Social Media and Divorce

We live in a fast pace technological age. The internet, in all of its glory, has become  an extension of ourselves. If you don’t think your social media posts will impact your divorce proceedings, think again.

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In fact, according to Lawyers.com over 81% of American Academy of Matrimonial Lawyers members have used or encountered evidence taken from social media websites (e.g. Facebook, LinkedIn, Twitter, and so on).

Do’s and Dont’s of Social Media

Do:

  • Ignore posts your spouse makes about you- do not respond.
  • Copy what your spouse posts, print it, then block him/her.
  • Unfriend people you have in common on Facebook so that they don’t pass along your post to your Spouse and their friends.
  • Ask yourself “What would the Judge think of this?” before you post anything online.
  • Report your spouse’s harassing posts to Facebook (or other platforms) or ask your attorney to file a cease and desist order if necessary.
  • Be aware of what your kids are posting about you, your behavior, and their activities with you.

Don’t:

  • Use social media to harass, vilify or blackmail your spouse.
  • Add friends you don’t know.
  • Let your friends tag you in pictures that could be defamatory.
  •  “Stalk” your soon to-be-ex on social media to see what they are doing or whom they’re moving on to.
  • Post when youre in an emotional state, either before or after you go to Court.
  • Change your status to “single” or to “seeking” anyone until your divorce is final.
  • Post lewd or crude images or otherwise that will make you appear valueless and irresponsible- especially if you want custody.

Excerpt from “The Nevada Divorce Guide: 21 Actions You Must Take Now to Protect Yourself, Your Interests, and Your Assets During Divorce”.  

Available at Sundance Bookstore in Reno, NV or via request at info@petronilaw.com

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature

What you need to understand about Custody #custody #divorce

Child custody can be an issue in divorce as well as in post-divorce matters.  When making decisions about custody it is essential that you understand the difference between legal custody and physical custody.

Legal Custody refers to the parental decison-making over the child. The parent or parents with legal custody have the authority to determine how important decisions about the child will be made.  If one parent is granted sole legal custody, then only that parent has the right to make decisions with regard to education, healthcare and the faith the child will be brought up in. Under joint legal custody, you will both share  equally in the decision-making. Both of you will be expected to create a written parenting plan outlining the terms of access you will each have to the child(ren). There is a strong presumption on the part of the courts that parents will share joint legal custody. It would be extremely rare for joint legal custody not to be granted.

Physical custody refers to the amount of time a child will spend with each parent. Joint physical custody implied that time will be split somewhat equally among the two parents. However, when children reside primarily with one parent and spend significantly more time with that parent, a primary custodial parent may be designated. This allows that parent to make day-to-day decisions regarding that child.

Excerpt from “The Nevada Divorce Guide: 21 Actions You Must Take Now to Protect Yourself, Your Interests, and Your Assets During Divorce”. Available at Sundance Bookstore in Reno, NV or via request at info@petronilaw.com

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature

When Should I Consider Bankruptcy In a Divorce

Financial issues in a divorce can be tricky; add in the question of whether or not to file bankruptcy and it can become even more complex. Take an inventory of your marital assets and liabilities and use this checklist to determine if bankruptcy is something you should bring up to your attorney.

If you check more than four statements, you should consider discussing bankruptcy with your attorney.

  • As a couple, we are struggling to pay bills.
  • After the divorce, I will not be able to pay my credit card bills, car payment, or mortgage.
  • I/We are already behind on our house payment.
  • I/We are already behind on our credit card payments.
  • I/We are already behind on our car payments.
  • I/We have state or federal tax debts from previous years.
  • I/We have property tax or other liens against our home.
  • I/We have been receiving calls from creditors.
  • I/We have a Notice of Foreclosure on our home.

Excerpt from The Nevada Divorce Guide: 21 Actions You Must Take Now to Protect Yourself Your Interests and Your Assets During Divorce. Available at Sundance Bookstore in Reno, NV, or by request at info@petronilaw.com.

 

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature

Can an Executor of a Will leave beneficiaries “in the dark” about their distributions?

Estate planning can be very messy; when families do not get along or live very far apart, the issues can be even more greatly exacerbated. Experienced attorneys in areas of estate planning and probate will have dealt with the difficulty of uniting families, settling disputes, and distributing assets in an amicable fashion.

Many people may find themselves feeling “left in the dark” when one relative, typically an Executor, appears to be speaking to an attorney and not relaying any information back to other family members. If you believe you are mentioned in the Will, you will feel like you should be told what is happening in relation to what was supposed to be left to you. Make sure to consult with an experienced estate planning or probate attorney in your area to discuss what actions you can take to be informed.

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature  

Should I Hire An Attorney?

Whether or not you should be hiring an attorney needs to be evaluated case by case. Here are a few things to consider to help you make that decision.

1.) Get as much free legal help as you can initially to determine if your case should not be handled on your own.

  • Avvo.com
  • Legal referral services in your state (in mine there is Nevada or Washoe Legal services.)
  • Look into the pro bono process
  • Use the law library if this exists in your state ( access to law materials and forms for the public)

2) Attend a consultation to bring up key issues in your case. See what the process looks like to tackle these issues and decide if you want to continue with that attorney. You may spend upwards of $150.00 on a consultation, but many people find that this appointment gives them the information they need to either go forward pro per (by themselves) or brings them to the realization they need an attorney.

3) If you decide to attend a consultation, I highly suggest researching your issue online to see what key issues exist in your case. Then research what experts are in your community that you can seek advice from that handle your specific issues. Check out the attorney’s websites and their Avvo and Martingale Hubbell profiles to read their areas of expertise and see client testimonials. Once interested, expect to receive an appointment 3 days to a week out from the date you call, so plan strategically and do not wait until the last minute.

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature  

Can I Change What I Have to Pay in Child Support?

Child support is ordered to be paid in Court by a Judge. Child support is modifiable, meaning you can change the amount you are required to pay. Child support is calculated on a number of different variables. In order for the support to be modified, these variables need to have changed in some way for it to be justified. The best thing to do is consult with an attorney to describe what differences have occurred from the date of the Order for support to present. An experienced family law attorney in your area will be able to determine if your changes in circumstance are strong enough to yield the deductions in support you are seeking.

Responses are for general information purposes only. A consultation with an attorney experienced in the area of law(s) is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature