Columbia MO Divorce Attorneys Blog

Breaking through the myths about mediation

2013-05-15T18:50:03Z

When making the important and often difficult decision to divorce, many people feel overwhelmed by the number of decisions that have to be made. Chief among these decisions is whether the process will be best served by litigation or mediation. While litigation is the traditional route, mediation is a way to greatly reduce the costs associated with divorce and attain a settlement that fits within the needs of the family.

Through litigation, costs may reach upwards of $30,000 while mediation could see a price tag of $3,000 to $5,000. With so many pros to choosing mediation, it is a wonder most people don't choose this route. It is most likely due to the fact that there are many myths about this process. One myth is that the mediator takes the place of legal consultation. Another myth is that a spouse must 'served' with divorce papers, which can be highly embarrassing and is far from necessary. Many people also believe that all issues need to be resolved during mediation. The truth is that settlements can address many issues and leave some to be decided at a later date.

]]> Also, despite popular belief, you do not have to be in the same room as your spouse as most mediations can be conducted separately. Another myth is that you won't be able to consult with a team of experts and will have to make decisions alone. In truth, the mediator is just part of an available team that may help you through this process. And lastly, some people believe they will only receive legal advice from a mediator and not a lawyer. This is false because mediators do not issue legal advice. In most cases, they will encourage you to seek true legal counsel.

It is important to consider consulting with a divorce attorney whether or not you have chosen to use mediation. An experienced divorce attorney may be able to help you decide which issues to mediate and whether or not litigation may be required.

Source: Huffington Post Divorce, "Mediation Myths and Misunderstandings That May Affect Your Decisions in Divorce", Diane L. Danois, May 10, 2013

How an attorney can help you safeguard assets in divorce

2013-05-10T18:38:02Z

Residents of Missouri may be interested to learn that the divorce of Kim Kardashian and Kris Humphries came just a few months after the wedding, and the Kardashian mogul had to take steps to protect her assets in the divorce. The marriage lasted 72 days, and he asked for a share of his wife's assets in the divorce. While a settlement was reached between the couple, a complex asset divorce was avoided because she knew how to protect her assets.

Ms. Kardashian had help as she moved through the divorce process and severed ties with her husband. Celebrity attorney Laura Wesser worked closely with her to protect her assets in the divorce. Understanding the steps they took before and during the divorce can help anyone facing a high asset divorce protect their accounts and personal interests.

]]> It is important for spouses to understand each other's finances before entering the marriage. With a clear picture of assets, retirement plans and real estate, a couple can have a solid prenuptial agreement drafted that will protect both of their interests. It is also advisable to keep credit separate. One person's bad credit can harm another's when they start applying for joint credit, and joint bank accounts are often disputed as property interests discussed in the divorce. However, separate accounts protect credit ratings and make it easier to protect personal assets.

At the same time, any property purchased together during the marriage should have both names on it to help make asset division more equitable in the event of a divorce. Experts also recommend keeping records of all financial documents for accounts, home appraisals, life insurance policies and even retirement plans. People with large assets should strongly consider a prenuptial agreement to protect their finances. Finally, people are urged to change their will as part of the divorce process to ensure that assets go to the proper heirs. Attorneys in Missouri may help engaged couples draft prenuptial agreements, and they may also work with divorcing couples to help ensure that their assets and personal interests be protected.

Source: Go Banking Rates, "6 Ways to Protect Your Assets and Bank Accounts from a Nasty Divorce Like Kim Kardashian Did Read more: How to Protect Your Assets in a Divorce Like Kim K Follow us: @GoBankingRates on Twitter | GoBankingRates on Facebook", Stacey Bumpus, May 05, 2013

Some advocate dissolution of permanent alimony

2013-05-01T18:53:34Z

Many states still have permanent alimony laws that entitle one spouse to support for the rest of his or her life. In a high asset divorce case, this could feasibly mean that the supporting spouse pays thousands of dollars per month for life and that the spouse receiving the support might receive alimony for more years than the marriage existed. Opponents say that these laws need to change to reflect modern social and economic realities.

Permanent alimony is typically awarded in cases in which the spouses have been married for a long time, but some states, including New Jersey, Florida, and Vermont, may award permanent support for marriages ending after as little as 10 years. Both men and women pay spousal support although the majority of those assessed with alimony payments are male.

