divorce | Law Firm Newswire - Part 3

Virginia Beach, VA (Law Firm Newswire) August 26, 2014 – Sometimes, one of the partners constructing a prenuptial agreement is a business owner. Typically, the document will then be designed to ensure that preexisting assets are completely protected in case of divorce. This often leads to restrictive prenuptial agreements that keep all preexisting assets separate. Unfortunately, that safe, restrictive prenup can prevent the surviving spouse from receiving assets upon the other spouse’s death. “A prenup is essential for protecting your assets in case of divorce, but it doesn’t always account for problems that may occur if you were to die,” […]


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Chicago, IL (Law Firm Newswire) August 18, 2014 – Myriads of studies and scholarly articles chronicle the advantages of mediation versus litigation for families enduring issues involving their children. Evidence suggests that these benefits are realized as much for the child as the parents involved, citing that children involved in low-conflict custody and visitation issues experience less psychological difficulties than those involved in high-conflict disputes. Fueled by his desire to advocate for the rights and safety of children, the Honorable Michael Ian Bender, a former Judge of the Circuit Court of Cook County and an attorney who concentrates in family […]


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Irvine, CA (Law Firm Newswire) August 13, 2014 – It is vitally important to protect assets when planning to marry. Protective measures do not indicate a lack of trust; they give both parties to the contract control over their future finances. “Many engaged couples are uncomfortable signing a prenup, as they feel it is not romantic and indicates a lack of trust between partners. The truth of the matter is, if you take control of your future financial situation now, you will not be faced with any unexpected surprises if the marriage were to break down,” explained Gerald Maggio, an […]


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Brandon, FL (Law Firm Newswire) August 8, 2014 – A Florida woman’s recent divorce taught her a tough lesson in commingling of assets. In the context of family law, “commingling of assets” is the act of combining a non-marital asset with a marital asset. The asset that couples most often commingle is cash. That is exactly what happened in the case of Sorgen v. Sorgen, which was recently decided by Florida’s Fourth District Court of Appeals (DCA). Attorney O. Reginald Osenton, who is not involved with the case, explained how the case illustrates the legal ideas behind it. “Mrs. Sorgen […]


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Irvine, CA (Law Firm Newswire) August 1, 2014 – California is the most expensive state in which to file for divorce. According to a new comparison of government data, the divorce filing fees in California can total $435 or more depending on the county — even more than the similarly high $400 fees charged in Florida and Minnesota. According to California divorce attorney and divorce mediator Gerald Maggio, the filing fee is often just the beginning. “The backlog of divorce cases in our family courts makes California divorce even more expensive.” Under California law, domestic violence and restraining order cases […]


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Brandon, FL (Law Firm Newswire) June 23, 2014 – A pair of courts in California are offering divorce programs in which the bulk of the legal work is done– and the divorce is granted — in a single day. The programs are intended for the large numbers of divorcing couples who either cannot afford to hire a lawyer or do not want to do so. A New York Times story on the quick-divorce programs quoted a family law judge as saying some three-quarters of those seeking divorce lack attorneys. Those couples often find their cases languishing in the legal system […]


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White Plains, NY (Law Firm Newswire) March 18, 2014 – People considering divorce as their 10-year wedding anniversary approaches should know that delaying the split until after the decade mark can result in higher Social Security retirement benefits for a spouse with a lower earning record. Consider an example of a divorced couple where an ex-husband had a higher earnings record than an ex-wife. If the couple was married for 10 years or more, the ex-wife can receive higher benefits based on his record, provided that she is age 62 or older and has not remarried. Even if the ex-husband […]


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Zephyrhills, FL (Law Firm Newswire) February 6, 2014 – A recent survey shows parents who divorce may be largely unaware of the impact the split has on their children. Netmums.com, a parenting website based in the U.K., conducted a survey of 1,000 parents and 100 children who have gone through a divorce. The survey showed a wide gap between the number of kids who had trouble coping with the divorce or who blamed themselves and the number of parents who understood that their children had these feelings. Zephyrhills divorce attorney Marcie Baker said the survey should serve as a wake-up […]


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Fairfax, VA (Law Firm Newswire) February 6, 2014 – A new bill in Virginia would institute a new, costlier child-support payment schedule. The new year could see a significant increase in Virginia’s child-support payment guidelines if a bill, introduced January 8 in the House of Delegates, becomes law. The measure has some policy advocates grousing that unmerited costs will be imposed upon non-custodial parents if it is enacted. The bill, HR 933, was crafted based on recommendations from the Child Support Guidelines Review Panel and would raise the basic child-support obligations of non-custodial parents. The amounts mandated by its new […]


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Fairfax, VA (Law Firm Newswire) December 30, 2013 – Planning one’s estate should be paired with planning one’s retirement, says a prominent estate planning attorney. Lisa McDevitt, a Virginia estate planning attorney with the McDevitt Law Firm, said that while many people only think of wills and trusts when they think about estate planning, they should actually be thinking about retirement planning at the same time. “Of course estate planning includes creating a will and any necessary trusts to ensure that your assets are distributed according to your wishes after you die,” said McDevitt. “But in order to make sure […]


