Category: Divorce Law

Wondering how to divorce? Divorce law information and news from divorce lawyers and family lawyers in the UK, US and across the world.

Categories
Divorce Law Family Law

5 Things to Consider When Choosing a Divorce Attorney

(US family/divorce law & general tips) Most of us would agree that “things” have gone wrong long before you realize you must look for and pick a divorce attorney. Whatever is wrong with your marriage did not sneak up on you – it has been in the works for years. But you probably did not get much warning before the emergency alarm bells started to ring in your head. You may have discovered your spouse was cheating on you. Or one of you may have moved out of the marital home.  The most clear-cut emergency alarm bell may have taken the form of a process server appearing at your door.

Whatever the case, you fell into a situation where you had to pick a divorce attorney really fast.  That means you must make one of the most expensive, critical, and life-changing purchases in your entire life, and you must do it really fast. That is not the best of combinations to face. But if you follow this quick list you will find the decision a bit easier:

1.  You have 20 days to respond to the petition if you have been served. 

This timeline could vary in different states. Normally the time to respond is on the court summons.  What many people do not initially know is that a response can be put together and filed by an attorney in one day. Most responses are not a big deal. They usually consist of boilerplate provisions and are easy to bang out. So that means you have more time to pick an attorney than you think.  Don’t rush out and hire an attorney in one day. This is way too important a decision to make in a dire rush.

2. Do not call around for pricing and make a decision solely based on price.

There is an old saying: “statistics don’t lie, but liars use statistics.”  For this discussion we can modify that saying: “prices don’t lie, but liars use prices.” Understanding divorce attorney prices can be very difficult because most of the tactics regarding pricing will always be invisible. For example, you may find out the attorney that bills $100/hour is more expensive than the attorney with a billing rate of $300/hour. It all comes down to billing practices in that particular law office. One attorney might take four hours to draft your initial documents where another attorney takes one hour.  Another example is where attorneys quote their initial retainer. An unusually low retainer might be “burned up” in the first two weeks of the case.  A good attorney quotes a retainer that will cover a significant part of the case. That retainer should have some chance of covering your case through the end of mediation.  Most cases end shortly after mediation. So a realistic retainer should be designed to possibly reach that goal.

3. Carefully examine the appearance of the attorney’s office.

Not all attorneys have an office in Trump Towers. But any office should be reasonably neat and organized in appearance. Are there stacks of papers all over the office? Does the office equipment appear to be held together with duct tape? Does the attorney have personal pictures or other personal items in the office that show a long-term presence?   A disorganized office usually means a disorganized case.  Take the hint when the attorney’s office is a complete disaster.

4. Is your prospective attorney willing to give real answers to real questions in the first meeting?

A good attorney never uses mystery and fact spinning to get your business. They are proud to show off their expertise. Giving good answers to potential clients is a way of showing there is more expertise available in the same person. Try not to waste the attorney’s time – but you should have some expectation of good answers for your initial questions. Attorneys that do nothing but sell themselves are a red flag.

5. Did the attorney promise specific results?

If they did promise results, this is a big red flag.  Most state Bar associations prohibit promises of specific results. And the fact is that judges make decisions, not attorneys.  Besides, wouldn’t it be silly for the attorneys on both sides to promise completely opposite results? How could they ever both be right?  A good attorney will tell you the chances of success and then explain several possible scenarios based on your individual facts.

A good attorney will tell it like it is. Their pricing is transparent, ethical, and oriented toward the benefit of the client. They will show you their best in the initial interview and then continue to prove they are the correct pick by conducting an organized, cost-efficient case. Never make your decision on a moment’s notice. For a life-changing event, you must carefully choose who will best help you achieve your goals.  Make sure you follow these easy steps and you will soon be on your way to a new life and continued happiness.

Categories
Divorce Law

Financial Settlements on Divorce

Family lawyers rejoiced recently as a landmark decision from the Supreme Court gave justification to piece the corporate veil in relation to financial settlements on divorce.

The case arised after a divorce case between oil trader and his wife took place after a 20-year marriage ended. The assets of the marriage totaled a huge £37.5 million and the wife was rewarded almost half at £17.5 million at the High Court in 2011. The husband in the case, a successful business owner, was ordered to transfer a number of properties from his business over to his ex-wife as part of the divorce settlement. However the properties belonged to his companies and were not his outright therefore refused to transfer them and appealed against the Order.

The appeal focused on whether the Court had the power to transfer 7 of the properties over to the wife with the argument that they belonged to his companies and did not in fact belong to him. The High Court Judge overturned on the basis of the Court appeal after agreeing that the properties did belong to the companies and not to the husband, even though the husband owned almost 100% of the business of which the properties belonged to.

The Court of Appeal went further to assess whether the treating of assets of companies owned by one party to a marriage should be available for distribution between the parties during a divorce settlement.

One judge said,  “why should family justice be regarded as different from any other sort of justice…”

Family Lawyers across the country such as leading Canterbury solicitors Whitehead Monckton and EMD family solicitors in Kent have eagerly anticipated the Supreme Courts decision and in a complete U-turn, it came to light that the 7 properties in question were bought in the companies name but were in fact purchased using the husband’s personal money. Therefore orders could be made against them in Family Court. This Landmark decision will be a huge consolation to future separating spouses who struggle to obtain fair financial agreements during a divorce settlement when the majority of the assets are owned within company structures.

 

Whitehead Monckton is one of the leading law firms in Kent can offer professional guidance and advice on all divorce and separation matters and provide expert divorce solicitors in Canterbury with a wealth of financial experience behind them. Visit the Whitehead Monckton website to find out more about their expertise or visit them in one of their three locations in Kent: Canterbury, Maidstone and Tenterden.

 

(Please note that the case discussed is not a Whitehead Monckton or EMD Law case.)

Categories
Divorce Law Marriage Pre-nuptial Agreements Separation Law

Understanding What Happens to Your Money in Divorce Proceedings

Rupert Murdoch has recently filed for divorce from Wendi Deng, his third wife. Even though it is unknown what caused the marriage of 14 years to end, people have speculated for months about the relationship of the couple. Deng, who is Chinese-born and Yale-educated, is accomplished on her own before ever marrying Murdoch, but that didn’t stop people from dubbing her as a gold digger.

Since the 82-year-old Murdoch runs a powerful conglomerate in terms of media, many people wonder what is going to come of his fortune. When you consider he has 20th Century Fox, Sky News Service, Fox Television, the Wall Street Journal, Harper Collins Publishing and many others, you can easily see just how much he is worth financially. Even though Deng stayed out of the public eye for much of their marriage, everyone wonders what the legal precedent is now that the divorce is underway.Shortly after they wed, Murdoch announced that Deng was going to step down from her role at News Corp. in Hong Kong. She never fully left the media world. She would attend meetings with Murdoch and his son to make sure everything went smoothly. During their marriage, she had two girls with Murdoch. He has four other children from his other two marriages.

According to her Yale profile, she is the co-founder of Big Feet Productions, which is an independent studio based in East London making games and applications for Apple. The divorce would effectively end Deng and Murdoch’s union and set a battle into motion for how much of the fortune she and the children are going to receive. His recent fortune was estimated at more than $11 billion. The showdown comes at a bad time for News Corp. They recently approved plans to split operations between two publicly traded companies.

Since Murdoch is the largest shareholder in the company, he will be the chairman of the two new enterprises. It is not yet known whether there was a prenuptial agreement signed between Deng and Murdoch before they were married. Even if there is, no one knows where it was filed at. Most people assume there was documentation filed to protect Murdoch’s fortune, especially when there was so much to lose.

Depending upon where the paperwork was filed, individual states will choose whether the terms are unfair or unconscionable and proceed with upholding the prenuptial agreement or making their own amendments to the document. Other countries may have their own set of rules and restrictions, but in the United States, things would be handled in the aforementioned manner.

A prenuptial agreement can do a lot for protecting the best interest of the parties involved, but the court and legal system will determine whether they are going to overturn the agreement or uphold it. In the end, lawyers and the legal system are the ones going to make the arguments and final decisions on what is going to happen. A trained lawyer will be able to fight in the best interest of the parties involved.

Categories
Divorce Law

Gray divorce is increasing

Over the past couple of decades, divorce rates among people over 50 years old have doubled in the US.  When individuals who are middle-aged or older get divorced, sometimes it’s a step they planned for years; they’ve waited, for instance, for their children to leave the house first.  In other cases, they never anticipated that their marriages would end and that they’d need to make major adjustments to their lives at a point when they thought they’d have more stability. In any case, open attitudes about divorce, and frequent coverage in the media have created a more permissive environment for divorce. Ages ago people expected to go to their grave within the same marriage. Now it is more acceptable to start a new life at any age.

A ‘gray divorce,’ such as it’s sometimes called, poses its own unique challenges.  One major issue that comes up is how to divide the assets that the couple has built up together over the years.  Whereas younger people who get divorced sometimes don’t even own a home or have much in the way of savings, it’s more typical for an older and established couple to have their own home, more substantial savings and a wider variety of accounts, and funds set aside for retirement and medical expenses.  What are the criteria for an equitable split of assets? Which assets are less desirable? These questions will need to be assessed on a case-by-case basis by expert lawyers, to be sure that both parties are receiving fair treatment. Another issue is directly related to the age of the divorcing couple; they do not have time to correct for major mistakes in a division of assets.

Other issues involve changing the will and making other alterations to estate planning.  For instance, one spouse may have designated the other to make important life-or-death medical decisions for them in the event that they’re mentally incapacitated; with the divorce, they may want to give someone else these powers, such as an adult child.  Beneficiaries listed in a will could also change, and you’d need to revise your estate planning in light of the assets you’re left with after the divorce.

Other adjustments may be social. You may feel cut adrift from the circle of friends that you shared with your spouse.  If you need to move to a new home, you may feel as if your life is starting over again.  And if you’re unused to living alone, it may take you time to adjust to doing various things by yourself.  One important consideration to make is that if you have little experience working on personal finances, and tended to leave such matters to your spouse, you’ll need to learn quickly to manage them so that you don’t get taken advantage of.

When undergoing a divorce in the later years of your life, be sure to have a good attorney on your side, so that your best interests will be met.  You don’t want to harm yourself, and ruin your chances of stability in the golden years of your life, by agreeing to a divorce settlement that’s unfavorable to you.

 

Categories
Child Custody Divorce Law Family Law

Factors That Will Determine The Outcome Of A Custody Battle

Child custody laws are meant to provide a legal structure to govern relationships between divorced parents and their children. Preferably, divorced parents are supposed to work together to have a cordial agreement to have shared custody, but this if often not possible due to resentment between the divorced spouses who tend to drag their children in the divorce and marital disputes. This raises the need for you to hire a divorce attorney or a child custody lawyer to assist you in your child custody battle.

The best interest of the child is the major focus in determination of child custody. Thus, every aspect of both parents life, both past and present, is put under scrutiny so as to determine which parent is most suited for child custody.

Here are some of the factors that will determine the outcome of a custody battle:

Stability

This is a general term referring to different aspects of an individual’s life. You need to have your life together for you to be awarded sole custody of the child. The factors to be considered here include your ability to provide safe home, environment and social setting for the children, your employment status and financial security, criminal history and psychological stability (history of substance abuse, mental illness, and child neglect or abuse). Thus, you must prove in court that you are more stable than your partner.
Relationship With The Children

The court knows that quite often, spouses file for full custody of the child just to hurt their ex without necessarily having developed a relationship with the children. Thus, it is important to leave out personal vendettas out child custody cases because the court will investigate whether you have strong ties with your kids. Thus, the court is likely to award custody to the parent with stronger emotional ties with the children.
The motive

Just as mentioned earlier, some parents may seek custody just to get back at their spouses. Though it’s normal for parents to want to be with their kids, you must prove to the court that it is in the child’s best interest to be awarded sole custody. For instance, a father asking for sole custody of children less than 5 years does not consider that this can emotionally hurt them or can create an emotional barrier with their mother. Thus, the court is likely to award custody to the parent who can prove that his or her motive is in the best interest of the children.
The wishes of the child or children

The child’s wishes can also be taken into consideration in determining custody cases. Nonetheless, this factor is greatly dependent on the age of the child where the preference of children below 6 years old may not hold as much weight in court as the preference of children above 12 years.
Other factors that will determine the outcome of a custody battle includes:

* The health of the parents and the child’s age, sex and medical needs
* Impact of changing living arrangements to the child or children
* Quality of life, including health, education and social life while living with one parent
* Effect on the child’s established lifestyle which includes school, home, church etc.
Categories
Divorce Law Family Law Finance Marriage

The Divorce Process: Where to Begin

Most couples do not begin their marriages with the anticipation of ever getting divorced. However, as statistics consistently show, close to half of all marriages end in divorce today. When a husband or wife decides to end his or her marriage, that individual may wonder what steps to take and how to begin the process. The process to get a divorce may take some time; however, following these steps can ensure that each party’s best interests are addressed and that the matter is settled as fairly as possible.

Start Saving Money

Because most couples share bank accounts, a husband or wife may not have immediate access to the funds needed to file for divorce. If possible, a person should try to set aside money out of each paycheck and save these funds for the divorce proceedings. It may take a few months to save enough money to file; however, without the needed money, people may not be able to file, especially if they do not qualify for free legal services through the state or social organizations.

Retain a Good Lawyer

People can certainly file for divorce on their own at the courthouse. However, in most cases, this idea is not advisable. A divorce lawyer is trained to advocate for clients and to ensure that each petitioner’s interests are protected. An attorney can help a client go through what is referred to as a discovery process where the couple’s assets are identified and the reasons for the divorce are solidified. Through his or her divorce attorney, a person can work toward a mutual agreement with the other spouse without having to go to trial. If, however, an agreement on the matter cannot be reached, a person can be well served by having an attorney by his or her side as the case goes through the trial process.

