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    <title type="text">Barnhill Family Law, PC, LLO</title>
    <subtitle type="text">Barnhill Family Law, PC, LLO</subtitle>

    <updated>2025-03-31T12:10:00Z</updated>

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<icon>/wp-content/uploads/sites/1104071/2024/10/cropped-site-icon-barnhill-32x32.jpg</icon>
        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Trauma Informed Legal Services]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2024/09/trauma-informed-legal-services/" />
            <id>https://www.barnhillfamilylaw.com/?p=47198</id>
            <updated>2024-10-14T23:09:23Z</updated>
            <published>2024-09-06T22:52:40Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[As a family law attorney, I have worked to shape my representation of clients to meet the unique needs of each family. It’s part of my “why” – families cannot be forced into a specific mold and not every approach will work for every client. While some systems can and should be streamlined, I believe it’s important to humanize the…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2024/09/trauma-informed-legal-services/"><![CDATA[As a family law attorney, I have worked to shape my representation of clients to meet the unique needs of each family. It’s part of my “why” – families cannot be forced into a specific mold and not every approach will work for every client. While some systems can and should be streamlined, I believe it’s important to humanize the process as well.

Over the years, I have specialized in representing victims of domestic abuse, whether financial, emotional, or physical. I am striving to provide a deeper understanding of abuse to the justice system through my representation, while still balancing the unfortunate reality that not every individual sees domestic abuse the same way. Domestic abuse can be subtle, leaving the victim unable to truly articulate what happened, and equally important, how we can prevent it in the future. Even absent domestic abuse, involvement in family law proceedings may be traumatic for individuals in and of itself. I know the importance of meeting clients where they are and understanding how this type of trauma may impact their behavior.

Still, I do not have all the answers and am constantly looking for opportunities for growth.  In February 2023, I was a presenter in a webinar hosted by MOMentum, <em class="x-el x-el-span c2-1y c2-1z c2-3 c2-46 c2-2b c2-28 c2-47 c2-48">Navigating Domestic Violence/Harassment in Family Court</em>. I love opportunities like these, as there were so many women with diverse backgrounds contributing to the conversation. Some had been through family law cases themselves, and some were professionals that assisted other women through the process. It’s so important to listen and learn from others who may share different perspectives so that we may learn new approaches to present these issues to the justice system. In furthering the public’s understanding of these issues, I have also presented on domestic violence awareness and special considerations for individuals facing family law issues at various Wine, Women, and Wealth events.

Last week, I attended a webinar called Trauma Informed Legal Services for Survivors hosted by Safe House Project. This webinar reminded me of just how much work we must do to reduce harm to our clients. The presenters discussed the need to adjust the attorney-client relationship when representing a victim of trauma as well as the potential ethical responsibilities we owe to survivors. Further, the impact on attorneys who are not trained in trauma informed legal services can be just as great as the impact on the client who feels they aren’t being heard.

At Barnhill Family Law, we want our clients to feel heard and empowered. We strive to collaborate with our clients and give them agency over their case. This requires clear communication about the options available to our clients, as well as an opportunity for clients to provide constructive feedback about their needs. We understand that our clients may be predisposed to lack trust in lawyers and the justice system as a whole, and we want to change that notion for them. Although we cannot control the justice system, we can control how we impact our clients through our own actions.

As always, we are going to continue looking for ways to learn from and educate others about effective representation of survivors or those experiencing trauma as a result of family law proceedings. We have various resources available to those who need them, and are always ready to talk about the options available at our office.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Happy Anniversary BFL!]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2024/08/happy-anniversary-bfl/" />
            <id>https://www.barnhillfamilylaw.com/?p=47200</id>
            <updated>2024-10-14T23:09:38Z</updated>
            <published>2024-08-21T22:55:00Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Today marks a special milestone for Barnhill Family Law — our first anniversary! It’s hard to believe that just one year ago, we opened our doors as a solo practice. What a journey it has already been! When I started Barnhill Family Law, my vision was clear: to create a family law firm that goes beyond traditional legal services. I…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2024/08/happy-anniversary-bfl/"><![CDATA[<img src="/wp-content/uploads/sites/1104071/2024/10/attorney.jpg" />

Today marks a special milestone for Barnhill Family Law — our first anniversary! It’s hard to believe that just one year ago, we opened our doors as a solo practice. What a journey it has already been!

When I started Barnhill Family Law, my vision was clear: to create a family law firm that goes beyond traditional legal services. I wanted to provide a holistic experience for each client, treating every case with the compassion and dedication that every family deserves. As the first anniversary of our firm approaches, I’m reflecting on the growth and support that has been integral to our success.

Over the past year, we have grown from a one-person operation into a small but mighty team. Adding our first employee was a significant step forward, allowing us to better serve our clients and expand our reach. This growth is a testament to the dedication and hard work we have put into supporting our clients and their families.

But none of this would have been possible without the unwavering support of my family. My husband, children, and extended family have been my rock, standing by me every step of the way. Their encouragement, love, and understanding have been crucial in helping me balance the demands of building a firm with the joys and challenges of family life.

I also want to extend a heartfelt thank you to my friends and community. Your support, whether through referrals, advice, or simply being there to lend a listening ear, has been invaluable. I have a brilliant mentor who has been there to be a sounding board for all of my questions, and incredible friends that have celebrated with me, cried with me, and pushed me to go beyond my comfort zone. My “village” has made me a better advocate for my clients, a better leader, and a more fulfilled person. This firm truly is a family business in every sense of the word, and I am grateful for each and every one of you who has been a part of this journey.

As we celebrate this milestone, I am excited about the future of Barnhill Family Law. Our mission remains steadfast: to provide personalized, compassionate legal services that address not just the legal aspects of a case, but the emotional and practical needs of our clients. We are committed to continuing to build on the foundation we’ve established and to grow in ways that allow us to serve our community even better.

Thank you to everyone who has been part of our first year. Here’s to many more years of making a difference in the lives of those we serve!

With gratitude and excitement,

Sarah Richerme Barnhill

Founder, Barnhill Family Law]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Navigating the Holidays After Life Changes]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2023/12/navigating-the-holidays-after-life-changes/" />
            <id>https://www.barnhillfamilylaw.com/?p=47203</id>
            <updated>2024-10-14T23:09:44Z</updated>
            <published>2023-12-12T23:58:14Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Dealing with the holidays after a major life change brings several challenges to the table. Perhaps this year looks different for your plans: you’re unable to travel to visit family, your children are in another household, or you’re just missing the holiday traditions you’ve held for so long. These feelings may have you feeling down this holiday season, but here…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2023/12/navigating-the-holidays-after-life-changes/"><![CDATA[Dealing with the holidays after a major life change brings several challenges to the table. Perhaps this year looks different for your plans: you’re unable to travel to visit family, your children are in another household, or you’re just missing the holiday traditions you’ve held for so long. These feelings may have you feeling down this holiday season, but here are a few tips to navigate the holidays with your new dynamic:

<strong>Create New Traditions</strong>

Maybe your children won’t be spending Christmas Day in your home, but that doesn’t mean the traditions have to end! Start new traditions this year to keep things special and memorable over the holiday season. Whether baking holiday cookies, diving into a movie marathon, or celebrating the holiday early or late, your new traditions will make the transition feel like a fresh start. Giving your kids the opportunity to suggest new traditions will make the new holiday transitions special for them. If you’re separated from your family and unable to travel, have a special Zoom date or plan for Christmas in July. You don’t have to forgo family traditions based on the calendar date.  Break out your holiday décor next time you are able to see them, and participate in your favorite traditions then.

<strong>Open Your Heart to Others</strong>

My family lives 12 hours away, so traveling to visit for the holidays is not always possible. Even if your family lives closer, maybe there are other reasons that prevent you from spending time with them this holiday season. Whatever the reason, finding community is still a wonderful way to beat the seasonal blues. Spend the holidays with your friends and other loved ones, giving yourself the opportunity to really dive into those special relationships as well. If you’ve recently moved and you’re alone in a new city, find some fun community events like a painting class, holiday concerts, or other fun events that will highlight your new city and give you the opportunity to meet new people.

<strong>Practice Self Care</strong>

If getting out with your friends and family doesn’t sound like your cup of tea this year, give yourself the opportunity to really rest and turn off your responsibilities. Find your favorite movies, snacks, and drinks and settle in for a day of comfort. Practice self-care and do the things you enjoy but never have time for.  Take an emotional risk and start a new hobby! Sometimes we forget ourselves in the midst of raising kids, working full-time, or dealing with the requirements of our day-to-day lives.  Get out and take a cooking class, pick up that instrument, try a new sport.  Whatever it is that you've been putting off until "one day," make it happen today.

No matter what you choose, make it something that feels right to you. Give yourself the opportunity to find new peace in the holiday season, even if it looks differently than you envisioned. Be kind to yourself and embrace the change. Remember that a date on the calendar is just a date, and enjoy your kids or family when you are able. That is what really matters, and what you will remember each holiday season.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Navigating the Challenges of Coparenting with a Narcissist]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2023/12/navigating-the-challenges-of-coparenting-with-a-narcissist/" />
            <id>https://www.barnhillfamilylaw.com/?p=47205</id>
            <updated>2024-10-14T23:09:48Z</updated>
            <published>2023-12-01T23:59:26Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Throughout the years I’ve felt drawn to assisting and providing support to individuals who are facing domestic abuse in their homes. I am passionate about ensuring that these individuals and their children find a healthy, safe way out of dangerous situations. Abuse takes many forms, including violence, financial abuse, and emotional abuse, though the subtleties are sometimes difficult to pinpoint.…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2023/12/navigating-the-challenges-of-coparenting-with-a-narcissist/"><![CDATA[Throughout the years I’ve felt drawn to assisting and providing support to individuals who are facing domestic abuse in their homes. I am passionate about ensuring that these individuals and their children find a healthy, safe way out of dangerous situations. Abuse takes many forms, including violence, financial abuse, and emotional abuse, though the subtleties are sometimes difficult to pinpoint.

However, one of the hot-button words I hear very often in family law is “narcissist.” Narcissistic behavior often involves an inflated sense of self-importance, a lack of empathy, and a constant need for admiration.  They prioritize their needs over others’ and tend to manipulate situations to maintain control or gain admiration. This word can be misleading, as many individuals tend to think that it’s synonymous with “abuser.” I’ve learned that narcissism often falls on a scale. On one end of the scale, an individual may show some narcissistic tendencies and have difficulty prioritizing others. On the other end, a narcissist’s behavior can result in emotional abuse, using any tactic they can to manipulate their spouse or coparent. While a narcissist can also be abusive, narcissism is a personality trait. Contributing all abusive behaviors to this trait or to a narcissistic personality disorder suggests that the abusive behavior can’t be helped or stopped, which is a detrimental message to send victims of true domestic abuse.

So, how <em>does</em> narcissism impact family law and custody matters? Certainly, narcissism can create significant challenges for coparenting relationships, making the situation exceedingly complex and emotionally draining. Their behavior can range from subtle manipulation to outright aggression, causing emotional distress and turmoil within coparenting relationships. These traits make it crucial to understand how to navigate this relationship for the wellbeing of the children.

Narcissistic individuals thrive on control and may use tactics like gaslighting, manipulation, or creating conflict to maintain control within the coparenting relationship. This can lead to constant disagreements and disputes, making coparenting a battlefield rather than a cooperative endeavor. They may also have an impact on the emotions of their children as they might fail to consider the emotional needs of their child, instead focusing on their own perspective and needs. Narcissists may also exhibit unpredictable behavior, making it challenging to establish consistency and stability in the children’s routine between homes. Despite these challenges, there are several strategies available to the other parent to try to achieve a successful coparenting relationship:

1. <strong>Set Clear Boundaries:</strong> Establishing clear boundaries is crucial when coparenting with a narcissist. Define communication methods, schedules, and responsibilities explicitly in a parenting plan. Your parenting plan can include very specific protocols for communication, including the method of communication (text, parenting app, phone calls), the type of communication (excluding demeaning language), and protocols for ceasing communication when the conversation gets too heated. Practice the Biff Method in your communication with your coparent (<em>see “Effective Co-Parenting: The BIFF Method” by Barnhill Family Law <a href="/blog/2023/09/effective-co-parenting-the-biff-method/" target="_blank" rel="noopener" data-wpel-link="internal">https://barnhillfamilylaw.com/blog/f/effective-co-parenting-the-biff-method</a> ). </em>Stick to these boundaries firmly and consistently.

