How Long Can Someone Go To Jail for Not Paying Child Support?

Child support can get tricky. 

Kids are expensive, and sometimes the court-ordered amount is not possible or reasonable.

Maybe you are sending what you can, and you have just fallen behind, or perhaps you are not able to send anything because of your current situation.

Either way, it can be a scary situation.

After all, words like “wage garnishment” and “jail time” are not exactly the most encouraging.

So if you are behind on your child support payments, you might find yourself wondering, “can and how long can someone go to jail for not paying child support?”

The short answer is yes, they can!

The longer answer? It’s a little more complicated. Let’s take a look at the process. 

What Happens When I Miss a Payment?

If you know you are going to miss a child support payment, the best thing to do is tell the custodial parent before you miss it. This communication is not possible in every situation, but if it is, honesty may be the best policy. It is especially important if your missed payment is due to an injury or layoff that is keeping you from working. 

If communicating in advance is not possible, or if you do not address your delinquency beforehand, the custodial parent is within their rights to report the missed payment to South Carolina’s Division of Child Support Services or DCSS. 

Once a petition is filed and a case opened by DCSS, a judge will schedule an enforcement hearing. This hearing is your chance to explain why you have missed payments. 

When the hearing date comes, make sure you bring any supporting documentation, such as medical records, that may help explain your delinquency. In the meantime, try your best to make at least partial payments. Often, a judge will see your actions as good faith attempts to fulfill your obligations and may be lenient. 

During this hearing, if the judge finds that you have violated your child support agreement, they will find you in “contempt of court“, and penalties will apply. 

What Could the Penalty Be?

Penalties for missing child support payments vary by circumstances. Every missed payment is not a one-way ticket to the county jail. Depending on your case details, you may face:

  • Fines
  • Garnished wages or benefits
  • Interception of tax refunds, personal injury suits, or unemployment benefits
  • Loss of recreation and driving license
  • Loss of passport
  • Property liens
  • Jail time

It is unlikely that a first offense will land you behind bars. 

Often, if you have documentation and a good reason for not paying, the court may modify your support obligation until your situation changes. 

How Long Can Someone go to Jail for Not Paying Child Support?

We know the worry is still there, even if the chance of jail time is unlikely. So how long can someone go to jail for not paying child support?

Because the official charge is contempt, rather than failing to pay child support, the law in South Carolina states that you may face $1500 in fines or up to a year in jail, and sometimes both. And while this is an unlikely outcome, it is still worrisome.

If you are facing a child support or contempt hearing for failing to pay child support, give us a call. We will help you find a solution. 

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Who Gets the Kids in a Divorce: When to Let the Kids Choose

The number of divorces per year in the United States is just under 100,000. That is a lot of couples jumping through hoops and suiting up for legal battles over the children.

With such a substantial number of divorces, there are a lot of opinions over how to decide who gets the kids in a divorce. Before you make any decisions, you should consider the following.

Who Gets the Kids in a Divorce?

While it may be a lot of stress and drama to have to interact with your ex, your kids deserve the right to know their mother and father.

Divorces can become messy battles where kids are forced to sit and wait while their future is decided for them by highly emotionally charged individuals going through one of the most painful experiences of their life.

Traditionally in court, mothers were given preference as the child care providers of the family but in today’s equalizing society, all options are considered equally, and many fathers are pursuing custody.

Before you demonize your spouse to your children and drag them through round after round of legal battles, you need to consider what you are fighting for. Is it what is best for your kids, or is it what you perceive as the best solution for yourself?

Divorcing With Small Children

When a child is young (before they turn ten) and you divorce, later in life they may have unresolved trauma about the event unless other factors are at play.

Having two parents that live separately and traveling between the houses is not inherently going to mess up your child. Kids can adjust to almost anything, perhaps because they often have no pre-ordained expectation for what is “normal.”

Many parents preoccupy themselves during their divorce thinking about how it will affect the children, but they should devote that energy to helping themselves heal and learning to communicate effectively with the other parent.

When to Let the Kids Choose

If your children are over the age of ten, then they have been in school for five years and made all sorts of friends. They have joined sports teams, bonded with their neighbors, and felt like a member of their community.

During a divorce, many parents have to downsize from their marital homes and move to a new community often forcing their child to change schools. This loss of control can be damaging during development.

