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How a Private Investigator can Help your Divorce Case

July 16, 2019 by admin

Going through a divorce is a tough experience for any couple, and difficulties are compounded when children or other dependent relatives are involved. Regardless of fault, it is usually the case that there are disagreements over the events that caused or contributed to the divorce, the procedure for actually obtaining the divorce, and the practicalities of separating assets and liabilities. While these occurrences would in any case present difficulties for a divorcing couple, they can be made worse by not having accurate information. When the truth can mean a party has to pay considerable sums of money or surrender access to children, it is unsurprising that divorce proceedings are wrought with fabrications and misrepresentations.

Fortunately, there are ways of addressing these challenges head on, meaning an equitable and appropriate settlement is within reach for divorcing couples no matter how bitter the initial proceedings. Private investigators (PIs) – also known as private detectives or inquiry agents in some jurisdictions – can be hired to set the record straight.

What do PIs do?

PIs are highly-trained individuals who seek out, verify, and analyze information on practically any topic using a range of specialist techniques, including surveillance, interrogation, fact-finding, and public records searches. Many PIs are contracted by law firms, newspapers, and other groups with investigative needs, but individuals are also able to hire PIs for personal or business matters. Divorce is a common domain for PIs, and their clandestine and confidential nature is often one of the main attractions of hiring them.

For the most part, divorce involves personal matters – such as infidelity, domestic violence, and deceit – but PIs are usually such well-rounded and skilled individuals that they can be instructed to investigate a whole range of matters, including complex financial and business issues that might be relevant to a divorce.

Some of their core activities in relation to divorces include:

Gathering Evidence of Allegations

When filing for divorce, one or both spouses must specify whether there is fault at issue. A fault divorce is one whereby blame for the divorce is assigned owing to the actions or inactions of one or the other party. Of the traditional fault grounds, the allegation of cruelty (inflicting physical or emotional pain) is the most common, but others include: adultery, desertion, imprisonment, and sexual dysfunction that was not disclosed prior to marriage. In each of these cases, a judge will require evidence of the alleged fault. This is where PIs come in.

Gathering evidence of fault without the assistance of a PI is rarely recommended, as it could put one or both of the spouses in a dangerous position and the techniques employed could affect the outcome of the legal case in unpredictable ways. PIs are used to managing the risks associated with investigating fault and they carry out their investigations in such a way as to comply with applicable evidence laws.

Ascertaining Means for Child Support

Divorce brings out a side to many spouses that the other has never seen. Nowhere is this tendency more common than in relation to the making available of assets and financial information for child support.

Often, a deep distrust of the other spouse means that one will seek to hide or obscure the true value of assets, delay salary or bonus payments, and misrepresent income so as to lower any legally-mandated child support payment. Through surveillance or complex financial analysis, PIs expertly locate the true figures involved in these situations. Their work can better ensure that reporting is fair and accurate, so that one spouse is not left with any undue financial burdens when it comes to supporting a child.

Investigating Suitability for Child Custody

It is not only the financial aspects of a child’s care that are at issue during divorce proceedings. More often than not, the events that lead up to the divorce indicate to one or both spouses that the other presents an issue for the child’s welfare. This is especially the case where infidelity or alcohol/drug use is suspected, as the accused may not be available to care properly for the child.

These are very serious concerns that have implications not only for the divorce, but also for the individuals involved should any criminality – such as child neglect or abuse – be discovered. Again, PIs are able to find and, importantly, verify information about any such activities and relay that back to legal teams who are then positioned to put protective measures in place for the child, whether that be a complete denial or a restriction of custody, or a form of supervised parenting time.

Conducting Searches into Assets

Rarely is it the case that assets and liabilities are divided in such a way that neither spouse contends the split. Whether there are debates over mortgage contributions and car payments or business values and inheritances, PIs are able to uncover financial information from a range of sources. Using this information, lawyers are able to put together more accurate and fairer plans for the division of assets upon granting of the divorce, which ultimately means a more amicable settlement and lower legal fees.

PIs are especially useful in cases where one or both spouses suspect that assets are being hidden. It is, unfortunately, quite common for one or both spouses to try to shield their assets from the divorce proceedings so as not to lose them in any eventual settlements or awards.

Summary

With divorce rates on the increase in countries all over the globe, couples will continue to face a whole host of difficulties when choosing to end their marriage. The good news is that hiring a Private Investigator is one way of reducing the stress and turmoil caused by divorce, not least because it means that all parties – spouses and their legal teams – can enter into the proceedings with more accurate information. From the discovery of hidden assets to gathering evidence of infidelity, PIs bring to light difficult or unknown issues in a way that few other professionals can.