2. <strong>Focus on the Children:</strong> Keep the children as the central focus. While it can be difficult, try to maintain a child-centric approach in decision making. Always prioritize their wellbeing and emotional stability, and explain your reasons for why a certain decision may be in the child’s best interest.

3. <strong>Practice Emotional Detachment:</strong> Learning to detach emotionally from the narcissistic behaviors of the coparent can be challenging but necessary. Try not to react emotionally to provocations and instead maintain a composed and collected demeanor. If your coparent tries to tempt you into reacting emotionally, take a moment to think through whether your response is emotional or factual. If all else fails, use a tool like ChatGPT or your favorite similar website to help you make sure your communication is “business-like.”

4. <strong>Utilize Mediation or Therapy:</strong> If you and your coparent cannot come to an agreement on certain issues, engage the help of a mediator or therapist experienced in dealing with high-conflict coparenting situations. They can provide guidance and help facilitate more productive communication. You can also try options like family therapy or coparent counseling with the hopes that your coparent will learn to better understand you and your children’s underlying needs and emotions.

5. <strong>Self Care:</strong> Take care of your own mental and emotional wellbeing. Practice self care techniques such as mindfulness, therapy, and spending time with supportive friends and family to navigate the stress of coparenting with a narcissist.

Coparenting with a narcissist presents significant challenges that require patience, resilience, and a strategic approach. It is possible to navigate this complex dynamic in a way that minimizes the negative impact on both the children and the other parent. Barnhill Family Law understands the difficulties involved in relationships with a narcissist, and strives to provide solutions for clients that will minimize the manipulation and restore a more balanced power-dynamic. Remember, while it may be difficult, your efforts to create a stable and nurturing environment for your children are invaluable for their wellbeing in the long run.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Refocusing Your Future After Transitions]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2023/11/refocusing-your-future-after-transitions/" />
            <id>https://www.barnhillfamilylaw.com/?p=47207</id>
            <updated>2024-10-14T23:09:53Z</updated>
            <published>2023-12-01T00:01:52Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[You may be going through a major life transition and wondering, “What comes after the dust settles?” After you’ve taken a moment to breathe, your next step should be creating or updating your estate plan to reflect your new future. Simple estate plans may consist of a Living Will, a Power of Attorney, and a Last Will and Testament. These…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2023/11/refocusing-your-future-after-transitions/"><![CDATA[You may be going through a major life transition and wondering, “What comes after the dust settles?” After you’ve taken a moment to breathe, your next step should be creating or updating your estate plan to reflect your new future. Simple estate plans may consist of a Living Will, a Power of Attorney, and a Last Will and Testament. These documents tell your loved ones and the courts how your life and assets should be handled.

A Living Will provides instructions to your doctors and other individuals regarding the end-of-life measures or medical care you wish to receive if you are incapacitated or otherwise unable to communicate those wishes. Your options range from providing only comfort care to providing all life sustaining measures possible. The Living Will provides your loved ones and health care providers with some relief from the pressure of making these decisions for you.

The Power of Attorney document gives another individual the ability to make decisions on your behalf if you are unable. A Power of Attorney document is often used in the event of your incapacity and gives the individual you name as your “Attorney-in-Fact” the ability to make decisions on your behalf regarding your finances, medical care, and other matters. You may name one person or multiple people as your “Attorneys-In-Fact” and you control the type of power you give them. This document can be limited in time or can be effective as soon as it is signed.

Your Last Will and Testament designates how your assets will be administered after your death. Leaving behind a Will gives you control over your estate rather than allowing the courts and statutes to create an estate plan for you. Your Will designates a Personal Representative, the individual that will handle the affairs of your estate after your death, and may also designate the guardians of your minor children or other dependents. You also have the power to leave specific instructions about how your assets are divided, such as leaving special or sentimental gifts to certain individuals.

The most important thing to consider about each of these documents is how they will be impacted after a major life transition. If you’ve gone through a divorce, is your ex-spouse still listed as your Personal Representative or Attorney-in-Fact? If you’ve had more children or have adopted, have you updated your Will to reflect any changes or special wishes in your estate plan? Have you experienced the loss of a loved one? It’s important to consider whether your Estate Planning documents still reflect your wishes and that the individuals you’ve named as your Attorney-In-Fact or Personal Representative are still able and willing to perform those roles.

