Alcohol and Domestic Abuse: A Dangerous Combination

Alcohol use and domestic violence often go hand-in-hand. Although abuse is not caused by addiction, when someone is under the influence of alcohol or drugs it can make them much more prone to losing control or acting on violent urges. Whether you are a victim of abuse or have been accused of domestic violence, it is important to understand how alcohol use may impact your case. An experienced domestic violence lawyer can help you make sense of it all, and advise you of the best course of action to protect yourself and/or your children.

Correlation Between Alcohol Abuse and Domestic Violence

According to the World Health Organization (WHO), approximately 55% of people who commit domestic abuse did so while drinking. In addition, women who experience domestic violence are up to 15 times more likely to use alcohol. 

A study conducted by the University of Minnesota showed that people who are already predisposed to violent behavior may also be more susceptible to substance abuse.  Specifically, children who grow-up in households where domestic violence and alcohol are prevalent may be at greater risk of becoming abusers and/or substance users later in life.

Distorted Perceptions Can Lead to Violence

Alcohol affects one’s ability to perceive, integrate and process information. Although distorted perceptions and poor judgment are not causes of domestic violence, they increase the risk that the user will misunderstand another’s behavior. This is true for the abuser and the victim if they are both drinking. 

If you are in an abusive relationship, finding an affordable divorce attorney who can help you obtain a protection from abuse order is one way to extricate yourself from the situation. An experienced family lawyer can also provide vital support that empowers you to take action and break the cycle of abuse and addiction. 

Similarities Between Alcohol Addiction and Domestic Violence

Domestic abuse and alcohol addiction have common symptoms that may be managed with the right kind of treatment. These include:

• Continuing to take part in negative behaviors despite undesirable consequences

• Feelings of shame and guilt as a result of the behaviors

• Denying or lying about involvement in the behaviors

• Loss of control

• Escalation or worsening of the behaviors over time

When alcohol use and domestic violence are co-occurring, the likelihood of dangerous—even 

 Fatal— consequences increases. Intoxication can result in an abuser being unaware of the severity of the damage he/she is causing to a victim. On the other hand, if a victim is under the influence, they may be unable to recognize their injuries or ask for help. Regardless of which role each person plays, both domestic violence and alcohol abuse cause deep feelings of shame that often keep people from seeking help. If you have been charged with domestic violence, your criminal defense lawyer can help you get the resources you need to find treatment for addiction and other behavioral health issues. 

How a Family Law Attorney Can Help

Domestic violence can impact divorce and custody matters as well. If you have children, it’s important to find the best child custody lawyer you can. An attorney can assess your case, advise of your options, and help protect your rights.

If you are being abused or know someone who needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://pa4law.com/alcohol-and-domestic-abuse-a-dangerous-combination/

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What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  

Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

• Failing to pick-up or return the children on time 

• Cancelations and missed parenting time

• Failing to inform you about important events or issues

• Badmouthing you to or in front of your children

• Drug and alcohol use

• Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court

Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt

If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

This blog was originally posted on https://pa4law.com/what-to-do-if-your-co-parent-wont-follow-a-child-custody-agreement/

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Updating Your Estate Plan After Divorce

Divorce often involves a lot of change in a short period of time, so it can be easy to overlook important issues like updating your estate plan. If you’ve recently been divorced, you’ll need a lawyer to draw-up your Will, draft updated powers of attorney, and help make other adjustments to your estate plan that reflect your goals and wishes for this new stage of your life. 

Write a New Will

Your family estate planning attorney will most likely recommend that you start fresh after your divorce and create a Will that names a new executor. This ensures that your previous Will is revoked and can eliminate confusion and conflict in the event of your passing. 

Revisit Guardianship of Minor Children

If you are co-parenting and on good terms with your former partner, you may have agreed to keep guardians for minor children as they are. If you want to change who you specify as guardian in your estate plan, the best divorce lawyers in Delaware County, PA advise clients to discuss it with their family law attorney and estate planning lawyer before making any revisions. Any custody or guardianship decisions that are specified in your divorce settlement agreement must be taken into consideration.

Update Your Advance Directive and Powers of Attorney

Most married couples designate their spouse to make health care and end-of-life decisions for them. If your divorce was amicable and both parties agree to maintain the status quo, you don’t have to change anything. However, if you are concerned about who should make these decisions in the event of your incapacitation, it’s important to change the agents you named in your power of attorney for health care and advance directive. The same goes for power of attorney for finances. You can revoke powers of attorney at any time, including during the divorce process. An attorney can ensure that that existing powers of attorney are properly revoked and help you create new ones. 

