Six Financial Dos and Don’ts When It Comes to Divorce

Nobody said the divorce process was easy—but know life after divorce is possible. During a divorce, you’ll be faced with several important decisions that will ultimately affect your life both short- and long-term. Keeping your financial security in mind will make all the difference.

Do: Know your standard of living will change—make a realistic budget to adapt.
While you’re used to having two incomes, it’s not impossible to live on one. Know that your standard of living will likely be changed and, ultimately, be negatively impacted after divorce. Proper planning is key! Working with a budget or financial planner specializing in divorce will help you determine your best options for closing the standard of living gap.

Don’t: Assume the parent with more custodial time should keep the family home.
Deciding who gets to keep the family home can be an extremely difficult and emotionally draining process—especially when there are children involved. Keeping a small slice of your life together—a sense of normalcy—might seem like the best decision at the time, but it might not always be financially sound. It’s important to be realistic and know what you can and cannot afford.

Do: Close all joint back accounts before finalizing your divorce.
Nobody wants to unnecessarily share debt. By closing all bank accounts before the divorce is finalized, you’ll be better off protecting your assets in the long run. Yes, you’ll still have to pay off anything left in joint accounts, but the sooner you close these accounts and begin opening separate ones, the sooner you’ll begin building credit on your own.

Don’t: Decide financial issues one at a time.
Are you thinking about taxes? Capital gains? Investment losses? Timing issues? Inflation? This is extremely important. By looking at each asset or source of income separately, you may overlook one or all of these important factors that will eventually come into play. Look at a comprehensive picture of your finances to arrive at a fair settlement—this will help you better understand how each and every financial decision you make affects another decision.

Do: Consider your long-term financial stability.
Don’t only focus on immediate tasks! Yes, splitting assets and getting child support might be in the forefront of your mind, but consider your financial future years from now. Again, working with a financial planner can help you review any proposed settlement agreements before signing. This will help you consider long-term financial consequences.

Don’t: Assume equal division of property is fair.
Did you know: assets that generate income may be worth more than their market value? Just because you come to an agreement that both you and your spouse will receive property worth equal monetary value doesn’t necessarily mean that you’ll be receiving a true share of the assets over time. Pay attention to details!

ABOUT THE AUTHOR: Coleman Law Group

For more information, please visit our website

Is Prosecution Always the Best Way to Stop Domestic Violence?

Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.

How bad is the problem? A quarter of all women in America will have to deal with domestic violence at some point in their life. That’s an amazingly high number, but it’s even scarier when you consider the fact that many people keep quiet about it. This is especially true for men, who are often too embarrassed to come forward due to the perceived stigma.

Partially due to the enormity of the problem, when an act of domestic violence is reported, the immediate reaction tends to be to assume the person accused is guilty and throw the proverbial book at them. This attitude is encouraged by an audience-seeking news media that sensationalizes stories such as the tragic death of Adrian Peterson’s son or Colorado Avalanche goalie Seymon Varlamov turning himself in to police after being charged. In some ways, this publicity is good, because it does bring attention to a very real and very serious matter. However, getting people to focus solely on prosecuting abusers may not solve the root of the problem.

Prosecuting a Case Doesn’t Necessarily Make Victims Safer

In a recent NPR story, two experts on domestic violence spoke at length about both the strides that our country has made as a whole and everything that we need to do to continue to improve. Citing the fact that many victims don’t want to press criminal charges against their abusers, they argue that relying on a system focused mainly on prosecuting people doesn’t always improve the situation.

This is sometimes even true when offenders are found guilty and face punishment. It is not uncommon for victims to return to their abusers after they are released from jail, and if neither person has changed their attitudes they can easily revert to old patterns of behavior.

Domestic Violence Offenders Need Help to Change

If we really want to end abuse and help victims, we need to “help” offenders too. When people abuse their loved ones, much of the time it stems from their cultural and social beliefs, upbringing, or psychological issues. Punishing someone for engaging in domestic violence may act as a deterrent, but that only works when the abuser thinks they’re going to get caught, and far too many of them are not. Some even continue battering their loved ones after being prosecuted, a fact proven by incredibly high recidivism rates.

