A recent court order nullified a prenuptial agreement on the grounds that the husband made false claims at the time the document was signed. The judge also found that the wife was put under intense pressure to sign just one day before their wedding. The judge found that these acts constituted an imposition of undue duress on the woman and used this finding to disallow the agreement.
]]> As a result of this New York decision, many other individuals are now looking to see if their agreements can be amended or eliminated as well. However, it is unclear what implications this decision will have outside of New York. The decision may spur some local citizens a basis to at least examine their agreement to see if it may fall under the protection of Maryland law.A prenuptial agreement can serve an important purpose for many Maryland couples. The provisions outlined in this document can give a clear picture as to what can be expected in the event of a divorce. However, to ensure that these documents stand up to a court challenge, it is important to ensure that the circumstances surrounding the execution of the agreement cannot be questioned. In doing so, both parties can feel confident they are protected as they move forward.
Source: New York Post, "Divorce attorneys are suddenly challenging prenups after LI court shocker," Julia Marsh, May 13, 2013
]]>The end of a marriage is often an emotionally charged time, and in many cases there are factors involved that are deeply personal and hurtful. However, allowing one's emotions to dictate their financial decision-making is never a good approach, and can lead to serious negative consequences. One way to avoid misplacing one's focus is to rely on the advice of professional advisors to guide the process. For example, many spouses focus exclusively on retaining the family home, when in fact their financial interests would be far better served by selling the home and downsizing in the years immediately following a split.
]]> Another common mistake involves overspending on one's children. Divorce can be difficult on kids, but trying to address concerns by buying excessive gifts or taking costly trips is never the best approach. This is a time when children need to feel supported and secure, and spending more time with them is the best way to achieve those goals. Kids won't remember gadgets or toys acquired during a divorce, but they will be able to recall spending time with both parents and being reassured that they are loved, no matter the structure of their family.Perhaps the best piece of financial advice for Maryland couples going through a divorce is to remember that the end of a marriage is a process, and that the process has a distinct end. Focusing on the details of divorce-related issues may be time-consuming and stressful, but the ramifications of those decisions can greatly shape the lives that each spouse will move on to as single individuals. By framing divorce in this way, not only can spouses make better financial decisions, but overall stress levels can also be reduced, which is a benefit that is priceless.
Source: Ellwood City News, "Financial Concerns During a Divorce," Robert A. Powell, May 2, 2013
]]>While the costs of a college degree often accumulate after a child has reached the age of legal maturation, most parents plan to assist or with fully cover the cost of their child's college tuition and housing. When a marriage ends in divorce, the manner in which these expenses will be covered can become an issue of contention. The best way to ensure that educational costs are properly dealt with is to include the issue within the overall divorce process.
]]> As with many aspects of child custody and support, the manner in which college is financed can be as unique as the family in question. Some divorcing parents are content to simply include a clause in their divorce agreement stipulating that each party will be responsible for a pre-determined percentage of the total educational expense. Others will flesh out a more detailed agreement as to how that money will be invested, and what will happen in the event of a shortage or overage.By including college financing in the divorce negotiation process, Maryland parents can avoid confusion and stress as their children near the end of high school and begin applying for college. That process should be a time of pride and anticipation for both children and parents. Having the financial aspect of the process already covered can help everyone enjoy the experience for the rite of passage that it is.
Source: US News and World Report, "Discuss College Savings During Divorce Process," Reyna Gobel, April 29, 2013
]]>In most divorce cases, one person cannot be blamed entirely for the breakdown of the marriage. It may be that both people want different things or no longer share the same values.
]]> Racecar driver Danica Patrick filed for divorce in January. Just recently, her divorce became final. She and her husband had been married since 2005. In November, the racecar driver announced via Facebook that she would be ending her marriage.It appears that the divorce between the racecar driver and her now former spouse was relatively peaceful. They worked through their divorce with the help of a mediator. The divorce was finalized about four months after papers were filed. Part of the reason for the swift divorce likely has something to do with the fact that the couple had a prenuptial agreement and that they did not have any children together.
Danica Patrick's divorce is starkly different from another celebrity's divorce that we discussed in last week's post. Kim Kardashian was only married for 72 days. However, it took about a year and a half for Kardashian and her estranged husband to reach a settlement.
People often face a lot of challenges when they are going through a divorce. However, Danica Patrick's recent divorce shows that it is possible to move through the process in an efficient manner and that people can walk away from a marriage on good terms.
Source: USA Today, "Danica Patrick single again after divorce finalized," Jeff Gluck, April 25, 2013
]]>Today, a judge approved a divorce settlement. The couple will officially part ways once they have signed the proper documents.
]]> The marriage between Kardashian and Humphries was quite short. Some couples decide to divorce after decades of marriage. In any case, people may find that continuing on with the marriage is not an option.As this recent case showed, divorce is rarely a simple process. There are many different issues that must be settled before a couple can officially go their separate ways. The division of marital property, child custody disputes and child support issues can be complicated matters to resolve.
In addition to working through legal issues, people in Maryland and beyond often must deal with the emotional aspects of divorce. Even an individual who initiated a divorce may have feelings of sadness. After all, people who were married for a period of time loved each other at one point. Learning to move on without that person can be difficult.
In order to avoid major financial difficulties after a divorce, it is important for people to work through legal issues carefully. It is often best to rely on an experienced attorney. An attorney can help couples resolve their issues while making sure the client's interests are considered when it comes to major issues such as property division, child custody, child support and alimony.
Source: USA Today, "Kim Kardashian, Kris Humphries divorced at last," Ann Oldenburg, April 19, 2013
]]>In many Maryland homes, men make more money than their wives. However, because of the progress made by women in the workplace, some women make more money than their partners. Women in those situations may find a prenuptial agreement to be necessary.
]]> Putting a prenuptial agreement in place does not mean that a couple's marriage is likely to end in divorce. One legal professional refers to prenuptial agreements as "intelligent business plans."Women with significant assets may also consider keeping a separate bank account. Whether or not a divorce is in the future, a private bank account may help ensure a woman's financial independence.
Unfortunately, there is not one right way to enter into or work through a marriage. Each couple and each individual person in that marriage has to do what he or she feels is right. In some instances, that may mean signing a prenuptial agreement.
Whether or not a couple has a prenuptial agreement, going through a divorce can be challenging. Even if property division matters are settled in a relatively easy manner, people must still deal with the emotional aspects of a divorce.
It is for that reason why it is often a good idea to get help from professionals during and after a divorce. For instance, a mental health professional can help a person cope with the end of a marriage and an attorney can be sure that person's interests are protected.
Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013
]]>Earlier this year, research from the Norwegian Institute of Public Health showed that divorce is more common among couples in which one spouse drinks significantly more. This appears to be particularly true when the wife drinks too much.
]]> This is a trend that seems to be occurring in other parts of the world beyond the United States. A British family law attorney says that she handles many cases every year in which drinking was the main cause of the divorce. The attorney says that many times it is the women who have the problem.The breakdown of a marriage can be caused by a number of factors. Unfortunately, there is not a secret recipe that couples can follow for a happy marriage. Although couples may try for a long time to work through their differences, it may become clear that a divorce would be best for everyone involved.
No matter the reason for a divorce, parting ways with your spouse can be quite emotional. In addition to coping with the split, people in Maryland and others living elsewhere must work through a variety of issues. Couples must settle property division matters. Those with children must sort through child custody and child support matters. Although painful at times, a divorce may be the best solution for some couples.
Source: The Huffington Post, "Divorce Causes: A Rising Number Of Divorces Are Being Blamed On Wives' Drinking, Says UK Lawyer," April 3, 2013
]]>Maryland residents likely heard about a man in a nearby state who recently won $338 million in the Powerball lottery. The man said he planned to use the money that he won to help people in need. He may also buy himself a car. However, it appears that a portion of the money will be used to pay past due child support. According to reports, the man owes close to $30,000 in child support.
]]> No matter what state people live in, children should be raised in stable homes and given every opportunity to succeed. In order for them to succeed, though, parents need to follow through on their child support obligations.In Maryland, specific guidelines are used by the courts to determine whether or not child support will be granted and how much will be required to be paid. When one parent has failed to pay child support, steps can be taken to enforce child support orders.
In some instances, parents are unable to pay child support because of a change in their financial situation. In those cases, a modification may be granted. However, there are others that refuse to pay child support because they feel that child support orders were calculated unfairly. People in that situation should remember that their children are at the center of the dispute. In any case, seeking legal assistance would be wise.
Source: CNN, "Powerball winner wanted for child support," Lorenzo Ferrigni, March 29, 2013
]]>It is often wise for a newly single adult to assess their finances and create a budget. Going from two incomes to just one can be difficult. However, ignoring that fact can lead to major financial troubles.
