As a divorce attorney, who has been practicing for over 40 years, I know the devastation that a divorce or dissolution of marriage can have on the family. Most of us are also aware from television, Social Media, or the news about celebrity divorces that turn nasty. We also have friends, relatives and coworkers who have undergone highly acrimonious divorces. Consequently, it may be difficult to imagine when a divorce might be helpful to children.
The collaborative divorce facilitator (CDF) is a neutral professional who is often utilized as a collaborative divorce team leader and communication specialist within the collaborative divorce process. A facilitator generally has been educated and is licensed in the areas of marriage and family counseling, mental health therapy, social work, psychology, or psychiatry. However, a CDF does not engage in therapy during the collaborative divorce process. Instead he or she will usually take on the following roles.
A divorce can create havoc on a family regarding its finances, it can also exact an emotional and psychological toll upon its members. Nonetheless, 90 to 95 percent of all divorce cases settle. After legal costs, privacy concerns are probably one of the biggest reasons why divorcing couples settle. No one wants their financial history laid out, or their dirty laundry aired out for public consideration. However, because a divorce proceeding is a public proceeding all information within, you’re a divorce court file is available to the public. It is rather inexpensive to obtain copies of court filings from the courthouse and in some states, they are even available to be downloaded online. The following are some tips regarding protecting your privacy during a divorce:
You finally made the difficult decision that the marriage is over and you need to proceed with a divorce. However, you feel some trepidation by proceeding forward. Understandably, there are stories of divorce cases that have bankrupt families, have lasted for years and years in court with high levels of animosity frequently appear in the news. I’m sure you are asking yourself, “Is our divorce going to end up that?”.
Pursuant to the Federal Tax Code changes, which went into effect earlier this year, the deductibility of alimony will be abolished in all divorces which are not concluded before January 1, 2019. All divorces or decrees containing an alimony award prior to January 1, 2019 will retain the deductibility. This change will cost individuals, who cannot conclude their divorce or obtain an alimony decree before the end of this year, tens of thousands, if not hundreds of thousands of dollars. Currently, alimony is an "above the line deduction". This means that for every dollar you pay in alimony, you are able to deduct a dollar of income. For example, if you pay $10,000.00 a month in alimony, you get to deduct $10,000.00 of your income. If you are in the 40 percent tax bracket, you would pay $4,000.00 from every $10,000.00 income that you earned. Consequently, if you get to deduct $10,000.00 for your alimony payment, then you would be saving $4,000.00.
Everyone thinks the final judgement signed by the courts is the conclusion of the divorce. However, nothing can be further from the truth. After the final judgement has been entered there are a number of task that each party must finish. At the conclusion of your divorce case, the first thing you should do is obtain several certified copies of the Final Judgment. You must also review the Final Judgment and/or Settlement Agreement carefully with your attorney to ensure that you understand what you must complete under the terms of the Settlement Agreement and/or the terms of the Final Judgment.
The overwhelming majority of divorces result in parties agreeing to shared parental decision-making subsequent to their divorce. Shared parental decision-making is defined as parents discussing and agreeing upon major issues in their children's lives including, but not limited to education, non‑emergency healthcare (for example orthodontics/braces), and extracurricular activities which would occur on both parents' (both parents' timesharing/visitation).
We’re all familiar with couples who've decided to stay together in a dysfunctional marriage until their children have graduated from high school. They do so in order to provide a stable life for their children. Based on the belief that after graduating from high school their children will be adult enough to finally do without the parents' marriage. For some reason, they consider a child entering college as mature and independent enough and that their marriage has served its purpose. Unfortunately, this perspective is flawed.
Social media is all prevalent in our lives now. Almost everyone has some form of social media account be it Facebook, Pinterest, Twitter, or one of the many professional-oriented social media sites such as LinkedIn, Alignable, Avvo, etcetera. Consequently, social media clauses are appearing in divorce cases under the following circumstances: