The first important step you can take includes knowing your family's assets. You will want to determine your own annual income and the worth of any investments in your name. You will also want to have a sense of your spouse's annual income and the worth of his or her investments and assets. This knowledge will allow you to determine if a fair division is being made when it's time to apportion these assets.
]]> Other things you will want to do if you are considering divorce:•· Understand your liabilities
Because a divorce divides both debts and assets, you will want to know the real worth of your property. Consider your mortgage balance and home equity credit line balance when determining your home's real net worth.
•· Secure important documents and passwords
Consider all documents you would need if living in a new place. Make copies of insurance policies, retirement account information, Social Security card, birth certificate, passport, savings and checking account numbers, mortgage paperwork, and loan documentation
•· Work to maintain or improve your credit
You may need to borrow money to cover living expenses or to hire professionals to help with your settlement. Good credit should allow you to pay these expenses.
There are enough surprises associated with a divorce. Don't get caught off-guard because you didn't plan ahead. An experienced family law attorney can advise you on the best actions to take and will work to help protect your interests.
Source: Huffington Post, "Your Five Best Moves Before You Decide to Divorce," Brandan Lyle, May 16, 2012
]]>Recent research conducted by an Ohio State University researcher shows that about 79 percent of married couples who separate end up divorcing. According to the research, separation is more common than immediate divorce. The likelihood of separating rather than divorcing right away is higher for women who have children under the age of five.
]]> The analysis was based on data collected from 7,272 married individuals. The average length of a first separation is about four years. The longer that couples are apart the less likely they are to reunite. In fact, after three years, the only outcomes observed included ongoing separation or divorce.About seven percent of separations lasted 10 years or longer. The researcher said that the decision to separate is mostly driven by the presence of young children and the amount of time spent in the marriage.
People often become comfortable with what they know, even when it's not healthy. If a relationship is going sour it may take some time apart to pinpoint the main issues and evaluate whether you feel the issues could be resolved. Some couples may decide the relationship is worth working on. Others may know that they are better off apart. If divorce is in your future, it's important that you speak with a trusted family law attorney who can ensure that your best interests are protected.
Source: USA Today, "Splitting? 79% of marital separations end in divorce," Sharon Jayson, May 6, 2012
]]>Close to half of all marriages end in divorce and the divorce rate has hovered between 46 and 53 percent for decades. However, an interesting shift is happening. As more women in society are obtaining college degrees and making strides professionally, more women are also being required to pay alimony.
]]> According to data from the Digest of Education Statistics, about one third of medical degrees were awarded to women in 1980. Today, the number of men and women receiving medical degrees in the U.S. is almost equal. The number of women earning law degrees has almost doubled.The president-elect of the American academy of Matrimonial Lawyers says that, "the glass ceiling has been pierced and more and more women have taken over the financial responsibilities and have been saddled with them as well. It is a fact of the way our society has evolved over the last number of years."
Not surprisingly, women are not pleased with the turnaround. The gender switch is just one of the changes that have taken place over the years in regards to alimony payments. As many doors are opened professionally for women, they are being required to take the bad with the good. The legal goal is to make alimony agreements as fair as possible, no matter which partner is making the payments.
Source: Reuters, "Divorce courts mirror society as more women pay alimony," Patricia Reaney, May 10, 2012
]]>This is not the first case of this kind in a culture when childhood obesity has become a major issue. Although this particular case isn't part of a child custody battle between two parents could it apply in such cases?
]]> It brings up interesting questions relating to a divorce. Will each parent's eating habits, exercise habits, and ability to encourage their children to act in healthy ways effect future child custody cases when spouses divorce?Courts often put the burden of proof for sole custody on the parent who opposes a more equal or shared parenting arrangement. A parent may be required to prove or disprove the presence of major factors including any patterns of child abuse or parental alienation that might exist. Could the wellness habits, or lack thereof, be considered neglectful and be a detriment to a parent's ability to receive the child custody arrangement they seek?
Ohio readers who are involved in a custody dispute are advised to contact an experienced family law attorney who can guide you in the right direction and ensure that you have the best possible chance of receiving the custody arrangement you seek.
