One of the major reasons that no-fault divorce laws were enacted in states such as Washington was to help victims of domestic violence escape their unhealthy relationships. This type of law first came about in the 1960s and 1970s and while it helps abused individuals free themselves, it also helps unhappy people free themselves. Many proponents of no-fault divorce believe that the ease of getting a divorce makes people more concerned about the marriages because a spouse can file the paperwork at anytime without needing a reason. Opponents say that this is what caused the national divorce rate to jump.
]]> Regardless of how you feel about no-fault divorce, it is being attacked in some states. This may be due to fear that the institution of marriage is crumbling. In one state, legislators are beginning to consider eliminating no-fault divorce laws when children are involved. Some experts think that this is a particularly bad choice because needing to prove something such as abuse can take too long. Once a victim tries to prove the violence or even considers doing so, it is likely that the abuser will retaliate.No-fault divorce laws help reduce such risks. A study looking into the relationship between these laws and domestic violence found that the number of abuse reports dropped by 25 to 50 percent after no-fault divorce was approved. If you are trying to get a divorce from an abusive spouse, talk it over with an attorney to make sure that you are taking advantage of all of your options and doing the best to ensure your safety.
Source: The Washington Times, "No-fault divorce laws save lives" Myra Fleischer, May. 16, 2013
]]>Experts blame the Credit Card Accountability, Responsibility and Disclosure Act for unintentionally limiting access to credit among stay-at-home spouses. The act, designed to prevent vulnerable populations such as college students from getting into serious financial straits, effectively blocked homemakers from obtaining credit. At-home spouses who would have previously been eligible for cards because of household income were therefore left with few options, particularly after a breakup. Many of these spouses were women who found themselves vulnerable to financial problems due to a lack of credit.
]]> It is important to realize that the new legislation from the Consumer Financial Protection Bureau will not require creditors to examine spousal income. Instead, they are now permitted to evaluate that information along with other factors to decide creditworthiness.You may wonder why credit histories are so important when going through a divorce. Imagine that your disgruntled spouse cleans out your joint accounts before a divorce, leaving you with credit cards that have only been in his or her name. You would not have any access to liquid assets or credit for paying your attorney, which makes you even more vulnerable during a divorce proceeding. Your ex might coerce you by putting a stranglehold on money that could be used for gas, groceries, rent and other critical payments.
If you are struggling to understand your financial situation after a divorce, consider consulting a qualified divorce team to answer your questions. These professionals, which often include groups of financial counselors and attorneys, can help you protect your rights if you are a stay-at-home spouse.
Source: forbes.com, "Good news for divorcing women: credit reform, reformed!" Jeff Landers, May. 07, 2013
]]>There are a number of questions that people will ask during a divorce. These questions can be answered by the attorney you have chosen to help represent you. For instance, some spouses have small businesses that they own. They may have started the business from scratch or purchased it from another individual. Regardless of how they came into ownership of the company, it likely generates income or debt depending on its success. Many people married to business owners see the income from the business mixed in with the marital property, turning the business itself into marital property in the eyes of some courts.
]]> This means that the business could be subject to division during any divorce proceedings. Many experts note that this can be negated through the use of a prenuptial agreement. But this does not mean that the non-owner spouse will receive nothing for relinquishing her or his rights to a fair share in the business. A fair prenuptial agreement or divorce settlement that does not see a business severed between former spouses will likely make it up to the non-owner spouse in some other form -- perhaps an increased share of other property being divided or spousal support.Those considering the option of a prenuptial agreement -- or a postnuptial agreement, for that matter -- should be wary of doing it on their own. In order for these documents to be seen as legitimate during a divorce proceeding, many strict guidelines must be followed. If you aren't considering such an agreement, you may want to.
Source: Hour Detroit, "Navigating the Uncertainty of Divorce" No Author Given, May. 02, 2013
]]>The sequestration cuts come after the reauthorization of the Violence Against Women Act was stalled, thus negating the ground that was regained when the act was signed into law once more earlier this year. Now, many of the services that domestic violence victims rely on will be unable to serve the same number of people that they have been serving. But this is not new news. Such programs have been fighting against shrinking funding for some time now, caused by other governmental cuts as well as tighter wallets on individuals who would normally donate to such causes due to the recession.
]]> Individuals seeking help from domestic violence organizations can often find temporary transitional housing, sexual assault treatment, assistance with filing protective orders and many other beneficial services. But the sequester is predicted to eliminate $20 million worth of federal funding and estimates suggest that more than 70,000 domestic violence victims will be unable to access shelters and recovery programs. This may translate to a number of people -- women, men and children -- being stuck with their abusers, forcing them to live an unsafe and unstable life.Research indicates that 43 percent of providers have been forced to decrease the services that they provide. Domestic violence programs may be more in demand now than they were in previous years as many households continue to deal with financial stress. If you or someone you know is involved in such a relationship, consider contacting an attorney to determine what steps should be taken to end the abuse.
Source: Think Progress, "Sequestration Cuts Strapped Domestic Violence Services Amid Increased Need" Bryce Covert, May. 06, 2013
]]>Authorities report that new efforts in neighboring California may bring a useful solution to this problem, however. San Mateo County is using a federal grant to find and confiscate weapons held by domestic violence offenders. In just one year, the department was able to collect more than 300 weapons. Also, this is the third year that the county has not experienced a gun-related domestic violence murder.
]]> Officers say they have recovered a wide variety of weapons, including submachine guns that were illegally purchased in other states and then brought into California.The new process is simple. When someone receives an order of protection, they are interviewed to find out whether the subject of the order could be carrying a firearm. Officers then travel to the perpetrator's home, serve a court order and retrieve the weapons. Sometimes the owner of the firearms sends the investigators on side missions to retrieve the weapons from other people, but officers say the extensive detective work is worth it. Domestic violence incidents involving guns are among the most dangerous calls for police; taking the weapons out of the equation can protect both officers and civilians.
One woman from Spokane, Washington, confirmed the importance of the efforts by telling her own domestic violence story. Her ex-husband was served with an order of protection, but officers were unable to retrieve his firearm. Nine hours after the order was served, the man showed up at her door brandishing the gun.
If you are experiencing legal difficulty because of domestic violence or other family law concerns, contact a family attorney. These legal professionals can help you protect your rights, allowing you to enjoy true protection even in the face of daunting odds.
Source: nbcnews.com, "Subtracting guns from the domestic violence equation: rare but effective" Tracy Connor, May. 03, 2013
]]>Prenuptials are largely designed to protect your earnings after you enter into your marriage. Imagine that you have just started a law practice after saying “I do"; at that point, you may not have very many personal assets, but you will accumulate them as your business continues to thrive. If you expect to take over a family business, or if you currently own your own business, a prenuptial agreement could protect those assets enough to keep them financially solvent even after a split.
]]> The converse side of the argument, of course, is the accumulation of debts during a marriage. Your significant other may have come into the relationship with mounds of student loans or credit card debt that were not related to your life together. Prenuptial agreements can stipulate that certain loans and debts will be paid by the party that accumulated them, allowing the other spouse to escape a crushing financial burden they do not deserve.Finally, prenuptial agreements can help you protect assets for your children from previous spouses. If you become divorced from a second spouse, for example, the prenuptial agreement could guide the equitable distribution of your assets. Furthermore, if you die, your heirs will be guided not only by your estate plan, but also by the legal requirements of the prenuptial agreement.
Even though these documents do not always initially appear beneficial, individuals in all economic classes can benefit from prenuptial agreements.
Source: huffingtonpost.com, "Prenups: Not just for the wealthy" Jason Marks, Apr. 25, 2013
]]>Child custody is an extremely important matter because it determines the future parental roles of the divorcing spouses. Those that choose to pursue it without wrangling their emotions first are not likely to receive the determination they want. This is where attorneys do the majority of their work.
]]> The judge is legally obligated to ignore any sort of extenuating circumstances outside of the fact that you and your spouse are getting divorced. This means that if she or he cheated on you, it doesn't matter -- this will not play into the outcome of the divorce. While this may be disappointing to realize, it is how divorce goes and because of this, lawyers can play an extremely important role.Many spouses may find themselves confiding in their attorneys during the divorce process, using them to vent their emotions and express their resentment or anger. The job of the legal professional is to determine what her or his client wants out of the divorce and to seek those things during legal proceedings. While it may be hard for a spouse to focus on goals during this tumultuous period, attorneys are paid to be professional and to remain so during the proceedings, often giving them and their clients a better shot at getting their desired outcomes.
Divorce is often considered to be one of the hardest times a person will go through. Because of this, it is understandable that people become emotional during related proceedings. Doing your best to keep these feelings under control has the potential to save you money by making the process that much shorter.
Source: Huffington Post, "The Sounds of Divorce" Benjamin Berkley, Apr. 23, 2013
]]>Industry experts say there has long been a gap in services for people seeking to use collaborative methods to develop comprehensive child custody plans. Nonprofit groups throughout the city are now providing negotiating support for parents who are attempting to determine where children will live, how often they'll transfer between guardians and when grandparents are allowed to visit.
]]> This service provides a useful intermediary between parents and the state of Washington, which legally requires the submission of formal parenting plans for families going through divorce. The plans are designed to support the best interests of the children, but they still sometimes spark long-term, bitter conflict. Parenting-plan mediation can provide the environment in which parents can craft a lasting custody agreement that is acceptable to all parties.Mediation allows families to entirely avoid courtroom processes, which are often expensive and can last for years. Mediation also provides confidential, quick dispute resolution for families going through amicable divorces. Sessions can cost as little as $20, a significant savings over standard courtroom expenditures. Parents work together to craft compromise documents that ultimately create a satisfying child custody arrangement. Research shows that mediation-based agreements lead to better parent-child relationships, allowing non-custodial parents to become more involved in their kids' daily lives.
Local attorneys say mediation is a relatively new process in the state of Washington, but it is becoming increasingly popular among couples who are seeking more peaceful ways to finalize their splits. Consider seeking the professional advice of a collaborative law divorce attorney if you think mediation would be right for you.
Source: columbian.com, "Local mediation service targets parenting plans," Scott Hewitt, April 15, 2013
]]>Unlike alimony, child support is often not based largely on the different incomes of the parents. Instead, it is based on who gets custody and who does not. In order to contribute to the raising of the child, support is paid in monthly payments. But many people do not realize how quickly these can add up or how suddenly a change in income can make a noncustodial parent incapable of paying. When a parent's payments become delinquent, things can go bad. The state may be able to withhold payments from a delinquent parent's paychecks or intercept income tax returns.
]]> Another way that divorce can cost you is alimony, also known as spousal support. This is a payment made from the spouse with more income to the one with less income to help the latter survive financially. Many people paying alimony complain that they are getting swindled by ex-spouses who will not remarry or who are not looking for jobs.Also, once divorced, people may not realize that they will lose a considerable number of tax breaks. This means paying more to the government on an annual basis. In addition to this, there is also the realization that retirement planning may be harder. This is because there are no longer two people contributing to the costs of everyday living, leaving little if any for saving. An individual seeking a divorce may want to consult a lawyer to understand the financial implications to be prepared for handle them.
Source: RISMedia, "5 Ways Divorce Could Affect Your Finances," Stuart Pfeifer, April 15, 2013
]]>Imagine that you've made it through the divorce. The road was rough and the split cost you thousands of dollars. Your kids were grown and out of the house so child custody and child support were not important. The important part of your split was the way that property was divided. You've received $250,000; the home you once shared, along with its mortgage; and several other pieces of property that you cherished.
]]> The mortgage is still worth $120,000 but you have no retirement fund. So what do you do? Though this varies from person to person, some would suggest paying off the mortgage so you won't have house payments during retirement. This could be a wise decision and may give you the option of selling it to generate a large pool of income during a dire financial situation. But as we've seen in the recent past, the home may drop in value and you may lose money this way.Another option is investing the majority of the $250,000 rather than the amount that would be left after repaying the mortgage. Proper investments could create a retirement fund that could afford a house payment and many other things. Of course, this is where the uncertainty of the future that comes with divorce looms its ugly head. These types of decisions can be extremely tough but must be made as people only lose time to prepare for retirement as they age.
Source: Fox Business, "Best Use of Divorce Cash Before Retirement?," Don Taylor, April 8, 2013
]]>So, how can you avoid saying things that will come back to hurt your children or other family members? It is important to remember to watch your words so you can be both an effective co-parent and be proud of yourself after the divorce is done.
]]> First of all, remember that trial should be a last-resort decision. Alternative methods for divorce proceedings exist, including mediation, arbitration and other collaborative procedures. These often encourage a more merciful and helpful approach to divorce, which can benefit children because of their lower impact. Parenting coordinators can also help during these complicated procedures.One of the most helpful tips provided by divorce experts is a simple one: Count to 10 before you make a response. Be sure that you are using mature, respectful methods for communication with both your ex and his or her legal team. Your words should be kind enough that you can still permit your children to respect and love your soon-to-be ex. You should both be able to interact with each other during school events, games and major occasions, such as weddings.