Finding a good divorce lawyer can be a relatively hassle-free process if people take several things into mind. With the Internet now a popular referral tool, people can search online and find experienced attorneys in their area. For example, a search would be done online for an Orlando divorce lawyer for plaintiffs in the central Florida area, to obtain a list of local lawyers knowledgeable in divorce law. They can consider previous clients’ online recommendations, as well as ask friends and family members for advice. Clients can also discover if an attorney can help by going to an initial consultation. Retaining a lawyer for the divorce can make this process less traumatic and difficult.

Make Lifestyle Adjustments as Necessary

As they approach a new life path, people may need to adjust their lifestyles accordingly. If a person does not have a job, for example, that individual could be urged to find employment and begin working before the divorce is filed. Having an independent income can make adjusting to post-divorce life easier. Likewise, if a person is under-employed or does not have benefits like life and medical insurance, that individual may be advised to look for a higher paying job and retain these benefits as soon as possible. People going through the divorce process must learn to rely on themselves rather than someone else for their well-being. Adjusting their lifestyle and planning ahead can ensure that they successfully rebuild their lives after they are divorced.

Knowing how to begin divorce proceedings can empower people who are no longer happy being married. Retaining experienced legal counsel and allowing a lawyer to advocate for them in court can be the most crucial aspect of the divorce process. An attorney can help a person come out of the divorce with their best interests intact.

Lisa Coleman encourages employing experienced legal counsel during the process of a divorce while handling the emotional transition into an adjusted lifestyle. Katz & Phillips, P.A., a client-focused divorce firm, is experienced in all aspects of divorce law and can represent and counsel a client through their divorce proceedings.

Categories
Divorce Law Family Law

Some Hallmark Holidays Are Not Just Hallmark Holidays

Just through another Mothers’ Day-Fathers’ Day cycle, we are reminded again that not everything that is commercially exploited is bad. As parents and grandparents, we enjoyed sweet moments this spring; and as divorce mediators, we learned again, that for separated spouses, simple celebrations can have healing significance, whatever we or others may think about them. If we fail to listen carefully enough, or to respond appropriately, we can add to the thousand cuts that often characterize the divorce process.

Obviously, this is not only about parents’ day celebrations but about events small and large that are too numerous to catalogue, including birthdays, soccer games, camp visits, 5th grade “graduations” and others not in mind. It is also about attuning ourselves to our clients’ pain and the spouses’ willingness, conscious or otherwise, to reduce or enhance it for each other. Sometimes they need help to see that symbolic things hurt, that hurt parents are often surrogates for hurt children and that the golden rule is sometimes more about kids and parents than about gold. As “neutrals”, we are ideally placed to miss the cues or to provide this help. Most mediators wish first to do no harm, but in many small, yet important ways, these are opportunities for us to do good.

We are professionals, but human beings first. Many of us have children and grandchildren of our own. Some of us are divorced. This personal experience may help guide us, but it is also important for us to understand always, that our cases are not about us. Any sense that we are inattentive or even dismissive of symbolically laden matters undermines our effectiveness, and it reduces our chances of achieving settlements. And worse, we can become one of the thousand cuts.

Personally, we can’t wait for Mothers’ Day and Fathers’ Day, next year.

For more information about divorce mediation in Boston MA, family law mediation, and other forms of private dispute resolution such as arbitration, please feel free to visit www. LevineDisputeResolution.com, including blog and newsletter archive, which you may receive directly by clicking the RSS button.

Categories
Child Support Children Divorce Law Family Law

Occupy Mum Walks away from Family, Gains $85,000 in Divorce Settlement

Stacey Hessler, the mother who abandoned her four children, banker husband and warm bed in Florida to join protesters in the Financial District close to Zuccotti Park has made headlines again. This time, Hessler is in the news for divorcing her husband of 19 years, relinquishing custodial rights to him and literally taking him to the cleaners with a whopping $85,000 settlement. Many might recognize the stark irony of the divorce settlement. Here is a “professional protester” as the divorce filing lists her occupation, raking money in from the very institution she protests against on Wall Street! It is the height of contradiction. Listing her (ex) husband as a banker on an annual salary of $65,000, the ‘Occupy Wall Street’ employee’s annual income was recorded as $0 on the divorce filing initiated by her husband, Curtiss.

The reason for the divorce is reportedly listed as “irreconcilable differences”, which does not come as a surprise, given that Hessler’s chosen life style since abandoning her family to join Occupy has become significantly different. Chosen life style, divorce payout and other facts aside, Stacey Hessler raises, yet again, the issue that we are most concerned about at Provda Law Firm; the real casualties of divorce. Stacey has left four children without a mother to become a professional protester and to pursue her own interests. Divorce, one can safely assume, became the unavoidable for a variety of reasons; all associated with Hessler’s choice. While there is no scrap of evidence or fact to suggest that Curtiss, the ex-husband, will be unable to adequately cater for the financial, emotional and other needs of the children, the fact remains that they stand a higher risk of being psychologically affected by what must seem to them as a mother’s rejection. Research confirms that children from broken homes suffer emotional and behavioural needs more than their counterparts from homes where the parents remain together.

The direct implication is felt on society in many ways, including the vicious cycle in the relationships and marriages of many of the affected children. At Provda Law Firm, we encourage parents going through divorce to always put their children’s interests first; to think beyond the pain, hatred, anger, disappointment or any other negative emotion they have towards the other party and to focus on their children’s future. The salient question should be whether or not the other party is able to contribute positively to the children’s lives. An answer in the affirmative means that concerted effort must be put into ensuring that the children do not suffer more than they necessarily have to on account of the divorce.

Stacey Hessler may have abandoned her four children and husband, she may be nearly $90, 000 richer directly or indirectly from the institutions she now fervently protests against, she may be many things to different people, depending on the view point, however by giving custody of the children to her apparently more stable ex-husband, it would seem that she had their best interests at heart at the end of the day. Although some might say she has a rather funny way of showing it.

This article was written by Bruce Provda, a New York divorce attorney. For advice on divorce, child custody, support and maintenance as well as other related family law issues in the State of New York, call Bruce Provda at Provda Law Firm, 40 Wall Street, 11 Floor, New York, NY 10005, (212) 671-0936 or visit his divorce law website.

Categories
Divorce Law Family Law Marriage Pre-nuptial Agreements Separation Law

The Advantages –and Disadvantages– of Prenuptial Agreements

Getting married is one of the most exciting periods in life. The joy of spending life with your partner is constant, but while you may be euphoric, it’s important to come back to reality and consider the financial impact of your partnership. While prenuptial agreements can be a strong safeguard for your pre-marriage finances, they can cause painful emotions and feelings of resentments. Here are some of the pros and cons of prenuptial agreements.

What is a Prenuptial Agreement?
A prenuptial agreement is simply a legal contract that separates your pre-marriage finances from the ones you possess in a partnership. In the event of a separation or divorce, the prenuptial agreement protects your ownership over those finances. If you don’t have the protection of a prenuptial agreement, your pre-marriage financial assets are at risk of being split if a divorce does occur.

