Cohabitation - Has Responsibilities

So you are in a relationship and make the decision to cohabitate – believe it or not there’s some pretty important guidelines that one should know before making this move.  Although cohabitation may be appealing to you and your partner, before jumping into a lion’s den take time to study the family laws in you State concerning cohabitation.

It’s important to have a discussion about the financial responsibility of each party.  Who’s going to pay rent, utilities and other costs?  Many make the mistake of jumping into this type of relationship without considering what happens, if and when there is a parting of the ways.   

Don’t throw all of your money in one pot with the idea of living happily ever after.  Be a good book keeper and maintain a written record of all expenses or major purchases that you make. If buying a house together both names should appear on the contract as buyers – the same with a car if both parties are paying for it. 

A written agreement is a good idea because it gives both parties some legal protection.  Decide what the financial obligations are of each party - write them down and keep a copy of said agreement. This type of arrangement actually protects both parties if in the future there is a separation.

When there are children from this relationship – both parents are responsible for caring and supporting the child or children.  Not being married doesn’t give you a free “not responsible” for children card.

When loaning money it’s best to write a check along with a note on how the loan will be repaid – handing out cash isn’t a good idea – you need a record showing the amount and date of the loan.

Best advice when cohabitating is this - protect yourself by keeping accurate records. If you decide to stay at home and care for the children, consider yet another written agreement that shows the other partner’s legal responsibilities in the event the relationship ends.

Beware of a palimony lawsuit – don’t pretend to be Mr. and Mrs. “Jones” when out in the public eye.  A joint checking account is definitely a “NO No.”  If you’re the one making major purchases and paying for them don’t put the other partners name on the title or contract.

Cohabitation sounds like a neat, easy way to live one’s life, but with this type of arrangement comes many responsibilities.  Neither party gets a free ride here! The family laws in your State will give you good guidelines before making a final decision about cohabitating. 

As Always,

www.caseboss.com

Little Tboca

Are You a Victim of Domestic Violence?

Are you a victim of domestic violence?  This doesn’t just refer to married couples and no longer is just referred to as “wife abuse.”  Domestic violence encompasses many different types of relationships – it could be a friend, roommate, cohabitants or children.  This type of abuse can be against anyone and is definitely a critical problem in our United States - in fact one of the bigger problems existing in our Nation.

There are many different forms of abuse where one person is trying to control another person thru intimidation, physical or emotional abuse.  Other actions considered abusive would include sexual abuse, stalking, threats etc…

Many people who are suffering from domestic violence aren’t really sure if they are a victim of abuse or not so it’s very important to study and learn what constitutes domestic violence. States vary in their domestic violence laws, so it’s best to consult with an attorney or counselor and study your States laws on this type of abuse.

 Actually at times the abuser doesn’t realize that what they’re doing to another person is abuse.

Friends and family are sometimes the first people to realize that a loved one is being abused.  It is a very difficult conversation to have with a friend or family member that they are in fact a victim of abuse.  Sometimes a spouse is aware of abusive behavior of their partner against the couple children, but they are slow to intervene and some even are in denial. 

Some abusive behavior that can be sugar coated and hidden is when one person controls the purse strings making the other person totally dependent upon them.  Outsiders may not realize that this in fact is going on, because it happens in all walks of life including the poor and wealthy.

Emotional abuse is another severe problem and often occurs over a long period of time – the abuser is actually almost brainwashing the other person attacking them with verbal abuse and false accusations.  So often the abuser has gotten away with this devious behavior without being detected because the one being abused usually doesn’t share this with friends or family. 

 If there are children in the home, they may realize what is happening to a parent, but usually children don’t understand how to intervene and help a parent.

It’s a total myth that only a spouse can get a protective order – a person cohabitating can usually get a protective order (check with your State as the laws vary.)  Many states have laws that allow restraining orders against family members, roommate or other adult relationships etc...  

Domestic abuse runs rampant  in our United States. Don’t be or become a victim of an abuser – stop it immediately.  If you’re not sure what to do, ask for help –

As Always, 

www.caseboss.com

Little Tboca

Cohabitation - What's That???

