Blog Marketing Success

Tired of Battling With Your Ex? Try a Parenting Coordinator...

The custody battle may be over but that doesn’t mean that the fighting has stopped. Many divorced couples continue to struggle with a variety of issues ranging from the very small to the very complex. Where will our child go to school? What courses should he major in? When is she considered old enough to date?

Ideally, when courts grant joint legal custody, it is done with the intention that the parents continue to “parent” together, working out the kinks and finding a comfortable compromise on all of life’s big decisions. But when the parents are divorced and disagree, what can you do?

Enter the parenting coordinator, a mediator with the power and skills to act as a go-between for Mom and Dad.

Recently featured in a Wall Street Journal article “A Referee for Mom & Dad”, parenting coordinators are becoming more and more common in the family courts, giving judges a way to settle the disputes without tying up the court system in the process. And while most court systems see parenting coordinators as a viable option for mediating arguments, some jurisdictions are requiring sessions with a parenting coordinator before even hearing the issue in court.

Parenting coordinators don’t come cheap – ranging anywhere from $50 to $500 an hour but the benefits can well outweigh the cost. And as popularity grows, so does the training available for coordinator hopefuls. Parenting coordinators are typically professionals with a legal and/or mental health background but additional training can help coordinators better understand the unique dynamics that occur between divorced parents. Even the American Psychological Association sees parenting coordinators as a welcome change in reducing parental conflict in its article called “A Niche That Puts Children First”.

Since many divorce, support & custody issues are complex, feel free to get in touch with me by calling 555.555.5555 or emailing lawyername@lawyerwebsite.com

NOTE TO LAWYERS:  Personal invitation paragraph like the one above (Since many divorce...) is customized and inserted free with our professional Blog posting service.  Our reccomendation is that it appear in no more than 50% of your posts.

Bankruptcy No Longer Eliminates Divorce Obligations

In the past, an individual could file bankruptcy and gain immediate reprieve from a variety of debt obligations, including property and asset distributions resulting from divorce.

Under the old law, parties who filed bankruptcy were protected from creditors of unsecured property. This included things like payouts to your ex for anticipated future income, retirement accounts and their interest in your business or professional practice.

But under the new Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005, domestic support obligations such as these are considered a first priority claim and are exempt from being discharged.

The new law also makes certain debt obligations assumed in a divorce, such as mortgage or loan payments) exempt from discharge as well. The key is whether or not the debt is considered part of the party’s domestic support obligation. If your ex agrees to continue paying for your car for example, that would be considered domestic support. A credit card payment on the other hand would most likely fall outside that veil of protection so you may want to rethink how you structure obligations if you’re facing a divorce.

Additionally, Forbes.com has an interesting article “When Bankruptcy Meets Divorce”.   

No Spousal Support in Your Prenup? Think Again...

If you think you won’t have to pay spousal support (it used to be called alimony) because your spouse waived it in a prenup, you might be in for a big surprise.

Several states don’t even allow the issue of spousal support in prenuptial agreements and prefer to address it separately from the rest of the property distribution. In those states that do, the waiver of spousal support is still scrutinized as the courts try to determine whether or not the waiver is “reasonable”.

What does that mean for you?

If your prenuptial agreement creates an unfair and “unreasonable” advantage to one party over the other, the Court is likely to throw it out. So, if one spouse makes considerably more than the other, a spousal support waiver from the lesser-earning spouse could be meaningless.

In fact, the reasonableness test is one of several key criteria to having a valid prenup. Signing under duress, signing without a lawyer or failing to give full financial disclosure are also possible grounds for dismissal. So if you think a prenuptial agreement is right for you, be sure you take steps to keep the judge from declaring it invalid.

If you have questions about pre nuptial agreements or the question of reasonableness, feel free to call me at 555-555-5555 or email me.

Who Gets Custody? Here’s What the Judge Will Look For...

If you’re facing a custody battle, you might be wondering what to expect. The truth is, there are several individual factors that can influence custody decisions and just as laws differ from state to state, so will opinions and perceptions among different judges.

That said, most courts rely on the “best interest of the child” standard and will look at a variety of factors, including the personality and mental health of the proposed guardians as well as financial stability and the emotional needs of the child at the time of the hearing. Where does the child want to live? What kind of relationship do you have with your child now? Who can best provide for the child on a day-to-day basis?

These questions can often incite a battle between the parents, each trying to prove their “worthiness” over the other. The truth is however, that courts much prefer to build a custody arrangement that leaves the family unit intact as much as possible. This can be done through a variety of joint custody arrangements, giving both parents the opportunity to continue maintaining an active and somewhat equal role in the child’s life. Courts also tend to look favorably on out-of-court custody arrangements  agreed to by the parents.

