Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security.


Is it possible to receive disability and alimony at the same time?

You can receive both alimony and disability benefits, but how they interact depends on the type of benefit and your state’s laws.

SSDI is typically not affected by alimony, while SSI may be reduced due to its needs-based structure.

Courts weigh disability status when determining alimony amounts, especially if it limits earning capacity or impacts a payor’s ability to provide support.

Detailed documentation of income, medical records, and financial need is essential to maintain both benefits and support arrangements.

Family Law

Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security. Divorce affects more than your relationship. It changes how income is calculated, support is determined, and future needs are addressed. If you’re already receiving disability or plan to apply for it, you may have questions about how that impacts your eligibility for alimony, or vice versa. Is it possible to receive disability and alimony at the same time? In most cases, yes, but it’s not always simple. Different types of disability benefits (like SSDI or SSI), state laws, and your specific divorce agreement all play a role in what’s allowed and how much support you may receive. By understanding how these support systems interact, you can make more informed decisions during your divorce. You’ll also be better equipped to protect your financial future as you move forward.

The interaction between disability and alimony

Disability has a major impact on alimony decisions, whether you’re the one receiving support or the one paying it. If you’re disabled and unable to earn a full income, you may need additional spousal support. If you’re expected to pay alimony but have a reduced income due to disability, that also affects what the court may order. Courts don’t take a one-size-fits-all approach here. They’ll review your medical records, long-term prognosis, and eligibility for disability benefits. They’ll also consider ongoing medical expenses, care requirements, and whether any accommodations that affect your cost of living are needed. If you’re the spouse with a disability, the court might increase alimony or extend the payment period to meet your needs. If you’re the payor and your income drops because of a disability, the court may lower your payments or adjust the structure. Everything comes down to balancing your needs against your former partner’s ability to pay.

How does disability affect alimony payments?

Disability can shift alimony in either direction. If you’re unable to work because of a health condition, the court may increase the alimony you receive to ensure you can meet basic needs. But if you’re paying alimony and your income drops due to disability, you can usually request a modification. Judges look at many factors:

How severe and permanent is the disability?

Does it limit your ability to earn a living?

Are you receiving government benefits like SSDI or SSI?

Do you have insurance coverage or other financial support?

When did the disability begin—before, during, or after the marriage?

These details help the court understand the full picture. Whether you’re asking for support or seeking a reduction, you’ll need to show how your disability affects your financial life.

Is it possible to receive alimony and disability at the same time?

Yes, it’s possible to receive both alimony and disability benefits. But how these two forms of support interact depends on a few key factors, especially the type of disability benefit you receive. If you’re getting Social Security Disability Insurance (SSDI), alimony generally won’t reduce your benefits. SSDI is based on your work history and contributions to Social Security, not your financial need. However, if you’re receiving Supplemental Security Income (SSI), it’s different. SSI is a needs-based program, so any alimony you receive may reduce your benefit amount. The Social Security Administration sees alimony as income, which could make you ineligible or lower your monthly SSI payments. Courts also consider your disability income when <a href="https://www.marble.co/blog/family/divorce/how-to-calculate-alimony" rel="noopener noreferrer" target="_blank">calculating alimony</a>. They want to make sure you’re supported, but not overpaid. In many cases, disability payments may offset the amount of alimony awarded to avoid what’s known as double-dipping. The goal is always to meet your basic needs without unnecessary financial strain on either party.

Main requirements for getting alimony and disability at the same time

To qualify for both alimony and disability benefits, you’ll need to meet the separate legal standards for each. Here’s what you should be prepared to demonstrate:

You’ll need to prove that your medical condition prevents you from working. For SSDI, this means showing your condition is expected to last at least 12 months or result in death. You must also have a sufficient work history. For SSI, the medical standard is similar, but the financial threshold is stricter.

To get alimony, you’ll also need to show that you can’t meet your expenses without your former partner’s help. This means documenting your income, medical costs, living expenses, and how your disability limits your ability to support yourself. Keep detailed records of everything: disability checks, alimony payments, and any other sources of income. These documents help the court (and the Social Security Administration) make fair decisions and protect you if either party requests a change later.

Medical records, employment history, and expert evaluations can help show how your condition limits your ability to work. This information supports your claim for both alimony and disability, especially if you’re seeking higher support levels or long-term assistance.

Any time your alimony amount changes, you must report it to the Social Security Administration if you’re receiving SSI. Failing to do so could result in benefit reductions, overpayment notices, or even penalties. Likewise, if your disability status changes, let the court know—this could affect your alimony order too.

Up-to-date medical records are essential. They show the current state of your condition and help justify continued disability benefits or the need for ongoing alimony. If your condition worsens or improves, these records will guide necessary adjustments.

What is the impact of divorce on disability and alimony?

<a href="https://www.marble.co/blog/family/divorce/avoid-paying-alimony" rel="noopener noreferrer" target="_blank">Divorce</a> introduces a wave of changes, especially when disability benefits are involved. If you or your former partner are disabled, the financial and legal impact of separating can be more complicated. Courts must carefully balance disability needs with fair support arrangements, while you navigate shifting income and benefit rules.

