Category: Family Law

Family law news and intelligence from family lawyers and family law professionals.

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Child Custody Children Divorce Law Family Law Separation Law Surrogacy Law

Case law update: Child Abduction

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

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

Child Abduction Case 1 – R v A

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

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

Child Abduction Case 2 – FT and NT

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

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

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

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

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

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

Categories
Child Support Children Family Law

5 Things Social Workers Need to Understand About Hate Crimes

5 Things Social Workers Need to Understand About Hate Crimes

Though many people consider “hate crimes” to be relatively new phenomena thanks, in part, to tougher laws being enacted around the country, the truth is this: Hate crimes in America are as old as the country itself. Crimes have been committed against individuals and groups based on race, gender, religious preference, sexual orientation and cultural background for centuries. If social workers hope to help people dealing with hate crimes, a deeper understanding must be had. Here are five things that social workers need to understand about this brand of crime:

1.Diversity Education

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One of the ways to prevent children from turning into perpetrators of hate crimes is to teach them about acceptance at an early age. Social workers can work in conjunction with teachers and families to ensure that young, elementary-aged children learn to respect each other’s differences, celebrating them rather than berating them. The NCPC has excellent lessons for children in grades one through five that center around diversity.

2.What Constitutes a Hate Crime?

Most of us are aware that a crime committed against a person because of their race or sexual orientation is considered a hate crime. But what else may constitute a hate crime? This information is important for every social worker to have. A victim of a hate crime is singled out because of perception. The perpetrator holds a certain perception about the proposed victim’s race, color, national origin, religion, age, sex, physical handicap, mental disability, marital status, personal appearance, family responsibility, political affiliation or matriculation.

Austin March Against Hate - Stop Hate Crimes - Take A Stand

Hate crimes do not have to be violent. Examples of non-violent hate crimes include verbal abuse, telephone harassment, the painting of swastikas or other hate symbols, the use of racial slurs and cemetery desecration. A hate crime need not be violent to have a profound effect on the victim and friends and family of the victim.

3.Victim Responses

Just as with reactions to illness, death and other devastating events, people respond differently when they, or the ones they love, become victims of a hate crime. Victims of hate crimes typically report feelings of anger couples with feelings of betrayal. There can be an overwhelming sense of powerlessness, resentment, isolation and sadness. Victims of hate crimes may also have an aroused, even paranoid, sense of suspicion. Victims of hate crimes report drastic changes in lifestyle as a result of their attack, whether mental or physical. As a social worker, it’s important to sit back and listen to the victim, gaining an understanding of just what effect the crime has had in order to provide the best therapy.

4.The Right Not to Report

Much like a victim of rape has the choice whether or not to report the crime, regardless of the seeking of treatment, a victim of a hate crime is not required to file a report with law enforcement. Regardless of personal beliefs, social workers must support whichever choice the victim makes. In some cases, medical personnel may be required to report the attack, however, it is still the victim’s right to not pursue hate-crime related charges.

5.Victim Assistance

Social workers should seek out resources of assistance within their local communities for victims of hate crime. Having this information on hand and immediately available will make the therapeutic process less stressful for the victim. Beyond local resources, social workers should know about national programs such as Network of Victim Assistance, National Center for Victims of Crime and the American Civil Liberties Union.

For social workers, understanding hate crimes is an important facet of the profession. Along with understanding what constitutes a hate crime, social workers must understand their impact and the resources available for victims and their families. For more information on hate crimes, be sure to visit NOVA, an all-encompassing site for victim assistance.

Robert Neff is a writer who brings awareness to world events such as hate crimes. Social workers help victims of the crimes. If you are interested in a career as a social worker check out Case Western’s online MSW degree.

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Child Custody Child Support Children Family Law

“Shared Parenting” – What does it mean?

Background

Separating parents have long expressed frustration with certain aspects of the family justice system, with fathers’ rights groups in particular defiant in their stance against the apparent bias in favour of mothers when it comes to addressing the ongoing residence of the children. In a bid to tackle this issue, the Government has proposed several changes to the family justice system by way of the Children and Families Bill (“the Bill”).

One amendment put forward by the Bill is that Residence Orders and Contact Orders will cease to be, and a single concept Child Arrangement Order will take their place. The reality of Residence Orders and Contact Orders in their current form is that one tends to be seen as a “victory” over the other, adding to the animosity between conflicted parents.

The proposal follows from the Government’s response to the 2011 Family Justice Review, where it announced its commitment to promoting the importance of both parents remaining responsible for the care of their children. As a result, the concept of “shared parenting” has overshadowed the remainder of the legislative changes to become the buzzword(s) of the Bill.

“Shared Parenting”

A public consultation on the notion of shared parenting ran between June and September 2012 and the Government concluded that the starting point in any matter before Court should be that both parents should be involved in a child’s life (presuming of course that welfare is not an issue).

