Friday, October 3, 2014
What to Look for in a Family or Divorce Mediator
Guardians ad Litem
Friday, September 5, 2014
Don't Be a Financial Victim of Your Divorce
More often than not women become financial victims in the aftermath of divorce cases. This article offers a different perspective on how women should prepare and protect themselves financially. According to this article, the real issue begins with the mindset of divorce and alimony.
If women are to emerge from divorce in a financial situation that works for them in the long run, many need to begin thinking in a new way. Just thinking straight is difficult when undergoing this emotionally wrenching process. Thinking about money in a new way is especially difficult. Critical to this new mindset is the importance of looking out for yourself – not just regarding the division of marital assets, but also regarding your long-term financial security.
The Basics of Estate Planning
Tuesday, July 22, 2014
Understanding Property Distribution In Rhode Island
Someone who doesn't have a lot of experience in legal battles may have certain assumptions about how the divorce process works. A common assumption about divorce is that all marital property is divided in half. This is not the case for each state.
Because Rhode Island is an equitable state, the division of assets is not based on who has their name on each asset. The judge considers the following when distributing property:
- Duration of marriage
- The conduct of each spouse during the marriage and divorce proceedings
- The contribution of the spouse considered to be the homemaker, if applicable
- Age and health of each spouse
- Ability to obtain gainful employment
- Amount of money invested by one spouse for the other spouse's training and education
In order to file for divorce in Rhode Island you must prove residency for at least one year. You can file for no-fault or fault based grounds in Rhode Island because it is a mixed state. No-fault divorce will be granted for irreconcilable differences, or if you have been separated and living apart for at least three years. Fault based grounds are as follows:
- adultery
- impotence
- drug abuse
- extreme cruelty
- continued drunkenness
- any other lewd or cruel behavior
Going through this process can be scary if you attempt to do it alone. Make sure to do your research and contact an experienced Rhode Island divorce lawyer.
How Does Facebook Affect Divorce Rates?
“If the preliminary findings in this study are sustained, it would represent an important step forward in the study of SNS and human behavior,” the researchers noted in the study’s conclusion. “It would also raise profound questions about the role of social media in daily lives. Finally, it would spur new lines of research in understanding the role of Facebook in divorce and marital satisfaction, prompting a host of policy-oriented research endeavors by social scientist.”
What You Need To Ask Before Fighting Over Your Children?
Do you want your children to endure months of anxiety and uncertainty as to where they will be living and whether they will have the relationship they want with each of their parents and their siblings?
Update Your Will Before Your Next Big Trip
In general, we suggest that you review your estate planning documents every three to five years to ensure that everything is according to your wishes. However, preparing for a big trip is the perfect time to pull out your existing estate planning documents and make sure that your executors, trustees and guardians are all still who you wish for them to be. In addition, make sure that the provisions for your family still comply with your wishes. If it has been many years since you completed your documents, there have likely been changes in both your life and the tax law since that time. Your Dinsmore attorney can work with you to make any necessary changes so that all of your documents are up to date before you set off on your next excursion.
How Does A Prenup Factor Into Estate Planning?
For example, suppose a moderately wealthy woman with four adult children marries a somewhat younger man with few assets. The woman dies and upon her death her property goes to her new husband. A couple of years later the husband dies leaving what was the woman’s property to his own kids.
What Can You Learn From Lou Reed's Estate?
It’s much easier to file objections or challenges to a will in probate court, than to a trust which is administered privately, outside of probate court. Further, it’s much simpler for anyone to leave detailed instructions, with conditions, limitations, and suggestions, in a comprehensive trust document, rather than a will — even one that is 34 pages long. In fact, trusts can even help you when you are alive, but before you die, by addressing who and how your assets are managed if you are no longer able to do so. Wills can’t help with that.
