Surprisingly Disinherited

Friday, July 10th, 2009

Kari Kennedy’s father died and she was crushed emotionally.  But when she found out that Liv, her dad’s ex-wife inherited more than $400,000, she got the biggest surprise of her life.  Liv and her dad had been divorced for many years.  In fact, she has a copy of their divorce decree which says that Liv is waiving all her rights to any retirement plan.

It may sound impossible but it’s true.  Estate planning looks so simple but it’s filled with pitfalls and landmines.  So if you failed to change the beneficiary in your retirement plan or insurance form your true heirs cannot contest it if you accidentally pass away.  In the above example, the law governing qualified retirement plans triumphs over the divorce decree.

This happens all the time.  Well-meaning individuals don’t change their beneficiary forms frequently and not willing to spend any money in hiring an estate-planning attorney.  They also forget that the results can be very disastrous.

Therefore, estate planning attorneys recommend that everyone should review all assets that they own - each legal document, trust, will, real estate titles, insurance policy, annuity, IRA, and retirement plan.  If you do this regularly, you’ll be sure that the inheritors of your belongings will be according to your wishes.

Tags: attorney, Divorce, Estate Planning, estate planning attorney, Kari Kennedy, legal document, retirement plan
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Make Estate Planning Your First Step after Divorce

Monday, July 6th, 2009

The last thing that people want to do after a divorce is to consult another attorney.  But regardless of your age and whether you have kids or not, it’s important to consult legal and financial experts to ensure that your financial plans and estate are updated in terms of reflecting your new circumstances.

So if you’re not working with an estate planning attorney or financial consultant during your divorce, it’s time for you to do it now.  A financial planner will look at your finances. Your expenses as a new single individual can grow unexpectedly; a financial planning professional helps you compare strategies and review your new savings and spending needs.

Also, talk with an attorney that has numerous experiences in real estate.  If you plan to remarry one day and you have kids, make sure that your specific assets will go to them (guaranteed) when you die.  This is because some cases happen when the ex-spouse may automatically gain full control of assets earmarked for your kids.  Of course you don’t want this to happen - that’s why you must plan for it legally.

If your children are still minors, it would also be wise to plan the guardianship for them.  Especially when there are wealth issues that’ll only become effective when they reach adulthood, it’s critical to establish a solid and efficient legal structure to distribute those assets.

Tags: attorney, Divorce, estate, Estate Planning, estate planning attorney, experts, financial, financial planner, legal, minors, plans
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Succession Planning is Necessary

Tuesday, June 16th, 2009

If you own a part or all of a closely-held business, you’ll have to put value to that business whether you like it or not. Otherwise, the IRS will.

Many things can happen, like selling or gifting a family business to the children, divorce (where valuation can become a very expensive legal battle), or death (where valuation is require for estate tax purposes). If there is a wrong valuation of your business, it can rob you of your hard-earned dollars. And your family will be affected as well. What’s worse, there’s even a possibility that you’re business might just be sold to taxes.

Make no mistake; it’s very easy to transfer business ownership to your kids. Just follow these simple steps:

1. *Recapitalize your company by converting majority of the old voting common stock into non-voting stock.
2. *Get an appraiser to value your non-voting stock.
3. *Take appropriate discounts – the law allows three separate discounts: minority discount, lack of marketability discount and non-voting stock costs less than voting stock discount.
4. *Elect S Corporation even if you’re now a C corporation.
5. *Transfer to your children only the non-voting stock.

A lawyer and a certified public accountant can help you with this process. You can find these professionals through referrals or lawyer listings online.

Tags: business, Divorce, IRS, lawyer, lawyer listings, online, referrals
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GPS Used by Divorce Lawyers

Sunday, June 14th, 2009

Private detectives and U.S. divorce lawyers have a useful tool used to catch cheating spouses – it’s the GPS (global position system). The cost of cheaper models of GPS these days is less than $1,000. And one of the big advantages of having one is concealing the device in any hiding place, such as a glove compartment of a car, and then tracking the whereabouts of a spouse.

The good news is that you can do this legally. According to a private investigator, Paul Ciolino, “You can sit outside the house for days and nothing can happen. And it gets expensive when you hire someone out there 14 hours a day for $120 an hour and then nothing happens. However, when the GPS says that the car is going to a certain location at 2pm every Thursday, now, you can take a look.”

Last year, results from a survey of divorce lawyers revealed that 88% of them use electronically-obtained information more often than others. Records of computer use, toll-pass data, and GPS are the most common ones. A divorce lawyer, Enrico Mirabelli, also began to use GPS tracking almost a year ago. He says that GPS is more detailed than electronic toll-pass information.

Tags: Divorce, Enrico Mirabelli, GPS, lawyer, lawyers, Paul Ciolino, private detectives
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When Women Earn More than Their Spouse

Friday, June 12th, 2009

Problems can come up when wives earn more than their husbands. This is not always easy, and it’s becoming more common. Reports from Bureau of Labor Statistics state that already 30% of married women make more than their husbands.