The concept of “shared parenting” to many evokes the presumption of a 50/50 division of residence and contact between parents, which is reinforced by a Child Arrangement Order. However, this is simply not the case and a starting point of 50/50 residence is in fact discouraged in the Family Justice Review.

It is crucial to remember that the Court will always give the most weight to the interests of the child when considering childcare arrangements. Therefore, whilst those parents who have less contact following the breakdown of a relationship are likely to feel let down by the justice system, those feelings are ultimately not the Court’s concern. The paramount consideration remains the child’s best interests and, more often than not, the Court deems that those interests are unlikely to be best met by a straight down the middle 50/50 split of residence.

That said, the importance of maintaining a relationship with both parents, taking into account all aspects of parental responsibility, is very much at the forefront of the changes proposed by the Bill. Contrary to much public opinion, this notion is nothing new to the Courts and does in fact form a major consideration in deciding almost all of the cases which appear before them.

What does the Children and Families Bill mean for you?

It has long been understood by the Courts and related agencies that more often than not, an ongoing relationship with both parents and close members of both extended families is likely to be beneficial to a child’s well-being following parental separation. It is also understood however that the quality of those relationships, rather than the quantity, is likely to be the most crucial factor in fostering and developing family relationships to the child’s greatest benefit.

Proponents of “equal access” for parents are likely to be disappointed by the Bill which does not, on that view, go far enough.

However, it will be open to the Courts to test the question of what shared parenting amounts to exactly and it may yet be the case that the Bill goes quite some way in leveling the playing field in respect of parents’ involvement in their children’s lives.

For advice regarding children matters or any other aspect of family law, contact Lisa Kemp

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Divorce Law Family Law Separation Law

Some Same-Sex Couples are Denied Divorce

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

Imagine the Following Hypothetical Story:

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

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

Do They Need a Divorce?

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

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

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

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

What to Expect

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

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

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

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

What’s the Difference?

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

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

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

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

What Do You Think?

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

 

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

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Divorce Law Family Law Separation Law

Legal Separation vs. Divorce

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

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

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

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

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Family Law

Are celebrities more likely to divorce?

If you’re the type to keep up with celebrity headlines you’ve probably notice the onslaught of celebrity divorces. They’re everywhere! Kim and Kris, Tom and Katie, Katy Perry and Russell Brand are only a very small selection of the headlines you’ve read in the past few months. Why are all these marriages failing? Lets take a look at the celebrity divorce trend, and also what you can learn from it to protect your marriage.

According to a recent study by The Marriage Foundation, a UK based research institution, celebrity relationships are nearly twice as likely to end in divorce than non celebrities. Over 500 high profile celebrity marriages were examined over the past 10 years to come to this conclusion, and this shouldn’t be the least bit astonishing. After all, adoring fans can tend to put a lot of pressure and stress on celebrities and their personal relationships. They’re constantly in the public spotlight. Simply going out in public without holding hands can be enough for the tabloids to begin publishing vicious breakup rumors.

There’s no doubt that the celebrity lifestyle is also to blame for failing marriages. With money to burn, and being in company with lots of other beautiful people, temptation lurks everywhere they go. It takes a very strong willed person to be around beautiful people all day, and not make any infidelity mistakes that could doom a marriage.

So what can us regular folks learn from failed celebrity relationships to make sure it doesn’t happen in our own relationships? Here are a couple ideas:

Always make time for each other
Life gets busy, and when your schedule is jam packed with work, travel, and other obligations many times it’s our family that bears the burden. Alone time with your spouse to rekindle and keep the romance alive starts to disappear as can your feelings toward your spouse. Don’t let this happen to you! Setting aside just a few minutes a day to catch up with your spouse can make sure your relationship doesn’t fall apart. Also never forget the importance of telling them how much you love and appreciate them, even when you’ve got to rush off to your next obligation.

Be aware of temptations
Headlines are jam packed with stories of celebrity infidelity, and you have to admit it’s tough to keep your self control when around beautiful people all day. So, be wary of putting yourself in one-on-one situations with someone with whom an intimate relationship could develop.

Studies have shown that couples who make time for each other, and avoid sticky one-on-one situations with members of the opposite gender are far more likely to make their relationships a success. With every failed celebrity marriage, there’s an opportunity to learn what led them astray and do the opposite to avoid it happening to you!

Just for curiosity’s sake, here’s a quick look at a couple of the shortest, and longest high profile celebrity marriages:

Shortest:

Britney Spears and Jason Alexander (55 hours)
Kim Kardashian and Kris Humphries (72 days)
Pamela Anderson and Rick Salomon (60 days)

Longest:

Barry and Linda Gibb (40+ years)
Tom Hanks and Rita Wilson (20+ years)
Michael Douglas and Catherine Zeta Jones (13+ years)

This post was written by Shelby, who created DivorceIndex.net as a resource to help people learn about divorce law, and find a divorce lawyer near them.

