Co-Parenting During the Divorce Process

co-parentingWhen parties with minor children go through the divorce process, the subject of co-parenting oftentimes comes up. Co-parenting basically means that both parents care for – and share responsibility for – their minor child or minor children while their divorce case is pending in the court system.

The family law attorneys at Rick Banks Law can assist you with entering into a co-parenting agreement that suits your family’s background, circumstances, needs, and preferences.

Co-Parenting Agreements

Divorce can be especially difficult for the parties’ minor child or children. A good co-parenting plan can help to alleviate stress for everyone involved and foster a spirit of cooperation between the divorcing parents.

A co-parenting plan may help during the divorce proceedings by creating a schedule, albeit preliminary or temporary, providing the parties’ children with stability and structure while their parents’ divorce case is pending. This interim agreement may remain in effect while the couple works on resolving other issues, such as marital property and finances. An interim agreement may also address the following; whether:

  • one parent will secure a new residence while the other parent remains in the home
  • the children will remain in the family home with one parent
  • the other parent will have access to the children and be able to spend time with them while the divorce case is pending

It is also important to note that many options exist for a co-parenting agreement and that there is no single ideal co-parenting schedule. A family law attorney may be able to help you draft a workable co-parenting agreement that fits the needs and schedules of both parents, as well as the minor children.

Consulting With a Neutral Child Specialist or Pursuing Mediation

The divorcing couple may also have the option of consulting with a neutral child specialist, prior to finalizing the divorce and custody arrangements. A neutral child specialist may be able to help the parties evaluate their situation (as well as the needs of their children) and help everyone come to an agreement on key issues before the divorce has been finalized.

In addition, the parties may be able to seek the services of a neural third-party mediator to help arrive at a workable co-parenting schedule while the divorce case is still pending.

No matter which option you choose, it is important to understand that you – the parents – are in the best position to know and understand your unique needs, as well as those of your children. Mediation and collaborative law processes encourage couples to think creatively and strategically about the parenting plan that will work best for themselves and for their families.

Contact a Fresno Co-Parenting Lawyer Today

Transitioning from living under one roof to living under two roofs can be extremely difficult for minor children. A good parenting plan helps to reduce the stress associated with this transition. A Fresno family law attorney can discuss your family’s unique needs with you and can assist you with drafting a workable co-parenting plan. Contact the co-parenting lawyers at Rick Banks Law by calling 559-222-4891, for a free initial consultation.

Social Media and Divorce

social media and divorceSocial media and divorce oftentimes go hand-in-hand. Social media platforms allow distant friends and family members to keep in touch with each other about major life events, milestones, and other accomplishments. Although social media sites, like Facebook, Instagram, Snapchat, and Twitter, have privacy settings, people can still use these platforms to gain insight about someone’s hobbies, spending habits, and schedules.

Whenever you are facing a major life change or event, such as going through a divorce, eliminating social media postings altogether may be the best alternative. However, in some cases, that is not feasible or possible. In any case, it is extremely important to be aware of the effects that online postings have on divorce negotiations.

If you are contemplating a divorce and do not know where to turn, the family law attorneys at Rick Banks Law may be able to assist you. What follows are some points to keep in mind when it comes to social media and divorce.

Online Postings Versus Information Exchanged Between the Parties

When online postings on social media sites contradict information exchanged by the parties in a divorce case, problems oftentimes arise. This is especially true in the context of the parties’ finances. You should be careful to avoid posting the following on social media while your divorce case is pending:

  • Photos of expensive items purchased
  • Vacation itineraries and other travel plans
  • Tagged photos at an expensive resort or restaurant

While these postings may seem harmless, they have the potential to produce unintended consequences when it comes to divorce negotiations.

Child Custody Considerations

If you and your soon-to-be ex-spouse have minor children, child custody is likely going to be an issue in your divorce proceedings. If child custody is at issue in your case, you should avoid posting pictures on social media that feature a “significant other” with children of the marriage. This can be confusing for the children involved and can also stifle custody negotiations during the divorce proceedings.

General Tips to Keep in Mind

While your divorce case is pending, you should keep the following general tips in mind when it comes to online postings on social media platforms:

  • Be careful of the information you are posting online – both in terms of written posts and also photographs. You should assume that anything you post online is fair game for anyone to discover.
  • Be aware that many social media websites, including Facebook and Instagram, allow users to “tag” other in photos or videos, making this information available to the general public online.
  • Be careful when sending and accepting friend requests – and when accepting “followers” on social media. Most people do not know all of their friends and followers on social media and may have never even met these people before. Keep in mind that your social media postings may be available to all of these people – whether you know them or not. You should also regularly monitor your privacy and security settings in order to keep tabs on who has access to your information and postings.
  • You should try to limit your online presence as much as possible while your divorce case is pending, helping to reduce some of the stress to yourself and your children that naturally flows from the divorce process.

Speak to a Fresno Social Media and Divorce Lawyer Today

Divorce can be an extremely stressful process – especially when young children are involved. One way that you can help to reduce the stress associated with a divorce is to limit your social media postings and online presence. A Fresno divorce attorney can help you work towards reaching a favorable agreement with your ex-spouse on contested issues. Contact the Fresno social media and divorce lawyers at Rick Banks Law today: 559-222-4891.