Although your child is not an adult, they deserve the opportunity to build a life for themselves. Unless your spouse is abusive, you should understand that they deserve time with their child as well and let the child choose how they want to spend their time.

Finding the Right Attorney

Deciding who gets the kids in a divorce can be a long and hard struggle, but you don’t have to turn the ending of your marriage into a bloody fight to the finish for the kids.

Let us steer you toward a solution. Contact us for a consultation today.

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How Much is the Average Monthly South Carolina Child Support Payment?

Enduring a legal separation or divorce process in South Carolina is already difficult for everyone involved, especially children, but now the court is assigning your monthly child support payment.

The court assigns South Carolina child support according to your finances and responsibility for any children. Want to learn how much you could pay?

We have got you covered. We will discuss how the court will determine your child support payment and your estimated monthly payment. Read on to learn more.

Must-Know Basics About Child Support in South Carolina

According to the South Carolina Child Support Guidelines, either parent can request child support regardless of their responsibility for any children. Both parents must contribute to the well-being of any children.

Keep in mind that the SC court can order one or both parents to pay child support. If the parents of any children are under 18, the court may order the grandparents to pay child support.

How to Calculate Your South Carolina Child Support Payment

Calculating child support in South Carolina is not as straightforward as you may think. The court will calculate your monthly payment based on the SC Child Support guidelines. But, your payment may vary depending on your child custody arrangements.

Child support payments must cover the cost of any children’s education, medical care, childcare, among other necessary expenses. Your income and the number of children you have will influence your monthly payment as well. You may estimate your payment using a child support estimator, but the court does not only follow general guidelines.

The court will use their worksheets to determine your monthly payment. There is a different worksheet for every custody arrangement. It is recommended that you take a look at the worksheets and basic child support obligations table schedule in the South Carolina Child Support Guidelines.

Examples of South Carolina Child Support Payments

According to the US Census, the median household income in South Carolina is $5497. The South Carolina guidelines establish a basic child support obligation average between $793 to $1628. This range applies to parents of one to six children.

For example, a non-custodial parent of three children earns $3,000 a month. The custodial parent of all three children earns $1,500 per month.

If the non-custodial parent pays $250 a month to cover any children’s health insurance. The South Carolina Child Support Guidelines suggest the parent would pay about $762.67 in child support each month.

This payment may vary if the court uses Worksheet A from their guidelines to calculate the payment. This child support payment may decrease if the parents agree to a split custody arrangement.

An example of this is when Parent A holds custody of 2 of 3 children, earns $3,000 per month and pays $250 toward their health insurance. While Parent B takes care of 1 of 3 child, earns $1,500 a month, and pays $100 toward the child’s health insurance.

In this scenario Parent A would pay only $74.10 dollars per South Carolina guidelines. The court may assign a higher or lower payment if they use Worksheet B.

Bottom Line

There is not a one size fits all formula to calculate South Carolina child support. Your monthly payment may vary depending on your circumstances or custody arrangement, among other factors.

Before any child support hearing, you should hire a family law attorney who will protect your interests. Hiring the right lawyer will help you obtain the best outcome and fair child support payment.

Is your child support payment too high? You may be eligible for a modification if you or your child’s situation endured substantial changes.

Want to learn what modifications you may request? Read our article to learn more about your eligibility.

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What to Do When Your Parents Get Divorced: A Guide for Teens

What to Do When Your Parents Get Divorced: A Guide for Teens

Divorce is never easy even for adult children.

If you are a teenager whose parents are divorced, then you may be feeling a wealth of emotions.

These emotions can make you feel isolated.

However, one of the first things you need to know is that you are not alone.

In the United States, up to half of all marriages end in divorce.  Many of these couples have children. While this is not necessarily good news, it should help you to feel less isolated. There are others who are going through exactly what you are; you can potentially find help and comfort out there to get you through this challenging time.

Here are some tips about what to do when your parents get divorced.

Get Out of the Middle

It is not your job to assist your parents with their communication. If they want to communicate, make sure that you are not the one carrying messages back and forth. This role will only serve to put you in awkward positions.

As much as possible, you should make sure that you do not take sides. Staying away from a position where you are the “go-between” is one of the best ways to do this.

It is their responsibility to learn how to communicate and create a parenting plan, not yours.