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Domestic Violence Family Law

Internet Safety Advice for Domestic Abuse Survivors

The internet can be a valuable source of information and support for survivors of domestic abuse, but it can also pose a threat to your safety. Many abusers obsess over their victim and have a tendency to track their online activity. If you have escaped your abuser, your online presence may also be dangerous because it can lead your abuser back to you. Applying simple rules to your internet activity can drastically improve your online safety.

Cleaning up your computer
Because your abuser is someone you know, they have likely at some point had access to your computer, laptop or cell phone. One way that abusers can track your online presence is by secretly installing monitoring or spying software. Another easy way they may spy on you is by turning on parental controls, and making you the child’s account which is monitored. If your abuser were to do this, everything the “child” does is reported back to the “parent,” meaning that anything you do is reported back to your abuser. Any victim of domestic abuse should check for this software. If you are not tech-savvy you can take your computer to a trusted computer repair shop.

After you have checked your computer for monitoring software, change all of your passwords to new, strong passwords. Do not make your password anything that your abuser might guess. If you have a cat named Fluffy, your password should not be Fluffy123. This not only includes your email, social media and bank accounts, but your wireless connection password as well.

E-mail and social networking
If your abuser continues to contact you via email, simply blocking their email address from your existing personal email account is likely not enough to prevent future contact, because they can always create new accounts. To put an end to contact you must create a new email account that only your most trusted contacts and colleagues have access to. Remain anonymous and be sure not to include any part of your name in the email address. This will make it more difficult for your abuser to find you. Also check to be sure the email service does not expose your real name in the “from” line when corresponding.

Delete all existing social media accounts including Facebook, Twitter, LinkedIn and Google+. If your abuser is aware of these accounts, he will find ways to check your statuses, check-ins and photos. If you want to continue using social media, delete all current accounts and recreate new ones with stringent privacy settings. Sometimes privacy settings can be tricky, and will leave a lot of your information exposed even when you think you have applied the strictest of options. Also be cautious of who you “add” on new accounts, avoiding any mutual friends that you and your abuser share.

Shopping online
Although online shopping accounts like eBay and Amazon may seem to carry harmless information, they are actually the most dangerous because they contain information regarding credit cards, email address and delivery details. When deleting and changing accounts, don’t put yourself at risk by letting these ones fall by the wayside.

Special thanks to Aeschleman Law for providing this article.

Aeschleman Law
San Jose Family Law & Domestic Violence Attorney
1550 The Alameda, Ste 330
San Jose, CA 95126
(408) 724-8930

Categories
Family Law

The biggest change in legal services for 70 years and no one knows

The clock is very much ticking for people in England and Wales to get legal aid in relation to most family law matters and the media seem not to be taking it seriously at all.

We are less than 8 weeks away, from the biggest change in the provision for legal services in 70 years and yet the media and printed press are silent.

Under the Legal Aid, Sentencing and Punishment of Offenders  Act, 2012, from  1st April this year, legal aid will no longer be available for most divorce, financial and private law children cases, such as disputes between parents over residence and contact arrangements for their children. Unless there has been domestic violence, people will either have to go to court on their own or find the money to pay lawyers,

The coalition government has introduced these changes in order to cut the legal aid budget by £350 million per year in accordance with their deficit reduction plan.

The result of this withdrawal will result in the overwhelming majority of people who are currently able to obtain and access legal advice and representation, no longer being able to do so and yet does the average person on the street have a clue what is going on?

Figures obtained from the Ministry of Justice under the freedom of information act showed that in 2011 34,000 people filed for divorce without representation. That figure represented % of all divorces. it does not deal with people who needed help with contact and residence cases, or financial disputes which make up the vast majority of cases in the courts.

Public funding will still be available for  people involved in public law children cases, for example proceedings where Social Services are involved with children. For those who financially qualify, there will also be funding for cases of domestic violence.

Currently it is estimated that 250,000 people per year receive family advice, assistance and representation under legal aid. It is anticipated that after the changes come in, this number will decrease to as few as 40,000 people. That means

 

The government hopes that the changes will not only cut the current £2.2 billion legal aid bill, but also encourage people to resolve matters more amicably through services such as mediation. This is all very well, but no one knows about it and the Government have not publicised the changes at all.

These cuts will limit access to justice for the majority of the population and could cause the courts to be full of people representing themselves as a result of not being able to afford legal representation.

The broadsheets have over the last year, published articles and the BBC have done a few small pieces about this, but the vast majority of people in the country do not read the Guardian.

The legal industry is only now noticing the growth of diy divorce websites, despite the earliest service having launched way back in 1999 and the concern that was recently expressed by the legal Ombudsman, that the legal aid changes will see a rise in people opting for cheaper, poor quality service out of concern that other options are unaffordable, is in fact misplaced. The majority of complaints to them relate to communication problems and costs issues.