Financial Protection
This is the first big one. Being able to have in writing what you’d like to do with your money in the event of a divorce or death is serious protection. If you have children from a previous marriage or have experienced a costly divorce in the past, signing a prenuptial agreement can ensure that if things don’t go as planned, you’ll still be able to stay financially afloat. While it’s unpleasant to think that your wonderful partnership could end in divorce, keeping that in mind while signing a prenuptial agreement will help you realize it’s for your financial protection.

Trust Issues
This is the biggest downside: while there are no statistics on how many prenuptial agreements are signed per year, the divorce rate in the United States continues to hover around 45%. While no one can be sure if this is due to prenuptial agreements, asking your partner to sign such a document can make them feel alienated, suspicious, or betrayed. Be sure to carefully outline your concerns before broaching this subject with your loved one.

Security
Often times one of the main boons of marriage is the guaranteed financial security for the less affluent spouse, or even for the spouse who is unemployed or underemployed. If one partner enters the union without a large amount of assets, and chooses not to work during the marriage, in the event of a divorce that partner will still have access to his/her spouse’ s premarital finances. Upon signing a prenuptial agreement, if one partner enters the marriage wealthier than the other, it will stay that way if a separation is to occur. This agreement then helps to ensure that both parties are marrying for purposes other than financial security.

Emotional Issues
While it’s nice to believe that these issues can be looked at logically and rationally, setting aside emotions during this process can be a difficult task. While there are many partners out there who support the financial independence of their spouse, many might take this suggestion as an assumption that one party is only in it for the money. This can take an emotional toll on both partners from which it’s difficult to heal.

Choose Wisely
When it comes to prenuptial agreements, each scenario will be best suited by a different act. If you’ re unsure about what to do, talk over the issue with friends, family, and most importantly your spouse, in order to understand your needs and prepare for the future.

This article was contributed by Sandy Wallace, an aspiring lawyer who loves to share his far-reaching knowledge of law with anyone who will listen. Sandy writes on behalf a Denton divorce lawyer from Hammerlie Finley Law Firm –Texas’s passionate, personable divorce and family lawyers.

Editor’s note: See also our guide to some of the best Texas family lawyers here – based on reviews, ratings and more.

Categories
Divorce Law

Divorce Basics

Divorce is never easy for you or your family. At the end of the day you are divorcing your spouse; not your home, kids, or bank accounts. Here is a little foundation on what is needed to begin the steps of divorce in Alabama.

 Starting the process

Once you and your spouse have decided to file for divorce, where do you go from there? The Birmingham attorney’s at Parkman & White are experienced Alabama divorce lawyers and will help you through this life event.

The Requirements

In order to get a legal divorce in the State of Alabama at least one of the spouses must have been a legal resident of Alabama for a minimum of 6 months prior to filing for the divorce.

 Legal ground for divorce

Alabama requires that the filing party list a reason for the termination of the marriage or divorce. In Alabama spouses can file a “no fault divorce” where the marriage was bound to end on its own terms. Or a party can list that the divorce is due to the other party’s fault, this requires the filing party to present evidence of the fault.

  • Adultery
  • Crimes against nature
  • Spouse has been out of the home for at least 1 year
  • Spouse has been in jail for over two years
  • Physical abuse
  • Confinement to a mental hospital for over 5 years
  • Wife was pregnant at the time of marriage without the husbands knowledge
  • Drug or alcohol addiction

 How long does the process take?

Divorce can be a long and painful process. Thankfully the Birmingham divorce attorneys at Parkman & White have lots of successful divorce law experience and can help you navigate through the process. No-fault divorces are generally a shorter process than contested divorces. Marriages with children and considerable assets also extend the process period. Each divorce is unique if the divorce is a faulted one; there are a number of children, and a high amount of assets the divorce period can extend several months.

Categories
Child Custody Child Support Children Divorce Law Family Law Property issues

A Tampa Collaborative Divorce Can Save You Money

When most people think of divorce, they envision scenes from War of the Roses or Kramer vs. Kramer. Yet more people in Tampa Bay are learning that there is another way, collaborative divorce, which is just a sensible method to resolve private family disputes. However, just as mediation was characterized in the 1980’s and 1990’s as a rich person’s option, many people think that the collaborative process is only for the very wealthy. Not only attorneys, but also a collaborative facilitator and financial professional are retained, so only the very rich can afford the collaborative model, right?

Wrong.

A four year study conducted by the International Academy of Collaborative Professionals found that 87% of female participants and 47% of male participants of collaborative family law cases had an annual income of less than $100,000.

Though the collaborative process may not be the cheapest in all cases, it has a substantial opportunity to save you money as compared to the courtroom battles we have all come to associate with divorce.

First, child issues, such as custody schedules and decision-making authority, are some of the most emotional and costliest issues in family law matters. Lawyers in courtroom cases tend to prepare interrogatories (questions) to be answered under penalty of perjury, set depositions, conduct opposition research to put the other spouse in the worst possible light, and prepare for trial. Attorneys’ invoices pile up along each stage of this process. Alternatively, these fees and costs can be greatly reduced in the collaborative process where facilitators, who usually are licensed mental health professionals, can cut through the clutter of emotionally-charged issues and bring the clients (and lawyers) to focus on the future and best interests of the children.

Similarly, a financial professional (who is usually either an accountant or financial planner) adds cost-saving value to the process. In litigated cases, lawyers prepare “requests for production of documents and things” that demand reams of financial documents which could conceivably be relevant. Searching for those documents cost clients tremendous time and money while, when received, the requesting attorney will spend countless billable hours meticulously combing through the documents. In the collaborative process, on the other hand, the financial professional will only request documents that are necessary to make an informed settlement option. His or her expertise in finances enables the financial professional to review and assess the documents and develop settlement options more quickly (and often times at a lower rate) than attorneys.

Finally, the dirty little secret in family law is that the vast majority of litigation cases eventually settle. However, because having a judge decide on the parties’ personal matters always remains a threat, in traditional courtroom divorce the attorneys will always work on two tracks: (i) attempt to settle the case while (ii) conducting opposition research and preparing for the courtroom battle in case the parties cannot come to an agreement. In the collaborative process, attorneys are retained solely for the purpose of settlement and are contractually barred from taking disputes to be decided in court, and so they are not racking up those billable hours planning to fight it out in court.

Now, back to the question, is collaborative divorce only for the wealthy? Absolutely not, and I would be happy to speak with you and talk more about how the process can help your family.

If you have questions regarding how a Tampa Bay collaborative divorce process can help you, schedule a consultation with attorney Adam B. Cordover at (813) 443-0615 or fill out our contact form.

Adam B. Cordover is Vice President of the Collaborative Divorce Institute of Tampa Bay and is a member of the International Academy of Collaborative Professionals. Adam spearheaded the taskforce that drafted the Hillsborough County collaborative family practice administrative order signed by Chief Judge Manuel Menendez.