In addition to prosecution, we need more methods of educating and counseling those who have been accused of domestic violence. There should also be a focus on breaking down cultural mores that allow people to turn a blind eye to abuse or worse, encourage it as some sort of disciplinary action. It has to go beyond those who are already engaging in abuse, too, because, by that point,the behaviors and belief system may have become so engrained that it’s harder to change.

Where do we start? With our cultural cornerstones. Domestic violence education should be something that kids are required to participate in at school. This way, they can learn what’s acceptable at an early age and know how to spot abuse when they see it. Additionally, outreach should be made to traditional social support groups such as churches and family-focused organizations, many of which already offer their own counseling services or anger management training. And we need to solicit the support of qualified therapists as well, because some people have deeper issues that need to be resolved to keep them from taking their feelings out on loved ones.

The point of all of this is that prosecuting domestic violence offenders alone won’t end the problem. Do that and we’re only treating the symptoms. In order to stop abuse, we have to dig down to the roots of the disease – the attitudes that lead to domestic violence.

Source from The Law Office of Kimberly Diego

For more information, please visit our website.

Parents do not share equal parental responsibility for the child

Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.

Custody/ Parental Responsibility

Briefly explain the legal position in relation to custody/ parental responsibility following the breakdown of a relationship or marriage.

Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.

As set out in Article 143 and 144 of the Personal Status Law, a custodian must:

i. Be rational
ii. Be mature enough and have attained the age of puberty
iii. Be honest
iv. Be able to bring up and take care of a child
v. Be free from infectious disease
vi. Not have been sentenced to a crime of ‘honour’
vii. If the custodian is the mother, she must

a) Not re-marry unless the court decides it is in the best interests of the child
b) Be the same religion as the child

viii) If the custodian is the father, he must:

a. Have a suitable woman living within his home to care for the child (such as a female relative)
b. Be the same religion as the child

As set out at Article 146 Personal Status Law, the mother will have custody of young children. Unless the court orders otherwise, custody will move from the mother to the father once the children reach the age of approximately ten and a half for a boy, and twelve and a half for a girl. The court is able to move custody to father and other maternal/ paternal family members, if it is determined that the mother does not meet the criteria for a custodian as set out above. Nevertheless, when determining such matters the court will consider the welfare of the child as the primary concern, and make a decision based on the child’s best interests in each particular case.

Guardianship involves supervising, protecting, educating and preparing a child for life, and agreeing to the child being married when necessary. It will often mean making the decisions regarding a child’s schooling or medical treatment. It also involves guiding the child in terms of morals, education and religion.

Guardianship will be removed if the guardian committed rape, disgracing conduct or prostitution or led the child in such ways, or if the guardian was sentenced to punishment for a felony crime or misdemeanor that affected the ‘soul’ of the child. Guardianship can be permanently or temporarily removed if the guardian was sentenced to imprisonment, or if he subjected the child to excessive danger. When investigating such cases, the court may temporarily decide to hand over guardianship of a child to a specialized social organization.

Briefly explain the legal position in relation to access/ contact/ visitation following the breakdown of a relationship or marriage.

Contact with a child post divorce is called ‘visitation’. The guardian is entitled to visit the child regularly. The custodian may not move the child permanently to another country if it would prevent the guardian from exercising contact with the child. A guardian (usually the father) may make an application to court for an order to allow him to exercise his right to visit the child. Usually such contact would take place for an afternoon each weekend, and for an additional time during school holidays. Staying contact would only be permitted where the child is over the age of 2.

Source from HG.org

For more information, please visit our website

Estate Planning: Important Questions

Estate planning something most people don’t like to think about, but it is a fact of life that eventually your estate will have to be settled. Without a plan your spouse and descendants may not be protected. Don’t wait until you are older, the sooner the better when it comes to estate planning. If you are newly married this is the perfect time to start planning for the future. Use these 10 questions as starting points for you and your new spouse to talk about the future and how to protect your estate and their interests.

Do you have a health care directive?

With today’s medical advances it is possible to sustain life well past the point of any hope of recovery. It is imperative that you and your spouse have health care directives so that your wishes will be carried out. This also relieves your spouse of making very hard decisions at a very stressful time.

Do you have powers of attorney?