However, the legal profession are a decade too late in raising this issue now in 2013 as online divorce websites such as Divorce-Online have been in existence since 1999, quietly and efficiently providing services to clients who cannot afford a solicitor. in 2012 Divorce Online accounted for 14 % of the unrepresented divorce market. In 2013 we anticipate that our market share will only increase as people are turned away from Solicitors offices and advice centres, because they cannot get low cost family law services.

The criticism from lawyers is that divorce websites are impersonal, don’t have insurance and can cause problems later on with finances etc. This simply is scaremongering by a profession who have spent the last decade, sitting in their gilded offices, overcharging and wondering why their core business was ebbing away.

Divorce-Online as a responsible and professional legal service, advises clients of their options and the consequences of any actions they take in a divorce in relation to how it may affect their finances in the future, but we don’t charge £200 pounds per hour or £20 a letter.

The current business model of the high street Solicitor is expensive and unaffordable for all but the wealthy and until firms can find ways to bring down the costs of providing services, innovative and disruptive websites like Divorce Online, RocketLawyer etc will steal a march as the new dawn approaches. Those who can provide low cost affordable services will flourish and the rest will merge or die.

Categories
Family Law

The Impact of Legal Aid Changes on Family Law

Legal aid in England and Wales is changing and it will have a particular impact on family law. Legal aid aims to help those who require financial assistance to pay their legal fees but the government is cutting its annual spend in this areas by £350 million from April 2013. Legal aid will no longer be available to the vast majority of divorcing couples.

In recent years around 250,000 divorce cases a year have been funded by legal aid. The aim is to reduce this to 40,000, thus making significant savings. In most cases only those effected by domestic violence, abduction and forced marriage will be eligible to legal aid with the likelihood of receiving assistance coming down to finances. The reason for this is that in these cases going through the courts is usually the only way of proceeding whereas in other circumstances there are other options.

How Will This Impact Family Law?

It is difficult to predict the exact impact of these changes but there is little doubt there will be some changing trends within the family law sector.

With the lack of available legal aid the cost of taking a divorce case through the courts will significantly increase for many couples. It is hoped that this will result in mediation becoming more common place. Where this route is taken it leads to huge savings in solicitor’s fees and court fees. Expensive legal fees may put couples in a position where they feel there is no option but to go down the mediation route but it may, in the long run, also lead to a simpler, less stressful separation.

Another way that the legal aid changes could make an impact is by it leading to more people representing themselves in court. This is something many in the legal profession are concerned about as self-representation can end in disaster. Without the knowledge of the workings of a court it is very difficult to make a good legal case. This could, therefore, lead to not getting the result they are deserving of. This could be particularly problematic if one party can afford legal assistance and the other cannot. It has been claimed by some that wives who can’t afford to pay for legal assistance, but whose husbands can, will be impact the most (of course this can also happen in reverse). If one party is being legally represented and the other isn’t then it can make a fair outcome even more difficult to come by as it makes it more difficult for a court to assess the situation accurately.

One fear is that there could be an increase in poor quality legal assistance. Those unable to afford a good solicitor may have no choice but to pay for cheaper, and therefore lesser quality, legal assistance. A final possibility is that there could be a reduction in the number of couples getting divorced. It is difficult to say whether or not this will be the case, but if it is it could lead to some couples remaining in unhappy marriages as they see divorce as unaffordable.

Conclusion

It could be argued that an increase in the number of couples going through mediation would be a positive. But, in reality will this happen? Some in the legal profession have predicted that it will not, and people will instead proceed without legal assistance, therefore slowing down the process and making it more complex.

Contrary to popular belief, in many circumstances lawyers actually reduce the number of family law cases going to court at present. They encourage negotiation, something that is easier with legal representation as a separating couple do not have to go directly to one another. Lawyers also often play a part in managing expectations. As they understand the ins and outs of the industry they can be more realistic than their clients, as people don’t always see the boundaries of what is possible themselves.

About the author

This post was written by Andrew Marshall, a writer and internet marketer. Andrew works with a number of UK law firms across a wide range of legal sectors.

Categories
Adoption Child Support Family Law

The Different Types of Cerebral Palsy

cerebral palsyCerebral palsy is a broad term for a condition that affects an individual’s posture, muscle tone, balance and movement. Cerebral palsy can result during embryonic development or it can be the unfortunate result of a traumatic birth injury. Often, cerebral palsy results from inadequate blood or oxygen.  Other possible causes can be seen here. There are five different types of cerebral palsy, each explained below.

 

Spastic Cerebral Palsy

When children are diagnosed with cerebral palsy, most children will be diagnosed with spastic cerebral palsy. In fact, spastic cerebral palsy affects between 80 and 90 percent of cerebral palsy sufferers. This type can affect one side of the body, it can affect two limbs, or it can affect all four limbs. When two limbs are affected, this is known as spastic diplegia. When four limbs are affected, this is known as spastic quadriplegia.