You should also remember that there are different types of custody  that can be awarded – i.e., legal vs. physical and sole vs. joint – and these can be combined and distributed in a variety of ways between parents, grandparents and other guardians to meet the standard of “best interest of the child”.

Financial 411 for Divorce

Don’t get stuck in credit crisis or bankruptcy battles when your divorce proceedings are complete.  Many people don’t think ahead and make a lot of financial mistakes during a divorce that tie them up in knots once the process is final.  Here are five of the biggest mistakes to avoid as you move forward with your divorce. 

• Liquidity of Assets.   Be realistic and don’t expect to get both the liquid and illiquid assets.  In many cases, one or the other will be awarded to each party.  Be sure that, if you are receiving the house and other illiquid assets, you are prepared to give up the bank account and find other ways to finance the mortgage.
• Impact on Taxes.  Make sure you know the capital gains of the properties you are awarded because there can be a lot of hidden expense in this area.
• Understanding retirement accounts.  These will have to be divided, and there are tax withholdings to take into consideration, making this a similar aspect to the impact of taxes.  Be prepared for the financial penalties faced here, not kidding yourself.
• Identify Hidden Assets.  Start with tax returns and make sure you are missing nothing that can be used against you or may cause havoc in the future, after the proceedings are finalized.
• Create a budget.  Your life will be very different after the divorce is final, so you’ll need to prepare financially for your future alone (or with children, as it may be).  Prepare your budget realistically.

Unfortunately, there are a number of other mistakes that can and do arise regularly in terms of financial preparation for divorce.  However, these are the top concerns that can be avoided to make everything work a little more smoothly.

Virtual Visitation Via the Internet

There are at least five (5) states that have passed legislation regarding virtual visitation, or internet visitation:  Utah, Wisconsin, Texas, Missouri and Florida.  Other states are sure to follow. 

Internet visitation is being implemented, primarily for the purpose of allowing a parent more access to his or her child while the child is not in their care; it is not meant to replace one-on-one visitation.  Think of it as a supplement to in person time with your child(ren). 

One Judge who ruled in favor of adding virtual visitation to his custody order, explained that if internet visitation allows the child to say goodnight to both parents each night, why shouldn’t they?  It is unfortunate but often true; divorce is hardest on the children. 

Click here for your free Virtual Visitation handbook.

Virtual visitation allows for the parent and child to communicate on a more regular basis, allowing for the parent and child to see and hear one another, which can be more effective than the standard telephone call.  It seems that those adverse to virtual visitation are most concerned with parents using it as a means to replace typical in person visitation, which it is not meant to do. 

Use the internet to keep in touch with your child on a daily basis can be extremely rewarding for both parent and child, whether they live a town away or across the country.  User properly, virtual/internet visitation could very well enhance the time you spend away from your child during and after a divorce. 

If you would like to add Virtual Visititation to your current or pending viditation agreement, or you have related questions, feel free to call my office at 555-555-5555 or email me.

Protecting Your Inheritance or Assets from a Divorce

In the absence of a prenuptial agreement, there are steps you can take during your marriage to protect your finances.  If you receive an inheritance during your marriage, do not commingle that money with any marital property or accounts!  Meaning, set up and keep a separate account, titled in your name alone, for the money received from an inheritance. 

The same holds true for premarital assets.  For example, lets say you own your own home then marry and you and your spouse live together in that home during the marriage.  The home is your premarital asset, so long as your spouse has not made contributions to the property, i.e., assisted in payment of the mortgage during the marriage, used marital money earned during the marriage by both of you to make improvements on the home or pay the taxes.  Although the laws vary from state to state, generally speaking, if this occurs, there is going to be some claim against the property by your spouse at the time of a divorce.   

If you receive an inheritance during your marriage and want to use some of the money for marital purchases, such as a new home or car, before you do anything with the money (besides depositing it in a new account in your name only!) find an attorney who specializes in the preparation of prenuptial and postnuptial agreements.  Have him/her prepare a postnuptial agreement to set out the terms of use of the inheritance money so that it is still protected from being equally distributed between you and your spouse in a divorce. 

Visit EqualityInMarriage.org for more information on postnuptial agreements, what they are, what they can and cannot do and how to go about presenting a postnuptial agreement to your spouse.    

Children's Right to Choose – Divorce and Custody

What happens when a child is old enough at the time of his or her parents’ divorce to weigh in on the choice of parental custody?  How old is old enough to even ask for an opinion?  Does the judge in a divorce custody case take any of this into consideration in his or her decision? 

