Author: Cynthia H. Clark

Legal Separation

Achieve Independence through Legal Separation

If you are suffering needlessly through a difficult marriage, you may be considering drafting a separation agreement. Even though Independence Day has passed, you could still enjoy the freedom associated with seeking legal separation from your current spouse. Today, we bring you several clues you might be in need of a permanent break from your husband or wife.

First, you might need to separate from your partner if obsessive thoughts about your relationship begin to dominate your thoughts. If you find yourself unable to focus at work, missing out on your friendships or fundamentally not enjoying life, you could be due for a breakup. If your relationship is causing you that much stress, you could need a breather. In addition, if you have feelings for someone else, you should definitely consider terminating your relationship. Managing a single relationship is difficult enough; you cannot be expected to share your time and energy with two serious partners.

If your partner has cheated on you a number of times, it may be time to declare independence from your current relationship. Serial infidelity is a major red flag. Everyone deserves more respect and better treatment than that afforded by cheaters. Similarly, if you find yourself losing your identity because you are adopting all of your partner’s decisions, you may need to get out of the relationship. If you are eating at vegan restaurants that you hate or attending a variety of social events that are unpleasant simply for your partner, you could need to check the relationship’s progress.

Your relationships should enhance your life. If you think you are being made more miserable by your current partnership, consider seeking a legal separation. Your qualified family attorney can help you learn more about your legal and financial options, explaining both divorce and legal separation. Do not suffer through a dissatisfying relationship alone; instead, consult an experienced lawyer to help you through the breakup.

Source: www.huffingtonpost.com, “Five reasons you may need Independence this 4th of July” Angela Lutin, Jul. 03, 2013

Divorce

Keep Divorce from Wrecking your Business

Divorce can often bring out the worst characteristics of those involved in a breakup. The process can be stressful and frustrating, even if you are using a highly qualified attorney. Imagine the difficulties that can arise, therefore, when a family attempts to distribute jointly-held business assets. Although your family business could be in peril because of your divorce, you do not have to sacrifice your assets simply because of a breakup.

The most important component of dividing the value of a business is deciding its fate. The couple could continue to co-own the business, even after divorce, if they believe this is a viable option. Alternatively, one owner could buy out the other’s share in the business. The entire business could also be sold, allowing the assets to be more evenly distributed.

After you decide the fate of your business, you need to determine its worth. Even if the venture is jointly owned, you need to know its value so you can divide property between spouses. You should be able to rely on shareholder agreements and other buy-sell documents related to your business. If you have not crafted these legal precedents, the asset division could be more challenging, but it is still possible. To find out how much your business is worth, hire a neutral professional.

Finally, you need to weigh the options, making the decision that would be best for the business, as well as its co-owners. To minimize the financial fallout, consider mediation rather than courtroom litigation. This process is less stressful and cheaper, often providing better results through cooperative bargaining. Remember also to stay focused throughout the entire negotiation; this property division will only occur once, and you want to make sure that your interests are represented.

If you are a business owner pursuing divorce, consider seeking the services of a qualified attorney. These professionals can help you decide on the best course of action for your business, allowing you and your ex to move on with your financial futures.

Source: blog.intuit.com, “How to keep divorce from ruining the family business” Sheryl Nance-Nash, Jun. 26, 2013

Alimony

Alimony Woes Can Complicate Divorce

If you are caught up in a bitter divorce with difficult alimony or child support negotiations, you might want to rethink your own approach. Experts in Maryland divorce law say that couples sometimes become so focused on being “right” that they refuse to consider the effects their actions are having on others. Your personal disdain toward your ex could be preventing you from moving on. In addition, it could be costing you more money as the legal proceedings drag on.

Gurus say couples should avoid getting so caught up in their divorces that they cannot take advantage of good advice. One woman relates her story, explaining how she was required to pay spousal maintenance for her husband after they divorced. The man wanted to return to a nearby university to obtain a degree. The woman had full custody of the couple’s daughter, and she resented her ex for making her pay the spousal support; the man was, in fact, employable. She felt bitter and angry until her friend asked her whether she would rather be right or happy.