Spastic cerebral palsy causes muscle tightness and can sometimes cause an individual to have difficulty communicating. The symptoms of this type of cerebral palsy are treated with physical therapy, stretching, exercises, and sometimes, Botox. It is important to note that this does not affect an individual’s intelligence.

 

Athetoid Cerebral Palsy

Athetoid cerebral palsy affects about 20 percent of cerebral palsy sufferers and the symptoms are slightly different from the previously mentioned type of cerebral palsy. Athetoid cerebral palsy can cause slow, involuntary muscle movements, especially of the torso and of the extremities. Sometimes this type of cerebral palsy also affects face and tongue muscles, in which case drug and speech therapy is required. Muscle tone with this type of cerebral palsy is mixed; it can either be too high or too low.

 

Hypotonic Cerebral Palsy

Hypotonic cerebral palsy results in very uncontrollable, floppy arms and legs. It also tends to affect the individual’s posture, so they will often slouch or lie down. Trouble controlling and holding the head in a neutral position is also difficult for individuals with this type of cerebral palsy. Additionally, fatigue is a very common symptom of hypotonic cerebral palsy.

 

Ataxic Cerebral Palsy

Ataxic cerebral palsy is the least common type of cerebral palsy, and less than 5 percent of individuals with cerebral palsy will have the ataxic variety. This type of cerebral palsy affects how well an individual can balance and coordinate their muscles. Individuals will have poorly defined muscle tone and will have difficulty moving.

 

Mixed Cerebral Palsy

It is possible for individuals to be affected by a combination of different types of cerebral palsy, which is known as mixed cerebral palsy. When this presents, it is most common for the spastic and athetoid types to be mixed together, although mixing of any of the types of cerebral palsy is possible.

Sometimes cerebral palsy cannot be prevented, as it can occur during embryonic development. However, sometimes cerebral palsy is the result of a traumatic birth injury. Again, this can be unpreventable or it can be result of medical negligence.

If you or someone you know has a child with cerebral palsy, and you believe it could be the result of medical negligence, consider seeking the professional help of an experienced birth injury lawyer. Salvi, Schostok & Pritchard, P.C. is a law firm comprised of cerebral palsy injury and birth injury lawyers located in Illinois.  For more information about birth injuries and cerebral palsy, visit the website at www.CerebralPalsyInjuries.com.

Categories
Family Law

Causes and Prognosis of Klumpke’s Palsy

Modern medicine has changed dramatically in the last hundred years. What was seen as untreatable even a few decades ago is now managed with relative ease. Despite these improvements in health care, some conditions—such as Klumpke’s Palsy—continue to provide challenges to doctors and nurses. Individuals who have been diagnosed with this condition or are concerned about its development may want to have a basic understanding of the disease itself, its symptoms, causes, and prognosis. Working with a health care team experienced in the management of Klumpke’s Palsy is important for those who want to achieve optimal results in the treatment of the condition.

What is Klumpke’s Palsy?

As with all conditions, obtaining some knowledge about the basics of Klumpke’s Palsy is important for those living with the disease. Traditionally, Klumpke’s Palsy is defined as a condition characterized by the complete or partial muscle paralysis of the lower roots of the brachial plexus. Specifically, Klumpke’s Palsy has been found to affect the C7 and T1 branches of the brachial plexus, though other roots may also be involved. This palsy results in weakness in the fingers and hands, and loss of use of various fine muscles in the region.

Symptoms of Klumpke’s Palsy

As mentioned above, individuals who have been diagnosed with Klumpke’s Palsy often experience weakness in their fingers and hands. In more advanced cases, complete paralysis can occur, leading to the development of a “claw hand.” Ulnar nerve numbness is another common symptom of Klumpke’s Palsy, and can be very disruptive to individuals living with the disease. The loss of nerve sensation associated with Klumpke’s Palsy can sometimes lead to serious burns, lacerations, or other physical ailments, as the sensation of pain is no longer present.

Causes of Klumpke’s Palsy

There are a number of different factors believed to be behind the development of Klumpke’s Palsy. According to Erbs Palsy, babies that are large for gestational age may be at the greatest risk for the development of this condition. Similarly, mothers who have been diagnosed with gestational diabetes, have had a history of caesarean sections, or are themselves quite small-boned may be more likely to deliver a baby with Klumpke’s Palsy. Finally, mothers that have gained a substantial amount of weight during their pregnancy, are of an advanced age, or suffer from an extended pregnancy may give birth to a baby with Klumpke’s Palsy.