It’s not at all surprising, when unemployment among men stands at 9.4% as compared to only 7% for women. Moreover, women are already making great advancements in the whole top-tier workforce. According to Catalyst, almost 43% of senior officials, managers, and legislators are women.

In a relationship, money is really a complex topic. It also doesn’t help that many Americans make it a taboo subject. Couples will not often confront financial problems unless the issues become serious.

Divorce attorney Stacey Phillips shared that she had 20 female clients who divorced due to money issues rising from differences in salaries. Other experts agree that it’s much easier to navigate when there is already a difference in earning capacity from the beginning of the relationship. The biggest problems will rise when the men (who used to be high earners) lost their well-paying jobs and the wife would eventually become the breadwinner.

Financial advisers encourage all couples to discuss money matters and the role of each person in the relationship. This is because certain things like having children, varying salaries, or crisis in the economy are always changing.

Tags: attorney, Bureau of Labor Statistics, Divorce, money, Stacey Phillips, unemployment
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An Amicable Senior Divorce

Wednesday, June 10th, 2009

These days, there is a growing divorce rate among seniors as people live longer. And when seniors divorce, they confront different problems compared to the younger ones. Younger couples usually focus on visitation and child support issues while these are some considerations for a senior divorce:

· Life Insurance – is there a policy?

· House – seniors usually have more home value than young couples. Sometimes, they even own more than one home.

· Retirement benefits – do the beneficiary need to be changed when one spouse has been relying on the other one’s retirement benefits?

· Health insurance – typically, one spouse is relying on the health insurance of the other.

Since these issues may be expensive to litigate and complicated to deal with, a mediator can help facilitate an amicable settlement and sort through these issues. They can also work them in a less contentious and cheaper way than bringing it to court. These mediators can meet with the couple and allow a discussion in a non-confrontational manner. The common goal is to address both spouses’ interest and produce an agreed settlement.

Remember that some attorney’s can also function as mediators. They may not necessarily bring the case to court if not needed. Once a mediated agreement has been signed, it only needs to be filed in court and is considered binding.

Tags: attorneys, Divorce, health insurance, house, life insurance, mediation, mediator, retirement benefits, Senior Divorce, seniors
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Prenuptial Agreements may be a Smart Move

Monday, June 8th, 2009

A prenuptial agreement spells out the rights of each party and the assets that they are bringing into the marriage. Having this before a wedding may lessen the incidence of a messy divorce.

Since 40% of marriages usually end in divorce (based on Census data), it would be worth considering a prenup especially for people with significant assets, no matter how uncomfortable it sounds.

But before you draft this agreement, find out if a prenup makes sense for you by answering these questions:

1. Is it for me? – Prenups protect people at all kinds of income levels. They’re not just for the rich.

2. How much will I pay? – The cost would probably be a thousand dollars or more. Some attorneys may charge $1,500 to draw the document either for an hourly rate or a flat fee.

3. What does it cover? – A prenup’s objective is to sort out “who will own what” in case of a divorce as well as what debts or properties must be shared in marriage.

4. What should not be covered? – You can’t waive away children’s rights. However, you could state how the child must be raised.

5. How often should it be updated? – It is a good idea to update your prenup when there are significant changes in your situation or events such as career change, inheritance, or birth of a child.

Tags: attorneys, Census, Divorce, marriage, prenup, prenuptial agreement
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How do Teens Deal with Divorce?

Saturday, June 6th, 2009

Many changes happen when parents of a teenager go through divorce. He or she may have to deal with unpleasant feelings of the mom or dad towards each other, changing schools, or even moving homes.

Money matters may change a lot too. For example, a non-working parent may need to pay for mortgage or rent. Therefore, he or she should go out and find a job. Maybe this could be something that the parent is excited about. At the same time, however, it can also be pressuring and nerve-wracking.

Added to these are the expenses incurred during the divorce, starting from attorneys’ fees to other incidental court expenses. As a result, the teens should understand that the family may not afford some things that they used to have before.

Furthermore, practical or social challenges include traveling between parents and creating a new schedule routine. Attorneys know that the parents need to go to court and determine custody arrangements. This seems to be the most difficult change in the life of a teen. Eventually, the teen may have to accept these changes in the long run. And how they cope with this stress depends on their situation, personality, and support network.

Tags: attorneys, Child Custody, Divorce, money matters, teenagers, teens
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Family Court Judge Accused of Overstaying

Thursday, June 4th, 2009

A family court judge was accused by a local attorney of overstaying in his bench. In fact, he’s taking this constitutional challenge to Nevada Supreme Court.

It does not always happen that a private person will try to remove a judge, but that’s exactly what is happening. According to Attorney Bob Leuck, Judge Bob Teuton is illegally sitting in office and if he continues his service, it would jeopardize every custody matter, every divorce, and every decision that he makes.

A former Assistant District Attorney, Teuton has been sitting for 30 years on the bench and was appointed in August 2008 to Department D Family Court. He expects to serve until November 2010 unless a constitutional challenge unseats him. He said “I’m a judicial officer and I have faith that the court system will make the right result.”

Meanwhile, Leuck argued that Teuton’s appointment should have ended on January 5, 2009. It was stated clear in the Nevada Constitution that the appointment should have ended on the first Monday of January. He explains that it’s nothing personal. He simply wants to follow the constitution.

If Supreme Court finds an overstaying term, Teuton says that the governor would be expected to re-appoint him. On the other hand, Leuck disagrees and explains that determinations made by an illegal person in office are not worth the paper they are printed on. Ultimately, this will also be determined by the Supreme Court.

Tags: Attorney Bob Leuck, district attorney, Divorce, famiy court, Judge Bob Teuton, Nevada Supreme Court
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Think Twice in Contemplating Divorce

Tuesday, June 2nd, 2009

In the United States, more than 55% of first-time marriages result in divorce and more than 70% of second-time marriages also do. If you are contemplating on divorce right now, at least you know you’re not alone. But it’s very important that you understand exactly what you will go through. You don’t want to be uneducated or unprepared in confirming this life changing decision.

Bear in mind that if your relationship is amicable during your divorce, you will likely lessen the financial and emotional burdens caused by it. So before you finalize your decision, make sure that you have done the following:

• *Counseling – especially if you have children, they deserve a deep look into what’s wrong with your marriage.
• *Face common marriage problems – look inside yourself and ponder if the problem starts with you. Do you prefer to be with your friends or at a bar?
• *Deal with bankruptcy or tax issues – financial stresses are often caused by divorce, as many federal bankruptcy courts reveal. Married couples also pay fewer taxes than single ones.
• *Seek support – find a lawyer to help you make an objective decision. You can also rely on family and friends during this stressful period.

To look for legal and professional help, search for a lawyer online through lawyer directories on the web. Who knows, subsequent talks and discussions might even strengthen your marital bond and make you think twice about the divorce.

Tags: bankruptcy, counseling, Divorce, find a lawyer, lawyer, lawyer online, marriage problems, support, tax issues
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Wife of Rape Suspect Files for Divorce

Sunday, May 31st, 2009

A man was accused of rape and as a result, his wife filed for divorce. David Joseph Jansen was arrested by the police late Tuesday night after allegations of abducting a woman, driving her to a Tennessee cabin, and then raping her there.

Consequently after this, the sad fact is that on Friday, his wife, Christy Jansen from Snellville, filed for divorce in the County Superior Court of Gwinnett. The Jensen couple has been married for almost 25 years.

Reports say that a pizza delivery man saw the woman tied up so he called the police. David Jensen was caught, and on Thursday night, the 46-year-old suspect was released from jail on $800,000 bond. He hung up the phone on a reporter when he was contacted on Saturday afternoon.

A restraining order was also granted to Christy Jansen. The order prohibited David from coming near her and their two children in their Snellville home.

Margaret Washburn, a Lawrenceville attorney, is the legal counsel of Christy. Washburn told WXIA, “Christy is devastated and terrified. She cannot believe that her husband is out with another woman. Whether rape or not, consensual or not, the fact remains that he’s out with another woman.”

Tags: Christy Jansen, David Joseph Jansen, Divorce, Gwinnett, Lawrenceville, Margaret Washburn, rape, Snellville, Tennessee
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Effect of Divorce on Kids

Friday, May 29th, 2009

Now, a new research says that the effect of divorce on education and emotional impact on children is getting worse. Two Canadian Universities (University of Manitoba and University of Alberta) conducted a study to warn parents and consider the deadly consequences of their divorce on the children.

The study says that school dropout rates are definitely higher among children of divorced parents compared to kids with parents who are still together. The consequences are lethal on children of parents who went through two or more divorces. Compared to stable families, there’s a 50% chance that these children will completely drop off from school.

The study’s co-author and university divorce expert Lisa Strohschein said, “The number of changes experienced by the children and how they grow as young adults can be seen in this long-run picture. As part of the study, researchers looked at data on 9,400 children adopted or born on 1984 in two-parent families.

Then, these children were tracked until 2004 (when they’re 20 years old) to find out what happened in their life. The researchers found that out of 9,400 children, only 1,325 children saw one divorce, 285 saw two divorces, and 52 had three divorces.

Detailed results of the study also stated that 78.4% of children without divorced parents completed high school while only 60% of children with divorced parents did.

Tags: Canadian Universities, Divorce, Lisa Strohschein, researchers, study, University of Alberta, University of Manitoba
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Recession Divorce

Monday, May 25th, 2009

Cost effective legal divorce is now a welcome path for those people who wish to end their marriages. The stalled housing market, increased unemployment, and deepening recession have negatively impacted the financial situations of most parties. In fact, high mortgages and declining values caused many homes of divorcing couples to stay “under water.”

