If you have been thinking about divorce because your marriage is failing, someone cheated, your having economic problems, or you just want to get out of a bad relationship, there are a few thing to consider before untying the knot.
First, if you have kids who are under the age of 18, they should be your priority. Plan ahead and figure out how to break the news to your kids and how best to soften the stress of seeing there parents split up. I don’t know of a good way to break the news but I think reassuring them that both parents love and cherish them and nothing will change that is a first step. Kids are the true victims of divorce and it is difficult for me not to get angry with the parents when they try to use them to get to the other person, they need to be left out of the situation, period.
Second, if you have a prenuptial agreement or postnuptial agreement make sure to read thoroughly before moving out, it may say you get nothing and now your homeless.
Third, determine your assets (money in the bank or under your pillow, homes, cars (not the leased BMW or Mercedes) and anything else of value that can be sold) and liabilities or debts (credit card debt, loans, mortgages). Remember, in a divorce the court wants to equitably divide all your stuff, the good and the bad. Now, if you had assets or debts before the marriage, this should remain yours, this may be good or bad depending.
Fourth, are your the bread winner or is it your spouse, or do you both bring home the bacon. Well, the income of the parties comes into play when your dealing with child support or alimony.
Lastly, depending on the length of your marriage you may be eligible to receive alimony or be obligated to pay alimony. Alimony is a way to place one spouse in equal financial footing when the other spouse makes more money or is the only moneymaker. The classic example of a spouse being eligible for alimony is where the couple has been married for 30 years and one spouse is the sole breadwinner, the non-income producing spouse is eligible for alimony to put him or her on equal financial footing. This was designed for the homemaker who gave up their career to raise the children.
My name is Javier L Gonzalez, Esq. and I am a divorce attorney in the Magic City of Miami, Florida.
(CNN) — A key part of the law banning federal recognition of same-sex marriage was struck down as unconstitutional by a U.S. appeals court Thursday. The Defense of Marriage Act — known as DOMA — defines marriage for federal purposes as unions exclusively between a man and woman.
Same-sex marriage an election hot topic
Forget fighting like cats and dogs. These days, divorcing spouses are fighting over their cats and dogs.
On Tuesday, News 4 Tucson investigated the rising number of pet custody battles, which attorneys surveyed by the American Academy of Matrimonial Lawyers in 2006 say have increased substantially in the past decade.
Pets are considered property in every state in the country, according to the local news report, so judges often have their hands tied when couples come to them looking to reach custody agreements for their pooch.
“The court really doesn’t have any authority to give somebody rights of access or time with a pet,” Tucson attorney Elisabeth Benavidez said.
Instead, Benavidez said many couples are resolving their pet custody issues outside of court, hammering out civil agreements separate from the main divorce settlement to determine who gets the pets. In a recent case, Benavidez helped one divorced man secure visitation with his Chihuahuas every other day for at least an hour. Conflict among divorcing pet owners has become so common that many lawyers are suggesting couples with pets sign “pre-pup agreements” in addition to a pre-nuptial agreement, the Daily Mail reported in March 2010.
Washington (CNN) — Maryland’s highest court has ruled that a lesbian couple married out of state can legally file for divorce, even though Maryland’s own same-sex marriage law does not take effect until next year.