Are you in a difficult marriage and afraid to get out? Now that you are staying home together because of the pandemic, do you and your spouse fight all the time? Are you feeling depressed and unhappy, but too frightened to see a collaborative divorce attorney? Do you worry about being alone and broke after a divorce? Are you staying in your marriage because of the kids? Don’t think you are alone, because everyone feels anxious about getting a divorce, … [Read more...]
Filing For Divorce and Bankruptcy
Going through a difficult divorce during the COVID-19 pandemic can be bad enough, but your difficulties will multiply if you lose your job or face expensive medical care. You may need to file for bankruptcy as well as get a divorce. Even if you don’t catch the virus or lose your job, divorce adversely affects most family finances and is the leading cause of bankruptcy in America. If you and your spouse are considering a divorce and filing for bankruptcy at the same time, you … [Read more...]
How To Prepare For a Collaborative Divorce Checklist
Divorce rates in China rose dramatically after the COVID-19 quarantine was lifted and its likely divorces will increase in the U.S. when restrictions are removed. If you are considering a divorce, there are several things you should do immediately to get prepared. Talk to Your Spouse. If possible, discuss getting a divorce with your spouse. Talk about future living arrangements, division of assets, and a parenting plan. If you are concerned about safety, wait … [Read more...]
COVID-19 SELF-ISOLATION AND COLLABORATIVE DIVORCE
Something unusual is happening in China following self-isolation of couples due to COVID-19, the divorce rates are climbing according to registry officials. They believe it’s because couples are spending too much time together in quarantine. Self-isolated couples are getting into arguments over petty things and rushing off to file for divorce because they are anxious and angry. Scientists aren’t certain that working together in close quarters is emotionally healthy for couples … [Read more...]
Confidentiality in Collaborative Divorce
A collaborative divorce is a non-adversarial way for clients and a team of trained professionals to resolve divorce issues without going to court. Rather than fight in court and air their dirty linen in public, the clients and collaborative team work together to resolve issues through interest-based negotiation under the protection of a collaborative agreement. Confidentiality and Transparency. A collaborative divorce offers confidentiality and transparency—confidentiality because … [Read more...]
DIVIDING THE BURIAL PLOT AND OTHER FORGOTTEN ASSETS IN DIVORCE
Getting a divorce is emotionally stressful, especially for older individuals who are nearing retirement (called gray divorces). Because of the emotional overload associated with a divorce, it’s easy to forget about assets you own that need to be divided. Everyone remembers big assets such as the house, retirement accounts, brokerage accounts, and vehicles. However, forgotten items may be valuable or emotionally meaningful, and if … [Read more...]
Six Reasons To Choose A Child-Centered Collaborative Divorce
The best way to protect your children during a divorce is to stop fighting and don’t put them in the middle of your disputes. Don’t use the children to hurt each other–make your divorce about protecting them. A high-conflict divorce is harmful to children’s social, personal, and intellectual development–so avoid fighting. A child-centered collaborative divorce can minimize damage to children. Rather that litigate your divorce and postpone healing until after the trial, … [Read more...]
Five Things To Know About Taxes And Divorce
Divorce has significant effects on your taxes. For example, if your divorce is final by December 31 of a tax year, the IRS will consider you unmarried for that entire year, so you must file individual rather than joint tax returns. Moreover, due to new tax legislation, alimony is no longer deductible for the person paying and it not taxable to the recipient. It’s possible to go back and change a prior decree to make alimony no longer tax deductible, but changing a divorce … [Read more...]
Dealing With Trusts In A Divorce
Characterizing property owned by a couple is an important part of any divorce and the existence of a trust can complicate the process, especially if it’s an irrevocable trust established during the marriage. On the other hand, an irrevocable trust established prior to a marriage will help a spouse prove that funds in the irrevocable trust are separate property. However, an irrevocable trust established during the marriage often complicates the characterization and division of the … [Read more...]
Discovering Hidden Assets During A Collaborative Divorce
Dividing community property is an important divorce issue, especially if the divorce has been planned for a long time because that gives one spouse time to conceal funds. How can you be certain your spouse has disclosed all marital assets during a divorce? The answer depends on how you divorce. In a litigated divorce, there is no duty to disclose, while in a collaborative divorce spouses agree to voluntarily produce all relevant information. A complex divorce generates … [Read more...]