Divorce usually means recalculating your finances from the ground up. You’re moving from one household to two, which often stretches resources. For a disabled spouse, this transition may create a greater need for support. Courts look closely at total income from disability benefits, past earnings, and future potential when determining support.

Divorce can change your eligibility for some public benefits. For example, if you receive SSI, a drop in household income might increase your monthly benefit. On the flip side, receiving alimony might lower or eliminate your eligibility. Changes in family size, housing, and financial support all affect benefit calculations, especially for needs-based programs like Medicaid or housing assistance.

Courts don’t just look at income; they also look at your expenses. If you’re disabled, you may need extra support for medical care, home accessibility, or mobility equipment. These added costs can justify higher alimony payments. Judges try to ensure your basic needs are met, even as they consider what your ex can realistically afford to contribute.

One of the biggest challenges after divorce is medical insurance. If you were covered under your spouse’s plan, you might lose that coverage after the divorce is finalized. Depending on your situation, you may need to use COBRA, switch to a Marketplace plan, or apply for Medicare or Medicaid. It’s important to explore these options early to avoid a gap in coverage.

What happens if the person paying alimony suddenly becomes disabled?

If the person responsible for paying alimony becomes disabled, they can usually ask the court to review and possibly modify the order. This is known as a change in circumstances, and it’s a common reason to request an update to support payments. When this happens, the court will look at the new medical diagnosis, the impact on employment, and the person’s current income, including any disability benefits. They’ll consider whether the payor can still meet their support obligations, or if the payments should be reduced, paused, or even ended. Judges don’t make these decisions lightly. They weigh the payor’s new limitations against the ongoing needs of the person receiving alimony. The court might often lower the monthly amount or extend the payment timeline. In more severe cases, the order may be terminated, especially if the payor is permanently disabled with no remaining income beyond basic support.

How a family law attorney can help your alimony case

Balancing alimony and disability benefits involves legal and financial details that can quickly become overwhelming. A family law attorney can help you understand your rights, avoid benefit disruptions, and request support or modifications based on changing circumstances. Attorneys with Marble can help clients navigate the intersection of disability and <a href="https://www.marble.co/blog/family/alimonyandspousalsupport" rel="noopener noreferrer" target="_blank">spousal support</a>. They’ll guide you through the process, help you pursue a fair and enforceable&nbsp;agreement, and help you secure the financial stability you need.

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If you’re going through a divorce and you have kids, you may wonder what happens if you or your ex keeps your children from the other. Here’s what you need to know. 

What happens when you keep your child from your spouse?

The breakdown of a relationship can be emotionally challenging, especially when children are involved. In cases where custody arrangements are determined by a court order, withholding a child from the other parent can have serious legal consequences. Understanding the legal implications of such actions is crucial for all parties involved. In this article, we’ll delve into the complexities of withholding a child from another parent with a court order and explore the potential ramifications.

Understanding Court Orders and Custody Agreements

When parents separate or divorce, they may seek legal intervention to establish custody and visitation arrangements for their children. This often involves obtaining a court order outlining the terms of custody, including physical and legal custody, visitation schedules, and any other relevant provisions. Court orders are legally binding documents that must be followed by both parents to ensure the best interests of the child are upheld.

Withholding a Child from Another Parent: Legal Implications

Withholding a child from another parent carries significant legal implications and can deeply impact family dynamics. The following are some of the potential consequences you could face if you violate a court order:

Contempt of Court: Failure to comply with a court order regarding custody or visitation arrangements can result in being held in contempt of court. Contempt of court refers to any action that defies or disrespects the authority of the court. As a result, the offending party may face fines, sanctions, or even imprisonment.

Modification of Custody Arrangements: If one parent consistently withholds a child from the other parent in defiance of a court order, the aggrieved parent may petition the court for a modification of custody arrangements. Courts prioritize the best interests of the child when considering custody modifications, and withholding a child from another parent without justification will be viewed negatively and could lead to a change in custody arrangements favoring the compliant parent.

Parental Alienation: Withholding a child from the parent with a court order can also be indicative of parental alienation, a phenomenon where one parent undermines the child’s relationship with the other parent. Parental alienation can have detrimental effects on the child’s emotional well-being and may result in long-term damage to the parent-child relationship. Courts take allegations of parental alienation seriously and may intervene to address the issue through counseling, therapy, or other appropriate measures.

Civil Remedies: In addition to legal consequences, withholding a child from another parent with a court order may expose the offending party to civil liability. The aggrieved parent may pursue civil remedies, such as filing a lawsuit for intentional infliction of emotional distress or interference with parental rights, seeking damages for any harm caused by the withholding of the child.

Criminal Charges: In extreme cases, withholding a child from another parent in violation of a court order may result in criminal charges. While criminal prosecution is relatively rare in custody disputes, repeated and egregious violations of court orders may prompt law enforcement intervention, particularly if there are concerns for the child’s safety or well-being.

The act of withholding a child from another parent not only strains familial relationships but also triggers serious legal consequences, underscoring the importance of adhering to custody agreements and seeking lawful resolutions to disputes.

