Articles Posted in Separation

Divorce Law Firm in Charlotte North Carolina.jpgWe’ve said it before, but the trend known as “gray divorce” appears to be picking up steam. The numbers of senior divorces in the country continue to grow and with the baby boomers aging the amount will likely rise even faster.

Susan L. Brown and I-Fen Lin at Bowling Green State University’s National Center for Family & Marriage Research Center conducted research that indicated the divorce rate among those over 50 years old had doubled between 1990 and 2009. This shocking figure was true even for those over the age of 65 showing it is not a phenomenon limited to divorce-prone boomers.

These same researches are predicting that the trend will only continue to escalate. The reason is that those who have already been through one marriage and are now remarried are more than 2.5 times more likely to divorce again than those who are still on their first marriage.

The reasons for the trend are hard to nail down and include everything from the larger number of older people, the age those people are living to, a greater acceptance of divorce, rising female empowerment and an increased emphasis on living a happy life.

Regardless of the cause, the trend has important financial implications for those going through a late in life divorce. The first thing to understand is that single life can be expensive. It’s not a simple matter of splitting all the bills in half. There’s a magnification to dividing bills and separate households are much more expensive to run than half of a marital household.

Beyond living expenses are the ordinary legal expenses associated with divorce. New legal documents will need to be drafted, often more than if you had divorced at a younger age. Wills will need to be redone, health directives, insurance polices, etc. Make sure you have a skilled North Carolina family law attorney on your side; you want someone experienced and capable of handling things amicably. At that age there’s no reason to try to end up inside a courtroom, the process is too expensive and could mean that a stranger decides what happens to your belongings.

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Family on the Beach.jpgIf you’re facing the prospect of divorce one of the hardest things to deal with is likely how to tell your children. You worry how they’ll handle the news and fear that they will think it was in some way their fault. You may worry that they’ll lose the sense of stability they’ve come to depend on. It’s important when the time comes to sit them down that you both convey that you will still be there for them, no matter what happens in your marriage. The following are some tips on how to best handle a very difficult conversation:

• Agree on what you’re going to say
The two of you should find time to sit down before talking to the kids to decide on what you are going to say. Get your story straight so that no one contradicts each other. You don’t want to start arguing in front of the kids, you need to be a united front. If you need help communicating effectively as your relationship has broken down so far, consider going to a therapist or a religious leader who can serve as mediator.

• Tell them as a couple
If possible, you and your spouse should tell the children together, even if it’s hard. You may have a great deal of anger towards your spouse, but it’s better for the kids to put that aside and work together during this moment. Convey to them that though the marriage is ending, you will both work together and cooperate as parents. Make sure they know that you’ll both remain active in their lives.

• Be nice to each other (or at least pretend)

It’s important that when you talk to the kids that neither of you blames the other one for the dissolution of the marriage. Don’t attempt to curry favor with the kids, you don’t want to put them in the middle and make them feel like they have to choose sides. Both behaviors are unfair to your kids and can cause lasting emotional harm. It can also blow up in your face and make the child feel closer to the maligned parent.

• Be honest, but keep comments age appropriate
Be honest but remember the children’s ages when telling them the news. Avoid sharing any personal details about the split, they don’t need to know the nitty gritty details of your marriage. Tell them only as much as they need to know, no more. Don’t pretend everything will be the same, prepare them for some of the changes to come and don’t make promises you can’t keep. Make sure to explain that the divorce has nothing to do with them, this is crucial.

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money rolled up.jpgHere’s something that should not come as news to anyone going through the process: divorce can be expensive. When a couple decides to end their marriage, it is almost always for personal reasons but these emotional issues can quickly change into fights over money. The result can be financial destruction for both parties. Everybody loses, except the attorneys. The bit of good news is that it doesn’t have to be this way. Divorce doesn’t have to destroy both parties financially; the decision rests in your hands.

If you want your divorce to stay calm (and less costly) you have to keep some of the emotion out. Years of bitterness have built up but you can’t let that distract you from the goal of reasonably dividing assets. Deal with your emotions in therapy, not in a battle of lawyers. Your divorce should be about dividing property, not righting wrongs.

Many couples fall into one of a few traps that lead to the endless cycle of fighting and pumped up divorce fees. Watch for the following issues and you can help avoid financial disaster.

• Anger – Couples that carry around bitterness or jealousy and approach divorce like a war can result in sky-high legal bills. If the couple is out to destroy one another then the result is often mutual destruction.

• Ignorance – Not understanding the process, the couple can make expensive mistakes that take time and money to undo.

• Speed – Couples that are in a dead rush can create more problems than they think they’re solving. When one party is so eager to finish the marriage they can make rash and ill-advised decisions which lead to terrible consequences down the road.

• Delegation – While you certainly need to rely on the advice of your attorney, don’t turn the whole process over and let them run the show. If you are hands off then your lawyers can get into a paper war which succeeds only in raising their fees and draining you of money.

