There's no shame in seeking out legal representation to help you through your divorce. In fact, it's recommended just to make sure the split goes off equitably and with as few snags as possible. It can also help some individuals avoid a fate shared by too many Florida spouses: In some cases when spouses encourage their soon-to-be ex to forego the involvement of lawyers, it's because they have something to hide.
]]> Many times, that something is money, either in the form of hidden investments, siphoned off income or misrepresented earnings. There are several ways a spouse can misrepresent his or her current finances in order to tuck away some extra cash that isn't split up during the divorce proceedings. That leaves the other spouse with a smaller cut of the assets than what they deserve.There are warning signs that can indicate your spouse is trying to steal money from you. First and foremost is their lifestyle and living expenses after the two of you are living at separate residences. If your ex seems to have increased their spending or is enjoying a lifestyle that seems beyond their financial means, it could be because you aren't privy to all the funds they are using.
Similarly, small business owners can assign funds to certain expenses in order to exempt them from the settlement process. But, rather than putting the money toward those expenses, the spouse holds on to it for their own use. If you have access to business ledgers or notice high amounts of expenses being written off, be sure to look deeper into the matter.
Ultimately, you should always be wary of a spouse that is well-versed in finance or money management, giving them tools that could help them pull a fast one on you. If you suspect your spouse is hiding money from you, bring your concerns to a divorce lawyer and seek advice on how to handle this suspicion.
Source: Huffington Post, "Signs That Your Soon-to-be-Ex May Be a Secret Cash Stasher," May 16, 2012
]]>In reality, we're starting to see some reversal in those traditional gender roles. This year on Mother's Day, many women sat next to their flowers and cards to write out child support and alimony checks.
]]> According to statistics from the American Academy of Matrimonial Lawyers, 56 percent of family law attorneys reported that they have seen an increase in the number of mothers who pay child support. In addition, 47 percent of divorce attorneys noted a rise in the number of women who are responsible for paying spousal support after their divorces.There could be numerous reasons for the trend. However, some professionals speculated that as women gain new footing in the workplace, they are driven to see how far they can take their careers. As those women continue to achieve professional success, their husbands often end up spending more time with the kids.
If the marriage falters, those routines are taken into consideration when the parenting plans are decided. If the father is the primary caretaker of the children, he may receive more custody. As a result, the mother may be responsible for paying child support. In addition, if that father made sacrifices in his career so his wife could pursue her career, she may also be responsible for paying spousal support.
Source: Huffington Post, "This Mother's Day, More Moms Paying Child Support," Ken Altshuler, May 12, 2012
]]>In most families, whichever spouse has better health insurance options from their employment often takes out a plan for the entire family. But what happens to that insurance coverage if the couple files for divorce?
]]> Once you are divorced, you can no longer stay on your spouse's insurance plan. If you work for a company that offers insurance benefits, it's important to sign up for a plan as soon as you can. However, if your company does not provide an insurance plan or if you are a stay-at-home parent, you may be wondering what options you have.When the divorce is finalized, you may qualify for COBRA coverage. However, it's important to remember that the coverage provided by COBRA is temporary, and you cannot stay on a plan for more than 36 months.
So what other options do you have? Once you know you are getting divorced, it is important to start looking for a new insurance plan as soon as possible. If you are using COBRA and you developed a condition, your new insurance provider may view it as pre-existing condition, making your coverage options limited or only available with higher premiums.
Thankfully, even though you cannot stay on your spouse's plan, your children can stay on the plan. However, it is important to make sure you talk about who will be responsible for paying the premiums. An experienced divorce attorney can help facilitate that discussion and may be able to suggest an effective solution.
Source: Huffington Post, "Divorce Questions: Can I Still Get Medical Insurance From My Ex After Divorce?" Jeffrey A. Landers, May 7, 2012
]]>Each couple in Clearwater probably fights about slightly different elements of their finances. However, if finances are one of the biggest reasons you're getting divorced, it's important to remember that your financial situation will not necessarily get easier once you're divorced.
]]> After you're divorced, managing your finances effectively can become even more important. Although you may no longer have someone else spending money on things that aren't your priority, you also don't have that second income or the second set of eyes watching when the account gets low.To help reduce your financial stress during and after your divorce, it's important to pay attention to your finances. Budgeting during a marriage is important to help clarify expectations, but it can be even more important when you're divorced to help ensure you know exactly where money is going and to make changes if you can no longer maintain the lifestyle you're used to.
