Scholl Law Firm, PLLC Scholl Law Firm, PLLC 2025-03-31T13:42:48Z https://www.thescholllawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1504191/2021/09/cropped-favicon-school-law-firm-32x32.jpg msmithcontentcustoms <![CDATA[Dating before the divorce is final: What to consider]]> https://www.thescholllawfirm.com/?p=47491 2024-09-06T13:31:42Z 2024-09-06T13:31:42Z It’s not unusual for people who are entirely done with their marriage to want to move on and find a new romance – but you may want to put the brakes on your love life until the ink on your divorce papers is dry. As much as you might be seeking comfort and connection – both of which can be important after a disastrous union – dating before the divorce is final can open the door to complications that you could otherwise avoid.

You could give your spouse grounds 

Adultery is one of the “grounds” for an at-fault divorce in Arkansas. While you may not feel like you’re doing anything wrong, extramarital relations before the formal end of your marriage are still technically adultery. That could change the dynamics of your divorce and ultimately affect the disposition of the marital property and issues of support.

You could antagonize your spouse 

Whether your spouse wanted the divorce or not, the situation can go from amicable to hostile very quickly if your spouse feels like you’ve “moved on” too quickly and gets insulted –  or they come to believe that the relationship started before your separation. An uncontested divorce can be over in a matter of months, while a contested divorce can take more than a year to settle. That can make it worth your while to hold off on dating for a little while.

You could affect your custody rights

Dating too quickly after your split with their other parent can create difficult feelings and dramatically affect your relationships with your children – and that can ultimately affect your custody and visitation rights. If your relationship with your children becomes antagonistic, the court may consider that when deciding on the parenting schedule. Every situation is unique, so if you have questions about what’s acceptable in your divorce, it can help to seek tailored legal guidance.]]> gturnercontentcustoms <![CDATA[How to prepare for co-parenting over the holidays]]> https://www.thescholllawfirm.com/?p=47492 2024-09-04T15:03:56Z 2024-09-04T15:03:56Z Agree to a realistic schedule There are many ways to divide the holidays in a shared custody scenario. Some parents alternate holidays. Other times, they may be able to share by having everyone celebrate together if the divorce is amicable. Some families might split the holiday so that the children spend a portion of the day with each parent. The sooner parents agree to a schedule that works for their family, the more holidays they can enjoy without unnecessary conflict.

Communicate about parties and presents

Whether there is a big birthday coming up or a family Christmas party ahead, advance communication is key to ensuring pleasant celebrations for the children involved. Parents can coordinate gifts so that they don't duplicate what they get. They might even be able to share the cost of the high-price presents so popular among those interested in technology. Cooperative communication can allow parents to modify their schedule to accommodate parties and special school events. They can help ensure that the logistics of the day take a back seat to the joyful celebrations for the children.

Find a useful distraction

As a final note, almost all custody arrangements involved a degree of sacrifice. Parents have to be prepared to occasionally spend special days on their own without their children. Having plans ranging from movie marathons with friends to a deep dive into a hobby can help make it easier for parents to cope with separation from their children on special days. Addressing the holidays is one of many issues that parents have to overcome as they prepare to share custody. The more issues parents address ahead of time, the fewer disputes may arise as they adjust to co-parenting.]]> wreedcontentcustoms <![CDATA[How to adapt to a child custody arrangement]]> https://www.thescholllawfirm.com/?p=47493 2024-08-23T15:44:04Z 2024-08-23T15:44:04Z Child custody can be a new and overwhelming experience for newly divorced parents. Child custody means that parents share the responsibilities of raising their children, typically, in two different homes. It can take time for parents to adapt to a child custody arrangement.  To help parents adapt to a custody arrangement, parents may need to keep a few things in mind. Here is what you should know: 

Understand the terms of the arrangement

The first thing parents may want to focus on is the arrangement of their child custody. Child custody can be arranged in a few different ways. In many cases, parents share custody, which means they make decisions together to raise their children and provide for their needs. Custody can rotate every few days or weeks so parents have an equal amount of time with their child. Sometimes, one parent has sole custody, which means they may be entirely responsible for providing for their child and attending to their needs. The other parent may have some days when they can visit their child. 

