It is important for the person wanting the divorce to understand why he or she feels that way. Understanding personal emotions can help when trying to find what to say to a spouse who will inevitably ask why their partner wants a divorce. Considering the other party's feelings is also important. Going over possible scenarios can help determine how to broach the topic in a respectful but unwavering manner.
]]> Possibly the most important step is gathering information. The divorce process can be complicated, and having information on laws can help in understanding what might occur when filing for divorce. Though it could seem guilt-worthy to plan for life without a spouse, pre-planning on how to handle issues such as child custody and property division could ease the stress when the process fully begins. Also gaining information on day-to-day activities such as dealing with bank accounts and paying bills could be beneficial if those aspects are normally handled by the other partner.Preparation is the best tool when considering divorce. Simply broaching the topic without planning could lead to numerous complications. Divorce laws vary from state to state, so looking into Texas laws and proceedings would be most beneficial. Divorce can be difficult for all parties involved and making the situation as easy as possible could lessen stress for everyone.
Source: Huffington Post, "How to Bring up Divorce When Your Spouse Doesn't Want One," Alison Heller, June 11, 2013
]]>As discussed in our previous post, the good news is that legal experts have identified a few simple ways in which divorcing spouses can preserve much-needed funds while still achieving their desired goals. In today's post, we will continue this discussion.
]]> Post continued …Pick your battles
When a marriage ends on rather poor terms, it can sometimes prove very easy for a divorcing spouse to lose sight of what’s really important. For example, because their feelings were hurt, they may feel compelled to fight at every turn and drag out the proceedings whenever possible.
According to legal experts, this can prove to be costly over the long run. For example, a prolonged legal battle over something as minor as ownership of an insignificant household furnishing can result in hundreds of dollars in legal fees.
Those struggling with the divorce process are therefore encouraged to speak with a therapist or find another way to effectively manage their conflicting emotions.
Hire the right people
When faced with a looming divorce, it is completely normal and understandable for people to experience anxiety over money matters. Specifically, many people worry about their ability to cover the fees for an attorney, accountant and/or other financial specialist.
However, legal experts advise people in these scenarios to resist the temptation to cut corners, as it can end up costing you more in the long run. In other words, don't be pennywise and pound foolish.
“If you hire someone good who knows what they’re doing, you’ll get the work done faster and more efficiently,” said one financial expert.
Carefully consider self-representation
Sometimes people decide to represent themselves in a divorce in a bid to save money. While this is while certainly laudable, it may not necessarily be the best option if you have the means to retain an attorney.
That’s because people who elect self-representation in contested divorce matters are frequently lacking a basic working knowledge of both the law and basic courtroom procedure, meaning they may inadvertently jeopardize their case.
In contrast, experts point out that an attorney will always protect both your rights and your best interests.
Consider speaking with an experienced and skilled legal professional to learn more about whether traditional dissolution of marriage, divorce mediation or collaborative divorce is right for your situation.
This post is for informational purposes only and is not to be construed as legal advice.
Source: Fox Business, "How to make your divorce cheaper," Andrea Murad, May 16, 2013
]]>This is not to say that divorce is something to be avoided, as it can free you from an unhappy marriage and enable you to move forward with your life.
Those considering divorce, however, should also be aware that this ability to move forward can sometimes prove costly. Fortunately, legal experts have identified a few simple ways in which divorcing spouses can preserve much-needed funds while still achieving their desired goal.
]]> Consider alternatives to courtThose who are unfamiliar with the divorce process probably have a pretty clear image in their minds of what is in store for them: prolonged and costly courtroom battles in which private matters are made public and couples are left feeling resentful.
While some spouses do have to go to court for their divorce, many others are capable of ending their marriages outside of court through alternatives to traditional divorce, such as collaborative divorce or mediation. These two alternatives -- explained below -- enable couples to settle their differences outside of court in a manner that is less hostile and far less expensive.
To be continued …
Consider speaking with an experienced and skilled legal professional to learn more about whether traditional dissolution of marriage, divorce mediation or collaborative divorce is right for your situation.
This post is for informational purposes only and is not to be construed as legal advice.
Source: Fox Business, "How to make your divorce cheaper," Andrea Murad, May 16, 2013
]]>According to some political experts, the adoption ban was more than likely signed as a form of retribution for the enactment of the Magnitsky Act, a U.S. law that imposes rather stringent visa and financial sanctions on those Russian officials facing allegations of human rights abuses.
For their part, however, President Putin and Russian lawmakers have indicated that the ban was necessary to protect native children from abuse and other objectionable conditions found in American families. Specifically, they pointed to several U.S. cases involving crimes against adopted Russian children, including one incident where a Tennessee woman put her adopted child alone on a plane back to Russia with nothing more than a note pinned inside his pocket.
