Firm News | TJC.ESQ https://www.tjcesq.com FindLaw IM Template Thu, 03 Dec 2020 10:38:20 +0000 en-US hourly 1 https://wordpress.org/?v=5.3.1 /wp-content/uploads/sites/1301678/2020/11/cropped-tjc-site-icon-32x32.png Firm News | TJC.ESQ https://www.tjcesq.com 32 32 There are things you can do to reduce complication during divorce https://www.tjcesq.com/blog/2020/02/there-are-things-you-can-do-to-reduce-complication-during-divorce/ https://www.tjcesq.com/blog/2020/02/there-are-things-you-can-do-to-reduce-complication-during-divorce/#respond Tue, 25 Feb 2020 09:31:33 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/02/there-are-things-you-can-do-to-reduce-complication-during-divorce/ Divorce is a complicated process for every member of the family. You may have to move, your relationship with your children may change and you will have to make financial adjustments. It’s stressful and emotionally challenging, especially as you consider that you will have to co-parent with your spouse once this process is final.

Thankfully, you can do some simple things to ease the difficulty of divorce. While divorce is never easy, it is possible to walk through it with a perspective that allows you to see the end goal clearly and pursue a final order that is reasonable and sustainable for years to come. This is especially important as you seek to provide stability and security for your children.

A better way to divorce

When people think about divorce, they may picture a couple fighting in a courtroom, shouting at each other over who gets the kids over the summer break or who will get to keep a certain asset. While many divorces are highly contentious and difficult, it doesn’t have to that way. You can find a better way to divorce and more peace of mind during this time of change and transition by implementing the following things:

  • You can make custody matters easier when you allow your kids to have a good relationship with the other parent. This is good for your kids, but it also helps to remember that parenting is not a competition.
  • Avoid speaking negatively about the other parent in front of the kids. Showing mutual respect is important, and it can be harmful for the kids to witness parents tearing each other down.
  • Working together on a divorce order can save you time and money. By avoiding litigation, you can finalize the process faster and maintain a relationship with your co-parent that is respectful and cooperative.
  • Your marriage was unique, and your divorce can be, too. You have the right to negotiate terms that are suited to the individual needs of your family. This can lead to a final order that makes the most sense for you.

Your divorce will bring significant changes to your life, and it’s not always a simple process to make adjustments and move forward. With these tips and the right perspective on your divorce, you can design a final divorce settlement that allows you to look to the future with confidence. Even when negotiating terms and avoiding litigation, you will most likely greatly benefit from working closely with an experienced Rhode Island family law attorney regarding the protection of your rights and best interests.

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Is your Connecticut co-parent turning your kids against you? https://www.tjcesq.com/blog/2020/02/is-your-connecticut-co-parent-turning-your-kids-against-you/ https://www.tjcesq.com/blog/2020/02/is-your-connecticut-co-parent-turning-your-kids-against-you/#respond Fri, 21 Feb 2020 18:51:34 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/02/is-your-connecticut-co-parent-turning-your-kids-against-you/ If you are one of many Connecticut parents who recently filed for divorce, you might also be among those who are struggling to resolve child custody issues. When you decided to end your marriage in court, you no doubt expected the decision would have a significant impact on your children’s lives. What you might not have expected, however, was that your ex would systematically try to turn your kids against you.

Parental alienation is a serious problem in many child custody cases. It’s understandable you’d feel hurt and betrayed if the person you were once married to intentionally tried to impede your parent/child relationships. It’s critical that you have a clear understanding of your parental rights and that you know what to do to protect them.

The court has children’s best interests in mind

Regarding child custody, the Connecticut family court judge overseeing your case wants what is best for your kids. When you and your ex don’t agree on child-related issues, the court can intervene to make decisions. The court would also be greatly concerned if you were to show evidence that your co-parent is carrying out a parental alienation scheme.