Name New Beneficiaries

It’s also essential to update beneficiaries on the following:

• Life insurance policies

• IRA, 401(k), pension, or other retirement accounts

• Bank accounts

• Investment accounts

• Real estate with transfer-on-death deeds

• Vehicles with named transfer-on-death beneficiaries

Any accounts you have that require the naming of a beneficiary should be updated after your divorce. 

Update Trusts

Top probate lawyers often recommend a revocable living trust as part of an estate plan, which can allow an estate to avoid probate. If you and your ex-spouse had a joint trust, assets held in it may have been divided in your divorce. In this case, your trust may have already been revoked or dissolved. Regardless, it’s important to make sure you create a new trust or update beneficiaries of any trusts you have to reflect your wishes. 

If you’re splitting-up with your spouse or need assistance with sorting-out estate planning after your divorce, an affordable divorce attorney can help you understand your rights and protect your interests.

This blog was originally posted on https://pa4law.com/updating-your-estate-plan-after-divorce/

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Spouse Emptied Your Bank Account? Know Your Rights

Many married couples use joint bank accounts to pay bills, living expenses, entertainment, and incidentals. Typically, each spouse may make deposits and withdrawals, and joint bank accounts usually work well when a marriage is stable. However, if separation or divorce is on the horizon, things can get messy. One spouse may attempt to withdraw some or all of the funds in an account to ensure they have cash or to spite their partner. Even if you believe you can handle a split with your spouse on your own, finding an affordable divorce attorney can protect your rights.

Are Bank Accounts Considered Marital Property?

Property division laws vary from state to state. In Pennsylvania, both individual and joint bank accounts may be considered marital property. Even if a spouse has his/her own individual account, funds may be considered marital unless if they came from an inheritance or belonged to the person before the marriage. 

What Happens if My Spouse Withdraws Money from Our Bank Accounts?

Unless you and your spouse come to a mutual divorce settlement agreement outside of the courts, a judge will review all marital property and determine how to divide your assets. Although Pennsylvania is an equitable distribution state, this does not necessarily mean everything will be split 50/50. If one spouse withdrew a significant amount of money and was not authorized to do so, they may be penalized by the court. A judge may order them to:

• Return the funds to the bank account

• Give the other spouse property of equal or greater value

• Pay legal fees, fines, and other sanctions

• Reduce the percentage they receive when determining how marital assets are distributed

Family law attorneys sometimes request that the court place an order prohibiting either spouse from removing joint funds. If you and your spouse share a mortgage, car payments, or other joint debts, the court may allow them to be paid from a joint account. If your spouse takes all or a significant amount of money from your bank accounts, top divorce lawyers in Chester County, PA can help protect your rights. However, if you fail to contact an attorney right away, your spouse could easily spend the money and make it very difficult to recoup.

What if One Spouse Needs Money to Move Out?

If you believe it is best to leave the family home, it is important to keep records of any money you take and how it is spent. Withdrawing more than 50% of the money in a joint bank account will be scrutinized by the court. Keep track of rent payments and other living expenses so you have proof to show the court where the funds went. Some other factors that will be taken into consideration are child support payments, alimony payments, and any other financial issues specific to your case. Your Divorce attorney can advise you of the most effective course of action to protect your interests.

Our experienced divorce lawyers fight to protect your rights and help you understand the divorce process. If you are going through a divorce and need to update your estate plan, our top Divorce lawyers and Support attorneys can assist you with those issues as well.

This blog was originally posted on https://pa4law.com/spouse-emptied-your-bank-account-know-your-rights/

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How Does Domestic Abuse Affect Child Custody cases?

 

Domestic violence is a serious issue that affects millions of families in the United States. In most courts around the country, judges are required to make custody decisions that are based on the best interests of the child. So how does domestic violence affect custody issues? Each case is different and there is no easy answer to such complex matters. Whether you have been a victim of domestic violence or have been accused of it, seeking the counsel of top child custody lawyers is vital to protecting your rights and your children’s best interests.

Domestic Violence and Divorce

Domestic abuse is often a catalyst for a spouse to file for divorce or to leave a relationship. When children are involved and issues of custody arise, things can get ugly. Divorces involving abusive relationships are often contentious and require court intervention. In these cases, the court will determine who will be granted physical and legal custody, which may include either parent or even a grandparent or other guardian. As always, courts evaluate evidence and make decisions based on what is best for the children’s safety and overall well-being.