Categories
Divorce Law Finance

Protecting Your Assets During a Divorce

protect your assets divorceWhen John and Emily married 15 years ago, they both thought the marriage would last a lifetime.  After 10 years in a colonial-style home, 2 children and 3 dogs, their marriage looked picture perfect, especially with the white picket fence that surrounded Emily’s prize winning roses.  Last year, John lost some investments and started gambling to ease his stress.  His secret gambling made financial issues even worse.  Emily, unaware of their family’s financial distress, continued her duties as a homemaker and volunteering at her daughter’s school.  Had Emily known of the financial distress, she would have taken a job to help ease some of the debt, but because John was always in charge of finances, Emily had no idea of how bad their situation was.  One weekend, John had gone on a “business trip” (which ended up being an expensive trip to Las Vegas) and Emily was unable to withdraw funds from an ATM machine.  Shortly after John’s unsuccessful gambling trip, there marriage began to fall apart and divorce seemed to be the best option for their young children.  Because Emily has little control of their money, she doesn’t know how to proceed with protecting her assets during the divorce. Charles Ullman and Associates understands that during divorce, life has been turned upside down and can cause financial and emotionally challenging moments.  What can Emily do?

Avoid Losing Everything: Protect Your Assets

Often times, in a marriage, one spouse takes charge of finances. Unfortunately, in the event of divorce, the other spouse has no idea how to deal with their finances, leaving her/him at great risk for financial distress after a divorce.  Protecting your assets during divorce can make the whole process a little less stressful:

  • Familiarize Yourself with Financial Statements:  Financial statements, tax forms and other important financial paperwork can be overwhelming, hard to organize, and even harder to understand, but it’s helpful to know how your household’s income is being spent.  Even if you are not the “breadwinner”, you have the right to know where the money goes.  If you find something suspicious or something you don’t understand (and don’t feel comfortable confronting your soon-to-be ex), talk to a financial planner, lawyer or accountant.  Additionally, make sure you make copies of all the financial information and keep it in a safe place.  When you meet with your divorce lawyer, he/she will help you decide what information you will need for your settlement.  It’s better to be over prepared than not.

 

  • Establish Your Own Credit:  If you have a shared credit account with your spouse, it’s important to pay close attention to credit card statements, as one spouse may use a credit card more often than the other.  If your spouse has poor credit, it may affect you, even after the divorce.  If you are able, try to get your own credit card account before you divorce.  While may stay-at-home, non-income earning spouses find it difficult to establish credit, The Credit Card Accountability Responsibility and Disclosure Act (CARD Act) made changes allowing non-working spouses set up their own line of credit, according to the Consumer Financial Protection Bureau.  Additionally, it may be wise (if you don’t already) to set up your own bank account.

 

  • Make Sure Your Name is One Everything You Own with Your Spouse:  Depending on what you purchased together, if it is a valuable asset, make sure that your signature (as proof of part ownership) is on all the proper documents.

Divorce can be a financially, emotionally, and mentally exhausting process.  While you should always have a good handle on your finances, even if you don’t make all the money, it is even more important during the separation or divorce process.  Don’t let your divorce leave you penniless and powerless; get your documents in order!

Categories
Civil partnerships Cohabitation Law Divorce Law Family Law Marriage Pre-nuptial Agreements Separation Law

The Marriage (Same Sex Couples) Bill: legal update

Background

Civil partnerships were introduced in the UK in 2005, but legislation such as the Matrimonial Causes Act 1973 has historically prevented the marriage of same sex couples.  In a bid to step closer to equality, the Coalition Government introduced the Marriage (Same Sex Couples) Bill (“the Bill”) which will legalise the civil and religious marriage of same sex couples.  If the Bill receives Royal Assent it will undoubtedly mark an important milestone in the battle for equality.  A number of YouGov surveys published between 2012 and 2013 reveal that although the precise figures vary, the majority of participants have confirmed their support of the legalisation of same sex marriage.

On overview of the area

While the majority of the British public appear to be in favour of same sex marriage, presumably many of us anticipated that making it legal would simply require the Government to extend the current legislation to include the gay community.  However, some unanticipated difficulties have arisen during the drafting of the required new legislation.

One of the main causes of confusion that has arisen is that under the present drafting adultery will only be a ground for divorce if the adultery has taken place between the cheating spouse and a member of the opposite sex.  In other words, if two men are married and one of them is unfaithful with another man, his husband will not be able to petition him for divorce on grounds his adultery.  Instead, he will have to rely on grounds of unreasonable behaviour.  If, however, his husband were to be unfaithful with a woman, the aggrieved husband could petition for divorce on grounds of adultery.

There has been concern that some couples will choose to wed to benefit from tax and other reasons disassociated from traditional factors such as love and children.  Others argue that those who take this view are simply opponents of same sex marriage seeking to opportunistically discredit the viability of the Bill.

The Marriage (Same Sex Couples) Bill was not featured in the Queen’s Speech this year, but it continues to progress speedily through the House of Commons and is expected to reach the House of Lords in June.  The Bill may be subject to amendment on its way to Royal Assent and once it becomes law certain aspects may be made subject to judicial interpretation (for example, notions of consummation and adultery seem particularly vulnerable to litigation given the unanticipated difficulties).  Despite the technical difficulties faced by the legislators so far, the majority of the British public supports the right of same sex couples to marry and we are well on the way to making it legal, despite some bumps in the road.

For more information on same sex marriage of any area of family and matrimonial law contact Lisa Kemp

Categories
Divorce Law

Georgia Supreme Court Awards Wife Sole Possession of Marital Home

(US family law) With the number of divorce cases in the news and with high divorce rates across the nation, it seems like everyone knows something about divorce law these days. While many of us, lawyers and non-lawyers alike, have some exposure to family law, a recent divorce decision handed down by the Georgia Supreme Court shows that divorce and family law issues are far from simple.

In Graham v. Graham, the Court faced the question of whether a divorcing couple’s marital home is subject to equitable division or whether the home was separate property belonging only to the wife. Although title of the house was solely in the wife’s name, a portion of the funds used to buy the home came from sale of the husband’s own property. However, the trial court decided that the wife was entitled to sole possession of the house, as the husband had “gifted” it to her to protect the property from creditors. The Supreme Court agreed with the trial court, and awarded the wife sole possession of the marital home. While the Supreme Court’s decision was based in large part on procedural grounds, the decision nonetheless demonstrates the complexity involved when dividing marital assets in a divorce case.

Division of Marital Property in Georgia

How property is divided in a divorce case varies by state. Georgia is an equitable distribution state, meaning that any property or assets acquired during the marriage, called marital property, is subject to division. Marital property can include personal property such as bank accounts, insurance policies, and retirement accounts as well as real property, such as the family home. Separate property is anything that was acquired before the marriage or during the marriage if it was acquired by gift, inheritance, or similar means. While marital property is divided when a couple divorces, separate property is usually not subject to division.

Although the distinction between marital property and separate property may seem clear, there are many exceptions and situations where the rules are more complex. For example, even where the couple shares a marital home, if the house appreciated in value during the marriage, one party may be entitled to an equitable portion of the appreciation. As the Georgia Supreme Court demonstrated, even the couple’s marital home may be treated as separate property in some circumstances.

Navigating the Divorce Process

The division of marital property can be a complicated and time-consuming process. A divorce is usually a trying time for many couples, and dividing assets and property can often lead to heated disputes. If you are facing a divorce, it’s essential to consult experienced divorce lawyers to ensure your interests and your assets are fully protected.

Categories
Child Custody Children Divorce Law Family Law Separation Law Surrogacy Law

Case law update: Child Abduction

Parental child abduction cases are on the rise. In December 2012, the Foreign and Commonwealth Office launched a media campaign in which they revealed that parental child abduction cases had risen by 88% in under a decade. Between 2001 and 2011 there was a 206% increase in the number of children being taken to a country which has not ratified the Hague Convention on child abduction, making it much harder to arrange for the children’s return.

In two recent cases the main issue for the courts has been in determining where the children are habitually resident, and therefore whether they should be returned to the country from which they have been taken.

Child Abduction Case 1 – R v A

In R v A [2013] EWHC 692 (Fam) the parents originated from Zimbabwe and moved to California following their marriage. Their two oldest children were born in California and their third child was born in England. The parents had travelled to England on what the father claimed to be a temporary visit for the sole purpose of the caesarean section delivery of the third child. Following the birth, albeit after some delay due to medical complications, the family returned to California. Thereafter, the mother removed the children from California and brought them to England without the consent of their father.

In determining that the children were not habitually resident in England, the court considered the mother’s witness evidence to be “unimpressive” and inconsistent. The children’s stay in England had not become an ordinary part of their lives and the mother did not own a home there. An order returning the children to California was made.

Child Abduction Case 2 – FT and NT

In FT and NT (Children), Re [2013] EWHC 850 (Fam) both parents were British nationals who were born in the UK. Two years after the birth of their second child, the family relocated permanently to Canada. Whilst the father conceded that the move was intended to be permanent, he claimed that he made the decision to relocate conditionally on both parents finding jobs, being settled and being happy. The parties separated soon after their relocation.

The father maintained that there was always an agreement between the parties to return to the UK if either or both of them was unhappy in Canada. He contended that whilst the intention was to settle in Canada, this was never achieved.

The court dismissed the father’s assertions and found that there could be “no other conclusion” than that the children were habitually resident in Canada at the time of their removal by their father. The evidence in favour of this decision was “overwhelming” and included such facts as the family home in England having been sold six months before the move, the mother attaining employment in Canada and the enrollment of the children in a Canadian school and nursery respectively. The court accordingly made an order returning the children to Canada.

In 2011/12, children were abducted to 84 different countries. The Foreign and Commonwealth Office is limited in how it can assist parents whose children have been subject to parental child abduction, particularly where they have been taken to countries which have not ratified the Hague Convention. If you are concerned that your child is at risk of parental child abduction, you should contact a child abduction solicitor as soon as possible.

You can also download a help pack from the Reunite website at www.reunite.org.

For help and advice relating to child abduction cases, or any other area of family and divorce law, contact Lisa Kemp

Categories
Divorce Law

Divorce Mediation: Shouldn’t it be the New Normal?

By William M. Levine and Hon. E. Chouteau Levine (Ret.)
Levine Dispute Resolution Center LLC
Westwood and Northampton, MA

Everyone has heard about the “War of the Roses”, even if they have not seen the iconic 1989 movie rendition of spouses gone wild. Millions of real life people have experienced emotional and litigation excesses that have sabotaged any chance of future cooperative parenting, robbed them of their dignity and nearly bankrupted them; less colorfully perhaps than the Roses, but in their own lives, no less tragically. There is a better way that works for most cases, most of the time: divorce mediation.

Mediation is a facilitated discussion in which the parties mutually identify legal issues that require resolution, exchange information and negotiate solutions. Rather than be “opponents” in a court process based on the concept of “winning and losing”, the skilled mediator works with the parties to differentiate between what they want and what they need. Together, they probe those identified interests in a search for overlap and complementary needs, rather than highlighting and exaggerating differences. The result: lower costs, greater privacy, minimized damage, reasonable and reasoned results and, sometimes, even enhanced communications going forward.

This process is voluntary, private and confidential, three attributes that do not exist in court. The engagement begins with the selection of a mediator. The parties may interview one, two or ten mediators. It does not matter. The selection is theirs and theirs alone. So, too is the location, which part of the mediator’s “package”. Whomever the mediator, his or her space will be set up to handle mediating couples comfortably, and not to try cases as with any courthouse. Public exposure is minimized. Instead of airing personal issues in front of strangers, friends and neighbors in a public courtroom, discussion occurs in a private and calm setting. Before the actual mediation starts, people sign a mediation agreement, which in Massachusetts triggers, in turn, mutual promises not to use things that are said, written or offered in mediation against either party in court, should the mediation ultimately fail. People need to speak freely and without fear of giving “ammunition” to the opposing lawyer in court; and mediation provides that.

Divorce mediation is flexible, efficient and cost-effective. There are many different kinds of mediation. Sometimes, the parties will meet alone with the mediator and work that way throughout their case. Other people mediate with their lawyers present and giving advice throughout. Some cases mix the two. Some people want the mediator to focus solely on keeping the conversation progressing and constructive. Others want mediators to provide guidance in the form of “evaluation” of facts and law so that the parties know a lot about “what a judge might do” in their situation. Both may happen; and the parties themselves make these choices.

They also decide together what information they each need to see and review so as to understand the issues and possible solutions. In court cases, rules and customs “entitle” people to get enormous quantities of information from each other and from others, because it could be relevant; but, so often, it just does not matter. Streamlining information exchange is just the start of cost-effectiveness. In mediation, the parties determine the costs that they will expend by the time they use literally and gradually. Gone are the early courthouse visits for preliminary matters that suddenly and shockingly drive up costs, always doubled to compensate two law firms, leaving parties feeling financially crippled before they even start negotiating. In mediation, the costs for one mediator are split, and to the extent that people are relying on lawyers during the process, the role of counsel is supportive and extremely time-limited. In almost all cases, mediation leads to lower, and often dramatically lower, costs.

Divorce mediation sessions are direct, civil and controlled. Most people who come to mediation are neither bullies nor pushovers. They are often upset, confused and uncertain; but they have all begun the process by making a mutual choice. It is to confront their problem with the person most intimately involved in a safe place to talk openly, with genuine feeling rather than strategic displays of emotion, and with a focus on problem solving, instead of “winning”. There are generally few session rules except for basic civility, and this baseline expectation is almost always met. If things veer in an unproductive direction, a skilled mediator will intervene and bring people back to the topic at hand when necessary, without stifling or putting down the genuineness of the feelings expressed. Mediation sessions rarely end prematurely but if they must, they do, to let heads cool and to let both people recalibrate as necessary. In the end, because the parties have “talked it out” themselves, and the agreement is a product of their own work, the people “own” their settlement and generally will fulfill its terms, in the end.

