Divorce Advice

The Ultimate Divorce Protection Program

There is no charge for this information. We work on a donation only basis.

We’re giving you access to a comprehensive program that contains our most important divorce advice.

In a matter of hours, you can have a step-by-step plan to protect your assets, children and future while reducing conflict, legal expenses, and damage, without being overpowered by an unreasonable spouse.

Our proven 3 step process helps transform you from apprehensive, overwhelmed and at risk, to educated, prepared, and empowered. Avoiding costly mistakes that could jeopardize your settlement and your relationship with your children.

This information can save you thousands of dollars in legal fees. You won’t learn these strategies from your attorney because they have a financial incentive not to share them with you.

Who this program is for:

1. Anyone heading toward, or in a divorce with a difficult spouse. See both our Difficult Spouse Test and Extreme Personality Types pages.

2. You feel apprehensive, overwhelmed and at risk.

3. You’re concerned your spouse will lie, intimidate, or try to take advantage of you.

4. You want the best settlement possible with the least amount of cost, conflict, and damage to relationships. 

5. You’re willing to invest a few hours of time to learn how to protect yourself, your assets, and your loved ones.

Who this program is NOT for:

1. You trust your spouse to be honest, fair, rational, kind and have your best interests at heart.

2. You want a judge that’s never met you, to make decisions for you and your child that will affect the rest of your life, instead of learning techniques to work through issues with your spouse. 

3. You understand that the legal system is set up to promote litigation to increase attorney fees, and you’re confident in your ability to manage your attorney to keep legal expenses down.

4. You know all the potential landmines and mistakes that could negatively affect your settlement and feel adequate to avoid those on your own.

5. You’re unwilling to invest the time necessary to learn how to protect yourself, your assets, and your loved ones.  

What’s the next step?

We encourage you to begin educating and empowering yourself today before the opportunity to prepare passes by. Although most of the strategies we share can be implemented later, some very effective strategies can only be implemented early in the process.  

Go to our Ultimate Divorce Protection Program page to get started. This is divorce advice that no one should be without!

*We are not attorneys, and this educational information is not Legal Advice."  

divorce advice specialists

Top reasons for divorce

The top reasons for divorce are complex and most couples cite multiple causes for the decision to divorce.

Top reasons for divorce according to the National Library of Medicine are:

75% Lack of commitment
60% Infidelity or extramarital affairs
58% Conflict and arguing
45% Married too young
37% Financial problems
35% Substance abuse
24% Domestic violence
18% Lack of support from family
17% Health problems
13% Religious differences
13% Little or no premarital education

• National Library of Medicine. List of Major Reasons for Divorce by Individuals and Couples Who Participated in PREP

After a Lack of Commitment and Infidelity, here are the next three top reasons for divorce

58% of couples report excessive conflict and arguing
45% believe they married too young
37% report financial problems as a major reason for divorce

You can see by the statistics that It’s typical for there to be multiple reasons for a divorce. Couples face many challenges in marriage. But over 69% of divorcing couples report that there is one "last straw" that pushes them over the edge and causes them to make the final decision to divorce their spouse.

The most common “Last Straw” causing divorce is infidelity, domestic violence, and substance abuse. When there was a last straw event, 24% of couples reported that infidelity was the catalyst for their divorce, 21% of couples reported domestic violence as the ultimate cause, while 12% said substance abuse was the deciding factor to divorce.

The Top Reasons for Divorce Explained

Lack of Commitment Is the #1 Top Reason for Divorce

A whopping 75% of all respondents cited a lack of commitment as the primary reason for their divorce.

What a sad commentary on our society that lack of commitment is the #1 reason for divorce. To begin with, many of us make a vow to each other and to God that we will love and stay with our spouse no matter what, until death separates us. Honoring that commitment sets the standard for unconditional love and forgiveness in a marriage. It also requires a lot of hard work!

Unfortunately, a great number of people aren’t willing to do the work necessary to build a good marriage. They think that love is a feeling instead of understanding that love is a choice, followed by actions, which lead to feelings of love. Feelings come and go depending on circumstances and other factors. Love and commitment are a choice.

You chose to marry your spouse because you loved them and wanted to spend your life with them. Hopefully you were wise and mature enough to realize that in every marriage there will be times of hurt, anger, disappointment, and difficulty. Overcoming those challenges is part of living out your commitment to your marriage and your spouse.

Marriages can be impacted when married couples experience poor communication, a lack of compromise, or the absence of kindness, empathy, trust, and respect in their marriages.

But to be clear, the success of the marriage requires both partners to be committed to the marriage. If one partner wants out, there’s no legal way to prevent a divorce proceeding. All too often, people find themselves in a life-changing divorce regardless of their belief system or efforts to save their marriage.

Another reason for lack of commitment is that many couples believe that divorce is the easiest way out of a difficult situation or relationship. In most cases, nothing could be further from the truth. Divorce affects every aspect of your life; lack of companionship, financial stress, shared responsibilities, children, where you live, lifestyle, family and friends, etc..

Infidelity is the #2 Top Reason for Divorce

Over 60% of couples cited a partner’s Infidelity as the reason their marriage union ended in divorce. Forgiveness of infidelity is one of the hardest betrayals for couples to work through. A marriage is supposed to be monogamous. When one spouse fails to honor this boundary and commitment trust is lost, and the marriage is usually destroyed.

Couples in marriages that experience infidelity usually end up divorced unless they seek help to restore those marriages. Couples that reach out for help greatly reduce the chance of ending up divorced.

If you need help working through and forgiving your spouse for having an affair, go to the following article: How to forgive Someone.

Constant arguing and conflict is the #3 Top Reason for Divorce

Excessive arguments compounded by poor conflict resolution skills can take a heavy toll on the relationship and lead couples to divorce. It amazes me how much we as a society are willing to invest in our physical health and appearance, but refuse to invest the time and effort necessary to learn better communication and conflict resolution skills to enhance and strengthen our marriage.

Marrying too young is the #4 Top Reason for Divorce

Getting married at a young age, can put you at a higher percentage risk for a divorce. You’ll likely still be developing key aspects of your personality and views about life. People grow and change as they age and mature, so it’s important for couples to grow together.

Signs that you may be growing apart from your partner can include no shared interests, having different life goals, and feelings of loneliness within the marriage. Growing apart can easily result in ending up divorced.

You can’t change the past if you married too young. But you can determine your future by working hard towards better communication and conflict resolution skills, building shared interests or hobbies, dating, supporting each other emotionally and working together towards shared goals. Spend time with couples that have healthy marriages that you would like to emulate.

Financial problems are the #5 Top Reason for Divorce

Unresolved financial challenges are a leading cause of marital conflict. Financial stress is hard on any marriage. So, it’s important to establish reasonable expectations that both of you can live with regarding money management and financial planning goals.

You should discuss who will pay the bills, how major financial decisions will be made, develop a budget, and learn the basics of money management before you get married. This can be especially difficult if one spouse is a “spender”, and the other is a “saver”. It’s an absolute catastrophe if both of you are big spenders but not big earners!

Substance abuse is the #6 Top Reason for Divorce

Another important factor to consider is if your future or current spouse shows any signs of an addictive personality. An addiction to drugs, alcohol, pornography, or gambling can drastically endanger your marriage. Take these warning signs seriously because the ramifications of these addictions often lead to divorce. If you’re already married get professional help asap.

Forgiving an addict is one of the most difficult situations to offer forgiveness in. They typically lie, steal and break trust repeatedly, destroying the relationships they have with others daily. At the very least, they break promises to themselves and family to give up whatever addiction is destroying their life. Very few marriages survive this. You do not want to go down this path.

Domestic Abuse is the #7 Top Reason for Divorce

Domestic abuse is a serious and dangerous crime. But nearly one out of every four divorces (24% in total) cite domestic abuse as a cause of divorce. Domestic violence can be any pattern of abusive behavior that’s used to intimidate or maintain power and control over the other spouse. In situations where legitimate abuse is a factor, the victim will need a strong attorney to represent them to ensure their safety and to negotiate on their behalf.

Unfortunately, claiming domestic abuse can also be used as a weapon against an innocent spouse or partner. According to court records, over 50% of all domestic violence claims made during the divorce process lack enough evidence to prove the assertion.

Lack of family support is the #8 Top Reason for Divorce

If your family doesn’t agree with your choice of a marriage partner, this can cause a deep rift in your relationship with your spouse. Many a married couple has ended up divorced because of problems with family.

Your family might exclude your partner, disrespect them, or in some cases cut you off from family events and connections because of your choice. This will likely cause feelings of isolation, loneliness, and grief because of lost connections. Many find this pressure difficult to manage, which could cause them to consider divorce as an option.

Health problems is the #9 Top Reason for Divorce

There are so many difficult marital issues that arise from health problems. Mental illness in the form of a severe personality can precipitate a divorce. This can adversely affect every area of the marriage relationship. Infertility can lead to divorce. Couples that face challenges having children are more likely to divorce if having a large family is important for one or both partners.

An accident or deteriorating health that limits the ability for physical intimacy or creates a demand for intensive caregiving by the healthy spouse can also lead to ending up divorced.

Religious differences are the #10 Top Reason for Divorce

Religious differences will affect people with a strong faith and core beliefs that actually influence their decisions about marriage, child rearing, finances and many other important areas of life. Religion can be an extremely import factor for most married couples.

Christians are warned in scripture not to marry someone that doesn’t share their faith in Jesus Christ. This is not to limit their choices, but to protect them from the inevitable conflicts that will occur if they marry someone that doesn’t share their faith and the principles that they live by and hold dear.

Regardless of what your religious beliefs are, be sure to marry someone that shares your beliefs and core values. Never marry them hoping to change them once you’re married. Many couples have ended up divorced by making this mistake.

Little premarital education and preparation is the #11 Top Reason for Divorce

Many couples avoid important conversations about how their marriage will work after they are married. There are two main reasons for this. The first is that they are in love and figure “it will all work out”. The second is that one or both want to avoid conflict.

Not discussing marriage expectations related to faith, having children, parenting roles, careers, spousal roles, finances, where you hope to live, and desired lifestyles will only delay difficult discussions. But another thing it will rob you of is the insight gained from experiencing how your intended spouse communicates and resolves conflict. It’s one thing for them to share their philosophy about these things and quite another to work through them in the real world.

Telling yourself that “things will be better after you’re married” is a sure sign that you shouldn’t be marrying this person. At least not until you’ve worked through things to the point that you’re confident in your choice.
The last thing you want, is to end up like a large percent of divorced couples because you avoided really knowing the person until after you married them. It’s way better to have never married the wrong person than to end up divorced.

