Military and Civilian Divorce—The Differences If you and/or your spouse are active duty service-members in the armed forces of the United States, there are specific issues you need to consider before and during a divorce proceeding: Where to file for divorce How custody and visitation will be affected, particularly if one party is at a permanent duty station across the country or around the … [Read more...]
Divorce Rates Highest in the South
South Leads Country in Rate of Divorce According to U.S. Census Bureau reports, states in the Deep South tend to have higher rates of divorce than the national average, for both men and women. An official with the Census Bureau attributes the higher divorce rate to two factors: higher marriage rates in the same area, and more marriages involving younger persons. In the northeast, where divorce … [Read more...]
Making Your Divorce Less Difficult for Your Children
Steps You Can Take to Minimize the Impact of a Divorce on Your Children Divorce is hard on kids, no matter what you do. Their sense of stability and security can be greatly reduced. While you wouldn’t do things to intentionally cause them additional suffering, there are some basic things you can do to make life easier for them during and after the transition. Avoid Potential Conflict Whenever … [Read more...]
Can Documents Produced in Mediation Be Used in Litigation?
The Mediation Confidentiality Privilege: How Broad Is It? When you seek to resolve a dispute through mediation, one of the reassurances you will often receive from counsel is that “all mediation communications and documents are privileged.” On its face, this seems to indicate that any documents produced for purposes of the mediation may not be subject to disclosure in subsequent litigation. But … [Read more...]
Important Questions to Ask about Whether You Want the House in a Divorce
Knowing Why You Want the House in a Divorce Though divorce can sometimes feel like war, it’s not supposed to be a competition, with a winner and a loser. Unfortunately, many parties treat it that way, particularly with respect to property. The perception is often that the party who takes home the most property is the winner, and that award customarily goes to the person who keeps the marital … [Read more...]
Managing Your Emotions During a Divorce Proceeding
Keeping Your Emotions from Derailing You during a Divorce Divorce has been called “the living death.” You have many of the consequences you would have had, had your spouse passed away. But they’re not gone. In fact, for many, you have regular contact with them, as you shuttle minor children back and forth between custodial and non-custodial parents. The emotions that you experience during a … [Read more...]
Hidden Assets — Is It Really Possible to Find Them in Divorce?
All too often during a divorce, one of the spouses is not playing it straight when it comes to assets. They stash cash in the hopes of keeping it from their soon-to-be ex. They lie, they cheat and they don’t want their schemes to be revealed. However, there are ways to search for and find hidden assets. First, there is such a thing as a forensic accountant. These are individuals whose … [Read more...]
Fighting Over Custody of Our Dog
Dogs are the animals that people fight over most when going through a divorce. In fact, some 88 percent of custody battles involving pets are over dogs, according to a recent survey of lawyers from the American Academy of Matrimonial Lawyers (AAML). Ruff! Some states allow pet custody disputes, while others do not recognize the legal standing of pets. This means that in those latter states, … [Read more...]
Animal Custody — an Emerging Area of Family Law
People who live with dogs, cats, birds and other nonhumans consider those animals part of the family. They often even consider their animal as their child. So who gets to keep the family pet when a couple divorces, and how do you come to a fair decision on this critical issue? According to a recent American Academy of Matrimonial Lawyers survey, some 27 percent of attorneys have seen the … [Read more...]
Setting Yourself Up For Success After Divorce
It’s been said that how you separate and divorce is how you move into the next phase of your life. So, what’s in the way of your experiencing success in your personal and professional life after your divorce? Many times, a divorce can shake the very foundation of a person’s life. Many people are drained, physically, emotionally and spiritually, after a breakup. You need to rebuild. You need to … [Read more...]