Prenuptial Agreement Negotiations

prenuptial agreementA prenuptial agreement establishes how a couple’s property will be distributed in the event that their marriage terminates. The process of negotiating a prenuptial agreement can be stressful, but it is important to keep the end goal in mind: coming to an agreement that is mutually beneficial for both parties. The agreement that you craft should be long-standing and family-oriented.

If you are looking to craft a workable prenuptial agreement, the family law attorneys at Rick Banks Law can assist you with this task. What follows are some points to keep in mind as you and your fiancé begin negotiating the terms of your prenuptial agreement.

Structure the Negotiation Process

Going into the prenuptial agreement negotiations, each party may already have certain goals in mind. These goals may be financial, personal, or investment-related. It is important to think about these goals ahead of time and about how to incorporate them into the agreement in a meaningful way. You should never reduce the agreement (or any portion of the agreement) to writing before discussing it with your partner.

Keeping the Peace

Discussions and negotiations about prenuptial agreements should never be adversarial or controversial – or based upon mistrust or anxiety. A good family law attorney can work with both parties to ease any fears they may have and can craft a workable prenuptial agreement that incorporates both parties’ needs and goals.

Both Parties Should Be Treated as Equals During Negotiations

When discussing a prenuptial agreement, each partner’s needs and wishes should be given equal consideration. Crafting a workable agreement involves patience and integrity. These skills will establish a good foundation for the marriage relationship and will ensure that it lasts for many, many years to come.

Both Parties Can Win When It Comes to Prenuptial Agreements

When it comes to prenuptial agreements, both parties can win. A prenuptial agreement should not disadvantage either party, and a positive negotiation outlook can ensure that both parties win. You should always keep in mind that prenuptial agreements are about planning for the future and that it takes both parties to successfully accomplish this goal.

Open Communication Is Key

Being flexible and carefully listening to your partner’s concerns is key to crafting a workable prenuptial agreement. This also sets the stage for marriage and helps to build a strong relationship based upon mutual trust and respect. Parties should also refrain from being competitive when it comes to prenuptial agreements. Instead they should focus on the end goal. Both parties should feel like equal partners during the negotiations.

Contact a Fresno Prenuptial Agreement Lawyer Today

Prenuptial agreements typically involve property and money. Negotiating about these topics can sometimes be very difficult for couples who are planning to marry in the near future. A Fresno family law attorney will be able to discuss your individual needs and goals with you and can help to craft a workable prenuptial agreement that will withstand the test of time. Contact the experienced prenuptial agreement lawyers at Rick Banks Law at 559-222-4891.

Timing of the Prenup

prenupA prenuptial agreement, known informally as a “prenup”, is a contract which lays out how a couple’s property will be distributed in the event of a marriage breakup. Conversations about prenuptial agreements can sometimes go awry if the subject is not broached delicately. It is important to recognize that every couple is different and that discussions about prenuptial agreements will vary from couple to couple.

If you are looking to draft a prenuptial agreement, the family law attorneys at Rick Banks Law can help. What follows are some tips to keep in mind when you are deciding how and when to approach the subject of a prenup.

Don’t Be in a Hurry and Plan the Conversation Carefully

Any conversation about a prenup is serious business. Therefore, it is best to have these conversations at a time when both parties can fully participate – and when neither party is in a hurry. It is also a good idea to plan the conversation ahead of time and think of the most important topics that you want to discuss.

Be Specific About Your Goals

When discussing the possibility of a prenuptial agreement with your future spouse, it is important to be very clear about your personal, professional, and financial goals. One way of focusing in on these goals is to ask yourself why you want a prenuptial agreement in the first place — and what purpose it will achieve. Always think in terms of the ‘big picture.’

Be Aware of Your Emotions

When discussing a prenuptial agreement, it is important to keep your tone in check and to listen carefully to your fiancé’s concerns. When responding to your fiancé’s concerns, you should do so constructively and with an end goal in mind.

Be Candid About Your Finances

Your finances include your income, assets, debts, and other financial information and obligations. You should be very candid in sharing this information with your fiancé in order to be clear on exactly what the prenuptial agreement will address. When it comes to finances, it is oftentimes better to talk to your fiancé about the proposed agreement before drawing it up in a written format.

Avoid Ultimatums

It is always important to keep in mind that a prenuptial agreement is a two-way street, so to speak. Therefore, each partner should value the other’s input and include him or her in the discussions. A “take it or leave it approach” will almost never result in both parties being happy. Keeping an open mind is essential, and you can always put some topics off to the side and come back to them later, prior to finalizing the agreement.

Avoid Relying Upon Others for Advice

While it is common for partners to seek advice about prenuptial agreements from their respective family members and friends, keep in mind that the agreement is really about you and your fiancé – and that you are the ones who must ultimately determine what goes into the agreement.

Contact a Fresno Prenup Lawyer Today to Discuss Your Case

The subject of prenuptial agreements oftentimes creates more questions than answers. A Fresno family law attorney can help you to craft a serviceable prenuptial agreement that will work for both parties and incorporate all of their needs and goals. Contact the experienced prenup lawyers at Rick Banks Law by calling 559-222-4891 for a consultation.