Marrison Family Law – Advice On Helping Your Kids Through Divorce

July 29, 2018 by admin

A divorce can be a tough situation to go through for all parties involved, especially for children. As a parent it is your job to protect your children as best as you can throughout this process and offer them the support that they need to come through it. Many children are scarred for life as the result of a divorce and this can affect both their future behavior and their future relationships. It is impossible to completely shield your children from a divorce, their parents breaking up will naturally affect them, but you can try your best to help them through this process. We spoke with the team at Marrison Family Law who are very experienced in this field, to get their tips on helping your kids through the process.

Talking

Kids will always be able to sense that something is up so it is vital that you are speaking with them regularly about the process. If you keep things under wraps then your children will jump to conclusions, usually worse than the actual truth. Naturally you don’t need to tell your children all of the gory details of a divorce, but they should understand what is happening and why, as well as being updated about the process.

No Insults

Whatever your feelings are about your ex-partner it is vital that you do not talk about this in front of your children. You must remember that your ex is still the father or mother of your children, and it should be up to the kids in the future – once they know the full truth – to make a decision on how they feel. Furthermore, speaking badly about someone will make the children believe that it is ok, and they may start doing the same themselves.

Cordial

Whilst the divorce proceedings are going through, you must stay cordial with your ex partner with regards to the children and allowing them to see the kids. The court will rule as to who gets custody and arrangements about looking after the children, but until then you mustn’t use the kids as pawns, they still need to see their parents. Seeing their parents regularly will also help the kids keep some kind of normality.

Treats

Because of the guilt that many parents feel when going through a divorce, they like to try and treat their kids to days out and presents, which they wouldn’t normally have done. As nice a gesture as this is, it is not a smart way to go about things. Firstly you need to try and keep as much normality in your children’s lives as possible, and secondly the kids can use this as an opportunity to play one parent off the other. You do not need to buy your children, you need to love them and encourage them to be open and honest with you. Both parents must be singing from the same hymn sheet in this regard.

Daniel Purjes on Understanding Fair Asset Division in New York

July 27, 2018 by admin

One of the big problems with the forces is that there is often a lack of agreement on who gets to have which assets. Assets can be anything from a long-standing investment to pillowcases inherited from a favourite aunt. One of the reasons why divorce is often take so long to complete is because it is nearly impossible to develop an agreeable final list. Pick up any edition of the New York Times and you are guaranteed to find at least one main story about a bit of divorce and its terrible consequences. According to Daniel Purjes, this is in part due to the fact that New York is an equitable distribution state.

Daniel Purjes on Equitable Distributions in New York

Equitable distribution means that assets are not divided 50/50 by looking solely at their fair market value. Rather, a lot of other factors are taken into consideration on the court is bound by a number of established guidelines on determining this. Some of the factors that will be considered when dividing the available marital assets include:

The difference in property and income between the date the marriage started and the date of divorce filings.
The age of both spouses and the length of the marriage itself.
The needs of the child or children in a marriage and those of the parents with custody. For instance, they may have a need to keep the house in order to look after the children properly.
Whether either party has or will lose an inheritance or pension as a result of the equitable distribution.
How much was contributed by each of the parties in order to acquire the contested property.
The potential for earnings each of the parties has.
Any tax consequence associated with dividing the property.

There are strong arguments for and against the concept of equitable distributions. One of the main advantages is that it Focuses on situation rather than on monetary value. It also means people can lay claim to those items that have sentimental value irrespective of what they are worth in money. However, because some of the criteria that define value are quite esoteric in nature, the downside of this type of division is that it can become a long and drawn out process to identify who gets to keep what.

It also clearly highlights the importance of having a good lawyer on board who has an in-depth understanding of equitable distribution and who is also experienced in mitigating and mediating between the two parties. While a divorce can absolutely be amicable, there will always be a degree of bad blood, stress, and heartache, and it is all too easy to be driven by those emotions. A good lawyer will be able to recognise that and act in the long-term interests of their clients rather than two short term knee jerk reactions. Daniel Purjes believes that it is possible for both parties to come out of a divorce reasonably undamaged if they work with and listen to a very good lawyer.

