It’s that time of year again. People run all over town to do their Christmas shopping, to decorate their homes, and attend holiday parties to spread cheer among their friends and themselves. However, this is also the worst time of year for lawyers, parents, and most importantly, children, because of what is known around our office as “Indiana’s Parenting Time ‘Nightmare before Christmas.’ ”
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.
While most people know that a legal separation is different from a divorce, many may not understand all the ways in which it’s different. While a divorce ends a marriage, a legal separation does not. Instead, a legal separation allows the couple to remain married while living separately. During a legal separation, a court order outlines each spouse’s rights and responsibilities.
Just like with divorce, certain issues can be addressed in a legal separation, including:
- Division of assets
- Division of debt
- Child custody
- Child support
- Visitation schedules
- Spousal support
One reason why people opt for a legal separation is because their assets can be legally protected until the time of the divorce. Divorces aren’t fast, the first step is filing for divorce and the process can be dragged out for a long time. In the meantime, a legal separation document can provide security for both spouses.
Another reason why legal separations are beneficial is because they can provide the layout for the divorce. For example, the same child custody agreement that was followed during a legal separation may be adhered to after a divorce. Legal separations can sometimes serve as the trial period for the couple to see how they handle certain responsibilities. Often, the judge feels that if both parties were happy with the decisions of the legal separation, there should be no problem with the same guidelines for the divorce.
It’s very important to decide on legal separation guidelines that you’re happy with. Looking at a legal separation as a short-term decision isn’t accurate. Since the legal separation is often adhered to for the divorce, you could be stuck with your decisions for a very long time.
One huge benefit to legally separating instead of divorcing is that if the couple wants to work on their marriage, they can do so while living separately but without going through the hassle of divorce. That way, if the couple makes amends, they won’t have to get remarried. Instead, they can simply end their legal separation and begin living together again as a normal married couple.
Another benefit to filing for a legal separation instead of a divorce is that both spouses can still retain their health insurance. Divorce brings health coverage to an end for the married spouse. With a legal separation, the husband or wife can still care for their family even during the time apart.
This article was contributed by the Cantor Law Group, divorce lawyers of Phoenix, AZ. The Cantor Law Group handles all aspects of family law including adoption, divorce, child custody, and support among other areas.
(US family law and general advice) This article is brought to you by San Diego Family Law Attorney Tara Yelman of Yelman & Associates.
Pre-marital agreements (pre nuptials) used to have a very negative connotation, but have become more widely-used and socially acceptable in recent years. Due to rate of occurrence, range of wealth and the heightened level of equality between men and women, most courts no longer frown upon prenuptial agreements or assume that either party has a wandering eye or wavering values.
A prenuptial agreement, or “prenup,” is a written contract created by a couple before they are married. A prenup usually lists all of the property each person owns and all of each person’s debts prior to tying the knot, and specifies what each person’s property rights will be in the event that the marriage ends. Reasons that couples get prenups vary, but listed below are some of the most common:
- To provide clarity about financial rights and responsibilities during the marriage
- To provide protection from each other’s debts
- Especially in circumstances when one or both parties has children from a previous marriage, a prenup can provide protection and structure regarding what is given to the kids in case of death.
- For precautionary reasons: without a prenup a couple will be subject to divorce laws in their state.
If a couple decides to enter into a marriage without a prenup but later notices that they should have done so, they can create a postnuptial agreement. A postnuptial agreement is a contract that is signed after the couple has already been married. Although they are becoming more commonly used, “postnups” are not yet valid in every state and are more likely to be scrutinized by courts because they can be viewed as “divorce-planning tools.” Below is a list of some reasons married couples choose to get postnups:
- The couple wants to amend their prenup
- New business ventures: For example, it is common that in the case that one party enters into business with a new partner, the partner will request that the party get a postnup in order to ensure that the party’s spouse does not receive any of the business after the marriage.
- Separate property is used to purchase community property
- One party receives a significant inheritance
Most couples are able to create the contents of their prenups and postnups on their own, however it is crucial for each party to hire a separate lawyer to review the contracts and advise each individual client. Entrusting a lawyer is also important to ensure that the document is legally sound, and to avoid the possibility of a court questioning its’ validity.
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How to Help your Kids through Divorce
(Guest post outlining some tips to help your kids through divorce)
A family breakup is never an easy situation and it’s often the children who are worst affected. If you’re going through divorce then take a look at these top tips that will help your kids cope.
Talking is Essential
Divorce can be a long process so it’s essential to talk to your kids honestly and openly throughout.
Be Truthful
Your kids have the right to know why their parents are splitting; so be honest and open. Avoid giving long and complex explanations which could be confusing. Instead explain that you and your partner can no longer get along but that doesn’t mean that either of you love your children any less.
Always say ‘I Love You’
Realising that their parents no longer love each other can be traumatic for kids, mostly because they end up feeling that they are no longer loved either. Make sure you tell and show your children that you love them every day.
Explain Changes
Divorce leads to upheaval, but big changes are made much more manageable if your kids are fully aware of them before they happen. If you’re planning a move or a big change then give your kids plenty of time to get used to the idea before you act.
