Should I Hire A Private Investigator? —

Should I Hire a Private Investigator?

Private investigators are just for snooping on cheating spouses to catch them in the act, right? Wrong! Family law attorneys use private investigators for so much more.

Yes, private investigators are great for finding out if your spouse is cheating, don’t get us wrong, but we also use private investigators to find out whether a parent has their new boyfriend or girlfriend spending overnights with the children when a court order prohibits it. Sometimes we use them to see if a client’s spouse (or ex-spouse) is being honest about where and how much they’re working for purposes of calculating income for alimony or child support (or to modify alimony or child support if you think your ex-spouse’s income has changed.)

But be careful! While private investigators are invaluable in a family law case, they can also be misused. Most private investigators are familiar with working on family law cases, but they’re only hired to do what you ask them to do, and they cannot give legal advice. Sometimes they spend hours and hours following your spouse and tracking their every move, but it turns out what they’ve been chasing won’t help your case.

Many of our clients have already hired private investigators prior to coming in to meet with us, and we unfortunately have to tell them that they’ve spent thousands of dollars to have a private investigator investigate something that, while interesting, isn’t useful. It’s important to have a family law attorney walk you through what will and won’t be persuasive in court before the private investigator starts their investigation.

When we hire a private investigator on our client’s behalf, the law grants us special protection for the information the private investigator is gathering. You do not have the same protections for the private investigators information if you hire the private investigator on your own. Allowing an attorney to hire a private investigator on your behalf as part of your case plan will ensure that the private investigator has a clear understanding of what they need to look for, and helps to protect what they find. Keep in mind, too, if you are paying a private investigator directly, it’s very likely that the charges will appear in your bank records (which the other side will likely have access to through discovery) and clue your partner in to who you’ve hired. When an attorney hires the private investigator, all of the charges are billed through your attorney’s office.

We never want to have to tell a client that they’ve wasted time and money on a private investigator for the wrong reasons, or that they have to disclose everything the private investigator has discovered to their partner, giving them notice that they’re being investigated.

Schedule a consultation with one of our attorneys before you hire a private investigator so that we can make sure the private investigator has the right information to conduct a useful investigation, and that what they find is kept as private as possible.

T. Michael

Godley

Partner & Certified Family Financial Mediator

Can I Move Out Of The House If I Am Ready To Separate? —

Can I Move Out Of The House If I Am Ready To Separate?

We understand that once you’ve made the decision that you’re ready to separate from your partner/spouse, you may want to move out as soon as possible. Sticking around can be awkward and cause extreme tension. While we want to help you on your way to establishing your new normal as efficiently as possible, we have to be mindful of the implications that moving out may have.

Moving out of the house can impact whether you will owe alimony, or whether you will be entitled to alimony. You will frequently hear the term “abandonment” being used in these situations, and the specific facts of your situation will determine whether moving out will give your spouse grounds to claim abandonment. Moving out of the house can also create a situation in which you are no longer legally allowed to go back onto the property without permission from your partner/spouse, and the police may be called.

If you have children, moving out of the house has risks regardless of whether you take the children with you or leave the children with your partner/spouse. In the absence of a written agreement, taking the children with you may give your partner/spouse grounds to ask a Judge for emergency child custody, which will likely shape the way the Judge handles your case moving forward. If you leave the children with your partner/spouse, you may not have access to your children until a Judge orders that you have access, and that can take months.

Our married clients typically ask: Will I lose my right to any equity in the residence if I move out?  The simple/short answer is NO, as long as the house is considered marital property, you will not lose your rights to split any equity in the house that was built up during the marriage.  However, depending on the facts of your particular case, this may not necessarily be the case.

Meeting with one of our attorneys allows us to evaluate your living situation and help you craft a plan for separation that meets your immediate needs while also considering the long term effects of your decision and the best interests of your children.

T. Michael

Godley

Partner & Certified Family Financial Mediator

How Can You Protect Your Relationship From Coronavirus? —

How Can You Protect Your Relationship From Coronavirus?

