Posted on February 28, 2017 in Divorce

Over the last couple of decades, divorce rates have declined. Some of this is attributed to the increased rate of cohabitation before (or even in lieu) of marriage. Yet it is also possible that there are other nuclear family changes impacting the rate of divorce. Conscious uncoupling could be just one of those changes. Is it really right for your marriage? The following may be able to help you decide.

What is Conscious Uncoupling?

Divorce is generally considered an emotionally devastating and contentious process. Conscious uncouplers are attempting to redefine that process by making it less combative. Some separate slowly, and may even continue living together for a while after the divorce is complete (also known as bird nesting). Others continue to parent as a family, but live in separate houses. For example, some conscious uncouplers still take family vacations together.

To those that have experienced a violent or turbulent divorce, the concept seems altogether absurd. Yet there are families who are making it work. Most say they are doing it for their children. They want them to feel as though they still have two parents - especially when it comes time to celebrate big and important events. Yet, it is important to note that it takes more than intent to make this type of divorce work.

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 Posted on February 23, 2017 in Hidden Assets

The division of assets in divorce is generally thought of in tangible terms - bank accounts, retirement accounts, and real estate. Yet intellectual property, such as software, copyrights, and trademarks can carry value as well - and they are becoming more and more common in divorces. So how, exactly, do you value these intangible assets? The following explains.

Intellectual Property Often Overlooked in Divorce

Although intellectual property can have significant value, it is often overlooked in the process in divorce. This is due, in part, to its intangibility. However, it is also an issue because the asset is often "hidden" during the divorce proceedings. In some cases, it is out of mere oversight or ignorance. In others, it is an intentional act, used to reduce the payout to a deserving spouse. This can be especially problematic when the disadvantaged spouse is not even aware of what was created by their creative, tech-savvy, or inventive spouse. Reduce the risk by ensuring you have an experienced divorce lawyer on your side.

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 Posted on February 21, 2017 in Divorce

Although some married parents do file their taxes as married but separate, most opt to file their taxes jointly. This is because joint filing tends to offer more tax credits to those with dependents. What happens, though, when a couple divorces? How do they manage tax credits and deductions for dependents? The following explores the answers to these questions. It also offers some divorce strategies that may help to reduce the risk of confusion during tax season.

Benefits of Claiming Dependents on Your Taxes

Being able to claim a dependent on your tax form can offer numerous benefits. This can be especially important when there are medical expenses, child care costs, and other expenses related to rearing your child. Some may also be eligible for Earned Income Credit - a special credit that is offered to parents within a specific tax bracket. Yet, there are still benefits to claiming a dependent, even if you or yours spouse are not eligible for any of the special tax credits. In fact, just having a child as a dependent can change your tax bracket and/or tax responsibility to the Internal Revenue Service (IRS).

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 Posted on February 16, 2017 in Divorce

While some couples do start, own, and run their businesses together, not all join forces in the business world. Instead, some parties choose to go out and develop their own business, or they develop a business with other individuals outside of their marriage. Some even have businesses prior to marriage. These businesses are considered non-marital businesses. Yet being non-marital does not necessarily mean the business is safe from liquidation or division in divorce. Learn more about non-martial businesses and divorce with help from the following.

Non-Marital Businesses and the Marital Estate

Unless explicitly agreed upon in a legal document, such as a premarital or postmarital agreement, non-marital businesses are still presumed to be a part of the marital estate. This applies, even if the spouse is only paying themselves a salary out of their profits and reinvesting the rest back into the business. In some cases, stocks, dividends, profit disbursements, and other business-related assets or income may be included in the marital estate. An experienced divorce lawyer can examine your situation and assist you in determining what parts of a non-marital business may be considered marital assets, and which parts may be excluded.

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 Posted on February 14, 2017 in Child Custody

Every child deserves a healthy and loving relationship with both of their parents. Unfortunately, this does not always happen. In some cases, it is because one parent truly is a danger to the child, but in others, it is a situation brought on because a parent manipulates the child to pit them against the other parent. This latter issue, which is otherwise known as parental alienation, is often called a form of brainwashing by child experts - but is it also a form of abuse? The following explores further.

The Many Colors of Abuse

Abuse is most often thought of in the physical sense, but there are many other forms. One can be sexually abused, emotionally abused, or psychologically abused. Parental alienation - if considered a form of abuse - would be emotional and psychological abuse. This is because parental alienation attacks a child's emotional attachment to a parent, and it alters the way the child thinks and feels about their parent.

