Posted on January 28, 2015 in Divorce

Ask a dozen people what they believe to be important to a happy marriage, and the answers will likely include trust, love, fidelity and communication. There is little doubt that such characteristics truly do contribute to the health of a marital relationship, and the marriages that lack them are likely to end in divorce. However, recent studies seem to have identified a number of other, sometimes surprising, impacts to a happy marriage.

Scott Stanley and Galena Rhoades, researchers at the University of Denver, recently conducted a Relationship Development Study which included more than 400 individuals.  All of the participants were single at the beginning and each had gotten married by the conclusion of the conclusion of the research five years later. Stanley and Rhoades collected information regarding lifestyles, choices, and behavior prior to the marriage, as well as data concerning marital happiness, communication, and thoughts of divorce after the marriage.

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 Posted on January 26, 2015 in Collaborative Law

When children are involved, a divorce does not just mean the dissolution of a marriage. It also means life changes for an entire family. A divorcing couple may take the position to proceed as civilly as possible. Even if two people decide not to remain married, they most likely still want to do what is best for their children. Collaborative divorce is a more amicable option and is an alternative for those who wish to avoid court when legally ending their marriage.

The process of collaborative divorce requires an agreement with promises of good faith from each party moving forward and an honest disclosure of all paperwork and relevant information needed for a resolution that is beneficial to everyone.

Divorce is commonly associated with feelings of anger, hurt, and resentment, but certain situations allow for collaborative law as an option because both parties choose to set those aside in the interest of saving time and money, as well as preserving their family.

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 Posted on January 21, 2015 in Divorce

The New Year brings with it new hope, new plans, and new resolutions. It also brings with it new tax filings. If you were involved in a divorce or separation in 2014, it will most likely have some kind of impact on how you file your federal income taxes.

When it comes to filing taxes, your first need to determine your filing status. Even if you were married for part of 2014, you cannot file your taxes under a married status. Whatever your marital status is on December 31^st will determine what status you will check off on your return.

For people who are separated, but not yet divorced, you do have an option to still file married. However, financial advisors advice that this may not be beneficial. You may receive a bigger tax break if you can file under head of household. To qualify, you must have lived apart from your spouse for the last six months, as well as be responsible for more than 50 percent of household expenses. If you qualify, then your spouse will need to file under the single status.

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 Posted on January 19, 2015 in Family Law

Studies have shown that financial problems continue to be one of the main causes of divorce. When looking at marriage as a contract, financial matters are automatically an issue. A majority of people are familiar with prenuptial agreements and their focus on protecting assets when entering into a marriage, but fewer may be as familiar with the actions of a postnuptial agreement.

A postnuptial agreement is as it sounds. It is a contract between a married couple and is created after the time of a wedding. Either type of agreement may address the following:

• Assets;
• Liabilities;
• Income;
• Ownership of property or residence;
• Treatment of inheritances or trusts; and
• Alimony details or spousal support.

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 Posted on January 14, 2015 in Child Custody and Support

When married couples with children go through a divorce, one of the decisions that needs to be made is how the custody of the children will be divided. More often than not, couples do not agree on the answer to this question and a judge has to make the decision for the parents. In determining custody, one of the main criteria courts follow is what is in the best interests of a child. However, there are issues involving child custody that come up where a judge’s bias may affect his or her decision. In fact, home schooling is one area in which this may occur. It is often an issue that can divide people, and judges are no exception.

Part of the debate over home schooling is not only whether or not a child is receiving the same quality of education they would in a public institution, but also whether or not they miss out on the interacting and socialization with other children—which is important for their emotional development.

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 Posted on January 12, 2015 in Family Law

New York Magazine recently published an article revealing a study that analyzed the top reasons for divorce. Although it is a common assumption that financial problems are the biggest factor when it comes to the dissolution of a marriage, the top five main causes listed were:

• Infidelity;
• Incompatibility;
• Drinking or drug use;
• The couple grew apart; and
• Personality problems.

Any one of these issues can be the source of high amounts of stress for either person involved whether or not it results in divorce. Divorce is not typically a hasty decision. There are often arguments, discussions, and feelings of anxiety, anger, and sadness that lead up to the decision, which take an emotional toll on the body.

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 Posted on January 07, 2015 in Divorce

Although prenuptial agreements often evoke sensational headlines or solicit spirited conversations of couples entering into high asset marriages, surprisingly, a well drafted postnuptial agreement may actually save a marriage.

Although different in nature than a prenuptial, the postnuptial serves as a goal-orientated plan to weather the marital shifts evident throughout the life of a marriage.

By entering into a sound postnuptial agreement, couples often avoid financial and stress-producing conflicts in the event of a divorce or the uncertainties of the future in the event a spouse passes unexpectedly.

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 Posted on January 05, 2015 in Family Law

Voluntarily executing a celebratory resolution dates back more than 4,000 years. Beginning with ancient Babylonian society and expanding throughout the Roman empire, these affirmations were tied directly to harvest celebrations or political affiliations. It was not until 1740 that the practice of making a New Year’s resolution became ingrained into western civilization.

The father of the modern-day resolution, John Wesley, initiated the Methodist Covenant Renewal Service during the holiday season as an alternative to holiday festivities and to personally renew one’s religious covenant. As these resolutions evolved into a secular tradition, most Americans now equate New Year resolutions with voluntary personal improvement pledges. The U.S. Government even pays homage to the most popular of resolutions such as losing weight, quitting smoking, eating healthier, or better managing debt or stress. But what if the New Year brings forth non-voluntary changes such as divorce?

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 Posted on December 29, 2014 in Child Custody and Support

Years ago, it was considered a scandal if a woman had a child out of wedlock. But today, this is no longer the case. Couples are now making the decision to fill out a birth certificate before they fill out a marriage certificate. And for parents who have a child before marriage, there may be emotional and legal issues to consider.

A recent study discovered that couples, who eventually plan to get married, are better off making that move before their child turns three years old. This helps a child to form the strongest bonds possible with both parents.

The study was performed by researchers from Duke University, who examined information from 5,200 children who were born to unmarried parents. Titled, “Magic Moment? Maternal Marriage in Children Born out of Wedlock,” the study suggests that the “magic moment” parents feel right after a baby is born actually lasts longer than prior research held it did. This magic moment is what researchers refer to as the time that an unwed couple would be more open to the idea of marriage.

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 Posted on December 22, 2014 in Child Custody and Support

Going through a divorce is emotionally draining. In many ways, it is like a death that has to be mourned. A contentious divorce can be especially stressful with both legal and personal wrangling over finances and property. Most parents would agree, however, that nothing is more emotionally trying than being involved in a child custody battle with a spouse. It not only causes stress and anger, but also fear of losing a child.

However, if you are involved in a child custody battle, there are steps you can take to help alleviate those fears and minimize the damage to your family’s quality of life.

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