The adoption ban was understandably painful to those American families nearing the end of the complicated, expensive and emotionally challenging adoption process.
]]> Interestingly, many of these American families descended upon Washington, D.C. this past week to urge the federal government to take action so that they could complete their much anticipated and nearly completed adoptions of Russian orphans.The group -- comprised of hundreds of so-called “pipeline” families -- presented a proposal to both federal lawmakers and the Russian ambassador, indicating that they were willing to do everything possible to complete their adoptions, including submitting to regular visits from Russian officials, and other forms of increased transparency/oversight.
“This group of families is dedicated to these children,” said the mother of one adopted Russian boy who saw her second adoption of a Russian girl fall through after the ban. “Don’t let out children be abandoned again due to politics.”
Despite the difficult political landscape and the possibility that their children have already been adopted, the families have vowed to continue their fight. Here’s hoping that lawmakers in both countries can make progress in bringing these loving families together.
Stay tuned for updates from our Ft. Worth family law blog …
To learn more about adoption rights, child custody, visitation or grandparents’ rights, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source: The Washington Post, “Families in the midst of adopting Russian orphans urge officials to release children,” Tara Bahrampour, May 14. 2013
]]>While the terms of the separation agreement reached with his former wife Megan France back in 2008 were made public some time ago -- $9 million, $42,000 a month in alimony and $10,000 a month in child support for a decade -- the actual divorce file had remained sealed from the public until last Wednesday.
For those unfamiliar with the story, France’s attorneys sought to enforce the confidentiality provisions of the divorce settlement shortly after it was executed, arguing that France “was entitled to a sealed court file not only in that matter but in all future civil actions related to the agreement.”
North Carolina law dictates that while most divorces and divorce hearings are treated as matters of public record, a judge does have the option of sealing records in high-profile divorce and child custody cases.
]]> The trial court judge ultimately granted France’s motion to keep the documents sealed. However, The Charlotte Observer and a local television station both appealed to the North Carolina Court of Appeals, which determined that France’s interest in keeping the litigation private was outweighed by the public right to an open legal proceeding.This sparked a series of back and forth legal actions, culminating in a decision by the appellate court in late December that the decision of the lower court judge to unseal the documents was indeed valid and should proceed accordingly.
Now that the 2,000-plus page divorce file has finally been unsealed, it sheds some light on some of the acrimony between the two sides, with France chiding his wife for spending a staggering sum of money and Megan France accusing her husband of both verbal abuse and “constant surveillance.”
Most interesting of all is that the documents reveal just how much property was at stake in this high-asset divorce. Specifically, they revealed the following about France:
To learn more about high-asset divorce, property division or other divorce-related issues, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source: USA Today, “Divorce case reveals details of Brain France’s finances,” May 8, 2013; Thatsracin.com, "NASCAR CEO France fights to keep divorce private," Sept. 25, 2012
]]>Of course, the question anybody has when this happens to them is whether he or she is responsible for this clandestine credit card debt.
According to legal experts, people who live in community property states like Texas should realize that both spouses remain responsible for any jointly held debt, meaning creditors are indeed free to come after either of you or your fiscally irresponsible spouse.
For those unfamiliar with the term community property, it means that generally any property or debt obtained by the spouses during the course of the marriage is treated as belonging to both of them, while any property or debt obtained by the spouses prior to their marriage remains separate.
]]> Experts also point out that even if the presiding judge takes the credit card expenditures into consideration and ultimately orders your former spouse to pay off this debt in the divorce decree, this is still not total protection from creditors.That’s because while the divorce decree can order the spouse to pay off the credit card debt, it still does not trump contracts made with outside parties, such as credit card agreements or loan agreements.
Experts suggest that those people who find themselves in these scenarios may want to consider taking steps to ensure that credit card debt is completely paid off as part of the ultimate divorce settlement.
Furthermore, they advise separated spouses who are not on good terms to strongly consider calling the credit card company to ask about the possibility of removing themselves from any jointly held accounts. While this step will likely not absolve them of responsibility for jointly held debts acquired prior to the divorce, it can help protect them in the event their former spouse suddenly starts spending recklessly.
Stay tuned for more from our Ft. Worth family law blog …
To learn more about dissolution of marriage or other family law issues, contact an skilled legal professional.
This post is for informational purposes only and is not to be construed as legal or financial advice.
