Posted on May 18, 2019 in Divorce

Sexual assault and rape can exist in the context of a marriage or other relationship. Marriage does not entitle your spouse to have sex with you against your will. Unfortunately, some people do not protect themselves because they do not know it is a crime or they are afraid to lose their marriage. If your spouse is sexually abusing you, you have the right to request an order of protection against your spouse. You should also consider whether you want to divorce your spouse and how your sexual assault allegations may affect the divorce.

Order of Protection

Before you start the divorce process, your first priority is to protect yourself from continued sexual assault and possible retaliation from announcing your decision to divorce. Some victims leave their spouses and find refuge with a family member, friend, or women’s shelter. However, you have the right to force your spouse to leave by filing for an order of protection, also known as a restraining order. The first step is to request an emergency order of protection from the court, which will immediately restrict your spouse from contacting you or your children. The emergency order can last as long as 21 days and can be extended with an interim order of protection. Eventually, the court will hold a hearing to judge the validity of your allegations and determine whether to grant a more permanent order of protection.

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 Posted on May 08, 2019 in Child Custody / Allocation of Parental Responsibilities

A long-distance parenting relationship after a divorce is difficult for both parent and child because there is no substitute for the everyday contact that they normally share. Depending on the distance between them, the parent may see the children only a couple times a month. As a long-distance parent, you may fear losing your connection and intimacy with your child. Though your situation is less than ideal, your parenting plan can help you maintain your relationship with your children:

1. Regular Contact: Calls and messages will replace much of your in-person parenting time with your children. You can treat your phone or video calls with your children similarly to parenting time. Schedule set times during the week when you can talk to your children, much like when you have days that the children stay with you. This does not preclude you from talking to your children outside of these set times, but it is comforting to them to look forward to a time when they are certain they can talk to you.

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 Posted on April 25, 2019 in Business and Divorce

Business owners have three options when their business is a marital property that is subject to division in a divorce:

• One spouse can retain full ownership by buying out the other spouse’s ownership interest or giving up other marital properties;
• Both spouses can be co-owners of the business; or
• They can sell the business and split the proceeds as part of the divorce.

The third option is usually the least popular because selling a business may be giving up your livelihood. There are some situations where selling a business is a viable option, but you still must consider the complications of doing so.

Receiving Fair Value

You want to be well compensated if you choose to sell your business and lose a source of income. Before presenting your business to potential buyers, you will need to assess your business’s value, including its potential for growth. With an estimated value, you will know what a fair asking price is for your business. Unfortunately, other factors may drive down what you can receive for your business. A downturn in the economy as a whole or in your industry may decrease the number of potential buyers and how much money a buyer will want to spend. You may need to keep your business if you cannot find a buyer willing to pay fair value.

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 Posted on April 19, 2019 in Prenuptial Agreements

The purpose of a prenuptial agreement is to save you time and stress in the event that you divorce. Mistakes in your agreement can make the divorce process more complicated instead. Imagine your frustration if you learn that the agreement is unenforceable because of the way you created it or a provision in it. You may end up renegotiating your division of property and spousal maintenance. A fully enforceable agreement could be just as frustrating to you if you realize that it leaves you at a disadvantage. You would need a legal reason to discard a valid contract. Despite the possible problems, there are many couples who benefit from having a prenuptial agreement when they divorce. There are four mistakes that you should avoid when creating an agreement:

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 Posted on April 12, 2019 in Divorce

Many spouses are turning to divorce mediation as an alternative to the lengthy and costly process of divorce litigation. Mediation involves the two spouses directly negotiating the terms of their divorce, with an impartial mediator guiding them through the process. By working together, the spouses can reach a mutually beneficial agreement without the vitriol that can come with litigation. You may be considering mediation for your divorce but are unsure whether the process is right for you. Here are the answers to common questions about divorce mediation:

1. Is Mediation Only for Amicable Divorces?: Mediation works best when both spouses can cooperate with each other, but it can still work even if you and your spouse have a contentious relationship. Part of the mediation process is teaching you how to reach an agreement in spite of your differences. The mediator is there to help defuse unproductive arguments. The most important requirement for mediation is your willingness to communicate and behave reasonably.

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 Posted on April 03, 2019 in Divorce

Changing your last name after your divorce is an empowering step that helps signify your disconnection from your husband. You have little reason to keep his name unless you want to share the same last name with your children. The process for changing your name can be fairly simple and quick if you want to revert to your maiden name. However, the name change will affect many aspects of your life, and it will take time to make all of the necessary updates.

Name Change Process

As part of your divorce agreement, you can decide to change your last name back to your maiden name, which the divorce court will approve. Taking on a completely new last name is a separate process that may take more time. If you did not reclaim your maiden name during your divorce, you can still change your last name after the divorce by:

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 Posted on March 28, 2019 in Divorce

Leaving your marital home after your divorce can be difficult for both personal and financial reasons. Personally, you may no longer be living with your children and will see them less often. Financially, you will need to pay for a new home after previously investing in your marital home. If you think it would be easier to continue to live in your marital home with your former spouse, understand that there is a precedent for this living arrangement. However, you will need to settle legal issues and figure out how you can live separately within the same home.

How It Works

Divorcees who stay in the same home choose their own living areas where they can have privacy from each other. They can create a schedule for when they will use common areas, such as the kitchen. As part of the divorce agreement, they can clarify who is responsible for:

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 Posted on March 22, 2019 in Relocation

A co-parent who wishes to relocate with his or her children bears the burden of proving why the move is in the best interest of the children. There can be several reasons why children may benefit from relocating, such as:

• Better education;
• A more diverse community;
• Proximity to family members;
• A higher standard of living; and
• Employment opportunities for the primary parent.

However, the court must also consider how the relocation would affect the other parent’s rights. Regularly visiting each parent is often of the greatest benefit to the children. A court may reject a relocation petition if it is unconvinced that the children will be in a clearly better living situation than they are currently.

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 Posted on March 14, 2019 in Divorce

There are several formulas that researchers use to try to better understand the divorce rate in the U.S. The crude divorce rate compares the number of divorces to the total population, which can skew the number because it includes people who cannot marry. The refined divorce rate compares the number of divorces to the number of married women, giving a more accurate total. There is also the marriage-to-divorce ratio, which compares the number of divorces to the number of marriages. The National Center for Family and Marriage Research recently released a study that states that there were 2.2 marriages for every one divorce in the U.S. in 2017.

What Does It Mean?

It is common for there to be more marriages than divorces in a given year, even during periods when the divorce rate is considered high. The 2.2 marriage-to-divorce ratio is the highest that the National Center for Family and Marriage Research has recorded since it started the study in 2008, though it is still well shy of the estimated 3.0 ratio in 1970. Other facts to keep in mind include:

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 Posted on March 06, 2019 in Divorce

Your medical needs and their related expenses increase as you approach the age of becoming a senior citizen. This means health insurance is a vital issue during a gray divorce, a term that describes divorce between spouses that are age 50 and older. You need continued coverage, but it may be more expensive for you than for younger people who are divorcing. You must consider your health insurance expenses when negotiating your divorce agreement.

Coverage Change

Getting older typically means more frequent visits with doctors. You are also more likely to need an expensive medical procedure and be prescribed regular medication. Losing your health insurance would be devastating to your personal finances because you would be paying those expenses out-of-pocket. Getting divorced may change how you receive and what you pay for your health insurance. If you are already on Medicare, you can continue with that coverage. Otherwise, you will need to sign up for:

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