Well-mediated agreements are comprehensive, tailored and technically correct. Court decisions are brief, skeletal and often cookie- cutter resolutions. That is no one’s fault: the courts are overwhelmed by demand, underwhelmed with resources and limited in what the law provides that they may do. Negotiated agreements allow for more creative solutions and cover every issue that the parties wish and need to address. Good mediators will understand applicable law, procedures and taxes. With sound legal advice, the drafting process is just as protective as agreement drafting in anticipation of or in the midst of litigation. If the mediator drafts, he or she crafts “from the middle”, promoting fairness and balance and avoiding drafting as a game of “gotcha”. Qualified drafters are qualified drafters; and mediators who are excellent drafters will “get it right” just as any equally qualified representing lawyer would.

For sure, there are some cases that just have to go to court. These may involve domestic violence, extreme financial dishonesty, completely shattered trust, or legal issues that are so unsettled or amorphous that people just can’t reach agreement without a source of authority – non-existent in mediation – to decide matters for the parties. But these cases are relatively few. Most divorcing couples are unhappy and anxious, but most of them can identify with the desire to preserve the ability to co-parent and grandparent long into the future, to save money and to preserve emotional resources for the many other challenges of a reconfigured family life.

So, is mediation the new normal? The answer is that it is “not yet”, but each year it comes closer. It is a relatively new (three decades or so) discipline, and as word spreads, while court related costs and proceedings spiral out-of-control, this process gains greater acceptance daily. We believe that mediation should, and someday it will become the new normal.

Until that day, how many couples and families will unnecessarily agonize, antagonize and overspend?

For more information about divorce mediation in Boston MA, family law mediation, and other forms of private dispute resolution such as arbitration, please feel free to visit www. LevineDisputeResolution.com, including blog and newsletter archive, which you may receive directly by clicking the RSS button.

Categories
Divorce Law Family Law Separation Law

Some Same-Sex Couples are Denied Divorce

It seems same-sex marriage is all the talk these days – which states allow it, which states ban it.  But what about same-sex divorce?  Why is no one paying attention to the laws that surround the dissolution of a union?

Imagine the Following Hypothetical Story:

Jane and Jill wanted to get married.  Their state didn’t allow same-sex marriages.  So, they traveled to one of the USA’s nine states that did allow such a union.  Since the state didn’t have a residency requirement, they were able to just pop in for a few days.  After the honeymoon, the couple returned to their home and proceeded with life as usual.

Several years down the road, married life began to loose its luster.  Both Jane and Jill wanted to end the marriage.  Things just weren’t working out.  However, their state didn’t acknowledge their union from the very beginning.  Therefore, the state said there wasn’t anything to dissolve.  Divorce wasn’t an option.

Do They Need a Divorce?

At this point, about the only option Jane and Jill have is to relocate to a state that allows same-sex marriages so they can get a same-sex divorce.  While the law varies from state to state, most have a six month to two year residency requirement for divorce.  Can you imagine?!  “Honey, I don’t want to be in a marriage with you anymore, but let’s pack up all our earthly possessions, quit our jobs, sell our home, move across the country, and start a new life – even though we can’t stand the sight of each other.  Don’t worry.  This is just a temporary situation.  After a few years, you’ll finally be rid of me.”

So, do Jane and Jill even need to worry about divorce?  If their home state doesn’t see them as married, why do they need to be divorced?

If one spouse gives birth to a child, the law presumes the other spouse is the parent.  Additionally, neither spouse can re-marry or enter into a civil union with a new partner without setting themselves up for bigamy charges.  And what happens to their home, assets, and life insurance policies?

While many people are interested in the legal termination of their marriage, the emotional dissolution is sometimes just as valuable.  People need closure.  Divorce usually provides that.

What to Expect

Deborah Wald of the National Family Law Advisory Council for the National Center for Lesbian Rights says Jane and Jill are “wed-locked.”  This precarious position is one no one wants to find themselves in.

If a couple is wed-locked, they can expect a difficult legal battle.  For starters, the process is very confusing to nearly everyone involved.  Therefore, there is the potential for lots of honest mistakes to happen.  In the meantime, the situation will probably be very expensive to get sorted out.

If Jane and Jill want to get a divorce in their home state, a state that doesn’t recognize their union, they will have a difficult fight ahead of them.  One such couple was recently able to get a divorce because they were able to prove the situation unconstitutional – they didn’t have a remedy for getting out of their marriage.

Other divorce lawyers push for nunc pro tunc (retroactive to an earlier date) judgments.  Either way, same-sex divorce is very, very different from heterosexual divorce.

What’s the Difference?

As of now, there is no universal rule for same-sex divorce.  Since it isn’t recognized on a federal level, retirement packages aren’t easily divided up.  Other financial issues may arise, and tax ramifications are usually different for same-sex divorce too.

Child custody cases tend to be very ugly in same-sex divorce.  The child is biologically related to one parent, but not the other.  This can cause some serious problems, even if both parents raised the child since birth.  Legal rights for non-related parents are tricky.

In a perfect world, a gay couple would have a prenuptial agreement.  This is about the only way to navigate safely – with minimal drama – through the divorce process.

In addition to legal differences, same-sex marriages differ from heterosexual marriages on an emotional level too.  A lot of divorced gay people feel a much larger sense of guilt.  Since same-sex marriage advocates have fought so hard for their right to marry, the destruction of the marriage seems like a much bigger failure.  Married same-sex couples often feel like role models for the gay community.  While it certainly isn’t true, they feel their divorce is letting everyone down.

What Do You Think?

What are your thoughts on same-sex divorce?  Should states offer an out to unhappy couples, even if they don’t offer same-sex marriage?  Do you think gay couples should even worry about divorce if things like property and children aren’t involved?  Let us know what you think!

 

Guest author Jessica Velasco works for a Clearwater divorce lawyer.  Since Florida doesn’t allow same-sex marriage, she was recently approached by a wed-locked couple seeking a divorce.

Categories
Divorce Law Family Law Separation Law

Legal Separation vs. Divorce

(Guest post from a US family law firm) The dissolution of a marriage can be an emotional difficult and financially draining uphill battle. Many couples who are considering divorce opt for a legal separation in order to test the waters before taking the steps to divorce, which can often be an uphill battle. While a divorce is a proceeding that legally dissolves a marriage and allows each party to go on to embark on separate lives and romantic relationships, a legal separation allows a couple’s marriage to remain intact while the parties live separately.

A couple becomes legally separated when they wish to remain legally married, but live lifestyles that are removed from one another. The parties separate and receive a court order regarding issues similar to those they would come across in a divorce, like the division of property, alimony, child support, custody and visitation. Alimony and child support for legally separated couples are gained through a motion “pendente lite,” which is Latin for “while the action is pending” or “during litigation.” This motion is more commonly known as a separation agreement, and exists to protect the parties’ interests until a final decision to file for divorce is made. Separation agreements are not to be taken lightly, as they take precedent in divorce proceedings. A judge commonly assumes that the spouses in legal separation are pleased with the separation agreement, and will assign divorce conditions accordingly by simply converting the separation agreement to a mirrored divorce agreement.

