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Gray divorce – one that occurs when the couple is nearing retirement – has been on the rise for a while now. Experts say there are several reasons for the trend, but the main contributor is that, with no job and no children, couples have more time alone together. In that extra time together, many are finding they are not happy or no longer in love, or that maybe they stayed together out of necessity, or for the sake of the children. In this scenario, the decision to divorce is not altogether bad, but there are some drawbacks.
One of the biggest is issues is that, sometimes, parents with adult children forget that divorce still has an impact. In fact, one college counselor recently spoke out about how divorce was impacting students on campus. Adult children with kids of their own can feel the stress of your divorce as well. Learn how you can help them cope, and discover what an experienced attorney can do to assist you through the complex legal process that lies ahead.
While divorce is, at its core, a legal process, one cannot deny its emotional aspects. Infidelity, whether physical or emotional, can heighten those feelings and further complicate the process – but it does not have to. Instead, you can learn to cope with the pain of your betrayal while still acting in a diplomatic way in the legal proceedings of your case. Learn how, and discover what an experienced attorney can do to help in the following sections.
Understanding How Emotion Can Complicate Divorce
The end of a marriage can be immensely painful for all parties, and infidelity often strengthens the blow. Yet, in divorce, emotion can be your worst enemy. Capable of clouding your judgment, it can cause you to become retaliatory, which may drive up your legal fees and court costs. High levels of contention in a divorce may also impact any children that you and your spouse share. As such, it is highly recommended that you attempt to remove as much of the emotion from the legal process of your divorce as humanly possible.
Having to file for bankruptcy can be devastating. And while it is a serious issue, there are several facts that many individuals do not know about bankruptcy as a whole. There are two notable types of bankruptcy: Chapter 7 and Chapter 13. To fully understand bankruptcy, it is very important to understand the differences.
What is Chapter 13 Bankruptcy?
Chapter 13 bankruptcy, also referred to as a “wage earner’s plan,” gives individuals with regular income an opportunity to create a plan to pay off their debts.
How Long Does the Process for Chapter 13 Bankruptcy Last?
Debtors make a repayment plan for the individuals filing for this type of bankruptcy to pay off their debts within three to five years. The debtor’s monthly income exceeds the state median, and then the plan will generally last five years. However, if the debtor’s income is less than the state median, the plan will last three years, unless a longer period "for cause” is approved by the court.
As the holidays come to an end and families move into the New Year, many are considering how they can make positive changes to improve their lives. For some, that may mean finally moving forward with a divorce. Perhaps you have been thinking about it for a while and were hoping things would get better, or maybe you wanted to wait until the stress of the holidays passed. Either way, you can now begin to prepare to move forward with this new phase of your life. Start by using the following tips and then contact an experienced attorney for assistance.
Forgo the Discussion for Now
While you may want to discuss the impending divorce with your spouse, now may not be the time. Spouses can sometimes become retaliatory immediately after learning that a divorce is on the horizon. Others can panic about their financial future, which may cause them to try and hide money from you. Either way, it is often best if you can gather the information you need before you disclose your plans to file for divorce.
While most parents will go to considerable lengths to ensure their child has everything they need, there are those who seem to think of their financial obligations as voluntary. Maybe they simply want to punish the parent who receives support and does not care that it is also harming the child, or perhaps they consider their wants more important. Either way, the failure to pay court-ordered child support can have dire consequences, both for the receiving parent and the child. Thankfully, there are some strategies that you can employ to collect your arrears. Learn more, including how an experienced attorney can assist, with help from the following information.
Garnishments and Property Liens
When an obligated parent has the funds or assets to pay their arrears but refuses to do so, receiving parents can seek a wage garnishment or a lien on any property that the obligor owns. If the parent does not have any wages and is collecting unemployment, the receiving parent may request that child support be withheld from their unemployment benefits. One can also attempt to have the obligor’s tax refund intercepted if they owe arrears. Alternatively, if the parent does not have any real property but has a substantial amount in their retirement benefits, the receiving parent may seek an order to have the funds pulled from the retirement account with a Qualified Domestic Relations Order (QDRO).
In most healthy relationships, parents will work together during a divorce to protect the best interests of their children. They communicate, either with one another directly or through their attorneys, and are sensitive to the feelings and needs of their child when negotiating the details of their parenting plan, especially when it comes to the other parent.
Sadly, this is not the experience that every family has during divorce. Instead, one parent ends up fighting against the other, asserting their parental rights in hopes that they can still preserve the bond they have with their child. These parents are often victims of parental alienation. Why is this problematic, how can you recognize it in your divorce, and what can you do if you suspect that it is happening to you? The following information explains further.
Defining Parental Alienation
Seen most often in high conflict divorces and separations, parental alienation is defined as a set of behaviors that one parent uses to erode the bond that the child has with the other parent. Manipulation and bullying, sometimes at extreme levels, are the most commonly used tactics, and they can have serious, life-long consequences for the child, especially if it is left unaddressed. It can rob a child of the warm and loving relationship they once had with the alienated parent, and it may even increase the child’s odds of a mental or psychological disorder.
Although divorce rates in America have declined over most age groups throughout the last several years, the rate is still high enough to create the perfect conditions for large blended families. Sadly, the risk of divorce is much higher for those in their subsequent marriages. If one does occur, the new family unit could be at risk of a breakdown – and that can be especially damaging to children who have already experienced a divorce. Learn how you can protect your children and stepchildren from the negative effects of a second divorce, and discover how an experienced attorney may be able to help.
The Legal Complexities of Blended Families
While some stepparents legally adopt their stepchildren, this is not always an option. That is because the biological parent retains their rights unless they give them up voluntarily or have had them severed by the courts. In most instances, this is a positive thing. It can increase the chances that the child will have a continued relationship with both of their biological parents, which can reduce their chances of a maladjustment issue after a divorce.
Although most divorces involve two emotionally and mentally stable individuals, narcissism in divorce is becoming a more common issue. In fact, some 8 percent of men and 5 percent of women have full-blown narcissistic personality disorder, and an even higher percentage may exhibit narcissistic behaviors that place them on the spectrum. Learn what it means to divorce a narcissist, discover some tips that can help, and examine how an experienced attorney can mitigate against the potential risks that you may encounter along the way.
Is Your Spouse a Narcissist?
The word narcissist is often used to describe selfish or self-centered people, but true narcissists display certain personality traits. The most noticeable of them (and easiest to detect) are the lack of empathy and accountability. Ever the victim, the narcissist also tends to blame their spouse for the failure of their marriage, even if they did something reprehensible, such as cheating. Sadly, these are the very same issues that can cause complications in a divorce.
Most divorcing parties know that an attorney can benefit them during a divorce, but few understand the role or importance of a financial advisor. Able to examine your financial situation and work closely with you and your attorney, these professionals are known for their ability to plan far into the financial future. Learn how having both a financial advisor and an attorney during your divorce may improve your life, long after the divorce is over.
What Does a Financial Advisor Do?
Financial advisors, such as Certified Public Accountants (CPAs) help individual’s make smarter decisions with their money. That can include large sums of money, but it can also pertain to one’s monthly or annual cash flow. For example, an advisor may notice that you are spending a lot of extra money on various memberships that could be combined to offer the same benefits at a lower price. They can also search for spending patterns that may be hindering your ability to reach or maintain financial stability. A financial advisor may even be able to provide you with the knowledge and tools that you would need to achieve a financial status that goes beyond survival and stability to create a sustainable source of future wealth (i.e. starting an investment portfolio to fund your retirement).
Entering serious financial troubles is a subject that no one wants to discuss. Moreover, having to make the decision to file for bankruptcy can be very embarrassing and frustrating. Yet sometimes filing for bankruptcy is the best option. To file for Chapter 7 bankruptcy, there are qualifications and requirements that must be met, so that the overall process can go as smoothly as possible.
What is Chapter 7 Bankruptcy?
Chapter 7 bankruptcy, also known as “liquidation bankruptcy,” releases most unsecured debt, including credit card debt, medical payments, and personal loans. This type of bankruptcy is the easiest, quickest, and most common, with over 63 percent of all bankruptcy cases filed under Chapter 7 in 2016.
What Are the Requirements for Chapter 7 Bankruptcy?
To qualify for Chapter 7 bankruptcy filing, an individual must pass a test that examines income, expenses, and debt. There is a possibility that the person filing for bankruptcy may need to sell all non-exempt assets. However, a home, car, and work equipment may be retained, as they are exempt assets.
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