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

Exploring mediation – you don’t have to endure an ugly separation

If you’ve decided that divorce is the only way forward for your relationship, but are struggling to convince your partner/ex-partner to feel the same way, don’t panic – it doesn’t mean you have to endure a really ugly separation. You’ve probably already consulted with one of the divorce lawyers Farnham, Glasgow or wherever you live has to offer… why not talk to them about undergoing mediation of some kind?

Mediation sounds as if it might be scary, but it’s really not. It can do wonders for couples who perhaps aren’t entering into divorce with the same views; maybe one person doesn’t want to split up, or is determined to make the process as difficult as possible. At best, allowing a neutral body to help you air your views could help persuade the other person that this is the best route forward. At worst, it could at least make the process of splitting assets and custody of children a little easier.

So, what else do you need to know about mediation?

The mediator
Typically, the person assigned to mediate your case will be a trained, non-biased negotiator; an expert in viewing the facts and helping you both find the best route forward. He or she will know the full details of each person’s case and their feelings, but will have no strong leaning towards either party. If there are financial details to be worked out, they will have full access to those too; helping them help you find a path that keeps you both financially stable – as far as possible, anyway.

Mediators can also help both sides see the benefit of opting for a fair, well-thought-through custody agreement; explaining that it’s about what’s best for the children, ultimately. They are experts in tackling commonly-held arguments, such as: “Well, I brought them up whilst you went out and worked…”, or “Well, I’ve paid all of the bills for the last decade…”; something which can prove invaluable during such a painful process.

Will it work for me?
If you’re struggling through a difficult divorce, it’s probably a good idea to enter into mediation. It will help you both reach mutually-agreeable terms; something which sending lawyers’ letters back and forth can’t always promise. Dealing with each other through your legal representatives can cause anger and resentment; feelings which will only made the process a lot harder. Instead, mediation forces you both to sit in the same room and hash out any problems. Often, you’ll find that it’s a lot harder to sound off or get really angry when you’re sat in front of each other. You may be able to approach the situation with a clearer head; especially when you feel supported by your mediator.

Is it confidential?
Anything said in front of your partner/ex-partner and the mediator is entirely confidential. The mediator is not at liberty to pass on any information to a third party legal representative unless you give them strict permission to do so. What’s more, anything you say in the presence of your mediator cannot be used in court as evidence against one party. There’s only one real exception to this rule: if the mediator believes either of you or any of your children are in danger as a result of any anger you may feel, then they may deem it necessary to stop proceedings and inform the appropriate body (i.e. the police).

Categories
Divorce Law

Weston-Super-Mare a divorce hotspot

Weston-Super-Mare has been named as divorce ‘hotspot’ in England and Wales. This comes from figures from the Ministry of Justice (MoJ), which show that 2,447 divorce petitions were recorded in the town for 80,000 people in 2012.

These figures were released to inform couples of new public-funded mediation services, as they can use these to settle outside of court and pay a lot less as well as a much quicker process.

Mediation is a much simpler process for settling financial disputes as well as arranging time with children, with costs for mediation on average £500 compared to £4,000 for settling through courts.  Mediation cases normally take around 110 days but settling in court will take on average 435 days.

There are many reasons for arguments causing breakdowns in relationships, with money being the biggest and with the economic decline many are struggling, which are showing in their relationships.

Mediation services use an independent, qualified third-party to help couples arrange their financial assets and arrange child contact, so there is no need to visit a court.

Leanne is the author, a digital marketer researching divorce solicitors Kent and the family law industry.

Categories
Divorce Law

What rights do grandparents have in divorce?

Parents’ rights in a divorce are discussed widely and regularly in family law, as you would expect. Grandparents rights, however, are talked about much less frequently. This is despite the fact that grandparents are often just as eager to see their grandchildren as parents are to see their children.

When parents separate grandparents can go from being part of a solid family unit in which they can see their grandchildren regularly, to people on the periphery of a broken family where there are no guarantees of visitation. Grandparents can find themselves out in the cold, even denied access to their grandchildren.

So what rights do grandparents have in divorce?

The truth is that, unfortunately, grandparents have very few rights when it comes to seeing their grandchildren. This sad truth is often very upsetting for people who want to see their beloved grandkids, but can’t, perhaps after an acrimonious divorce or separation.

What can you do if you are an estranged grandparent?

Don’t play the blame game – You may naturally want to side with your son or daughter when they separate, but maintaining a civil relationship with their ex is wise so that they are less likely to deny you access to your grandchildren.

Talk it through – The most successful post-separation relationships occur when families make a plan for visitation that everyone is happy with. Remind the ex-in-law that you are willing to take on childcare duties and that your grandchildren enjoy spending time with you. Remain calm as much as possible in these discussions as emotions are sure to be fraught.

Avoid the courts – Court action is usually expensive and cases can become drawn out, prolonging stresses within the family and making relationships worse.

Be realistic – You have to accept that your grandchildren’s time will be split between parents, other grandparents and extended family after a divorce or separation. You may therefore not see them quite as often as before the split, but this doesn’t mean that you can’t still have a great and meaningful relationship with them as they grow up.

Seek help if necessary – If you have done everything you reasonably can and you are still being denied access to your grandchildren, you can seek legal advice from a family lawyer. The aim should be to find an amicable solution outside of the courts.