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If you find yourself in a situation where the other parent is withholding your child in violation of a court order, it’s essential to seek legal advice from a qualified family law attorney immediately. An experienced attorney can help you understand your rights and options, including filing a motion for contempt, seeking modification of custody arrangements, or pursuing civil remedies for damages.&nbsp;

Steps to Take If Your Child Is Withheld From You

When faced with the distressing situation of your child being withheld from you despite having a court order, it’s crucial to act decisively and legally to protect your rights and your child’s well-being. Here are the steps you should consider:

Stay Calm and Focused: Throughout this process, it’s important to stay calm and focused on the well-being of your child, avoiding actions that could escalate the situation or negatively impact your case.

Document the Incident: Keep detailed records of all interactions and attempts to contact your child or the other parent. Note dates, times, and the nature of any communication or lack thereof.

Review Your Custody Order: Familiarize yourself with the specifics of your custody agreement to understand your rights fully. This will be crucial in any legal action you take.

Consider Mediation or Counseling: In some cases, it may be beneficial to seek mediation or counseling to address the underlying issues leading to the withholding. This can be a constructive way to improve communication and co-parenting.

Seek Legal Advice: Consult with a family law attorney immediately to discuss your situation. They can provide guidance on the best course of action and help you understand your legal options.

By following these steps, you can navigate the challenging situation of a child being withheld from you, ensuring that you act in the best interests of your child while upholding your legal rights.

Contact a Family Law Attorney For Help With a Custody Dispute

Withholding a child from another parent with a court order is a serious matter with potentially significant legal consequences. From contempt of court charges to allegations of parental alienation, the repercussions of such actions can be far-reaching and may have lasting effects on the parent-child relationship. By understanding the legal implications of withholding a child from another parent and seeking appropriate legal counsel, individuals can navigate custody disputes effectively and protect the best interests of their children.

If you’re curious about what common law is in California, read on for our explanatory guide. 


Navigating Common Law in California: What You Need to Know

Common law, a legal system derived from judicial decisions and customs rather than statutes, plays a significant role in various aspects of law across different jurisdictions. However, it’s essential to understand how common law operates in specific states, such as California, where statutory law often takes precedence. In this article, we’ll explore the concept of common law in California, its applications, and its significance in legal proceedings.

California, like many other states, follows a system of common law principles, albeit with some notable distinctions. Common law in California refers to legal principles and precedents established by court decisions rather than codified statutes enacted by the state legislature. While statutory law enacted by the California Legislature governs many aspects of life in the state, common law fills in gaps, provides guidance in interpreting statutes, and shapes legal doctrines in various areas.

In California, the application of common law influences numerous legal areas, setting precedents that guide judicial decisions across the state; the following are examples of how these principles are applied in practice.

Contract Law: Common law principles play a crucial role in contract law in California. While contracts are primarily governed by statutory law, common law principles such as offer, acceptance, consideration, and breach supplement statutory provisions and guide courts in interpreting contractual disputes.

Tort Law: In tort law, which covers civil wrongs and liabilities, common law principles provide the basis for determining negligence, liability, and damages in personal injury cases. California courts rely on common law doctrines established through judicial decisions to resolve tort disputes and ensure fairness in compensation for injured parties.

Property Law: Common law principles also influence property law in California, particularly in areas such as easements, adverse possession, and landlord-tenant relationships. While statutes govern many aspects of property rights and transactions, common law principles provide additional guidance and clarification in complex property disputes.

Family Law: In family law matters such as divorce, child custody, and spousal support, common law principles inform judicial decisions and help establish legal standards for resolving disputes. While California family law is primarily governed by statutory provisions, common law principles shape the interpretation and application of those statutes in specific cases.

Employment Law: Common law principles play a role in shaping employment law in California, particularly in areas such as wrongful termination, discrimination, and workplace harassment. While statutory provisions such as the California Fair Employment and Housing Act (FEHA) govern many aspects of employment relationships, common law principles provide additional protections and remedies for aggrieved employees.

Through these examples, we see how common law in California plays a role in shaping the legal landscape, providing a foundation for fairness, justice, and predictability in the state’s judicial system.

Significance of Common Law in Legal Proceedings

Common law serves several essential functions in legal proceedings in California, including:

Filling Gaps: Common law fills gaps in statutory law and provides guidance in areas where statutes may be silent or ambiguous.

Interpreting Statutes: Courts rely on common law principles to interpret statutory provisions and apply them to specific cases.

Establishing Precedent: Judicial decisions based on common law principles establish precedent for future cases, shaping the development of California law over time.

Ensuring Flexibility: Common law allows for flexibility in adapting legal principles to evolving societal norms and changing circumstances, ensuring that the law remains relevant and responsive to the needs of the community.

As you can see, common law in California plays a vital role in the state’s legal system, ensuring continuity, clarity, and adaptability in legal proceedings

Common law in California is a vital component of the state’s legal system, providing guidance, precedent, and flexibility in interpreting and applying statutory law. Understanding the role of common law in various legal contexts, from contract and tort law to family and employment law, is essential for navigating legal proceedings effectively.&nbsp; By recognizing the significance of common law principles (which vary from state-to-state) and consulting with knowledgeable legal professionals, individuals can ensure that their rights and interests are protected under California law. If you have questions or need further clarification, don’t hesitate to contact a lawyer for help.&nbsp;

If you live in Michigan and are considering a divorce or separation, this article will walk you through the differences so you can make an informed decision. 