Interesting facts about divorce

How Many Marriages End in Divorce?

Reportedly, approximately 50% of all first-time marriages end in divorce. That divorce rate varies between 40-50 percent. Second and third marriages fail at a much higher rate. The divorce rate for second marriages is 67 percent. And 73 percent of third marriages end in divorce.

These statistics seem to indicate that unless someone that has experienced a divorce does the work to figure out what went wrong in their first marriage, they simply take the baggage of that failed relationship with them into the next. This may be as simple as modifying your selection criteria to result in a better choice of a future partner. But you will also need to assess how you can improve yourself to be a better marriage partner should that opportunity arise.

Almost 70% of Divorces Are Initiated by Women

Women are far more likely to initiate a divorce than men. Nearly 7 in 10 divorces are initiated by the female partner in heterosexual relationships. People speculate on why the divorce rate percent is so much higher for women than men, but this percentage can be affected by multiple factors and no single one stands out.

Couples that Live Together prior to Marriage Are More Likely to Divorce

Living together before marriage seems to be a significant predictor of a future divorce. A total of 57% of couples who didn’t live together before marriage had a marriage that lasted 20 years or more. Only 46 percent of those who lived together before marriage lasted as long.

Most Couples Report not Understanding the Realities of a Marriage relationship

One of the leading factors contributing to divorce is a lack of knowledge about what a successful marriage relationship requires. In fact, 70 percent of couples reported they didn't really understand the level of effort, commitment, and compromise necessary to build a strong marriage before they got married.

All too often, they went into marriage hoping that their partner would “make them happy”. And they commonly thought that love was a feeling. Feelings come and go, but the commitment to love someone is a choice. But that choice and the consistent supporting actions because of that choice will lead to feelings of love.

Summary of top reasons for divorce

Lack of commitment, infidelity, arguing, immaturity, and financial pressures are some of the top reasons for divorce. But most of the time, there are multiple factors that contribute to the decision to divorce.

The good news revealed by all this information is if you’re still married you should now realize that your marriage doesn’t have to end in divorce. Much of what you’re going through is common to many marriages. And more importantly, there are positive steps you can take to guard against the most common reasons for divorce.

If you’re already divorced, this information will help guide you through an honest self-examination to learn from mistakes and develop better skills and expectations if you enter another relationship. This will greatly increase the likelihood of a successful marriage and decrease the fear of ending up divorced in the future.

Getting help for a better marriage

If you would like help avoiding or recovering from a divorce you can find valuable resources at Keeping Families Connected. There are personal growth resources that cover the following topics:

Section #1: Faith
Section #2: Healing from the devastating effects of divorce
Section #3: Dealing with your emotions and getting rid of baggage
Section #4: Marriage – don’t fall into old patterns with a new spouse
Section #5: Parenting skills
Section #6: Helping your children through divorce
Section #7: Parental Alienation
Section #8: Going deeper in your faith
Section #9: Music

More good news. There is hope. Most divorces are preventable if both partners are willing to spend the time and effort necessary to work on the marriage. There are many great resources, books, marriage retreats, counselors and clergy that can help.

None of the top reasons for divorce has the power to destroy your marriage unless you or your spouse refuses to work toward a better marriage.

What Are My Rights if My Name is Not on a Deed but Married

Divorce can be a tumultuous and emotional experience, especially when it comes to dividing property. Understanding the fundamentals of California’s property division laws is crucial for anyone navigating this process. In the Golden State, community property laws dictate how assets are split between spouses, which means that what you think you own may not necessarily be yours alone.

*The Basics of California’s Property Division Laws**

California operates under a community property system. This means that any assets acquired during the marriage are generally considered joint property, regardless of whose name is on the title. Upon divorce, these assets are usually divided equally between both parties. However, there are exceptions for debts and certain types of income or gifts received by one spouse alone.

*Separate vs. Community Property: What’s the Difference?**

Understanding the distinction between separate and community property is fundamental to grasping how assets will be divided during a divorce. Community property includes all earnings, purchases, and debts accrued while married—think homes, cars, and shared bank accounts. In contrast, separate property refers to assets owned prior to marriage or those acquired through inheritance or gifts directed specifically to one spouse.

This separation can become murky if separate properties have been mixed with community properties—often referred to as "commingling." For example, if one spouse used their personal savings (separate) to renovate a jointly owned home (community), determining ownership could be complex.

*How Courts Determine Equitable Distribution**

When courts assess property division in divorces, they aim for equitable distribution rather than equal division—meaning they strive for fairness based on various factors specific to each case. These factors include the length of the marriage, each spouse's financial situation post-divorce, contributions made by both parties (financially and non-financially), and overall health or age considerations.

Judges may also consider whether one spouse was more responsible for acquiring certain assets or if children require support that would impact financial situations post-divorce.

*Strategies for Navigating Property Division During Divorce**

Navigating through this intricate landscape can feel overwhelming; however, certain strategies can ease the process:

1. **Document Everything:** Keep thorough records of all transactions related to your assets throughout your marriage.

2. **Seek Legal Counsel:** Having an experienced family law attorney can provide clarity about your rights and obligations.

3. **Collaborate When Possible:** Consider mediation as an alternative dispute resolution method that promotes cooperative solutions.

4. **Be Prepared for Compromise:** Flexibility can lead to better outcomes; sometimes walking away from something you thought was essential may save time and emotional energy in the long run.

*Common Myths About Property Division in California Divorces**

Many misconceptions surround property division in divorce proceedings:

**Myth 1:** “Everything will just be split 50/50.” While California favors equal distribution of community assets, nuances exist depending on individual circumstances.

**Myth 2:** “If my name isn’t on it, I don’t own it.” Even if an asset is solely titled in one spouse's name but acquired during marriage with community funds or effort, it often remains divisible.

**Myth 3:** “Gifts from family are always off-limits.” Though typically categorized as separate properties when received by one spouse only during marriage, context matters—especially if commingled with community funds.

Understanding these aspects of property division in California divorces can empower you as you approach this challenging life transition. Equip yourself with knowledge and seek professional guidance; doing so will lay the groundwork for navigating this difficult process effectively!

California divorce laws

Sacramento Divorce Attorney: Your Ally in Legal Challenges

Going through a divorce can be a challenging and emotional time in anyone's life. When navigating the legal complexities of divorce in Sacramento, having the right support and guidance is crucial. This is where a Sacramento divorce attorney can be your ally in overcoming legal challenges and ensuring your rights are protected.

Understanding divorce laws in Sacramento is essential for anyone going through this process. California is a "no-fault" divorce state, meaning that you do not need to prove fault to obtain a divorce. However, there are still important legal requirements and procedures that must be followed. A knowledgeable Sacramento divorce attorney will guide you through these laws and help you understand your rights and obligations.

When looking for a Sacramento divorce attorney, there are key qualities to consider. Experience, expertise, communication skills, and empathy are all important traits to look for in an attorney. You want someone who not only has a deep understanding of family law but also someone who can effectively communicate with you and represent your interests in court.

A Sacramento divorce attorney offers a range of services to assist you throughout the divorce process. From filing paperwork to negotiating settlements and representing you in court, your attorney will be by your side every step of the way. They can also provide valuable advice on issues such as property division, spousal support, and child custody.

Child custody battles can be some of the most contentious aspects of a divorce. With emotions running high, having a skilled Sacramento divorce attorney on your side is crucial. Your attorney will work to protect your parental rights and advocate for the best interests of your children during custody negotiations or court proceedings.

Communication is key when working with a Sacramento divorce attorney. You should feel comfortable discussing your concerns, asking questions, and sharing relevant information with your attorney. A good attorney will keep you informed about the progress of your case and involve you in important decision-making processes.

One way to gauge the effectiveness of a Sacramento divorce attorney is through client testimonials. Hearing success stories from clients who have worked with the attorney can give you insight into their capabilities and dedication to their clients' cases. Positive testimonials can provide reassurance that you are making the right choice in selecting an attorney to represent you.

In conclusion, a Sacramento divorce attorney can be an invaluable ally during this challenging time in your life. By understanding the laws, finding the right attorney, utilizing their services effectively, navigating child custody battles with their help, maintaining open communication throughout the process, and seeking out testimonials from satisfied clients - you can feel confident that you have the support needed to navigate through your divorce successfully.

sacramento family law attorney

Ultimate Resource for San Diego Family Law

Family law matters can be complex and emotionally challenging, especially when it involves the well-being of your loved ones. In San Diego, understanding the nuances of family law is crucial for navigating legal processes effectively. Whether you are dealing with child custody and support issues, protecting your assets in a divorce, or seeking legal assistance, having the right resources and knowledge can make a significant difference in achieving a favorable outcome.

When it comes to family law in San Diego, it's essential to familiarize yourself with the laws and regulations that govern these matters. From marriage dissolution to child custody agreements, each aspect of family law plays a vital role in ensuring that the rights and interests of all parties involved are protected. By educating yourself on these laws, you can make informed decisions and understand your rights throughout the legal process.

Child custody and support are often at the forefront of family law cases, as parents strive to create arrangements that prioritize the best interests of their children. Navigating these sensitive issues requires careful consideration and strategic planning to ensure that both parents have adequate time with their children while also upholding financial responsibilities. Understanding the factors that influence custody determinations and support calculations can help you advocate for your children's well-being effectively.

In divorce proceedings, protecting your assets is a top priority for many individuals. Whether it's dividing marital property or determining spousal support obligations, safeguarding your financial interests requires meticulous attention to detail and thorough documentation. By working closely with legal professionals who specialize in family law, you can develop sound strategies to protect your assets during this challenging time.

Legal assistance is invaluable when dealing with family law matters, as experienced attorneys can provide guidance, advocacy, and representation throughout the legal process. From negotiating settlements to representing clients in court, skilled lawyers play a critical role in helping families resolve disputes effectively and efficiently. By enlisting the services of a reputable family law attorney in San Diego, you can navigate complex legal procedures with confidence and peace of mind.

Mediation and alternative dispute resolution offer families a collaborative approach to resolving conflicts outside of traditional courtroom settings. By engaging in mediation sessions facilitated by neutral third parties, families can work together to reach mutually beneficial agreements on various issues such as child custody arrangements or property division. These alternative methods provide families with more control over their outcomes while promoting amicable resolutions that prioritize cooperation and communication.

Empowering families through knowledge and resources is key to successfully navigating family law matters in San Diego. By understanding the intricacies of family law, seeking legal assistance when needed, and exploring alternative dispute resolution options like mediation, families can address their concerns proactively and work towards favorable resolutions that uphold their rights and values. With the right support system in place, families can overcome challenges confidently and emerge stronger from difficult circumstances.

San Diego Divorce Lawyer

Divorce Mediation In Encinitas

San Diego Divorce Mediation & Family Law proudly serves the Encinitas community with expert divorce mediation led by Scott Levin, a renowned San Diego Divorce Mediation Attorney. Specializing in mediation, Scott Levin helps Encinitas residents mediate divorce, focusing on fair settlements without litigation.

Encinitas Mediation Attorneys

Our mediation attorneys provide a calm, respectful environment for spouses to explore solutions, addressing issues like property division and child custody collaboratively. We aim to facilitate thoughtful communication and minimize litigation burdens. Since 2004, Scott Levin has been recognized as one of the best San Diego family law attorneys. With hundreds of 5-star testimonials on Google and Yelp, clients attest to our dedication and expertise. Scott, a Certified Divorce Financial Analyst, ensures that couples reach beneficial resolutions without the need to go to court, maintaining respect and fostering productive discussions.

Additional Services

We also offer premarital agreements, divorce financial analysis, and parenting plans, striving for fair, customized settlements.

Encinitas divorce mediation

Feeling heartbroken? A simple technique can help heal your heart

Are you feeling heartbroken? Yet another relationship is over, leaving you sad and hopeless about your future love life. You question your ability to “do relationship†and wonder if you will ever be able to love and be loved again.

Don’t despair. I know exactly how you feel and how to get out of it.

I have been there, several times, and I know how hard it is to believe it will get better.

At first, you may feel unlovable, or think you are not good enough, as your self-worth most likely has taken a dive. Those feelings may reflect themselves in other aspects of your life too, like your work and health. You are not as productive anymore. Your energy levels are low, and you feel like you don’t want to get out of bed, because life is so hopeless. A terrible feeling, isn’t it?

The good news is: “There is a way to get out of this… AND IT’S EASIER THAN YOU THINKâ€

When I was at my lowest, EFT (Emotional Freedom Technique) tapping was one of the things that could make me feel better instantly. At the end of the first session with myself, I had eliminated most feelings of worthlessness and started to feel a little less helpless again. By the third session, I had regained my self-esteem and self-confidence. I could start being productive and start living life again. By the end of the fifth session, I had stopped obsessing  about my ex and began focusing on my personal development and transformation.

From then on, my whole life has been transforming for the better (although in all fairness, it is not always a straight line up, I do want to be honest about that).

That’s when I decided I wanted to help other women going through a breakup or divorce to heal their heart and become whole again.

Check out my website to learn more about my story and how I can support you. 

Erna Hoek 

Feeling heartbroken? A simple technique can help heal your heart

Are you feeling heartbroken? Yet another relationship is over, leaving you sad and hopeless about your future love life. You question your ability to “do relationship” and wonder if you will ever be able to love and be loved again.

Don’t despair. I know exactly how you feel and how to get out of it.

I have been there, several times, and I know how hard it is to believe it will get better.

At first, you may feel unlovable, or think you are not good enough, as your self-worth most likely has taken a dive. Those feelings may reflect themselves in other aspects of your life too, like your work and health. You are not as productive anymore. Your energy levels are low, and you feel like you don’t want to get out of bed, because life is so hopeless. A terrible feeling, isn’t it?

The good news is: “There is a way to get out of this… AND IT’S EASIER THAN YOU THINK”

When I was at my lowest, EFT (Emotional Freedom Technique) tapping was one of the things that could make me feel better instantly. At the end of the first session with myself, I had eliminated most feelings of worthlessness and started to feel a little less helpless again. By the third session, I had regained my self-esteem and self-confidence. I could start being productive and start living life again. By the end of the fifth session, I had stopped obsessing  about my ex and began focusing on my personal development and transformation.

From then on, my whole life has been transforming for the better (although in all fairness, it is not always a straight line up, I do want to be honest about that).

That’s when I decided I wanted to help other women going through a breakup or divorce to heal their heart and become whole again.

Check out my website to learn more about my story and how I can support you. 

Erna Hoek 

broken heart

Property and Asset Division in Divorce Cases

In every divorce case, no matter the circumstance of the parties, there will be a division of assets. Many individuals believe this is a basic "split the baby" determination. Nevertheless, that is not constantly the case. For checking account and joint debts, you might be able to do that. Nevertheless, when it pertains to retirement accounts, real estate, and service payments, the formula is not that basic. Each of these categories has its own distinct set of issues, and you will absolutely require an attorney to help you piece this together.

Retirement Accounts and Pensions

In cases where separating parties have retirement accounts or pensions, those assets are subject to division as part of the divorce as they are considered marital property. Nevertheless, pension and retirement accounts are considered and divided in a different way, and there are methods to make sure that you are getting present day, actualized worth for your granted portion. Determining what the "marital portion" of those accounts can frequently be the very first problem. Where the entirety of the value in the accounts has been earned completely throughout the marriage, the problem is basic. Where the asset existed prior to the marital relationship, but cash was placed into or made by the account during the marriage, determining what makes up the "marital part" can become really complicated. A lawyer will assist to make the very best arguments about what makes up "marital assets" in the account, and will also know the proper experts to consult and evaluate the accounts to help make that determination. In most cases, having a specialist carry out an account assessment to identify exactly what amount of cash is marital, can guarantee that you receive the optimum quantity.