]]> Part of budgeting may include putting more money in savings. For instance, it may be a good idea to begin putting more money into a 401(k) account. While it may mean fewer dinners out, putting more money into savings can be very beneficial whether you are married or divorced.Eliminating debt is also very important. With that in mind, people should also take a look at their credit score to make sure they don't see anything suspicious or inaccurate.
After a divorce, some people may be left without health insurance. Most companies will allow people to enroll in health insurance within 60 days. However, temporary insurance can also be purchased through a former spouse's company.
There are a lot of adjustments that need to be made after a person goes through a divorce. People in Maryland and beyond should not expect these changes to be made overnight. However, it is important for a person to take control of their finances as well as other aspects of their life after they have divorced.
Source: Fox Business, "Starting Your Financial Life Over After Divorce," Andrea Murad, March 22, 2013
]]>Couples who decide to separate prior to ever having walked down the aisle must take into account many of the same factors that divorcing couples do. Many states have differing laws on what to do with the engagement ring upon a break-up. Some consider the ring an outright gift, especially if given on a holiday, while others view it as a condition gift to be given back once the wedding is called off.
]]> In Maryland, as a general rule, the ring is considered to be a conditional gift that is to be returned to the giver should the recipient call off the wedding. Once married however, the ring is considered the property of the recipient and not marital property to be divided.If given on a holiday though, one can always make the argument that it was not a conditional gift, but as a real gift and therefore not subject to those rules and can be legally kept. Just one more reason among others not to propose on a holiday associated with gift giving such as Valentine's Day.
If you have any questions regarding the division of your property, drafting a prenuptial agreement to protect your property, or with any other general questions when going through a divorce or breaking off an engagement, please contact an attorney. Their depth of knowledge and familiarity with Maryland law will be of great help in protecting your interests.
Source: wdtv.com, "The Legalities of Love: Who Keeps the Ring?," Feb. 27, 2013
]]>The 50-year-old man pleaded guilty recently in an East Coast courtroom on two counts of failing to pay child support dating back to at least 2002. When the man first became delinquent, he fled to Florida in the hopes of avoiding the payments. Later he would flee to Thailand where he apparently became tired of living on the run and subsequently contacted authorities in the later part of last year.
]]> Back in November of last year, man flew from Thailand to the Philippines where he was promptly deported from back to the U.S. because he lacked proper identification. The man faces up to four years in prison and must still pay back the child support that is and will be due. Part of his plea agreement includes the waiver of his rights to appeal the guilty plea.The women who he owes the child support to prefer that rather than serving time in prison, that he is able to be free as soon as possible to begin earning an income to make the owed payments. He already has an offer to resume work in his old trade as a car salesman once he is released.
If you are having trouble receiving child support payments that are due to you, please contact a family law attorney. Their skills and knowledge will be able to help you address the issues at the center of the dispute in a manner that will best serve your interests through legal channels.
Source: Fox News, "Man dubbed nation's top deadbeat dad admits owing $1.2 million," Feb. 22, 2013
]]>In a recent unanimous decision, the Supreme Court ruled that the U.S. court system does not automatically lose jurisdiction on an international child custody case when the child no longer lives within its borders. In a case between a U.S. Army Sgt. and his now ex-wife who is from Scotland, an earlier court ruled that the soldier's appeal to keep his daughter in the U.S. was 'moot' due to her already living in Scotland with her mother.
]]> In its ruling which overturns that 11th U.S. Circuit Court of Appeals decision, Chief Justice Roberts suggests that while enforcement may be another issue, the courts do not lose their jurisdictional reach based on a child's being taken out of country. While the mother tried to claim rights under the 1980 Hague convention, Chief Justice Roberts said that if they had allowed her arguments to prevail, that there would have been precedent, and subsequently incentive, for future parents seeking custody to abduct their children and take them abroad to avoid the U.S. court system's reach.In this case, the Supreme Court affirmed the father's rights to make a claim to custody of his daughter with his international ex-spouse in order to best determine where his daughter should be raised and how. If you or someone you know is also struggling with either a national or international child custody dispute, please seek legal advice. A skilled and knowledgeable family law attorney will be able to best assist in looking at what legal options and remedies may be available.
Source: WVNSTV.com, "Court: US custody case not moot with child abroad," Jesse J. Holland, Feb. 19, 2013
]]>Of the divorce lawyers who were interviewed, the consensus seems to be that when going through the difficult divorce proceedings, it is best to (1) be truthful, (2) know your assets, and (3) choose your timing carefully. These three pieces of advice can go a long way in helping couples avoid a hasty end to the marriage that leaves money or future headaches on the table.