Avoid Blame
In many divorce situations both parents are angry with each other and may have resentment and a lot of bad feeling. Whatever you do, always avoid criticising your partner in front of your children as it may colour their view of their parent and lead to further strife.
Be United
Most parents only want the best for their children so even if it’s very difficult try to present a united front and sit down with your children together to discuss the situation. With both parents’ support, your children are far more likely to cope effectively with your breakup.
Understand your Rights
Seek advice from a family law solicitor London so you can give your children a clear idea of what’s likely to happen during divorce proceedings, how long the divorce will take and how family access will be organised.
Guest post regarding the rising number of children forced to take sides with divorces.
Divorce is never an easy process to digest for parents who have one or more children. The battle for custody can sometimes lead to aggressive behavioural patterns coming from the parents who twist the arm of their children to win them on their side. The common tactics consists of “buying off” the love and attention of children by a technique of offering them hip technical devices like cell phones, lavish holidays or trendy garments.
The main focus of each parent within the development of custody battle is often to poison the heart and mind of the children in the favour of one of them and they do so by badmouthing the other parent. This process of influencing the children for personal interest is not something that courts prefer. The solicitors who deal with harsh divorce issues know best to what extent one parent would go to denigrate the other one in order to obtain primary custody of the children.
When you are faced with the imminence of a divorce it is best to recur to certified solicitors. They can explain all that a divorce can entail and can teach you how to speak to your children about an obvious dramatic change in their lives without attempting to “brainwash” their minds and to influence them more than necessary.
Divorce is never an easy problem to deal with. Children are susceptible to adult opinions and many times they express their adhesion to the one who tried best to win them over. Statistics show that the strong actions and influence of one parent can succeed to make the child more loyal to him or her in the detriment of the other spouse.
There are documented undertakings of parents who influence especially the younger children to their benefit and this approach is very much noticed by court representatives and blamed. The number of young impressionable children who are dominated by one of their parents is rising and that can be seen in the increasing number of claims.
Divorce is often seen as a competition between parents, amidst which children are the wounded persons and can suffer the severe blows of a separation with no helmet on. Practically, this idea of influencing the children leads to a reaction coming from court officials who notice the dangerous practice of gaining the trust and love of children through somewhat abusive manners.
It is very important as parent to focus on creating a stable environment for the children and to put their best interests first as hard as that may sound. Their feelings are not a negligible matter and the main idea is to protect them and not to govern their feelings and emotions and not to poison them with regard to the other parenting partner.
In the fight involved in the divorce custody wars it is best to recur to solicitors who are specialised in a wide range of cases. They certainly can guide you through the process offering legal support, a reliable shoulder to cry on as well as pointers in how to approach your children in the attempt of being fair to them and to yourself. Divorce is imminent when the two marriage partners no longer see eye to eye, therefore, it is best to shield the children from possible conflicts and keep a normal and unbiased environment for them.
With reports suggesting that the UK may be moving out of recession, many lawyers are predicting a big spike in the amount of divorces they will have to invigilate. Some firms are indicating that they have seen up to a 30% increase in the amount of divorce cases they have to deal with, this could be due to the fact that many couples were putting off a split due to the negative financial implications.
Huge Divorce Drop Back in 2008
The recent rise mirrors a huge drop that occurred just over four years ago when the economic downturn really took hold. With money being too tight to mention and other seemingly more important things on their mind, it appears that couples have just been too busy or broke to consider parting ways, but this looks set to change as the nation starts to look at the possibility of some more stable times ahead.
The official figures actually show that the number of divorces in the United Kingdom dropped for the first two years of the recession and then rose again in 2010 to around 119,00 when the outlook started to look a little bit better.
Equity
Another factor that is seen as fundamental is the fact that couples may have been waiting for the price of their property to creep back up again. As the recession worsened, it seems that people became increasingly concerned about their lowered incomes and how much they would get back if they sold their house. Many divorce lawyers believe this led to many couples postponing their plans to split until they could both walk away with a decent return.
Evidently, not many couples predicted that this would actually be the worst recession in modern times and that the financial doom and gloom would continue for so long.
Larger Rise Could Be On The Way for 2013
Now that many believe there is light at the end of the tunnel and property prices may start to rise very soon, a lot of solicitors are seeing a noticeable rise in divorce proceedings and this is set to gather real pace over the next 12 months.
The figures echo predictions from a number of the United Kingdom’s divorce solicitors and represents some of the first clear cut evidence that an even larger spike in divorce applications could be on the way.
The Supreme Court is set to hear a landmark divorce case concerning on assets held by spouses companies after a Court of Appeal (CoA) ruling last month.
The case of the Prest’s revolves around the question of whether companies belonging to spouses can be ordered to pay assets in a divorce settlement.
Family lawyers for Yasmin Prest, the ex wife of oil tycoon Michael Prest are contesting the decision given by the CoA on the 26 October, which ruled that companies owned by Mr Prest would not be made to hand over assets totaling £17.5m to his ex-wife, in a judgment which was criticised by critics saying that it would enable wealthy spouses to protect their assets in divorce proceedings.
The ruling by CoA came after justice Moylan ordered Mr Prest to hand over the £17.5 sum last year. And suspecting that Mr Prest would not comply with the orders as he had not provided a frank and full disclosure, justice Moylan had ordered 14 of the businessman’s properties in theUKand abroad to transfer assets to Mrs Prest as part payment of the award.
But that ruling was overturned last month when the companies won an appeal against Moylan’s ruling, on the basis that the assets belonged to the companies, which were separate legal entities to Mr Prest.
The October ruling divided the CoA bench two to one, with commercial judges Justice Patten and Justice Rimer finding in favour of the companies against Justice Thorpe, who in his dissenting judgment said that if the law permitted Mr Prest to retain assets in this way it defeats the Family Division judge’s overriding duty to achieve a fair result.
In his ruling, Rimer argued against Thorpe, and said that primarily their were no findings which could justify the finality except that the properties were part of the assets of, and belonged beneficially to, the companies that respectively controlled them.
Commenting on the October decision, family law lawyer for Mrs Prest said that it was a great pity that years of case law and practice which had enabled family law judges to do justice between divorcing couples have been overturned by a non-unanimous decision of the CoA. Devious men who want to avoid making fair provision for their wives would rejoice at this decision.
Another family law barrister added the decision was a disappointing one for many wives who confront on divorce a tangled web of companies used to shelter their husbands’ wealth.
He added that the ruling had put the genie back in the bottle. The Court has effectively sanctioned for other cases the use of what could be perceived by the general public to be a cheat’s charter.
Telling people close to you that you are getting a divorce is never going to be enjoyable for you – and you have to expect them to react to the news too.
Similar to grief, there is no right reaction to hearing that a friend or family member is splitting from their partner. When you tell your nearest and dearest that you are getting a divorce, you should be aware that they may not have thought about it before, so their reaction may not be ideal.
Obviously you need to be honest if they upset you with the way they respond, but keep in mind that they may act differently once they have had a chance to process the news – they are only human. In contrast, you should expect local legal representation such as Putney solicitors to maintain a professional outlook on the case at all times, as it is their job to do so.
Below are a few of the reactions you may encounter:
Surprise
There will be a lot of people for whom your news will come as a real surprise, so they may be lost for words at first. You will probably be able to read almost immediately how they feel about the situation by the way they react – a calmer response could suggest the thought had crossed their mind.
When someone is completely surprised they will often have a huge number of questions to help them understand the news; while you may be happy to share everything with your best friend, do not be afraid of shutting down a conversation if you are not comfortable opening up yet. People will understand if you just say that you would prefer not to talk about it yet.
Sympathy/over-sympathy
Another natural reaction to bad news is for your loved ones to be sympathetic. Your friends and family will want only the best for you, so to hear that you are splitting up with a person you love/loved will prompt them to offer their sympathy for your situation. Rightly or wrongly, this can sometimes cross over into over-sympathy, but do try to remember they are trying to help.
They may worry about the situation – where you will live, your finances, etc. – and make it out to seem like your divorce is a truly terrible event, when in fact you have steeled yourself as well as planned how you will cope without your partner. If somebody ventures into over-sympathy territory, then it may just be easier to change the subject.
Criticism
For some, the automatic reaction to negative news is anger, so you might find that they criticise your husband or wife and take your side completely. This can help you blow off steam but is not particularly healthy in the long-term, so avoid getting bogged down in conversations about how horrible your partner was, as no doubt some part of you still cares for them.
The flip-side of this is that a handful of people may react critically towards you – perhaps members of your partner’s family – and this generally does not go anyway healthy. If you want to bury the hatchet with them then think about writing them a letter, as this allows you to offer a more considered response to their criticism; however, do not feel like you must always explain yourself.
Author: Chris Brown has a great deal of experience with solicitors in UK and hopes you will find his articles of use. For further info on divorce lawyers visit http://www.crispandco.com/site/home/
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How Do You Choose a Divorce Lawyer
Are you looking to legally separate from your spouse, and get a divorce? If you have decided to go through with the divorce procedure, it will be important for you to get in touch with a divorce lawyer as soon as possible. Many people question the necessity of hiring a lawyer when filing the divorce. If you are in such a dilemma, you must know that divorce is a complex legal procedure and it may be difficult for you to understand the legal complexities. Even when a couple is trying to reach an agreement regarding an informal separation, they may need the guidance of an experienced divorce lawyer. However, it is important to choose the lawyer wisely. If you do not know how to go about it and what factors to consider when choosing a lawyer, here are a few pointers for you:
Gather referrals: Gathering referrals is always the first step whenever you are trying to find a lawyer. There are different ways of collecting referrals. You can start by talking to your family and friends and relatives. They may have had similar experiences and may know of competent lawyers. They will also be able to tell you which lawyers to stay away from. You can also have a talk with any legal professional that you may have worked with in the past. Ask them if they deal with divorce cases as well. Even if they do not handle such cases, they may be able to tell you which lawyers are reputed in the field. The internet is also a good place where you can look for referrals. Various websites are there where you can find advice and guidance regarding different legal matters. These websites also provide you list of lawyers specializing in the area of the legal field that you are dealing with.
Appropriate experience and skills: It is important to choose a lawyer who has the proper credentials. The legal professional must also practice the area of the legal field where you need guidance. They must have the knowledge and skills that are required for handling these cases efficiently. For example, if you are looking for a lawyer to guide you through the legal process of getting divorced, you will have to consult a lawyer who practices and specializes in the area of family law. Hiring a personal injury lawyer for handling a divorce case may not be appropriate and you may not get the expected results. The lawyer must also have significant court room experience. Not all lawyers have that, which is why you must make sure that the lawyer you choose has the competence and the experience.
If you are looking to get a divorce lawyer in Miami you can follow the above guidelines. Whenever you are thinking of hiring a lawyer, it is important for you to do proper research. It is a must that you interview the legal professionals you have shortlisted. The interview will let you know whether they are the right one for you or not.
Guest family law Q&A blog post which answers various frequently asked questions, based on family law in England & Wales and general legal guidance.
1. What is the legal status of prenuptial agreements looking ahead to 2013? Are they worth considering?
Since the Supreme Court’s decision in Radmacher v Granatino {2010} UKSC 42 and the review by the Law Commission, prenuptial agreements are becoming increasingly popular. The enforceability and legal status of a pre-nuptial agreement however, still remains in doubt.
Pre-nuptial agreements are not binding in the UK however; the case of Radmacher did take a significant step towards that possibility. The Judges decided that nuptial agreements should be given considerable weight if they were freely entered into by each party with full appreciation of its implications unless the surrounding circumstances deem it unfair to hold the parties to their agreement.
For a pre-nuptial agreement to be enforceable the contents of the agreement must therefore be fair.
The current position in the UK remains that it is the Court, and not the prior agreement of the parties, that will dictate what will happen to the parties’ financial arrangements upon Divorce.
Ultimately the legal status of prenuptial agreements is still debatable however. Divorce solicitors will advise clients on the basis of each case, but the Court is very likely to uphold a prenuptial agreement if the following is satisfied:
- Each party has received legal advice and there has been full disclosure of assets;
- There has been no undue pressure or exploitation and the agreement has been freely entered into;
- The agreement meets the needs of the party who is in a weaker financial position;
- The reasonable needs of any children are met; and
- The agreement has been carefully reviewed each time there has been a change in circumstances during the marriage.
Pre – nuptial agreements can therefore be very useful documents and it is anticipated will often reduce litigation. The agreements are worth considering if you have accumulated a significant amount of assets prior to marriage, you are to receive a significant inheritance or there are business assets that you wish to preserve. Pre-nuptial agreements are proving to be popular amongst people contemplating their second marriages.
2. How long does it usually take to get a divorce?
An undefended Divorce will take approximately six months to reach the Decree Absolute stage, which is the final Decree of Divorce.
If there are complicating factors such as the Respondent is defending proceedings, there is a disagreement regarding the Petition or financial arrangements have not been agreed etc, this can prolong the length of time and therefore, it can take up to a year or even longer if the financial issues are really complicated.
3. Can you get the other side to pay the divorce costs?
Divorces which are based on the Respondent’s fault namely the Respondent’s unreasonable behaviour or adultery; it is normal practice for the Petitioner to seek for the Divorce costs they have incurred to be paid by the Respondent.
As long as the Petitioner has requested in the prayer section of the Divorce Petition for the Respondent to pay the costs of the Divorce, the Court will normally order the Respondent to pay.
If your Divorce is based on a non – fault ground such as 2 or 5 year separation, the Petitioner can always still request that the Respondent should pay the costs but it may result in the Respondent refusing to grant his consent and thereby the resulting in the Petition being unsuccessful. Therefore in these circumstances it is up to the parties to reach their own agreement. More often than not in these circumstances the parties agree to share the costs equally.
4. What advice would you give to someone considering getting a ‘quickie’ online divorce?
There is no such thing as a ‘quickie’ divorce. It is a term which is incorrectly but frequently used by the media. Whether you instruct family solicitors, act in person or use an online service, the same Court procedure is used and the Divorce process will not be any quicker.
Online Divorce services tend to use generic Divorce petitions which are not tailored to individual needs and therefore, it enables some internet based companies to offer discounts. As the saying goes, “You Get What You Pay For”. We would never advise anyone to go for the cheaper option as cheap is not always good. Divorce can be a very stressful period. Therefore, face to face advice and support can prove to be critical. Good solicitors place strong emphasis on providing an individually client focused, sympathetic, and understanding service which simply would not be available from anyone offering a ‘quickie’ divorce.
It is also worth noting that it can cost a significant amount to correct an improperly drawn Petition once it has been issued, in most case more than the fixed fee which can be offered at the beginning of the matter.
5. Is mediation worth considering to avoid the courts?
Since the 6th April 2011 it has been compulsory for couples to undergo mediation to resolve any disputes before resorting to the Courts, save for cases where there is domestic violence. In light of this, in the majority of cases the parties will have to consider mediation.
Mediation can be more cost effective than the Court procedure and is useful when both parties are willing to negotiate and there has been a full disclosure of assets. If one party is being deliberately uncooperative, mediation will do little to help the parties reach a resolution and the assistance of the Court may be required.
This article was written by Manak Solicitors, a leading firm of family and divorce solicitors in Kent. All our family & matrimonial solicitors are members of “Resolution” panel and the family & matrimonial partner at Manak Solicitors LLP is a member of “Law Society Family Law Advanced” panel both of which are accreditation schemes which places strong emphasis on mediation.
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Popular Myths about Divorce
There is a popular myth among divorcing couples, which has the mother automatically gaining custody of the children. While this myth is simply not true, it is relatively prevalent among couples and can lead to serious challenges in the preparation of a case. Because a divorce is a time of trouble and considerable emotional hardship it becomes vital to understand all your rights and the actual content of the law before making snap decisions, which is why an attorney is critically important.
Laws today are very different and do not seek to favor one or the other party, especially with regards to child custody. Here are some things that the court does look at; versus the popular urban legends about divorce floating around the water cooler.
Myth: Mothers are automatically favored and will by default be awarded custody of the children, especially if they are young.
Fact: The fact is that mothers are not directly favored, neither are fathers. The law, in states like Florida, spells out very specifically that neither party will be favored and that the law cannot act in the best interest of one or the other party.
Myth: The one making the most money will have to pay a great deal of support and maintenance to the other party because they are not making as much. It is better to have no income or lower income during a divorce.
Fact: The court looks at a variety of factors to make sure the division of assets is equable. This means that income is certainly a factor. However, if one partner is not working or is under employed voluntarily the court will account for income to that person depending on what they are capable of making. This may seem unfair at times, but it is the only way the court can prevent manipulation of the system by voluntary unemployment or underemployment.
Myth: Divorce decrees are written in stone and once they are written there is no going back to change or modify them.
Fact: Circumstances change, often significantly, which allows one or the other party to go back and request the court to change the divorce decrees. Typically courts will not change a property distribution that has been set out but other parts can be changed depending on the circumstances. These include, and are not limited to, child support, alimony, and visitation.
Myth: Lawyers cost an arm and a leg, so it is better to try and represent your own interests in the court. There are many resources to help you and you will be just fine by yourself. Aunt Betty represented herself and was awarded everything but the kitchen sink, so it behooves you to try the legal justice wheel of fortune by yourself.
Fact: The legal justice system is complex and riddled with policy and procedures. Failure to follow the proper process can lead to significant losses. There are many resources available, but often the resources will only show you the exact law which can lead you to more confusion when you try to interpret it. Lawyers are trained for years to ensure that they can follow the correct procedures, understand the laws and statutes fully, and guide you in the best possible manner. Divorces can be expensive, even more so if your former significant other has a lawyer and you are going it alone. Finding out the cost of an attorney and ensuring that you have the right representation are critical in safeguarding your rights.
Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Charles R. Ullman & Associates : A North Caroline Divorce attorney.
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The Benefits of Mediated Divorce
(Guest post from San Diego divorce lawyers) When a married couple chooses to seek an end to their relationship, it may be in their benefit to consider pursuing mediated divorce. Unlike contested divorce proceedings, which can involve lengthy court battles and costly attorney’s fees, mediated divorce is a simple, relatively painless process that can help to reduce the stress that married couples may experience during a divorce.
Mediated divorce isn’t right for all couples. For those who have been involved in an abusive relationship, those who believe their partner is at fault for the dissolution of their marriage, those who have a particularly acrimonious relationship with their spouse, and others, mediated divorce may not be able to resolve the differences between the two sides. However, for many couples, a mediated divorce can have a significantly better outcome for both sides than can a court settlement.
Mediated Divorce Benefits
Mediated divorce involves both parties to the relationship meeting with a neutral third party, who acts as a mediator and helps guide their individual wishes to a mutually agreed upon divorce settlement. By giving both sides an opportunity to speak their minds and reach a consensus about the various aspects of their divorce, mediated divorce can provide a wide range of benefits, including:
- Reduced costs – mediated divorces often cost a divorcing couple a small fraction of what a court settlement would cost.
- Shorter timeframe – divorces achieved through mediation take, on average, anywhere between three to ten sessions, around two hours each, to be resolved. This is often much less time than a court settlement would require.
- Reduced stress – mediated divorce can help to reduce the stress that both spouses may feel during the divorce process by allowing their input to help determine the outcome and reducing the uncertainty that relying on a court’s decision can entail.
Because of these various reasons, mediated divorce is often the best option available for a couple. However, mediated divorce may not be right for every couple in every situation, and in these instances, it is advisable to pursue the assistance of a qualified divorce lawyer to achieve a suitable end to the relationship.
(Divorce in the US and generally) After realizing that a divorce is inevitable, one of the first questions you might ask is, “How much does it cost to hire an attorney?” Well-meaning family members and friends will relay stories to you about their divorce and how much they paid for legal fees. Because you’re worried about your finances, you may begin to wonder whether you can save money by getting a divorce without an attorney.
While it’s true that a divorce can be expensive, it is also true that going it alone may be more expensive in the long run. Unless you are a legal professional and know about divorce laws, it is highly recommended that you seek advice from a divorce lawyer.
Get a free consultation
What you may not be aware of is that most divorce attorneys do not charge a fee for the initial consultation. Meeting with an attorney for the first time is more informational than anything else. The attorney will ask you pertinent questions and review the divorce process with you. In turn, you will have an opportunity to ask the attorney questions, including how to pay legal fees. A consultation will also help both you and the attorney determine whether you can develop a working relationship.
Is the attorney knowledgeable?
A consultation will also help you determine how knowledgable the attorney is about the divorce process.
Filing divorce documents with the court, notifying the other party about the divorce papers, knowing how to negotiate a settlement with the opposing attorney, and appearing in court before a judge to resolve the case are skills that attorneys acquire through education and experience. This process can be very intimidating to lay people who want to handle their own divorce.
Not only do experienced attorneys know about court procedures, more importantly they know the state laws that govern divorce proceedings, and all of the legal rights and benefits to which their clients are entitled. In other words, they know how to read the legal fine print so that they can go after everything that their clients deserve.
What about the children?
Divorce can take an emotional toll on anyone, but especially on parents with dependent children. There are many issues that have to be settled concerning children, such as with whom the children will live, how much the non-custodial parent will pay for child support, who will have the children on the holidays, and how often the non-custodial parent will visit the children. These issues are enough make the tempers of a divorcing couple flare out of control. A divorce attorney can advise you of the dangers of becoming too emotional, and the importance of setting aside your feelings and maintaining civility with your spouse for the best interest of the children.
It’s time to talk about money
Since attorneys know that potential clients are concerned about divorce expenses, most attorneys will discuss their fees during the consultation. As a potential client, you can expect to hear about costs for such work as filing court documents, serving the other party, attending court hearings, and communicating with you during the case.
There is a lot at stake when you decide to dissolve a marriage, especially if you and your spouse have been together for a long time and have children. While finding ways to save money is commendable, paying for an experienced attorney, instead of handling the divorce yourself, will be well worth the cost.
About the author
This article was written by Karl Stockton for the team at Kanetix. Need information on mortgages? Visit them to see their mortgage primer, as well as other helpful information on the subject.
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Divorce Infographic
While there are many reasons why a married couple may seek a divorce, ranging from lifestyle changes to irreconcilable differences, one unfortunately common reason is domestic abuse or violence. According to the Domestic Violence Resource Center, millions of men and women suffer from abuse at the hands of their partner or significant other. While many of these people do not seek a divorce, there are some that feel that divorce is the best, or only, way to escape the abuse.
Seeking a divorce in such a situation can be extremely helpful; however, divorces often take a long time to successfully complete, especially if children are involved. Additionally, while a divorce does separate two people, it does not guarantee that the abuser will not come into contact with or find a way to continue abusing the other person. In such a situation, a person suffering from domestic violence or abuse may need to take further action to protect themselves and their loved ones.
For anyone being subjected to physical harassment, verbal abuse, abuse at home, or other forms of intimate partner violence, one of the best ways to seek protection from the abusive party is to file a restraining order. When a court grants a restraining order, the restraining order will provide stipulations that the party whom the order is directed at must follow. Some provisions that a restraining order can have include the following:
- Keeping the abuser away from the abused person, their home, place of work, and other important places
- Preventing contact between the two parties, including phone calls, delivery of gifts, letters, and more
- Stopping any physical abuse or threats of violence
While restraining orders are usually very helpful for people seeking to escape abuse, particularly before a divorce is granted, there are times when the use of a restraining order is abused itself. In such circumstances, one party may file a restraining order against their partner in order to gain power or leverage over them in a divorce. Because of the effects, both positive and negative, that a restraining order can have, when looking to either file for a restraining order or to fight a restraining order that was inappropriately granted, many people choose to enlist the support of a qualified divorce lawyer in order to give themselves the best chance of reaching the outcome they desire.
The Works and Pensions Secretary has demanded that the government introduce a tax break for married couples.
Iain Duncan Smith wants George Osborne to make changes by next year’s budget to show the government was serious about promoting marriage.
The idea of giving a tax break for married couples was a key Tory manifesto pledges which if not carried out would let the public dismiss as tokenism, Mr Smith has said to have warned David Cameron.
It is being feared that the pledge which the prime minister said would be honoured by 2015 was going to fall by the wayside unless implemented soon.
But the problem lies within the coalition with the Lib Dem leader Nick Clegg opposing it by accusing the Tories that it was trying to create the 1950 model of suit wearing, bread winning dad and apron clad home making mother.
Mr Cameron championed the idea of a marriage tax break when in opposition, although the proposal was watered down to the point where it would be worth only about £150 a year to most.
He said encouraging marriage would help in avoiding divorce proceedings as it would encourage more couples to stay together and produce greater stability for children.
The move was bitterly opposed by the Lib Dems, who argue it was wrong to favour marriage over cohabitation. The Coalition agreement allows them to abstain on any vote on the issue, and gives priority to their tax plan of raising the income tax threshold to £10,000.
Mr Duncan Smith received an unstinted support from the Bishop of Chester. Peter Forster said recognition of marriage in the tax system was one way of sending a ‘powerful symbolic message from government into society, and stress the importance of marriage in the society.
He argued that good marriages were not just a benefit for the couple themselves, and their children, but serve to strengthen the wider society of which they are a part.
A strong respect for marriage would actually support single parents, and others who have the care of children.
Speaking in a House of Lords debate on child development, the bishop urged ministers to act without delay, adding that there would be some changes needed to be carried out to implement the issue before the next budget it would become an unfulfilled pledge of the government as the next election would approach.
Former Tory Lord Chancellor Lord Mackay of Clashfern also urged the Chancellor to act swiftly in the interests of children.
Ministers have not specified exactly how the pledge to recognise marriage in the tax system by 2015 will be implemented.
Categories
Divorce and Facebook
The following is a guest post regarding divorce and social networks such as Facebook. For specialist advice from divorce lawyers in Edinburgh, see http://www.familylawedinburgh.co.uk/.
Whilst the Internet and social media are becoming useful tool for dating and relationships (it is estimated that 17% of recently married couples met online) there is a dark side to the Internet’s impact on relationships and it is called Facebook. Research has shown that the world’s largest social media website was implicated in a third of last year’s divorce filings. In fact Facebook has such a stronghold over relationships in general that it is not uncommon for one half of a couple to find out that the relationship is over via Facebook, usually by the other half changing his or her relationship status.
Whilst blaming Facebook for divorce automatically gives the impression of infidelity, this is not necessarily the case. Many of those who filed for divorce are not getting divorced because of Facebook, it may simply be the case that Facebook is sighted in a divorce filing to show the bad behaviour of a spouse for example as evidence of rude or offensive messages. What is certain though is that Facebook and social media as a whole are playing a bigger role in divorce proceedings, either as a cause or as a form of evidence.
Generally speaking there are five grounds for divorce: adultery, unreasonable behaviour, desertion without consent for more than two years, desertion with consent for more than two years and separation for more than five years. When looking at these grounds it is easy to see how Facebook could be responsible for at least two of the grounds: adultery and unreasonable behaviour.
Why is this so? There are a number of hypotheses and the simplest reason is that Facebook makes communication so easy. For example, what could start out as an innocent conversation with an ex could lead to something not so innocent and this ties in nicely with another reason – Facebook makes it easier to give in to temptation. Whilst it may not seem fair to blame Facebook for temptation, particularly as it does not force you to do anything, it does nevertheless make it easier to do things you know you should not be doing.
Another reason is that Facebook can change people. The ability to connect and see information so effortlessly can make ordinary people paranoid and this in turn leads to many relationship problems. The problem with Facebook and in fact most social media is that what is said and done is often just a snapshot and taken out of contexts something quite innocent can be taken completely the wrong way. Arguably the most common reason is that Facebook leaves a trail. Once something is said or done on Facebook there is an ever present risk of it being placed in the public domain.
In fact Facebook has become such a big problem for relationships that it is not uncommon for couples to deactivate their Facebook accounts to save their relationships. When you really think about it, what may seem like a drastic step could actually be quite sensible and could in fact save many a relationship.
Even if the relationship cannot be saved, Facebook can help with other matters such as maintenance and child custody. Any behaviour on Facebook could be used against one spouse to show what their behaviour in general is like which may be used to determine parenting skills or whether the lifestyle of the spouse is (or is not) suitable for children.
If you are considering divorce proceedings because of something you have seen on Facebook (or otherwise) then you should speak to a divorce solicitor who can advise you on the legitimate grounds for divorce. Divorce can be both emotionally and financially taxing and can result in a number of ancillary issues and therefore it is important to ensure that you appoint an experienced divorce solicitor to represent you.
Once piece of advice any divorce lawyer is almost certain to give you is to refrain from messaging your ex partner or saying anything about them on Facebook during divorce proceedings. Whilst people will be used to sharing their feelings online, once in the public domain this information cannot be recalled. This on its own could make the simplest and most amicable of divorces into the most complicated, contentious and expensive.
If you are in need of some legal assistance for a divorce, child custody or even an adoption issue, you will need to retain the help of a family lawyers. To ensure that you are making the right decision and are choosing a lawyer who will be able to help you out of whatever sticky situation you have found yourself in, you will need to put them through an evaluation process that should give you all the answers you need.
Step 1: Begin by asking around for referrals. If you know anyone who has gone through a legal battle similar to the one you are about to embark on, ask who they used to represent them. Lawyers that receive several recommendations are generally a good bet.
Step 2: Arrange a meeting with each family lawyer that you are interested in hiring. Make sure that, when you arrive at the meeting, you have prepared a list of questions that you wish to ask. These questions should surround their experience, how many cases they’re working on at the moment, which courts they generally practice at, and so on.
Step 3: If you are satisfied with your initial meeting, you should call your state bar association to enquire as to whether there have been any complaints filed against the lawyer. The bar association should also be able to tell you whether the lawyer has been sanctioned.
Many people also like to use the initial meeting with their family lawyers to evaluate their personality and demeanor. Whilst this is not an imperative part of your decision regarding legal representation, it can give you a good idea of what kind of person you are dealing with. Remember that a good relationship increases your chances of a more favourable outcome.
(US law and generally)
How Does Divorce Affect My Retirement Account?
Filing for a divorce is never easy for anyone, regardless of the situation. Individuals with significant wealth or those that have been married long enough to build retirement assets will find the process even more frustrating if the court requires disposition of retirement funds between spouses. The court decree is usually dependent on the types of retirement funds and the time at which the accounts were opened. The final determination is usually based on the laws of the particular state issuing the divorce decree.
