Posted on August 19, 2016 in Divorce

Whereas most divorcing couples are able to make a clean break, parents who divorce have a child that connects them, even after the papers are finalized. In the child-rearing years, this means a making switches for parenting time, paying or receiving child support, and possibly even bumping into one another during dance recitals or soccer games. When the child becomes an adult, parents must determine how to fund college tuition. Regardless of whether you are currently at this stage in your life, or simply want to plan for the future during your divorce, the following information can help in you deciding how to fund your child's college tuition after divorce.

Tax-Advantaged College Savings Plans

With the rising cost of tuition, more and more parents are planning and saving early. Many use a 529 savings plan because of its tax advantages, which works out fairly well while they are still married. Unfortunately, if they ever divorce, this savings plan is no longer just a nest egg for their child. It is now a marital asset, which makes it a consideration in their divorce settlement. This can lead to all sorts of complications that may range anywhere from a Free Application for Federal Student Aid (FASFA) when applying for tuition assistance to a complete loss of the funds. For this reason, parents need to candidly discuss how they will manage the 529 during the divorce.

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 Posted on August 12, 2016 in Family Law

Wedding season is officially upon us, and couples are in the final stages of planning. They are getting that last fitting done, perfecting the guest list, double-checking with the caterer - but how many are working on a prenuptial agreement? More importantly, should they? After all, prenuptials are just for couples with millions of dollars . . . right?

Prenuptial Agreements Are Not Just for "Rich" People

Despite the stigma surrounding prenuptial agreements, they are not solely for the excessively wealthy. In fact, any couple can craft and execute a prenuptial agreement, and there are many reasons they might want to. If, for example, they have children from a previous marriage, they may want to ensure that their divorce settlement is set aside for them, should their current marriage end in divorce. Alternatively, if one spouse has a high earning potential - say a promising business or career path - but not a lot of money at the start of their marriage, a prenuptial agreement might be appropriate. Then there are those that simply want to define how money will be spent in their marriage, and how assets will be treated, should they ever divorce.

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 Posted on August 11, 2016 in Divorce

Divorce is one of the most contentious, emotionally difficult, and legally complex matters of the law. This is due, in part, to the process known as asset division. These things, being divvied up between you, are not just material possessions. Many have memories attached - a family home where children were raised, summers spent at a vacation cottage, the pearls given as a Christmas gift. How do you decide what to split, what is worth arguing over, and what should simply be sold? The following information, and guidance from our skilled divorce attorneys, can help you forge forward.

When "Winning" Becomes More Important Than the Asset

Before they actually embark on their journey through divorce, many couples think about how the process will play out. They want to believe that, when push comes to shove, they will avoid fighting and, instead, focus on moving forward. Unfortunately, this is rarely the reality. Guilt, anger, rejection, despair, and other negative emotions begin to take over, often causing even the most level-headed people to snap, yell, and argue. Before you know it, you have become more focused on "winning" the divorce than anything else.

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 Posted on August 05, 2016 in Family Law

When the laws regarding divorce changed, the way that parents determined when and how they would spend time with and make decisions about their child's life changed as well. These aspects of divorce, which are now known as allocation of parental responsibilities and parenting time, require that parents craft and submit a legal document that outlines the details of these matters in their divorce. Known as a parenting plan, it covers everything from where a child will go to school to what their religious upbringing will be. Know how this plan is used and how you can effectively craft one during your divorce.

What is Included in a Parenting Plan

Since each family is unique, parenting plans should be crafted to reflect their specific needs, beliefs, values, and circumstances. The details will also likely vary, from one family to the next. However, most will include how important decisions about their child's life will be made, a schedule for parenting time, pick-up or driving responsibilities of each parent, and information on which extracurricular activities the child will participate in (if any).

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 Posted on July 29, 2016 in Divorce

You hear about how difficult divorce is from almost everyone - couples that have been through it, children who were caught in the middle, even attorneys. However, it is one of those situations that, until you are in it, you really have no idea just how drastically it will affect your life. It is emotionally and mentally exhausting, time intensive, and stressful. It can even have an impact on your health. Know what your risks are and how you can best prepare and protect yourself during this phase in your life.

Possible Health Risks During and After Divorce

Numerous studies have been done on divorcees to determine the potential health risks of divorce. Many of them extend well beyond when the process is complete. For example, the Mayo Clinic indicates that divorce could lead to issues with anxiety, and a 2013 Clinical Psychological Science published study found that divorce increased the risk of depression.