Do Not Internalize Your Feelings

Whatever turmoil you may be feeling, the worse thing you can do is keep it to yourself. Let your parents know how you are feeling.

If you are depressed, angry and sad, you need to say so, if only to remind them that you need help or additional support.

Moreover, knowing how you are feeling may be the motivation your parents need to talk to you about the divorce and make life after divorce as amicable as possible.

Talk to Friends and Family

Your close friends or other family members are often a great source of support. If you can find someone to talk to, your healing may come easier.

Resist the temptation to push people away during this difficult time.  Having a support system is therapeutic, and the relationships you have built (or will build) often become the rock you can rely on as other stones appear to crumble.

Tell your friends how you are feeling. Sometimes just hearing a comforting voice is all you need to help you find relief.

Get Professional Help

Finally, if you find that you are feeling worse rather than better every day, then it may be time toseek professional help. If thoughts of self-hatred, anger, and sadness are overwhelming you then you may need help to put your life back together.

Ask for help if you need it. Getting professional help is not a sign of weakness, it is a sign that you are ready for recovery.

Final Thoughts on What to Do When Your Parents Get Divorced

It is essential for you to remember that others have traveled the road you are on and have gotten through it. This means you can too!

Do not be afraid to ask for help when you need it and to talk about your feelings with your parents, close friends, and family.

If you would like more information about how to cope with divorce, please visit our blog. If you’re the parent of a teenager that will be affected by divorce and you are not sure how to proceed, contact us today and we will guide you through these challenging times.


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South Carolina Child Support Laws: 5 Things You Need to Know

With divorce and children, the result is that one parent is generally going to get the child the majority of the time. And the other parent will have to pay child support.

Of course, there are scenarios where this is not the case, such as when parents get a 50-50 times-sharing split.

Let’s take a look at some of the things you should know about child support in South Carolina.

1. How is Child Support Calculated in South Carolina?

When the judge orders child support, both parent’s incomes are calculated. SC child support guidelines consist of a formula that calculates the child support payments.

This formula includes how many children there are, the monthly income of both parents, work-related child care costs, health care expenses, whether one parent has to pay alimony to the other parent or someone else, and so on.

2. Can I Deviate from the SC Child Support Guidelines?

Yes, there are circumstances when you can deviate from the child support guidelines. Not every family has the same situation so there may be factors that can reduce the non-custodial parent’s child support obligation.

For instance, if you have education expenses, consumer debts, a disparity in income, the child works, or if you have six or more children, then you may get a lower child support obligation than you might expect due to a simple formula or standard.

3. How Long Do I Have to Pay Child Support in South Carolina?

If you’re ordered to pay child support in South Carolina, then you’ll have to pay this until the child turns 18 years old. However, there are some exceptions to this rule.

For instance, you may still have to pay until your child graduates from high school. If your child is 19 and still hasn’t graduated, then you no longer have to pay child support.

Also, if your child gets emancipated before turning 18, then you no longer have child support obligations.

But if your child is disabled, then you’ll have to continue child support even after he or she turns 18 years old.

4. What Happens if I Don’t Pay Child Support in South Carolina?

If the court orders you to pay child support and you willfully refuse to, then you can be held in contempt by the court. You may also receive fines for the other party’s court and attorney’s fees.

You can also have your license suspended and passport denied. In worst case scenarios, you can even receive jail time.

5. Can I Modify Child Support in South Carolina?

Yes, either party can request the court to modify child support to either increase or decrease the obligation. There are different situations where the judge grants one.

For instance, if you lost your job and now have a lower paying job, then you can ask for a decrease. Just be sure that you don’t quit or get fired on purpose to find lower-paying work because this can backfire on you.

Also, if you end up getting a higher paying job, then the other party can ask to increase the child support amount.

Following South Carolina Child Support Laws

If you are recently divorced or are currently going through one, then you may find the South Carolina child support laws to be a bit confusing.

This is why you should seek the counsel of a family law attorney. 

Contact us now for help!

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Does a Criminal Record Affect Child Custody?

Marriage is (almost) always a highly celebrated event. However, for between 40 and 50% of all couples that tie the knot, a challenging (and usually less celebrated) divorce is in the cards.

Divorces are often messy.  And, of course, having children complicates them in many ways.  One complication that many people don’t think of as their marriage withers, however, is, how a persons past transgressions might affect child custody.  More specifically, does a criminal record affect child custody?

Find out what you need to know about criminal records and child custody during and after your divorce here. 

Does a Criminal Record Affect Child Custody: Who Was the Victim?

Have you been convicted of abusing your child, or did you get in a bar fight after a few too many drinks? Both of these examples of potentially violent behavior will reflect poorly to a judge the quality of your decision making, having a history of abusing your own child will undoubtedly carry a much greater weight!

It is very likely that if you are judged to exhibit a risk for further abuse or neglect, your visitations will be supervised at a minimum. You will also have a harder time getting full or split custody.

Keep in mind that if you seriously injured your victim, child or not, a judge could even terminate your parental rights.

Specific Nature of Your Record

Just like it matters who the victim was, the type of crime will be important when your custody rights are being considered. If you have any domestic violence or child abuse/neglect convictions, you will have a tougher battle to fight.

These charges, in addition to assault charges, will make a judge concerned about anger management issues.

Drug charges are not technically ‘violent’ charges, but may negatively affect your desire for custody or shared custody as well.  A common requirement for this situation is submitting to regular drug testing.

How Long Ago was the Crime

There is a difference between a drunk in public charge from 20 years ago and an assault charge one year ago. If you had an old charge that did not turn into a pattern of violent or unlawful behavior for you, you can make a strong case that you are not that person anymore.

If it is clear that you have changed and haven’t had similar issues since the charge, it will likely not impact your custody situation.

But, if you have recurring charges throughout the years, especially if they are recent, your custody and visitation agreement could be limited. Multiple charges point to a person who cannot follow court orders, and that has other unaddressed challenges.

A judge will not want to place children with a parent who may or may not be back on probation or even in jail in a few months.

Understanding the Impact of Your Record

As you can see, it is a complicated answer to the question, “Does a criminal record affect child custody?” Regardless of your situation, there is always hope.

In a difficult situation and need some legal advice? Please contact us, and we would be happy to discuss your situation and possible solutions.

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Custody Battle Tips That’ll Help You Get Through a Hard Fight

Although couples marry with the idea that it’s going to last forever, this isn’t always the case. In the United States, about 40 to 50 percent of marriages end in divorce.

Unfortunately, some of these broken marriages have to deal with custody battles.

If you’re dealing with a custody battle, it’s easy to make mistakes that could jeopardize your visitation rights.

We’ve put together a list of custody battle tips to help you in the process.

1. Be Willing to Cooperate With Your Ex

No matter what side you’re on, showing an unwillingness to work with your ex will only hurt you in the long run.

Even if you don’t want to work with your ex, doing so will demonstrate you’re only looking out for the well being of your child. A judge will be more sympathetic if both parties are willing to work together.

2. Perception is Important

Even if you love and care for your child, perception is everything to the court. Don’t do anything that might show you as an unfit parent.

Make sure you keep your job, stay away from drugs or alcohol, show up to work on time, and always look presentable in court.

3. Do Your Homework

You’ll have a better chance in your custody battle if you prepare yourself. Make sure you learn all you can about family laws in your place of residence.

You should also begin to gather any necessary documentation you might need in court.

4. Try Not to Change Your Schedule

Your custody battle will go a lot smoother if you don’t mess with your visitation schedule.

If the judge sets a temporary visitation schedule, you should stick to it. Avoid asking your ex to switch out dates for your convenience. Also, try to show up on time and drop off your child at the time specified by the court.

5. Keep Your Children Out of It

No matter how ugly things get, you should always leave your children out of it. Nothing hurts children more than seeing their parents fight and seeing their family fall apart.

Make sure you never speak ill about your ex in front of your children and focus all of your energy on spending quality time with them.

6. Try to Settle out of Court

Going to court will be a long, expensive, and emotional process. If you can help it, you should always try to settle out of court.

Meet with your ex and try to come up with a custody agreement that will work for both of you and be amicable.

Get your lawyers involved if you both can’t be in the same room together.

7. Get a Custody Lawyer

Don’t try to go into a custody battle without a lawyer. A lawyer will counsel you so you can get the best outcome possible.

And most importantly, you’ll feel like there’s someone in your corner.