No matter what you do during your divorce, and no matter how much you despise your ex, you must first remember that you are always going to be parents. Your children will always depend on you for financial, emotional and social support, so you must demonstrate your worthiness as parents. You need to act in the best interest of your children in all situations, rather than simply attempting to get back at your soon-to-be ex.
Divorce attorneys can help you understand what to expect during this difficult time, including issues with child custody and property division.
Source: Huffington Post, "Words hurt," Henry Gornbein, April 3, 2013
]]>As mentioned, there are many options for a man or woman to escape an abusive relationship. Many cities have organizations and programs designed to help individuals who are in need of such assistance. An attorney may be able to direct you to a local shelter or organization willing to help. Legal professionals may also be able to assist in filing certain documents, such as a temporary restraining order that can bring a sense of comfort to the issue.
]]> The major problem with abusive situations is that victims are often scared to leave. They know what their abuser is capable of and think that by leaving, they may instill an even greater force in the abusive individual. Though this is possible, it is better to escape the situation and the violence before it is too late. Many people have been killed through domestic violence, and the effects this can have on shared children and other family members is potentially devastating.According to a new report from the National Network to End Domestic Violence, 64,324 adults and children received assistance from domestic violence programs in a single 24-hour period. This number shows that many people are trying to break the chains that abuse has created and move on to a safer and healthier life. Though it may be tough to leave -- especially if your abuser is providing shelter and income -- it is the right choice and it can be made easier through local domestic violence programs as well as the assistance of a legal professional.
Source: Care 2, "Sequester About to Make Domestic Violence Crisis Worse," Jessica Pieklo, April 3, 2013
]]>Before the recession, the home was usually the most valuable asset a married couple would have. Even now, this can be the case. But what happens when a couple divorces and neither want the home? What about if both of them want the home and cannot come to an agreement? The most likely solution would be to sell the property, which leave realtors often finding themselves dealing with the couple's baggage during these situations.
]]> Imagine working with a couple who refuse to talk to one another. Or consider the possibility that the divorce has been settled and the home is to be sold, but one of the spouses will not leave. This can be an incredibly tough sell, especially since the person who does not want to move may do whatever she or he can to sabotage any potential sale.In other cases, the couple may have been living in the home as the marriage fell apart. Some couples have built walls and put new locks on doors so that they can live in the same home but have completely separate lives. This often lowers the value of a home. In addition to all of this, buyers' ears often perk up when they hear that the sellers are divorcing because they suspect that they may be able to purchase the home at a lower price.
If you expect a sticky situation regarding the home during your divorce, an attorney may be able to help. Seek legal counsel to determine whether or not assistance can be provided to you to make your divorce as easy and painless as possible.
Source: New York Times, "After the Breakup, They Help Sell the House," Elizabeth A. Harris, April 1, 2013
]]>For divorced parents, the guilt over the divorce and the presumed impact on a child can be overwhelming. While some parents may choose to put off dating until a child is well into their teen years, others are eager to find love and companionship again. For these mothers and fathers, there are several ways to help ease the tension of introducing a new love interest to a child.
First, be up front with a child. Allow a child to openly and honestly discuss their feelings and anger, even if it's misdirected or hurtful. Opening the lines of communication is an essential component to having a healthy relationship with a child. It's also important that a child knows that neither they nor their other parent are being replaced by a new love interest.
They say love is sweeter the second time around, and many divorcees seem to agree. For divorced parents who hope to find love again; communication, understanding and patience are key to helping a child accept a new partner.
Source: The Huffington Post, "When Kids Dislike Your New Partner," Christine Gallagher, April 3, 2012
]]>Beatie lives as and considers himself to be a man. While he underwent a double mastectomy and regularly takes testosterone to appear more masculine, he has never undergone a medical sex change. As such, Beatie was able to carry and give birth to the couple's three children.
The couple wed during 2003 in Hawaii and have since lived as a married couple and by all accounts referred to one another as man and wife. Discussing his refusal to grant a divorce, however, the judge declared he was unable to legally define a man as an individual who is able to carry and give birth to a child.
Because the state in which the couple lives and filed for divorce does not recognize gay marriage, the two may find themselves in a complicated legal battle. While millions of Americans are currently fighting for the right to marry, this case illustrates complications that can arise as a result of some state's laws when same-sex couples want to divorce.
Source: KPTV, "Judge blocks divorce for transgender pregnant man," Steve Stout, March 29, 2013
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