Seeking the assistance of a skilled family law attorney and beginning the path to a divorce can feel overwhelming. However, once a happier set of living circumstances is on the horizon, many feel relieved and empowered. Is there an appropriate way to express these positive emotions relating to a new beginning after divorce?
]]> An interesting trend that is growing across the country is divorce parties. Some couples are evening throwing joint parties by way of announcing to friends and family that the couple is ending their marriage.Each divorce is unique, and experts appear to be struggling in reaching a consensus about divorce parties. One couples counselor feels like this is a healthy expression of embracing a new life. She says, “You’re allowed to be who you are and allowed to pursue your happiness so this is a way to mark that, to say ‘OK, the hardship, the really rough part is over now.’”
However, others caution that particularly for splitting couples with children, a celebration can send the wrong message. Ultimately, because each divorcing individual is unique, it is up to the individual to weigh what is appropriate and best for them to move forward. However, one thing that many experts are in agreement on is that seeking legal counsel in ending a marriage is imperative.
A skilled attorney will help a divorcing individual begin their new life under the best of circumstances by advocating for the individuals rights pertaining to property division, child custody and any applicable support payments in a divorce.
Source: The Huffington Post, “Divorce Party: Tacky or Tasteful? (VIDEO),” May 15, 2013
]]>Think about the last time you vented about a difficult co-worker on Twitter or posted a picture of yourself on Facebook that you wouldn't want your mother to see. While posting comments or photos on social media sites may not seem like a big deal, if you are going through a divorce and working out a child custody agreement, posting the wrong thing can affect how the judge views you as a parent.
]]> According to the American Association of Matrimonial Lawyers, social media posts get used as evidence in more than 80 percent of divorce cases. Often those posts involve one spouse bad-mouthing the other. So what should you do?The obvious answer is to stay away from your social media pages during your divorce. Resist the urge to talk about how uncooperative your ex has been, and definitely do not post those pictures from your trip to Vegas. While it is true that you are an adult and can make your own decisions, when your ability to parent your children is being reviewed by a judge who doesn't know you personally, it's important to make sure you are seen in the best light. If you really need to vent, call a friend.
In the end, how you handle your Internet presence during your divorce is about doing what is best for your children. Don't let your frustration over your divorce get in the way of maintaining a strong relationship with them.
Source: The Washington Times, "Email, texting can become a WMD during a divorce or custody case," Myra Fleischer, April 23, 2013
]]>While Louisiana has not made moves away from lifetime alimony yet, other states have. More than a year ago, Massachusetts implemented laws that changed the way alimony is handled. While lifetime alimony can still be awarded in some cases, the state created different types of alimony that are generally based on how long a couple was married and what need exists. Additionally, Florida lawmakers have sent a bill to the governor that would end lifetime spousal support and cap alimony payments. So what is the problem with lifetime alimony?
]]> In general, lifetime alimony is becoming increasingly unnecessary -- and a burden for some. Fewer spouses than in the past forego careers to be stay-at-home parents or homemakers, meaning more spouses -- women in particular -- are able to support themselves independently. While some spouses may need a short-term financial boost to get back on their feet after a divorce, proponents of changing alimony rules say that there is little need for these payments to go on for a person's entire life. The person paying alimony, they say, often gets shortchanged.Alimony is no doubt an important part of divorce. If a spouse did give up his or her career to take care of the kids, or if one spouse made significantly less money than the other, alimony is certainly warranted for at least some amount of time. However, as the debate over alimony continues to surge in the country, it will be interesting to see if and how Louisiana lawmakers approach it.
Source: Fox Business, "Florida Bill Would Limit Spousal Support, Will the Trend Spread?" Kate Rogers, April 24, 2013
]]>When a couple decides to divorce -- whether in Louisiana or Hollywood -- they have to go through the process of separating their lives. This means agreeing on property division, spousal support, child custody and child support among other things. For couples who are able to divorce amicably, solutions to these issues can often be reached fairly quickly. However, couples who are not on good terms -- celebrity or not -- can find themselves caught in a long legal battle.
]]> A recent example of contentious divorce is that of reality TV star Kim Kardashian and NBA player Kris Humphries. The couple split in 2011 after just 72 days of being married, but their short marriage was followed by a lengthy divorce.After Kardashian filed divorce papers, Humphries refused to go along with it, instead requesting that their marriage be annulled. He argued that their marriage was fraudulent because Kardashian only married him to increase her fame. After more than a year, however, the couple was officially granted a divorce today.
While a lengthy divorce may be necessary in some cases, most couples would rather not draw out the process. For this reason, it may be wise to talk to your attorney about how to ensure your divorce goes as smoothly as possible while still being fair.
Source: ABC News, "Settlement Reached in Kim Kardashian's Divorce Case," Lesley Messer, April 19, 2013
]]>First of all, both partners should be represented by an attorney, and each should have his or her own attorney. Not only will a prenup be more likely to be upheld in court if an attorney was present for its signing, but working with an attorney will also ensure that both parties are protected and treated fairly in the agreement.
]]> Next, a prenup has to make sense. Provisions that are clearly unfair to one partner -- such as a stipulation that says the breadwinner will not pay any child support -- will likely be shot down by a judge. Similarly, strange provisions such as terms about what color a person's hair must be or how much one partner must weigh during the marriage won't go over well in court.In addition to being fair, the agreement also has to be truthful. Both parties must disclose all of their assets. If one spouse hides assets and the other can prove it, the prenup would likely be invalidated.
Finally, both parties to a prenup must sign the document willingly. If one person is coerced into signing it against their will or if a person was not of sound mind when he or she signed it, a judge may choose to throw it out. It is very difficult, however, to prove that a prenup was signed under duress.
When it comes down to it, a prenup must be accurate and fair to both sides. By taking the time to work with an attorney, you can ensure that your agreement will hold up in court if you and your spouse decide to divorce.
Source: Forbes, "Five Reasons Your Prenup Might Be Invalid," Jeff Landers, April 2, 2013
]]>The author of the article says that handling your divorce in the right way can leave your kids feeling better about their parents than if you had stayed together in an unloving relationship. So, what is the best way to divorce? The author says focusing on your children is a must.
]]> This means taking the time to work with your ex to develop a plan to successfully co-parent. It also means continuing to respect your ex and showing that to your children. Although getting used to a child custody routine may be difficult at first, if you and your ex communicate well and work together to make sure you are on the same page, your children will start to see that both of you are happier. Eventually, they will see that a divorce was the right choice.Many children have a difficult time at first with divorce, but as some Louisiana parents may know, watching their parents live in a marriage full of arguments and disrespect can be even more challenging to cope with.
Source: Huffington Post, "Divorce Or Stay? Parents Must Put Kids First Either Way," Rosalind Sedacca, April 3, 2013
]]>In order to build a working budget that makes sense for your new lifestyle, there are a few things you need to take a look at. The first thing is your insurance.
]]> A divorce doesn't always affect a person's health insurance, but if it does, you need to address it quickly. Most companies will allow an employee to sign up for an insurance plan during the year if they've gone through a major life event. Fortunately, divorce qualifies as that. If this isn't an option, COBRA can help an individual get temporary benefits after a divorce.Next up is debt. To put it simply, get rid of it if you can. Pay off the debt with the highest interest rate first, then work your way down the list. Getting out of debt will bolster your credit score, allowing you to get loans in the future if you need them.
Finally, make a budget and stick with it. Whether you want to use an Excel spreadsheet, an online tool or keep hand-written documents is up to you, but it's important to make sure you are spending within your means. Don't forget to budget for savings. You'll be happy to have an extra stash of money later on.
When you're getting divorced, it may seem like there are endless financial implications. However, if you take the time to set up a budget and understand your finances -- including your debts and expenses -- you'll set yourself up for a prosperous future.
Source: Fox Business, "Starting Your Financial Life Over After Divorce," Andrea Murad, March 22, 2013
]]>When couples build a life together without the legal contract of marriage, breaking up can be a nightmare. Who gets the house? How will you share time with your children? What about spousal support or child support? People who aren't married can't get divorced, so they are often left to deal with these issues on their own.
]]> People who get married, however, have the option to divorce. While no one gets married planning for divorce, some may want to consider the benefits that come with a legal agreement. Among the most important of those benefits is legal protection. If you and your spouse decide to divorce, there are many resources available to help you through the process. And perhaps most importantly, a divorce is a legal arrangement approved by a court that must be upheld. This in itself is extremely beneficial.Take, for example, child support. In a divorce, you and your attorney and your spouse and his or her attorney will come to an agreement -- with the approval of a judge -- on child support payments. If your spouse is ordered to pay you child support, he or she must pay or you can take them to court. If you were never married, however, you may hope and even expect that your ex will send you payments on time, but there is often no court order obligating him or her to do so. If your spouse stops paying, there's not much you can do.
In the end, those who avoid marriage may end up hurting themselves in the long run. Although divorce is rarely something people desire from the onset of a relationship, having the option can be invaluable.
Source: New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013
]]>A way to save money in divorce is to do the paperwork yourself. The risk you take in doing this, however, can be substantial. Think of all of the decisions that need to be made in a divorce. You and your ex will have to split your marital assets, including the family home. That doesn't just entail physical items like cars and furniture. You'll have to deal with retirement accounts and health insurance as well. On top of all of that, you need to discuss spousal support and child custody and support if you have children. To say things can get complicated would be an understatement.
]]> For some, a better approach to divorce may be mediation. In mediation, the couple can meet and discuss different options for resolving the divorce. You can work with an attorney and other experts like financial planners or mental health professionals. With the input of these people, you and your ex can come to an agreement that benefits both of you without having to go through a trial.Ultimately, it's important to remember that a divorce is a legal suit. Once it's been finalized, it's difficult to go back and change things. Because of this, it's important to work with an experienced attorney who can look out for your best interests.
Source: Colorado Springs Gazette, "It's Your Money: Do-it-yourself divorce could be cause for regret," Linda Leitz, March 10, 2013
]]>According to court records, the woman got divorced 10 years ago. In the divorce papers that the woman signed, it says that the woman and her ex-husband had one child together, and the name of the 16-year-old boy is listed. Her ex was given visitation time and ordered to pay child support. The man could not be reached for comment.
]]> Jordan and his attorney are hoping that the divorce papers will convince a judge to dismiss the lawsuit. Normally, a judge can order a person to submit to a paternity test with little evidence, but a case like this may be an exception since paternity seems to have already been established. Ordering Jordan to submit to a paternity test could violate the rights of the man who was considered the child's father in the divorce filing.Understanding paternity is important for both parents involved but even more so for the child. A paternity ruling can lead to changes in child custody, child support and other family law issues. Because of this, it's important to work with an experienced attorney who can ensure that your rights and your best interests are protected.
Source: WAFB, "Michael Jordan wants paternity lawsuit dismissed," Kate Brumback and Steve Reed, March 4, 2013
]]>As you start the process of divorce, working with an experienced attorney who will represent your best interests is very important. Dividing up the assets accumulated during a decades-long marriage can be complicated and very complex, so it's important to have someone on your side who knows what questions to ask.
]]> When it comes to finances, spousal support will likely come up if one spouse hasn't worked in several years. Another important aspect of a later-life divorce is health insurance. If you're almost at retirement age, but haven't quite hit it, you will need some coverage, whether through your own or through a temporary plan until you qualify for Medicare.Getting divorced after many years of marriage can be overwhelming and stressful, even if you know it's the right thing for both you. Some may take comfort in the fact that they are not alone. Currently, divorces between people over 50 make up 25 percent of all divorces in the U.S. To get through this time, it's important to ensure that you understand all of your rights and your options.
Source: Chicago Tribune, "Post-50 divorce rate doubled in 20 years," Leslie Mann, Feb. 27, 2013
]]>Fraser and his ex split in 2009. During their divorce, he claimed an earning potential of $0 for the next year because he had no acting jobs in the works. Earlier this year, however, his ex-wife went to the courts claiming Fraser lied about his income She argued that he hid $9 million worth of earnings. He currently has roles in three moves that have not yet been released.