Try These Custody Battle Tips

Going through a custody battle is one of the hardest things you will ever have to do. The best thing you can do is prepare with these custody battle tips.

Are you going through a custody battle and need a lawyer? Let Indigo Family Law be of service.

Contact us here or use the contact form below to request a consultation.

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What Is the Standard Visitation in a Custody Court Order?

What Is the Standard Visitation in a Custody Court Order?

Separation can be painful for all involved, but as a parent, you’ll naturally want to put the interests of your children above anything else. The process of deciding the custody arrangements between two parents can be long, complicated and dependant on a huge variety of factors.

These arrangements are often decided by a custody court order. In these, a judge will prescribe child visitation agreements in a legal arrangement. These arrangements will be shaped by local custody laws and will determine how much time each parent spends with their child.

Courts tend to use a standard visitation schedule for most cases. Here’s what yours will most likely look like.

Why a Custody Court Order?

A custody court order comes from a judge. While these are common for separated parents, they will only occur in certain circumstances. Typically, a custody court order is used when parents cannot agree on a custody or visitation arrangement among themselves.

If this is the case, the court will tend to use a standard schedule for each family, which details the visitation orders each parent will have to comply with. This depends largely on custody laws in your state, but it can be tweaked to accommodate different cases.

Who Receives Custody?

In any child custodial arrangement, there will almost always be one parent who enjoys primary custody of the child, at least in practice. Joint custody may, in theory, allow for each parent to be with their child 50% of the time, but for practical reasons, this is rarely the case.

In South Carolina, the law used to automatically award sole custody to the mother of the child. However, this has since been repealed, meaning that fathers are as equally entitled to custody as the mother is.

The state of South Carolina actively encourages joint custody and child visitation arrangements in most cases.

What Does a Standard Visitation Schedule Look Like?

Visitation orders do vary from state to state but are mostly similar across the board.

In South Carolina, the standard schedule will dictate that the non-custodial parents will receive the child every other weekend, from Friday to Sunday evening.

They may also be entitled to have the child during the week for one evening, usually a Wednesday, until 8 pm. This, again, is every other week. The non-custodial parent will also usually be entitled to have the child during the summer vacation period, for about 4 to 6 weeks at a time.

Holiday arrangements will alternate. Usually, each parent will take turns with the child on major holidays, changing after one year. Your custody orders will have arrangements in place for where the child is to be picked up, and which times are acceptable for both the parents and the children.

Please make sure to consult the laws in your local area regarding this.

Learn More

If you’d like to learn more about how a custody court order will affect you or any other legal matters regarding your rights and obligations as a parent, then don’t hesitate to get in touch today.

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Milestones for Re-Examining Parenting Plan

Milestones for Re-Examining Parenting Plan

When you got divorced, you and your spouse had a parenting plan set up for children.

You may be wondering if that parenting plan can be modified.

In this article, we will list milestones you should pay attention to for re-examining your parenting plan.

Changes in the Needs of Your Child

If there have been changes in the needs of your child since your original parenting plan was established, then it is a good time to ask for a re-examination of your parenting plan.

Examples of these changes might include:

  • Medical Needs: Your child may develop additional or new medical needs. These needs could result in higher medical costs, additional resources needed for care, or additional time investment to treat your child(ren).  In this type of situation, it would be absolutely reasonable to re-examine child support and ask for a modification.
  • The Behavior of Child: As your grows, he/she may act out towards one or both parents.  In fact, some of this is probably to be expected, puberty is rough for everyone!   If the custodial parent is not taking the proper actions to help the child grow in a healthy way (mentally or physically), or you believe their emotional and social challenges to be caused by what is going on at home, you can ask that you become the custodial parent or to otherwise modify the parenting plan to address these issues. 
  • Age of child: When your child becomes a teenager, he or she may voice their opinion about what parent they would rather live with. The court will take their opinion into consideration and possibly modify the parenting plan.

Financial Changes

If one parent’s financial situation changes, it might be time to re-examine the parenting plan.  For example, if the custodial parent loses their job, then he/she can request a child support modification.  Another example is if the non-custodial parent takes a pay cut, then he or she can request a child support modification.

Changes in Family Makeup

If a child reaches the age of majority, then child support will need to be modified.  Also, if custody changes from one parent to the other by any of the children, then child support will also need to be modified.