In addition, even those divorcing couples who are still fortunate to have home equity cannot sell the houses due to a slow real estate market. If you combine these with plummeting real estate values, you will be looking at a bleak marital asset balance sheet.

Historically, divorce rates tend to increase during recession. But attorneys today still see a decline, maybe due to a severe economic downturn. For those with limited resources, it might be overwhelming to incur expenses for two households. On the other hand, net-worth clients may take advantage of diminished values of their properties to decrease financial responsibility.

And to look on the bright side, there are other support alternatives and marital asset division that attorneys can do to help the divorce resolution. Probably, a neutral financial planner can find solutions for custody issues or parenting coordination.

Although some cases would really need to go through litigation, there are other options that the parties could attempt to utilize. These alternative resolution methods may be in the form of a collaborative law model or mediation.

Tags: attorneys, collaborative law model, cost effective, custody, Divorce, divorce rates, divorcing couples, litigation, mediation, parenting coordination
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Functions of a Family Lawyer

Saturday, May 23rd, 2009

There are periods in marriages when the husband and wife disagree. And when such disagreements repeatedly occur and escalation of divisive tendencies comes out, these may lead to divorce. When this happens, the couple needs the help of a lawyer specializing in family law.

Family lawyers do not only handle divorce settlements, they also deal with jointly-held possessions (a home for example). If the divorced couple has children, the family lawyer will also push for custody. Typically, lawyers would recommend joint custody where each parent can enjoy time with the children.

Other family law cases may also be handled by these lawyers such as:

· Grandparents’ rights – sometimes, bad feelings between a spouse and the in-laws could sprout. In this scenario, grandparents could approach a family lawyer and seek their rights.

· Domestic violence – unfortunately, citing domestic violence as a reason for divorce is very common. The family lawyer may deal with a lot of personal issues in this situation.

· Request for asylum – there are cases where the lawyer should prove that a certain family would face grave danger if deported back to their home country. The lawyer may look for medical, religious, or political reasons why the family needs to get asylum.

· Request for adoption – this can also fall under family law. Lawyers typically get permission from couples to adopt children.

Tags: adoption, asylum, custody, Divorce, domestic violence, family law, family lawyers, grandparents rights, lawyer
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Walsh-Young Divorce getting Ugly

Thursday, May 21st, 2009

The bitter divorce of Kate Walsh and Alex Young has been escalating its collateral damage. In fact, ABC’s head honcho, Stephen McPherson, is already seeking protection from the court!

McPherson is effectively Walsh’s boss. Young subpoenaed McPherson for a deposition (testifying about the finances of Kate Walsh). The actress’ estranged husband alleges that Walsh is hiding some financial information from him.

Meanwhile, Disney’s lawyers have already filed legal papers asking for court order to block such deposition against McPherson, who is currently the President of ABC/Disney Television.

Young believe that Walsh isn’t coming clean with all the assets acquired during their 14-month marriage. Jeff Sturman, his lawyer, fired the subpoena because he claimed that McPherson has a unique knowledge about the financial situation of Walsh.

As you may recall, Kate Walsh is the star of Grey’s Anatomy for two seasons. Later on, she bagged the lead role on Private Practice, which had a moderately successful spinoff series.

According to the lawyers of Disney, Young is harassing their client because when Walsh acquired the Private Practice role, McPherson was not running ABC Studios at the time. Meanwhile, Alex Young (20^th Century Fox movie executive) and Disney will fight this in court on July 8.

Tags: Alex Young, deposition, Divorce, Grey's Anatomy, Kate Walsh, lawyers, Private Practice, Stephen McPherson
Posted in Celebrity Divorce, Divorce | No Comments »

Where and How should Divorce be Filed?

Tuesday, May 19th, 2009

The legal process of divorce begins by filing a petition or complaint with the court. To file this case, you should take your documents to the proper family court. Most states require that either you or your spouse live in a particular state for a period of time before they allow divorce filing.

State laws vary but typically, you may file for divorce in the county where you or your spouse lives, or where you lived at the time before your separation. The petition or complaint is the main document that you’ll need to file for a divorce. For complaints, the “plaintiff” is the spouse submitting the complaint and “defendant” refers to the other party. While for petitions, the spouse filing divorce is called the “petitioner” while the other spouse is called the “respondent.”

You need to give notice to your spouse that you have filed for divorce. The preferred method is handing the petition or complaint personally to the other party. However, other forms of notice such as publications, for example, may also be acceptable.

It’s possible to file a divorce without a lawyer, however, it’s best to consult with a divorce lawyer to help you in filing the paperwork and explain the appropriate filing process in your state.

Tags: complaint, defendant, Divorce, Divorce Lawyer, lawyer, petition, petitioner, plaintiff, respondent
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Happy Divorce: Is it Possible?