Source: Fox Business, “Is wife liable for ex’s credit card debt?,” Sally Herigstad, May 7, 2013
]]>Regardless of which category you fall into -- or whether you fall somewhere in between -- experts advise people to move forward cautiously during the divorce, meaning they should consciously take steps to maintain their happiness and minimize their pain.
]]> The following are just a few of the many pitfalls that experts advise the newly divorced to avoid if possible.Friendship with your former spouse
In the immediate aftermath of divorce, many former spouses will go out of their way to try to remain friends. The reality, experts say, is that this can prove to be a very difficult proposition. The reason? Every divorce, no matter how amicable, can leave a person feeling emotionally, spiritually and physically drained.
That's precisely why experts indicate that former spouses should make an effort to establish boundaries. This doesn't mean that the two parties can't remain cordial and speak openly with one another, rather it just means giving one another the chance to heal and accept the new reality.
Managing your emotions
Many people will either bottle their emotions and/or try to navigate the divorce process entirely on their own. Not surprisingly, experts indicate that this can prove to be incredibly detrimental. Not only should the recently divorced reach out to qualified professionals like divorce attorneys or divorce coaches, but also to therapists or others who can help them sort through their feelings in a constructive manner.
Similarly, experts advise people to find healthy outlets for their sadness, anger or fear. This could be something as simple as making an effort to exercise or talking with a friend.
Making sound decisions
Experts advise that part of maintaining a happy and healthy lifestyle during a divorce is making sound decisions. However, many recently divorced people, they contend, make rash decisions in an attempt to start moving forward with their lives. This can mean everything from moving to a new place or buying a new car to starting a new relationship. Here, experts advise people to think carefully about all major decisions and to remember that time is on their side.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about dissolution of marriage or other family law issues, contact an skilled legal professional.
This post is for informational purposes only and is not to be construed as legal or financial advice.
Source:
The Huffington Post, "5 common divorce mistakes," Allison Pescosolido, April 8, 2013
]]>Another unfortunate reality, say experts, is that teens who age out of the foster care system are often at a distinct disadvantage since they are lacking a strong support system. Homelessness, limited education, and a lack of job opportunities are also a reality for many of them post-foster care.
Fortunately, we do have something of a support structure here in Texas for children who age out of the foster care system. In addition to certain monetary allowances and limited transitional living arrangements, these emancipated youths are given the opportunity to attend public colleges in the state for free.
]]> Furthermore, state officials mandate that all soon-to-be emancipated youths must attend a program called Preparation for Adult Living and even offer some the chance to remain in the foster care system until the age of 22.This is not to say, of course, that older children are never likely to be adopted by loving families. In fact, consider a truly heartwarming story out of Hidalgo County, where a Texas teen was adopted after more than a decade of waiting.
17-year-old Anthony originally entered foster care when he was only seven years old after his mother died and his father’s parental rights were terminated by a state court.
After ten years of living in the foster care system, he met a loving couple in their early 60s at an adoption picnic this past November and the three clicked instantly. Flash forward to a courtroom in the 93 state District Court just a few weeks ago, where a judge finalized Anthony’s adoption only weeks before his 18th birthday.
“Every other word is ‘Mom” and ‘Dad,’” he said later. “I love them. What’s the best way to show gratitude than to call them my own?”
If you would like to learn more about adoption, contact a skilled legal professional who can guide you through the entire process and help you complete your family.
Source: WFAA, “South Texas youth adopted after decade of waiting,” Jacqueline Armendariz, April 22, 2013
]]>In 2003, Anthony D. and Mara R. had a son together, but did not get married or live together at any point in time. The couple ultimately split in 2007 with Mara R. assuming primary custody of the child via an informal arrangement.
Two years later, she sought to secure child support, and both sole legal and physical custody in a court of law. The presiding judge ultimately granted Mara R. custody of the child during the summer and Anthony D. custody during the school year.
]]> As for the request for child support, Anthony D. filed a motion for summary judgment, arguing that he couldn't be ordered to pay child support under New York's Child Support Standards Act of 1989 since he was technically considered the parent with primary physical custody.The presiding judge ultimately denied the motion, stating that the parents had "parallel legal custody," and that she had the ability to order child support payments due to the couple's widely differing incomes and Mara R.'s need for funds to help pay her rent. (Anthony D. has nearly $20 million in assets while Mara R. has a $6,000 monthly income, $5,000 of which came from Anthony D.'s child support.)
Anthony D. subsequently appealed to the Appellate Division, First Department, where the decision regarding the payment of child support was overturned by a divided court. Here, the majority reasoned that Anthony D. clearly did not fit the definition of non-custodial parent under state law as he had custody of his son for approximately 56 percent of the year.