It is also important to start planning for the future as soon as you can. Life insurance is a critical part of your estate. After your divorce, it's important to consider how much life insurance you will need and who you will name as the beneficiary.
As you are planning your finances, it's also important to think about money you may be entitled to after your divorce. Did you give up a career to raise your children and clean your house? Depending how long you were married and how much each of you made during the marriage, you may be entitled to spousal support long after your divorce is finalized.
Source: Is That Legal, "5 Tips for Reducing the Financial Stress of a Divorce," April 6, 2012
]]>Individuals who have financial secrets often think they're being stealthy. They set up accounts at banks where the couple doesn't have joint accounts. They use password-protected phones to send text messages to transfer money to off-shore accounts. They delete emails containing financial information.
Although those measures may prevent an unsuspecting and happily married spouse from realizing money is disappearing, it rarely passes through the watchful eye of divorce attorneys.
]]> Thanks to constant advancements in technology, hidden marital assets are constantly becoming easier to uncover. Suspicious spouses or their divorce lawyers can easily browse through a computer's history. Even if a computer's history has been deleted, the information is not gone forever. If there is reason to believe a spouse is hiding information, an attorney may work with a technology or forensic expert to retrieve information from a computer.In the past, an attorney may have needed to carefully sift through hundreds of pages of bank statements to find something that was out of place. Now, software allows attorneys to use advanced search features to quickly analyze digital bank statements.
If you suspect your spouse is hiding assets, it's a good idea to contact your attorney. Although you may be tempted to install tracking software on your computer or to hack into your spouse's smart phone, that may make the information you obtain useless. In most courts, evidence that is obtained illegally cannot be used in court. Working with an experienced attorney helps ensure you're able to effectively use all the information you find.
Source: Wall Street Journal, "Why Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012
]]>With the cost of tuition and the interest rates on student loans constantly increasing, paying for college is no easy task for most people. However, if you are working through a divorce, or if you are already divorced, it is important to make sure you and your ex have a clear understanding of who is expected to pay for what.
Here are a few tips to remember as you're thinking about paying for your student's college:
]]> The year before your student applies for college, the parent who has a lower income should have primary custody of the child and should claim him or her as a dependant. This can help ensure your student be eligible for maximal financial aid.It is also important for you to communicate with your ex and to disclose your financial information. Your student's FAFSA and CSS Profile rely on timely and accurate information from both parents.
When you are getting divorced, you should talk about who will be responsible for paying for what. If you expect your child to pay for everything, make that clear. However, if you're planning to pay for some or all of your child's education, make sure both parents agree with who is paying for what.
In addition to room and board and classes, that also means talking about who will pay for college preparation expenses. Articulate who will be responsible for paying for standardized tests and the corresponding test prep courses, application fees, and college visits.
Finally, specify whether there is an upper limit to how much you will pay. Are you willing to pay 50 percent of your student's tuition if he or she chooses a school that costs $75,000 a year and then takes six years to graduate?
Source: Huffington Post, "Divorce Questions: How Is College Tuition Divided Among Exes?" Honoree Corder, April 17, 2012
]]>Some lawyers in Florida are taking advantage of these websites to mine information about the opposing party's personal life during divorce. A study conducted by the American Academy of Matrimonial Lawyers found that more than 80 percent of divorce attorneys have ramped up how often they turn to social networking evidence when working on a divorce case.
]]> Even so, the potential risks of social networking don't necessarily mean you should delete your entire online identity. There are steps you can take to protect yourself from making mistakes that will cost you in the long run.First and foremost, think long and hard anytime you publish new content to the Internet. It doesn't matter if it's a video, status update, picture or anything else -- think before you post. Once you publish something online, there's no telling whose hands it might find its way in to.
You can, however, reduce the likelihood that your ex will have access to your social networking profiles by making your social circles as exclusive as possible. Control the content you allow to be viewed by mutual friends and be diplomatic at all times. Similarly, don't identify yourself as "single" to your social network before that is legally the case. If you do, it could be used against you to prove that you were cheating or merely wanting to cheat while the marriage was still legal.