Source: South Source, "Child Obesity Becoming A Legal Custody Issue," May, 2012
]]>Ohio readers may want to be aware of the legal implications to investigating a partners' information. Although it's legal to do a Google search on a spouse, it's potentially illegal to hack into their personal password-protected smartphone or Facebook account, or to secretly install a GPS system into their car.
]]> Many people are taking matters into their own hands not realizing that information uncovered illegally not only negatively affects their credibility in court, but may limit any evidence their lawyer can use on that issue. In addition, the use of evidence obtained illegally could result in jail time, while the lawyer could face hefty fines or lose his or her license.Research conducted by the National Endowment for Financial Education shows that 31 percent of U.S. adults who have combined assets with their partner have been deceptive about money, and 58 percent say they hid cash from their partner.
Hidden assets, bank accounts containing secret money obtained from the sale of a business, secret online brokerage accounts, and other deceptive practices are not unheard of. If you believe your partner may be hiding assets, talk to an experienced family law attorney before potentially implicating yourself by conducting an illegal search.
Source: The Wall Street Journal, "Why Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012
]]>New data is out from the Centers for Disease Control. The information is based on a recently released study on first marriages for men and women ages 15 to 44 between the years 2006 and 2010. With 22,682 respondents, the results show that the differentiating factor in whether or not moving in together before marriage will lead to divorce is the expectation each partner has when moving in.
]]> For couples who are formally or informally engaged and intend to spend their lives together, there is no increased risk of divorce. For those who move in together with the expectation that they are only testing the waters, the risk of divorce is 47 percent within the first 15 years of a marriage.Only about 40 percent of cohabitating couples ever marry, according to a researcher at The Ohio State University. The results indicate that moving in with your partner before marriage is not the main factor that determines likelihood of divorce, but the intentions a couple have when deciding to cohabitate.
Many psychologists advise couples to decide, not slide, meaning they should make a formal or informal commitment before moving in. This information can help some couples decrease their likelihood of divorce. For those who find themselves considering a divorce, an experienced family law attorney can help to protect your best interests.
Source: PcychCentral, "Does Premarital Cohabitation Predict Divorce?" Susan Dutton Freund, April 27, 2012
]]>The two are used to living their lives in the public eye, and their legal battles are no exception. In addition to Deion's notoriety as a former NFL Hall of Famer, who also played nine years of major league baseball, he and Pilar had a television reality show that was taped in their home.
]]> Now it seems the couple's legal difficulties are being aired in public, as well. Several days ago Deion accused Pilar of assaulting him in front of their children and posted information on Twitter saying, "Pray for me and my kids now! They just witnessed their mother and a friend jump me in my room. She's going to jail n I'm pressing charges!"Deion later tweeted, "I'm sad my boys witnessed this mess but I warned the police department here that she was gone try n harm me and my boys. This is on my mama."
Pilar was later booked into the Collin County jail on a misdemeanor family violence charge. Whatever illegal activities did or did not take place, it's too bad there isn't a law that requires parents to protect their children from the scrutiny of the public eye. A reality show is one thing, but airing your private legal matters online seems like an injustice to the kids.
Source: The Atlanta Journal-Constitution, "Deion Sanders says wife attacked him," Joel Provano, April 24, 2012
]]>Such is the case with a Pasadena couple who are involved in a lawsuit stemming from events that took place during a child custody dispute. The suit was filed when the man discovered that his conversations were being recorded by his ex-wife. The woman had hidden a recording device in her son's clothing so that she could tape private conversations taking place in the child's father's home.
]]> The suit claims that the woman was in violation of wiretapping laws when she "secretly intercepted communications." The suit also alleges an invasion of privacy and intentional infliction of emotional distress, saying that the woman downloaded recorded conversations onto a computer and may have disclosed them to others.Parents can become highly emotional during child custody disputes. When emotions are running high it could cause people to do things that they wouldn't otherwise think about. It's important for people to remember to turn to a trusted family law attorney during such disputes.
An experienced attorney can explain your rights and help you to take legal action with the goal of bringing about the best result possible in your case. With the help of a lawyer you can also avoid making mistakes that could result in additional legal issues. Besides the legal aspect, it's never a good option to put the kids in the middle of a dispute with your ex.
Source: The Houston Chronicle, "Pasadena man's lawsuit claims ex-wife planted recorder on son," Mike Tolson, April 18, 2012
]]>An Ohio sociologist at Bowling Green State University who has been researching the topic calls the trend, "the gray divorce revolution." According to her research the rate for people over the age of 50 who decide to divorce has doubled since 1990. This statistic is particularly surprising given that the divorce rate has remained stable for the past few decades.
]]> "People who've been divorced in the past are more likely to get divorced in the future," the Ohio sociologist observed, "in part because they've been there, done that, and know they can survive it." People who are older may be more likely to have been through a divorce at some point already.In addition, researchers say that the meaning of marriage has changed considerably. People are viewing marriage as a union that can help them achieve personal fulfillment.
No matter your age, if you are seeking a divorce it's important that you consult with an attorney. An experienced family law professional can assist you by helping to protect your assets and help you address other issues such as child custody, child support, alimony and the distribution of assets.
Source: 10TV, "Growing Numbers Seek Divorce After Age 50," April 18, 2012
]]>The House Armed Services Committee is currently working to attract Pentagon support for a bill that would give service members more rights in child custody disputes. First introduced in 2008, it has passed the House of Representatives with bipartisan support each year but failed in the Senate.
]]> The bill would not give military members an advantage in custody disputes, but would take away the existing disadvantage they experience. Stories abound of people serving in the armed forces who temporarily lose full-time custody of a child when deployed. This sometimes makes it easier for the civilian parent to persuade a judge to make the ruling permanent based on the military parent's potential future deployment.One example involves a woman who lost custody of her daughter in 2004 when she was deployed overseas. It took her two years and $25,000 to change the ruling after a judge ruled that her military service made her husband a more suitable parent.
The Relief Act was passed in 2008 to prevent family courts from permanently changing custody orders while a service member is deployed. But it doesn't make it any harder to change the custody order once the service member returns to the U.S. The goal is to place service members on equal ground in custody disputes. After all, why would anyone want to go fight for their country if they have to risk everything they have to do so?
Source: Stars and Stripes, "Law Would Strengthen Troops' Child Custody Rights," Charlie Reed, April 10, 2012
]]>The English government has not enacted past proposals to allow no-fault divorce. Until that happens, the courts may continue to be caught up in divorce cases in which couples are coming up with absurd reasons to end their marriages. One case involved a man who accused his wife of tampering with the TV antenna and throwing away his cold cuts.
]]> In another odd case, a woman sued her husband for divorce saying that he had insisted that she not only speak to him in Klingon, but that she dress in a Klingon costume, as well. One man accused his wife of repeatedly serving tuna casserole, his least favorite dish. And other cases include accusations of bad body odor, spouses who turn the channel too fast, and those who channel surf too much after taking charge of the channel changer.It would seem that such complaints would end any marriage at some point. After all, when couples agree to stay committed until "death do us part," they don't agree to do so only if their spouse continues to be perfect in every way. If that were the case, the divorce rate would be significantly higher.
Source: The New York Times, "Tuna Again? In Fault-Finding England, It's a Cause for Divorce," Sarah Lyall, April 7, 2012
]]>Despite the fact that a person's actions can affect the results of a child custody battle, it's easy for parents to let their emotions get the best of them. This can lead to decisions that could be harmful in the long run. Ohio parents may need to know what pitfalls to avoid in child custody matters.
]]> Five common mistakes parents can avoid include:•· Control your anger: The courts take it very seriously if a spouse claims to be afraid of you. Men tend to be viewed by society as more dominant, making it especially important for men to keep their emotions in check.
•· Pursuing a new relationship: A new romantic partner can be painful and difficult for children to accept. It's best to wait until the divorce is final to expose them to a new love interest.
•· Criticizing your ex: Refrain from criticizing your ex in front of children, friends and family to avoid negative messages getting back to your ex. Criticism in front of children can make it appear that you are trying to come between the child and the other parent.