Signs of alienation

Children often show signs of sadness or anger when their parents divorce. However, if you believe your kids are showing malice toward you or refusing to even speak to you, there might be more to it than natural child reactions to divorce. Someone might be filling their heads with lies about you. That someone might be your former spouse.

If your co-parent is constantly speaking negatively about you or is refusing to transfer custody at the agreed-upon place and time, you might have a parental alienation problem on your hands. Passive-aggressive comments, such as, “Your mom/dad is never on time because he/she doesn’t really care about you,” are red flag behaviors that suggest your co-parent may be trying to alienate your kids from you. 

Aggressive alienation

Do you suspect that your ex is trying to spark fear in your children? If they suddenly seem nervous in your presence or are acting afraid to go places with you, you are wise to discuss the issue. Some parents tell their kids falsehoods to make them think being with their other parent will be a detriment to their safety.

The court knows how to discern

It’s a fact that a Connecticut court will sometimes restrict or prohibit a parent’s time with his or her children. If there’s evidence that a child’s safety or health is at risk, the court may deem such a decision necessary to protect the child’s best interests. However, lying about you to keep your kids from you as an act of revenge in divorce is a whole other issue.

The court will want to see evidence of any allegation you make against your ex regarding parental alienation. Do your homework if you plan to head to court. Know how to build as strong of a case as possible to stop your ex from undermining your parental rights.

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The many ways a car accident can change your life https://www.tjcesq.com/blog/2020/02/the-many-ways-a-car-accident-can-change-your-life/ https://www.tjcesq.com/blog/2020/02/the-many-ways-a-car-accident-can-change-your-life/#respond Tue, 04 Feb 2020 09:21:34 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/02/the-many-ways-a-car-accident-can-change-your-life/ There are many ways a car accident can change your life. In an instant, you may find yourself dealing with serious injuries and damage to your personal property that can be quite significant. The aftermath of a car accident can be overwhelming physically, financially and emotionally, even if your injuries are not traumatic or the damage is minor.

Every accident is different, and every person will experience different things after a crash. If you are a victim of a motor vehicle collision, you may find it helpful to learn more about the different types of injuries and what you can expect from recovery. If you do have grounds to pursue compensation through a civil claim, you can seek appropriate compensation that will allow you address your recovery needs and secure what you need to move forward.

Most common types of injuries

Car accident injuries range in type and severity. What may be a minor injury can still have a major impact on your life, causing you to experience difficulties in virtually every area. It is in your interests to take your injuries and your recovery seriously. Some of the most common car accident injuries include:

  • Injuries to the neck are common in car accidents, particularly whiplash. These injuries can lead to a lengthy and difficult recovery, including ongoing pain, headaches and more.
  • Head injuries are a common accident injury, ranging from minor concussions to traumatic brain injuries that cause permanent damage. In some cases, a person may never fully recover from a head injury.
  • Back injuries are another common car accident injury. Damage to the spine can lead to paralysis and permanent loss of sensation or movement. Temporary loss of movement is also possible.

Your experience with your car accident injuries will be unique to you. You have the right to fight for the support and care necessary to restore your quality of life and help you start putting the pieces back together.

What is next?

You may not be sure of what you need to do in the days and weeks following a car accident. It’s normal to feel overwhelmed and confused, but you do not have to figure it all out on your own. An assessment of your case with an experienced Rhode Island accident attorney can help you understand the legal options available to you. Seeking help promptly after an accident can be a prudent course of action as these types of cases and time sensitive.

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What are the benefits of drafting a postnuptial agreement? https://www.tjcesq.com/blog/2020/01/what-are-the-benefits-of-drafting-a-postnuptial-agreement/ https://www.tjcesq.com/blog/2020/01/what-are-the-benefits-of-drafting-a-postnuptial-agreement/#respond Thu, 23 Jan 2020 16:11:33 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2020/01/what-are-the-benefits-of-drafting-a-postnuptial-agreement/ When you married, you were not thinking about the potential for divorce. It’s also likely that you did not have the financial resources you have now, but years later, things have changed, and you are wondering if you need some type of legal protection. It may be too late to draft a prenuptial agreement, but there are still options available to you. 

A postnuptial agreement works in the same way as a prenuptial agreement, but you draft and sign this document after the marriage has already taken place. Couples of all income levels and financial goals can benefit from this type of agreement, and it may be in your interests to consider this step. Like other types of legal contracts, you will want to take the time to ensure it is carefully drafted and legally enforceable.

Do you need it?

A postnuptial agreement can offer benefits to Rhode Island couples of virtually any income level, but it is not necessary for everyone. You may want to draft this type of marital contract if any of the following apply to you: 

  • Your financial circumstances have changed dramatically since you married.
  • One spouse received an inheritance and wants to maintain it as separate property.
  • One or both spouses started a successful small business they would like to protect.
  • You have children from a previous marriage, and you want to protect their interests.
  • One or both spouses want clarity on separate and marital assets to reduce the chance of conflict.
  • There has been a significant accumulation of debt by one party since the marriage. 

Your consideration of a postnuptial agreement may not be because you are now significantly wealthier than you were when you married. It could be because you now see the benefits of making sure you have the right types of legal protection in place in case of a divorce. No one can predict the future, but with this contract, you will be able to move forward with confidence.

Think long-term

The time to think about a postnuptial agreement is not when you need it, but well before that point. You may never have to rely on the terms included in the contract, but it is still crucial that you think long-term about the potential impact this agreement could have on your life.

Before you draft or sign a contract, you may find it beneficial to discuss your concerns with an experienced family law attorney. This guidance can be invaluable as you consider your legal options.

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Co-parenting in divorce: Work as a team to help kids cope https://www.tjcesq.com/blog/2019/12/co-parenting-in-divorce-work-as-a-team-to-help-kids-cope/ https://www.tjcesq.com/blog/2019/12/co-parenting-in-divorce-work-as-a-team-to-help-kids-cope/#respond Tue, 31 Dec 2019 09:51:33 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/12/co-parenting-in-divorce-work-as-a-team-to-help-kids-cope/ If you’re a parent in Connecticut who has filed for divorce and is planning to discuss the topic with your children, you might be feeling a bit stressed and anxious over the situation. You can take comfort in knowing that you are definitely not alone in your struggle, as many other parents throughout this state and across the country will also be navigating divorce proceedings as a new year unfolds.

While it’s true that such a decision will no doubt prompt numerous changes in children’s lives, it’s often possible to help them cope and move on in life in a healthy, productive way. Co-parenting is typically a key factor toward helping kids adapt to a post-divorce lifestyle.

Each child’s reaction might be unique

It’s a good idea if you and your ex can agree to sit down together and talk to your children so that your whole family is in one room when they learn that you are planning to divorce. You might notice that one child may feel more at ease in expressing his or her emotions than another.

While each of your kids will have his or her own way of dealing with the situation, it’s important to remember that most children fare best when they understand that their parents both still love them. They should also feel free to still show their love for both parents without either one getting upset.

Several ways children process emotions

It’s not uncommon for a child to become a bit more reclusive than usual or grow quiet when it comes to telling how he or she feels about life changes involving divorce. Other children might do the exact opposite and become aggressive in their behavior or show signs of anger toward their siblings or parents.

Some children are able to discuss their feelings in a calm, mature manner. By building a strong support network, you can help your kids cope, no matter what their initial reaction to the news of your pending divorce happens to be.

Parental conflict affects kids’ ability to cope

If your children witness you and your ex working together as a team to create a co-parenting arrangement that keeps their best interests in mind, chances are good that they will be able to successfully adapt to their new lifestyles. On the other hand, if your relationship with your ex is contentious, it can have a direct negative impact on your children’s ability to cope with your divorce.

There have been tests done that have shown that stress hormone levels skyrocket in children who are exposed to parental conflict, particularly in connection with a divorce. It’s not uncommon for parents to disagree about certain issues regarding their children, even for married couples. What matters most is how co-parents act when attempting to resolve such issues.

No need to go it alone

It’s understandable that you might not want to share details of your personal life, especially regarding divorce, with a lot of other people. However, it’s often helpful for families, particularly children, when others are on hand to provide encouragement, advice and support as they learn to adjust to a post-divorce family life.

Extended family members, licensed counselors, ministers, school faculty, close friends and legal advocates can all have key roles in helping you rise above any challenges or obstacles that arise as you and your children lay the groundwork for your new lifestyle.

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Divorcing in 2020? Keep these issues in mind https://www.tjcesq.com/blog/2019/12/divorcing-in-2020-keep-these-issues-in-mind/ https://www.tjcesq.com/blog/2019/12/divorcing-in-2020-keep-these-issues-in-mind/#respond Fri, 27 Dec 2019 16:41:33 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/12/divorcing-in-2020-keep-these-issues-in-mind/ It’s the time of year when many people are writing down (or, at least, forming thoughts about) their New Year’s resolutions. Do you have a list? Perhaps, your goals include getting outdoors on a more regular basis, eating healthier foods or reading for leisure more often. Then again, your resolution might be a bit more personal, such as moving on to a new lifestyle as a single person.

If you’re planning on filing for divorce in the new year, you’re definitely not the only one in this state or elsewhere to be making such plans. In fact, many people believe that a new year is a perfect time to make a new start in life. Whether you expect proceedings to be rather simple or highly complex, you’ll want to be as prepared as possible, which means you should set up a strong support network from the start.

Compile documents ahead of time

One thing you’ll want to avoid is walking into a courtroom with no idea about important issues, such as how much money you have in the bank, tax information and more. This is why it pays to gather pertinent documents ahead of time and carefully review them, so you have a clear understanding of your current financial status.

It’s equally important to know what your assets are and also each liability for which you may be responsible. You’ll want to make sure you have access to real estate documents, vehicle titles and any information regarding loans, as well as any existing court orders that stem from another case.

Creating a new budget

As you make plans to become a single-parent household, you’ll want to assess your estimated cost of living, so you know what to expect and what you need (financially speaking) to get by. This not only includes issues like home utilities, food and transportation but also other expenses, including education tuition and fees, pet care, health care and temporal needs such as food, clothing and shelter.

What about child support?

Especially if you have been a full-time, stay-at-home parent during marriage, you may be planning to request child support when you divorce. Every state has its own guidelines regarding such matters. A family court judge can typically order a higher or lower amount than the suggested guideline amount. 

The key factor here is that, once the court rules, both you and your ex must fully adhere to the terms of the court order, unless the judge modifies the order. Providing for your children’s financial needs is definitely a high priority issue, which is why it pays to do as much research ahead of time as you can so you can work toward a fair and satisfactory divorce settlement.

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These post-accident symptoms suggest brain injury https://www.tjcesq.com/blog/2019/12/these-post-accident-symptoms-suggest-brain-injury/ https://www.tjcesq.com/blog/2019/12/these-post-accident-symptoms-suggest-brain-injury/#respond Thu, 12 Dec 2019 07:01:34 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/12/these-post-accident-symptoms-suggest-brain-injury/ When you bear the full force of sudden impact in a Rhode Island automobile collision, there’s no telling what the disastrous consequences might be. The fact that you survived the incident is indeed something to rejoice about; however, just because you didn’t die doesn’t necessarily mean you have escaped unscathed. You might have suffered serious emotional trauma, especially if the collision occurred because of a drunk driver or driver negligence.

It’s common to suffer bruises, lacerations or whiplash from jolting around the vehicle and bumping up against hard surfaces during a collision. It’s important to closely monitor your condition in the weeks following the incident, even if your doctors released you from the hospital. Traumatic brain injuries and other internal injuries are not always immediately apparent.