In fact, that perspective can be incredibly helpful during your divorce proceedings. Even though you may feel like the alimony or child support decisions handed down in your case are unfair, you should try to move on without additional acrimony. A bitter attitude will not change the judge’s ruling in your case. In addition, staying positive can help you maintain your relationship with your ex to promote co-parenting success. The woman in the story now has a strong bond with her ex, despite her initial anger. The couple was even able to easily work out a child support agreement when the man finished his degree.

Not all spousal support disputes end so easily. If you are concerned about the value of your alimony payments, or if you think you are not getting enough money from your ex, consider seeking assistance from a qualified family attorney. These professionals can help you learn more about your rights and responsibilities in the courtroom.

Source: www.huffingtonpost.com, “Do you want to be right or do you want to be happy?” Debbi Dickinson, Jun. 18, 2013

Divorce, Marital Property, Property Division

Identifying Marital Property During Divorce

Dividing assets during divorce is becoming increasingly complicated in the modern economy. With couples sharing homes, vacation properties, pension plans and stock options and even professional licenses, a higher level of care is required in today’s property divisionagreements. It is important to recognize the difference between separate and marital assets before you can begin to split your holdings during your breakup.

In general, separate property in Maryland consists of the following: property that was owned by one spouse before the marriage; inheritances; a gift provided by a third party; or payment from pain and suffering related to a personal injury suit. Separate property can become marital property if the value is commingled with other jointly-held assets. If you deposit your inheritance money into a joint account, for example, those funds become fair game during divorce negotiations.

Alternatively, other property acquired during marriage is generally considered to be a joint asset. This is true regardless of the official owner of the property listed on titles or deeds. As a divorcing spouse, you are entitled to value held in your husband’s or wife’s 401K, even if the other person’s name is listed on the account. State laws differ somewhat with regards to specific assets, so be sure you are consulting a qualified attorney to find out more about your legal rights to marital property during divorce.

Some states also recognize the increase in value from a separate property as marital property. For example, if you held a rental property before getting married and its value increased, the difference could be considered dividable property during divorce. Maryland is an equitable distribution state, so several factors are considered when marital property is being divided.

If you have questions about property division during your divorce, consider consulting a qualified family attorney. These professionals can help you learn more about your property rights during your breakup, allowing you to understand your claims to retirement accounts, real estate, tax refunds, art and antiques, among other holdings.

Source:  www.huffingtonpost.com, “Understanding how assets get divided in divorce” Jeff Landers, Jun. 14, 2013

Divorce, Property Division

Don’t Listen to Tabloids for Divorce Advice

Celebrity gossip outlets have already dedicated a significant amount of time and resources to the divorce of Bethenny Frankel and Jason Hoppy, a couple who gained national renown through their appearance on the ‘Real Housewives of New York.’ The man, who is a pharmaceutical representative, filed for divorce earlier in 2013, but the couple is reportedly still living together in their $5 million apartment. The situation has led to not only questions about child custody, but also an increasingly tense property division situation.

One of the more difficult questions during any divorce relates to the ownership of the family home. Homes are generally one of the most significant assets in a marriage, making property division issues even more sensitive. The case of Frankel and Hoppy raises additional questions about exactly who should be allowed to remain in the marital home after a breakup. In this particular case, neither of the members of the couple will move out of the apartment because they think that action could be construed as abandonment under law in the state of New York. They believe the person who leaves could face an uphill fight in retaining rights to the property after the divorce. That law changed to reflect no-fault divorce protocol such as that currently present in Maryland.

Legal information from experts shows that statement to be patently false. No matter if one person moves out of the marital home, it is still considered an asset that was acquired during their marriage. That makes it fair game for negotiation during a divorce. The value of the property would be divided during the breakup, regardless of who actually lives there.

If you are concerned about the future of your marital home, you do not have to take drastic steps such as continuing to live with your soon-to-be ex-spouse. Instead, consult a qualified family attorney to help you learn more about your financial and legal rights. Property division questions, especially those pertaining to the family home, are sensitive and should be handled by an experienced professional.

Source:  www.forbes.com, “Should you move out of the marital home? Learn from divorce attorneys, not the tabloids” Jeff Landers, Jun. 11, 2013

Child Custody, Divorce

Breaking the News to Your Kids: How to Talk About Divorce

For Maryland parents, telling children about divorce can be one of the most difficult discussions they ever conduct. Before you begin hashing out a visitation schedule with your soon-to-be ex-spouse, you need to communicate information about your breakup to your children. Experts say there are several slip-ups that should be avoided when you are attempting to clearly converse about your divorce with your children.

First, do not tell your kids that you still love their mother or father. The adage, “I love you, but I’m not in love with you,” may be excessively confusing to youngsters and frustrating for older kids. The distinction among types of love is a subtle enough difference for adults; inflicting this higher-order comprehension on children can lead to disaster. Instead, focus on the fact that you will never fall out of love with your children, even though you may not want to be married to your spouse.

If you truly intend to divorce, do not tell your children that you are simply “trying out” separation. This will falsely inflate their hopes about their family situation, and the divorce will be significantly more difficult following this confusing statement. Do not give your children hope that you will reconcile if you intend to permanently dissolve your marriage.

Finally, experts say you should not try to portray your divorce as a positive event. This is a difficult time for everyone involved, and children should be allowed to grieve for the loss of their family relationships. Even though it might be a relief that you and your spouse will be able to stop fighting, for example, you should not tell your children that the breakup will be “great” for any reason. This is a sad event that deserves a sober description. Honor your children’s feelings by acknowledging that fact.

If you are just announcing your divorce to your children, you might need the assistance of a qualified attorney to further advise you about the legal aspects of the split. Consider seeking help from a family attorney who can help you integrate your needs with those of your children during your breakup.

Source:  www.huffingtonpost.com, “Telling your kids about the split: The six most common (well-intended) mistakes” Kate Scharff, May. 25, 2013

Child Custody

Japan Finally Adopts Hague Convention Treaty

As international child abduction plays an ever-growing role in American child custody cases, the number of countries committed to child safety and family choice appears to be growing. Japan has become the latest nation to sign the international child custody treaty that could prevent native parents from taking their children from Americans without recourse.

The country approved the treaty adoption amid concerns that primarily originated from American fathers, many of whom are service members. These men alleged that the mothers of their children were spiriting the kids away to Japan, where they were protected from requirements outlined in the 1980 Hague Convention. The approval of the treaty will provide additional protection to foreign parents.

Opponents of the measure cited evidence that Japanese women may be fleeing abusive American spouses. That argument remained one of the most potent against the treaty ratification even until recent years.

The political shortcoming was highlighted during the 2009 child custody case involving an American father and a Japanese mother. The man was arrested in Japan after he was accused of taking the pair’s two children as they walked to school. A U.S. court had awarded the man full custody of the children, but the Japanese mother took matters into her own hands by fleeing from Tennessee to her native country. American legislators turned up the heat on Japanese politicians in 2010, condemning the nation’s refusal to agree to Hague provisions.

Japanese law dictates that only one parent — generally the mother — retains custody of the children after divorce. The Hague convention will not change that legal precedent, but it will affect the way the nation honors U.S. custody decisions. The change will also only apply to new cases.

If you are facing an international custody battle, your best ally is a qualified family attorney. These professionals can help you understand your rights and responsibilities as officials attempt to enforce U.S. law through the provisions of the Hague treaty.

Source:  www.huffingtonpost.com, “Japan child custody laws: Japan approves joining international child custody treaty” Malcolm Foster, May. 22, 2013

Property Division

Protect Your Assets Without a Prenup

Many couples choose to protect their assets before divorce through the use of prenuptial agreements, but such property division strategies are not always feasible. Considering that about half of Americans split up within the first eight years of marriage, an alternative to the prenuptial agreement would be useful. Experts say latecomers to property division should consider shielding their assets from the marital estate through the use of divorce trusts.

A financial shield known as a self-settled trust can help you protect assets for your sole benefit, effectively removing them from your spouse’s access. Ideally, you should set up these trust documents before you have any creditors. These include your spouse, or perhaps your soon-to-be ex-spouse. You do not have to tell your spouse about this trust if you establish it 31 days before marriage in some states. Other states also allow you to set up this type of specialized trust even after your marriage is formalized.