Divorce vs. legal separation in Michigan

Married couples in Michigan who are struggling with their marriage may not realize legal separation is an option. It’s just that the state calls it “separation maintenance”.&nbsp; In this article, we explain the differences between divorce and legal separation in Michigan and how each process works. This information may help you confidently decide which path to pursue.

Divorce and legal separation (separate maintenance) in Michigan

Divorce and <a href="https://www.marble.co/blog/family/divorce/legal-separation-in-marriage" rel="noopener noreferrer" target="_blank">legal separation</a> are legal concepts related to the termination or alteration of a marital relationship. In both processes, the spouses often need to reach an agreement (or have a court decide for them) about issues such as <a href="https://www.marble.co/blog/family/child-custody/legal-custody-vs-physical-custody" rel="noopener noreferrer" target="_blank">child custody</a>, child support, spousal support and the division of marital property, assets and debts.&nbsp; The primary difference between divorce and legal separation is the legal result of the proceedings:&nbsp;

Divorce, also referred to as “dissolution of marriage,” dissolves the marriage.

Legal separation, referred to as “separate maintenance” in Michigan, allows couples to live separate lives while remaining legally married.

Under Michigan law, although divorce and separate maintenance are distinct legal actions, they follow roughly the same process.

In divorce actions, one party typically initiates the legal process by filing a complaint in the circuit court where one or both parties reside, stating the legal grounds (reasons) for the action. Notably, Michigan is a no-fault state, meaning that neither party has to prove any fault or wrongful conduct for the divorce to be granted.&nbsp; Along with the complaint, the filer must pay a fee. Currently, there’s a $150 filing fee and a $25 electronic filing service fee, for a total of $175. If your divorce involves child custody or parenting time, you have to pay an additional $80. If the action involves child support only, you have to pay an additional $40 instead. If these fees are challenging for you, you can submit a request that the court waive the fees. The court takes a number of factors into consideration to determine whether to grant these requests. If the spouses disagree on any terms of the divorce (such as property division, child custody, parenting time, child support and spousal maintenance), Michigan judges often order the couple to attend <a href="https://www.marble.co/blog/family/divorce/legal-separation-vs-divorce" rel="noopener noreferrer" target="_blank">mediation</a> to attempt to find some common ground. Michigan courts also offer a mediation-like alternative dispute resolution program through Michigan’s Friend of the Court (FOC) system. The FOC may help parents work through disagreements informally through joint meetings, conferences or a hearing before an FOC referee. These meetings typically address issues related to child custody, parenting time and child support.&nbsp; Whether through mediation, FOC or on their own, if the spouses can find an agreement on all issues of the divorce, the divorce is uncontested. The spouses can file a proposed divorce decree with the court. Unless the agreement is contrary to the law, the court generally orders a divorce decree under the proposed terms. If the spouse can’t reach an agreement, they have a contested divorce and may end up in the courtroom. There, the spouses put forward evidence in a hearing to argue for their desired outcome. Then the court reaches a decision and issues a divorce decree. Even in divorces where the couple agrees on everything, the court won’t issue a decree right away. The court must wait 60 days after the couple officially files for divorce if they have no minor children or six months if they have minor children before issuing the divorce decree. This waiting period applies even if the couple separated before filing for divorce but may be waived in compelling circumstances.

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The process of legal separation in Michigan begins in much the same way as divorce in the state. One spouse files for separation maintenance and pays the $175 and $80 or $40 filing fees. If both spouses want to pursue separation, filing typically involves creating a separate maintenance agreement. This agreement should cover the same matters a divorce decree covers. Once the couple finalizes this agreement, they can file it with the court for approval. If the separation is contested, one spouse files a complaint for separate maintenance and has it served on their partner. The partner must respond by filing an answer. When they do, they may either admit the grounds for separate maintenance or file a counterclaim for divorce.&nbsp; If they admit the grounds for separate maintenance, the couple may voluntarily work with a mediator or Michigan’s FOC alternate dispute resolution system to create a separation agreement. Michigan courts may also order couples to attend alternative dispute resolution processes. If the spouses don’t reach a final separation agreement, they may present their cases in a hearing before a judge. At the end of the hearing, the court will order a separate maintenance decree setting out the terms of the separation. On the other hand, if the other spouse counterclaims for divorce, the case will go to trial for divorce. If the court finds that there has been an irretrievable breakdown of the marriage, the court will enter a judgment of divorce rather than separation.

Divorce and separate maintenance are quite similar in Michigan. Apart from the difference in your official marital status, divorce and separate maintenance involve the same:

Legal issues: child custody and parenting time, child support, property division, spousal support

Filing process: one spouse files a complaint and serves it on the other, who files an answer

Filing fees: $175 base fee, plus $80 for cases involving child custody and parenting time or $40 for cases involving child support only

Resolution mechanisms: negotiation, mediation, FOC, litigation

Ultimately, the decision to pursue one or the other generally depends on whether you want to remain legally married or not.&nbsp;

If you have questions about whether and how to move forward, consider speaking with a Michigan divorce attorney.&nbsp; An experienced family law and divorce lawyer may help you better understand the differences between divorce and separate maintenance and discuss and identify your goals to determine which option may be most appropriate for your situation. Then, once you’ve determined the best path forward, an attorney may help you prepare your court filings, negotiate a potential settlement agreement with your spouse and litigate your claims in court if an amicable resolution isn’t feasible.&nbsp;

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The “first right of refusal” in custody cases requires a parent to offer the other parent the opportunity to care for their child before seeking alternative arrangements. This clause promotes shared parenting, cooperation, and stability in the child’s life.

What is the first right of refusal in custody arrangements?

The “first right of refusal” in custody cases, also referred to as the right of first refusal, refers to a specific type of stipulation in a child custody arrangement. A first right of refusal clause requires a parent who is unable to care for their child during their <a href="https://www.marble.co/blog/family/child-custody/custody-schedules-by-age" rel="noopener noreferrer" target="_blank">scheduled parenting time</a> to first offer the other parent the opportunity and ability to temporarily care for their child before making other arrangements.&nbsp; This article dives deep into first right of refusal provisions in the context of child custody cases. It explains what first right of refusal clauses are, how they work, their advantages and disadvantages and limitations you may want to consider including before finalizing your custody arrangement.&nbsp;

Understanding the first right of refusal in custody cases

The first right of refusal is an important right in the context of <a href="https://www.marble.co/blog/family/child-custody/legal-custody-vs-physical-custody" rel="noopener noreferrer" target="_blank">child custody</a> cases. Essentially, if one parent is unable to fulfill their regularly scheduled parenting time due to unanticipated work commitments, illness or other reasons, they can’t simply hire a babysitter or leave the child with a friend or family member. Instead, they must first contact the other parent to give them the opportunity to care for the child. Only if the other parent can’t watch the child may the first parent then seek alternative arrangements.&nbsp; Notably, a first right of refusal isn’t an automatic right in every child custody case. Instead, the parties must agree to include such a clause in their custody agreement, or one or both parties must make a request to the court to add such a term to the final custody order.&nbsp;

How it works: Right of first refusal custody example

Let’s say that Parent A and Parent B are divorced and share joint custody of their child. As part of their custody agreement, they included a right of first refusal provision. It states that if either parent is unable to care for their child during their scheduled parenting time for a period of four or more consecutive hours, they must first offer the other parent the opportunity to care for the child prior to making alternative childcare arrangements.&nbsp; One weekend, Parent A is scheduled to have parenting time with their child. However, they receive a last-minute work assignment that requires them to travel out of town for the entire weekend. Under the right of first refusal provision, Parent A must contact Parent B and offer them the opportunity to care for their child while Parent A is away.&nbsp; If Parent B agrees, they’ll care for their child until Parent A returns. However, if Parent B has prior commitments and declines, Parent A may then make alternative arrangements. This could include having a trusted family member or babysitter care for their child for the weekend.&nbsp; Now say Parent A has to pick up an unanticipated two-hour shift for work during that weekend. The right of first refusal provision in their custody arrangement applies only to periods of time exceeding four hours. So in this situation, Parent A isn’t required to contact Parent B before seeking alternative arrangements.&nbsp;

Advantages and disadvantages of right of first refusal in custody arrangements

There are upsides and downsides to weigh when determining if you should include a first right of refusal clause in your custody agreement.

Possible advantages of agreeing on a first right of refusal clause may include:&nbsp;

Promotes shared parenting, cooperation and open communication between parents regarding their availability and childcare needs

Reduces conflict and disagreements by establishing clear guidelines for sharing caregiving responsibilities

Helps maintain consistency and stability in the child’s life by ensuring that they’re cared for by a parent, where possible

Disadvantages of right of first refusal clauses in custody arrangements

Although there are advantages of first right of refusal clauses, there are also disadvantages that may arise in certain situations. Examples include:&nbsp;

Potential for disagreements or misunderstandings where the terms of the right of first refusal provision are vague or unclear

Logistical challenges in coordinating and managing schedules to accommodate a parent’s request to cover childcare on short notice

May require additional communication and interaction between parents who otherwise might prefer to limit contact with each other

Potential for conflict if one parent feels that the other isn’t honoring the right of first refusal clause

Potential limitations to incorporate into your first right of refusal custody clause

If you choose to include a first right of refusal clause in your custody agreement, you may wish to consider adding certain limitations. Doing so may help reduce conflict and ensure that the clause is clear, practical and effective for the parents moving forward.&nbsp; Below are some potential limitations you may want to incorporate:&nbsp;

Time limitations: Specifying a minimum duration of unavailability before a first right of refusal must be provided to the other parent may help prevent the clause from being used for short absences where alternative childcare arrangements may be more convenient.

Notification requirements: Including a notification requirement may help ensure that the party making the request for childcare coverage has sufficient time to make alternative arrangements if the other parent is also unavailable. It may also ensure that the other parent has prompt and reasonable notice to cover childcare if they’re available.

Emergency situations: Some arrangements may specify that the first right of refusal doesn’t apply in certain emergency situations that would require immediate childcare where following the first right of refusal would be impractical.

Designated third-party caregivers: Consider specifying if there are certain caregivers you may elect to use without offering the right of first refusal. For example, you might want to specify that you don’t need to offer the right if a stepparent or grandparent is available to provide care.