You or your spouse may have designated another party, probably a family member, with the option to have power of attorney in case you become ill or unable to handle your own affairs. You may want to consider changing power of attorney to each other after you are married. In most states a spouse does not need power of attorney, so it is important to check with a lawyer about your state’s laws and statutes.

Do you have wills?

Once you are married you will probably want to change any existing wills. While it is true without a will your spouse stands to inherit your estate, a will protects them from disputes from any family members that may feel entitled to your estate after your death.

Do you have trusts and if so how are they funded?

After your death is your spouses entitled to a trust set up for you? Have a lawyer review the trust and set up survivor benefits for you and your spouse.

When have you had the above documents reviewed?

Life changes and you need to review the above documents after a significant life change such as marriage or the birth of a child. Have your documents periodically reviewed by an attorney to make sure your estate is set up according to your current situation.

Where are your legal documents?

It will do your spouse or children no good to have your estate planned out if they can’t find the proper documentation. Your spouse and your children should know exactly where you store your will and other legal documents.

Do you have life insurance, retirement plans, and annuities? How about long term care?

Your spouse and children also need to know about any insurance policies, retirement plans, annuities, and if you have a long term care policy. They also need to know where the supporting documents are stored.

If you have life insurance and retirement plans what are the survivor clauses?

Does your retirement plan let you leave any provision for your spouse and surviving dependents? How is the beneficiary of your life insurance, and who receives the benefits if your spouse dies before you do? These may be hard questions to ask and discus, but they are important for the future security of your family and loved ones.

Do you and your spouse know the primary and contingent beneficiaries of each other’s investments?

If you have investments do each of you know how stands to inherit them after your death? You and your spouse should know each other’s primary and contingent beneficiaries.

Where are the log-in and passwords stored for your online accounts?

It may seem counterproductive to write down the log-in information for your online accounts, but after your death your spouse or children may need to access these accounts and if you don’t have them written down any money or investments you have online may be locked and it may cost substantial legal fees and a significant amount of time to release them.

No one likes to think about dying. But if you have a frank conversation with your spouse and plan your estates together, when the time eventually comes it will be easier for the surviving spouse to take care of business. Estate planning takes time, and should be done with the consul of a lawyer specializing in estate planning. Don’t leave your family’s future to chance, plan for the future today.

When to Get a Prenuptial Agreement?

A prenuptial agreement is a legal contract signed by both parties prior to their marriage that specifies each party’s assets, rights, debts and property before the marriage. The prenuptial agreement contract also details how all assets are divided in case of a divorce.

When to Get a Prenuptial Agreement?

For maximum legal protection, it is strongly recommended to obtain a prenuptial agreement as soon as possible. The reason behind this is that a prenuptial contract signed close to the marriage date would raise questions if one party coerced the other. Having a prenup done early would erase any doubts about coercion or any claims that any party did not have ample time to review and understand what they signed. Simply put, it eliminated any future attempt to challenge the validity of the prenup contract based on coercion or the lack of understanding of what was signed.

Including a sunset clause in the contract adds a positive element to proposing the prenuptial contract to the other party. A sunset clause specifies a time frame after which the prenuptial contract expires. The most commonly chosen timeframe is ten years.

Five Reasons Why It Is a Must to Get a Prenuptial Agreement

1. Nationwide in the United States the rate of divorce is fifty percent meaning the half of all marriages end in divorce. Everyone thinks their marriage is different and unique but the truth is no one can anticipate problems that can arise years down the road. Erring on the side of caution with a prenuptial agreement is the best way to protect your financial future.

2. You have way more money than your partner. The rich party stands to lose more in a divorce. A prenuptial contract in such case serves two purposes. The first being protecting your finances in a divorce situation and the second being ensuring that your partner is marrying you for you and not for your money.

3. You earn way more than your partner. Over the years this difference in earnings can accumulate to thousands, tens of thousands or hundreds of thousands of dollars. A prenup will protect you.

4. Your partner is in debt. Without a prenuptial agreement you will become responsible for your partner’s debts in case of a breakdown in the marriage. This could be disastrous if your partner owes a lot of money.

5. You are remarrying and have children from the previous marriage. In such a scenario, you would want to ensure your children are protected. If the marriage terminates.

For any questions regarding family law feel free to contact us!