Now that you know what leads to the problems, here are some strategies that can be employed to keep costs from ballooning out of control:

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Thumbs Up.jpgFacebook recently received tons of attention thanks to its disappointing IPO. Its’ now in the news for a different and surprising reason, a survey that revealed that in 2011 one-third of all divorce filing contained the word “Facebook.” The Wall Street Journal mentioned the shocking statistic and highlighted the news that 80% of U.S. divorce attorneys believe social networking in divorce proceedings is on the rise, according to data from the American Academy of Matrimonial Lawyers.

Attorneys cite examples of Facebook being brought up in the course of depositions, as evidence of infidelity or children’s pages being used to prove bad parenting. Once the information is released into the world it’s impossible to get it back and remains ripe for the picking when a contentious divorce takes place.

Only three years ago 20% of all divorce filings contained the word “Facebook.” Today that number stands at 33%, according to the AAML. Though the percentage increased the main reasons for the mentions have remained the same: inappropriate messages to people of the opposite gender and nasty comments between separated spouses.

One expert who researchers the relationship behavior of college students said that breaking up via Facebook is a way for some to permanently end a relationship that has been dragging on for far too long. Doing something so public is a good way to air dirty laundry and ensures that no attempt at reconciliation occurs.

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grandparents visitation.jpgAccording to a recent article in the New York Times, divorce couples face a tricky issue that they may never have expected when beginning the process of separating from their significant other: grandparents. Most parents want them involved in their children’s lives but it can be complicated given hurt feelings on both sides.

If the divorce was civil and no one was at fault things might be fairly simple, but what if things didn’t go so swimmingly? The goal for parents should be keeping the grandparents in the family regardless of the parents’ differences. The following suggestions can help ease a difficult transition:

1. Figure out your own relationship with your ex’s parents.

What’s your relationship with your former spouse’s parents? Do you visits with them? If you’re comfortable, go for it. Coffee, e-mails, texts are great. If you’re not, now’s a good time to practice being civil. Don’t let whatever emotions you might have towards your husband spill over to the rest of his family.

2. Keep the lines of communication open.

One thing parents can do is make it clear to the grandparents that they have full access to the grandkids no matter what is going on between husband and wife. Make yourself available to the other side of the family, they might be worried about you cutting off contact and an olive branch can go along way to making everyone relax.

3. Issue invitations.

Ideally it would be good for the ex-spouse to take the lead in making certain that his or her parents were invited to graduations, to concerts, to school functions, etc., but if he or she doesn’t, do it anyway. Another good bit of advice is not to limit time with the paternal grandparents to when the kids are with their dad and vice versa for the maternal grandparents.

4. Be aware of the kids’ needs.

Sometimes having everyone gathered at the same time for holidays and family events isn’t what’s best for the kids. Many children won’t want to have their worlds collide with new spouses mixing with their parents and grandparents. If that’s the case, try for more visits under different circumstances. Better to have them spend time one-on-one and have the time be meaningful than put on a show that makes everyone uncomfortable.

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scissors cutting up I love you note.jpgAccording to recent article in Psychology Today, while divorce may be ugly for some it does not have to be that way. For many reasons splitting up happens because two people simply weren’t meant to be married. If you’re trying to find ways to be good to your ex during your divorce follow some of these steps to help keep the peace:

1. Don’t try to be friends too soon.

You’ll both need time to heal and recalibrate following a divorce and making sure that you both have a safe distance from one another will allow you to do that on your own schedule. If your relationship is going to have any chance at becoming something new and healthy that allows you to be friends and strong parenting partners, you have to let it all go first. It may feel lousy and lonely for a while but it’s the best way to move forward.

2. Write everything down
Do not assume either of you will remember or abide by the agreement no matter how friendly things are initially. Get everything down in writing so nobody is tempted to ‘forget.’ When it comes to issues of money and parenting, the more details the better. The more that’s clear the less room there will be for fights later on.

3. Outline clear and effective consequences
Agree on what happens if one person does not follow the agreement or somehow does not follow through with their promises. Like with parenting, you need to know what happens to those who break the rules.

4. Resist old patterns
Part of the relief of divorce is you are no longer responsible for your partner’s multitude of issues. The same goes for them. You both are released from one another so be released. Resist the temptation to give or seek old patterns of support.

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couple with hearts.jpg The old saying is “keep your friends close and your enemies closer.” It’s really easy when meeting your new love’s former spouse to have thoughts turn negative. And while it’s true that some are every bit as evil as you may want to believe, exes don’t always have to be bad news. Contrary to popular belief, there are situations where an ex can be strictly friends or just a helpful co-parent. With that in mind, follow these rules from Match.com to help manage an ex in your life.

1. Set the right tone and be friendly
It’s true what they say; you usually get what you expect from people. If you’re already expecting the wicked witch and treat the ex as such that’s likely what you’ll get. Even if the ex had good intentions your negativity could turn her away.

2. Find common interests the two of you share
You might find that after getting to know the ex that you actually have lots in common (besides your current partner of course). Avoiding over sharing (which we’ll discuss later) and the two of you might be able to get along swimmingly.