Author bio: Sam Butterworth writes for Stowe Family Law, the UK’s largest specialist law firm, run by senior partner and TV legal expert Marilyn Stowe.

Categories
Divorce Law

Solve Your Divorce Issues by Choosing the Best Family Lawyer

Divorce and other family issues can get very frustrating and messy. Whether you are going through an uncontested or contested divorce, some matters will arise that will need an expert to resolve them. Some couples may consider representing themselves during the divorce proceedings, but the presence and services of a family lawyer can significantly reduce the stress and problems that might occur during the procedure.

Family lawyers can not only represent you in the court but also provide legal assistance and advice to both parties in order to settle divorce issues. Simply put, the services of a family lawyer can help ensure that all decisions pertaining to the divorce are made properly and with the acceptance of both parties.  Here are some ways in which family lawyers help:

Providing legal advice on annulments and divorce

A family lawyer can offer legal advice and explanations of the circumstances under which a couple may seek divorce after a separation. Some states have laws that require for the filing of annulment under certain situations and within a certain period of time after the marriage, and a family lawyer’s advice and services are needed to understand and follow these laws.

Making all the courthouse presentations and filings

There are various laws at federal, state, and municipal levels regarding divorce proceedings and filings, and a family lawyer can ensure that the necessary pleadings and documents are filed properly. They can also represent you in court and put in favorable light through beneficial evidence and testimony, as well as prevent your spouse from presenting irrelevant, false, or misleading information.

Assistance during property division proceedings

It helps to maintain separate debts and accounts as some amount of protection during a divorce, but it is not enough. There are several federal and state laws that define marital property and the separation of this property, and your family lawyer can not only explain these laws but also tell you how it applies to your particular situation.

Helping through child custody and visitation proceedings

Child custody and visitation issues are determined by the various laws and procedures in various states, and family lawyers can explain the procedure in your state, what the laws are, and what your parenting rights are after entering a court order.

Guiding you through child support issues

Once again, the rules and procedures for determining the child support obligations of the non-custodial parent can vary with each state. Your family lawyer can advise about the procedure in your state and the calculations used to determine child support obligations. He or she can also explain the additions and deductions that can be expected to your child support obligation.

About the author: Guest post from a family law blogger – find services of a family lawyer here

Categories
Divorce Law

4 Ways for Successful Co-Parenting After Divorce

Guest family/divorce blog post.

Parenting after divorce can be quiet confusing, frustrating, and complex. But, it is not that difficult to raise children, coping with various challenges, making them well-adjusted and educated citizens. There are a quite a few aspects that affect your value as a single parent. Taking care of small kids is never easy, particularly for a new parent as they won’t know how to handle the little kid after separation. Many people are unsure how to be a responsible parent after divorce as they would no longer be in the same home to handle all the problems.

How Does the Court Decide the Custodian?

The court gives the decision in the child’s favor, after determining whether its future with new parent is firm or not. Considering aspects like the relationship that a kid shares with each parent and their earning capabilities, the court gives the judgment without affecting the child’s future. The following are some guidelines for co-parenting and dealing with child custody and support after divorce. These helpful tips are the major aspects of post-divorce parenting success.

Attitude Matters the Most

Your attitude plays a major role in the success of any child’s custody; if you follow your divorce case with thecommitment to make it a positive experience for the kid you love, then you’re heading down the right path. The attitude that you have, towards your post-divorcelife, is going to matter a lot. If you’re filled with negativity and poor state of mind, then you may not only lose the case, but also the custody of your ward. It is time for a change to bring in your attitude and thinking. No matter how many weeks or months you take, the decision that you make, is certainly going to affect the relationship for decades to come. So, if you want to be a successful parent after the divorce, then you must be prepared to face whatever difficulties come your way.

Perceptions

If you think that you’re a victim in the process, you should try to show that you are innocent and your claims are true. You can learn many values and benefits from divorce, while you experience the pain at the same time.

You’ll also have to accept your mistakes, and be willing to explore new ways to live your future in a positive manner. You have to take a firm decision as it would affect your child’s behaviour too. But, your perception of life after divorce will greatly determine if you’d eventually become a successful parent or not.

Take Divorce as a Positive Lesson

Many things can be learnt from a painful and excruciating experience of divorce; if you notice those thoughts as ‘gift’ to you, opportunities and wisdom you’ll never have otherwise understood,then you can move forward in life after divorce to become a wiser, stronger, and better person in life. Consider it as an opportunity to overcome your drawbacks, and don’t repeat the same mistakes while raising your child.

Respectful Parenting

Working through the difficulties and challenges of building successful communication with your ex-wife or husband is a goal, which must be performed continuously. Keep your kid in mind before coming to any final decision. Since you and your ex will be parenting your kid in case of co divorce, you’ve to start with the best possible way. Maintain a respectful relationship with your former spouse with level of dignity and awareness in all your communication.

Whatever the reason behind the separation is, try your best not to bring in your kids into the disputes, and be a good parent even after the divorce.

Author Bio

Ira Hopkins has authored many articles on choosing attorneys for co divorce, and often gives suggestion to parents to handle kids after the divorce.

Categories
Divorce Law

A Reputable Divorce Barrister Can Ease the Trauma of Separation

Guest blog post from a lawyer regarding the advantages of divorce barristers.

Divorce is a reality that many couples experiencing trouble in a marriage are staring at.