Divorce That Involves Adultery

Whether you are the spouse being accused or the one who is alleging adultery, going through a divorce with a discovery of adultery can be difficult. To help make your divorce as smooth as possible, here are some expert tips that can benefit either party.

If adultery is an issue in your case, there’s typically little to no impact on settlement. Most spouses are shocked when they are informed of this fact by a family law attorney. Some individuals believe that they are entitled to as much as possible due to being victims of adultery. Although they may approach the divorce with this mindset, this is certainly not the case and does not play out that way for many.

No proof of adultery is required in states that have no-fault divorce. Other than the proof that the couple no longer lives as husband and wife, these states don’t require any other information in order to grant the divorce and terminate the marriage. Although you might wish to discuss this issue in some part of the divorce proceedings, in no-fault states, it may not be that much of an issue. However, if you believe that it could be important in some other way, you should share his detail with your attorney.

Many individuals assume that a background of adultery could influence child custody decisions, although this is rarely the case. Sometimes, a judge may grant an exception to this fact and limit the parent’s time or require supervised visitation if the adulterer is also a poor parent. However, it is really unlikely to see that the child custody arrangement is influenced by allegations of adultery especially if the accused is a good parent.

The final settlement is another story. It can be influenced by evidence of adultery. First of all, in rendering financial decisions, the court may consider the expenses related to the affair. The spouse who has been betrayed could be entitled to compensation, especially in cases where the adulterer spent a lot of money on the other individual. Although adultery rarely has a big influence on settlements, it can influence alimony and property settlement. Some betrayed spouses who want to continue the lifestyle they are accustomed to use this fact as leverage in asking for a bigger amount.

There are several ways that adultery can influence your divorce case, and it’s important to consider this before heading into mediation or litigation. If you have been accused of or betrayed by adultery, seek legal counsel to learn more.

For any help with any family law matters feel free to contact us!

How can Mothers Lose Custody

Going through the divorce process can often be an emotionally painful and destructive period of one’s life. You have come to the conclusion that your marriage, with someone you promised to always love and support, and with whom you share many assets and belongings, must be dissolved. When children are involved, the stress and pressure are only amplified. If you are concerned about securing child custody for the mother or father, here are a few things you should know about custody.

In the past, the courts had a natural bias to award custody to mothers, and many great fathers were finding themselves losing time with their children, as well as the legal power to make decisions on their children’s behalf. However, since the late 1970s the courts have had a legal precedent not to consider gender when awarding custody to either the mother or father. In modern times, the courts have a precedent only to look out for the best interests of the child.

Now, they look at a plethora of different indicators to judge whether or not a parent will serve the best interests of the children, including their financial and work history, any history of violence, drug abuse, or criminal infractions, and their general mental and physical health. Here are a few things to be aware of to avoid losing custody of your children.

1. Not Hiring Proper Legal Advice

Few things will ensure that your custody proceedings will go smoothly, with minimal cost of both time and money, than procuring the right legal service to help guide your decisions. It is important to hire an attorney who has plenty of experience handling cases similar to yours. For this reason, it is advisable to be highly critical when searching for an attorney.

2. Not Being Completely Open with Your Attorney

With every attorney you interview, it is important to be completely open and honest about every detail of your relationship with your former spouse, and your relationships with your children. No detail is too small, so by giving your attorney the most comprehensive image of your children’s family life, you will be setting yourself up for success early on. Be sure to include who cares for the children most and how, where the child spends their time, and any history of neglect or abuse exhibited by either parent.

3. Put Your Children First

No matter how dramatic or conflict filled your relationship with your former spouse, it is important to put aside all ego and emotion and do what is best for your children. Doing this will not only prove your ability as a mother and your investment in your children, it is simply the best thing for your children. Be there for them and strive to answer their questions with complete honesty.

4. Be Willing to Compromise

Studies have shown that the post-divorce family structure that is most conducive to a child’s emotional well-being is one where both parents are actively involved with their children. For this reason, it is important to be willing to work with your spouse to work towards a joint custody agreement that will benefit you, your spouse, and most importantly your children.

5. Build Your Case

If you cannot compromise with your former spouse, or you believe they pose a threat to your children in terms of their abusive tendencies, you will need to build a case against your spouse to prove that they are unfit to make decisions and care for the children.

For more help with family law, feel free to contact us to schedule a consultation!