First, you need to know the difference in between what are called "defined contribution plans," typically called 401ks, Individual retirement accounts, CMAs, 457b, and 403b strategies, and "specified advantage strategies" which are pensions. With specified contributions, today worth of the account is the "actualized" worth. The problem that occurs is identifying the quantity of that worth that accrued throughout the marriage, if the account was in existence prior to the time of the marital relationship, and if the account existed prior to the marital relationship, is it marital property at all, or does it satisfy the requirements for being thought about "different property." Again, if you have that situation, you must speak to an attorney about these issues.

With defined contribution plans, an expert can determine the worth of the marital and non-marital parts and provide an opinion on the marital part's worth that undergoes division. With defined benefit plans, or pensions, things can become much more complex. In numerous divorces, the primary payee of the pension has actually not retired, and will not retire for a long time. As a result, you can not merely identify today worth of the strategy. A specialist is needed to figure out the actualized worth of the account at the time the primary payee will get the advantage, and just how much of that value will be awarded to the alternate payee. Any boost in the worth of the specified benefit strategy after the date the divorce judgment can be segregated and not consisted of in the future contributions to the strategy. This is usually done by entry of a Qualified Domestic Relations Order, commonly called a QDRO or EDRO.

In either event, you will wish to work with an attorney who can encourage you, and who can put you in touch with the appropriate professionals to correctly carry out such appraisals. Specialist viewpoints are considered very favorably by most Courts in the family law arena, especially when it comes to account and property valuations. The expense of funds to make these determinations is frequently worth the expenditure, for a number of factors, not the least of which is to guarantee that, if your opposing partner works with a professional, and if they are the party with more assets they likely will, you aren't the party on the outside searching in.

Real Property Assessments

Another location where people typically make mistakes are with the sale of real property. Whether you only have your marital home, or you own multiple houses or industrial properties, there are too many people who just take what they paid for the property, minus any liabilities on the property, and decide to use that as the existing worth of the property. That mistake can cost you a substantial amount of cash. A lot of great divorce attorneys will tell you that you must not make a decision about the worth of any real estate that becomes part of the marital estate without taking specific actions. Among those would be to get an appraisal of the property. Good family law lawyers will know a number of appraisers and their preferences about property assessments. Depending upon whether you want the property to be valued high, or low, you will want to go over the appraisal of the property with a lawyer prior to deciding.

You may find that the value of the home from ten years ago when it was purchased has actually substantially increased. If your opposing spouse wishes to keep the house, understanding about that substantial increase can net you a significant increase in your equity buyout. If your home is to be sold, an increase in the worth will result in your getting a bigger share upon sale. In some scenarios, divorcing parties own several houses. In those case, understanding the present values of your houses can help make better choices about offering or keeping some or all of those properties as part of the settlement. In those cases, appraisals and appraisal reports documenting the basis of that appraised worth can be substantial.

The very same can be true, and in some cases more so, if the parties own a business building, or a rental property. Oftentimes, industrial property appraisals lead to significant valuations. In many cases, commercial properties can be worth large sums more than home. In a case we litigated recently, the one-sixth valuation of marital interest in an industrial property deserved more than the one-half value received from the sale of the marital house. Having a commercial appraisal done on the property is very important, and your lawyer can counsel you on how to have one done and on who your finest alternative to utilize for that service might be, given your individual truths and circumstances. Business appraisal reports are generally lengthy, detailing the basis for the appraisers identified worth. In the event of lawsuits, having that report together with the expert's testament can supply a strong basis upon which the Court may rely in making a decision on value. In both situations, it is very important to have a lawyer who can assist you determine the best prepare for protecting your interests and maximizing the value you can get as a result of your property split.

Company Assessments

Numerous divorce litigants do not know that the other partner's service is actually, oftentimes, a marital asset, to which they are entitled to get one half of the worth. Whether it is a dining establishment, medical practice, law firm, or accounting group, oftentimes, the business may be a marital asset that goes through division. While the parties might merely agree on a value to put on the business, doing so usually results in a substantial loss to among the parties in the property split. In these situations in particular, you will require the help of a lawyer, who can help discover a professional to properly review the business, its assets, its debts, profit and loss statements, tax return filings, expenditures and correctly reach a conclusion about the worth of business.

Having an expert and an attorney to do the essential work to discover a proper value on business is of the utmost significance. In most cases, business itself can be the most considerable asset in a divorce matter, and typically parties don't even think about the business as a marital asset. Do not make that error. If either party has a service, whether it is you or the other partner, you are most in need of a lawyer to offer you correct guidance, to try and guarantee that you are not cheated out of your share of marital assets. We have actually managed cases for clients where the difference between having the business assessment and not changed the worth of the estate in our client's favor by hundreds of thousands of dollars. Our experience and connections to the right specialists can assist to make sure that you get the property settlement you are worthy of.

If you are planning to declare divorce, or are already participated in divorce litigation, give us a call. We can assist put a strategy in place that will guarantee you the best possible result as part of your case. At our company we have handled small and large asset divorces, and our method ensures that, whatever the size of your marital estate, we can maximize your result.