While it is always better, both emotionally and financially, to look at other means of resolving marital disputes, divorce remains a final solution that requires the services of a reputable divorce barrister.

Finding the Best Divorce Barrister

Divorce has become so common in the modern world that there are legal practitioners who are specialists in this form of judicial requirements. A reputable divorce barrister can even act as a mediator and help couples to arrive at solutions that need not have the finality of a divorce. Such barristers can also help to provide support from the emotional trauma that divorce can subject couples to.

It is always easy to go through the yellow pages or search over the Internet to find a good divorce barrister. However, it makes more sense to ask among friends and acquaintances that have gone through these actions as their personal experience will be something that can be easily related to. Legal advisors can also be a source of finding the best divorce barrister who can take a couple through the proceedings.

The experience of the chosen barrister can go a long way to easing the problems that come with divorce. Quite often, property, businesses and children can become the messy part of a divorce which needs extreme patience and time to sort out – and this is where an experienced lawyer will be of enormous help and will be able to steer you through the pitfalls and quagmire of divorce.

The divorce barrister you choose must be trained to practice so ensure that he or she has the right qualifications, certifications and licenses.

Ensuring You Get the Best from a Reputable Divorce Barrister

It is quite often necessary for both parties in a divorce suit to appoint their own lawyers or barristers. It is necessary to ensure that the chosen legal help has only your interest at heart and is in no way connected or known to the opposing parties. Discuss all aspects of the case with the barrister, especially those dealing with property division and child custody.

It is necessary that the attorney who has taken up your case is completely aware of all the facts of the case. This will enable the barrister to draw up ways to fight the case and also be sure that he or she is fully aware of the likely defence of the opposing counsel.

—————-

Keith Cronin is a lawyer with a passion for sharing his knowledge. Keith has contributed this guest article on behalf of Stobart Barristers.

Categories
Divorce Law

Problem-Solving Negotiation and Mediation vs Adversarial Negotiation

Divorce is never easy, but there are ways to make the process a little more comfortable. The usual divorce is filed in court and can take years to resolve in an adversarial negotiation. Motions, pre-trial filings and depositions all take time and previously there was no way around it.

Now, there is a move in family law towards problem-solving negotiation or mediation. Many people are surprised to know that there is another way to settle issues within the family without going straight to a lawsuit. When both parties have the same end goal and there are no other major issues, a problem solving negotiation or mediation would be more beneficial for the family.

Family law is a very complex area of law. Sometimes there is no right or wrong in a relationship, there are just two very differing views on the same matter. There are so many laws governing divorce that a divorce or child custody proceeding could go on for years. Showing up for hearings that the other party can continue can unnecessarily eat up your time. There is a way to accomplish the same end in a much more efficient and holistic way. Spending years in court is not beneficial to any party involved and all parties can benefit from the process being much shorter and efficient.

When children are involved the situation is particularly sensitive. A problem-solving process would allow parents to keep the kids from being interrogated in a court proceeding. Both parties can agree that having the children involved in the actual process is not a healthy thing and both parties can agree to insulate the children so that they are less affected by the actual proceedings.

In addition, the negotiation or mediation is generally less stressful because the result is crafted with input from both parties. When both parties have input in the outcome and not just a judge, both parties are getting something that they want. Usually, both parties do not get everything they want, but they are able to come up with a solution that works.

Guest Post Contributed by Divorcelawsusa.com
There is a way to minimize the damage of divorce and minimize the stress of the process. Splitting up is always emotional, but it doesn’t have to be done by traditional means. Negotiation can sometimes take less time because you get straight to the problem without paperwork drawing out the process. It is better for both parties to end to the relationship in an efficient and fair manner.

Categories
Divorce Law

Justice minister McNally pledges extra £10 million for divorces

Family justice minister Lord McNally has pledged an extra £10 million towards helping people bring their marriage to an end using mediation. The money is set to be used to fund extra mediation services, which are often used to avoid couples having to fight in court.

Mediation is a useful tool which can avoid upsetting and costly court battles, and might be appropriate for situations involving children or where there are a variety of different assets to split – property or cash for instance.

In a statement the Ministry of Justice said that the additional funding may help couples to avoid the “traumatic and divisive effect of courtroom battles”.

Lord McNally commented: “Going through a divorce or separation can be an emotionally draining and stressful time for everyone involved, especially for children. All too often money is wasted on expensive and traumatic court hearings that can take far too long to resolve – and that is why we want to help people to use mediation, a quicker and simpler approach which brings better outcomes.”

According to figures quoted by the Ministry of Justice the average cost incurred when resolving property and finance disputes in a divorce is around £500 – this figure increases to approximately £4,000 if these separation issues are settled in the courts.

As well as this, the average mediated case is resolved in a quarter of the time of a non-mediated dispute.

It’s positive that steps are being taken to resolve divorces in a way which save time, heartache and money for both sides. Many couples who have taken the painful decision to legally part ways may not realise that mediation is an option, but many law firms will offer it before pursuing a court resolution.

If you are interested in mediation then it is vital you opt for a legal professional with the knowledge and experience necessary to deal with complex cases. The most skilled mediators are those who strike the balance between professional and personal, bringing both legal skills and a sense of concern to their clients.

Hattons Solicitors have a dedicated team of  family law solicitors specialising in family law including cohabitation agreements, divorce law and separation.