]]> Opponents claim that permanent alimony has become an entitlement program that operates on unfair laws and rules. Even with government programs such as welfare or unemployment, there are limits to how much an individual can receive, and he or she is required to show honest efforts to find work. With permanent alimony, however, anyone receiving these benefits can simply take them with no consequences or requirements whatsoever. However, there may be problems with wholesale alimony reform. Studies show that divorce is overall more punitive for wives than husbands and denying women permanent alimony may punish women for remaining in the home for years and raising children, an effect of which most opponents might not approve.

A family law attorney in Missouri may be able to help divorcing spouses find answers to alimony, child support and other financial questions by working with them to reach a fair agreement. In some cases, one spouse may need the representation of a family law attorney to protect his or her interests as well.

Source: Yahoo Finance, "End Permanent Alimony Forever Say Opponents," Lauren Lyster, April 23, 2013

The changing face of divorce and its impact on women

2013-04-26T21:49:16Z

In Missouri and across the country, there was a time when most men earned more than their wives, so women going through a divorce would often ask for spousal support. While this continues to be the norm, it is slowly changing along with the work force. It is estimated that in 16 percent of dual-income households, the woman earns more than her partner. There is also a growing trend of women who have more personal assets than their husbands, and these women may have different needs in the event of a divorce.

Prenuptial agreements are important for any spouse who has more assets, regardless of gender. This agreement protects one's assets and determines what will be considered marital property during the property division that is part of the standard divorce process. Experts encourage women to keep some of their money separate to maintain some level of financial independence and control. They also recommend divorce-proofing a business with a prenuptial agreement or a domestic asset protection trust that will keep the spouse's business separate from marital assets. There are also buy-sell agreements and other types of trusts that can be used to help protect a business as well.

]]> If you are in a happy marriage, then you may not want to take any of these steps. It may seem like you are planning for your marriage to fail, and you may be concerned that your spouse will be insulted if you do. Women who are engaged to be married may be nervous about setting these safeguards in place for fear of offending the person they love.

However, it is important to take these steps. Prenuptial agreements are becoming increasingly common and accepted. A Missouri family law lawyer may help draft a prenuptial agreement that will help protect your inherited assets, items of sentimental value and even your business.

Source: Forbes, "Divorcing Women: When You Earn More Than Your Husband," Jeff Landers, April 10, 2013

Understanding mediation can help keep divorce on track

2013-04-19T15:01:10Z

Missouri residents who decide to divorce generally want proceedings to go quickly, and many seek help from a divorce lawyer to go through the process of dissolving a marriage. Individuals who hope to reduce the length of time it can take to obtain a divorce might consider choosing divorce mediation instead of going through a traditional litigated divorce.

The divorce process involves more than ending a marriage. There are properties and other assets to divide, alimony and child support to determine, and child custody and visitation to decide. Both parties need to disclose all pertinent information so that lawyers have the facts to formulate settlements and agreements. For a litigated divorce, the lawyers file motions and documents for issues with the court that has jurisdiction, and then they must wait for a certain number of days for a response in each instance before moving ahead. In contrast, the parties only focus on areas of dispute in a mediated divorce.

]]> The choices made during the divorce process can help ensure that it progresses more quickly and smoothly. Since the parties are not getting along to begin with, they often do not want to cooperate on disputes over details such as settlements, custody, alimony and child support.

However, disputes can make a divorce take substantially longer and cost more money in court and legal fees. With a litigated divorce, the attorney cannot reduce the time that the court system requires. Using a family law attorney for a mediated divorce allows the parties to have more control over the process, which can help to save a lot of time and money.

Source: Huffington Post, "Maintaining An Active Tempo In Your Divorce," Diane L. Danois, April 1, 2013

Lotto jackpot winner found to be delinquent on child support

2013-04-10T05:55:49Z

After a 44-year-old New Jersey man won his state's Powerball jackpot prize of $338 million, it was revealed that he was delinquent on child support payments. According to the sheriff's office of Passaic County, the overdue support payments dated back to 2009, and they totaled a grand sum of about $29,000. The sheriff also revealed that the New Jersey Lottery Division generally satisfies such of judgements prior to disbursing the prizes to their winners.

The authorities visited the man's apartment one day after he picked up a lump-sum check for $152 million, but nobody came to the door upon their arrival. The Passaic County Sheriff also said that the man may be arrested until his warrant is satisfied. The corner store where the winner formerly worked was found to be listed for sale, and the exact identities of which of his five children are eligible for support payments is as yet unknown.