Believe it or not, we don’t actually want anyone to go through the process of separating from their partner. We understand that separation and divorce happen, and we’re here to help our clients navigate that, but we feel our clients’ pain along the way and understand that fear and emotions are very real factors that must be dealt with along with financial realities.

COVID-19 is unlike anything we’ve ever experienced. This is new territory for all of us, and we are genuinely concerned that it’s taking a toll on everyone’s family… and we want to make sure that we help you prevent permanent damage to your relationship, if we can.

Even without couples being quarantined to their homes for the majority of the day and socially distanced from their friends and co-workers, we hear a repeating pattern of issues that arise in relationships that cause their ultimate demise. Being quarantined with your partner (and maybe your children, too) is bringing a lot of the issues we see every day to the forefront in an expedited fashion.

The first thing we see on a daily basis is a breakdown over finances. We are baffled by the number of clients that walk into our office knowing nothing about their financial situation. Sometimes it’s because our client is a stay-at-home parent and doesn’t have access to their partner’s income information. Other times it’s because our client is the “breadwinner” but doesn’t pay any of the household bills, and has no idea what the normal monthly expenses are. Frequently it’s because our client and their partner both have demanding careers and earn their own income but don’t hold joint accounts. Regardless of the reason for being blind to their family’s finances, this lack of financial involvement by a partner can cause irreparable damage to the relationship and make the divorce process more expensive.

Now is a great time to sit down and have a discussion about household income and expenses. Layoffs, furloughs, and decreases in income due to lack of business opportunities are impacting the majority of us. Deciding what purchases need to be prioritized and what can be postponed until a later date may help ensure that an unforeseen (or current) decrease in income is minimally devastating to your family’s ability to make ends meet for the next few months. One partner spending like nothing has changed while the other is worried about income slowing causes stress in any relationship, but especially a relationship that is already under stress from having daily routines severely disrupted.

Another issue that constantly causes a divide between partners is a difference in parenting styles. We all come into our relationships with different ideas about parenting. A lot of these ideas, good or bad, we learned from our parents. With new parents, we are often learning as we go. Due to our typical schedules, most couples only have the opportunity to converse with each other for a little while in the morning and a couple of hours in the evening. Being at home all day with your partner and children means that every single parenting decision is under scrutiny from the other parent. Some parents are proactive, some are reactive. Some parents are laid back, others are high strung. Maybe your partner thinks something you’re doing is calculated to override what they did just minutes earlier when, in reality, you’re just reacting to a screaming child while simultaneously listening in on a conference call. Maybe you think your spouse is being critical of your parenting when they are simply attempting a different method since your child didn’t listen to what you said the first time. There is no time like the present to calmly articulate to your partner what they’ve done that’s upset you, and to ask them what you’ve done that’s upset them. If you are simply misinterpreting each other’s actions, that’s an easy fix. If you are truly being counterproductive to each other’s parenting, your children will benefit immensely from the two of you figuring out what issues require a united front and what issues can be handled differently by each parent. We often refer people to counselors, that we trust, for work on co-parenting skills and relationship skills.

The current conditions are putting extreme and immediate stress on everyone’s finances and everyone’s ability to co-parent, so we hope that you and your partner are willing and able to invest the time and energy in making sure that this temporary alteration to everyone’s routine doesn’t cause permanent damage for your relationship. It is often helpful to have a consultation with a lawyer to learn more about your legal rights in addition to learning more about your finances, your communication skills and your parenting styles. It is important to remember that having a consultation with us doesn’t mean you have to get divorced. It may help you avoid a divorce.

We truly understand that some people have been facing issues in their marriage for years leading up to being quarantined together, and we do not intend to imply that the current quarantine will be enough of a wake-up call to fix every relationship. If your relationship has become unhealthy and irreparable, we are here and available in-person, via video chat and for telephone consultations. We always advise a consultation before making big decisions such as a physical separation or even telling your partner you want to separate. Remember knowledge is power. We truly want to empower our clients with knowledge about their legal rights no matter what relationship path they ultimately choose.

Maren

Tallent Funk

PARTNER & BOARD CERTIFIED SPECIALIST IN FAMILY LAW