3. Never discuss your current relationship issues
As we mentioned above too much information can be a danger of hanging out with an ex. In order to be friendly with your current partner’s ex you MUST leave the personal details of your current relationship out of it. Not only will telling too much invite a third person into your relationship, but it can poison the remaining good feelings between the recently broken up parties.

4. Watch feelings of jealousy
Trust is obviously an important ingredient to any relationship, but when it comes to exes who are still in the picture, it’s essential. Dealing with someone who knew him before you did (and probably knows things about him that you have yet to discover) can be unnerving, to say the least. The fear that they might get back together can lurk beneath the surface but is ultimately destructive not just to your possible friendship but even to your relationship. Constant worrying can create problems that may not have existed in their absence.

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Broken Heart.jpgAccording to a recent article on the HuffingtonPost.com, the following steps should be taken if you see a divorce occurring in the not too distant future. These important actions can protect yourself and your future.

1. Go see an experienced North Carolina family law attorney

Many people wait too long before seeking legal advice about an impending divorce. There are things that you could be doing to protect your assets and help ensure a better outcome in the event you do have to go to trial.

2. Gather financial information and put the documents in a safe place
When you decide to get a divorce there’s a chance that money or information has been hidden. An important first step is to make copies of all the records you can get your hands on and photograph any valuable personal property. Collectibles can disappear in the heat of a nasty divorce and proof is often hard to come by. A record of all of these assets should be kept away from your home in a safe deposit box or with a friend.

3. Don’t try to hide money
Most people who try to hide assets from a spouse aren’t very good at it. If you’re caught doing so the judge may decide to rule harshly against your bad behavior or may be more inclined to believe you’ve done more that you just weren’t caught doing. Judges have a great deal of discretion in divorce cases and you always want to appear to be the “good spouse” in the judge’s eyes.

4. Don’t trash your spouse to others, especially the kids
Though it’s easy to do, it’s important for the sake of the children not to attack the other parent during a tough divorce. The same is true of mutual friends, it’s best to follow the old advice that if you have nothing nice to say then say nothing at all. While you may win over the kids in the short-term they will eventually see through the anger of your remarks and may sympathize with the other parent.

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Wedding Band.jpgAccording to an odd story in the New York Times, the concept of “divorce rings” is starting to gain appeal among a certain set. What is a divorce ring you may ask? Imagine a man bent on one knee, gazing up at surprised woman. He removes a jewelry box from his jacket and hands her a diamond ring in the shape of a broken heart. “Honey, will you divorce me?”
This bizarre scenario may not be as crazy as it seems. Alice Kwartler Antiques is now selling an 18-karat gold and diamond “divorce ring,” complete with a solitaire and jagged broken heart. At $3,200, the ring might cost more than a lot of people’s wedding bands. Rather than symbolizing eternal love, this one is meant to signify that things didn’t work out.
Using rings as a symbol of marital status can be traced back to ancient times. In the modern era, there are three marital statuses: single, married, and divorced. The idea of a “divorce ring” is just another way to signal a shift in a person’s life. The breakup ring would quickly let people know that a marriage is over, just as a wedding ring says that you’re taken. The ring can help avoid tiresome conversations with people about the status of your relationship and serves as a warning sign to newcomers.

Rather than wait to receive such a ring, others might decide to purchase one for themselves as a symbol of surviving the pain of the divorce process. There’s a spirit of starting over, or renewal in the rings and buyers have been known to throw themselves divorce parties or splurge on “divorcemoons.”

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hands.jpgAccording to one recent article, it can be difficult to know how to approach a future relationship with your ex. It’s complicated given all the water under the bride and can be awkward moving forward. A good general rule of thumb is that amicable splits make for better friendships than ones involving infidelity and jealousy.

The article lays out five questions to ask yourself to determine if you’ve really moved on and are able to just be friends with your former spouse.
1. You immediately want to be friends after breaking up.

Accepting that your partner is no longer part of your life is a great way to move on from the marriage. This realization may allow you to salvage a friendship. People who can’t accept life without their spouse often don’t make for good friends as the underlying reason is to try and stay close to someone they weren’t ready to party with.

2. You miss your ex’s company.

You need to decide what exactly you miss, is it that romantic alone time or the funny jokes you’d tell laugh about together. Articulating this will help you decide whether you are missing the actual person vs. missing the relationship.

3. You talk about the past often.

Taking trips down memory is normal in the beginning to pave over an awkward situation. But if you continue to dwell on the past or have relationship talk that shows that you’re not ready to move on and that you’re only attempting to cling to what once was.

4. You talk about dating other people.

Talking about romantic relationships with new people is awkward, but if jealousy rears its head that’s a good sign that the friendship is not strictly platonic. You may believe that you can maintain a friendship without disclosing each other’s romantic lives, but this is likely untrue. Dating and relationships will continue to be a part of both of your lives and if you are unable to share this, then the point of the friendship lacks the opportunity to grow and change.

5. You think about getting back together one day.

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