The Impact of Domestic Abuse on Custody

Whether allegations of domestic abuse are recent or long past, the court may consider all of them. Generally, courts tend to err on the side of caution when granting custody or visitation in cases involving domestic violence. If a judge determines that a parent is a danger to the child or the other parent, custody and visitation may be denied or strictly limited.

Factors Considered By the Court

Although a judge will hear a parent’s allegations of domestic violence, evidence such as a Protection From Abuse Order (PFA), police report, witness statements and other documentation may be required in a custody hearing. It is well worth finding an affordable divorce attorney who knows which type of relevant evidence may help your case.

Typically, courts will consider:

- Whether alleged occurrences of domestic violence had an impact on, or were directed at, the child

- Whether the accused abuser still poses a danger to the other parent or child

- The frequency and severity of the abuse

- Any pending criminal charges against the alleged abuser

- Physical evidence of abuse, including current injuries or photographs

- Any relevant police reports

Custody and Visitation

After the court has considered all the evidence, the judge will make a determination about custody and visitation arrangements. If one parent poses a danger to the child or the other parent, the accused abuser may not be granted visitation at all. A judge may decide to:

- Order supervised visitation

- Revise an existing visitation order, such as revoking overnight visits or requiring supervised visitation

- Order anger management, parenting classes, or domestic violence counseling

- Issue a Protection from Abuse Order (PFA)

- Although it is rare, if both parents are abusive, the court may place the child in foster care or a relative’s care

If you are dealing with domestic abuse and child custody issues, contact a child custody lawyer in Pennsylvania to learn more.

If you or someone you love is a victim of domestic violence, contact the Domestic Violence Center of Chester County at 888-711-6270 or 610-431-1430 or the National Domestic Violence Hotline at 1-800-799-7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/how-does-domestic-abuse-affect-child-custody-cases/

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Can You Afford the Cost of Divorce? What to Expect

Most divorces are a complex process that require legal filings, the services of professionals, and sometimes, a trial. All of these factors contribute to the cost of divorce.

There is no “cookie cutter” price tag on divorce, as each one is as unique as the individual parties filing for divorce. However, the national average cost for a divorce is approximately $15,000 a person. This cost includes legal fees (even for an affordable divorce attorney), court costs, and fees for other professionals to consult on taxes or child custody, or to appraise real estate.

Because much of the cost is due to fees, the time it takes to complete the divorce will affect the final cost. The average divorce takes four to 11 months, but if you go to trial, it will take longer, and the costs will be higher.

A deeper dive

There are specific factors that will impact the cost of divorce. These include:

1.    Whether the divorce is contested or uncontested

2.    The fee arrangement with your divorce attorney

3.    The state and location in which you file for divorce

4.    Your child custody and child support arrangement

5.    Whether either party seeks alimony

6.    Whether the parties would agree to mediation

To put it simply, the more issues that you and your spouse can agree upon, the less time it will take to complete the divorce, and the less expensive it will be. Even when the divorce is “amicable” (and few are truly so), there will be costs to both parties.

An uncontested divorce will cost less than a contested divorce because fewer professionals and experts are needed to be called-in to settle any disagreements in valuation or dollar amounts. To file an uncontested divorce, you ultimately will need to be in agreement with your spouse on all major issues. When an uncontested divorce decree is final (usually after a mandatory waiting period), there is no “wiggle room” to go back and renegotiate the agreement.

It’s unusual for any couple with marital assets to be in complete agreement on the value of the property or how it should be fairly divided. A good spousal support attorney will bring in any appraisers or other professionals as needed, and then negotiate a settlement. If you or your spouse are business owners or have extensive investment properties or holdings, this process will be more complex and take longer.

Mediation

A mediation of divorce may save money, but there are still costs, and it is important not to mediate unless certain parameters are met. Even if mediation is used, each party should have the agreement reached at mediation by a good and experienced divorce attorney. Mediation is when you and your spouse agree to use the services of a professional mediator, who is a neutral third party.

You might choose to have a collaborative divorce, which is when the two parties each hire an attorney, and everyone meets to negotiate the parts of your divorce that are contested. Even with an affordable lawyer, the costs will include legal fees, but you will save the cost of going to trial.

Thinking about divorce but wondering whether you can afford it? Contact the team at Perna & Abracht who will be happy to provide answers to your questions in an initial complimentary consultation.

This blog was originally posted on https://www.pa4law.com/can-you-afford-the-cost-of-divorce-what-to-expect/

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