Prognosis for Klumpke’s Palsy

So what, exactly, is the prognosis for Klumpke’s Palsy? Can babies who are born with this condition expect to see a resolution in their condition? Unfortunately, there is currently no “tried and true” treatment for those who have been born with this serious health condition. Most experts recommend early immobilization, followed by a regimented program of physical or occupational therapy to manage the symptoms of Klumpke’s Palsy. In the more severe cases of the condition, certain types of surgery—such as those which promote nerve stimulation—may be recommended by experienced health care providers.

Salvi, Schostok & Pritchard P.C. is a personal injury law firm located in Chicago, Illinois.  For more information, please visit us at www.salvilaw.com.

Categories
Family Law

Is Alimony Still a Reasonable Concept?

Guest post from US family law bloggers.

Despite the salary inequalities that still persist between men and women, many modern-day wives are working alongside their husbands. Some women even earn more. You might wonder why we still have alimony, where the ex-husband pays a monthly sum to the ex-wife. Some people argue that alimony should be a thing of the past, while others feel that it’s still an valid law.

An important point that can’t be overlooked when discussing the relevancy of alimony in today’s culture is that it is not necessarily the responsibility of the husband. Alimony is a court-ordered duty of the top earner in the marriage. The difference in the earnings of the two spouses has to be significant for alimony to be decreed. However, both historically and traditionally, the male has been the one to pay the alimony bills. Judges have consistently awarded alimony to the female, even in cases where both ex-spouses had jobs during the marriage.

Today, many family court justices are working on adapting the law so that alimony isn’t set up as an unfair burden on men, but as a fair distribution of martial property.

How did alimony come to be? In the past, women were not allowed to own property. Thus, in a marriage, all the land and property were owned solely by the husband and never the wife. And in cases of divorce, the ex-husband would keep everything and the ex-wife would be left with nothing. Alimony was established as a way for the ex-wife to be able to survive after divorce.

Obviously, the circumstances have changed today. Martial property is usually divided equally between two parties in a divorce and if there are children, the home is often given to the ex-wife on the grounds that it would be less traumatic for the kids. The more you look at it, the more it seems like alimony should become obsolete.

On the other hand, you could argue that women are still at a disadvantage after a divorce. Even today, many wives choose to leave the workforce in order to stay home and raise children. Some of them move across the country when their husband gets a new job and leave their career behind. After years and years of contributing to the marriage through raising kids, taking care of the home, and managing the finances, should these women be left with no career prospects and no monthly income when divorce happens? Alimony helps level the playing field and allows these women to continue living on as they have before.

What about husbands who took on the stay-at-home role? They probably would benefit from alimony payments from their ex-wives as much as a woman would.

An important issue to consider is whether the ex-husband should be legally required to pay alimony for the rest of his life. Should the sentence of alimony be reduced to a certain amount of years instead, with the purpose of providing support to the women until she is able to enter the workforce and earn enough money to maintain her lifestyle?

Alimony will become a much more acceptable and fair concept if it truly becomes an equal opportunity responsibility.

About the author

This piece was written by Trevor Patterson, a freelance writer and blogger based in the greater metro area of Las Vegas, Nevada. Patterson focuses on law, politics, economics and real estate. Legal needs come in various forms; for those with needs in the area of Pedestrian Accidents be sure to consult a professional with sufficient expertise in this subfield.

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
Family Law

5 Ways a Felony Can Impact Your Life

A felony can adversely impact your life in all sorts of ways. You don’t want to plead guilty to a felony, whatever you do. That’s why it’s always a good idea to get a seasoned lawyer to represent you when you are facing any criminal charges. Here are the five ways a felony can impact your life.

You Won’t Be Eligible for Federal Assistance

If you are found guilty of a felony or plead guilty to one, you won’t be eligible for federal assistance. This means that you won’t be allowed to, for instance, receive any food stamps or get help with paying for higher education. You will not be allowed to get loans, grants or work-study. If you’re short on savings, not getting federal assistance can adversely impact your life.

You May Have to Forfeit Professional Licenses

If you have established your career and been professionally licensed, a felony conviction can undo all that. Let’s say, for instance, that you were licensed either to practice medicine or teach before your felony. A conviction can lead to the revocation of your professional license.

It is Hard to Find a Job

This is probably the most ruinous way in which a felony can adversely impact your life. A lot of employers will be skeptical of hiring a person with a felony conviction, as they will presume that you are at the very least untrustworthy – or worse – dangerous. Without a job and the ability to support yourself, your quality of life will undoubtedly suffer.

Your Ability to Travel Will Be Impacted

Your ability to travel to foreign countries will be negatively impacted by a felony. If you are an immigrant to the U.S., you may not be permitted to become a naturalized citizen of the U.S. In Canada, for example, you won’t even be allowed into the country since Canada doesn’t allow people who have been involved in criminal activities into the country.