Sunday, May 17th, 2009

You’ve heard of a happy marriage, but do you think it’s possible to have a happy divorce? The answer is yes, according to a huge number of lawyers. There’s such thing as “collaborative divorce,” which typically brings cooperation and civility to a bitter battle.

Instead of sparring in court, attorneys of both parties will agree to work towards an amicable divorce wherein both sides will be happy. Along the way, they can receive guidance from a financial adviser and neutral mental-health professional.

They say collaborative divorce is cheaper, less divisive, and faster than traditional divorce. Also, it’s more private since the parties will not step inside a courtroom unless the final paperwork was already filled.

An Orlando attorney, Richard West, said “It’s better for clients and for their families too.” Husbands and wives will have their own lawyers who are there only to give legal advice and meetings are presided by a mental health professional that should be neutral and not take any side. This counselor will also steer the discussion towards a productive direction to minimize sniping.

The goal of the meeting is to help design a plan and work out what’s best for the children. Barbara Kelly, Maitland psychologist, said “From the start, you’re focusing on the children, and ex-couples who came out through it say that their communication with each other also improved.”

Tags: attorney, attorneys, collaborative divorce, counselor, Divorce, lawyers, mental-health professional, Richard West
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Grandparents’ Right in Divorce

Friday, May 15th, 2009

One of the controversial issues in a divorce is the rights of the grandparents. Sometimes, a grandparent is denied access to the grandchild or sometimes communication just breaks down and no visitation schedules are discussed.

If you are facing this challenge, bear in mind that filing a case in court should be your last resort. Every effort should be made to communicate with the parents in order to spend time with your grandchild. If no agreement was reached, then mediation could be another option.

The requirements for visitation ordered by the court will vary by state. However, most states agree that grandparents are not entitled to visit if the parents of the child are still married. The following situation may be a cause for grandparent visitation:

• -Child is born out of wedlock
• -A parent is deceased
• -Parents have a pending divorce
• -Parents are already divorced

As you see, this is clearly a complicated issue. If you’re a grandparent being denied of visitation rights, you can decide to pursue a case or not. And when you choose to pursue it, the next step is to find a divorce lawyer who specializes in visitation and third party custody.

Tags: Divorce, Divorce Lawyer, grandparents, lawyer, third party custody, visitation
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Late Fees for Divorce Agreement

Wednesday, May 13th, 2009

The chief executive officer (CEO) of Credit Suisse Group, Brady Dougan, is complaining about divorce late fees. Recently, he was in Connecticut courts fighting almost $1 million claim of tardiness fee from his wife.

The 49-year old bank executive suffered a blow when state Appellate Court ruled that he must abide with the late penalty terms of his $7.5 million payment to Tomoko Hamada Dougan based on their 2005 divorce agreement. David Borden, Supreme Court Justice, wrote that Brady is a financially sophisticated and highly educated person but wants to avoid an obligation that he undertook. He said further that his estate is nearly $80 million – he could have easily made the payments as soon as signing the deal.

According to a message left with Gary Cohen, Brady’s attorney, it wasn’t clear if he is planning to appeal. Actually, he already paid his wife $7.8 million in 2005. However, the divorce agreement states that he’s supposed to pay another $7.5 million by June 16, 2006. He paid on June 28 but gave his ex-wife $25,000 to cover the interest for the 12-day delay.

But in a case that Hamada filed for her ex-husband, she said that he should be liable for more than a year’s interest which dates back from the date of agreement signing. Unfortunately for Brady, she got the Appellate Court on her side.

Tags: Appellate Court, attorney, Brady Dougan, Credit Suisse Group, Divorce, Gary Cohen, Tomoko Hamada Dougan
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Divorce Law and the Military

Monday, May 11th, 2009

A military divorce is different from civilian divorce. It requires a special law knowledge that’s not applicable to an ordinary kind of divorce. For example, certain circumstances entitle active members of the armed forces to get a court-appointed counsel and to delay divorce.

Also, military pensions are the one divisible during military divorce, but still subject to different rules. Child support and alimony have another set of rules as well. Collecting support and calculating income may be a little bit more complicated due to regulations governing retired or active military members.

For example, familiarity with “disposable retirement income” is the key to establish support orders when negotiating with retired military personnel. Furthermore, strategizing and planning will require a good comprehension of the special rules surrounding military divorce.

It goes without saying that hiring a divorce attorney knowledgeable in military law would be best for your case. Make sure that he or she has a copy of the “Military Retirements Benefits in Divorce” book because it’s the only authoritative book explaining this topic.

Also, your attorney should also be familiar with USFSPA (Uniformed Services Former Spouses Protection Act). Aside from division of retirement, there are other vital issues that need to be addressed.

Tags: alimony, child support, counsel, disposable retirement income, Divorce, Military Divorce, Military Retirements Benefits in Divorce, USFSPA
Posted in Divorce, Military Divorce | No Comments »

Child Support vs. Alimony

Sunday, May 10th, 2009

Divorce is not just an emotional issue; it’s also an economic one. A good divorce attorney will save you more money than you realize. On the other hand, a bad one will cost you thousands just on the initial settlement.