Tuesday, July 15, 2014
What To Expect During The Divorce Process
Expect to enter a bizarre time warp. It's rare that partners reach a mutual decision to divorce. Typically, one partner makes this decision and the second spouse gets dragged along. (Let's call them the "dumper" and the "dumpee.") In any event, in most states, when one spouse says it's over, it is. There may be hoops to jump through but if someone wants out of a marriage (and tells the court that the marriage is irretrievably broken) the court will eventually dissolve the marriage. Of course, before a couple can be divorced parenting and financial decisions have to be made and paperwork must be prepared and filed with the court. To the dumper, this whole thing may feel like it's happening in slow motion. And, for the dumpee, it moves at the speed of light.
Divorce Can Affect Your Financial Future
One of the most overlooked aspects after a divorce is estate planning. People often forget to update the beneficiaries of their retirement accounts and life insurance policies. If your beneficiary forms are not changed, your ex-spouse may inherit a large portion of your assets in the event of your passing.
What Happens To Your House While You Are Legally Separated?
If you’re buying a home for yourself, your spouse would have to sign a quit claim deed releasing their interest in the property you are buying since you are still legally joined with that person. The key is that the spouse must consent to releasing their interest in the transaction.
Pacer's Paul George Wants Sole Custody
George's petition would allow for limited parental time sharing with the child for Rajic. George is also seeking to move the trial to Florida, where George met Rajic. It has been delayed until the judge determines jurisdiction.
Monday, July 7, 2014
Divorce For The Royal Family
It is understood that all is not well between Queen Elizabeth and the Duchess of Cornwall, with the former taking a dislike for the latter's alleged drunkenness. Several reports have also claimed that the Queen might pass on the throne to Prince Charles' eldest son Prince William, when her reign ends.
What You Need To Get Through A Divorce While Pregnant
"As a new mother, the first few months I could barely keep my eyes open (by the way, sleep deprivation sucks)! When my daughter started sleeping through the night, I went through my share of iconic breakup flicks such as 'Living Out Loud,' 'Bridget Jones’ Diary' and 'When Harry Met Sally.' I devoured microwave popcorn and mint chocolate chip ice cream. I blew through boxes of Kleenex. It may be cliché, but sometimes it simply works. It’s important to let sadness move through you, instead of holding onto it."
What You Can Learn From Sherri Sheperd's Bizarre Custody Situation
Apparently, the couple had attempted to become pregnant through in-vitro fertilization, but the procedure didn’t work for the 47-year-old Shepherd, so they turned to a different fertility option: a surrogate mother. A baby was conceived using Sally’s sperm but not, apparently, Shepherd’s egg.
Why You Should Start Estate Planning Now For Your Children
If the fact you won't be there to protect your children concerns you, this is what you need to do: First, execute a will and name a guardian and a successor or two. Put a lot of thought into it and talk to the person before naming them in the will. Remember, children aren't a stamp collection or a bank account. Not everyone is parent material. Raising children requires a lot of time, money and patience, and not everyone is up to the task. That doesn't mean they are bad people. It's just that their strengths aren't in the child-rearing area.
Three Documents You Need For Estate Planning
Your powers of attorney may look different, and go by different names, depending on your province. Still, these documents should provide another person with the ability to make decisions over your financial affairs and personal care in the event you’re unable to do so. These documents are effective while you’re still alive but can’t look after yourself (once you’ve died, your will becomes the key document governing your affairs). Again, look for an experienced lawyer to assist in preparing these documents.
Friday, June 20, 2014
Why Try Mediation?
If you are considering a Rhode Island divorce, try Rhode Island Divorce mediation before going forward with the process. Rhode Island Divorce Mediation is a non-adversarial method of obtaining a divorce, and it is favored by those who wish to avoid court. For those who feel that they cannot be in the same room as their spouse, they need not worry. A Rhode Island Divorce mediator will ensure that the conversation stays productive and that nothing detrimental is said.