"[Based on the] plain language of the Child Support Standards Act, its legislative history, and its interpretation by the Court of Appeals, a custodial parent who has the child a majority of the time cannot be directed to pay child support to a non-custodial parent," reads the opinion.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about child support or post-divorce issues, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source:
Thomson Reuters News & Insight, "Millionaire parent doesn't have to pay child support: appeals court," Jessica Dye, April 18, 2013
]]>For example, the wife may have made a conscious effort over the years to save money, pay down debt and even purchase a home, while the husband may have struggled to find employment and accumulated a rather sizeable amount of debt in the meantime.
In these situations, the soon-to-be married couple will likely want to set aside some time to discuss how they plan to address their finances moving forward and how they plan to pay down outstanding debt.
Even after having this discussion, however, it's likely that the couple will still have a concerns relating to the home owned by the one spouse. Specifically, they may wonder if the sizeable debt accumulated by the husband can somehow jeopardize the house owned by the wife.
]]> It's important to understand that Texas is a community property state. This means that generally any property or debt obtained by the spouses during the course of the marriage is treated as belonging to both of them, while any property or debt obtained by the spouses prior to their marriage remains separate.Consequently, any property/debt acquired while married is split 50/50 in terms of ownership interest in the event of a divorce and any property/debt brought into the marriage is not subject to property division.
In the above case, that means that the house purchased by the wife prior to the marriage is essentially insulated from the husband's prior debt (unless they do something like add the husband's name to the mortgage or change the deed).
Indeed, legal experts indicate that so long as the wife remains the sole owner of the home, the husband can still contribute to the mortgage, tax and home insurance payments without putting the house in any kind of risk.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about dissolution of marriage or property division, contact an skilled legal professional.
This post is for informational purposes only and is not to be construed as legal or financial advice.
Source:
Fox Business, "Will prenup protect fiancée from debt?," Steve Bucci, March 28, 2013
]]>Believe it or not, there are currently websites out there advertising inexpensive and fast divorce services involving absolutely no human interaction. Specifically, these sites offer forms that can supposedly be downloaded, filled out and sent into a court to complete the divorce.
Not surprisingly, the overwhelmingly majority of legal experts have indicated that the promises made by online divorce sites are often too good to be true and that those who choose to make these bare bones divorce filings are often setting themselves up for significant legal problems.
]]> "The Internet promises that it's going to be easy, cheap and quick. But it's often times not legally effective," said one Texas-based family law attorney.Simply put, divorce is a very complex area of the law and those lacking the necessary knowledge can quickly run into problems without proper guidance. Don't believe it? Consider that the Texas Family Code has approximately 266 Chapters, all of which outline rights and responsibilities in frequently arcane language.
To further illustrate the dangers posed by do-it-yourself divorce forms downloaded from the Internet, consider a case involving the aforementioned Texas family law attorney.
Here, spouses who submitted their own DIY divorce forms were ordered by the judge to retain the services of an attorney after they managed to overlook a rather significant issue: child custody.
As if this wasn't concerning enough, they also failed to address important issues associated with property division.
"The parties missed the fact that the wife was entitled to part of the husband's benefits," she said. "That was an issue we were able to catch where she was able to get a portion of that. Otherwise, she would not have."
While the temptation posed by DIY divorce can be strong, experts strongly advise that spouses take the time to speak with an experienced attorney who can explain their rights, outline the law and, most importantly, fight to protect their best interests.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about dissolution of marriage or other family law issues, contact an skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source:
KXXV-TV, "Online divorce option increasing," Mike Iliopoulos, April 8, 2013
]]>Not surprisingly, while researchers were able to derive some extremely valuable insight, they were unable to secure a definitive answer to this otherwise complex equation.
The report found that the overall marriage rate here in America is on the decline as more young people -- 20-somethings in particular -- are making the conscious decision to either postpone marriage or forgo it altogether.
Some of this phenomenon, say the report authors, can be attributed to the simple fact that more 20-somethings are viewing this period of their lives as a time to pursue self-discovery and adventure rather than as a starting point for their own families.
]]> Interestingly, the researchers found that this mindset presents distinct advantages for some groups."Clearly, waiting has an upside for some. Women who can get their education and experience in their 20s and marry in their 30s clearly benefit professionally from taking that approach," said W. Bradford Wilcox, director of the National Marriage Project.
Wilcox and his team discovered that women who purposely postpone marriage to build their education/experience enjoy an average $10,000 earnings premium.
It should be noted, however, that the report also found that those young women who did decide to marry during their 20s -- perhaps forgoing their chances for travel, school, jobs and multiple relationships -- were actually more likely to report that they are "very happy" in their marriages than those who marry later.