Categories
Child Support Children Divorce Law

What’s All About Step Parenting

As a step parent, getting the legal rights of a biological parent can be a complex procedure. In California, you need to be married to or living with a biological parent, over the age of 18 and at least 10 years older than the child. Read on to find out the other requirements you need to fulfil to get the rights of a biological parent, when you are a step parent.

Read more..

About the Author
Christina M. Hernandez is the Director and Owner of Attorney Assisted California Centers in Orange, CA. Attorney Assisted is a leading paralegal service provider in Orange County, preparing and filing all legal documents. Also known as Legal Document Assistants, they are a more affordable alternative than going through lawyers for the same notary services. We also offer full divorce services, handling all divorce papers and child support orders for our clients.

 

 

Categories
Child Custody Child Support Children Divorce Law Family Law

Guidelines for Being Awarded Alimony

divorceWhen two people decide that it is time for them to end their marriage and get a divorce, the idea of alimony payments is always brought up. Alimony is a monthly financial payment from one spouse to support the other after a marriage ends. Alimony payments were historically made from the husband to the wife, the idea being that the husband was the one who worked and the wife would be the one to stay home and raise children. Since the ’70s there has been a movement in the other direction towards equality, and today where many wives support stay-at-home husbands, alimony is paid both ways.  This is determined by assessing the financial situation of each person involved and after taking into account certain factors concerning the marriage. Here are the guidelines that are followed to determine who is awarded alimony after a divorce.

Determining Who Has the Ability to Earn an Income

The main factor that is taken into consideration when it is determined which person will pay alimony is the ability to earn an income. Alimony used to be easier to determine when there was only one earner in a marriage, but in today’s world it’s far more difficult. In many cases, both members of the marriage have good careers and earn their own income, but they still wish to be awarded alimony. It can be difficult to discern which party needs the extra income. When there is only one person with an ability to earn a living because the other spouse gave up a career to raise children, then that person would be the one who would be required to pay alimony. The court also takes each person’s ability to earn a future income into consideration, so if a stay-at-home wife left a successful career, that would also count.

Determining Who Has the Ability to Pay Alimony

In some cases, neither spouse earns an income, but instead live off of a passive income. Lotto winnings, a trust fund, income from investments, or savings are all examples of passive income. In these cases, the person who the money belongs to is the one who has the ability to pay alimony, even though they are not actively earning an income.

Standard of Living and Length of the Marriage

One of the big factors of a divorce is making sure each person has the ability to maintain the same standard of living that they had during the marriage. A high standard of life would need to be maintained for each person, which would result in higher alimony payments.

The amount of time the marriage lasted is also a major factor. If a week-long marriage ends in divorce, then there would not be a significant amount of alimony paid out. However, if a marriage lasted over 10 years the amount of alimony would be significant.

It can be difficult to see your marriage come to an end, but even worse is being in a situation where you give up your career and dedicate your life to one person only to end up divorced with no form of income. Alimony is designed to protect people from situations like that, and the first step to getting alimony is to know the guidelines that are followed when determining who is awarded alimony.

If you are going through a divorce and you think you will have to pay alimony or are hoping to receive alimony payments, contact a lawyer who can advocate for you.  Charles R. Ullman & Associates is a spousal support/alimony divorce law firm located in North Carolina.  For more information about spousal support, visit the website at www.DivorceLawCary.com.

Categories
Divorce Law Family Law

The end of legal aid for divorce is nigh – All hail the rise of DIY

Online divorce is set to rise as legal aid cuts, mean it will no longer be available for divorce cases in April 2013.

The Government has cut legal help ( basic legal aid) and legal aid itself for most private law family cases unless there is an serious allegation of domestic violence.

That means people with little means such as single mothers, the unemployed, disabled people and low paid workers will have to either find free legal advice, at a time when the advice centres and Citizens Advice Bureau are themselves having their funding cut, or they will attempt to do it themselves with many of then using the internet to gather relevant information and forms.

Divorce-Online are the UK’s leading provider of “online divorce” services having dealt with over 100,000 cases since launching.

With the experience of handling such a large volume of cases, one would think that the service is impersonal and does not suit individual needs. This could not be further from the truth with many clients commentating on how good the communication is with the staff as they go through their divorce.

The key is that we have used technology to create a streamlined and efficient back office which allows us to process cases quickly and to communicate with our clients 24/7.

Each client is given their own secure client area where they can see progress on their case in real time, download documents and send and receive messages from their case workers.

So, when legal aid stops, there will be places people can turn and they will know that a good, low cost service is waiting for them.

Categories
Divorce Law

Significance of Divorce Lawyers in Complicated Divorce Cases

No couple is ever prepared or expects to go through a divorce, but it is an uncertain event and you better need to be prepared if it happens to you. Divorces are probably the most complicated cases and more sensitive than any other case. It is smart to take the help of appropriate legal firm if the case involves legal proceedings. But you must remember it is not easy to find a good, reliable and experienced lawyer, nevertheless it can be done with little effort put in that direction.

Before you go out searching for a divorce lawyer here are a few questions that I have tried to answer for you, as I think you must be having these thoughts in your mind.

How can a good divorce lawyer help?

First of all it is important for you to understand that if the case is complicated and legal proceedings are involved, it is necessary to hire a professional who has knowledge of legal proceedings. Many legal issues pop up during divorce and a lawyer can help you get through them smoothly. The financial issues and child custody problems are generally common in divorce cases and if you hire a wrong lawyer you may lose on both these fronts. But if you have hired a good lawyer, you can be certain to win the case and have the financial rights as well as rights over your children.