Lastly, don't tag anything you post to a location. This means don't tag towns, bars, stores or any other location. Doing so can only lead to questions and could be used against you to suggest that you are engaging in questionable activities.
Source: Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, Esq., April 24, 2012
]]>Although social media may provide a good place for you to upload pictures and connect with old friends, the content you upload can also be used against you during a Florida divorce proceeding. In fact, since 2010, social media has been a key part of nearly 700 cases.
]]> So how is social media used in court? When judges or lawyers look through a person's pictures on Facebook, updates on Twitter or other postings on social media sites, the content can be used to reveal or confirm four things:In one case, a woman was in an accident while she married. When she and her husband divorced, she claimed that she needed $850 a month in alimony because of her disability. Four years after the accident, pictures and content from Facebook and MySpace showed that she was an avid belly dancer. The judge subsequently denied the woman lifetime spousal support.
In another case, a husband saw things on the computer he shared with his wife. The information he saw made him suspect that his wife's social media accounts would contain incriminating information. When the information was presented to the judge, the judge ordered the couple to give their Facebook passwords to the opposing counsel.
There is no doubt that using social media may be a good way for you to connect with family and friends, or to promote your business. However, if you are going through a divorce, you may be well-served by de-activating your social media accounts during the process.
Source: All Twitter, "How Do Family Law Attorneys Use Social Media For Evidence? [INFOGRAPHIC] ," Lauren Dugan, April 10, 2012
]]>Some of those men have even been jailed for their refusal to pay child support or be involved in child custody arrangements. One case attracting attention is the story of a man who was put in jail for owing more than $50,000 in child support payments. He was also labeled a "Deadbeat Dad" by the county.
But the man's objection was simple: He claimed he wasn't the father of the child in question.
]]> Although he is married with a father of two, he and his wife were separated for a time in 2006. During that time, he met another woman and slept with her twice.Soon after, she informed him that he was the father of her child. She sought child support from him, which he declined to pay because he didn't believe he was the father. That decision ultimately landed him in jail. However, a recent DNA paternity test revealed that the man had zero probability of being the father to the child.
That meant he was absolved of his obligations. But a problem still lingered: The court said he still owed $50,000 in child support.
This particular man was lucky because the woman relinquished her claim to the child support, freeing him of his debt. But others may not fare so well, prompting complaints that the law needs to be changed to erase debts that are later proven to be unfounded.
Source: CBS, "Man Jailed For Child Support For Baby That Wasn't His," April 12, 2012
]]>It took six years for one father to assert his parental rights. The mother did not name him as father on a birth certificate. The DNA test to determine this took more than 15 days to come back, and that was the legal term required for unnamed fathers to assert paternity. He had to engage in long and expensive legal fight to keep his child from being put up for adoption.
]]> That was under current laws. A proposed law in the same jurisdiction asserts that unwed fathers can only adopt their own children if they have demonstrated a substantial relationship with the child. Requirements to prove such relationships include providing prenatal support, covering birth and hospital expenses, and paying child support afterward. While the law would not apply if a mother overtly prevents such action, there appears no exception for fathers not knowing they were parents.Florida law already requires fathers to proactively assert their status to secure their parental rights. Spreading such laws could further curtail father's rights in Florida. Laws vary so much among regions that every man desiring to assert his parental rights needs to learn which laws apply, and follow new legislation.
Source: CBS, "Fathers of Illegitimate Children Would Lose Rights to Adoption," Josie Butler, KMOX Capital Bureau, April 10, 2012
]]>For example, individuals in Clearwater who are working through the divorce process should give themselves more time than usual to file their taxes. If that sounds like your situation, then it's time for you to start moving.
]]> Perhaps you dread completing the paperwork associated with taxes. Maybe you loathe paying someone hundreds or thousands of dollars to complete your taxes. Regardless, procrastinating on your taxes when you're working through a divorce can leave you with additional problems. You may need to work with your ex to receive his or her tax records, and if things ended on a sour note, it may be tough to get the information you need before the deadline.Many recently divorced individuals also run into problems with regard to who will claim the children on their tax returns. Typically, whoever has the children more than 50 percent of time gets to claim the children as dependents. If you share equal custody, it's important to communicate with your ex about who will claim the children. Some couples who have two or more children agree to divvy up the dependents on their returns. Other couples alternate years.