You Will Not Be Allowed to Own Firearms

If you like to hunt or carry guns for personal protection, then a felony will rob you of the right to carry firearms. After a felony conviction, your right to own guns goes out the window, so you can’t hunt or use a firearm for self-defense purposes. If you enjoy hunting, you’ll need to find another hobby. If you live in a bad neighborhood, it may be time to move.

While being convicted of a felony is by no means the end of the world, it will make your life very difficult. Of course, you can always restore your community standing and enjoy success after a conviction, but it is going to take a long time and be very challenging.

If you have been accused of a felony or other criminal activity, it is important to find a legal representative to defend your case.  Paul J. Tafelski is an experienced criminal defense lawyer located in Michigan.  For more information about felonies and other criminal charges, visit the website at www.MichiganDefenseLaw.com.

Categories
Family Law

Elderly Parent Legal Rights

As you age, you might worry about who will handle your estate if you no longer have the mental capabilities to handle it yourself. This happens with many people all over the world and there is no shame in assigning power of attorney to a friend or family member. Contrary to popular belief, however, your next of kin is not legally entitled to take over your finances unless you assign power of attorney to a particular individual. If you do not want your children to delegate your care or finances in the future, you have the right to prevent them from doing so.

Power of Attorney

Before anyone can deal with your finances; he or she must have power of attorney, which is a document which gives him or her right. This is important because the legal system does not grant this power automatically. If your children do not have this document, they are not able to delegate your care or finances without help from the courts. Many children wrongly believe that handling your care and finances is both their right and their responsibility, but this is not the case.

Court of Protection

When it becomes clear that an elderly person is no longer to deal with his or her finances, a caregiver can apply to the Court of Protection. Going through this court is much more expensive than gaining power of attorney beforehand, but it is the only legal option once it reaches this stage. The Court of Protection will look at the situation objectively and decide what to do with the elderly person’s care and assets.

Purpose

The purpose of the Court of Protection is to make a decision on the elderly person’s finances if he or she is unable to handle them. The court begins by deciding if the individual has the mental capacity to handle his or her finances. If the court rules that the elderly person can still take care of him or herself, the children have no right to handle his or her finances. This court is in place to protect an elderly person’s assets by preventing children from illegally taking this money.

The Court of Protection also has the ability to make decisions in the best interest of the elderly person. Therefore, if you have not granted your children with the right to handle your finances and they have no legal right to this money, all of the decisions will be made by the courts. The courts can then delegate money for your medical care and do everything that someone with power of attorney would normally handle.

Putting Someone Else in Charge

In some situations, the Court of Protection might put someone else in charge of the elderly person’s estate. That person, however, must act in the best interest of the elderly person and if these duties are not met, the court can remove the deputies from the case. The court can appoint a family member, friend or attorney to handle these duties, depending on the situation.

Your Rights

If you are aware of your children trying to handle your finances without your permission, you have a few different options. Many people will immediately go through an attorney, as this attorney can take this matter to court. It is very important that you know your rights in this situation, as your children do not have the right to handle your finances just because they are your children. You have the right to handle your own care until the courts decide that you are no longer capable of doing so.

Categories
Family Law

Matrimonial property rules cannot be maintained says family lawyers group

Law Commission was backed by the Resolution on need for reform to avoid postcode lottery saying that the current laws on matrimonial property was not sustainable policy choice and the rules should be reformed on a principled basis.

The Family Law Bar Association yesterday questioned Law Commission’s plans to introduce a “clear, principled basis” for sorting out disputes, warning that they could make settlements harder to achieve.

Responding to the commission’s consultation on matrimonial property, Resolution said it shared concerns of the commission about the lack of an ‘objectives clause’ in section 25 of the Matrimonial Causes Act 1973.

The family lawyers group said there were currently “wide differences of approach” in the way courts across the country dealt with disputes, resulting in a “postcode lottery” on orders for periodical payments raising difficulties in advising some clients, but also the issue of forum shopping.

An expert practitioner would have the knowledge of whether a particular court would transfer a matter back to the home court and the possibility of a different type of order likely to be made against the home courts orders.

Resolution said that unreliable evidence meant that clients were more likely to get a joint lives order if the matter was heard at the Principal Registry of the Family Division in London rather than a less generous order if issued in Birmingham.

The family lawyers group stressed that litigants in person were unlikely to make a starting point for the payment of spousal support from section 25 of the MCA in principle or guidance. The group said that principled reform should take the place of a “reformed discretionary approach” rather than a formulaic calculation.

It favoured “non-absolute limits” on the extent of financial support for former spouses, both on the percentage of net income one should pay the other and the length of time the payments should last.

The group illustrated that the limits should not cause hardship to wives over 55 years of age who have not worked during the marriage. It also said that there was merit in reform to prompt the courts to fully and properly consider the exercise of their powers. The courts normally ignore question of any increase in earning capacity which should be reasonable for a party to expect to take steps to acquire.