Be sure that your Rhode Island Divorce mediator has a firm grasp on the state’s divorce laws before proceeding. It also helps when your Rhode Island Divorce mediator has a law degree or mental health degree, but that does not mean that mediation is an attempt to save your marriage. Some people have the misconception that Rhode Island Divorce mediators want to encourage a couple to reconcile, but this is not the case. Rhode Island Divorce mediation helps parents create a stable parenting plan without putting the child in the middle.
There are circumstances that do not permit Rhode Island Divorce mediation, and this is something your Rhode Island divorce lawyer will determine. If you have experience any form of abuse during the marriage, or you feel that your spouse is hiding assets, mediation may not be for you. Let your Rhode Island divorce lawyer know any doubt or fear you are experiencing beforehand, or the process will not work to your best benefit. A Rhode Island Divorce mediator is required to remain neutral, and is not allowed to take sides. This alternative is not meant for anyone seeking blame in a divorce, nor is it meant for anyone attempting to get one over on the other spouse. Successful Rhode Island Divorce mediation should result in a win/win for all parties, and will eventually cost you less time and money.
Biggest Celebrity Estate Planning Mistakes
Diana, the late Princess of Wales, left a letter of wishes directing certain effects be left to her godchildren. The letter was overturned by court because it was unenforceable.
Three Biggest Mistakes Wealthy People Make During A Divorce
Considering the intense economic implications of divorce, it’s unfortunate that many of the wealthy are not adequately dealing with these issues. This situation is slowly changing as an increasing percentage of the wealthy getting divorced use the services of divorce financial analysts. “While financial divorce specialists complement and can never replace divorce lawyers, their role is to – from the start of the process to after the divorce is finalized – ensure the financial well-being of their clients,” explains Smith. “For example, they’re often extremely effective in providing the supporting evidence for settlements.”
The Pettier Family Wins Custody Battle
This is not the first time a controversial diagnosis of a new or less understood disease has resulted in a custody battle involving accusation of medical child abuse. According to the Boston Globe, during the same 2013 period that Pelletier was admitted to Children’s Hospital, a 5-year-old Massachusetts girl, who had also been previously treated for mitochondrial disorder, was also admitted to that facility. Just as in Pelletier’s case, the child’s mother lost custody of her daughter – a pattern that has been seen in numerous similar cases.
Sailor May Lose Custody Due To Overseas Station
"Mr. Hindes is honorably serving our country in the Unites States Navy and cannot be present and is therefore unavailable to defend against this matter," a letter shared in an online petition by Hindes' attorney reads. "We have filed the appropriate motions and have raised the Service Members Relief Act and we are confident that this Honorable Court will grant the relief requested given that it is the law of this great land."
Casey Kasem's Daughter To File Elder Abuse Claim
“Witnesses will testify that Mrs. Kasem has been lying to Mr. Kasem for at least two years, telling him that they are divorced,” the letter states. “What possible motive could Mrs. Kasem have for such cruelty? Perhaps the younger gentleman that has been staying at the Malibu house and driving Mr. Kasem's car could answer that question for us."
Wednesday, June 11, 2014
Beware Of Cheap Wills
Things All Divorced Parents Need To Hear
"Keep as many rules consistent between the two households as possible. This way, the kids won't be able to play both sides. What's not allowed at mom's house isn't allowed at dad's, either."
Rich, Young And Childless Face Estate Planning Issues
This dilemma faces not just the 17 million unmarried Americans over 65 who are retired or putting their ducks in a row for retirement. Charitable foundations and financial advisers report that an increasing number of young people are facing these decisions before they are married or have children. That is especially true for tech entrepreneurs who, for example, come into a large amount of money from stock options or the sale of a start-up business.
Divorce Parties Are Gaining In Popularity
"We wanted to do something that expressed the fact that we were doing the divorce not so much as an end of our relationship but as us moving into things like co-parenting and co-business management," said Wolf, whose former wife works for him in his special effects and stunt business serving the film industry.