]]> Like those in states such as New Jersey, Missouri family courts may order that overdue child support payments be automatically deducted from a parents' wages on a monthly basis. Although this is a last-resort method, it can be an effective way to obtain payments from parents who decide not to uphold their agreements.

Still, it can be difficult to predict how much child support will be necessary for maintaining a healthy home environment for one's children. Unexpected expenses associated with medical care or education may leave custodial parents with unsustainable financial responsibilities and serious stress, and the same burdens can manifest when the other party defaults. Many parents solicit legal assistance prior to going through their divorces in order to avoid such situations.

Source: KTSP ABC5, "NJ's Powerball Winner Owes $29K in Child Support," Cassie Hart, March 28, 2013

Steps to take before a divorce

2013-04-05T21:54:41Z

When Missouri residents are considering a divorce, they usually take their time before they decide to end their marriage since it can sometimes be a complex or potentially contentious process. When do finally make the decision to separate, however, they should take some financial steps to first prepare for divorce in order to minimize its financial impact.

First, they should review their credit report to ensure the information is accurate regarding their loans and credit card debt. The three major credit reporting agencies, Experian, Transunion and Equifax, will give people a free copy of their credit report every year. In addition, people can ask for a credit report from the website annualcreditreport.com.

]]> Second, they should organize their financial paperwork, including bank statements, investment information, credit card bills, car loans and mortgages. They will also need to print out copies of their income tax returns for the past several years. If needed, they should contact any companies directly to request online statements.

Third, they should open their own accounts while still married so they can begin to establish their own credit. This is especially true if one partner has a limited credit or employment history. Finally, they should put together a group of professionals who can help them during the divorce, including a lawyer, a financial planner and a coach. They can work together to ensure that their client receives the proper information during the divorce process.

People who are contemplating a divorce will need to make many decisions in order to prepare and plan for the future. A family attorney might be able to coordinate with a group of financial professionals who can help walk them through the challenges of ending a marriage and help them begin a fresh start in life.

Source: Philly Burbs, "Thinking of Divorcing? Some Financial First Steps," Loretta Hutchinson, March 20, 2013

How debt may affect a divorce

2013-03-28T17:34:52Z

Missouri spouses who divorce commonly have to decide how to divide any assets acquired during the marriage as well as address child custody or support issues. Further, it is now becoming more common for them to have to decide an additional issue as property division now requires that spouses assign debt acquired during the marriage.

With assets such as a car or the house, the liability belongs to all persons who sign the loans, regardless of who keeps the asset. The lender has a right to hold either spouse liable for repayment of the debt and is not bound by a divorce judge's order. There is usually a clause in consumer loan agreements requiring consumers to notify the bank if there is a change in their lives such as divorce. The lender can then review the options for allowing one spouse to take over any joint loans.

]]> Joint debt leads to problems when one spouse will not agree to take full responsibility for a jointly acquired debt or does not qualify for the loan individually. Many banks may not agree to convert a loan from a joint debt to a sole borrower debt as there is no law that requires them to do so. One option to avoid this problem is to use marital assets to pay marital debts if possible. Another option is to seek to refinance the loan with another bank, which could offer a fresh start.

One of the best ways to reduce the time and expense associated with divorce is for the spouses to reach an agreement on these important issues prior to filing the paperwork. A Missouri divorce attorney may be able to review a spouse's financial situation and advise him or her regarding asset division and other practical divorce matters.

Source: Business Today, "Till Debt Do Us Part: Divorces? Here's how to settle debt smoothly," Chandralekha Mukerji, March 2013

Older divorcing couples and asset division

2013-03-22T16:53:01Z

The aging population of Missouri and the United States has been increasing, which has resulted in an increase of gray divorces. Gray divorces, where a couple over the age of 50 files for divorce, accounted for one in five divorces as of 2009, which is double the number in 1990. Divorces come with financial and emotional challenges, but divorces among older couples have some unique hurdles, especially when it comes to property division.

When older individuals divorce, they usually have a larger and more varied amount of assets than younger couples. Additionally, people who are older are often close to retirement. This means that property division is more difficult and offers less room for error for couples who are more advanced in years.

]]> The biggest issue regarding property division is ensuring that assets are split up fairly and with enough liquidity. Stocks, homes and retirement accounts may have different values based on housing markets or fees associated with cashing them out. Additionally, if someone keeps a home but has no other income, they may end up having to sell it to pay their expenses.