Resolution said courts should be under a stronger obligation than that contained in section 25(a) of the MCA to decide whether it would be possible for support to be terminated, but the hardship rule should be retained. A term order could encourage increasing income and earning capacity and recognise the vanishing of the historic gender imbalance in earning capacity.

Resolution added that there could be guidance warning clients not expect to get ‘half’ of the other party’s income, “to provide more certainty, soften the unrealistic expectations of some claimants and avoid discouragement to payers making them seeking to reach agreements on their own or in mediation.

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
Family Law

Treat kinship carers like foster carers, says survey

Guest post from family lawyers based in Edinburgh, Scotland.

Almost three-quarters of adults agree that kinship carers – grandparents and other family members who are bringing up a child because their parents cannot look after them – should receive similar support to foster carers, says a new nationwide poll.

Boost for kinship carers

The YouGov survey has been welcomed by charities Grandparents Plus, the Family and Parenting Institute and Family Lives, as a massive boost for the estimated 200,000 kinship carers in the UK.

It reveals that:

  • 76% of those surveyed agree or strongly agree that kinship carers should receive practical help from the local authority;
  • 67% agree or strongly agree that kinship carers should receive a financial allowance;
  • 78% agree or strongly agree that kinship carers should receive a financial allowance if they are on a low income; and
  • 60% agree or agree strongly that kinship carers should be entitled to a period of paid leave from work.

Wider family networks

The charities commissioned the poll in the wake of new welfare reform proposals, which they fear could impact on families who have taken on additional caring responsibilities.

“The poll findings demonstrate clear public support for a diversity of family forms in the UK and the importance of drawing on wider family networks in times of strain. Even in austere times, there is public support for valuing the enormous contribution that kinship carers make in bringing up vulnerable children,” said Katherine Rake, chief executive of the Family and Parenting Institute.

Flexible working

The positive poll ratings have been followed by more good news for kinship carers, in the form of the announcement earlier this month that the Government will extend the right to request flexible working to all.

A report by Grandparents Plus last year found that 47% of kinship carers give up work when they take on the care of a child. Forty-one percent are then dependent on welfare benefits, while 60,000 have dropped out of the labour market entirely.

Flexible leave entitlements

Sam Smethers, Chief Executive of Grandparents Plus, welcomed the move.

“This is something that we have been calling for for some time,” she said. “Grandparents who are trying to juggle work and caring for their grandchildren are one of the key groups who will benefit.  One in four working mums rely on them for childcare.”

“The next step is to make it possible for parents to transfer unused periods of parental leave to grandparents, if that’s what families want to do,” she argued. “And to create leave entitlements for those grandparents and other family members who step into the parenting role, keeping children out of care.”

Contact Family Law Solicitors

For specialist advice, contact FLE, family lawyers based in Edinburgh, Scotland.

Categories
Family Law

Do Your Homework When Choosing a Family Attorney

You want a lawyer that’s a shark, a bullet—unstoppable. Or at least that’s what you’ve been led to believe. Choosing an attorney is a big deal, but oftentimes people just randomly choose a name or firm from the phonebook. You’re investing your money and rights into this expert, and you deserve more than that.

Just like choosing a doctor or university, you need to find the right match for you. This is especially true if you’re looking for a business or estate planning attorney who will be helping you out for many years. Personality matters nearly as much as experience and prior success. Consider choosing an attorney similar to dating.

Come Prepared

When you’re first meeting with an attorney, this isn’t necessarily your “first meeting.” It’s a time for you to decide if this is the right person or firm to be in your corner. Most people get flustered and don’t remember everything they want to ask. Write down all of your questions and make sure the attorney gives you clear answers.

It’s often smart to meet with a few attorneys before choosing one. Let them know that you’re “shopping around,” and you should expect them to respect this. Their job is to work for you and help you succeed. This involves making you comfortable and ensuring that you’re happy as their client.

Check the Chemistry

If you’ll be working with an attorney for many years, it’s important that there’s some chemistry. This includes them being polite and friendly and maybe having the same values. You might want your attorney or law firm to be active in the community, or have a family-oriented perspective on things. It’s your money, and your decision.

Personality is critical, but so is fee structure. It’s no secret that attorneys can be expensive. You need an attorney who works with you and your budget. A firm with creative fee structures or that offers unbundled packages is a huge plus for many clients. Even if you’re rolling in the dough, it’s still important that you spend wisely.

It’s Not Marriage

You’ve done your research, met with a few attorneys, and made your decision. Maybe you’re choosing an attorney for complicated estate planning—that means you’ll need them for your entire life. Don’t let fear of commitment get to you. You don’t have to stick with an attorney forever.

Your attorney is an important part of your life, but not necessarily permanent. Make sure you take the time to pick the best one for you—at that time in your life. Doing so can ease your stress and ensure that truly everything you need is being addressed.

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.