Child Custody Motions – Requirements and Pitfalls

Lots of people who get divorced, whether they have a lawyer or not, think that when the divorce judgment is entered, the case is over. If you do not have children, lot of times that holds true, yet in family law, absolutely nothing is forever. Numerous Courts won't tell you that, and numerous lawyers that exercise family law won't encourage customers regarding the fact that custody, parenting time, child support, and failures to follow the terms of a judgment of divorce, along with a list of other possible problems, are all reviewable by a Court and can change, if one party can prove to the Court that a change is necessary. Besides child and spousal support, one of the most typical post-judgment motion for alteration of a judgment in family law cases includes custody of a child or multiple children. When these motions are submitted by unrepresented individuals, or by legal representatives who are not aware of family law, they are often gratuitous or aren't actually asking for a change in custody, however instead, are looking for to enhance or decrease one party's parenting time.

What is Child Custody?

While this may feel like an easy or foolish concern, it suggests something very specific in Michigan law, and is commonly misunderstood by both litigants and attorneys that exercise in this field. In Michigan, the term "custody" is used as the colloquial for what family attorneys called "legal custody." The term "legal custody" in its most basic iteration means, that gets to make significant choices for the child, such as where they go to school, should they have a major medical treatment, or where does the child go to church and in what religious denomination should they be raised. Normally, the Courts defer to a joint legal custody model, which permits both parents to have input in these choices, and require that both moms and dads talk about those issues and agree before a decision is made. Often, what we call legal custody in Michigan is not what people think of first when they talk about or think of child custody. Most individuals consider who physically has the children with them and for what quantity of time. Informally, this type of custody is referred to as "physical custody." In Michigan, while numerous Courts acknowledge motions for changes to physical custody, in Michigan, the term "physical custody" is not normally identified as the suitable terminology to utilize for this principle. Instead, the Judiciaries and most attorneys who practice in this area, talk about "parenting time," when identifying just how much time each parent should have with the minor children.

Evaluating Modifications in Child Custody.

Initially, litigants need to recognize what they are asking the Court to do. When a parent wishes to make a motion to change custody, good attorneys will certainly make certain to discover specifically what it is the customer wants to do. Sometimes, a motion to increase or reduce parenting time is better suited, and sometimes, is much easier to confirm. Sometimes, a party may only want to ask the Court to make a decision on a legal custody problem where the moms and dads can not agree, despite the fact that they might normally agree regarding other decisions. Some instances would be a change of school districts (change of schools motion), or a motion for one parent to move more than one hundred miles from the child's current county of residence (change of domicile motion). Much of those sub-categories of change of custody motions have certain and different requirements that should be confirmed to the Court in order for a party to be successful. However, when a parent does in fact wish to change legal custody of a child, there is a set of legal procedures that a party should show the Court both in their motion, and, inevitably, through proof provided at a hearing.

Custody Hearings Require Process and Patience.

Telling the Court that the other party misbehaves and will not agree with you regarding anything is not going to be enough to alter legal custody, even if that holds true. The other party will just say you are at fault and the Court will have no way to choose who is truly the bad actor. In those situations, the Court simply shakes its finger at both parties and says "get along and discover a way to make things work." In cases where one parent actually is the bad actor, that result is extremely irritating. Instead, there is a process and procedure whereby custody motions should be presented and argued, which a seasoned family law lawyer can provide assistance in doing. In all custody motions, the party that wants a modification needs to reveal that that there has been a "change in circumstances" that has actually happened since the last custody order was entered by the Court. The change can not be an average life adjustment (puberty, changing from middle to high school, getting braces), but should be substantial adjustment in the life of the child that has an influence on their each day life. Because each circumstance is special, litigants should speak to counsel concerning their situation before figuring out whether the change that parent is declaring satisfies the legal requirements. If you can show an adjustment in situations, after that the Court has to determine whether the child has an established custodial environment (ECE) with one, both, or neither parent. An ECE exists where the Court finds that the child or children look to the parent for love, assistance, affection and the necessities of life. The ECE resolution by the Court establishes the standard of proof the relocating party will need to reach in order to obtain the requested adjustment of custody. If the Court determines that the ECE will not change as a result of approving the moving party's motion, then the standard of proof is a prevalence of the proof (simply a little bit more than 50%) that the modification of custody would certainly remain in the child's best interests. If the ECE will transform as a result of the motion, then the standard of proof is clear and convincing evidence (simply a bit less than the criminal standard of beyond a reasonable doubt and considerably greater than preponderance of the proof) that the adjustment would certainly remain in the child's best interests.

Best Interests of the Child Standard.

If a change of circumstances has actually been shown, and the Court has made its decision pertaining to established custodial environment, after that, despite the standard of proof, the Court will think about the best interests of the minor child. Numerous litigants believe that the more bad things they can say regarding the other parent, the most likely they are to win. Nonetheless, that is often not true. As a matter of fact, the Courts usually pay little attention to the feelings of the parties for each other. Rather, they are concentrated on what is best for the child and the child's well-being. Oftentimes, if a moms and dad is vehemently and aggressively denouncing or attacking the other party, the Court will certainly look upon that with suspicion, and will certainly frequently start an inquiry as to whether or not the hostile parent is claiming negative features of the other party in front of the child. If the Court believes that is happening, that can back fire, and cause the parent looking for the modification to actually lose parenting time or potentially custody of the child where they had started attempting to acquire more. The Court is not curious about the back and forth between parents. They must concentrate on the twelve best interest factors set forth in the Child Custody Act when making their decision concerning just how to decide a custody motion. An additional typical mistaken belief is that the variables are a simple mathematical calculation: if more factors favor one parent than the other, the parent with more should get custody. The Courts have specifically declined this kind of mathematical computation, and instead, have actually reviewed the complicated interaction of the factors and the weight that Courts should offer to each one.

