Businesses in Divorce - Statistics from the National Federation of Independent Business state that one million businesses are co-owned and managed by married couples. Many married couples decide to run a business together, each performing those tasks that are most closely aligned with their individual skill set...
Post-Divorce Dating - While much has been written about dating and re-partnering after divorce, there is scant research on the specifics of dating and the impact on the children. Research suggests 80% of parents are dating in some form within one year of filing for divorce...
Common Mistakes People Make During a Divorce - Controversy has become synonymous with social media. Not only do ordinary people lose their jobs or reputations off what is posted online- your divorce proceedings could be affected as well. Taking pictures of you and your friends after a night of partying is definitely not going to enforce the idea that you are a responsible parent...
High-Conflict Divorce and Your Children - Are your worried about how your divorce will affect your children? Are you already divorced but still fighting with your ex-spouse? Studies have repeatedly shown that divorce in itself does not negatively affect your children, but high conflict divorce can be bad for your child...
Does Cohabitation Before Marriage Increase the Chances of Divorce? - Some people believe that cohabitating before marriage decreases the risk of divorce for a couple. Others believe that cohabitation can doom a marriage before it even begins. The logic behind the theory that cohabitation strengthens future marriages is that when a woman and a man live together before marriage they have an opportunity to live together and test the relationship before making a commitment to marriage...
The Impact of Divorce on Children - One of the most common (incorrect) thoughts about children from divorced homes is in regards to the children’s future marital success. It has often been the consensus that children of divorced parents are likely to have healthy, long-lasting marriages because they "learned what not to do" from their parents...
The Effects of Divorce on Children - Just how much do failing marriages and the divorce process affect the children who are involved? Having an understanding of how divorce impacts children is important for their wellbeing, but evidently, there are many parents who focus on the wrong issues...
Present Your Best Case to Avoid Litigating Your Divorce - You’ve been thinking about asking for a divorce, but have feared how your spouse will react. You know that you haven’t paid attention to your relationship, and have emotionally and/or physically strayed from the marriage. You have both assessed the damage to the relationship, and perhaps have even tried counseling to repair it. Unfortunately, you feel that full extent of the damage is simply too great to repair...
How to Talk to Your Teen About Divorce - Even though teenagers are more emotionally developed than children, don’t make the common mistake of assuming that your teen’s heightened maturity levels will help him cope with your divorce more easily...
Sesame Street says, "D is for Divorce." - Through a new initiative called, "Little Children, Big Challenges: Divorce", Sesame Street helps children ages 2 - 8 understand divorce through video, song, coloring book and so much more. The initiative also provides parents, extended family members, and friends tools and tips on coping with divorce or separation...
How to Prepare for the Divorce - If you think that your marriage may be heading for divorce, there are some things that you could do to prepare yourself for the legal and financial divorce. Remember, however, that there are other kinds of divorce that may be more difficult than that of dissolving an economic partnership – the religious divorce, the physical divorce, and the emotional divorce (dealt with elsewhere)...
How Do You Know if You’re Ready for Divorce? - Perhaps one of the most difficult and life-changing questions one can ask themselves – and certainly not one that has any simple answers – is “how do you know if you’re ready for divorce?”...
Maintaining an Active Tempo in Your Divorce - If you want to control the tempo of your divorce, you must be proactive in the divorce process. And in order to be proactive, you must first understand the realities of the divorce process...
Avoiding Costly Mistakes in Your Divorce - So many couples stay married longer than they should because they fear that they can't afford a divorce. They fear they can't afford to hire a lawyer. They fear they can't afford to maintain a separate household. They fear the unknown
The One Asset You Must Protect During Divorce - After all, most married couples accumulate a number of worthwhile assets over the course of marriage such as houses, cars, bank accounts, retirement accounts, businesses, etc. and so when it comes to selecting just one of those assets to protect and fight for in a divorce, the choice seems impossible
Military Divorce Issues To Consider - Just like their civilian counterparts, service members and military officers also face matters related to family law. However, a military member getting divorced must also deal with complex issues such as pension, retirement, child relocation and the like
Divorcing Baby Boomers - The media is endlessly fascinated by the divorces of couples with long-term marriages. From Maria Shiver and Arnold Schwarzenegger and Al and Tipper Gore, the celebrity divorced set
The "Good Divorce" is Not an Oxymoron - The United States has the highest rate of divorce in the industrialized world. It is estimated that 25% of the adults in this country between the ages of 18 and 44 are the products of divorced households
3 Reasons to Make Some New Friends After Divorce - If you are having a hard time with your divorce, you should focus on finding some friends to help you through it. Even if your current group of friends is supportive, it is a good idea to seek out new relationships as you go through this ordeal
3 Tips for Dating After Divorce - It can be tempting to start dating again soon after divorce, especially if you are not used to being alone. But you should follow some guidelines for dating after divorce. Otherwise, you may find yourself not only heartbroken again, but also facing consequences in court
Mistakes Made in Divorce Cases Can Be Costly - The process of going through a divorce is difficult for everyone involved. Proceedings can be lengthy, personal lives tend to be exposed, and degrees of anger, regret and emotional pain often come with the territory
What is a Dissolution? - There are several legal ways to terminate a marriage, including divorce, uncontested, annulment, and dissolution. An uncontested divorce typically occurs when one party cannot be found, is incarcerated, or will simply not respond to communication efforts by the other party of his lawyer
Senior Divorce Is More Common Than Ever - Divorce among the elderly has become more rampant in recent years. In fact, according to a 2010 study in South Korea, the divorce rate among people over 50 years old in that country is now higher than the rate of younger people. There are various reasons for this trend, just as there are several reasons for each individual divorce
Facebook Is Involved in More Than One Third of Divorces - You may be aware of the impact Facebook can have during divorce, as you are advised not to post your personal information online during that time. However, recent studies have shown that Facebook can actually lead to divorce
Dissolution of Marriage Considerations - The dissolution of marriage (also known as divorce) represents the legal termination of the contractual bond of matrimony between two parties by a court of law in their respective state of residence...
Dealing with Conflict During Your Divorce - Dealing with conflict is never easy especially when it comes to dealing with conflict related to your divorce. Below you will find a few strategies for dealing with conflict during your divorce...
Cancellation of a Settlement Agreement - Settlement agreements should be entered into freely, voluntarily, and only after full disclosure of all pertinent facts. The agreement itself will most likely contain representations that full disclosure was made...
Enforcement of a Settlement Agreement - Most divorce cases do not end with a trial by the judge, but by agreement. The agreement establishes the rights and obligations of the parties...
4 Divorce Fables & Facts - Believing these fables can undermine your divorce. Secure your future and your children's future. Don't just get a divorce. Get a smart divorce...
Do You Need a Religious Divorce? - Most of the divorcing couples who come to me for assistance have had a religious marriage ceremony. These couples sometimes have a question along the lines of one posed to me recently by an immigration attorney on behalf of his client...
Unbundled Services or Limited Scope Representation - During the tough economic climate of the last couple of years, people's needs for legal services have increased tremendously. Unfortunately, their ability to pay for lawyers has drastically diminished...
What is a Guardian Ad Litem? - Guardians are appointed by the Court upon the request of either party to represent the best interest of the children. In a court of law, Guardian Ad Litem literally means, "guardian for the suit."...
Understanding Divorce Arbitration - Arbitration is the most efficient and effective way for parties to resolve stalemates in divorce negotiations. Even parties using Collaborative Divorce or Divorce Mediation sometimes reach a stalemate-an impasse that cannot be resolved...
The Three Approaches to Divorce - There are three approaches to divorce - Adversarial, Collaborative, and Mediation. They share the same objectives: obtaining a Massachusetts divorce and getting resolution on issues surrounding children, property, and finances. While all three end in divorce, none use the same method to reach resolution on key issues...
Litigation: The Traditional Process for Divorce - Litigation is a process where one or both parties ("litigants") file a court complaint to give a judge the authority to resolve family disputes. The Judge is either appointed by the Governor or an elected official who, after hearing each point of view, makes a decision...
50 Little-Known Secrets to Saving a Bundle on your Family Law or Divorce Case - Going through a family law case is agonizing emotionally, taxing financially, complicated, confusing, and expensive, regardless of whether you and your spouse are getting along or at each other's throats, whether you have an attorney (or attorneys) or not, how much education you have, or how much money or how many children you have...
Important Information for People Contemplating Divorce - First, no matter how done you are with your marriage, or how hurt you are that your spouse does not wish to be married to you anymore (evidenced by either actions or words), take a deep breath and pay close attention...
Don't File Your Divorce as An Airhead - Do you know how much your mortgage payment is each month? Do you know what bank holds your mortgage? Is your husband's life insurance policy current and up to date? Who are the beneficiaries named on your husband's life insurance policies?...
Dating While Divorcing - "Is it okay if I go out on a date?" asked my client, "John". He had filed for divorce and taken his own apartment. After fighting with my wife for two years, "I'd like be to be with someone who is glad to have me around...
Should You Share the Same Home While Getting a Divorce? - "Should I move out?" I hear this often from those contemplating divorce. Typically, it's the husband asking and he is initiating the divorce. He is worried about giving up his interest in the house, and the right to return...
Can I Afford to Get a Divorce? - The divorce rate right now is the lowest it's been since the early 1970s. At least one reason for the decline, according to some experts, is the nation's poor economy. More and more people are asking themselves - can I really afford a divorce right now...
Planning Considerations of Divorcing Couples - While divorce is certainly a time of emotional turmoil, it's a time of financial upheaval as well. The financial change brought about by divorce can be particularly devastating to families with children and to older couples who have assigned the career duties to one spouse and the homemaking duties to the other...
10 Things You Need To Do If Divorce Is Imminent - As you realize that a divorce is imminent, you will undoubtedly spend lots of time researching, collecting documents, interviewing attorneys, etc. Even though these activities take up much of your time, you must remember to put your children first...
A Common Sense Approach - A case could be lost because of the arrogance of a client. A single statement that appeared false would destroy a client's credibility and taint their entire testimony. A spouse who testified as confident and reasonable in court would wipe away all the months of outrageous behavior they displayed throughout the divorce...
The Stages of a Divorce Process - Probably one of life's most difficult decisions is whether to end a marriage. Many people are uncertain as to whether they ultimately will pursue a divorce, but nonetheless, want to understand the process for obtaining one...
Deciding to Divorce - The most intense, heart-wrenching decision comes at the start: Should you get divorced? Much has led up to this question, including the notions of separation and divorce...
What Every Woman Needs to Know About Divorce - Are you considering divorce? I'm talking about quiet, sober consideration of a question, not the thoughts that flare up from the heated emotions that come right after an argument...
Divorce Litigation and How to Avoid It - Caught up in the battles, in and out of the courtroom, between the team of husband and his attorney verses the team of wife and her attorney, both spouses can start to behave in a way that is seen as scheming, unreasonable, selfish, or worse...
Negotiations With Your Spouse - If you can work out a satisfactory settlement with your spouse you will have a victory. Even if you win at trial, there is a significant cost in money and emotion. In trying to work something out with your spouse, the following are some useful pointers to remember...
What Should I Do or Avoid? - Going through a divorce is a very difficult odeal. Its a time to have a good lawyer, counselor, and supporting friends. Its a time to avoid as many unecessary life changing decisions as possible although many will have to be made...
What to Expect from Divorce - If you are currently facing a divorce, you are probably wondering what to expect from the divorce process. Just as no two marriages are alike, however, no two divorces are alike or have the exact same outcome either. Predictability and divorce do not go together. Still, an experienced family law attorney will be able to give you some idea of what to expect before, during and after your divorce...
Quiz for the Spouse...Find the Answers Before Asking for a Divorce - Your birth certificate? Your spouse's birth certificate? Birth certificates for each child? Your marriage license or certificate? Divorce decrees or death certificates regarding any prior marriage? Records showing title to the family real estate and the cost basis adjusted for improvements and depreciation...
The Do's and Don'ts of Divorce - DON'T lie to your children with stories like "Dad is visiting relatives". Children know if you are trying to hide something, even if the purpose is honorable. DO talk to your children. Give them simple and straight-forward answers without vilifying or blaming the other parent...
Planning for Divorce - Nobody marries with the expectation of failure. Married couples never contemplate that the person they once loved could later seem to be a stranger and perhaps even an enemy. Yet, statistics paint an ugly picture. Approximately four out of 10 marriages today end in divorce...