Many financial issues revolve around the actual agreement for divorce. And the two main ones are child support and alimony. Child support payments are not deductible by the payer and not taxable to the payee.

On the other hand, alimony payments are completely different. These payments are deductible by the payer and taxable to the payee.

Fixed payments for child support are not considered as alimony. These are separate payments ruled by the divorce court as support for the child. Each state has guidelines that describe the inclusion of child support. Most of the time, the parent is willing to commit more support for the child than what’s required by the state.

But if the parent has very little income, then child support will be prioritized more than alimony. One important principle in divorce law mentions that the child’s best interest is more important. Therefore, alimony is discussed only after the needs of the child have been provided for.

Child support expenses include electricity, rent, food, and other general expenses needed to take care of your child such as repairs, laundry, and transportation. To make sure that your child is well provided for, ask the help of an experienced divorce attorney to guide you through the complicated divorce proceedings.

Tags: alimony, child support, Divorce, divorce attorney
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Final Divorce Order Changes

Saturday, May 9th, 2009

A divorce decree is often referred as “final decree” or “final order” in a divorce case. However, many aspects of this decree can still be changed under certain circumstances. Generally, if there are significant changes in the circumstances of either party, it can warrant a change in visitation order or custody. However, some states place restrictions on the reasons or number of times that any party can request a change.

For example, the non-custodial parent may petition the court to temporarily suspend or at least reduce the child support obligation if he or she loses his job. At the same token, if there is an increase in his or her income, the other party may petition for an increase in child support.

Also, if the existing visitation schedule is already unworkable (i.e. the parent moves or the child becomes involved in a new activity), then it can be modified too. The court retains jurisdiction for cases with minor children involved. It has the power to enforce visitation, custody, and child support orders through contempt actions.

To learn more about divorce modifications, ask a divorce attorney in your area. An attorney can explain to you how divorce laws may affect the process of modifying your final divorce decree.

Tags: attorney, child support, court, custody, Divorce, divorce attorney, visitation schedule
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Wage Distribution in Divorce Proceedings

Friday, May 8th, 2009

During divorce proceedings, the court will value a person’s exceptional wage earning abilities and distribute a part of it to the spouse. This comprehensive decision was written by a Supreme Court judge in New York. He concluded that the personal good will inherent in one’s career should be considered as a marital asset and must be subject to court evaluation and subsequent distribution upon divorce.

In fact, there have been many divorce decisions that recognized this – licenses and degrees were considered as valuable property rights. But it’s clear that whether corporate executives earned licenses or degrees during their careers, their career expertise would still be subject to equitable distribution.

For example, a corporate executive (even with an undergraduate degree) earns $35,000 in a year. But because of the experience and special skills acquired during marriage, the salary increased to $350,000 a year. In this case, the courts will determine the average pay of college graduates in the area (say $85,000), deduct it to the present value sum ($350,000 less $85,000 = $265,000), multiply the years before reaching retirement (say 15 years), and then discount the result to the present value sum.

So for our example, $265,000 multiplied by 15 years is $3,975,000 in enhanced earnings. The discount amount may only be $1,800,000 depending on the discount rate employed.

Most people are truly shocked by this. Nevertheless, this type of computation is often played in divorce courts. But since this evaluation process is more of an art than an exact science, selecting an experienced divorce lawyer will surely soften the blow.

Tags: court, Divorce, Divorce Lawyer, earnings, lawyer, New York
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Brant-Seymour Shocking Divorce

Thursday, May 7th, 2009

Public figures divorce all the time, yet many people still think that it’s such as waste. These people seem to be a perfect match. Yet, another celebrity couple filed for divorce – supermodel Stephanie Seymour and billionaire Peter Brant.

They have three children – Lilly, 4, Harry, 12, and Peter, 15. After 16 years of marriage, Seymour and Brant are set to appear in Greenwich, Connecticut court on Monday.

Reportedly, Brant will argue (through his lawyer) that Seymour is unfit to be a mother to her kids. Therefore, he’s going to fight for custody. The split is fast becoming controversial since Seymour told a friend that they still live in the same house but she’s currently sleeping with the maids in their quarters. “I’m trying my best to keep things amicable. It’s tough and he (Brant) is playing dirty with me,” she added.

Brant is the CEO and owner of a newsprint corporation. He’s also the publisher of “Art in America” and “Interview.” Originally from Connecticut, his hobbies include playing polo and collecting art.

Meanwhile Seymour is from San Diego and she has been modeling since 14 years old. She won the Look of the Year contest from Elite Model Management and appeared in the swimwear issue of Sports Illustrated. She’s also a former model of Victoria Secret.