The next question you must be having is – It is inevitable to hire a divorce lawyer?

Well in answer to that, it is not necessary to hire a divorce lawyer if you and your partner are getting separated under a mature and mutual understanding. This means that you have come to an agreement on all the matters involved like fair distribution of property, assets and finances; including your rights on your children. It is very much possible to go through the divorce without any or very less complications in such cases, but on the other hand if you have your doubts about the property settlement or other issues with which you are not satisfied then it is better to hire a divorce lawyer as the divorce laws are complicated.

How to choose the right divorce lawyer?

Once you are convinced that you need a divorce lawyer for your case, you might wonder how to find a good divorce lawyer. You can start by searching for a good law firm. You can also ask for the references for a good lawyer from your colleagues, friends or relatives. There are many factors you need to consider when you are searching for the lawyer. First of all you need to know how experienced your lawyer is, then what is the way he charges fees and is that amount favorable to you, and in the end you also need to know the accessibility of the lawyer.

Conclusion:

Once you are satisfied that you have found the right lawyer for you, go ahead and hire him and keep faith in his abilities, he will get you through the divorce with least difficulty.

Categories
Divorce Law Property issues Separation Law

What Happens to College Payments During a Divorce

Most marriages end in divorce. Different jurisdictions have different rules pertaining to how assets and liabilities are distributed to the parties after a divorce. When young married couples decide to divorce, student loan debt is a common liability that the parties must cope with. Ongoing expenses that may be incurred if one spouse is actively attending college can influence the amount of alimony awarded to a spouse.

How States Treat Assets During Divorce

Our lawyers at Tenn And Tenn, P.A. tell us that states generally fall into three categories when discussing divorce. In community property states and if the parties have not agreed to distribute assets in a certain manner, the court will divide the marital assets in half. If the debt is incurred during the marriage, the courts will view student loan debt as community property. Student loan debt is a liability and hence is subject to being apportioned between the parties.Other states follow a common law rule. For example, New York also seeks to divide marital property equitably. Unlike a common law jurisdiction, however, the court need not divide everything equally. A court that follows a common law rule will consider a wide array of factors in order to achieve what it perceives to be a fair outcome. Such factors include whether one spouse has title to a property, whether a spouse has commercial interests, and the couple’s living arrangements.

Some states stretch the equitable distribution concept even further. Some states, like Massachusetts and New Hampshire, also seek to provide an equitable distribution during the asset and liability allocations. These states uniquely consider all property owned by both parties, regardless of whether the assets were acquired during the marriage or owned personally. The fact that a party owned an asset or a liability prior to marriage may be a factor for consideration, but is not determinate of the outcome.

Responsibility to Pay for an Education

Whether a party is responsible for continuing payments on a divorcing spouse’s student loans varies depending upon the court’s decision. Even in community property states, courts have some degree of latitude in making asset decisions. Most states permit courts to order parties to pay other liabilities if the court finds that it would be in the interests of justice to do so.

If one spouse is actively attending college, the issue becomes one of spousal support. Tuition and literary expenditures may increase one party’s living expenses, which can increase the alimony award. Among other factors, courts will often consider retraining or educational expenses in awarding spousal support to one party. If a party who is receiving alimony is attending college or seeking job retraining, the court may increase the award of alimony accordingly. If a court order is issued compelling one party to pay spousal support, that party must do so regardless of whether he or she agrees with the award.

While courts normally follow statutory guidelines, the goal in most states is to achieve an equitable dissolution of the marriage, not an equal one. In most states, courts have a wide degree of latitude to make decisions regarding asset allocations, liability allocations, and spousal support. Navigating the laws and presenting a compelling case in the pleadings requires the knowledge of an experienced local attorney.


Saam Banai is a freelance writer and editor and proponent of fair dispersal of assets after divorce. If you find yourself in the midst of a divorce and have costly college payments to make in addition to everything else, contact a divorce attorney from the firm, Tenn And Tenn, P.A. Their experienced attorneys are uniquely equipped due to their training and experience to provide large law firm excellence in a more client-centered atmosphere.
Categories
Child Support Children Divorce Law Family Law Finance

Organizing Your Finances after Divorce

divorce and finances The process, as well as finalizing a divorce can be extremely hard on a person mentally. Facing possible financial ruin definitely adds to the stress. In general, most people lack the knowledge they in order to recover and move on financially. Knowing what to expect and how to handle it, is the only way to get through a divorce with your assets still intact. Surviving financially is especially important if you have children and other dependents.

 

How Divorce Impacts Your Money

Getting a marriage license is less than $50 in most states, but dissolving that union is going to cost much more than that. Even if the couple kept their finances separate and agreed to take their own money & assets and part ways amicably, the filing alone can be costly. If for some reason a mediator is needed, fees can go into the thousands. The situation only gets more complicated from there. Married people generally see an increase in wealth through their union, while divorced people lose 77% of their net value on average, according to DailyFinance.com. When children are involved, one spouse may end up owing child support or alimony which can greatly reduce their money left for all of their other independent expenses. On the other hand, the spouse who is supposed to receive child support or alimony may have a hard time getting their former partner to pay up. Additionally, divorce means splitting your assets and income while doubling the bills.

 

Take Action Before You Even File for Divorce

This is a very important step that could save you loads of money and time when the proceedings start. Once your partner knows you have filed, they may make every effort to hide money, transfer funds from mutual accounts to their own, and put away assets. Even if the judge rules against these actions, it’s going to be very hard to recover them, and waiting for a judgment could take a very long time. Smart actions for you to take include: getting copies of all financial statements, acquiring credit reports, and setting aside money for living expenses.

 

Restructuring Once the Divorce is Final

Here is where the real work begins. Getting back to stability once the divorce is finalized will be challenging, but possible. If you are paying child support or alimony to your ex-partner, it may take a while to adjust. Having your support payments drafted automatically from your checking account is the best way to handle it. This way there won’t be risk of forgetting to make payments, and there will be an electronic record of paying. Keeping other financial obligations simple for a while is advisable; now is not the time to go out and purchase high ticket items. The divorced person needs to be very forward thinking for at least the first year after separation; make plans for tax returns, stocks, and savings ahead of time. A well mapped out plan for paying existing and new bills will get you through it. This will put you on the path to rebuilding your financial worth. MoneySmart.gov has additional information on adjusting to the change in income and additional expenses spawned from divorce.

Categories
Child Custody Child Support Children Divorce Law

Managing Life as a Single Parent after Divorce

When a divorced couple has children, life can get very complicated. Each parent is now on their own and suddenly realize all of the small things they did not notice when they had the other parent to back them up. Parents of babies and toddlers are tested by late nights and early mornings, with no one to alternate sleep, feedings, changing, and difficult nights with. Mothers and fathers of school aged children have to handle the morning routine: getting the kids to school, meeting with teachers, and driving the kids to after-school activities, all on their own. Managing life after divorce as a parent is not easy, but life will get back to normal much faster if steps are taken to deal with the challenges, instead of just hoping for a solution.

Struggles of Single Parents

Going through a divorce and living with divorce are very complicated life events which statistics show that many people in this country go through. Below are the two main challenges for single parents:

  • Childcare

This can be tricky one when the other parent doesn’t want to play nice. Developing a set schedule, if at all possible, for visitations will make it a little easier to figure out childcare. After visitation is established, each parent needs to find their own sitters or agree on one childcare or babysitter for both schedules. Both parents should have their own backup in case help bails at the last moment. This will keep the other parent from having to cancel their own plans to watch the children.

  • Finances

If child support or alimony is in play, you could come out a little better or a little worse; this depends on if you are the one receiving it or not. Large house payments and car leases might not have fazed you before, but now that there is one income, it’s likely time to downsize. The best way to downsize is to move into a smaller house with lower rent or mortgage; otherwise, make sure you’re not overdoing it on the spending – credit card bills can drown a single person.

 Coping with Stress

Divorce and death are the two most stressful events for people to deal with in life. Stress can take its toll on the individual and potentially destroy their life. With such a high stress situation, how does a single parent cope? Below are the five best ways to cope with stress during a divorce.

 Manage your weight with diet and exercise

It’s not about vanity or attracting another partner, keeping a steady weight will keep your hormone levels normal.

 Get out and be around the people you used to spend time with

 When you’re married, you tend to push aside others in your life to spend time with your spouse. If you’re dealing with divorce, now is a great time to reconnect with the people you lost touch with. Reconnecting will give you a chance to talk to people about things other than the stressful separation – it also gives you ‘adult’ time away from the kids.

Laugh

 Laughing is a great coping mechanism; when you laugh your body releases serotonin and reduces cortisol levels. Watch a funny movie, go watch a comedian, or just have your kids tell you about their silly perspectives on childhood things.

 Don’t turn to vices such as smoking, drinking or drugs

This one is important for everyone, but most especially for parents. As tempting as it may be to turn to vices to get you through the divorce, do not give in. Smoking, drinking, or using drugs will only make you feel ‘okay’ for a very short while; most of the time, using these substances end up making you feel much worse as soon as they clear your system. More importantly, you don’t want to set that example for emotionally vulnerable children.

Read more about coping with stress on the CDC webpage.

 

Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP is a family divorce law firm located in New Jersey/New York. For more information, please visit us at www.Ginarte.com.

Categories
Divorce Law Finance

Divorced But Neither Wants the House: What to Do?

Divorce But Neither want the houseThe marital residence can prove to be one of the most controversial components of a modern divorce. While the majority of divorces in the past involved arguments regarding which party would be allowed to keep the house, that trend has begun to change as the unstable housing market continues to fluctuate in a consistently negative pattern. Now, with foreclosure looming on the horizon for many divorcing couples, the question of who gets the house has a different desired answer.

Why Wouldn’t You Want to Keep the House?

In many cases, according to The Institute for Divorce Financial Analysts, the amount of money owed on a house’s mortgage exceeds the actual value of the property, making it a liability instead of an asset. Unless the house holds specific emotional appeal or value, getting stuck with a payment on a residence that isn’t worth the money can be financially devastating for the party who receives it.

Many married couples decide to divorce due to a variety of irreconcilable differences and, therefore, find themselves in a position in which they are far less likely to come to an amicable solution for both ends. It is possible that vindictive or hurt feelings may fuel a desire to cause the other person inconvenience, emotional pain and financial hardship. In these cases, the inclusion of a qualified and experienced divorce attorney in early proceedings and division of assets is highly recommended. Your counselor will help mediate these periods of correspondence, ensuring that all steps of the process are completed accurately and fairly as according to your state’s laws and regulations.

