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...]
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...]
Protecting Your Grandchild from Your Addicted Adult Child
Every day, grandparents throughout this country are dealing with heartbreaking situations involving their drug-addicted adult sons and daughters and the innocent grandchildren who are suffering as a result. How can you protect a grandchild or grandchildren who are in this difficult situation? No matter what you do, there’s going to be significant upheaval and stress around the actions you are … [Read more...]
Should I Remarry My Ex?
Should ex-spouses ever remarry once they’ve divorced? Says one ex-spouse, “There’s a reason why they’re your ex. Put them where they belong — in the rearview mirror. Move forward and leave the past behind.” On the other hand, it depends on why you divorced in the first place and why you are considering remarrying. If you believe that your spouse has magically changed and that things will … [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...]
Parental Alienation Syndrome
Children are innocents when it comes to divorce. For the most part, children would never choose for their parents to be separated or divorced. Texas family law courts recognize this. Judges make decisions about custody that are in the best interests of any minor children. Unfortunately, custody laws cannot prevent one parent from choosing to alienate or try to destroy the bond that the other … [Read more...]