Tag: divorce

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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

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
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
Child Support Children Divorce Law Family Law Finance

Organizing Your Finances after Divorce

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

 

How Divorce Impacts Your Money

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

 

Take Action Before You Even File for Divorce

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

 

Restructuring Once the Divorce is Final

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

Categories
Child Custody Child Support Children Divorce Law

Managing Life as a Single Parent after Divorce

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

Struggles of Single Parents

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

  • Childcare

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

  • Finances

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

 Coping with Stress

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

 Manage your weight with diet and exercise

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

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

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

Laugh

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

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

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

Read more about coping with stress on the CDC webpage.

 

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

Categories
Divorce Law Finance

Divorced But Neither Wants the House: What to Do?

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

Why Wouldn’t You Want to Keep the House?

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

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

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

Possible Solutions

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

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

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

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

Categories
Child Custody Children Divorce Law

Divorce: Is Your Child the One Suffering?

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

Be Conscious of What Will Upset Your Child

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

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

Encourage Conversation With Your Child

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

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

Talk Care of Yourself and Learn to Manage Stress

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

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

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

Categories
Child Custody Divorce Law

Common Factors in Determining Custody Battles

child custody

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

The Child’s Age and Gender

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

The Child’s Personal Preference

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

The Parent’s Lifestyle 

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

The Child and Parent’s Relationship

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

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

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

Categories
Divorce Law

7 Tips on Hiring a Divorce Lawyer

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

Tip #1:  Get an Outside Professional

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

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

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

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

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

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

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

Tip #5:  Get Recommendations From Divorced Friends

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

Tip #6:  Avoid the Hyper-Aggressive Lawyer

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

Tip #7:  Interview Multiple Lawyer Candidates

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

About the Author

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

Categories
Divorce Law

Difference between Legal Separation and Divorce (US Law)

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.

Categories
Divorce Law

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.

Categories
Child Custody Divorce Law

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.

Categories
Divorce Law

Don’t Go Through It Alone When Getting a Divorce

(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.

Categories
Divorce Law

Divorce Infographic

Settling Divorce
Categories
Divorce Law Domestic Violence

The Many Facets of Restraining Orders and Divorce

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.

Categories
Divorce Law

How Does Divorce Affect My Retirement Account?

(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.

Categories
Child Custody Children Family Law

The Legal Implications of Child Custody During Divorce

(US law and generally) No doubt, the greatest victims of divorce are the children. The impact of a custody decision on a child’s mental and physical health is enormous. Disturbances in the parent / child relationship cause depression, anxiety, antisocial behavior, and may impair the child’s ability to form healthy relationships as an adult. Notable studies (Brook, Zheng, Whiteman, & Brook, 2001) have unequivocally linked angry parenting practices with the expression of anger and aggression in very young children.

There is a persistent and harmful misconception that joint custody predictably provides better long-term outcomes for children of divorce. It is well documented through years of scientific research that actual custodial arrangements are secondary to other issues. Instead, the greatest factors influencing child adjustment are the levels of parental conflict and the quality of parenting that the child receives.

Complex Child Custody Laws Require Effective Legal Assistance

Although child custody laws vary from state to state, most integrate a similar list of statutory factors that assist judges in performing a comparative fitness analysis. While consideration of these factors is mandatory, judges are given great leeway in decision-making. With this in mind, it becomes imperative to realize that bitter parents who litigate child custody often get distracted hurling accusations against each other.

This scenario provides very little useful information to the presiding judge, who needs to know which parent is the best suited for custodial status. While it is certainly necessary to point out negative factors and justifiable reasons for limiting visitation or decision-making authority, it is also crucial to give the judge positive information he or she can use.

Delays in the case are damaging for children and should be avoided. The American Bar Association advises judges and attorneys that, “When litigation proceeds at what attorneys and judges regard as a normal pace, children often perceive the proceedings as extending for vast and infinite periods. The passage of time is magnified for children in both anxiety levels and direct effect.”

Gender Bias

With the abolishment of the Tender Years Doctrine, a new presumption that favors gender neutrality is indicated in most state statues. Nevertheless, there is no doubt that perceived gender bias still exists in our family court system. Sometimes this bias is against the mother, especially if she works full time or becomes labeled an over protective parent. Fathers may experience the same frustration when the child is young and he has had limited involvement in day-to-day care.

Divorce and child custody issues cause a tremendous amount of financial and emotional stress, igniting volatile battles between the sexes outside the courtroom too. Political action groups advocate for the constitutional rights of both mothers and fathers, frequently ignoring the fact that the law requires the child’s best interests to be paramount to that of either parent.

Implications for the Future

Divorce and child custody issues are vulnerable to trends that favor public opinion. The law today is substantially different than it was twenty years ago. The way that law is practiced is also changing. The hardball litigation tactics used by older generations are being gradually replaced with a preference for negotiating child custody cases when possible.

In fact, only a minority of cases proceed to trial. These will typically involve complicated issues such as domestic abuse, child neglect or a personality-disorder parent. The National Council of Juvenile and Family Court Judges publishes a bench guide for assessing safety in these situations and offers recommendations for developing a plan that works.

Categories
Child Custody Children Divorce Law

Divorce and Drinking in CA: Will a DUI Affect My Custody Rights?

When parents are going through a divorce that involves a battle for the custody of children, there are considerations when DUI charges are pending or were present in the past. California courts are concerned with the safety, well-being and proper care of the children. Having physical custody of a child involves many responsibilities. Ultimately, the goal of the court system is to place children in a home that offers optimum parenting skills.