Issues to watch for

If any of the symptoms on the following list should occur in the days or weeks after you were involved in a collision, it’s best to return to the hospital or your doctor’s office for further medical examination:

  • Facial discomfort or head pain
  • Difficulty walking straight
  • Vision impairment
  • Trouble speaking or forming coherent thoughts
  • Feeling confused or disoriented
  • Dizziness, nausea or vomiting
  • Trouble sleeping
  • Sudden mood swings
  • Memory problems

The human brain is an amazing organ; however, it is also susceptible to serious injury if you bear the force of sudden impact in a car accident, or if you are suddenly and violently shaken, such as what may happen if your head or neck jolts forward when struck by a vehicle from behind. Concussion is the most common form of brain trauma that car accident victims often experience. More serious brain injuries can cause permanent disability.

Achieving as full a recovery as possible

If you experience the symptoms mentioned earlier or other adverse health issues, it’s imperative, not only that you seek medical attention but that you inform your care provided that you were recently involved in an automobile collision. This will help medical workers provide more thorough treatment. A doctor will want to rule out various internal injuries or brain trauma if he or she knows you were in a wreck and are not feeling well.

Driving back and forth to doctor visits or physical therapy sessions gets expensive. Missing work during recovery may cause additional financial strain. Rhode Island law provides recourse for accident victims to seek compensation for damages, which helps many people alleviate the financial burdens associated with the incidents that caused their injuries.

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Drivers are taking distraction to a new level this holiday https://www.tjcesq.com/blog/2019/11/drivers-are-taking-distraction-to-a-new-level-this-holiday/ https://www.tjcesq.com/blog/2019/11/drivers-are-taking-distraction-to-a-new-level-this-holiday/#respond Tue, 26 Nov 2019 08:11:54 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/11/drivers-are-taking-distraction-to-a-new-level-this-holiday/ If you go to the mall or your favorite department store, you may not be surprised to see people shopping. After all, it is the season when holiday shoppers scurry to make their gift purchases, and it seems as if shoppers are in more of a hurry each year.

Where you may not expect to find a shopper is in the driver’s seat of the car that passes you on the highway as you travel. However, new research shows that this is where many Americans are making their holiday purchases. As risky as it may seem to read and send a text while driving, you can imagine how deadly it can be to make online purchases from behind the wheel of a moving vehicle.

They’re doing what?

The latest Harris Poll shows that more people are shopping online while driving than ever before. In fact, 39% of those surveyed admitted to using their mobile devices to shop as they drove. That is nearly two out of every five people in the country. Many spent time browsing for gifts, checking their order status, looking for deals or searching for the availability of an item. About one third made purchases while driving.

Other conditions may make this scene even more frightening. For example, a driver who has just gotten off work may already be tired and distracted, harried with holiday obligations and rushing to get home. Add to that the distraction of making an online purchase to cross one more item off the holiday list, and you may quickly become the victim of a catastrophic accident. In the past five years or so, almost 20,000 people have died in crashes where a driver was distracted.

Is it worth it?

Drivers may justify this reckless action by thinking about the savings, the convenience or other factors. They may not consider the safety of you, your family and others on the Connecticut highways. Unfortunately, too many drivers focus on their own instant gratification, making the roads a very dangerous place this shopping season.

You have certainly heard of the dangers of distracted driving, but this may raise many emotions, especially if you or a loved one recently suffered injuries in an accident with a distracted driver. You may wish to obtain the services of an attorney with the resources to investigate whether the driver of the other vehicle was shopping online at the time of the accident. This could be an important factor in your pursuit of fair compensation for your injuries.

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The important financial decisions you’ll make during your divorce https://www.tjcesq.com/blog/2019/11/the-important-financial-decisions-youll-make-during-your-divorce/ https://www.tjcesq.com/blog/2019/11/the-important-financial-decisions-youll-make-during-your-divorce/#respond Wed, 06 Nov 2019 16:41:33 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/11/the-important-financial-decisions-youll-make-during-your-divorce/ Making the choice to file for divorce is not easy, even if you are no longer in a place where you want to remain with your partner for the rest of your life. The decision to divorce can be emotional and stressful, especially when you think about the ways it can impact your financial future. One thing you may want to do is take steps to protect your long-term interests – even from the earliest stages of the divorce process.

