Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”
We’ve discussed before the trend in the U.S. concerning late-in-life divorce, despite the fact that the overall divorce rate appears to be declining, divorce among seniors and those in long-term marriages is rising rapidly. The trend of increased divorce later in life is apparently not limited to the U.S., but is spreading to Asia, specifically, South Korea. That country is undergoing important legal and social changes that have led to the increase. To find out more about “twilight” divorce, keep reading.
Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Can any attorney help me with my family law needs in North Carolina?”
Remorse is, perhaps, the most difficult of human emotions. Anyone who has passed through the crucible of divorce may know what it means to contend with remorse, or to contend with “what could have been.”
Sadly, many divorces leave a trail of broken hearts. These include the hearts of children, who are often unwitting, innocent victims of a broken marriage.
Adult children of divorced or divorcing parents are not immune to these feelings. To an adult child whose parents have been married for decades, the concept of divorce—at least applied to one’s own parents—may seem foreign. What’s more, because adult children tend to move away from their parents’ home, they may miss signs of marital trouble displayed behind closed doors.
Ellen Huerta, who writes about romantic breakups on her website Mend, recalls that since her parents’ marriage had survived her own childhood and young adulthood, she just assumed it would last forever—or until death did them part.
Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” I’m considering separating from my spouse; what actions should I refrain from doing?”
Larry Weiser, the director of Gonzaga University’s Elder Law Clinic, says all of the sudden, he is seeing older people wanting to divorce their spouses. The sharp rise in people aged 60 and up seeking low-cost legal advice for divorces is like nothing he has seen in 33 years at the clinic. Divorce requests in the Elder Law Clinic have tripled in the first seven months of 2014 alone.
Weiser and others at the clinic are scratching their heads. What is causing an apparent increase in older Americans seeking divorce? Weiser told the Spokane, Washington-based Spokesman-Review that the issues underlying divorce cases handled in the Elder Law Clinic are frequently domestic violence or situations in which “the marriage has been over for a long time.” Weiser said many couples seeking divorce have lived in the same home for years, but have been living separate lives, in effect, under the same roof. In other cases, one spouse left the home years ago, and now the parties are formally ending their relationship for, if nothing else, peace of mind.
However, Weiser said, in many other cases, the same common issues that plague younger couples cause older couples to seek divorce. Older couples struggle with domestic violence, drug and alcohol abuse and gambling. They deal with marital strain brought on by financial difficulties, medical issues and strain brought on by family members—including children or step-children—who don’t support their parents’ marriage. This latter factor, Weiser said, is especially true in divorces in which one or more spouse is ending a second marriage.
Board Certified Family Law Specialist Matt Arnold of Arnold & Smith, PLLC answers the question ” Is there some property that the judge cannot divide?”
It used to be that if a couple made it far enough down the road of marriage, they’d be especially likely to stick it out, literally, until death forced their parting. A quarter century ago, just ten-percent of divorces in the United States involved divorcees who were over the age of 50. Now that figure is 40 percent, according to researchers at Bowling Green State University. That amounts to more than 600,000 divorces involving over-50 divorcees in 2010 alone.
Many couples—or perhaps one-half of couples—know they want a divorce long before taking the proverbial plunge. One 53-year-old divorcee, interviewed by Yahoo Finance, said she knew she wanted to get divorced years ago, when her 19-year-old daughter was still a toddler. Her daughter required day-to-day medical care, and the woman did not believe she could care for her on her own. She waited until her husband retired so that she could collect some of his pension.
Divorcing late—or later—in life raises some unique issues for potential divorcees. Certified planner Jean Ann Dorrell cautions those nearing or passing the half-century age to consider the challenging financial and other issues such divorcees may face.
One common issue is who gets the house? Many young couples may not own real estate; many older couples do. An investment in real estate is usually a couple’s largest, and the investment involves more than numbers. It is a home where children may have been raised, where the best (and worst) of times may have occurred, where someone has fled for years for comfort from the so-called slings and arrows of life. Can a couple facing divorce work together to sell the house and divide the proceeds? If one spouse decides to let the other spouse keep the house, who pays the mortgage? These are issues that need to be addressed.