Frequency limitations: Including limitations on the frequency with which a parent may use the right of first refusal in a given time period may help prevent disruptions in parenting schedules caused by the clause being abused or used excessively.

Most states follow the “best interest of the child” standard when it comes to child custody matters. Under this standard, a court will only include a first right of refusal clause in a custody order if it determines that doing so would be in the best interest of the child.&nbsp; However, state law varies with respect to what may be included in right of first refusal provisions and the enforceability and interpretation of such provisions. You better understand your state law, you may wish to discuss your right of first refusal custody matter with a licensed attorney in your state.&nbsp;

An experienced attorney may help you draft and negotiate the terms of your first right of refusal clause with your child’s other parent. They can also argue your request for such a provision in court if you and your spouse are unable to mutually agree on one. And they can help you enforce such a provision if your child’s other parent refuses to comply with the terms of an existing arrangement.&nbsp;

In recent years, there has been a growing emphasis on shared parenting arrangements, with many courts advocating for equal custody between parents. One of the most common arrangements is known as “50/50 custody,” where both parents share equal time and responsibility for their children after divorce or separation. In this article, we’ll explain the concept.

Understanding 50/50 Custody Arrangements: What You Need to Know

In recent years, there has been a growing emphasis on shared parenting arrangements, with many courts advocating for equal custody between parents. One of the most common arrangements is known as “50/50 custody,” where both parents share equal time and responsibility for their children after divorce or separation. In this article, we’ll explain the concept of 50/50 custody and explore how it works. We’ll also discuss its benefits and challenges and considerations for parents navigating this arrangement.

50/50 custody, legally referred to as joint physical custody (as opposed to joint legal custody), is a custody arrangement in which both parents share equal time with their children. Under this arrangement, the children split their time evenly between each parent’s home. This arrangement aims to provide children with frequent and substantial contact with both parents, allowing them to maintain strong relationships with each parent following divorce or separation.

In a 50/50 custody arrangement, parents often work together to create a parenting plan that outlines the specific schedule for when the children will be with each parent. This can include alternating weeks, splitting weeks, or other arrangements that ensure the child has substantial and ongoing contact with both parents. Parents may also divide holidays, school breaks, and other significant events evenly to ensure that both parents have meaningful time with their children. However, when parents cannot reach an agreement on their own, the court may intervene and decide on the custody arrangement based on what it deems to be in the best interest of the child. In some cases, this could end up being 50/50 custody.

50/50 custody offers a balanced approach to post-divorce parenting, aiming to preserve the child’s strong and active relationship with both parents. The following are some of the primary benefits of this arrangement:

Equal Parental Involvement: 50/50 custody allows both parents to play an active role in their children’s lives, fostering a sense of shared responsibility and involvement in parenting decisions.

Stability for Children: Maintaining regular contact with both parents can provide children with a sense of stability and security, minimizing the disruption caused by divorce or separation.

Reduced Conflict: By sharing parenting responsibilities equally, 50/50 custody arrangements may help reduce conflict between parents and promote cooperation in co-parenting.

Flexibility: 50/50 custody arrangements offer flexibility for both parents, allowing them to balance work, personal, and parenting responsibilities more effectively.

Balanced Responsibilities: Parents equally share child-rearing duties, from homework help to comforting nighttime fears, ensuring a fair division of labor.

Ultimately, 50/50 custody can foster a nurturing environment where children are able to thrive under the equitable care and support of both parents.

While 50/50 custody aims to provide a balanced parenting approach, it also presents unique challenges that families must navigate, including:

Logistics: Coordinating schedules and logistics in a 50/50 custody arrangement can be challenging, especially if parents live far apart or have demanding work schedules.

Communication: Effective communication between parents is essential for the success of a 50/50 custody arrangement. Disagreements or miscommunication can lead to tension and conflict, which can ultimately impact the children’s well-being.

Adjustment Period: Children may need time to adjust to the frequent transitions between parents’ homes in a 50/50 custody arrangement, particularly if they are young or when the arrangement is new.

Consistency: Maintaining consistent rules, routines, and expectations across both households can be challenging in a 50/50 custody arrangement, requiring ongoing communication and cooperation between parents.

Conflict Resolution: Disputes over parenting decisions or scheduling issues may arise in a 50/50 custody arrangement, requiring parents to find constructive ways to resolve conflicts and prioritize the children’s best interests.

Despite these hurdles, families can thrive in a 50/50 custody environment with determination, mutual respect, and a well-coordinated effort from both parents.

Practical Tips for Parents Navigating 50/50 Custody

Navigating the complexities of a 50/50 custody arrangement can be challenging; here are some practical tips designed to assist parents in successfully managing shared custody:

Establish a Comprehensive Parenting Plan: Go a step further than simply deciding on 50/50 custody: create a detailed parenting plan that covers daily routines, education, healthcare, and communication guidelines. This plan should be flexible enough to accommodate changes and growth in the child’s needs over time.

Use Apps for Better Organization: Leverage technology by using apps to manage schedules, share important documents, and communicate effectively about the child’s needs, activities, and appointments.

Prioritize Open and Respectful Communication: Commit to open, honest, and respectful communication with your co-parent. Regular check-ins and discussions about the child’s progress and needs can prevent misunderstandings.