So is it Abuse?

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 Posted on February 09, 2017 in Divorce

Divorce is a highly complex legal process with numerous financial pitfalls. Some are minor in nature and may cost you little. Others could potentially lead to a significant depletion of your financial resources. Thankfully, there are ways you can mitigate the risks. The following information covers some of the most common financial mistakes made during divorce, and provides some tips on how you can potentially avoid them.

Failing Get All Financial Documents in Print

In today's day and age, most people use online banking, digital debt statements, and email notifications for important accounts. In fact, society has become so reliant on their digital access that few consider they might lose it while going through divorce. Unfortunately, this can and does happen far more frequently than most realize. Your spouse might change the password to your bank account, or they might lock you out of the family computer. So whatever you do, never rely on just digital copies of financial documents. Print them out instead.

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 Posted on February 07, 2017 in Divorce

Though money is one of the most common causes of divorce, it is not an issue that ends because of divorce. In fact, many couples find that their financial woes are just starting. To make matters worse, they must somehow find the time to manage the legal and financial aspects of their divorce while also coping with the emotional stress. It is no wonder so many find themselves overwhelmed! Combat this problem with help from the following information on the most common and complex divorce-related money issues.

Asset Division

Regardless of whether you have a little, or a lot, division of assets can be highly complex. This is because what was once intertwined must now be unraveled. Businesses, which may have been invested in by both spouses, must be valued and divided. Homes, vacation property, investment properties, and other real estate must be valued. Some may even have to be liquidated to ensure adequate division of their value. Then there are retirement and pension accounts, bank accounts, artwork, furniture, family heirlooms, and other possessions.

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 Posted on February 02, 2017 in Family Law

When parents divorce, they often wonder how their children will adjust, particularly when it comes to transitioning from living in one home to two. Thankfully, researchers have spent the last several years studying how divorce impacts children, and most find that children adjust best when they have a continued loving relationship with both parents. In fact, a recent study that found children could benefit from an overnight with dad at any age.

Toddlers and Infants Often the Greatest Concern

When still adjusting to the two-home living situation, it is not uncommon for a child to miss one parent while they are at the home of the other. Yet it is younger children - namely toddlers and infants - that parents become most concerned about. Many worry that the young child will struggle too much with switching homes, or that the mother-infant bond will somehow be damaged. The recent study found neither of these to be true, even in situations where the children were extremely young.

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 Posted on January 31, 2017 in Divorce

In divorce, nearly anything you say or do can be used against you. This rule also applies to your social media account. Unfortunately, far too many divorcees do not understand this and end up jeopardizing their case. Avoid making this same mistake by learning how to safely navigate social media during divorce.

No Engagement Means No Evidence

The most effective way to avoid any mining of your social media account is to simply not use it. Do not share photos. Do not post status updates or tweet. Instead, go completely "dark." Archaic as it might seem, and difficult as it might be to consider, it is literally the only way to ensure you do not unintentionally hand your spouse (and their attorney) easy evidence to use against you in court.

If You Must Post - Do So Carefully

Not everyone can stay offline. Some must use social media for their business. Others just cannot find a way to tear themselves away. In such situations, it is critical to ensure you carefully consider every single post. Assume that the worst will be said about everything you share. For example, sharing a photo of you and some friends having a glass of wine at dinner could be turned into accusations over your "heavy drinking" and how you expose your children to "dangerous situations." When in doubt, leave it out of your feed.

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 Posted on January 26, 2017 in Family Law

Most parents want to spend time with their children, even after divorce or separation. This may apply, even if the other parent seems unreliable or uninterested in the child's welfare. Unfortunately, dealing with such a parent can be a stressful situation for both you and your child. Further, any failure on your part to adhere to the parenting plan, or to make an effort to include the other parent, can land you in legal trouble. Protect your child's emotional well-being and your personal welfare when dealing with an unreliable co-parent by using the following co-parenting tips.

Keep the Other Parent Informed

Regardless of whether or not they seem interested in the things happening in your child's day-to-day life, it is important that you keep the unreliable parent informed. This is especially important if something major comes up, such as a move or health condition. Doing so protects you from potential legal consequences, which the unreliable parent may push for if they feel you have somehow slighted them. Unfair as it seems, they do have the right to do so, and they have the right to stay informed about your child (unless their parental rights have been terminated).

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