First, consider that the mandate a judge follows in awarding custody is to make the determination based on the “best interest” of the child.  While this standard is not clearly defined, it obviously leaves it up to the judge’s subjective opinion as to the best placement for the child.  Still, there are considerations that the judge must take into account based on the legal setting in most states.

While the exact age varies from one state to another, children of a certain age are typically given the right to choose which parent with which they want to reside.  For example, in Georgia a child who is 14 years of age or older can select their custodial parent, assuming that parent is deemed fit.  Also, in this state, children between 11 and 14 can express their wishes for the court to consider in their decision.  This has become a subject of debate for some who feel children shouldn’t be pressed to choose one parent over the other.

Of course, the child’s need to adjust, the desires of the parents, and the mental and physical health and stability of all involved are also taken into consideration.  Joint custody has also become a popular solution when practical (assuming parents will remain close in proximity).

Please feel free to call me at 555-555-5555 if you have questions about custody.  You may also email me.

Divorce Shock? Take These Steps Today...

As if there was not enough mental and emotional pain involved in divorce, the legal and financial aspects of the proceedings double the stress factor of this hard time.  Fortunately, you can learn from the experience of others in the past and ease the troubles you will have by applying the following tips. 

1)     Do not ignore the motion for divorce.  Accept the papers you are served, and contact a lawyer immediately.  If you do not respond with a legal advisor, your spouse will still be able to divorce you and probably walk away with everything he or she wants.  Don’t call your spouse’s lawyer, and be sure to counter-file.

2)     Hire a lawyer who has particular experience.  Especially if your spouse is in the military, you need to hire a military divorce lawyer who knows how to deal with the special circumstances that arise in such a situation.

3)     Know the property laws.  These vary by state, and your attorney will be able to help you decipher this information.  Typically, in a community property state, the assets will be divided 50-50.

4)     Close joint accounts.  In order to keep yourself credit worthy and avoid any possible misuse of accounts by either party that could be detrimental to both of your futures, make sure that all joint accounts are closed and that you are provided with written confirmation.  This will keep your credit out of the red.

Who Needs a Prenup? Maybe You...

A Prenuptial Agreement is a legally binding document two people sign in anticipation of marriage, when one party has certain assets or a significantly larger earning capability than the other.  It’s up to each person individually whether or not to start out a marriage with this document, but realistically speaking, if you want to financially protect yourself in the event of a divorce a prenuptial agreement is the best way to do so.  Be sure to go about this in a delicate way and provide your soon to be spouse time before the marriage to think about and understand the effects of the prenuptial agreement and suggest that he or she take the agreement to their own attorney to review and discuss.  A prenuptial agreement may be void if it’s signed under duress or not prepared properly. 

It is also very important, maybe even more so, if you are getting married and anticipate making a large amount of money during the marriage and you simply don’t want to share the outcome of your earnings 50/50 if you get a divorce.  Most states address the issue of premarital assets, but it far from guarantees you will walk away from a divorce with what you started with, especially if premarital assets are commingled during the marriage.  In addition, if you are remarrying and have children from a prior marriage or relationship, a prenuptial agreement can protect certain assets for your children in the event of your death.  In addition to the prenuptial agreement, it will be important to follow through with your inheritance instructions by having an attorney prepare the necessary wills and trusts.

A prenuptial agreement can be used to do many things such as define what roles each spouse will play during the marriage, set up division of assets and liabilities in the event of a divorce, protect a family business from exposure and possible division during a divorce, and much more. But it cannot, under any circumstances, determine which parent will have custody of minor children born during the marriage, or limit or prevent child support or visitation rights.

How the Internet is changing Divorce

Like everything else in life, the Internet is becoming an enabler for simplified divorce proceedings.  Not only is more information available for research to help you prepare for the divorce in terms of legal aspects, but you’ll even find that you can file for your divorce online with minimal court contact.

When it comes down to it, there will be a lot of issues you aren’t sure you understand and legal jargon that you’ll need to research, despite your lawyer’s expertise in the area. There are online legal libraries in which you can look up expressions, jargon, and actual law, as well as case studies and precedents that clearly define decisions in the past to shed light on what will possibly occur in your own case.

Articles have been published in major international magazines regarding the trend in Internet divorce capability.  Other legal journals have also delved into the experience and explored the possibilities, reviewing this and the ability to find other resources online. 

One thing you can be sure of:  while quantities of divorces are starting to decline for the first time in decades, those who are still heading to the court shortly after walking down the aisle have no shortage of electronic resources to assist them in a successful venture.

If you are considering divorce, you may email me or call me directly at 555-555-5555.  I am here to help.