What Exactly Is Family Law?

 The term family law is not exclusive to divorce, though that is a common misconception. Family law encompasses many areas of the law, from annulments to adoption procedures. There is constant research being conducted in the family law arena in an effort to provide the best service to adults and children alike.
  With an ever-expanding section of the law, it pays to stay informed about the latest findings. Questions have been raised about a parent's legal responsibility in a bullying situation, and this is exactly where a family law attorney would come in to play. Your child has rights, and they deserve to be protected in ways not related to divorce. There has been a recent discovery with the courts having success with allowing a child to meet the judge and be questioned in custody hearings.
  Recently family law has even started protecting and fighting for visitation rights of pets. Some states even have pet custody laws. Having an experienced family law attorney on your side will help with a plethora of legal situations, from changing your child's last name to adjusting the amount of child support that you are responsible for. A good family law attorney will encourage mediation when possible, and will protect you from becoming further entwined in a legal battle.

9 Questions To Ask Before Filing For Divorce

You may feel that you have tried everything possible but a divorce is unavoidable, and that is something that is your decision to make. Consider first if you have in fact tried everything before heading for divorce, because it can be a painful process. Huffington Post put together a list of questions to ask before calling the divorce lawyer.

There's a big difference between an unhappy marriage and an un-salvageable one. Couples often tell me they're contemplating divorce when what they're facing are ordinary -- though difficult -- relationship challenges that they have been unable to resolve. Divorce is a radical step to take when what you're seeking is change.

— Huffington Post

What Mickey Rooney Taught Us About Financial Elder Abuse

Financial Elder Abuse is a very real dilemma, and there is not enough awareness about it in the media. Mickey Rooney's passing was sad, but before his death he tried to call attention to his own financial abuse. Make sure to watch the video on financial elder abuse that is attached to the article.

In September 2011, Rooney's court-appointed conservator, Michael. R. Augustine, filed suit against the actor's stepson Christopher Aber, and the stepson's wife, Christina, alleging elder abuse and misappropriation of his likeness. The suit alleged that after Rooney let his stepson handle his personal and business affairs, the couple stole Rooney's money for their own use, kept him in the dark about his own finances, used threatening and abusive language, and refused him basic necessities like food and medicine. In October 2013, Rooney's conservator agreed to a $2.8-million stipulated judgment against the couple.

— Consumer Reports

Advice For Estate Planning

When one thinks of estates and wills, money and financial assets come to mind. But what about the other items that are more valuable than money? How do you decide who gets the necklace passed down five generations? Reading article like the following one will help you when planning your estate.

In fact, such “stuff”—the legal term is “non-titled property”—is often the biggest source of unhappiness among families, says Wynne Whitman, an attorney in Spring Lake, N.J. Certain items might have monetary worth, and others are cherished for their sentimental value. But that 25 cent Christmas ornament or dog-eared copy of “Winnie the Pooh” can come at a costly emotional price. Without investing time and thought into how to distribute personal possessions, you can unwittingly leave a legacy of rancor and resentment.

— Consumer Reports

The Most Important Estate Planning Documents To Have

You may think that it is too soon to plan your estate, or maybe that you have nothing to plan for, but that is not the case. It is never too soon to consider estate planning,nor is it ever too soon to organize your important documents. This piece from The Wall Street Journal gives advice on the most important estate-planning documents that you should have.

An important part of the will is naming the executor who is in charge of managing an estate, including paying bills. While you don't need to tell anyone what is in your will, it's important to let your designated executor know he or she has been chosen to do that job, and it might be a good idea to inform other family members, too.

— The Wall Street Journal

Conscious Uncoupling And Estate Planning

Have you heard the term conscious uncoupling? It has been touted in the media as a more civilized manner of dissolving a marriage, but how does it apply to divided assets? The following article examines how conscious uncoupling affects estates and trusts.

Although both Paltrow and Martin have certainly created a considerable amount of wealth (3) since they got married in 2003, it is important to remember that they had already achieved substantial success when they met. “Whatever they brought to the marriage is perfunctorily considered separate property, and any earnings after the wedding become marital assets in the absence of an effective premarital instrument to determine what should rightfully and separately belong to husband and wife,” explains Mr. Beatrice.

— Virtual Strategy

Ways To Tell You Are Ready For A Divorce

Staying in an unhappy marriage is not healthy for either person. It is always recommended to try therapy or counseling before deciding on divorce, but some people do not want to consider such a thing, or maybe they feel that the relationship is past the point of redemption. The following article goes in depth about ways to tell that divorce is your only answer.

Sometimes divorce is a selfish and short-sighted choice. But sometimes it’s a choice for life and health. Your inner guidance will know the difference if you take a little time to get quiet and honest with yourself. If you know you need to leave, see it as a life-affirming choice, not a mean action or a sin.

— Read More At Huffington Post

Divorce And Taxes

When you are filing for a divorce, the last thing that you want to think of is filing taxes, but it is an important thing to consider nonetheless. The IRS does not have sympathy for your emotional difficulty, they still want the taxes done correctly. Here is an article about important things to know about filing your taxes after a divorce.

In fact, filing taxes after you divorce, or even separate, may be trickier than when you were together. And, as if to add insult to the emotional injury of ending a marriage, your first "uncoupled" tax bill might deliver a major financial blow.

— Read More At Huffington Post

How To Argue Cohabitation In An Alimony Dispute

Some people choose not to marry, and instead live together - or cohabitate for a litany of reasons. Sometimes that reason is the fact people are getting paid alimony and if they get remarried they will no longer receive it. Here is an article about that very situation...

For purposes of this article, my name is "Sharon." I live in a metropolitan area in the northeast past of this country. But, I could be from Anywhere, U.S.A. My story is the same story told over and over again by millions of (mostly) women, who are receiving alimony from their ex-spouses, and who are now living with someone new. It's an awesome scam, and goes something like this:

— Read More At Huffington Post

Men May Want To Stay Home And Take Care Of Children, And Give Up Alimony

In today's society, it is not unheard of for a father to be the caretaker of children while the mother earns money. More fathers are staying are staying home now than ever before. Whatever is best for the children should be the main concern for any parent. Here is an article exploring the trend of fathers who would rather stay home and take care of their children than work and pay alimony.

But free thinking and unchained, progressive life choices apply to men too, right? The gander wants to play goose and raise the little ones...and perhaps he wants child support. Gasp!

— Read More At Huffington Post

Will You Be Able To Text Your Will?

In today's tech-savvy times, most people insist on using their cell phones for everything, from ordering food to creating important documents. Can you imagine adding or creating a will via cellphone? This may be a bigger possibility than you think. Read the following article for more information.

According to Steiner, it’s not enough to simply state “this is my will.” Someone could argue that it is just a draft you were working on. However, in Yu’s case, “since all of the texts were written and sent at approximately the same time, this lent credibility to the fact that he intended this to be his final will and testament,” Steiner says. Moreover, if it was just a draft that he intended to refine later, he would not have signed it. Nor would he have killed himself immediately after sending it.

— Read More At Fox Business

What is Alimony?

What is alimony? Alimony is a lump sum or scheduled continuing payment to an ex-spouse, mainly when the ex-spouse makes less than the other spouse. It can occur with divorces where the wife was a stay-at-home mother or the husband provides the caregiver role, and that person depends heavily on the other person's income.
  There are many variables in the determination of alimony, like length of marriage or amount of sacrifice the spouse has made in order to become dependent. If the spouse in question has done something illicit, such as carrying on an affair or participated in other inappropriate behavior, this could terminate any possibility of alimony. It is important when calculating alimony to factor in cost-of-living increase, otherwise you could be stuck with an insufficient amount as the economy changes.
  If you are the dependent spouse in the situation, consider the fact that if you get re-married the alimony will stop. You may also have to deal with the financially independent spouse contesting the alimony, or requesting an adjustment if their monetary position changes due to job loss or relationships (they may get remarried). Keeping in constant contact with your divorce lawyer will only make the likelihood of a positive outcome more feasible.

Divorce Rate Is Higher Among Older Couples

There is a litany of reasons why people put off divorce, many of those reasons are financial in nature. Factors like children, home equity, shared business and other property can keep people from ending a marriage, even when it is painfully obvious to all involved that it is over. This article shows that divorce rates are higher in older couples, but not for the reason you may think.

"The good thing in my field is that we are no longer guessing. It's how do we get people to do the work early and ahead of time so we can take the commitment they made on their marriage day and translate it into a long-term, stable marriage," Sherman said.

— Read More At KSL.com

Choosing A Medical Power Of Attorney

Making decisions for a loved one who no longer has control over their mental facilities can be emotionally draining, but it is an unfortunate necessity. In the same vein, it can be very difficult to choose who you want to have in charge of your financial and medical decisions once you reach the point in life when you need such a person. This article discusses the various things that you need to consider when choosing your medical power of attorney.

Many people assume that there is only one type of power of attorney and that this provides them with the unlimited authority to make decisions, including medical decisions, on behalf of their loved ones. Unfortunately, this is not accurate. A power of attorney is a legal document in which one person authorizes another person (attorney-in-fact) the authority to make decisions or to act on his or her behalf. A durable power of attorney is the most appropriate type used for making medical decisions. This means the power of attorney is effective even if you are incapacitated.

— Read More At Kentucky.com

Five Easy Steps To Create An Estate Plan

If you haven't set up an estate plan yet, what is your reason? Is the thought of setting up your loved ones for the future, the future after your death, too daunting? Take it one step at a time, and don't rush into this enormous life decision. Read the article below for five steps of creating an estate plan.

"The time to devise an estate plan is now, if you haven't already," says John Padberg, vice president of life event services and estate planning for Wells Fargo Advisors. Many people equate estate plans with wills, he says, but a well-thought-out structure involves much more. There are many tools, such as living trusts and financial and health care powers of attorney, that can help trusted professionals and family members manage your affairs if you cannot.

— Read More At Iberkshires.com

Common Estate Planning Mistakes

Estate planning is something that people usually put off until they are older, which is a mistake. If you don't know a lot about estate planning, consult with your local probate lawyer for guidance. Here is an article to read before you go any further with your estate planning.

Sometimes called an advanced medical directive or a durable power of attorney for health care, this document allows you to designate a health care agent to make medical decisions for you if, for any reason, you are unable to make them for yourself. It can also be used to designate someone to serve as your guardian or conservator in the event a court determines that you have become mentally incapacitated.

— Read More At Credit.com

What To Tell Your Children While Going Through Divorce

Going through the process of divorce is difficult at best, especially when there are children involved. Emotions are high and it can be natural to compete with your spouse for your child's affection, but there has to be a focus on the well-being of your offspring. This article guides you in what to say to your children while going through divorce.

1. It is not your fault. Whether a child is three or 30, it is a natural response to look for reasons why parents divorce. As children search for answers, one place they may look is inward. How children perceive a situation is altogether unpredictable, and may be based on something as seemingly insignificant as a passing glance or an off-the-cuff comment. During my separation, my then six year-old, overhearing an argument between my ex husband and myself about when things first became bad in our marriage, associated that same time with his own birth. Of course, our issues had nothing to do with him, and I still remind him of that often.

Read More At Huffington Post