As a rule of thumb, I recommend reviewing your estate plan every three years to determine whether updates are necessary. If you’ve undergone a major life transition, you may need to review your estate plan sooner. Barnhill Family Law is here to assist you with any questions you may have to secure your future!]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Effective Co-Parenting: The BIFF Method]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2023/09/effective-co-parenting-the-biff-method/" />
            <id>https://www.barnhillfamilylaw.com/?p=47208</id>
            <updated>2024-10-14T23:10:15Z</updated>
            <published>2023-09-05T23:03:26Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Coparenting comes with unique challenges for each family. You are now dividing your time with your children between households, and we see families worried about whether their co-parent is using the same parenting methods you would choose for your own household. The simple truth is that you cannot control what happens in your co-parent’s household, and you will not always…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2023/09/effective-co-parenting-the-biff-method/"><![CDATA[Coparenting comes with unique challenges for each family. You are now dividing your time with your children between households, and we see families worried about whether their co-parent is using the same parenting methods you would choose for your own household. The simple truth is that you cannot control what happens in your co-parent’s household, and you will not always agree with their parenting styles or values. However, it’s important to maintain healthy, consistent communication with your co-parent to ensure that your child’s needs are being met, regardless of the difference in parenting styles.

Communication breakdowns between co-parents are often one of the leadings causes of future litigation. Parents feel as though their co-parent is refusing to cooperate with them, and sometimes co-parents begin to communicate through their children, failing to see the negative impact this has. It’s important to try to maintain open lines of communication, focusing on the child’s needs rather than personal resentment or grievances.

Of course, effective communication is difficult to master in any relationship, especially in co-parent relationships that have a history of high conflict. One valuable tool for co-parenting communication is the BIFF method. The BIFF method was created by Bill Eddy, a lawyer, therapist, and mediator. Bill Eddy designed the BIFF method to help individuals communicate in challenging and conflict-prone situations, and he has authored several books on this topic to help people improve their communication skills.

The BIFF method is broken down into four principals:

<strong>Brief: </strong>Keep your responses concise and to the point, avoiding any unnecessary details or lengthy explanations or justifications. A brief response helps prevent misunderstandings and keeps the focus on the issue at hand.

<strong>Informative:</strong> Provide relevant information that addresses the core issues or questions raised by the other co-parent. Offer facts, not emotions.

<strong>Friendly:</strong> Maintain a respectful and amicable tone, even when discussing difficult topics or disagreements. Even in the face of disagreement or frustration, being courteous and polite can de-escalate tension and promote a more positive conversation.

<strong>Firm:</strong> Express your position or boundaries clearly and assertively while remaining respectful. Being firm does not mean being aggressive, but rather standing your ground with confidence and clarity.

Applying the BIFF method when conflict occurs may help prevent future miscommunications.  Disagreements are inevitable, but they don’t have to derail co-parenting altogether. To begin using the BIFF method, pause before responding if you perceive a conflict or disagreement. This allows you to gather your thoughts and emotions before responding. When you do respond, start with a brief acknowledgement of the issue to ensure your co-parent feels as though you understand the issue. Then provide informative details to address it, focusing only on the facts. Maintain a friendly tone and conclude your response with a firm but respectful statement if necessary.  Avoid personal attacks or emotional responses. Try to stay solution-oriented, offering or requesting solutions that may help resolve the issue. Before sending your response, take a moment to review it and ensure that you have used the BIFF principals.

In addition to the BIFF method, there are other resources available to co-parents that can help maintain respectful communication. For example, some parenting apps contain tools that review the tone of your message. If your message contains aggressive language, the app will notify you prior to sending the message to your co-parent.

Parenting Plans can also provide important guidelines for respectful communication. Especially in high-conflict co-parenting relationships, your parenting plan should include details about how the parents will communicate, when to expect a response, and how to address communication that becomes aggressive.