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Fairfax, VA (Law Firm Newswire) December 20, 2013 – A prominent Virginia divorce attorney says that there are important factors to consider when one or both members of a divorcing couple are in the military. “Legally, members of the armed services are no different from anyone else when it comes to divorce, but there can be several additional factors to consider,” said Lisa McDevitt, an attorney who handles military divorce cases. The divorce process may take longer if one spouse is permanently stationed overseas or is on active duty in a remote region. Each state has its own domicile and […]


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Fairfax, VA (Law Firm Newswire) November 19, 2013 – Divorce law recently became an issue in the Virginia governor’s race. Terry McAuliffe, the Democratic gubernatorial candidate, launched a television ad drawing attention to the fact that Ken Cuccinelli, the Republican candidate, had supported a 2008 bill that would have placed restrictions on “no-fault” divorce in Virginia. Although the bill was not successful, the current back-and-forth between candidates on the issue has led to confusion. Prominent divorce attorney Lisa McDevitt clarifies the law on no-fault divorce in Virginia. “In the state of Virginia, a no-fault divorce is available to couples who […]


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Brandon, FL (Law Firm Newswire) October 30, 2013 – While not a requirement for divorce, Florida couples have two options available for legal separations. Unlike some other states, Floridians who wish to divorce are not required first to undergo legal separation. But some couples who feel divorce is in their future may wish to take an interim step. Separation does not have to be a formal legal matter, of course, but as Tampa divorce lawyer Kristi McCart explains, there are two options for those who wish to have a trial separation with rules in place. “The first option is a […]


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Zephyrhills, FL (Law Firm Newswire) October 28, 2013 – A slowly-improving national economy and rising home prices may be related to another trend: a climbing divorce rate. Unemployment continues its modest but steady decline, and home prices are rising nationwide at rates not seen since the mid-2000s. Meanwhile, divorces are climbing to pre-recession rates as well. Zephyrhills family law attorney Marcie Baker says that is probably not a coincidence. “Home prices have a lot to do with divorce rates,” Baker said. “Say a couple have a lot of equity in their home. Getting divorced often means selling the home, which […]


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Fairfax, VA (Law Firm Newswire) October 23, 2013 – Child support agreements should be very detailed, said a prominent Virginia divorce attorney. In order to obtain a divorce in Virginia, all issues between the parties must be resolved, and that is often done by agreement between the divorcing spouses. However, if the agreement is not detailed enough, then the parties may find themselves at odds later on, and this is particularly true when it comes to child support. “Divorcing spouses need to think about details such as who will pay for children’s extra-curricular activities, college costs, and medical costs, as […]


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White Plains, NY (Law Firm Newswire) October 2, 2013 – Financial advisors and estate planning experts are seeing an increase in the number of grandparents helping to raise their grandchildren. For many, the added financial responsibility means plans for retirement must be put on hold. More than 2.6 million grandparents were raising grandchildren below the age of 18 as of 2011, according to the U.S. Census. Many households are disrupted due to underemployment, divorce, mental health or substance abuse issues or chronic illness. When adult children are not able to fully parent their own children, other family members often step […]


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White Plains, NY (Law Firm Newswire) September 19, 2013 – Sudden wealth may be a six-figure sum for some estates, or may be a five-figure amount. What every amount of sudden wealth has in common is that it is a windfall of sorts, separate from the expected financial shifts and therefore outside the recipient’s financial comfort zone. It is one of those scenarios that so many people play around with: what they would do if an unexpected windfall appeared in their life, a large sum of money came their way due to an inheritance, contract, business sale, lawsuit, lottery win, […]


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Zephyrhills, FL (Law Firm Newswire) September 13, 2013 – Alimony awards are often the most contentious part of a divorce settlement. Income may be imputed – that is, attributed – to voluntarily unemployed persons for purposes of calculating alimony awards. Most individuals are capable of some kind of gainful employment. Many who are incapable, are beneficiaries of some kind of government assistance. But as Zephyrhills divorce attorney Marcie Baker points out, it is often the potential, more so than the reality, that influences the award of alimony. “If a spouse is capable of earning a living, the salary they might […]


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White Plains, NY (Law Firm Newswire) September 12, 2013 – Sudden wealth may be a six-figure sum for some estates, or may be a five-figure amount. What every amount of sudden wealth has in common is that it is a “windfall” of sorts, separate from the expected financial shifts and therefore outside the recipient’s financial comfort zone. It is one of those scenarios that so many people play around with: what they would do if an unexpected windfall appeared in their life, a large sum of money came their way due to an inheritance, contract, business sale, lawsuit, lottery win, […]


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Jacksonville, FL (Law Firm Newswire) September 10, 2013 – There are different types of alimony for different divorce situations in Florida. Alimony reform has been in the news in Florida recently, with Governor Rick Scott vetoing a bill that would have ended permanent alimony in the state. However, Florida’s alimony laws have already undergone significant reform recently, and different types of alimony apply in different divorce situations, according to prominent divorce attorney Richard D. Zasada. “Permanent periodic alimony still exists in Florida, but it is not the only type,” said Zasada. “Depending on the situation, durational alimony, bridge-the-gap alimony or […]


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