Another study, published in the journal Health Psychology, found that divorce caused sleep disturbances, which increases the risk of high blood pressure. Cardiovascular disease was also found to be higher in those that had gone through a divorce, particularly women. Other studies have concluded that weight gain is highly likely after divorce, which can further exasperate the risk of high blood pressure and cardiovascular disease. Add all of this to the chances of being left without health insurance, and you have a recipe for disaster.

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 Posted on July 25, 2016 in Hidden Assets

It is only natural to want your fair share in a divorce, and there is nothing wrong with protecting assets that are rightfully yours. An attorney can help you with all of this, but it is possible to take things too far and deceptively try to keep more than you should. A civil and potentially even a criminal matter, such practices are known as asset hiding, and they can land you in trouble. Understand the difference and learn how you can legally protect your assets during your divorce.

Protecting Your Business

Like all other marital assets, businesses are valued and equitably distributed during divorce. This does not necessarily mean that you have to take on your soon-to-be ex-spouse as a partner, or that you have to sell the business. In fact, if you are willing to part with an equal sum of your remaining marital estate, you may be able to walk away with your business intact. However, it is important that you tread carefully in business matters while pursuing a divorce.

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 Posted on July 20, 2016 in Mediation

Mediation is a process that encourages couples to amicably work through the details of their divorce, such as the division of assets, allocation of parental responsibilities, and alimony. But how, exactly, does the mediation process work? And is it the right option for your divorce?

How Mediation Works

When couples decide to mediate their divorce, they work through their divorce with a mediator, instead of a judge. Details of their divorce are negotiated rather than litigated. An impartial party, the mediator can only make suggestions for working through a particular problem. They cannot make any decisions. However, each party does still have the right to hire an attorney to ensure their rights are protected, and that they have considered all relative factors in the negotiation process.

Advantages and Disadvantages of Mediation

Couples who successfully complete the mediation process often find that there are some distinct benefits. For example, the process is often less contentious because it encourages couples to focus on the details, rather than blame for the dissolution of their marriage. It is also a process that can save couples time, money, and stress. Furthermore, the process is more private and offers more control over the final outcome than traditional divorce.

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 Posted on July 18, 2016 in Divorce

Even when you know that a divorce is necessary, the process can be stressful, full of tension, and emotionally taxing. In fact, even those going through amicable divorces find themselves surprised by the sense of loss they feel during the process. Rest assured: these feelings are only temporary and, very soon, you will be on the path to healing. But you do not have to wait until the divorce is over to take positive, healthy steps forward. You can use these tips to help you rise above the stress and tension of your divorce, starting immediately.

Know Your Risks

The first step to solving or preventing a problem is knowing that the potential for one exists. As such, you should be aware of the negative effects that a divorce can have on your life. Studies show that trauma of a divorce can have a lasting impact on your mental and physical well-being. Take preventative steps, such as remembering to take time for exercise and try to eat healthy. Seek emotional support from family and friends. And, if necessary, see a therapist or counselor to help you deal with feelings of anxiety, anger, depression, or guilt.

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 Posted on July 13, 2016 in Child Custody

Most parents recognize that they are not the only ones hurting during divorce. Children, who once had a whole family, living under one roof, must now split their time between two homes and two parents. This, in and of itself, can be stressful, but many also assume responsibility for the dissolution of a marriage, or blame one or both of their parents. When paired with the upending of their lives, this can lead to problems with depression, anxiety, and behavioral issues at home and/or school. However, parents can help children survive divorce and better adjust in the months and years after by avoiding some of the most common divorce mistakes.

Be Willing to Take an Honest Look at Your Own Behavior

When going through the emotional stress of a divorce, it can be difficult to take an objective look at your behavior, but unless you are willing to do so, you will never really be able to determine if there is, in fact, a problem with the way you are reacting to your child or your spouse. So, regardless of how you are feeling, be willing to at least try and take a step back to examine your behavior. If you need help from a therapist or a close, trusted family member or friend, seek it out. This can help you be better equipped to help your child in the weeks, months, and even years following a divorce.

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 Posted on July 08, 2016 in Divorce

In divorce, couples often assume that debt, like assets, will be appropriately divided. Unfortunately, this is not always true. And, even when debt is assigned in divorce, creditors may still hold both parties responsible for an unpaid debt, missed payment, or late payment. As such, it is critical that you take assertive steps to protect your credit, and your financial future. Our attorneys can help.

Dividing Debt in Divorce

The first step to protecting yourself from debt in divorce is knowing which debts actually belongs to you, and what debts belong to your spouse. With the help of your attorney, you and your spouse can attempt to separate these debts outside of court. However, debt division can be taken to court for litigation if you and your spouse are unable to resolve matters amicably. Factors that the judge may use to determine who is be responsible for debt will typically include:

• Who opened the account or made the debt;
• Who received benefits or proceeds;

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