Plan Transitions Carefully: Make transitions between homes as smooth as possible. Develop a routine for exchanges that minimizes stress for everyone, especially the child.

Support Your Child’s Emotional Needs: Recognize that children may have mixed emotions about moving between homes. Encourage open discussions about their feelings and reassure them of both parents’ love and support.

Manage Your Own Emotional Health: Take care of your emotional well-being by seeking support from friends, family, or professionals. This ensures you are emotionally available and strong for your child.

By following these practical tips, parents can create a supportive and effective 50/50 custody arrangement that prioritizes their child’s well-being and strengthens their co-parenting partnership.

Contact a Lawyer For Assistance With Custody Matters

50/50 custody arrangements offer many benefits for both children and parents, providing equal parental involvement, stability, and reduced conflict. However, navigating a 50/50 custody arrangement requires cooperation, communication, and a commitment to prioritizing the children’s needs above all else.&nbsp; While navigating the complexities of 50/50 custody, the involvement of a lawyer can be valuable. Legal expertise can facilitate smoother negotiations, ensure the protection of parental rights, and offer invaluable guidance in resolving disputes.&nbsp; By working together and seeking professional support when needed, parents can successfully navigate the challenges of 50/50 custody and provide their children with the love, support, and stability they need to thrive after divorce or separation.

If you’re considering getting divorced, here are some questions that can help you determine what divorce lawyer is right for you. 

Essential Questions to Ask a Divorce Lawyer: A Comprehensive Guide

Choosing the right divorce lawyer is crucial when navigating the complexities of ending a marriage. Whether you’re contemplating divorce or have already initiated the process, having a knowledgeable and experienced attorney by your side can make a significant difference in achieving a favorable outcome.&nbsp; To ensure you find the right legal representation, it’s essential to ask the right questions during your initial consultation. In this article, we’ll discuss the key questions to ask a divorce lawyer to help you make an informed decision.

What is Your Experience with Divorce Cases?

Understanding your lawyer’s experience with divorce cases is essential. Inquire about their years of practice, their caseload of similar cases, and their success rate in achieving favorable outcomes for their clients. An attorney with extensive experience in divorce law is likely to anticipate challenges and effectively navigate the legal process on your behalf.

What Approach Do You Take to Divorce Cases?

Every divorce case is unique, and the approach taken by your lawyer can significantly impact the outcome. Ask about their approach to divorce cases, whether they prioritize negotiation and settlement or are prepared to litigate in court if necessary. An attorney who is skilled in negotiation but also prepared to advocate aggressively in court can provide you with the best possible representation.

A knowledgeable divorce lawyer will explain your legal rights and options based on your individual circumstances. Ask about the various options available for resolving your divorce, such as mediation, collaborative divorce, or traditional litigation. Understanding your options can help you make informed decisions about how to proceed.

What is the Likely Timeline for My Divorce?

The timeline for divorce varies depending on the specifics of the case. The most common factors that affect this timeline include the complexity of the issues involved and the level of cooperation between you and your spouse. Ask your lawyer for an estimate of how long your divorce is likely to take and what steps will be involved in the process. While they won’t be able to give you a definitive answer, they should be able to give you an idea of what to anticipate. Having realistic expectations about the timeline can help you plan accordingly.

Divorce can be expensive, so it’s essential to have a clear understanding of the potential costs involved in your case. Ask your lawyer about their fee structure, including their hourly rate, retainer fees, and any additional expenses you may incur. Also inquire about ways to minimize costs, such as resolving issues through mediation or negotiation rather than litigation.

How Will You Communicate with Me Throughout the Process?

Effective communication is key to a successful attorney-client relationship. Ask your lawyer how they will communicate with you throughout the divorce process and how often you can expect to receive updates on your case. Clarifying expectations for communication can help ensure that you stay informed and involved in the decision-making process.

How Will You Handle Child Custody and Support Issues?

If you have children, child custody and support will be among the most critical matters in your divorce. Ask your lawyer about their approach to handling these issues and how they will advocate for your rights as a parent. Inquire about their experience with child custody evaluations, parenting plans, and child support calculations to ensure that your children’s best interests are protected.

What is Your Strategy for Division of Assets and Debts?

Dividing assets and debts can be one of the most contentious aspects of divorce. Ask your lawyer about their strategy for achieving a fair and equitable division of marital property, including assets such as real estate, retirement accounts, and business interests. Understanding how your lawyer plans to approach property division can help alleviate concerns about financial security.

How Do You Handle High-Conflict Divorce Cases?

If your divorce involves high levels of conflict, it’s crucial to choose a lawyer who is experienced in handling these types of cases. Ask your lawyer how they approach contentious&nbsp; divorce cases and what strategies they employ to mitigate conflict and advocate for their clients’ interests effectively.

Can You Provide References or Client Testimonials?

Finally, ask your lawyer if they can provide references or client testimonials from past clients. Hearing from other clients about their experiences working with the lawyer can give you valuable insight into what to expect and help you feel confident in your decision to hire them.