If the custodial parent wants to relocate, then the parenting plan does not necessarily need to be re-examined unless the non-custodial parent can prove there has been a substantial change that affects the welfare of the child.  The court may also look at how a relocation will affect the relationship between the child and the non-relocating parent.  Other things the court will look at are:

  • Best interest of the child
  • Reason for relocation
  • Degree to which it would improve the child’s health, education, and general circumstances

South Carolina Law

South Carolina Law (S.C. Code Ann. § 63-15-240(B)) lists factors that the court should consider when determining what is in the best interest of your child.  A few of these are:

  1. The temperament and developmental needs of the child;
  2. The preferences of each minor child;
  3. The capacity and disposition of the parents to understand and meet the needs of the child;
  4. The wishes of each parent as to custody;
  5. The past and current interaction and relationship of the child with each parent, the child’s siblings, and relatives who may significantly affect the best interest of the child;
  6. The actions of each parent to encourage the continuing parent-child relationship between the child and the other parent, including compliance with court orders;
  7. Any manipulation by or coercive behavior of the parents to involve the child in the parents’ dispute;
  8. Any effort by one parent to disparage the other parent in front of the child;
  9. The ability of each parent to be actively involved in the life of the child;
  10. The child’s adjustment to his or home, school, and community environments; and
  11. The stability of the child’s existing and proposed residences.

Do You Need Someone to Take a Critical Look at Your Current Parenting Plan?

Yes, Please Help With This!

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Amicable Divorces: 6 More Tips for Supporting Your Family Through Divorce

Amicable Divorces: 6 More Tips for Supporting Your Family Through Divorce

You do not think you are ever going to get a divorce when you get married. 

Unfortunately, the reality is that 40-50% of couples in the United States do get divorced! 

Many of these couples have children that can be negatively impacted by the process. 

How can you support your family through a divorce? 

Last month we wrote 10 Tips for Supporting Your Family Through Divorce.  It was so popular, we added 6 more!

The best answer is that no matter what the circumstances are, keep it amicable.

Follow Divorce Laws

Above all else, make sure you are following South Carolina divorce laws.  Believe us in this.. it will cause less stress.  Of course, following the laws means knowing the laws.  In this, you should seek to work with a partner (contact us) that will walk you through this challenging time step-by-step.

Try Not To Play the Blame Game In Front of Family

It does not matter who is at fault in the long run.  Blaming your soon to be ex-spouse is not the way to keep your divorce amicable, especially in front of your family.  You can imagine, going at your spouse for their wrongdoings could cause a lot of anxiety if you have children.  If you don’t, you may inadvertently cause your soon to be ex-spouse to dig in their heels and fight you every step of the divorce.

Focus on the long game here.   You’re only going to win in the end by getting separation from a bad situation.

Focus on the Big Picture

Before you go into mediation or start your divorce hearing, make a list of what is important to you – your needs, wants, and what is non-negotiable for you.  Also, think about how you want your parenting plan to be set up.  Remember to pick your battles and not fight over every little thing.  Doing so will cause tension and can draw out the divorce process a lot longer than if you choose what to fight over.

Negotiate Truthfully

When negotiating the terms of your divorce, do not hide assets or lie about your income.  Being completely truthful will help the process and keep tension from rising.  Another reason to be truthful is that in most cases one spouse has more knowledge of the household finances and bills.  This allows both people to know what is happening.  Being truthful helps the divorce to be transparent and can help each of you trust each other which will lead to an amicable divorce.

Put Children First

If you have children, they are the most important people in a divorce.  They need to know that both of their parents will still be there for them, that they love them, and that it is not their fault that this is happening.  You should also make an effort not to speak overly negatively of their other parent.  Do your children need to be brought into your challenges?

Using a mediator can help you when deciding what you both want for your children.  It is important to set up a parenting plan that you both feel comfortable with and that you can agree to co-parent your children even though you will no longer be married.

Divorce is Not War

Getting a divorce does not have to financially or emotionally drain you.  If you truthfully disclose information and documents, have mutual cooperation, and attempt a reasonable compromise, you can have an amicable divorce.

If you are in the process of getting a divorce or are thinking about filing for divorce, contact us today so we can help you!

Do You Need Help With Your Divorce Today?

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