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February 2017 Archives

5 myths men should know about high-asset divorce mediation

The end of your marriage is the beginning of a new life. One way that you might be able to get the divorce finalized a bit faster is through mediation. This option puts you and your ex-wife in charge of what happens with all the assets you amassed during the marriage. You and your ex-wife also make decisions about other aspects of the divorce. Don't fall for these common myths about mediation if you are ending your marriage.

An overview of the four divorce methods, Part 1

Not every couple is the same and not every divorce is the same. Before couples were permitted only one method, traditional litigated divorce. But the modern era as produced new methods of divorcing, to recognize that not everyone needs to rely on the adversarial courtroom to resolve their differences. This post will go over two of the four methods; the remaining two will be addressed by a follow-up post.

Who gets to claim the child as a dependent?

As tax season approaches, it is probably time to review some tax and family law issues. Divorce and child custody disputes profoundly influence your taxes, and it is important to understand how they work, so you avoid the dreaded "audit." Who can claim your child as a dependent depends on two things? First, with whom the child spent the majority of the year. Second, if the time is equal (as in for joint custody), then whether the proper paperwork and coordination are done between the parents. This post will address both questions.

An analysis of collaborative divorce: reasons to beware, Part 1

A new divorce method is sweeping across the country, collaborative divorce. It is a mixture of mediated and litigated divorce. As discussed in a previous article, each couple retains its attorney, and they commit to working together to achieve an amicable divorce. If it works, it is good for everyone, saves money, time, and emotional turmoil. But if it does not work, it can end up making the entire divorce more expensive because each couple must rehire new attorneys, which delays the entire process and costs more money. This post will go over some of those disadvantages.

Tips to manage divorce from an angry spouse

Unfortunately, despite all of the advances in counseling, divorce proceedings, the law, gender equality, and the progress in society, most marriages still end with one spouse angry or desolate. There is no cure for a broken heart or scorned lover. But there are ways to manage the divorce so that you are not drawn into a shouting match with your angry ex-spouse. This post will go over tips on how to handle an angry spouse.

Shielding your children from alcoholic parent during divorce

Divorce is always ugly. Ending a jointly built life is always going to be complicated. But, it is even worse if you have children. Add on top of that, an alcoholic parent, and you have an explosive mixture of emotions and impaired judgment. Unfortunately, thousands of couples divorce every month because one or both spouses were unable to address their substance abuse issues. In that reality, how do you protect your children from the ugly truth? This post will go over how you can try to protect your kids.

Is divorce mediation right for you?

Divorces are often misconstrued as contentious, expensive, and long-lasting – all egged on my attorneys on both sides. But the reality is that divorces get complicated because spouses are unable to resolve their differences. There are plenty of divorces that are resolved out of the courtroom, through alternative dispute methods. This post will go over divorce mediation and whether it is right for you.

Can you obtain a relocation order?

Relocation orders are special permission grants from family court judges. You need a relocation order to move your child a significant distance. They are necessary because usually a move away or relocation means that the child is being moved a substantial distance from their other parent. Obtaining relocation orders is possible but complicated. This post will go over how you might get a relocation order.

Is marital separation a viable option?

Divorce is expensive, even if you own few assets. You need to pay the court fees (which aren't waivable in most places), you probably need to pay a little money to sort out who gets what, and then there are other ancillary costs (getting to and from the court, parking, etc.). Altogether, it can cost $1,000 to divorce, even if it is uncontested and you own very few assets. In response, some people are considering marital separation as an alternative to divorce. This post will go over the pros and cons of marital separation.

Child custody concerns are addressed by the family law process

Child custody concerns can be a serious factor in many divorces which can be further complicated by life changes following divorce as the child continues to grow and develop. The family law process provides flexible resources to help parents and families negotiate to reach child custody and visitation arrangements and also help them amicably arrive at solutions when the need to modify a child custody arrangement arises.

An overview of common child support questions

Child support is one of those complicated areas of family law that befuddles many clients. Child support is a method of financial transference of wealth from one parent to the other parent for the care of their mutual child. Child support is paid by the spouse that spends the least time with the child to the parent who spends the most time. In theory, that means that parents who equally split time with the child should never owe child support. But in practice, that is usually never true because hardly any couple ever splits time with the children exactly 50/50. This post will go over child support and some common questions people have about it.

An analysis of collaborative divorce: reasons to beware, Part 1

Collaborative divorce is touted as the future of divorce and the key to ending acrimonious separations. While true, collaborative divorce does hold many promises to reduce costs, keep relations civil, and speed up divorces; there are significant limitations to the process. These limitations are necessary to keep the collaborative process running smoothly, therefore, they exclude some couples because they are unable to make the method work.

Collaborative divorce can be a good option in some circumstances

The end of a marriage is a sensitive time for many people as it often means the end of a long-term relationship. This can create special challenges for couples going through the divorce process. Because each couple and family, and their circumstances, are different, different divorce process options are important to consider and one may be better over another depending on the situation. Along with divorce mediation, collaborative divorce is another option to consider.

Child support and bankruptcy

Child custody battles are usually followed by child support negotiations and legal battles. In most cases, the non-custodial parent has to pay child support to the custodial parent to help them bear the finances of the child. The law is strict towards parents that do not pay their share of child support. It is very difficult to get yourself out of this financial obligation, and the judge makes sure every decision is in the best interests of the child. However, bankruptcy is a special case in which the laws are complicated, and the amount of child support might be changed.

What are the primary concerns in a high asset divorce?

The divorce process can be emotionally challenging. Divorces involving high net worth individuals can be especially challenging in many ways. Behaving against your interests during the divorce process, however, can have significant financial consequences both during the divorce and down the road, so it is important to be able to approach the process in a thoughtful manner that plans ahead for the future. Divorcing couples may have a variety of questions and concerns regarding the handling of a high asset divorce.

Nullifying prenuptial agreements

People use prenuptial agreements to protect their property and money in case their marriage ends in divorce. If you are not protected through prenuptial agreements, there is a chance you might lose most of your property. That adds to the emotional distress a divorce can cause. Signing prenuptial agreements can be complicated but they are a great way to protect your estate and property. However, you need to be wary of certain situations in which your prenuptial agreement might be nullified by the court of law.

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