Recent Blog Posts
New Study Suggests Wealthy Children Are More Affected by Divorce
Posted on September 19, 2014 in Divorce
While everyone acknowledges that divorce can be difficult on children, new research reveals that a family's income level may play a role in just how much children are affected by divorce. A new study by researchers at Georgetown University and the University of Chicago, and being published in the journal Child Development, posits that young children of wealthy families may be more adversely affected by their parents' divorce than similarly situated children of less well-off parents. The study's authors did not focus on the causes of the difference, but they did put forward several theories.
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Senior Citizens and Cohabitation Agreements
Posted on September 15, 2014 in Cohabitation
When people discuss cohabitation, they often focus on young couples who have moved in together as a step before marriage or similar couples who think marriage is unnecessary. However, there is a new demographic now entering into cohabiting relationships with more and more frequency: senior citizens. In fact, according to U.S. Census data reported by The Washington Times, the number of cohabiting seniors has nearly doubled from 2000 to 2008, rising from 1.2 million to 2.2 million.
There are a variety of reasons that seniors choose to live together without opting to enter into a formal marriage. Some seniors who have already lost spouses do not want to replace them, but are still looking for companionship. Cohabitation strikes a balance between those two factors. Other seniors simply do not see the need to formalize their new relationships so late in life. Formal marriages between seniors can also cause problems with social security, pensions, estate planning, and debts from medical care. Still, there is a way for seniors who are living together to legally organize their affairs and their relationship without dealing with a full marriage. These seniors can enter into cohabitation agreements.
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Business Owners and Divorce
Posted on September 12, 2014 in Divorce
Divorce is a stressful and emotionally trying time for any couple, but it can have added layers of complexity if one or both of the spouses owns a business. If spouses are not aware of these extra wrinkles heading into the process, then they can make for an unfortunate surprise when going through divorce. A recent case involving the divorce of an Oklahoma oil and gas magnate highlights some of these issues.
First, there is the issue of valuing a company for the purposes of division. This will require experts to come in and testify as to the company's worth, and may require expensive financial analysis. The second major issue that business owners face is the loss of control of their company in a divorce. If they are forced to cede equity to their former spouse, or if they are forced to sell their equity interests because they need the cash, they may find themselves without a controlling stake in the company.
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Military Divorce: Child Custody during Deployment
Posted on September 09, 2014 in Child Custody
Service members in the U.S. military often experience extra strain on their marriages due to the stress of military life, especially during long deployments. Research by the RAND Corporation reveals that the military divorce rate exceeds the civilian divorce rate, and the risk rises higher with each successive deployment. However, a recent child custody case in Washington state revealed that the issues with divorce and deployments do not end once the divorce decree is finalized. A naval service member was issued a warrant for his arrest when he failed to show up for a custody hearing that his ex-wife had scheduled while he was deployed.
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Keeping Down the Hidden Costs of Divorce
Posted on September 06, 2014 in Finances and Divorce
Many people who want to lower their divorce costs end up focusing on their legal fees. While this is a good strategy, and efficient use of attorney time can definitely result in a cheaper divorce, people often miss out on other parts of the divorce process that they can use to control costs. A study by the British insurance agency Aviva found that many people end up spending extra money on luxury items and other lifestyle costs as a result of going through a divorce. Paying careful attention to these sorts of line items on a household budget can often be another way that people going through a separation can save money.
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How to Be the Best Divorce Client
Posted on September 02, 2014 in Divorce
A legal proceeding like divorce is a team effort. It requires lawyers, paralegals, clerks, and legal secretaries to work together to all help reach the best outcome, and one of the key members of the legal team is the client themselves. Naturally, this can be a bit of a difficult adjustment for the client, since data from the United States Census indicates that the overwhelming majority of people going through divorce have never done it before.
Fortunately, this post highlights a few strategies that people can use to be more effective divorce clients like staying organized, taking an active role in the process, and keeping a level head. Divorce clients using these strategies can streamline and speed up the divorce process, which often means keeping their legal fees lower.
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The Importance of Qualified Legal Counsel
Posted on August 29, 2014 in Divorce
A recent spate of cases involving courts citing businesses for the unlicensed practice of law highlights the importance of using a licensed attorney during the divorce process. A recent case on this issue comes from the Ohio Supreme Court, but it is a problem that can occur just as easily in any other state.
State governments closely monitor the people who practice law to ensure that they have the training to competently represent others in court. Those who are not properly licensed and trained can end up making mistakes that cost their clients. That is exactly what happened in the Ohio case that ended up with the company making a mistake that left their client's divorce papers useless. Consequently, it is important for discerning people seeking a divorce to ensure that they use a properly licensed attorney if they want counsel during the process.
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Starting the School Year after a Divorce
Posted on August 26, 2014 in Divorce
According to divorce attorneys, the end of summer is a common time to start thinking about filing for a divorce. However, summer’s end is also a time for parents who have recently finalized a divorce to think about how it affects their children going off to school. Many parents choose to go through the meat of the divorce process during the summer, so that kids have time to adjust without also needing to deal with schoolwork. However, now that they are returning to their normal routine, parents need to be aware of what information the school needs, and they need to watch out for signs that their children may not be adjusting well now that they are back in school.
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Health Problems Associated with Divorce
Posted on August 23, 2014 in Divorce
Divorce can be a difficult process that affects many different parts of a person's life. The added stress can manifest itself in a variety of ways, such as adverse health effects if people going through a divorce are not careful. One study from the University of Arizona found that people in the midst of a divorce are prone to poor sleep, which may cause high blood pressure. Other experts have also noted other possible health issues, largely stemming from people's failure to take care of their bodies during the stressful event. This means that divorcing spouses need to be extra careful to maintain their healthy eating habits and ensure that they get regular exercise.
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New Bill Punishes Revenge Porn Cyberbullying
Posted on August 19, 2014 in Divorce
Illinois is in the middle of passing a new law that would criminalize a recent Internet trend. Senate Bill 2694 punishes people for “posting private material,” which in this case means the posting of sexually explicit photos or videos online without the person’s consent. The goal of this bill is to halt the use of “revenge porn,” a cyberbullying tactic where people post private pictures of their exes after a divorce or breakup as a means of getting revenge. If the bill passes into law, Illinois would join many other states, including California, Wisconsin, and Utah, in legislating against these sorts of invasions of privacy following the end of a relationship.
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