Here, the researchers attributed this to stronger ties with their spouses, the general avoidance of fertility issues (as they are more likely to have children sooner) and a lack of so-called "relational cynicism."
Finally, the researchers found that delaying marriage as a form of divorce insurance may not be incredibly effective. Specifically, 31 percent of teen marriages were found to end in five years, as opposed to 15 percent of marriages occurring in mid 20s and 11 percent of marriages occurring in mid 30s.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about dissolution of marriage or other family law issues, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source:
The Deseret News, "Right age to marry? Lots to consider, but after teens, age is not the most important factor, experts say," Lois Collins, April 9, 2013
]]>Why is this occurring? Some attribute the "gray divorce" trend to the fact that children of this generation have moved out of the home, women are participators in the workforce (and very self-sufficient) and the Internet provides people with hope of a better future with someone other their current spouses.
]]> While ending a divorce can be very difficult, it turns out that the process is much easier for the gray generation. For one, those ending a marriage later in life are less likely to have child support obligations, child custody issues and other similar duties. With an easier transition into a new life, those divorcing later in life will have ample time for new hobbies or old interests. For example, one might join a book club, start cooking classes or begin working out. A new beginning means more time to focus on personal needs.Divorce is never simple; however, it appears that the transition is smoother for those approaching 50 and above. If you would like to learn more about how a divorce might affect you, contact an experienced family law attorney in your local area. A lawyer can help you evaluate your particular situation as you move into your new life.
Source: Examiner.com, "Divorce after 50," Renee Fisher, April 10, 2013
]]>Suddenly, they are confronted not only with the prospect of providing support to their own child through the divorce and all of its related issues (child custody, child support, property division, etc.), but with the prospect of managing their own relationships with their adult child's soon-to-be ex and, most importantly, their own grandchildren.
Experts indicate that during these difficult times, grandparents can actually serve a vital role for their grandchildren, providing them with much-needed support and a proverbial oasis from divorce-related anxiety. However, experts warn that grandparents always need to be mindful of a few basic points.
]]> Maintain neutralityFamily experts advise that as soon as the divorce is known to all interested parties -- including the kids -- that grandparents go out of their way to make the time they spend with their grandchildren as similar as possible to pre-divorce visits. This is because it can provide them with a safe haven and a sense of stability in otherwise turbulent circumstances.
However, they also indicate that grandparents should make a conscious effort to keep their home and their activities with their grandchildren strictly neutral, avoiding focus on the impending divorce.
Be an active listener
Family experts also indicate that grandparents should only address the divorce if it is brought up directly by their grandchildren, which is highly possible given that they may feel safe to talk in a neutral environment.
In the event that they do bring the topic up, family experts advise grandparents to listen, offer them love and support, and reassure them in a positive manner that the impending divorce is in no way their fault.
Be aware of what you say
Finally, experts indicate that even though grandparents may feel very strongly about the impending divorce that they resist the urge to say anything negative and, if possible, to make it a point to say nice things about both parents. Furthermore, they caution against relaying any information that grandchildren have shared in confidence, if possible, as the child may feel that their trust was betrayed.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about child custody, visitation or grandparents' rights, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source:
The Huffington Post, "Helping grandkids survive divorce," March 29, 2013
]]>While you may question the need for such a realtor, consider just a few of the issues that can arise when a divorcing couple decides to sell their home:
These are the difficult situations that these divorce-specialist realtors not only embrace but thrive in.
]]> Many realtors have mastered the patience and dedication required to navigate these situations, including learning how to make their clients as comfortable as possible during an already stressful time."I think it's very important to remember that these people are not trying to be difficult on purpose," said one realtor. "This is just one aspect of a big picture they're dealing with. They may have other money, maybe other properties. What if they have children?"
Perhaps more importantly, these realtors have also learned how to maximize profits on the sale their clients' homes. To that end, they know tricks of the trade like keeping the divorce under wraps so prospective buyers won't think the homeowners are desperate to sell, making sure the home looks presentable and appealing during viewings, and keeping problem spouses from making a mess of things.
While working with such a realtor can prove advantageous, it's important for divorcing couples to understand that they do not hold a special license outside of the standard real estate license. However, many have taken classes granting them what is called a divorce certification.
Stay tuned for more from our Ft. Worth family law blog ...
To learn more about dissolution of marriage, property division or other divorce-related issues, contact an experienced and skilled legal professional.
This post is for informational purposes only and is not to be construed as legal advice.
Source:
The New York Times, "After the breakup, they help sell the house," Elizabeth Harris, April 1, 2013
]]>