Regardless of what you decide to do, the most important thing is to communicate about your intentions with your ex. If you and your ex send write conflicting information on your tax returns, you might as well send the IRS a formal invitation to audit you.
Source: Business Insider, "Divorced Couples Are Walking Right Into These Tax Traps," Mandi Woodruff, April 3, 2012
]]>Divorce often carries a negative stigma, but that doesn't mean it has to be a negative process. Although the process can be painful, there are many positives you can take away from the divorce process, and there are several ways you can achieve those goals. Divorcing couples in Florida and across the United States are finding that, with effort, it is possible to find the good in divorce.
]]> The most important consideration for all parties is to remember that divorce is not an open invitation to hate your ex-spouse. When you have kids, there is a strong need to maintain a working relationship and an open line of communication. Even though you are separated, you must continue to work together in your co-parenting efforts.Maintaining balance in your co-parenting is also important. Children should continue to have a relationship with both parents as long as the parents can keep their conflict to a minimum.
Parents should also minimize the transitions they put their children through in the aftermath of a divorce. Divorce itself is a major transition that can rock the stability of your children's lives, so minimizing other changes -- particularly in the short term -- is advisable. This means limiting the number of times you move and taking time before starting new relationships or getting remarried.
That said, parents shouldn't focus solely on their children. Taking care of themselves and managing their stress can benefit the entire family. Because children take their cues from their parents, lower stress levels in you can have the same effect in them.
Source: The Huffington Post, "The 'Good' Divorce," Christine Carter, PhD, April 3, 2012
]]>As you may know, consistency with rules, boundaries, schedules, expectations and behavioral responses in both households will be the best gift either of you can give your children after a divorce. Setting this kind of framework up will take some time and a great deal of communication between you and your Ex. It will probably also involve a few missteps and mistakes along the way.
]]> Here are three of the most common pitfalls/behaviors to try to avoid as co-parents.Mistakes are part of the process. If you both stay committed to reaching a unified co-parenting approach, however, you and your Ex should be able to find a solution that works.
Source: Psychology Today, "The Do's and Don'ts of Co-Parenting Well," Deborah Serani, Psy.D., March 28, 2012
]]>Florida, like most states, allows judges to consider any "relevant factor" in determining what is in the best interest of a child. For service members who are going through the divorce process and looking at a lengthy deployment that will require them to leave their children at home, this often leads to unsatisfying custody and parenting time orders.
]]> The Veterans Affairs Committee of the U.S. House of Representatives is currently considering a proposal that seeks to protect the child custody rights of the men and women who protect our nation.As currently written, the bill would no longer allow judges to consider deployments scheduled to last between 60 days and 18 months as a factor when making child custody determinations. This would not apply, however, if family members are allowed to accompany service members on the assignments.
This bill would also provide protection to parents who are forced to change their child custody and parenting time arrangements due to deployments. It seeks to do that by requiring that pre-deployment custody and parenting arrangements be restored after a service members come home.
We will continue to monitor this bill as it makes its way through Congress and provide updates when new developments warrant.
Source: The Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>Here's the story of one misguided man who's learning this lesson the hard way in another state.
]]> According to court documents filed in Washington State, the man in question got married for the first time in 2001. In 2009, problems in their relationship eventually led him to decide it was time to move out of the house.At this point in a relationship, options are limited. Most people will either choose to seek counseling in an attempt to save their marriage, or file for divorce or seek a legal separation. A fourth option, annulment, probably isn't available in this case given the length of the marriage. The fifth option -- simply changing your name and marrying another woman without divorcing the first wife -- isn't legal and is definitely not recommended. But the man in this story chose option number five nonetheless.
His deception worked for a short time until Facebook, the 21st Century matchmaker that never sleeps, listed Wife No. 2 in the "People You May Know" section of Wife No. 1's own Facebook page. Wife No. 1 (the man's lawful spouse) then went to Wife No. 2's Facebook page where she found a photo of her husband with the woman in front of a wedding cake.
From there, one thing led to another, which led to another ... which eventually led to bigamy charges being filed against him by local prosecutors. If convicted, he could be ordered to serve up to one year in jail.
Source: The Associated Press, "Discovery by woman using Facebook leads to bigamy charges against Washington man," March 10, 2012
]]>