So you are in a relationship and make the decision to cohabitate – believe it or not there’s some pretty important guidelines that one should know before making this move.  Although cohabitation may be appealing to you and your partner, before jumping into a lion’s den take time to study the family laws in you State concerning cohabitation.

It’s important to have a discussion about the financial responsibility of each party.  Who’s going to pay rent, utilities and other costs?  Many make the mistake of jumping into this type of relationship without considering what happens, if and when there is a parting of the ways.   

Don’t throw all of your money in one pot with the idea of living happily ever after.  Be a good book keeper and maintain a written record of all expenses or major purchases that you make. If buying a house together both names should appear on the contract as buyers – the same with a car if both parties are paying for it. 

A written agreement is a good idea because it gives both parties some legal protection.  Decide what the financial obligations are of each party - write them down and keep a copy of said agreement. This type of arrangement actually protects both parties if in the future there is a separation.

When there are children from this relationship – both parents are responsible for caring and supporting the child or children.  Not being married doesn’t give you a free “not responsible” for children card.

When loaning money it’s best to write a check along with a note on how the loan will be repaid – handing out cash isn’t a good idea – you need a record showing the amount and date of the loan.

Best advice when cohabitating is this - protect yourself by keeping accurate records. If you decide to stay at home and care for the children, consider yet another written agreement that shows the other partner’s legal responsibilities in the event the relationship ends.

Beware of a palimony lawsuit – don’t pretend to be Mr. and Mrs. “Jones” when out in the public eye.  A joint checking account is definitely a “NO No.”  If you’re the one making major purchases and paying for them don’t put the other partners name on the title or contract.

Cohabitation sounds like a neat, easy way to live one’s life, but with this type of arrangement comes many responsibilities.  Neither party gets a free ride here! The family laws in your State will give you good guidelines before making a final decision about cohabitating. 

As Always,

www.caseboss.com

Little Tboca

Divorce – Sole Custody of Children

Divorce law varies from state to state and so do divorce forms. Divorce decisions depend upon the type of relationship you have with other person.

Marriage and cohabitating are two entirely different lifestyles – divorce judges try to make child custody decisions based on the “best interest” of the children.

When couples cohabitate rather than marry, the family law judge in most states grant sole custody of the child or children to the mother, if she is deemed to be a good parent. There are exceptions to this sole custody law if the father can provide evidence that the mother is unstable or unable to function or perform the duties required of a parent.

When the mother isn’t in the home, has passed away or is in an institution the father is granted sole custody over grandparents, aunts, uncles or family friends. The exception to this rule is when the father is unable to provide a home for the children or suffers from chronic addictions, in an institution or has passed away. 

When deciding custody family law judges make final decisions based on the “best interests” of the children – usually the “best interests” of the children supersedes all other laws. A parent is considered to be a fit parent unless he or she is ruled unfit due to personal lifestyle or activities. 

Child custody remains one of the most contentious, heart breaking battles in family law courts. When a good parent allows anger and emotion to dictate their actions they may lose the custody battle before their day in court.

http://www.zoefamilylaw.com/blog/2013/02/texas-father-seeks-sole-custody-of-child.shtml

If a couple is married, judges at times will make the decision to give one parent sole legal custody – this allows one parent to make all major decisions about the child or children’s physical and emotional welfare. 

Often times the judge grants a parent sole physical custody of the children, but grants the other parent visitation rights unless the court feels visitation rights at this time isn’t in the best interest of the children. A judge’s ultimate goal is to allow the children to interact with both parents if possible.

A word of caution about custody battles, if one spouse has legal counsel and one spouse has opted to themselves (pro se,) the spouse with legal counsel will probably get the custody nod from the judge. Of course if the pro se litigant has studied family law, child custody laws and knows courtroom procedures they may win the custody battle – it’s a risk when one spouse has legal counsel. 

Pro se litigants must be prepared to show evidence beyond a shadow of a doubt that they have been the primary caregiver during the marriage. This takes documentation and proof in the courtroom. Child custody battles prove to be a slippery slope that can head any direction – this might be the time to hire legal counsel. 

As Always,

Little Tboca