Getting Divorced? You Have Options - Couples often find the preliminary stages of the divorce process overwhelming because of the many issues they need to consider. Among these are questions about support, asset division, and children. Reaching agreement on these issues is almost never easy, and couples are often besieged with advice from well meaning friends and family, and articles such as this...
Is It Time to See A Lawyer? - A good family law attorney can discuss the different legal options you have when you face a domestic dispute. Is divorce the answer? Is there an alternative? How should I protect myself during reconciliation attempts? A family law attorney can give you information as to your options, even if you're not sure about divorce...
The Matrimonial Action: An Introductory Tour - When the parties cannot agree to settle their marital dispute, the next step is for the court to resolve the issues. This is known as a contested action. Each case necessarily differs on its facts but the following outline illustrates the process...
How to Tell Your Children About Your Divorce - The worst thing to do is to do nothing. It is a time of great emotions for you which may include hurt, pain, humiliation, confusion, and a host of other emotions. Yet it is a time when you must deal with the emotions of your child(ren)...
The ABC's of Divorce - When a client enters a divorce lawyer's office for the first time, the client's natural tendency is to ask about what he or she wants to know. The client should, instead, first learn what the client needs to know. Remember: divorce is usually backwards...
What Makes Divorces Go Bad - If you are reading this article, you have probably decided that you are moving in the direction of getting divorced. Maybe the decision is yours, maybe it is your spouse's, or maybe your reached the decision mutually...
What You Need to Know About Divorce Law - People approaching divorce are often surprised by the deficiency of clear rules. People ask their lawyers, '' How much alimony do I have to pay?'' ''How much child support will I owe'' How long I will have to pay '' " How much of my pension does she get..."
Seven Myths of Divorce - There are many stereotypes about divorce that receive a lot of attention in the media but can be quite harmful to both women and men. Here are some of them, contrasted with what recent sociological and psychological studies tell us...
Separation Means True Separation - Question: I'm currently living with my wife while I look for another place to live. (We plan ultimately to divorce.) I understand that there needs to be a period of separation before the courts grant a divorce. Is there a legal definition of "separation"which I should be aware of...
Civilized Divorce - Few divorcing couples realize that there is a wide range of options to choose among for getting the necessary professional help in a divorce. At one end of the spectrum are those couples who can do it all themselves ("in propria persona," in legal terms)...
Separation Agreement FAQs - A separation agreement is a contract between a husband and a wife. It generally resolves all issues relating to child custody, child support, division of property, and alimony. A separation agreement must be in writing, signed by both parties, and notarized...
FAQs About Dissolution of Marriage - A dissolution of marriage is a non-adversarial, "no-fault," legal proceeding to terminate a marriage. The parties file a joint petition with the court, requesting that the court review and approve the agreement that they have entered into, which agreement has resolved all relevant issues such as division of property, allocation of marital debt, allocation of parental rights and responsibilities, etc., and that the court terminate their marriage. All of the issues must be resolved or the dissolution procedure cannot be used...
A Primer for Divorce - Talking it out: Try and sit down with your spouse to discuss your marital problems. Even if they raise their voice, don't succumb to the urge of screaming back. Keep control of the situation...
The Process of Divorce - The process begins by an attorney for one party writing a letter of introduction to the other spouse advising them that they have been retained to commence divorce proceedings and suggesting and asking for the name of that spouse's counsel. Too many participants ignore that letter which then requires the plaintiff, the moving party, to serve a Summons and Complaint via the Sheriff's office upon the other spouse...
Divorce or Separation- the Big? - Many persons ask their therapist or divorce attorney whether they should divorce now or separate and divorce later. From a legal perspective it is usually best to commence divorce proceedings rather than separate. If the marriage is irretrievably broken a separation postpones the inevitable. A separation, by its nature cannot compel an unwilling spouse to provide financial information, divide assets, allocate debts or pay support...
Stark Legacy of Pain for Kids of Divorce - Drugs, alcohol, fear of intimacy plague children whose parents break up Childhoods spent in resigned solitude, adolescence roiled by drug and alcohol abuse, adulthood compromised --this is the stark legacy for children of divorce, says a landmark study by an acclaimed Marin County researcher...