13 Things You Should Always Remember When Getting a Divorce

April 16, 2018 by admin

Sometimes, life is not what it is made out to be like in the movies. Though dream weddings can exist, in many cases, marriages can sometimes come to an end over time. There is a misconception about divorce that it must be messy and expensive, which it can be if you don’t follow the right tips to making it a smooth process. Although it can be hard to let go, people are beginning to see divorce as an opportunity to find a better life. When you have children, the process can become an infinitely more difficult one, where it is not just you and your spouse’s feelings at stake. Before you make such a life changing decision, make sure you consider some key points.

It isn’t the only option

For many reasons, people think that when you enter into a marriage, it is going to be an easy ride. This means that when there are dips in the time they have together, they can start to think the end is near when it might not be. Though it is true that divorce is sometimes the best option, it is imperative to note that it is not the only one. For example, there are many marriage counsellors you can see if you are committed to saving your marriage, but there are also times when you might see improvements after a rough patch. If your marriage hasn’t improved after you feel like you have exhausted the options, then you can think about whether divorce is the right path for you.

You’re allowed to grieve

When you have separated from a spouse, it is one of the hardest times in a person’s life. Despite this, many parents feel as though they don’t have time to process their feelings when there are other people who will be feeling the effects of the divorce, such as children. However, making it so you have no time to grieve may feel like a welcome distraction at first, but it will likely hinder your chances of moving on effectively from the situation. It will be hard, but remember to give yourself time to grieve over your old life, so that you will be able to see your new one emerging on the horizon.

Keep it quick

What puts people off about divorce is that it can sometimes be a lengthy process, which makes it harder for every person involved. It may feel as though you can’t let go quickly but holding on longer will make it even harder in the long run to accept what is happening. It is worth remembering that divorces can happen amicably despite the circumstances, which will make it easier to co-parent when you are separated but will also mean that any assets are split quickly and fairly.

Consider the financial costs

There are also financial reasons why you should act quickly when getting a divorce. Hiring a legal team can sometimes cost more than your wedding might have, especially if there are some financial disagreements that are tricky to work through. Not only this, but any joint savings you have may be compromised during the process. It is unlikely that you will be able to split your assets down the middle, which is why it is always a good idea before you commit to someone to sign a pre-nuptial agreement, so that in the off-chance divorce comes about, you are not left without any money after.

Choose a good lawyer

One of the best ways to save money during a divorce is by hiring the best divorce lawyer at a reasonable cost, and who has a proven track record. This is key, as there are many lawyers out there who will only be thinking about the money they can make during the hard times of separating spouses. If you research effectively, weigh up your budget, and go in wanting a speedy process, then you will be able to find one that suits you. In all cases, this lawyer must have your kids’ lives at heart throughout the process, as they will become a big part of the divorce agreement you come to.

Put your kids first

Putting your kids first is something that people forget about when getting a divorce, due to the stressful situations that can arise when you are separating from someone. This usually means that your kids get caught in the crossfire between two arguing parents, which can unfortunately lead to a host of problems later in life. For example, mental health issues can affect them more, and there are some children who will start to feel abandonment complexes if one of their parents decides to leave the family entirely. If there is one piece of advice you should always take before getting a divorce, it is that your kids can escape the process relatively unscathed if you out them first at all times.

Employ a children’s therapist

There will be times in your divorce when you are not able to be your strong self for your kids, especially when you are giving yourself time to grieve. In these cases, you should consider whether hiring a children’s therapist is a good idea, where your kids can learn to articulate how the divorce has made them feel, but also where they can speak to somebody as an outlet for some confusing emotions. This may seem like a big cost in the short term, buy our children will reap the benefits in the years to come.

Be careful bringing family and friends into the process

It is not just your kids you must consider during this time. In fact, there are other family members who will also be affected by such changes. This could be when your parents are close to your spouse, and when they could try to step into the process as a way of protecting you from harm. Although it is primarily you and your kids who will be suffering, you should not forget that this is a time of change for your mutual friends and family, who may feel as though they need to pick sides. Be careful about the details you divulge. Although it is important to have support and advice it is also important to ensure the de

Have a strong support network

Even if you can avoid bringing your friends and family into the middle, that doesn’t mean you should cut off your support network. This will be a difficult time for everyone involved, which means you will need emotional support to keep you going strong. Asking siblings, friends, and parents to be there for you is always a good place to start, as they can supply a shoulder for you to cry on in your time of need. Despite this, they could be dealing with some other commitments that make it harder for them to be there for you as much as they can.