It is in this type of case, in which neither party can foresee any type of cooperation in the future, that a foreclosure or short sale is selected as the best way to resolve the issue. If the house is sold at a loss as compared to its purchase value or current market value, the spouses are advised to share the costs of the loss and call the case closed. If an agreement such as this cannot be made, bankruptcy is an option and should be discussed in detail with an attorney with experience in the field.

Possible Solutions

If both members of the divorcing couple are adamant concerning the situation and neither one agrees to take on the financial responsibility of keeping the house, other agreements may be made that still count as advantages to both parties.

First, if both people involved in the divorce are willing to work with one another on reaching a positive and lucrative solution, they may consider renting the property to a third party and splitting the money that is paid for it. If the amount of monthly rent, utilities and other bills exceeds the amount needed to pay the house’s mortgage, the difference is split between the ex-spouses.

A second option involves one member of the divorcing couple to remain in the house while the other moves out. The person remaining in the house pays a predetermined amount each month to the spouse who has moved out to cover rent and any other bills associated with the property. In this case, both people tend to retain ownership of the house and are responsible for any paperwork required to sell it in the future, should the market improve.

Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP is a personal injury and divorce law firm located in New York / New Jersey. For more information, please visit us at www.Ginarte.com.

Categories
Child Custody Children Divorce Law

Divorce: Is Your Child the One Suffering?

divorceGoing through a divorce is a stressful and upsetting time for a couple, but you have to keep in mind that this is an extremely stressful time for your children as well. Learning that their parents are splitting and that everything they know is about to change is daunting. Make sure your choice to divorce does not cause your child to suffer unnecessarily. Below are three tips to help your child manage a divorce healthily.

Be Conscious of What Will Upset Your Child

A divorce will probably result in a lifestyle change for your child, and a huge change in their daily routine can cause a child to feel stressed. Try to keep your child’s life as consistent as possible: keep them in the same school, surround them with their same friends, and make sure they keep up the same activities they’ve always loved. Maintaining a routine and schedule when another aspect of their life has become chaotic is integral.

It is also hugely important to make sure you keep heated and emotional debates between you and your partner to a minimum. Arguing, fighting, name-calling or any other nasty behavior does not need to be witnessed by your child. Even if the divorce was messy, remember that this person is still a parent to your child. Avoid blaming their parent, bad-mouthing their parent or fighting if your child can hear. At the end of the day, a child needs to know that both his parents are still in his life and still love him, regardless of the divorce.

Encourage Conversation With Your Child

Another way to ensure that your child manages a divorce the best they can and doesn’t suffer through it is to encourage them to voice their feelings and concerns. Initiate conversation with your child and talk about the changes they can expect to happen during the course of the divorce. Help them put their feelings into words, and listen to their response. It is important to let your child know that the way they are feeling is normal and that you respect their feelings.

If your child isn’t encouraged to speak about the divorce, this could have a negative impact on their behavior. Young children might have a change in appetite, their sleep patterns might be affected, or their behavior in school could be impacted. If your kids are older, they might take uncharacteristic risks. Letting your children speak will only help them emotionally.

Talk Care of Yourself and Learn to Manage Stress

The way you take care of yourself and manage the divorce will also affect your child. If you let the stress of custody and divorce paperwork get the better of you, you might fail to properly care for yourself. When you properly care for yourself and manage stress well, your child will learn how to handle stress and change in a healthy way. Get support if need be so that you can take care of yourself and your children.

Going through a divorce is always going to be a difficult time, but don’t make it unnecessarily difficult for your children. Follow these three tips to help your child healthily manage the new changes in their life. Your divorce shouldn’t result in your child suffering.

If you are going through a divorce, it is important to seek legal representation to mediate the situation and protect your child.  Charles R. Ullman & Associates, Attorneys at Law, are experienced divorce lawyers who can help you manage stress during this difficult time, ultimately shielding your child from the unhealthy effects.  For more information about this North Carolina divorce law firm and how they can help you, visit the website at  www.divorcelawnc.com .  

Categories
Child Custody Divorce Law

Common Factors in Determining Custody Battles

child custody

Going through a divorce is a difficult time, both for the couple involved and their children. What makes it especially difficult is deciding who gets custody and how the child’s time will be divided between parents. Judges will determine a custody battle by considering what is best for the child and looking out for the best interests of the child. However, there are several factors involved that will determine a judge’s decision. Below are a few common factors that will determine the outcome of a custody battle.

The Child’s Age and Gender

The first factors that a judge will probably consider when settling a custody battle is the age and gender of your child. If a couple’s child is very young, chances are in the mother’s favor. That being said, nowadays a judge does not usually have a gender preference when determining custody. That is, a father will not necessarily get custody of his son and a mother will not necessarily get custody of her daughter. The judge will examine which parent can better provide care to a child of a particular age and gender. It is also important to note that siblings are unlikely to be separated.

The Child’s Personal Preference

The child’s personal preference is also taken into consideration. However, how much weight this factor holds will depend on the age of the child. While a 6 year old’s opinion will be considered, it will likely not hold as much weight as the opinion of a 14 year old. While it differs between states, generally when a child is between the age of 12 and 14 his opinion begins to receive more substantial weight.