Experts in divorce and financial law urge caution when using these trusts, however. Do not put all of your money eggs in one basket. The trust should be seen as a safety net in the event of a divorce, not your primary source of income. If you put too much in the trust, your ex could successfully argue that you are trying to hide marital property.

Another trust option is known as the Delaware statutory trust. This type of trust is commonly used by entrepreneurs in lieu of establishing limited liability companies. If the trust becomes part of the marital estate, it would be an unattractive asset because of the tax structure. An ex-spouse could attempt to obtain the trust during the divorce, but that person would then have to bear the entire income tax burden, even if there is no distribution from the account.

So, even if you have not set up prenuptial documents, you could still protect your assets from the possibility of divorce. Consider consulting your financial planner and family attorney to learn more about your legal options and rights.

Source:  online.barrons.com, “Divorce trusts” Tatiana Serafin, May. 18, 2013

Child Custody

Summer Camp Causes Custody Woes

Most school years are coming to an end, and the perennial debate about summer child custody arrangements may just be heating up in some households. Making summer plans for your children is difficult enough when you are married, but it can become downright harrowing when you are divorced. This is especially true when trying to decide upon summer camp options.

Your custody agreement may mandate a specific percentage of payment for summer camps and other activities. Many agreements require both parents to agree on a camp, but also to prevent one person from insisting upon the most expensive option. Some couples find it difficult to decide whether to send their children to overnight camps or day camps. This can end in a stalemate with the child ultimately suffering. When you get stuck on a summer camp debate, experts say you should consider using your mediation techniques to make the decision.

First, identify the reasons you want your child to attend a certain camp. Ask your spouse to do the same. These reasons may sound silly – you might admit you would miss your child too much if he left for a month – but your concerns are valid. You should schedule a meeting with your spouse to review your opinions about camp. During that meeting, come up with three alternatives that could meet the majority of both parents’ requests.

For example, if you are afraid of sending your child away for the entire summer, consider choosing an overnight camp that is closer to both parents’ homes. You could also agree to switch child caring or custody schedules to support different types of camps. Negotiate for your child’s best interests.

If you are experiencing difficulty with a summertime child custody agreement, consult a qualified family law attorney. This professional can help you learn more about your rights and responsibilities in the courtroom, leading you to an agreement that can be amenable to both parents.

Source:  www.huffingtonpost.com, “Mediating your summer camp squabbles” Diane L. Danois, May. 13, 2013

Child Custody

Using Pets To Ease Divorce Stress For Kids

Divorce is one of the most stressful times for children. This period of tumult and upheaval can be ameliorated by the presence of one important living thing: a pet. Child custody experts say that family pets can be among the most beneficial factors for children going through a family split. Kids should be able to have unlimited access to the family pet. If you do not yet have a furry friend, you might consider obtaining one quickly after the divorce.

In the United States, some 65 percent of households have pets. About 39 percent of those have dogs, while 34 percent own one or more cats. Pets are beneficial to youngsters for a variety of reasons. Animals provide unconditional love and support for children going through upheaval. Your pets will not judge, and they will always listen. Pets will never judge children for their emotions; whether they feel sad, sluggish, angry or relieved, they can communicate to their pets without negative consequences.

Pets also bring a sense of security to young children. Even in the midst of a divorce, when children might feel lonely and somewhat abandoned, their pets will always be there. This is evident during early childhood, but teens also benefit from the animals’ support. Furthermore, pets can provide a great bridge for communicating with adults. Your kids can relate to you by discussing the dog or cat, even when it seems like you have nothing else in common.

Finally, pets are great stress relievers. Playing fetch or running with a dog can give a great sense of physical release. Pets are sources of laughter and joy, and they can provide nurturing support to both youngsters and adults during the trials of divorce.

If you are attempting to divide “custody” of your family’s pets, consider talking to a qualified divorce attorney. These professionals can help you learn more about your courtroom rights and responsibilities during your breakup.

Source:  www.huffingtonpost.com, “Pets very helpful for children coping with divorce” Rosalind Sedacca, May. 06, 2013