Halle Berry To Pay $16,000 In Child Support
Berry's monthly bill will remain in effect until Nahla turns 19 or graduates high school, whichever occurs first, according to court documents obtained by CNN. The settlement came on May 30, at the end of lengthy child support legal battle.
Create A Divorce Bucket List!
-Have drinks with my divorced/separated friends. Mandatory, as much as possible. -Take a trip alone. Not a single-mom vacation with the kids -- ALONE, preferably overseas, in a foreign country, or at a beach. -Buy flowers for myself. Because they make me happy and I know exactly the kind I want.
Tuesday, May 20, 2014
Is Divorce Really Bad For Children?
Divorce affects most children in the short run, but research suggests that kids recover rapidly after the initial blow. In a 2002 study psychologist E. Mavis Hetherington of the University of Virginia and her then graduate student Anne Mitchell Elmore found that many children experience short-term negative effects from divorce, especially anxiety, anger, shock and disbelief. These reactions typically diminish or disappear by the end of the second year. Only a minority of kids suffer longer.
Russian Billionaire Ordered To Pay Four Billion Dollars
The judgment also granted his ex-wife property worth 130.5 million francs ($146 million) in property in Gstaad, Switzerland, where the couple owned two swanky chalets. It awarded his ex-wife two other pieces of real estate in the ultra-wealthy area of Geneva known as Cologny, where the couple once lived together, but listed no value for either address. And it confirmed her custody of their 13-year-old daughter, Anna. The couple also has an adult daughter, Ekaterina.
What Casey Kasem Can Teach You About Estate Planning
It's always about money, even if it isn't. Estate planning, especially in a second marriage, can require a lot of thought and effort. Does everything go to the surviving spouse, does it get split with the kids, does it go to the wife first, and what's left goes to the kids? If it goes to the spouse directly, the kids generally see that as you just stole from them. If it goes to the spouse first, then what is left over goes to them, then every dollar she spends is seen as taking money directly out of out their pockets, slowly, for the rest of her life. Either way, there is a lot of tension that does not get better over time. Even if the kids do not care about money, they care that the spouse (who is not their mom) is getting it.
Estate Planning Objectives For Married Couples
Many couples prefer estate plans that maintain their privacy when given the choice. Nevertheless, this tends to not be a dominant issue with most couples. Recently, however, there has been a significant increase in elderly individuals being the targets of fraudulent schemes and borderline fraudulent solicitations. As a result, to the extent than an estate plan can protect a married couple’s privacy especially as they age, this may help protect the surviving spouse from being targeted by such schemes.
Tips For Planning Inheritance For Your Children
4. Get your kids involved in a personal foundation. If you have children still living with you, creating a personal foundation can be a wonderful opportunity to support causes you believe in, get a nice tax deduction, and more importantly to our point, teach kids about money. One of my clients sold his business and overnight was worth more than $25 million. He and his wife had three young kids and they were worried that the dad’s strong work ethic would be lost on the kids now that they could have anything they wanted. We created a personal foundation, and because it was required to disburse 5% of the foundation’s balance each year, we gave each family member the responsibility of researching a cause and donating 1%. This got each of the kids excited about their own cause and seeing how their money could have an impact. It was a great learning experience for the whole family.
Why You Need A Will
If there are multiple spouses or children from different marriages, a legal dispute will often occur without a will. Usually the surviving spouse will be an executor, even though there is technically no will to execute. When no surviving spouses or children are found, the next living relative is contacted. Providing there are no surviving relatives, the remaining assets and property will be given to the state.
Every state has guidelines about who inherits anything when there is no will. If there is a record of negative behavior toward the deceased, the state will block that person from inheriting anything. A surviving spouse can sometimes qualify as someone who just filed for divorce, depending on the judge. Stepchildren are not always protected in scenarios where a will is absent, because the courts may not consider them surviving children.
Creating a will is actually a simple process when assisted by an experienced estate lawyer. Making your wishes clear in the beginning helps avoid major problems in the future.