The Parent’s Lifestyle 

There are a variety of factors regarding the parents that a judge will consider. First and foremost, a judge will consider which parent can best provide for their child’s physical, emotional, and medical needs. A parent’s health and their financial stability are both common factors influencing the outcome. For example, a mother who frequently moves, thereby uprooting her child’s education and influencing their grades, will not be seen as beneficial for the child. Other factors considered by a judge are whether or not any allegations of abuse, neglect or violence have ever been filed against either parent, whether any claims have been falsely filed, and how willing a parent is to let the other parent see the child. The parent who is awarded custody must be able to provide their child with the necessities of life.

The Child and Parent’s Relationship

Another one of the most important common factors a judge considers is the relationship the child has with either parent. If one parent has been more present for the child’s life so far, that parent will probably have a better chance of winning custody. Love, affection, and emotional ties are all strongly considered by a judge.

Going through a divorce is stressful enough, but the added stress of custody can make the whole situation overwhelming. If you’re headed into court to determine who gets custody of a child, remember that a judge will not make a decision on just one factor. All of the above are common factors that a judge considers. At the end of the day, a judge will make a decision that is in the best interest of the child.

If you are amidst a custody battle, you should seek a professional to help you fight for the rights of your child.   Charles R. Ullman & Associates is a team of child custody lawyers with experience advocating for children and their best interests in North Carolina.  For more information about custody battles and processes, visit the website at www.DivorceLawCary.com.

Categories
Divorce Law

7 Tips on Hiring a Divorce Lawyer

Hiring the right divorce lawyer is imperative because it’s one of the most important decisions you’ll ever make. The multiple ramifications of your choice will be both important and long lasting. Of course, finding a good divorce lawyer is a lot easier said than done. Fortunately, there are ways of making the task less difficult. Here are some of the best ideas you can use to ensure that you choose the right attorney for your divorce.

Tip #1:  Get an Outside Professional

Generally speaking, it’s best to avoid hiring a friend or relative, no matter how qualified. They are likely to have too much invested in their relationship with you or your spouse to be able to objectively pursue your best interests.

Tip #2:  Hire a Lawyer Who is Candid About Costs

Find an attorney who will be honest and upfront about how much your divorce is going to cost you. A lawyer who hems and haws or changes the subject when you ask about fees should be marked off your list immediately.

Tip #3:  Have a Written List of Questions About Your Case

Have a list of specific questions ready when you first talk to a potential divorce attorney. Find out if the person you’re talking to will be representing you, or if an associate will be handling your case. Inquire about how much experience they have in divorce cases, and ask them for an honest assessment of your case. Don’t let the lawyer squirm out of answering these and other questions, because you need this information to help you make your choice.

Tip #4:  Don’t Waste Your Time on a “Free Consultation.”

Beware of offers for a free consultation. Sometimes these are legitimate, but often they are thinly disguised sales pitches.  The best quality lawyers will charge at least a nominal fee for a consultation.

Tip #5:  Get Recommendations From Divorced Friends

Get recommendations from friends or coworkers who have been divorced recently. They may have a positive view of the lawyer they hired or they may be very dissatisfied. In either case, their opinion can be quite helpful.

Tip #6:  Avoid the Hyper-Aggressive Lawyer

Don’t hire any lawyer who offers to make your spouse’s future life miserable. You’re seeking a divorce, not a starring role in a revenge fantasy.

Tip #7:  Interview Multiple Lawyer Candidates

Last but not least, be sure to interview several candidates before making your final decision. You may wind up choosing the first divorce lawyer you interview, but compare them to several others before making your choice.

About the Author

Scott Morgan is a board certified family law attorney in Texas.  The Morgan Law Firm has offices in Katy and Houston. You can see more of his writings on the firm’s google+ page.

Categories
Children Divorce Law Family Law

Divorce and the Holidays

(United States law) The holidays can be a joyous and loving time for millions of people across the world. Unfortunately, with nearly 50 percent of all marriages ending in divorce, the holidays can also be a painful and even depressing time. If you and your former spouse have children together, your relationship doesn’t end once you sign the divorce papers. This is especially the case during the holiday season.

Depending on the nature of your divorce, this can be a very emotional and heated time between you and your former spouse. However, no matter how much you and your former spouse may argue and fight, it is important to put emotions aside and think of your children’s well being before your own.

This is by no means an easy task. Fortunately, there are a few helpful tips for divorced parents during the holidays. If you and your spouse are recently divorced or have been divorced for years, consider the following as you approach the holiday season and the New Year:

  • Do not prevent your child from seeing or having fun with his or her other parent
  • Spell out holiday custody arrangements in your custody agreement so you have your arrangement in writing
  • Work on letting go of your anger toward your former spouse
  • Try to keep as many traditions as possible following the divorce. Too much change right away can be difficult for your children to handle.
  • Do not treat the holidays as a competition with your former spouse. That doesn’t instill good habits with your children.
  • Know the details of where your child will be during the holidays and coordinate with your former spouse
  • Work on establishing traditions with your children so they have something to look forward to and remember for years to come
  • If you can, celebrate the holidays with your former spouse. If you two can stand to be together for just a few hours it can be very beneficial for your children.

Sharing custody of your children can be difficult, but with a little help and planning, you can get through the holiday season with as little stress and drama as possible.

Carlos is an avid legal blogger who is interested in raising awareness for the ways a divorce lawyer can help individuals come to fair terms with their former spouses.