Tags: Connecticut court, custody, Divorce, lawyer, Peter Brant, Stephanie Seymour
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Law and Court Expectations

Wednesday, May 6th, 2009

Maybe you have experienced or witnessed the power of the family court. It can transfer property to someone else, order violent people to leave their homes, or compel somebody to pay various sums of money. However, it also has its limitations.

Family law is a “civil” law dealing with disputes, not crimes. So for example, if you just had a divorce and your former spouse is not following court orders such as visitation, child custody, or child support, then he or she is not committing a crime. Only a non-molestation injuction was broken.

And since the court cannot monitor its orders, it’s up to you to check whether they’re being carried out. The only way you can make somebody follow the law is to take the case back to court again. That’s why it’s important to keep all your court papers on file.

Another limitation of family law or court is its inability to change the attitude or personality of your spouse. Don’t expect a nasty person to be nice and an unreasonable person to be reasonable just because the law ordered them to. So remember that the law can be a big help to settle your disputes and divorce issues, but you cannot expect it to do everything for you.

Tags: court orders, Divorce, family court, family law, law
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Why do Couples Divorce?

Tuesday, May 5th, 2009

There are many reasons why couples would want a divorce. Divorce lawyers can cite hundreds of causes out there but here are the common ones:

· Incompatibility – this is the most-cited cause. The couple did not find a common ground emotionally, intellectually, and sexually. They explain that it’s unbearable to live with someone you can’t fit with.

· Sexual problems – couples are expected to perform the act of sex because it’s an essential part of marriage, unless of course, a person accepts a sexual problem even before marriage. In some cases, disinterest or sexual dysfunction happens after tying the knot. It can be a cause for divorce if the couple will not be able to resolve it.

· Marital Infidelity – the law states that marriage should be mutually exclusive between two parties. So if evidence of infidelity is obtained, one may seek divorce.

· Abuse – this does not only mean physical abuse. It may also be in the form of sexual and emotional abuse. Alcohol, gambling and drug abuse may also be causes of divorce.

· Financial issues – most disagreements stem from money problems. If there’s no chance for a resolution, then divorce may be their way out.

· Communication problems – these may not exist before marriage, but often, expectations have not been made clear and certain issues typically magnify during marriage.

Tags: Divorce, divorce lawyers, law
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Mediation: A Better Way to Divorce?

Monday, May 4th, 2009

Even if getting a divorce is the right thing to do, it can still be a difficult process. For many couples today, they go through mediation because it’s less painful.

Typically, traditional divorce treats the spouses as enemies. Each person has a lawyer and they try to claim as much as they can for their client. A judge may make the final decisions if the couple won’t agree. But sometimes, both are not happy with the outcome.

In mediation, however, the couple will be the ones to reach an agreement. The mediator is there only to help them communicate. And since the couple makes the decision, then they’re more likely to stick with it.

Mediation will only work if:

· The spouses agree on getting divorce

· They can talk calmly and make decisions without fighting

· They want to stay in good terms

· They respect and trust each other

However, don’t think that a lawyer is not necessary if you opt for mediation. It’s always a good idea to retain a divorce lawyer who will inform you of your legal rights before starting mediation. You can also request a lawyer to review the mediation agreement before you sign it. To find a lawyer, you can always consult an online law directory.

Tags: Divorce, Divorce Lawyer, law directory, lawyer, mediation
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Legal Separation vs. Divorce

Saturday, May 2nd, 2009

Legal separation is similar to divorce in issues relating to allocation of debts or division of property, spousal support or alimony, visitation, child support, and child custody. In legal separation, the couple will be separated but they remain married. This option is usually pursued due to personal or religious reasons negatively associated with divorce.

So what is the true meaning of divorce? It means that the judge signed a document for “dissolution of marriage.” In other words, you are declaring that you’re no longer married to each other. It is a legal act, just like when you signed your marriage contract.

If you are filing a “no-fault” divorce, then there’s nothing that your spouse can do to stop it. However, he or she can stop a “fault divorce” by asserting defense. Some of these defenses are:

· Collusion – secret cooperation or agreement between spouses to deceive the judge

· Provocation – inciting another to do an act

· Connivance – setting up the other person to commit the wrongdoing

· Condonation – implied approval of one’s activities by acting as if the offense were never committed

Filing for a legal separation or divorce is similar to initiating a civil lawsuit. Many states have online forms that you can fill out and file at the courthouse (Complaint). Then, these papers will be delivered to the other party (“served”). Rules and conditions on the contents of the Complaint and how it must be “served” are technically specific and generally complicated. It’s not a good idea to do these without lawyer consultation.

Tags: Collusion, Condonation, Connivance, dissolution of marriage, Divorce, fault divorce, lawyer consultation, legal separation, no-fault divorce, Provocation
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Understanding Child Custody

Friday, May 1st, 2009

In the event of separation or divorce, child custody is necessary. It is a legal decision to determine which parent should have a legal or physical control over their children. This decision may be awarded to just one parent (sole custody) or to both (joint custody). The parents usually have a say to the awarding of child custody, however, if they can’t reach a decision, an attorney or court will intervene.