Know Your State and Evaluate Specific Dates
All states view marriages as binding legal contracts between full partners. All money that has been saved in a 401(k) retirement account or an IRA could possibly be assessed as marital property. This is dependent on when the account was initiated and the marital dissolution laws of the granting state. If money was saved by one party of a divorce before the couple was married, then that particular part of the account can be claimed by the original contributor.
Likewise, money that is added after the divorce decree or during a legal separation can also be claimed by the primary contributor as personal property as long as the dates are verifiable. It is important to make these dates part of the court record, especially for those with considerable wealth. This includes both prior and accumulated financial assets. Planning a divorce is crucial if a divorce is inevitable, according to stock fraud attorneys, Page Perry LLC, it is very important to make sure the inventory of assets is accurate and honest.
Attachable Retirement Accounts
Money that is deposited in an attachable retirement account after the couple is married becomes marital property until the filing of a divorce petition. Sometimes this can be dependent on who files the divorce and the potential living status of dependents and the primary parties. This property status normally works for both parties involved, though men are usually the party that is ordered to provide for the wife because of traditional household income structure.
If both parties have made a considerable contribution to the retirement fund or if each party has their own account, then the totals are added unless an agreement is reached between the divorcing parties. Reaching an amiable agreement usually works best because the courts can be unpredictable, especially if children are involved. Additionally, home ownership is an investment asset and will be included as part of a divorce if the home was purchased during the marriage or if there are dependent children. In many states this can also include a reasonable “standard of living” assessment by the court and could result in alimony or a structured settlement.
Non-Attachable Retirement Funds
Retirement savings plans such as 403(b) retirement accounts that are associated with working for a non-profit company are normally not attachable. However, they can be the subject of a Qualified Domestic Relations Order which is issued by the court as an addendum to the actual divorce decree. These funds are often included in any settlement because of possible court assignments, but many times an order is sought in cases of significant amounts of money.
Always remember when calculating any divorce settlement or dispersion of property that some retirement accounts might be subject to taxes upon retirement. Funds are deposited without tax deduction and are taxed as normal income when withdrawn unless they are rolled over again as an investment. The financial stress associated with planning a divorce can easily be worse than the financial stress associated with planning a wedding. The best advice is never do either lightly.
Ebele Okocha is a licensed financial representative who has experience consulting with clients on their retirement accounts. She is also a contributing author to the law firm of stock fraud attorneys, Page Perry LLC, a Georgia Investment Fraud firm best known for its representation of investors.
Divorce or the termination of a civil union is always a very sad experience. In the United Kingdom, where there is no such thing as a “no fault” divorce, nor any concept of simple “irreconcilable differences” (a lovely term only the Americans could have devised), divorces are often unnecessarily caustic and combative because most petitioners choose what is perceived as the quickest and least complex grounds: Unreasonable behaviour. Ask any solicitor and they will have plenty of stories of strange reasons offered for a divorce petition: Bad cooking, being forced to watch television programs the petitioner did not enjoy, overly flirtatious behaviour by a spouse. The annals of divorce are filled with incredible examples of so-called “unreasonable behaviour”.
The most unreasonable behaviour, however, is often laid at the feet of the judges dealing with these cases, usually in the arena of asset division and support. The problem, as the Law Commission recently acknowledged, lies in the laws as written. While they give the judges great authority and very precise powers to make financial decisions in divorce cases, they give almost no guidance as to what, exactly, a judge should be seeking to achieve with such orders. As the nature of marriage becomes more complex with partners bringing assets, income, and property into a union on an increasingly equal basis, the decision to award one party support or a larger share of communal property is no longer a simple equation – time put into a union against lost income – or any similarly simplistic comparison.
While the prenuptial agreement has become more and more popular – and gained credence in the courts as long as they are properly prepared and executed without duress – they remain largely a tool of the wealthy, leaving plenty of divorces where there are considerable assets but no prenup to fall back on when the union is dissolved. The prenuptial agreement also suffers from the perception of doubt about the marriage – after all, if you have decided to be with a person forever, why would you need a contract spelling out the financials of a divorce?
This means judges continue to decide financial division in divorce cases with very little by way of legal guidelines. Most people agree that such guidelines are necessary – the judges already have the power to make arrangements for both parties in a divorce, but they need to be able to ascertain what the goals of those arrangements should be. Should they be used to encourage independence from each other even if one spouse has been financially dependent on the other for a long period of time? Should they be used to guarantee a spouse’s lifestyle post-divorce indefinitely? A combination of both? The argument can be made that if asset division and support orders are designed to keep up one spouse’s lifestyle, there will be little or no reason for them to ever seek financial independence from their former partner, creating an unfair burden to the latter. Scots law dictates a three-year limit on such support post-divorce, but most in England and Wales regard that term as too rigid and brief. Some go so far as to consider the Scots Three Year Rule to be anti-woman, but that’s an outdated concept. Women in the modern age often bring just as many assets to a marriage or union as their male counterparts.
Happily, the Law Commission seems determined to revise the law appropriately. This will take some time; after officially launching a consultation on reforming divorce law (which has remained largely unchanged since the liberalizations of 1969), the Commission won’t publish recommendations until the autumn of 2013. However long it takes, this reform is most welcome – by judges, solicitors, and petitioners alike.
Mark Darcey is the owner and director of an independently owned commercial debt recovery company based in the UK.