•· Denying telephone contact with the other parent: Children should feel free to make calls and take calls from the other parent at any time, as long as it's not disruptive.
•· Taking the kids out of the area without warning the other parent in advance: Try to notify your ex in writing two weeks before out-of-town travel so they know your plans.
Although some of these tips may seem like common sense, individuals sometimes make poor decisions when dealing with emotional situations. By avoiding common pitfalls, you can make life easier for you and your ex spouse while improving your custody chances when it's time to present your case.
An experienced family law attorney will be familiar with common mistakes parents make and can advise you on how to avoid these mistakes yourself. With the help of a good lawyer, you can increase your chances of a positive result in your child custody case.
Source: Huffington Post, "Ways to Sabotage Child Custody," Joseph E. Cordell, April 2, 2012
]]>While being able to effectively communicate may be a challenge, it's important that divorcing couples are able to speak honestly and openly about financial matters, particularly when it concerns joint debt for which they are both ultimately responsible.
]]> Both parties likely want to finalize the divorce settlement as quickly as possible, but it's important to ensure all joint debt is paid off or agreed upon how to pay off prior to a divorce being settled. Couples should pay off and close any joint credit card accounts. If a couple isn't able to pay off this debt, they may want to sell personal items to raise funds.Failing to pay off joint debt prior to a divorce being finalized opens couples up to the potential for ongoing and contentious financial fights and problems. While an ex-spouse may promise to make monthly payments, if they fall behind it not only impacts their credit but also yours.
If a couple finds themselves facing too much debt to pay off, they may want o consider filing for bankruptcy. It's important, however, to file prior to divorcing as it can save money, time and ultimately make the process of sorting out personal finances much easier.
Source: KWGN-Fox 31 Denver, "How to protect your credit in divorce," Denisa Tova, Apr. 4, 2012
]]>Most divorces arise as a result of conflict and poor communication. How then are divorced couples expected to communicate effectively post-divorce? Much depends on each party's desire to rise above past conflict and move forward towards having a better and more-constructive means of communication.
]]> Being able to effectively communicate with an ex-spouse is especially essential if there are children involved. Parents must put aside their differences and come to a place where their main focus is the wellbeing of their children.When communicating with an ex-spouse, it's important to keep the following in mind:
• Take a business approach: Keep communication topics and style as professional as possible.
• Remain objective: Do not get caught up in constantly keeping score or placing blame.
• Tailor your approach: You were once married, so keep in mind how to most effectively communicate with your ex-spouse and take measures to avoid intentionally antagonizing one another.
• Protect yourself: Anything you say, write or text to your ex-spouse or about your ex-spouse can be used against you in future custody hearings. Therefore, it's crucial to remain cordial and respectful at all times.
While taking the proverbial high road isn't always easy, in divorce matters where children are involved it's necessary. Individuals in Ohio who are able to take measures to improve their communication skills with an ex-spouse will ultimately be happier as they're able to protect themselves and their children from future conflict and potential heartache.
Source: Santa Monica Mirror, "Communicating With Your Ex After Divorce," Andra Brosh Ph.D. and Allison Pescosolido M.A., Mar. 25, 2012
]]>A new bill seeking to protect the child custody rights of deployed parents was recently introduced by an Ohio representative. Previously, a parent's military deployment could be used against them when determining child custody matters. The bill would prohibit courts from using a service member's deployment status against them. Additionally, temporary custody arrangements made in the military parent's absence would revert back to pre-deployment terms upon their return home.
]]> Under the bill's provisions, military orders would need to prohibit family members and deployments would need to be between 60 days to 18 months in length. The bill is currently awaiting approval by the House of Representatives.The introduction of this bill is seen as a big win for military moms and dads who are often unfairly discriminated against in the family court system. While there is no doubt that a military deployment puts an enormous amount of pressure and responsibility on the non-military parent, it does not seem fair to punish a dad or mom for serving their country.
Ohio military parents involved in child custody or visitation disputes may want to contact a family law professional who can answer their questions and counsel them on specific new provisions that may apply to their situation.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, Mar. 19, 2012
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