Focus on your child

Adapting to a child custody arrangement can be difficult. It may help parents to focus on their child and their needs. Parents may need to remind themselves that child custody is meant to give their children a healthy and loving environment. With their child at the forefront of their mind, many parents can adjust to a custody arrangement.

Follow custody and visitation times

One of the difficulties many parents face when they share custody of a child is following the terms of the arrangement. It can make it harder for one parent to adjust to a custody arrangement if they or the other parent does not follow visitation or custody days.  Parents can reach out for legal help to discuss their child custody arrangement options. ]]> kreed <![CDATA[An appeal is not a second trial]]> https://www.thescholllawfirm.com/?p=47494 2024-08-09T14:05:26Z 2024-08-09T14:05:26Z People sometimes think of criminal appeals as a second trial. The first trial happened and a person was convicted on criminal charges. They want another chance to go through the process and get a better outcome. They think they can appeal the decision and ask for a new trial.  But an appeal is actually just a chance for the appellate court to reconsider the outcome. It’s not a new trial, but a reexamining of the first.  Often, an appeal is based on a perceived legal error. Maybe the evidence used in court should have been excluded under the fruit of the poisonous tree doctrine because it was illegally gathered, for example. The judge allowed that evidence to be used anyway, which led to the conviction. The person who was convicted may appeal on the grounds that the law was interpreted or applied incorrectly and illegal evidence was used. The appellate court could then overturn the conviction if they agree. 

Does the appeal involve new evidence?

No. This is also a common misconception. People believe they can bring new evidence to an appeal that will clear their name.  But the goal for the court is actually to reexamine the existing evidence. Typically, nothing new has to be submitted at all. The court just looks at the evidence that already exists and determines if the law was applied properly. If there were no errors in the first case, they may decide that the conviction has to stand. 

Starting an appeal

It can be very valuable to appeal a conviction, in many cases. It’s just important to know when and why to do so. If you’re considering an appeal, be sure you know precisely what legal steps to take.  ]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[What is the 20/20/20 rule in a military divorce?]]> https://www.thescholllawfirm.com/?p=47333 2024-07-27T14:03:22Z 2024-07-27T14:02:52Z Marriage comes with challenges, even under the best of circumstances. Having one spouse in the military makes this even more complicated. Unfortunately, not all military marriages last forever.  A servicemember enjoys several benefits as part of their military service. Some of those are passed down to their spouse. For spouses who are in long-term marriages with a member of the military, some of the benefits will continue even if they get a divorce.

3 conditions to qualify under the 20/20/20 rule

The 20/20/20 rule refers to specific eligibility criteria for continued benefits under the Uniformed Services Former Spouses' Protection Act (USFSPA). This rule determines if a former spouse can retain military benefits such as healthcare, commissary and exchange privileges after the divorce. There are three specific conditions that must be met if a military spouse will be able to keep full benefits when they go through a divorce. These include:
  1. 20 years of marriage
  2. 20 years of military service
  3. 20 years of overlap
It’s sometimes possible to receive partial benefits if all three conditions aren’t met. 

Benefits provided when conditions are met

Once the 20/20/20 criteria are met, the former spouse can receive TRICARE medical benefits, shopping privileges at military exchanges and commissaries and access to military installations. These remain in effect unless the person remarries. Other facets of military life may also come into the picture. For example, property division may include military retirement pay, as well as other assets and debts that were amassed during the marriage. Working with someone who understands military divorces is beneficial in these cases. ]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[What are the possible outcomes of an appeal?]]> https://www.thescholllawfirm.com/?p=47331 2024-07-14T15:42:32Z 2024-07-14T15:42:32Z When things don’t go your way in court, you may naturally want to appeal – but it’s important to understand that appeals are not the same thing as a new trial. Instead of focusing on the evidence in a case and the defendant’s guilt or innocence, the appellate process focuses on whether there were issues in the trial that resulted in a misapplication of the law or a violation of the defendant’s rights. Similarly, the verdict from an appeal can be a little different than what you’d expect at trial.