When people of any age go through a divorce, it can be hard to make decisions because it is such a challenging time. This is why many individuals may find that speaking with a divorce lawyer is a good idea. A divorce lawyer could help someone understand what their options are as well as the pros and cons associated with them. Additionally, a lawyer may be able to help someone ensure that they receive an equitable amount of a couple's assets.

Source: Huffington Post, "Tips For Going Through A Gray Divorce," Howard Hook, Mar. 7, 2013

Methods for finding the value of one's home during a divorce

2013-03-11T22:01:55Z

One major issue that Missouri residents commonly run into during the process of getting a divorce is dividing their assets. When both partners are involved in the process of
property division, it is important that they assign accurate values to what they own. One of the largest assets most people have is their home. If one of the members of the divorcing couple intends to keep the home or the proceeds from the sale of the home after the divorce, it is essential that the actual value of the home is known.

If a home is under- or overvalued, a couple's assets will not be split fairly. The two best ways to determine the value of a home are to have a home appraisal done or have a competitive market analysis completed. Home appraisals are more expensive, but they are more accurate. During a home appraisal, a real estate agent will determine the precise and current value of a home based on its condition and its neighborhood.

]]> A competitive market analysis determines the value of a home by looking at the average value of other homes in the neighborhood and how much homes recently sold in the area have gone for. This will give a ballpark value of a home, but it does not take specifics into consideration and can be rather inaccurate if home values vary considerably in the area.

When individuals are going through a divorce, splitting assets like homes, bank accounts and retirement funds can be difficult, even if both parties approach the separation amicably. For this reason, it may be beneficial for someone getting a divorce to speak with an experienced divorce attorney.

Source: Huffington Post, "Three Ways To Value Your Home In A Divorce," Joseph E. Cordell, Mar. 1, 2013

Missouri bill looks to give fathers more parental rights

2013-03-08T03:09:46Z

A Missouri state representative has recently proposed a bill that would make some fathers eligible for expedited hearings in cases related to custody or visitation rights. If the bill passes, men who have a judgment of paternity, which is a legal finding that states a man is a child's father, would be allowed to request fast-tracked hearings when a violation of a child custody agreement is alleged. Currently, these are only available if the parents in question have divorced or separated.

The representative who proposed the legislation stated that it is not intended to diminish the importance of marriage as an institution. Instead, he states, it is in response to changes in the way that children are raised today since many unmarried people now raise children together.

]]> The Missouri Supreme Court has already stated that state courts cannot treat unmarried parents in a manner that is different from those who are married in regard to family law matters. According to a 2007 ruling, the court found that both married and natural fathers should be given the "same presumption of fitness in parental termination proceedings."

While most divorces are already difficult, divorces where children are involved can be exceptionally challenging. Parents going through a divorce or splitting up want to shield their children as much as possible from the process, but they also want to make sure that their children stay in a safe environment. For this reason, parents who are concerned about custody and visitation rights may benefit from speaking with a capable child custody attorney. The attorney may be able to help them protect their parental rights and ensure that their children are being taken care of as well.

Source: News Leader, "Bill targets custody disputes," Kevin Austin, Feb. 22, 2013

Managing a divorce and retirement

2013-02-27T19:44:05Z

More and more people in Missouri and beyond are divorcing later in life after decades of marriage. Dividing up marital property can be complicated in these instances, especially if couples are near retirement.

Many people anticipate that they will be enjoying the best time in their lives as empty nesters only to realize that they are no longer happy with their partner. From 1990 to 2010, the number of people choosing to pursue a divorce over the age of 50 doubled.

]]> Divorce at any age can be difficult. However, it becomes increasingly more difficult the older people are. That's because funding two separate retirements can cost between 30 and 50 percent more.

"You have the same pool of assets that has to sustain two sets of retirement," one financial planner said. "It can undermine good planning. You can have a well thought-out plan, and it will be undercut by divorce."

People who choose to divorce later in life may need to push back retirement by a few years in order to save up more money. In addition, people may need to adjust their lifestyles so that they have enough money put away for retirement.

People in Missouri and others elsewhere may find it beneficial to work with professionals as they go through the divorce process. For instance, working with a financial planner may be a wise choice.