]]> 1. Be truthfulIf you are dishonest about either financial or non-financial aspects of your marriage, it may come back to haunt you in court and in your pocketbook. If you need to, hire a financial expert to help you sort thoroughly through your assets in order to make sure that all are accounted for accurately. This is especially important if you have a business or estates to take into account for the divorce.
2. Know your assets
If you have a business, estates, or a 401(k) make sure that all are accurately accounted for and discuss with your attorney how to best protect each. Also, if you had a prenuptial agreement going into the marriage, have your attorney review that document to ensure that it is adhered to correctly. Another document to check with your lawyer about is any wills, trusts, or other estate plans you may have created during the marriage. Different states have different laws regarding changing those prior to and after a divorce.
3. Choose your timing carefully
When you begin a divorce proceeding, it freezes your assets as well as your business and estate valuations from that point forward until resolved. If you are planning on expanding your business or need assets available to you, discuss with an attorney what timing may be best for when to proceed with the divorce. Most likely, the answer in those two instances will be the sooner the better to protect a bigger slice of the business pie from getting taken in the proceedings.
If you are thinking about a divorce, please consult with an attorney practiced in the area of family law. Their skills and knowledge will be able to help you best assess how to proceed.
Source: Fox Business, "Divorce Attorneys Share Their Tips to Avoid Financial Mistakes When Splitting Up," Kate Rogers, Feb. 19, 2013
]]>Divorce is definitely one of those processes that requires great effort to get through. It is never something that just happens, leaving no scars. Sometimes those scars are traumatic, other times, not. If you are struggling through a divorce in Maryland at the moment, whether it involves children or not, there are lessons to learn in the pain and suffering you may be experiencing. However, those lessons require an active effort on your behalf to truly be dealt with and not get stuffed away in a dark closet somewhere to take up negative roots in your life.
]]> To begin the healing process after a traumatic divorce, the first step is to acknowledge that it was indeed traumatic and that you lost something of value to you, whether it is your own personal pride or a love and affection that you made yourself vulnerable for and got burned by. After acknowledging that loss, you will be able to adequately grieve. Also, please keep in mind that when grieving, you do not have to do so alone. Friends and family can be helpful in getting you back on your feet, but also remember that professional help can often dig out the roots of the hurt more precisely. They may also be able to diagnose whether medicines are needed or would be beneficial to your recovery.Divorce is never trouble-free, and sometimes the after-effects appear years after the event, just like other traumas. By taking the lead on your life and tackling them as they arise with different techniques depending on the situation, you are taking charge of your grief and not letting the trauma dictate your future.
If you are contemplating going through a divorce or any parental rights proceedings, please contact an attorney. A family law lawyer will be able to help assess the best legal strategies to make sure that your interests are more than adequately cared for. They can be another one of those professional contacts that may be able to help greatly in getting you through the traumatic experience of going through a divorce.
Source: Huffington Post, "The Traumatic Divorce: 6 Ways to Heal," Mark Banschick, MD, Feb. 8, 2013
]]>For one Maryland lawmaker, his means of coping with the difficulties of his divorce lead to an increase in excessive drinking and a boating accident that injured several people. Delegate Dwyer says that his drinking began to increase toward the end of last year's General Assembly session when his wife and he separated and then legislation he had long worked on failed due to what he feels was a betrayal by his colleagues.
]]> While one perceived betrayal would be enough to make many seek solace in a bottle, it appears that the double whammy of the divorce and failed legislation took its toll on the lawmaker. Delegate Dwyer claims that he has since gotten treatment and no longer drinks.While going through a divorce or legal separation can be hard, it is never a good idea to seek comfort and escape from the situation in the form of substance abuse. There are resources out there to help you cope with the situation at hand and people that will come alongside you as you try to recover from your relational woes.
One of those resources can be a trustworthy family law attorney. An attorney that you can trust to come alongside you and be a zealous advocate for you throughout the process can help alleviate much stress and discomfort. Their skills and knowledge will help in guiding you through the legal process of the divorce or legal separation and provide peace of mind that your rights and interests are being cared for diligently. Please reach out to an attorney should you find yourself experiencing family turmoil that is headed towards legal separation or divorce.
Source: abc2news.com, "Md. Lawmaker says drinking increased after divorce," Jan. 12, 2013
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