Ultimately, co-parenting requires effective communication. There are several resources available to families that help ensure communication remains child-centered and solution-focused. If you need help developing a Parenting Plan that employs communication safeguards, contact Barnhill Family Law, P.C., L.L.O. to discuss your options.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of Barnhill Family Law, PC, LLO</name>
				            </author>
            <title type="html"><![CDATA[Understanding and Addressing Financial Abuse]]></title>
            <link rel="alternate" type="text/html" href="https://www.barnhillfamilylaw.com/blog/2023/08/understanding-and-addressing-financial-abuse/" />
            <id>https://www.barnhillfamilylaw.com/?p=47212</id>
            <updated>2024-10-14T23:10:20Z</updated>
            <published>2023-08-25T23:04:56Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Our society often fails to recognize domestic violence and domestic abuse, whether due to a lack of concern or a lack of knowledge.  Unfortunately, that failure has infiltrated family law systems and processes, and victims of abuse often struggle to prove the abuse exists when there is little tangible evidence.  Financial abuse is one form of abuse that can be…]]></summary>
			                <content type="html" xml:base="https://www.barnhillfamilylaw.com/blog/2023/08/understanding-and-addressing-financial-abuse/"><![CDATA[Our society often fails to recognize domestic violence and domestic abuse, whether due to a lack of concern or a lack of knowledge.  Unfortunately, that failure has infiltrated family law systems and processes, and victims of abuse often struggle to prove the abuse exists when there is little tangible evidence.  Financial abuse is one form of abuse that can be difficult to recognize, and difficult to prove.  The abuser’s actions may be subtle, yet the control, manipulation, and abuse are ever-present.

1.  Financial Abuse During Marriage

Victims of financial abuse may not recognize the signs immediately.  As in many high conflict relationships, the abuser may start with small, manipulative acts that don’t raise significant concerns.  Stealing money, running up credit card debt and refusing to pay the bill, providing a limited “allowance,” or forcing you to provide your paycheck or other asset to them may be obvious signs of abuse; however, financial abusers may also commit less obvious acts such as convincing you to work in a family business for no pay, convincing you to stop working or attending school, or requiring that you account for every transaction you make.  Before you realize it, your life is being controlled by your spouse, who determines how each hard-earned dollar is spent.  Some feel as if they have no way out, as their spouse has accounted for every dime and they don’t have any other financial resources that would allow them to leave their abusers.

Another less obvious issue arises when your spouse is hiding assets or transferring them to individuals for less than fair market value.  You may be unaware of these transactions until you’re going through the divorce process.  However, through the discovery process, your spouse will be required to answer questions under oath and provide documents detailing their transactions, giving you a better picture of the state of your finances.  A forensic accountant may also be necessary if you believe your spouse is hiding assets.  Other documentation such as texts, emails, or financial statements will be helpful to prove the financial abuse throughout your marriage.

2. Financial Abuse During Divorce

Many people have heard that abusers utilize the court systems to further their abuse.  This is unfortunately true in many cases, and financial abuse is not the exception.  We have seen spouses run up credit card debt following separation, take significant loans out of their retirement, or refuse to provide financial support for their spouse or children.  In situations such as these, you may have to seek court intervention to prevent your spouse from further dissipating the marital estate.

If your case is litigated, you have to present evidence to the court of the financial abuse, taking accounts into debt, paying for large expenses, and large or unusual transfers.  You also have to make sure you are presenting evidence of more subtle abuse, such as controlling all assets, setting unreasonable spending caps, limiting your purchases, or forcing you to provide your assets or paycheck to them.  You may need to seek an accountant or other professional that can help provide evidence of the financial abuse to the court, and your testimony will be important to demonstrate the abuse and control.

Even in a non-litigated divorce, your spouse may try to control the division of the marital estate, citing reasons such as their status as the breadwinner.  They may go for an “all or nothing” approach, trying to coerce you into accepting their offer for an equitable division or they’ll make sure you walk away with very little.  In Nebraska, all assets incurred during the marriage are considered marital property, whether incurred by one spouse or both.  The court requires an equitable division of that property even if everything is agreed upon by the parties.  Make sure your family law firm knows the details of the abuse and control by your spouse so they can ensure that you are protected moving forward.

It is important to be aware of the signs of financial abuse so that you can protect yourself moving forward.  Sarah knows and respects that every case is unique and is experienced in recognizing the signs of financial abuse and control. If you’d like to schedule a consult to discuss your options, please give Barnhill Family Law, P.C., L.L.O. a call at [nap_phone id="LOCAL-CT-NUMBER-1"].]]></content>
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