Conventional wisdom says that working with a legal professional is the best way to increase the likelihood that you are satisfied with the outcome of your divorce. We surveyed approximately 280 divorced couples who worked with lawyers on their cases, and our data reflects this belief:

33% of the respondents hired a lawyer because they didn’t feel comfortable without one

25% did so because they wanted to get the best outcome for their case

24% said that they thought it would make things easier

Data from other survey sources also show that one of the benefits of working with an attorney is positive case outcomes, especially in more complicated cases that involve issues like spousal support and child custody. For example, one survey looked at custody cases where both parties had an attorney, one party had an attorney or neither party had an attorney. When both parties had an attorney, 74% were “extremely” or “moderately” satisfied with the outcome, whereas only 59% of people who didn’t work with an attorney reported the same levels of satisfaction. Another empirical study measured the benefits of working with a lawyer when seeking spousal support. Spousal support was awarded in more than 77% of cases where both the husband and wife had an attorney, but when neither spouse had an attorney, that percentage dropped to 10%. The fourth reason our survey respondents hired a lawyer was because their spouse already had one. Many people in this situation fear that if they don’t also have an attorney, their spouse will get an unfair advantage when it comes to dividing assets, child custody and more. There’s data to back this up too. The spousal support study showed that support was awarded in only 12% of cases when one party had a lawyer, versus 77% of cases when both parties had counsel. And in the custody survey, when both parties had lawyers, 86% of cases settled out of court, but when only one party had a lawyer, 63% of cases settled.

Benefits of working with a divorce attorney

While the upfront price of hiring an attorney appears to <a href="https://www.marble.co/blog/family/divorce/cheapest-way-to-get-divorced" rel="noopener noreferrer" target="_blank">cost more than self-representation</a>, those who represent themselves and don’t have any legal training can make mistakes that end up costing them time and money. Self-represented parties can struggle to correctly read complicated legal documents and complete accurate financial disclosure forms, and they don’t have an attorney’s strategic insight about how the legal system works.&nbsp; If you’re dealing with a sensitive divorce that involves a restraining order or domestic abuse, working with an attorney may increase your psychological sense of safety. Furthermore, if your case goes to court, it may help reduce the emotional burden if your lawyer can speak to your former partner on your behalf rather than you dealing with them.

When do you not need to work with a lawyer?

If your case is uncomplicated, <a href="https://www.marble.co/blog/family/divorce/diy-divorce" rel="noopener noreferrer" target="_blank">you may not need to proceed with a divorce lawyer</a>. If you don’t have children or significant assets and are on good terms with your spouse, you may be able to file on your own. Still, you still need to complete and file all necessary documents required to obtain a divorce, as well as attend court hearings, so hiring an attorney can help ensure that you do everything correctly and understand the process and procedures. Additionally, if you have children under 18, if one of you earns significantly more income than the other, if one of you is seeking spousal maintenance or child support, or if the marriage lasted a long time and assets feel almost inextricably bound, you’ll likely benefit from hiring professional representation for all of the reasons listed above.

Choosing the right divorce lawyer is a critical step in the divorce process. By asking the right questions during your initial consultation, you can ensure that you find a lawyer who is experienced, knowledgeable, and compatible with your needs and goals. With the guidance of a skilled divorce lawyer, you can navigate the complexities of divorce with confidence and achieve the best possible outcome for your future.

Many of us believe that the status and health of a marriage are personal and private matters for each couple. However, divorce and dissolution of marriage records are public documents in a large number of states.  This may be an unpleasant reality for many divorcing couples, but they aren’t without recourse. If you have concerns.

Are divorce records public information?

Many of us believe that the status and health of a marriage are personal and private matters for each couple. However, divorce and dissolution of marriage records are public documents in a large number of states.&nbsp; This may be an unpleasant reality for many divorcing couples, but they aren’t without recourse. If you have concerns about whether the public can access any of your divorce records, you can typically take steps to make at least some, if not all, your records private.&nbsp; To answer the question, “Are divorce records public?”, this article explains the laws in different states about accessing records. It also discusses ways you may be able to prevent others from obtaining information about your divorce case.

Making divorce records available to the public is the norm and default in many states. Still, not every state allows access to these records, and sometimes the access is limited.&nbsp; Some states—such as Alaska, Arkansas, Hawaii, Idaho and Oregon—restrict non-party access to divorce records. Some of these states may prohibit public access to divorce information for several decades. Once the time limit expires, the records become public.&nbsp; In many states that do allow public access to divorce records, only certain records may be obtained. For instance, anyone who wants to see a couple’s divorce records in Delaware or New York can see only a copy of the divorce decree or certificate of divorce. Only someone who is a party to the divorce or an attorney who represented a party in the divorce may obtain additional divorce information. Understand as well that multiple courts don’t allow the public to see divorce records regarding:&nbsp;

In addition to these restrictions, some states don’t allow remote public access to divorce information. In these cases, the requester may have to go to the courthouse or agency building to obtain or inspect family law records.&nbsp; If you have questions about what divorce court records are available to the public in your state, contact the clerk in the county court where you divorced or the vital records agency in the state where you ended your marriage.

How easy is it for the public to obtain a divorce record?

Depending on where you reside, the process for obtaining a divorce record may be relatively simple. In many cases, record seekers may access divorce information through one of the following:&nbsp;

Is it possible to receive disability and alimony at the same time?

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