Thinking ahead can help you make decisions that will allow you to have a strong future. The goal of your divorce order is not to secure terms that allow you to get revenge on your spouse, but it is provide you with what you need for security and stability. The choices you make matter, and it will benefit you tremendously to keep your focus on what is truly important.

Your interests come first

No matter how amicable you and your spouse will be during your divorce, it is still in your interests to make sure you are protecting yourself. This means ensuring you have access to the right accounts, changing your passwords, resetting your PIN numbers and accounting for all of your assets. You can do these things even if you have not filed yet. 

Think long term

It’s easy to get caught up in the emotions of a divorce. You may feel sad, overwhelmed or even mad about your situation, but this will not always be how you feel. This is why it is beneficial not to allow your temporary emotions to dictate how you make decisions during this process. The key is to keep your eyes on what makes the most sense long term

You will also want to carefully consider what assets you believe you may want to retain. In many cases, it can actually be more expensive to keep a valuable asset because of maintenance, upkeep and taxes. This is something to keep in mind if you are determined to stay in the family home or keep something else that may not be ideal in the future.

Guidance at every step 

Even if you have yet to file, you will find it beneficial to speak with a Rhode Island attorney about ways you can start working to protect your interests during your divorce. This will allow you make smart choices and move forward with confidence. Things may seem difficult or even bleak now, but with the right help, you can secure terms that will allow you to have a strong and prosperous future.

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People don’t always divorce for the usual reason https://www.tjcesq.com/blog/2019/10/people-dont-always-divorce-for-the-usual-reason/ https://www.tjcesq.com/blog/2019/10/people-dont-always-divorce-for-the-usual-reason/#respond Fri, 25 Oct 2019 10:01:35 +0000 https://3160962.findlaw3.flsitebuilder.com/blog/2019/10/people-dont-always-divorce-for-the-usual-reason/ You can say certain things about divorce that most people in Connecticut would agree with, such as it is a life-changing event or that it is often stressful. However, there is really no such thing as a typical marital break-up because no two married couples are exactly the same. In fact, sometimes the reasons people have for deciding to end their marriages in court are anything but common.

Perhaps you’re considering divorce at this time and you’re worried that your reasons for wanting to move on in life might sound a bit outlandish to some. The fact is, what your friends, co-workers or others think isn’t the priority. You don’t have to explain yourself to anyone. What’s most important is building a strong support network from the start and knowing what steps to take to help accomplish your goals.

Believe it or not

The following list includes actual reasons some couples in the past decided to file for divorce that you may or may not think are a bit out of the ordinary:

  • There was a man who built a wall in his home. He later tore it down because it was dirty, and that apparently led his wife to file for divorce because she was tired of her husband obsessing over housework and cleanliness.
  • Would you think it was rather extraordinary if a spouse filed for divorce because of the other spouse’s selection for a presidential candidate? A 22-year marriage ended for one couple when one of the spouses voted for Donald Trump and the other spouse didn’t approve.
  • One woman wanted to divorce her husband after more than 20 years of marriage after learning that he had secretly divorced her in another country, years earlier. She wanted to nullify the first divorce and file a new petition herself.
  • A man felt that his wife had deceived him by wearing cosmetics before they married. When he saw her without make-up after they had exchanged marriage vows, he filed for divorce.

Many people, perhaps including yourself, might think it cruel and unfair to divorce a person simply because that person looks different without make-up. That doesn’t make it any less legitimate if the proper steps are taken to navigate the process.

Your reasons are your reasons

If you’ve made a final decision to file a petition in a family court, you don’t have to worry about what others might think of your reasons. Whether you would rather be on your own than stay in an unhappy marriage or wish to start fresh because you and your spouse have drifted apart, a key to accomplishing your goals is to take one step at a time and reach out for support as needed.

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