Divorce is a difficult process, often exacerbated by how long it takes to bring a divorce to a conclusion. With financial discovery and motion practice, and residual post-COVID-19 court backlogs, it can be several years before a divorce case goes to trial or is resolved by settlement. Add to that the fact that litigants, attorneys, and others involved in the case have life changes and events that can snag the process.
Discussing Finances When Getting Married Later in Life
One’s rights to share in a portion of a spouse’s assets differ from state to state, and, perhaps more importantly, are different if the marriage ends in divorce versus if death does them part. Upon a party’s death, there may be a guaranteed minimum distribution to a surviving spouse, and it may include not only assets accumulated during the marriage but prior to the marriage as well. Particularly if either party has accumulated assets, and if there are any children from a prior relationship, discussing plans for a party’s estate can be essential while the person is alive.
How to Navigate Co-Parenting and Have a Happier Divorced Holiday
During the holidays, as always, parents need to view the world through their children’s eyes. Every decision should consider how the children will handle it. If this is the first time the children are spending Christmas with only one of their parents, then the parents should be sensitive to that aspect. A child might worry about the parent they are not with. Take that worry away by giving the children a united, joint message. “Mom and I are so excited that you are going to be having Christmas with her this year! And then with me for New Years!”
Benefits of Mediation
We have all read and heard and maybe even experienced the horrors of a contentious divorce. Tensions and temperatures are soaring, anger is rampant, and incivility rules. Seemingly impregnable battle lines are drawn over every issue, from alimony to child custody, from who gets the Picasso to who gets the dog. The costs can be quite significant, and on top of all this, they can take a few years to be adjudicated and finalized.
There are options, however – and one that may be especially appealing is Mediation.
Preparing for a Divorce: How to Choose a Lawyer
With so many high profile divorces in the news – McKenzie Scott and Dan Jewett; Marjorie Taylor Greene and Perry Greene; and soon Tom Brady and Giselle Bundchen, you may be questioning the strength of your own marriage. In fact, whether you’re a celebrity or not, everyone going through a divorce has the same first question – where do I start?