What does it mean if a verdict is affirmed?

When the appellate court affirms the lower court’s ruling, it means that the court found no errors in the trial or sentencing process significant enough to overturn the verdict or take any other judicial action. Your next option is to appeal to an even higher court, if possible.

What does it mean if a verdict is reversed?

This is not a declaration of innocence, but a judgment by the appellate court that the trial proceedings included significant errors which most likely affected its outcome. Your conviction is nullified, but you may or may not face retrial. If the appellate court rules there was insufficient evidence for a conviction, your ordeal is over – that verdict is treated like an acquittal at trial. If the reversal is based on something else, the prosecutor may be able to refile their case.

What does it mean if a case is remanded?

Essentially, this means that the appellate court found some kind of procedural or substantive errors in the original trial, and has ordered the case retried. Unless the prosecutor no longer thinks they can win the case, you will most likely get a new trial – with all that entails. There are other possible outcomes of a criminal appeal, too, depending on the basis for your appeal. For example, a case may be affirmed in part and reversed in part, or the court may affirm the conviction but modify your sentence. Because appeals are complicated, seeking experienced legal guidance is wise.  ]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[Why empty nest syndrome is a major reason for gray divorce]]> https://www.thescholllawfirm.com/?p=47328 2024-07-04T16:27:10Z 2024-07-04T16:27:10Z Empty nest syndrome The term empty nest syndrome was coined to describe the identity crisis that many older couples experience when their adult children finally leave the family home. Such couples find themselves grappling with feelings of sadness and loss as they mourn the sense of purpose they used to share when raising their kids. For such couples, their lives revolved around their children’s:
  • Schedules
  • Needs
  • Activities
After decades of following the same predictable schedules, now they have to figure out what to do with their lives. With so much free time on their hands, these parents may struggle to find new common ground. In their quest to rediscover their individual identities, they may realize that they don’t have shared interests now that they have kids to raise together.

Unresolved issues come to the forefront

When parents are completely devoted to raising children, their marital issues can easily be pushed to the background. However, when the kids become independent adults, they no longer need their parents’ hands-on guidance. As the kids slowly leave the family home and the house becomes quieter, the parents may find themselves grappling with:
  • Unresolved conflicts
  • Unmet emotional needs
  • Communication problems
Long-standing issues that the parents previously managed to suppress or ignore can become more apparent. The absence of distractions can magnify these problems, leading some couples to conclude that divorce is the best solution. The transition to an empty nest is a significant life change that can incentivize couples who’ve been married for decades to consider divorce. Older couples who are contemplating divorce in their golden years can benefit from appropriate legal guidance. With the right information, they can be better equipped to transition into the next chapter of their lives successfully.]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[Making a case for relocation with your child]]> https://www.thescholllawfirm.com/?p=47326 2024-06-27T18:40:02Z 2024-06-27T18:40:02Z Your divorce is final (and maybe has been for a while) and you want to relocate with your child. Your co-parent, however, is deeply opposed to the move. You share custody, so you either need their consent, or you need the court’s permission. Can you convince the court that you should be permitted to relocate with your child? A lot depends upon your reason or reasons for the move – and your ability to show that the move will, in some way, benefit your child.

Show that your reason for the move isn’t retaliatory

Family courts are sensitive to the fact that some co-parents simply want to punish their ex-partners for ending the marriage or other real or perceived “wrongs.” They may seek to relocate simply because they want to put their child out of their co-parent’s reach, as much as possible. It’s important to show the court that you’re acting in good faith, so that may mean proposing a visitation schedule that will still allow your co-parent to remain an active part of your child’s life. That could involve extended summer visitation time and a plan for virtual visitation, as well as a willingness to share any travel-related costs that may be part of the arrangements.