There are two types of child custody:

• Legal custody refers to all the rights (such as medical care, education, or religious affiliation) concerning a child’s upbringing.
• Physical custody is the right to physically provide a home for a child.

If custody is awarded to only one parent, the other one can spend time with the children through visitation rights. Usually, parents will determine the schedule of visitation. Although sometimes, the court may order fixed visitation schedules if there is hostility between parents.

In a custody hearing, child support will also be determined. This refers to payments (usually monthly) that the non-custodial parent needs to give in order to feed, clothe, educate, and entertain the child. This amount is typically determined by the court. It’s usually paid until the child turns 18, marries, enlists in the military, or moves out of the house.

To achieve fair and objective decisions regarding child custody, visitation rights, and support, it is best to seek help from attorneys at law in your area.

Tags: attorneys at law, Child Custody, child support, Divorce, joint custody, legal custody, physical custody, separation, sole custody, visitation rights
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A Closer look at Arizona Divorce

Thursday, April 30th, 2009

To end a marriage legally, you need to undergo a court process called “divorce.” This is called “dissolution of marriage” in Arizona.

Their “standard marriage” uses a no-fault divorce where a spouse does not need to prove responsibility or blame to end it. The court simply asks if they have an “irretrievably broken” marriage, meaning, there’s no chance that they would want to stay together.

While in “covenant marriage,” the court is a little bit strict. Presumably, this is a higher marriage standard in Arizona. Grounds for dissolution of this marriage include:

· Both spouses agree to divorce

· Habitual alcohol or drug use

· After obtaining a legal separation, the spouses should have lived separately for a year or two

· Commission of domestic violence either against the spouse or child

· Abandonment for more than a year

· Felony conviction which mandates death or imprisonment

· Adultery

Prior to filing divorce, one of the couple must be an Arizona resident for 90 days at least. The legal process begins when a spouse files a petition with the Superior Court. However, when both parties already agree about child support and child custody matters, as well as debt division and property, then their divorce can be settled without trial.

An Arizona lawyer is well versed to advice you on the complexities of Arizona law. Find one today in a reputable lawyer listing online.

Tags: Arizona, Arizona lawyer, covenant marriage, dissolution of marriage, Divorce, irretrievably broken, lawyer, lawyer listing, standard marriage
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Mel Gibson’s Divorce

Tuesday, April 28th, 2009

News of Mel Gibson’s inevitable divorce quickly spread like wildfire. Robyn Gibson, his wife for 28 years filed for divorce on April 10, 2009 at Los Angeles Superior Court. She cited “irreconcilable differences” as the reason.

In her statement, she said “We’ve always tried to maintain the integrity and privacy of our family throughout our marriage and recent separation. We will still continue to do the same.”

Mel and Robyn have seven children. Since the couple did not sign a pre-nuptial agreement, their divorce is expected to break all records and become the most expensive one on file. Under U.S. law, Robyn would be entitled to 50% of Mel’s $900 million fortune. This includes a Catholic church in California, ranch in Costa Rica, a private island in Fiji, and several properties in Malibu.

Robyn’s lawyer previously represented Kiefer Sutherland, Angelina Jolie, and Britney Spears. Among others, she is fighting for legal fees, spousal support, and joint custody of the youngest child.

Many believe that photographs of Mel and his Russian girlfriend (Oksana) seen kissing on a Costa Rica beach prompted the divorce case filing. Reportedly, the pair became close on the movie set of “Edge of Darkness” where they were seen leaving his trailer together.

Tags: Divorce, lawyer, Los Angeles Superior Court, Mel Gibson, Oksana, Robyn Gibson
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Your California Divorce Questions Answered

Monday, April 27th, 2009

In California, at least one spouse needs to be a resident for six months before the couple can qualify for a divorce. However, there is a way for you to get California divorce even if your residency is less than this. Simply talk to a divorce attorney to find out how this can be done for you.

To help you further, here are some questions and answers that will shed light on California divorce:

• Should it be automatic for a couple to go to court if they want a divorce?

No, majority of cases can be carried out by just negotiating a deal with your spouse. However, if you cannot agree on certain issues, then it’s imperative for you to settle in court.

• What’s the difference between mediation and collaborative divorce?

Mediation involves a meeting between you and your spouse together with a trained mediator. This can be done on the phone or in person. The mediator is usually a knowledgeable divorce attorney who can work with you and your spouse and answer all your legal questions.

On the other hand, collaborative divorce involves two attorneys (one for each of the spouse) who will meet with them individually and advise them separately.

• How long is the timeframe of the divorce?

In California law, six months is the minimum requirement before you can be a legally unmarried person. Of course, you can also take longer than that. However, if the divorce was not competed within five years, the court usually closes your case.

Tags: attorney, attorneys, California, California divorce, collaborative divorce, Divorce, divorce attorney, mediation
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