Seek professional help

When your support network can’t be there for you as much as you need, then you should consider seeking professional help. This means you can learn how to deal with the process in a calm and collected way, while still enabling yourself to have a space to grieve in. Therapists are not only there to talk issues over, but to equip you with some valuable advice that you should take. Such advice will help you move onto the next stage in your life with fresh, new eyes, and with hope rather than dread. It will also stop any emerging mental health issues in their tracks.

Consider what you want

Ultimately, you should never be forced to stay in a marriage that is making you unhappy. While there are other people to consider, you can’t live your life for what they want you to do, as you will find yourself unhappier for a longer stretch of time. During a divorce, it can be easy to put it off for this reason. It will be hard, but if you take the leap to do something that makes you happy, you should not feel guilty about divorcing who isn’t right for you.

Don’t be selfish

At the same time, there are some people who put their own needs above everyone else’s, which can come at the cost of other people’s emotions. It is easy to assume that putting yourself first means being selfish, but this is not the case. For example, you may wish to start seeing other people, but you can hold off from this until after the divorce is finalized, or you will be making your chances of having a fair and amicable divorce slim. At the end of the day, your kids should be at the heart of this process, but if you know what is best for you, then this should be what is best for your kids, too.

Try not to rush into something new

Going on a rebound is one of the first things people do after they have split from someone they have been dating for a long time. Although this can be fun, it is easy to get caught up with excitement and make careless decisions. The key here is to learn how to spend time being happy by yourself, which will make you stronger in the long run. It will also put you in a better headspace, so that the next time you meet someone, you can have a better relationship than your previous one.

Tips on How to Ensure You Get Alimony from your Divorce

November 21, 2017 by admin

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A divorce can be a complicated affair, no matter how amicably everything was settled. Alimony, or the monthly financial support a spouse is legally mandated to provide the other, can even be more complicated due to the many factors that can affect who gets rewarded with it. The decision of who gets alimony and the exact amount comes from the result of a court case after reviewing the circumstances surrounding the divorce itself.

To help with this we’ve compiled a list of things you can do to ensure you get alimony from your divorce, and continue to receive alimony for the foreseeable future.

Prove that your spouse’s total income is higher than yours throughout the course of your marriage. Salary slips, bank account statements, purchase receipts – everything that you think that can prove that your spouse or partner has a higher and more substantial income than you may help get you the alimony you deserve. Evidence of your own underemployment throughout the marriage – as a stay-at-home parent or spouse – will be handy as well.
Prove that you have an inability to obtain work or income that will allow you to survive financially without alimony in the long term. If you are sick, elderly or have a chronic condition/injury that prevents you from working (or could affect your chances of being hired), prepare to bring it up in the court hearing. It may be beneficial if you could get a doctor’s signed statement about your condition or inability to work, as well as a tally of your total monthly expenses.
Prove that your financial status and/or quality of life will be severely affected without alimony. Be sure to mention (and provide evidence for) everything that can happen to you financially if you are not awarded alimony. From being unable to buy your prescription medication to being unable to pay utility/food bills, do your best to paint as detailed a picture to the judge presiding over your divorce hearing. As much as possible, try not to mention any luxury or hobby expenses that you will not be able to partake in – the key here is to gain the judge’s sympathy and favor.
Prove that you do your best to live within your means and can be financially responsible with the alimony. Looking and acting the part for all your court appearances is the key to winning a civil case, divorce or otherwise. Refrain from wearing loud, extravagant and casual clothing – clean and business casual fashion works. Speak clearly and respectfully to the judge, your lawyer, and even your ex-spouse. Avoid emotional outbursts and quarrels, especially in the view of your children and the judge.

If the judge rules in your favor and awards you alimony, remember that it shouldn’t be relied upon as a permanent means of income. Your right to receive it can be reviewed and revoked at any time should the court decide that it is no longer necessary. Thankfully, you can do the following to help prevent against this:

Stay single. Having a relationship is fine, but formally remarrying will not be in your favor in the eyes of the court.
Live alone. Just like remarrying, living with someone will make the judge think that you now have someone to share expenses with, whether you do or don’t. As you may think, this could drastically affect the alimony decision.
Maintain good relations with your ex-spouse. Avoid quarrels and public scenes as much as possible, online or offline.
Lawyer up. If your ex-spouse decides to skip on paying alimony, seek the services of an attorney to help you file a petition to force them to do so. If you find this to be an expense you cannot afford, contact your local legal aid organization for a pro-bono attorney who will take your case for free.