]]> Many people in Louisiana know how important child support is. While most aren't getting $900,000 a year, the money custodial parents do get often provides their children with everyday necessities. Unfortunately, some noncustodial parents fail to make payments.Child support is not an option, and it is not a choice. Parents who are ordered to pay child support are required to do so by law. Failing to make payments is illegal. Custodial parents who are not receiving the child support they are due should know that there are ways to take action. You can speak to your local child services department or work with attorney experienced in child support enforcement.
Source: Huffington Post, "Brendan Fraser Broke, Can't Afford $900,000 Child Support Payment To Ex-Wife," Feb. 15, 2013
]]>Historically, more people -- nearly 20 percent more -- file for divorce in February than in any other month. For some couples, Valentine's Day is the breaking point. Whether it's due to an unappreciative spouse, cheating, or some other reason that may seem especially exaggerated on a holiday that is supposed to be about romance, the number of people seeking legal advice or referrals jumps by as much as 40 percent on Feb. 15.
]]> Not entirely surprising is the likely fact that Valentine's Day isn't the only reason some couples reach a breaking point in their relationship. Some have pointed out that February is a colder month in many states, and too much time spent inside together could augment preexisting problems. Also, bankruptcy rates are highest in January, perhaps causing some to put off filing for divorce while they take care of financial issues.Ultimately, there is not one holiday or one month or one factor that causes a divorce. Most couples have experienced several problems in a relationship that lead them to consider divorce. While divorce is never something a couple hopes for, those who decide to divorce do so because they know it's the best option for them.
Source: CNN, "Day after Valentine's kicks off divorce season," Chris Isidore, Feb. 15, 2013
]]>To combat this problem, the Louisiana Department of Children and Family Services recruited casinos across the state to participate in a new program. The 18 casinos that are participating in the program can see whether a patron who is collecting winnings is behind on child support. If he or she is, the casino can then garnish those winnings and send it to the state.
]]> The program was piloted in September 2011 at a Baton Rouge casino. Just a few days later, the casino garnished nearly $2,000 from a father who was behind on child support. Since then, the state has collected more than $806,000 in unpaid child support from the casino program alone. At least seven other states have similar programs.When custodial parents are not paid the child support they are owed, it can cause serious financial difficulties. Not only that, but tracking down a parent who owes child support is often a difficult process. Thanks to innovative programs like Louisiana's casino intercept program, introduced in 2010 by former Senator Nick Gautreaux, parents who are owed support may be more likely to get the money they need to provide for their children.
Source: KSLA, "Casino intercept program nets $806,000 in unpaid child support," Kerry Kirspel, Jan. 29, 2013
]]>According to the Pentagon's report, the divorce rate among military couples dropped 0.2 percent from 2011 to 2012. Now, it sits at 3.5 percent. Although this rate is still about a percentage higher than it was in 2001, experts are hopeful that this drop is indicative of a new downward trend in military divorce. Providing even more hope is that the divorce rate declined among all branches of the military.
]]> Many people have speculated as to what has prompted the change, and one idea that may have some merit is that deployments have become shorter and less frequent than they were just a few years ago. Being able to spend more time together may be alleviating the stress that some military families were under. In addition, the economy is gradually improving, perhaps easing some financial strain.Ultimately, one year of slight decline is not enough to predict a new trend, so it will be interesting to continue to follow the military divorce reports in the coming years. However, it's important that military families know that they have options for seeking help if their marriage is in jeopardy. The military offers emotional health programs as well as marriage counseling services to help military families work through difficult times.
If these services are not enough for some spouses and they decide that divorce is the best option, it may be beneficial to seek advice from an attorney experienced in military divorce. There are several aspects of a military divorce that civilian couples do not have to deal with, so having someone knowledgeable on your side can be helpful.
Source: Military.com, "Military Divorce Rate Down Slightly in 2012," Amy Bushatz, Jan. 23, 2013
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