If you are trying to obtain legal custody and not physical custody, a DUI may still be a serious consideration. Decisions about a child’s health, education and many other details of their daily life may be better handled by the parent that shows responsibility through their own actions.

What Else May a DUI Charge Imply?

Our Walnut Creek DUI lawyer in California suggests that the court will want to know your background as a parent. If you have a current DUI charge, is it because you are a partier? If so, will parenting take a backseat to the lure of your social life? Was the child present in the car when you were stopped for the violation? Even if you had just dropped off your child or were just arriving to pick up her up, that is a serious situation and concern for the court when making custody decisions.

Current DUI Charge

The wisest decision you can make when faced with a DUI charge while a custody hearing is in progress, is to get an attorney who is knowledgeable and experienced with DUI cases. If you live in Northern California, contacting an attorney local to the area is essential to helping you achieve a favorable outcome. In fact, if this DUI is your first offense, a California court may allow a plea bargain that will reduce the charge so that no DUI will be entered on the records.

While the DUI charge may enter into the decision about custody, facing the charge and making an effort to resolve the issue will also have an impact, and hopefully, a positive one. Calling an attorney as early as possible after a DUI arrest is important because he or she can counsel you in many ways if they are involved in the case from the beginning. You could even choose a lawyer who is experienced in both DUI and child custody issues.

Past DUI Charges

Some other things to think about if you have past DUI charges on you record are: How did you handle those? Did you have more than one? Was it determined that you had a drinking problem? If so, did you complete a program to conquer the addiction and did that result in no additional DUI charges? A continuing history of DUIs is extremely detrimental to a custody hearing.

Another issue that may have adverse effects on your child custody case is if the DUI charge was coupled with other charges. Did the DUI involve an accident? Were any criminal charges filed? Were people hurt or was property damaged? All of these factors will be considered in your ability to care for your children.

Finding the Best DUI Attorney

As a parent facing a custody battle and a DUI issue, you will undoubtedly need the best attorney you can afford. Sharing custody of your children, at least part of the time, is a big incentive to get an attorney on your side as soon as the DUI charge is filed. A qualified legal team will be instrumental in helping you by offering the best possible options and alternatives in your specific situation. Knowing all your options and what actions you need to take is vital to the success of both your DUI charge and your custody hearing.

Karla M. Somers has worked as a child advocate and family mediator for divorce in New York. She is a contributing writer for the Law Offices of Johnson & Johnson, a dedicated Walnut Creek DUI lawyer team who is passionate about DUI defense and parental rights cases. They can answer your questions and help you put legal matters behind you.

Categories
Divorce Law

The Importance of an Attorney in High Net-Worth Divorces

Marriage can be a rewarding experience for many adults. While a marriage may be founded on love, it can often break apart for a variety of reasons. In some cases, a divorce may be based around financial matters. If a high net-worth individual is getting a divorce, it’s essential to have access to a divorce attorney. The following guide provides simple simple tips and tricks on how to navigate the world of divorce as a high net-worth individual.

When an individual decides to get married, he or she takes a sacred vow that is supposed to last a lifetime. Under ideal conditions, both partners in a relationship will be getting married for the same reasons. However, people may not always get married for the same reasons.

For example, there’s a reason that doctors and other professionals have no problem finding a potential spouse. In many cases, these individuals are considered to be excellent providers. If a relationship is founded on money, it is usually destined for failure.

If possible, it’s a good idea to get a prenuptial agreement before marriage. With a prenuptial agreement, a couple decides on how assets will be split in the event of a divorce. However, it can be challenging to maintain love when money is concerned. If a high net-worth individual wants to get a prenuptial agreement, the other spouse may not want to get married. In addition, these agreements can break the bond of love.

If an individual doesn’t a get a prenuptial agreement, half of his or her earnings after marriage may go to a spouse in the event of a divorce. While assets one obtains before a marriage are usually safe, any assets obtained after a marriage are usually up for grabs. However, it’s important to understand how this can impact one’s assets from before a marriage.

For example, imagine that a high net-worth individual owns a very expensive home. This individual then decides to get married. After 10 years, the marriage starts to fall apart. During this time, the value of the house has appreciated in value 20 percent. The low net-worth spouse is entitled to half of the value that the house has appreciated.

This concept also applies to other types of assets. This can include stocks, bonds, options, valuables, artwork, paintings, intellectual property and much more. Intellectual property can be a very tricky issue. For example, imagine that an individual is an upcoming music artist. At the time of one’s marriage, the artist still hasn’t been able to break out. However, he or she is able to experience success after a marriage.

The low net-worth spouse in this example would be entitled to half of all revenue streams that come from intellectual property created after the marriage started. If an artist becomes very famous, his or her spouse will own half that name. In some cases, courts may award that name to a low income spouse.

In addition, children can complicate the divorce process in several different ways. If a low net-worth spouse receives custody of children, he or she will be entitled to child support payments every month. However, there is no fixed price for child support. For example, a shelf stocker at a supermarket may pay only $150 a week in child support payments. However, an investment banker may pay thousands of dollars every week in child support payments. Since child support payments are often based on an individual’s income, it’s essential to have access to a professional lawyer or attorney.

 

Albert Myburgh has been serving the 5 boroughs in family law matters for 25 years. He strives to solve legal matters in an efficient, amicable, and successful manner.