Show how your child can benefit from the move

Custody decisions are always made with the best interests of the child in mind. That means it can dramatically improve your odds of successfully winning the right to relocate if you can show how your move will improve your child’s life – not just your own. Some good possibilities include things like:
  • Relocation would allow you to put your child in a school that can cater to their exceptional abilities or their special needs, and that schools where you are now cannot
  • You’re relocating to pursue higher education or a better career, either of which can lead to economic advantages for your child, and all that entails
  • Relocation would make it possible for you to take advantage of familial support as you raise your child, from grandparents, aunts, uncles, cousins and other close relatives – thereby strengthening the bond your child has with their extended family and providing a deeper sense of belonging and support
Custody and relocations can be fraught with difficulties, and the nuances of the law can be hard to understand without legal guidance that’s tailored to your unique situation.]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[Declaring a parent unfit for custody]]> https://www.thescholllawfirm.com/?p=47323 2024-06-17T06:37:21Z 2024-06-17T06:37:21Z Divorce can be an emotionally challenging experience, especially when dealing with child custody issues. Your children are the most important part of your life, and you want to ensure they are happy and well-adjusted, That’s why you might want to fight for sole custody if you believe the other parent is unfit to care for the child.  While courts typically prefer to grant joint custody, there are occasions when a judge may determine that one of the parents is unfit to have custody of their child. It is challenging to prove the other parent unfit for custody because filing for this in court opens both you and your ex up to scrutiny. Should the battle be prolonged, things can get very personal.

Why a parent may be declared unfit

An unfit parent is someone whom the court deems incapable of caring for their child. This could be due to various reasons, including:
  • Questionable behavior that is proven through photos, videos, texts or voicemails.
  • Medical records, photos, witness statements or police reports proving domestic violence against you and the child.
  • Lack of contact with your child for a prolonged period and/or failure to provide adequate support for them can result in being declared unfit.
  • DUI, DWI or drug arrest records could be used to demonstrate that the other parent has a substance abuse problem.
  • Illness: medical records and certified testimonies from physicians and nurses can demonstrate that your ex-spouse is too unwell to continue custody.
You may also want to gather proof of unsuitable living circumstances maintained by the other parent. These claims relate to:
  • Neglect, including emotional, physical, medical or educational.
  • Abuse that is physical, emotional or sexual.
  • Frequent CPS visits. If your ex has received repeated visits from Child Protective Services, this is a huge red signal for the court.
If you plan to have your ex declared unfair for custody, seek assistance with the process.]]> On Behalf of Scholl Law Firm, PLLC <![CDATA[Modifying a parenting plan if your ex is absent]]> https://www.thescholllawfirm.com/?p=47322 2024-06-04T11:41:00Z 2024-06-04T11:41:00Z Parenting plans can help to provide structure and stability in the lives of children whose parents are no longer romantically connected. However, life circumstances can change, and the terms of an existing parenting plan may no longer reflect a family’s situation.  For example, sometimes one parent may become consistently absent. When this happens, it might be necessary to modify a family’s parenting plan to more accurately meet the needs of the child affected. Modifying a parenting plan can be an involved process, but it is sometimes a good idea to make this effort after seeking personalized legal guidance and support.

Does your family’s plan need to be modified?

If your child’s other parent is consistently absent, this can create an imbalance in the child's life, leading to emotional and logistical challenges. Signs that a modification may be needed include the absent parent frequently missing scheduled parenting time, failing to communicate regularly or being unreliable in fulfilling their parenting responsibilities. To secure a modification, you will likely need to prove that a significant change in circumstances has occurred since your original parenting plan was established. The consistent absence of your ex may qualify as such a change, as long as it can be sufficiently proven. The court will consider whether the current plan still serves the best interests of your child. If the absent parent's lack of involvement negatively impacts your child's well-being, this reality should serve as a strong basis for seeking a modification. Modifying a parenting plan when one parent is consistently absent can potentially result in numerous benefits. It can create a more stable and predictable environment for your child, reduce stress for you both and allow you to focus on supporting them – instead of trying to chase your ex down. Yet, it can be a challenging undertaking, so seeking legal guidance before moving forward may be wise.   ]]>