While getting a legal separation in order to allow time to attend counseling or be sure of their decision before a divorce is common, far more uncommon is couples who opt for legal separation rather than divorce entirely. These couples usually choose legal separation for religious, financial or personal purposes. Most religions frown upon divorce, so especially religious parties will choose a legal separation in order to continue on with their own lives while remaining married for religious purposes. In many cases couples can benefit financially from remaining married. Maintaining a ten year marriage qualifies couples to take advantage of certain social security benefits, and marriages in which one or more spouses is a member of the military have especially profitable options.

An important aspect of a legal separation is that parties may not enter another marriage or domestic partnership while separated. To file for separation, one party must reside in the county where the papers are filed at the time the case has begun. There is no required length of residency for a legal separation. If you are facing the difficult decision of filing for legal separation or divorce, consult with a family attorney who can help guide you on your path.

Categories
Child Custody Child Support Divorce Law

Are Child Custody Laws Biased Against Fathers in Washington State

Changes in child custody law reflect the changes in American families that have taken place over the last several generations. Earlier eras assigned child care duties to the mother and tasked the father with supporting the family’s economic needs. While this traditional structure still prevails in some families, many homes today see both parents working outside the home and sharing child care responsibilities. There are also families today in which the father takes care of the children while the mother serves as the breadwinner.

While the structure of families has evolved greatly in modern times, child custody laws in some states have failed to keep pace. Some fathers trying to win custody of their children may be confronted with archaic statutes that preference maternal rights and leave fathers wondering if child custody laws are biased against them.

Washington Child Custody Laws Are Gender Neutral

Child custody statutes vary by state. While a handful of states retain an explicit preference for awarding primary custody to the mother, the state of Washington has adopted a gender-neutral standard. In Washington State, as well as many other states across the country, the prevailing factor in child custody cases is what outcome is in the best interest of the child. While there is no guarantee that a father won’t encounter a biased judge, the laws in Washington regarding child custody make no reference to gender. In fact, in Washington divorce cases, state statutes encourage parents and judges to agree to joint custody whenever possible.

In Washington State, joint custody may be awarded if the following minimum conditions are met: each parent is active in making decisions for the child, the proximity of the parents allows a joint custody arrangement to be feasible, and the parents are willing or able to work together to serve the child’s best interests.

If one parent is awarded sole custody, the non-custodial parent will usually be awarded visitation rights. Visitation rights are granted in almost all circumstances, except in cases of abuse or abandonment. Child support in Washington may be ordered of either parent, regardless of gender.

Custody Cases in Washington State Require a Parenting Plan

Washington law requires parents who are fighting a custody battle to submit, and eventually agree to, a parenting plan. Each parent may draw up their own plan and then negotiate a final agreement in front of a judge or mediator. Alternatively, both parents may agree on a joint parenting plan by themselves, and then present it to a judge for approval.

Parenting plans will differ for each family, and joint custody is often different from equal custody. Although Washington law does not preference maternal rights, it does allow that the best interest of the child may require a majority of his or her time to be spent with one parent. While gender is not a factor is assigning these responsibilities, the courts will take into account each parent’s financial status, work schedule, proximity to the child, the existing relationship between the child and each parent, and the parents themselves.

Fathers Often do not Fight for Child Custody

Statistics demonstrate that nationwide, mothers are granted sole custody more often than fathers. These statistics do not necessarily represent a legal bias against fathers; the fact is that many fathers do not ask for sole or joint custody, but cede these rights without contest. In Washington State, there is no legal reason why a father seeking to protect the best interests of his children should not get a fair hearing.

About the author

Kevin Danielson is a freelance writer who concentrates on a variety of legal topics such as Personal Injury, Brain Injuries, Family Law, Intellectual Property and others as well.

Categories
Divorce Law Finance

Divorce and the Division of Debt

(U.S. Family Law and generally) Almost everyone dreams of one day meeting the person that they’ll grow old and die with. Movies like Titanic, Romeo and Juliet and Eternal Sunshine of a Spotless Mind give people hope that a perfect love exists out there for each of us. Unfortunately, individual love stories can end much more abruptly, and sadly, this can leave one or both of the spouses struggling with debt. Most people fail to realize that debt is distributed much like property after a divorce, so it’s important for every individual to recognize the consequences of marital debt prior to ending their nuptials.

Division of Debt after DivorceWhen two people get married, they basically legally become one. This means that the debt that accrue is shared. When the two get divorced, they must distribute this debt in a fair and equitable manner. A few states make the distinction between “community” and “separate” debts. Community debts would be those that each spouse had an equitable share in (ie. mortgage, car loan) while separate debts would be those which were mainly accumulated by one spouse (ie. loan for golf clubs).Community debt, in the applicable states, is divided equally amongst the spouses while they hold onto their own separate debts. In equitable distribution states, however, everything accumulated during marriage, including debt, is divided equitably between the two spouses. The majority of states in the United States handle divorces in this matter.

Consequences of Marital Debt

There are a number of consequences of marital debt after the committed relationship ends. Unfortunately, a person is often left with debts that they now have to pay on just one salary as opposed to two. Even worse, many marriages end with only one spouse having worked throughout the relationship, so the other spouse can be left with huge bills and no means of paying them.

The worst thing that can happen after a divorce, however, can occur once debts are distributed by settlement. The simple fact is that this debt distribution only works if both spouses can be trusted to take the debt seriously. If one spouse chooses not to pay on an owed debt, a creditor isn’t going to care that the marriage is over; they’re just going to want their money from one or both of the former spouses. In the end, this can destroy a person’s credit without them even realizing it.

Avoiding Debt Issues after Divorce

There are several ways to handle debt during a divorce. One of the best ways of doing so is to pay off all debt before filing for divorce. This will ensure that it’s unnecessary to keep up with whether or not an ex-spouse is making proper payments on a shared debt. In addition, divorce settlement negotiations can be used to decide who owes what, but as previously mentioned, this simply places faith in a spouse to keep up with payments.

Unfortunately, many spouses only end up thinking about the shared debt of marriage after it has caused damage to their credit. In these cases, it’s pertinent to speak with a credit repair and counseling agency. Though it may be possible to settle debts on one’s own, a person will usually end up spending much more on a settlement than they need to. Professional companies can work on consolidating, transferring and reducing a person’s overall debt after a divorce.

Divorce is a disheartening time in anyone’s life, and unfortunately, if unprepared, the accumulation of debt can make these times even more difficult than they otherwise would’ve been. Luckily, there are a few surefire methods to decrease, if not eliminate altogether, many of the consequences of marital debt. Just because a person’s marriage is ending doesn’t mean their life has to, and handling marital debt appropriately will ensure this.

Author Catherine Stephens also works as a small business consultant and contributes this article to raise awareness marriage debt. At www.debtpaypro.com you will find one of the largest providers of customer relationship management software systems within the finance industry. These tools are important in helping a credit counseling agency to properly track and negotiate your debt to make certain there are no unresolved issues after the divorce is final.