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Month: August 2022

Can I Date Other People Before My Divorce Is Final?

August 10, 2022

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday August 10th, 2022.

After a divorce, dating can be challenging. If you recently separated and are now returning to the dating world, you may be wondering “can I date someone new before my divorce is final?”

The Short Answer

Yes. 

There is no legal prohibition against beginning a romantic relationship before a divorce is final. In any jurisdiction, it is not necessary to prove one party’s fault for a couple to obtain a divorce. The new person you are dating doesn’t have to be concerned about being accused of adultery in the divorce proceeding.

Will It Complicate Your Proceedings?

It might. 

Dating is defined by law as one-on-one social interaction with another person. There is technically no difference between platonic and romantic or sexual contact. However, romantic or sexual relationships are the ones that garner attention and could complicate your divorce case, practically speaking.

Even if you are formally separated, divorce attorneys advise against dating during the divorce process. There is a possibility that it might raise the cost and stress of the divorce trial. If you’re still married, you shouldn’t date anyone else. However, once a person has physically and legally separated their spouse, judges rarely penalize them for starting a new relationship—sexual or otherwise.

Remember, it can be quite challenging to date while a divorce is still pending. It’s possible that dating someone new won’t impact the divorce process, but consider if it’s truly worth the risk. Before starting a new relationship, speak with your lawyer if you genuinely want to end your marriage. You can get legal advice regarding the repercussions of dating while your divorce is still pending. You may be advised to keep your connection private and try not to be seen together in public if you are dating someone. Definitely do not introduce your children to a new partner before the final divorce decree.

Get All of Your Divorce Questions Answered

The staff at Wickersham and Bowers is accessible right now to respond to your inquiries if you’re considering sacking your marriage. Our attorneys are skilled, competent, and sympathetic experts with years of combined legal expertise. We’ll work hard to get you the best result while assisting you in understanding your legal rights. 

What Can and Cannot Be Included in a Living Will

August 10, 2022

On behalf of The Law Office of Wickersham and Bowers posted in Estate Planning on Wednesday August 10th, 2022.

Living wills and other advance directives are legally binding documents that outline your preferences for medical treatment if you become incapacitated. 

Advanced directives are not only for those in their advanced years. All people should create these documents since unexpected end-of-life circumstances might occur at any age.

By making arrangements in advance, you can receive the medical treatment you desire and prevent needless suffering. The document also frees up caregivers from the pressure of making decisions during trying or grievous times. 

What Can Go In a Living Will

Be specific about your wishes for medical procedures while drafting your living will. Take into account your options for each of the following:

Cardiopulmonary Resuscitation (CPR): using a defibrillator or someone performing chest compressions to restart your heart.

Life Support: maintaining your life through artificial nutrition, hydration, medicine administration, and ventilator support.

Mechanical Ventilation: a device that takes over breathing by supplying the lungs with air.

Artificial Nutritional Feeding: a tube that extends into the stomach and delivers nutrients.

Dialysis: a process where blood is cleansed by passing through a machine.

Intravenous: injections of medication, antibiotics, or antivirals using a tube or needle into the veins.

End-of-Life/Palliative Care: Healthcare professionals can manage your pain to make you comfortable while respecting your preferences for medical treatment, such as avoiding intrusive procedures.

Organ Donation: You must be briefly put on life support if you choose to donate your organs. You will need to obtain an exemption for the organ transplant operation if you decide not to be put on life support.

What You Can’t Include in Your Living Will

You need a few things in conjunction with your living will, but they are not included as part of it. 

Do Not Resuscitate (DNR): Although you might have said in your living will whether you wish to be revived, a DNR is a particular directive that a doctor must write and sign. 

Orders for Life-Sustaining Treatment (OLST):  An OLST is primarily used for those who have been told they have a severe or fatal illness, are elderly, or both.

Health Care Proxy: A Health Care Proxy or other Medical Power of Attorney document must be used to designate the person you want to act as your Health Care Proxy (also known as a Power of Attorney for Health Care and a Health Care Representative) to make decisions on your behalf if you become incapacitated.