In addition, as with any type of family law issue, people would be best served working with an experienced attorney. An attorney will work on behalf of their client to be sure assets are divided up in a fair and equitable manner.

Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013

Moving on after divorce

2013-02-21T17:19:40Z

Marriage is not something that people typically enter into on a whim. Similarly, the decision to pursue a divorce is not one that should be made lightly, especially for couples with children and those with high-value assets.

Going through a divorce can be very difficult. People in Columbia may not realize the emotional toll a divorce can have.

]]> While going through a divorce can be challenging, there are things that people can do to make the divorce process a little easier. For instance, one of the worst things a parent can do is put his or her children in the middle and make them choose sides. Bad mouthing a former spouse should be avoided. After all, despite people's feelings about their former spouse, they must acknowledge that they will always be one of their children's parents.

Rather than turning to a child for emotional support, people in Missouri and beyond would be wise to seek help through a support group or mental health professional. Even talking to a close friend can be helpful.

People should also be cautious about dating too soon. Learning to live without your former partner can be difficult. However, because it is often such an emotional time, people would be better served waiting before they jump into a new relationship.

Couples in Columbia and others living elsewhere may spend years trying to repair their marriage. While it is important to try to save a marriage, parting ways may be best in the end. Although one spouse may have a harder time accepting that, each person must learn to move forward with his or her life.

Source: The Huffington Post, "The 5 Worst Mistakes We Make During A Divorce," Dr. Jeff Gardere, Feb. 18, 2013

•· Our firm helps couples settle a variety of issues related to divorce. Please visit our Columbia divorce page to learn more.

Former congressman seeks child support modification

2013-02-13T15:38:33Z

Columbia residents may not realize that changes can be made to child support obligations even after a divorce is finalized. In some instances, the loss of a job or other financial hardship can make it impossible for a parent to stay current on their child support payments. In those instances, seeking a modification is wise.

A former congressman recently requested a modification. The politician lost his re-election bid last fall and has since remained unemployed. He is asking to have his child support obligation reduced to 20 percent of his income. Although he does not currently have any income, he says he anticipates he will be employed again in the near future.

]]> This isn't the first time the former congressman has run into problems with his child support obligations. According to The Huffington Post, his former wife filed a lawsuit, claiming that he owed her more than $100,000 in child support despite loaning money to his campaign and taking overseas vacations. Nearly a year ago, a judge dismissed the lawsuit. The family later released a statement which indicated that the former congressman had never fallen behind on child support.

Although the former congressman has been criticized, his choice to request a modification is a better alternative than falling behind on child support. People in Missouri and beyond have faced financial difficulties in recent years. Many people find themselves in tough financial situations at no fault of their own, as the former congressman claimed. A modification to current child support obligations may help some parents get back on their feet.

Source: The Huffington Post, "Joe Walsh Child Support: Ex-Tea Party Rep Says He Can't Afford Payments Post-Congress," Feb. 12, 2013

Study shows link between heavy drinking and divorce

2013-02-07T17:31:10Z

Most couples enjoy having a drink together every once and awhile. However, a new study shows that heavy drinking raises a couple's risk of divorce.

Close to 20,000 couples were studied over a 15-year time period. Researchers found that heavy drinking is a factor in a lot of divorces. In particular, a woman's drinking habits appear to have a greater effect on a couple's marriage.

]]> "The risk of divorce is estimated to be tripled when the husband's level [of] drinking is low and the wife's drinking is heavy, compared with couples where both drink lightly," one researcher said.

Alcohol consumption is just one factor in a couple's marriage. Couples in Columbia and others living elsewhere may face others struggles. For instance, couples may face challenges when it comes to money and parenting. Over time, couples may even find that their priorities have changed.

People may be under the false assumption that marriage is easy. However, as we've discussed in other blog posts, maintaining a marriage can be challenging. For some couples, there may come a time when it becomes clear that they can no longer remain together.

Couples who decide to pursue a divorce may feel an array of emotions. They may be sad, angry, scared and overwhelmed, especially if they have children together or share a number of high-value assets.

Because it can be an emotional time as couples are going through a divorce, it is best to rely on an experienced legal professional to help sort through a variety of matters. An attorney will work hard to settle matters in a fair and equitable manner.

Source: Fox News, "Heavy drinking raises risk of divorce," Stephanie Pappas, Feb. 6, 2013

•· Our firm works with couples throughout the divorce process. Please visit our Columbia divorce page to learn more.