Bottom Line.

Custody motions are complicated. Many litigants are ill equipped to handle them without legal support. Whether you desire to file a motion, or if you are defending one, seasoned legal guidance is necessary. Family law lawyers understand the intricacies of these motions and what it takes to be effective in submitting one. If you are thinking of filing such a motion for a change of custody, parenting time, or any one of the sub-issues that emerge from legal custody disagreements, your best option is to speak with a seasoned family law lawyer who can help you make the best decision for your conditions.

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What To Know When Your Divorce Includes Child Custody

Single parent homes have actually become extremely typical in America. Today over 23 million children reside in a single parent home. Going through a divorce can be hard, and when a child is involved, it can be even more challenging and stressful. If you have a child who is under the age of eighteen, the problem of custody will be a part of your divorce procedures. Considering that child custody concerns are made complex, it's worth being aware of all the issues that you can encounter. That's what we're going to take a look at today.

How Do You Reach A Custody Arrangement?

If you're going through a divorce, there a number of manner ins which you can reach a custody agreement. It is important to make certain that you seek legal advice before you take any advances here. You need to be sure that you are making the ideal choice. Once you have done this, you can reach a casual agreement utilizing an arbitrator or with the decision of a judge.

When an agreement has been reached informally, this will lead to a binding written legal agreement. This can have different names including a parenting agreement. The arrangement will be revealed to the court where it then ends up being a binding contract. At this point, the parents need to accept the terms.

It is possible to reach these kinds of arrangements with no help from a lawyer. However, if you wish to make certain that you do get custody of a child, this is not advised.

If a lawyer is involved, this will usually take the form of a mediation, which happens outside the courtroom. These situations are less adversarial with a neutral party managing disagreements. Each parent and lawyer will be offered with an opportunity to make their case, and ideally, the arrangement will be shaped through teamwork. There is a give and take to the procedures before the conciliator, or neutral party draws up a plan that will be completed through court.

What If An Agreement Can't Be Reached Through Mediation?

At this moment, custody needs to be dealt with in court. A family court will figure out the custody strategy in this case, and Michigan courts use a 'best interest of the child' standard. Eventually, this simply means that the child's requirements are put first, however, the aspects that are taken into consideration can differ from court to court.

A few of the aspects that can be considered consist of:

Living circumstance of individuals parents

Relationship with children

Determination of parent to support their spouse

Abuse or neglect

Some courts will also consider the child's choice. This generally suggests that an older child will be permitted to voice their opinion on who they want to stick with in court. Other courts will take a look at whether or not the parent can provide a stable way of life for the child as well as the age of the child in question. Some judges have leaned on the concept that younger children need to be with their mother.

What Are The Types Of Custody Arrangements?

There are a couple of kinds of custody plans that you can argue for or that a judge can decide on:

Physical custody-- This means that a child is enabled to live with you after a divorce. This can be a shared agreement with both parents acquiring this right. Typically, this is usually the preferred method by the court. It's important to be conscious that this does not need to be an equal split and one parent can be given custody for the majority of the time. If parents are unable to agree on a schedule, the judge will set one up.

Sole physical custody merely indicates that a child will live fulltime with one parent. While this does provide stability for the child, it can be incredibly hard for children to lose the other parent from their life.

Visitation Rights-- In a custody agreement, there will be a visitation schedule that both parents are legally needed to follow. This implies that parents can not take their child away from their partner without their authorization. In particular cases nevertheless, visitation rights can be restricted for one parent. This is generally the case if there is the risk of harm or a concern with abuse. Visitation rights can be challenging to understand, particularly when it comes to the rights of extended member of the family. If you are in any doubt about your rights after a custody agreement, make certain you speak with your lawyer.

Legal Custody-- Do be aware that physical custody does not offer legal rights to make decisions about your child's upbringing. For this, legal custody needs to be provided to an individual parent otherwise it will be shared. This includes decisions on education, religious direction, and healthcare. Usually, shared legal custody is the basic result. Nevertheless, there are cases where one parent will be supplied full rights here.

Are There Emotional Issues?

There will always be psychological issues to contend with when a child belongs to divorce procedures. It is very important that they do not feel like a tool in a legal fight which they are not used by one parent versus the other. There are a few methods you can make your divorce simpler for your child. Make sure that you are always considerate of one another through the proceeding. Children must not see you shout, verbally attack each other or threaten violence.

Children are mentally dependent on the concept of their parent's relationship, especially when they are younger. You need to ensure that they know the separation has not been triggered by them and that you both love them regardless of the divorce. Ensure that they are involved in the divorce procedures as little as possible. Do not attempt and motivate them to choose a side as this can trigger severe stress and anxiety for the child. It's important to choose the ideal lawyer who can assist you through all these concerns and make sure that your child is secured from the negative concerns of a divorce.

We hope this helps you comprehend the aspects of child custody throughout a divorce case which it permits you to avoid a few of the typical problems.