There are many different topics that can arise as part of a divorce, but one of the bigger topics of discussion, and sometimes the most stressful, is alimony. Alimony serves as a means to help a party meet their reasonable needs when their income and the assets awarded in equitable distribution are insufficient to meet those reasonable needs.
When a spouse thinks of alimony, they may automatically picture themselves in court to settle the topic, but this does not have to be the case. Mediation can be a helpful process to consider, instead. Mediation allows a divorcing couple to collaborate on a solution to divorce, support, property division, and custody issues outside of court, without relying on a judge to make these decisions. A personal and caring mediation environment may lead to a more harmonious resolution to domestic relations issues.
Some people may offer to share their medical history with others comfortably while others might feel uneasy to share this personal information, especially with the court, and especially during divorce, support or custody proceedings.
Medical records can include information from a variety of items, such as routine checkups, physicals, and vaccination status, to treatments for mental illness, addiction, and plastic surgery. These records can be very personal, and having to share them in a case might seem absurd; however, there are multiple areas where medical records might be relevant, including child custody, support, and the ability to work as part of divorce proceedings. Physical and mental health are two very involved topics when it comes to child custody and spousal support, and here’s why:
Children usually have the highest priority in their parents’ lives, and when a divorce or separation arises, the children are likely considered first. Making sure the children are considered throughout the divorce or separation process and providing them with a smooth transition is important for the children’s future and wellbeing.
Going hand in hand with considering the children during the divorce or separation process is the creation of the parenting plan. This plan should be carefully thought out and as detailed as possible, even though it might take a lot of effort to think through possible scenarios for the future. While this plan is about the children, it will also provide a sense of relief to the parents because it can spell out the specifics of how many situations that may arise will be handled, alleviating the stress over such situations. In addition, when someone is approaching this situation, it is wise for them to lean on their experienced divorce/custody attorney who can guide them in the right direction and ensure they are not missing any important details.
It may have been common in the past for prenuptial agreements to have a negative connotation; however, due to the high rate of divorce, having a prenuptial agreement might actually make more people feel at ease today. Instead of looking at a prenup as a determination that the marriage is going to fail, many look at it as a sense of security knowing what to expect in the case of divorce or death, providing a level of comfort for the individuals.
To create a prenuptial agreement, or postnuptial agreement if you are already married, we recommend consulting with an experienced divorce attorney. These types of agreements, while beneficial to have, can be complicated and should be put together by a professional who understands the couple’s needs and wants and the laws associated with them. If you are considering a prenup, we outlined below what a prenup can and cannot cover so you know what to expect:
Divorce is tough—especially when it has an impact on one’s financial health. It can be scary for one spouse to think that the other spouse’s credit card debt can negatively affect them, even if they weren’t the one spending the money. Or perhaps both spouses have incurred the debt together. What if it prevents one from getting approved for a mortgage for a new home or from refinancing the mortgage on the current residence? What if the payment is split between the two spouses, and now the spouse who did not incur the debt has to sacrifice their own financial goals?
The good news is that there are ways that someone going through a divorce can help prevent these headaches caused by credit card debt. First and foremost, if one does not have an experienced divorce attorney by their side, we highly recommend that they find one so they can lean on them for advice. Additionally, the following tips can help someone approaching a divorce handle credit card debt before it becomes a problem:
When one has children, the first few holidays during or after divorce can be stressful and difficult to navigate. No one in this situation should expect to snap back into life knowing how to handle everything that lies ahead; instead, they should give themselves some grace. The newness of life after divorce is just like other new things in life: one must adjust to them in their own time.
It is important to remember that one should not expect to have all the answers, especially during the holidays, but what they can do is try their best to create a comfortable and enjoyable environment for their children while taking care of themselves. For those parents approaching the holidays during or after divorce, below are a few tips to keep in mind to hopefully help make the holiday season more enjoyable:
The topic of finances can make a lot of people cringe or feel uncomfortable. Perhaps they do not want others to know how they are spending their money or maybe they are not aware of their entire financial picture. Regardless of the reason, when someone is approaching a divorce, the topic of finances needs to be addressed.
Someone who is facing a divorce should know what their budget is, including their household income and expenses, while also thinking about their lifestyle and standard of living. This information will be necessary for the purposes of settlement discussions and litigation, including support, alimony, etc. If one wants to maintain their standard of living post-divorce, they need to prove what that standard of living entailed, including normal monthly expenses.
We understand that, in many households, only one spouse oversees the majority of finances. If one finds themselves in a divorce situation and they need to document the details of their financial picture, consulting with an experienced divorce attorney should be the first step, in addition to the following:
A couple who has a significant amount of assets are usually considered to be high net worth individuals, and when that couple gets a divorce, their divorce is likely to be complicated for obvious reasons. High asset divorces can be more emotional, have more at stake, and can cause more stress.
Anticipating a high net worth divorce can be worrisome, and each spouse can get anxious thinking about the right moves to make. If someone finds themselves in this situation, the first thing they should do is find the right legal representation. Consulting with an experienced divorce attorney as soon as possible can be a huge benefit in anyone’s divorce case—especially a high net worth case. In addition to finding the right legal representation, we also recommend avoiding the following 3 mistakes if approaching a high asset divorce:
Divorce is the way out of a relationship between two individuals who marry, and much thought should go into the decision before parting ways. Before divorce becomes a reality, a couple should think through why they got married in the first place and what brought them together.
People can change in some ways as they experience different things and get older. Their mindsets might shift, and they may no longer want the same things that they did when they first got married. Regardless of the reason for divorce, we recommend that they consider the following questions before they start the divorce process:
When things get hard in a marriage, the thought of divorce might cross one’s mind. While it is true that divorce can be a way out of a tough situation or an unhappy marriage and has proved to be the right move for many, it is not always the right next move or a quick and easy way out. The decision to divorce should be well thought through and one should be prepared before starting the process to avoid mistakes early in the process.
We work with complex family law matters every day—for business owners, high net worth individuals, or for those in complicated situations—and we understand what a tough marriage situation can entail. It can be stressful, emotional, and mentally straining, and those involved want it to end. If one finds themselves in this situation, we welcome them to reach out to our experienced attorneys so we can talk through the right next move before making sudden decisions. In the meantime, the following questions can help to provide some insights: