Tag: divorce

divorce lawyer
by Arifur Rahman

What Happens to Your Social Security Benefits During a Divorce?


Lifestyle

While the younger generation today has a lesser divorce rate, the frequency of divorce in older couples is increasing. ‘Gray divorce’ is a term used for people seeking a divorce who are above 50.

Comparing the financial barriers and other stresses related to divorce makes it more difficult for older couples to start a new life and build assets. This indicates the impact of divorce on social security, whether positive or negative, can highly affect the life of couples who want to split in old age.

To understand the impact of divorce on your social security, get help from an experienced Wisconsin divorce lawyer. A lawyer will explain all the consequences of seeking a divorce and how your social security will be impacted through it.

What happens to your social security benefits during a divorce?

The social security benefit is the amount you regularly receive in retirement. The benefits are the outcome of your earnings that you invested in earlier years through your income and other savings.

If you and your partner decide to split up at a later time in life, there are chances that you will have to provide a share from your social security to your partner. To claim your ex’s social security, you must be married to your spouse for at least ten years.

Moreover, your ex-spouse can claim benefits from your social security after being divorced for at least two years. During your divorce, depending on your earnings, the judge can allow some percentile of your social security benefits t your spouse.

This is to ensure both parties have enough to sustain their life. Although you will be given a significant percentage of your social security, you may have to compromise on the remaining part.

Eligibility criteria for social security benefits

Your social security benefits are meant to support you for your retirement life. If you and your spouse are planning to file for a divorce, your spouse is eligible to make their claim on your past earnings after a significant time of 2 years post-divorce.

You will be compelled to provide your earnings to a spouse who does not work or is not financially independent. The tax on the benefits depends upon your income and tax filing status.

To know your rights regarding your social security benefits, get in touch with your lawyer so that you are well aware of all the possibilities during your divorce proceedings.


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divorce lawyer
by James Adam

5 Ways Handle Your Divorce Peacefully


People

While the process of divorce is never easy, with the right attitude and assistance, your divorce can be a calm and renewing experience. By separating cordially, you can achieve your goals while minimizing emotional damage. Your divorce can be successful as well as peaceful. 

When you and your partner decide to divorce, there will be many adjustments and feelings to be processed. Honoring your relationship and focusing on each other’s future will help you to stay civil during the separation. Working with the right divorce lawyer in Raleigh, NC, family advocates, and therapists can help both partners view the relationship empathetically and caringly. 

Your entire family will be affected by your divorce, no matter where you come from, whether you come from Raleigh or Rochester. Suppose you want to maintain a solid friendship after your divorce for the sake of your family. In that case, you must commit to a peaceful marriage resolution. Let’s take a closer look at some ways to handle your divorce peacefully. 

Do Your Research

Contact a reputable attorney or use online resources to learn how divorce works in your state. In North Carolina, for example, ask about divorce basics like child custody and spousal support. It is important to understand divorce mediation and how it differs from legal proceedings. Mediation may be the best option for a peaceful divorce, but understanding your options is essential.

Concentrate On Self Care

The fact that you have filed for divorce does not mean you are a terrible person. It takes a lot of courage to tell the truth about your relationship. You are about to embark on a new chapter in your life. 

You should try to keep doing the things that make you feel productive, balanced, and calm so that you don’t make emotional decisions. As you go through this process, it is important that you take care of your health. 

Lead Interactions With Respect and Empathy

Understanding your ex-spouse’s viewpoint and working together to come to an amicable divorce is essential. Getting along with your ex-spouse means respecting them and negotiating reasonably. Although you may no longer love your ex, you can still behave lovingly after divorce. Peaceful divorces, in essence, are divorces that are loving.  

Consider Mediation

Courts and judges should not handle divorce because it is a complicated and emotional process. With mediation, which is often the most friendly way of ending a marriage, you can take charge of your divorce. An impartial third party facilitates productive discussions with your spouse to resolve conflicts. During the process, both parties agree to resolve their differences amicably.

Get Helpful Advice

If you are going through a divorce, you’re not alone. You can get helpful advice from multiple sources, including divorce consultants, experienced divorce mediators, and spiritual leaders. 

Every family member goes through a difficult time when they go through a divorce. In order to achieve more of your goals, you may want to consider your divorce as an opportunity rather than a failure. Moving forward with compassion, empathy, and caring is the best way to manage your divorce peacefully.

by James Adam

5 Ways to Rebuild Your Life After Divorce


People

When people fall in love and get married, the last thing they think about is filing for divorce at some point in their lives. Unfortunately, even the best laid plans can change. From having to make big life decisions to deciding on whether to have kids or not, marriages can go through trying times that can make or break a couple. After a break down of a marriage, a legal separation or divorce is usually the next step. Divorce, the dissolution of a legal marriage, can leave the parties feeling like they’ve not only lost a major part of their life, but a loss of identity as well. If you’ve recently gone through the loss of a marriage, here are 5 ways to find your identity and rebuild your life after your divorce

Let yourself grieve: It’s normal to feel sad about this chapter of your life ending, even if you’re the one who initiated it. You’ve just closed a major chapter of your life and are unsure of what’s next. Take time to wallow in your feelings and really experience them instead of trying to bury them. You need to go through to grow through.

Lean on your inner circle: Surround yourself with your biggest supporters. Whether it’s your close knit family, your best friends or a divorce support group, it’s important to be around people who care about you. It’s common to want to be alone after this major life change and that’s ok. But don’t completely shut everyone out. Sometimes something as simple as taking a walk with a friend or seeing a movie with a loved one can help take your mind off of reality for a few hours.

Seek professional help: According to an Indianapolis divorce attorney, “divorces can have an immediate, lasting emotional and mental impact on your and your family.” There is a reason divorce counselors and therapists are available. Divorce can be really hard on a person, not only financially but mentally as well. Take advantage of the resources available to you and seek out a therapist in your area who specializes in divorce. If you find that therapy isn’t helpful, contact your primary care doctor to discuss other options.

Rediscover your old self: In all relationships, people tend to lose a part of themselves while getting to know their new partner. From watching different movies to trying out different activities, it can be easy to put the things you enjoy aside for the one you love. Remember the things that brought you joy and seek those out. Whether it’s wearing your hair a certain way or taking art classes, spend your time doing the things you love! After all, this is your time.

Look ahead: The future is a blank slate and you’re the one holding the paintbrush. Find things to look forward to whether it’s a trip to somewhere you’ve always wanted to go or finding love again. The future is what you make of it. You’ve made it through the hard part, now it’s time to enjoy your life with clear eyes and a full heart. Using a gratitude journal can be extremely helpful to live in the now and plan for the future.

Divorce can be life shattering, but it’s up to you to figure out what to do with the pieces. Take time to reflect on what caused the divorce and look forward to what’s to come. Don’t just survive, take this time to thrive!

by Incredible Planet Staff

Taking That First Trip After Your Divorce


Lifestyle

Divorce can be an extremely upsetting experience for everyone involved, and it’s natural to find yourself experiencing a variety of conflicting, confusing feelings once your marriage has come to an end. On one hand, you are no longer married, and are without a partner for the first time in a long while. As anyone who has experienced a breakup of a long-term relationship would know, this can leave you with feelings of hurt, anger, sadness or possibly even guilt. You may feel lonely and vulnerable following your divorce, and it is perfectly normal if you do.

On the other hand, perhaps your recent divorce has left you feeling happier, stronger and ready to celebrate your newfound single status. This can be especially true if your marriage was the main source of any emotional pain or stress in your life, or if you were involved in an abusive or dysfunctional marriage.

If this is the case, finalizing your divorce may be a very uplifting and empowering event in your life. You may feel like you are ready to learn new skills, try out new hobbies, and perhaps even begin dating again. This is all normal behavior as well; just as every marriage is different, so is every divorce. Every emotion you have, both positive and negative, is absolutely valid at this time in your life.

Regardless of whether you are mourning the loss of your marriage or brimming with excitement about what lies ahead, taking a trip after finalizing your divorce can act as a means of closure for this chapter. Much like a marriage begins with a honeymoon to commemorate the beginning of a new life together, a post-divorce vacation can act as something of a “solo-moon,” as a way to reconnect with your feelings and manage the stress you have been coping with during the divorce process.

If you have been dealing with feelings of sadness, anger, anxiety or depression, a quiet, self-reflective trip may be what you need to get yourself back on track. An outdoor camping or hiking adventure, sun-filled beach vacation, or one of the more affordable yoga retreats are all good options for a peaceful post-divorce journey to reclaim your spirit. Recently-divorced people who want to clear their minds and restore their inner peace may opt to travel alone, or they may choose to go with a trusted friend or family member to provide support and motivate them to try new experiences.

Then again, maybe finalizing your divorce has left you in the mood to party, and you want to celebrate your newly-divorced status with a fun-filled Caribbean cruise, a beach vacation in Mexico, or a wild Vegas weekend. There’s certainly nothing wrong with wanting to welcome yourself back to the single scene with a bang! We all process life changes in our own ways, and if you’re in the mood to hit the road with a couple of friends, or take a solo trip to a place on your bucket list, you should take the opportunity and go where your heart leads you.

During your first post-divorce trip, you may find yourself experiencing conflicting emotions at times, and that’s a completely normal part of the healing process. For instance, someone who first felt depressed and miserable at the end of their marriage may wake up one morning to that he or she feels excitement or even joy about the day ahead. Conversely, in the midst of celebrating your divorce with a nonstop party weekend, you may suddenly feel alone in a crowd, and find yourself taking a quiet moment to process the pain, loss or sadness from your ordeal. According to Chicago divorce mediation experts SplitSimple, neither of these reactions is wrong or abnormal in any way. We are all individuals and recover from upsetting life events in different ways, at different speeds. There is no prescribed way to feel or act at any given moment- allowing yourself to feel what you need to feel, when you need to feel it, will help expedite your healing process and help you process your post-divorce emotions in a healthy way.

Choosing divorce mediation over a traditional courtroom divorce is one way to get through the divorce process simply, quickly, and relatively painlessly. With divorce mediation, you can have just as satisfactory of an outcome as you can with a traditional courtroom divorce, with a lot less stress, time, and cost. Choosing divorce mediation may be a good solution for dissolving your marriage as quickly and simply as possible, so you can get to a stage where you are ready to travel as a solo act. Whenever you are ready to take that first post-divorce trip, you will be able to begin the next leg of your journey, and hopefully find peace and happiness in your life.

by Incredible Planet Staff

How to Skip the Drama & Have a Healthy Divorce


People

It can be emotionally taxing to go through a divorce. When you add children to the mix, things get even more complicated. After all, you have a lot more factors to consider. Who is going to be their primary caregiver? How often will visitations be? How will holidays work out? This can lead to a lot of argumentation and negative attitudes. To help you and your ex avoid this type of drama, here are several tips to help ensure that you have a healthy divorce.

Keep Lines of Communication Open

No matter your differences with your partner, you will always have a past together. If there are children involved, you will need to be able to communicate with one another. It’s in everyone’s best interest if you can keep things civil. This may seem like an impossible task. Realize, however, that you can only control your own behavior. Ending things on good terms means that you need to accept responsibility for your own actions. Don’t let things get out of hand and stop communicating. Keep talking so that things can end on a god note. If children are involved, this will help set you two up for a healthy co-parenting relationship.

Look Into Mediation

There isn’t any reason that every divorce needs to end in a court battle. Look into mediation techniques so that you can resolve your differences amicably. Have a divorce attorney present to help you navigate the process. They can draw up any necessary paperwork involved with the dissolution of your marriage. You may be able to avoid a lot of the hard feelings that come with drawn out divorce proceedings. This can make it a little easier on the whole family and help everyone to have their voice heard so that everyone’s needs can be fully met.

Seek Professional Help

Having an outlet for your emotions can help with the stress of a divorce. Consider seeing a psychologist so that you can work through your emotions in a healthy manner. Consider having the whole family attend these sessions. You likely aren’t the only one having a hard time coping right now. Having this outlet will help you to process the changes in your life. The goal is to be able to see yourself in a better place. A divorce doesn’t need to be the end, but rather the beginning.

Don’t Forget About Yourself

Take time for yourself throughout the process. You won’t do anyone else any good if you fall apart. Your children still need you to be their parent. Even if you don’t want to seek professional help, you still need a support structure. Surround yourself with friends and family to help you through this difficult time. One of your friends may have suggestions to get you through it with grace and reason. Do something just for yourself so that you can clear your head.

Divorce doesn’t need to be an ugly thing. Sometimes the best thing for a healthy relationship is to live apart.

by Incredible Planet Staff

Looking Forward with Positivity: 4 Steps to Consider After Getting a Divorce


Lifestyle

A divorce is one of the most traumatic experiences to go through. When a person gets married, they don’t say their vows with the intention to divorce later on. So when the divorce happens, it can be such a difficult pill to swallow. After all, the dream of being with this one person for life is no longer an option. It’s the death of a life you once knew. Although the divorce may feel like something you can’t survive, you will. Even though it may be hard to see, there is definitely life after divorce. To help you get there, consider these tips when you’re looking to make your way through this ordeal.

Build a Strong Support System

During this difficult time, you’ll need support and love around you. A divorce isn’t something that a person should deal with all on their own. Call on friends, family members and colleagues to be there for you in the way you need them. Don’t take advantage of their time generosity, but don’t turn it down either. Let them be there for you if they are willing to.

Get Therapy

Sit down and talk to a professional. This step can be very hard for many people to deal with. Yet, it’s okay to admit that you need help. Honestly, most people could probably use professional help at some point in their life. Going through a divorce is definitely a good excuse to seek that type of help. A divorce can be such an emotional and traumatizing experience. Because of that, it’s important to vent and get your thoughts out. While friends will be there to support and listen, they can only handle so much. It’s important to seek the help of a professional who can hold your hand through the journey. They have the skills and techniques to help guide you through.

Relocate

Sometimes, the most effective healing involves changing your environment. Living in the house that you shared with your ex is difficult. Emotionally, it can be a breeding ground for depression, anger and anxiety. Relocating will give a fresh, new start. The move doesn’t even have to be outside of the state. Hire movers so that you can alleviate some of the stress that comes with moving. A change of scenery can make a difference in your psyche and overall wellness. Of all the changes to make, this is one of the most major and beneficial decisions.

Do Things You Love

Immerse yourself in the things you love. It’s so important to indulge in pleasurable activities that inspire you. It’s important to have diversions that will help to take your attention away from the negativity attached to the divorce. Painting, dancing, live musical concerts and lots of comedy are a few of the activities you can take solace in. These are a few of the things that will help you get through some of the darker days.

Understand that this type of pain is temporary. There will be a brighter day and there’s life after a difficult divorce. Be patient, go through these steps and take it one day at a time.

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by Incredible Planet Staff

Tips To Help Get Through a Divorce


People

Going through a divorce is a really tough time in anyone’s life regardless of the circumstance. It signals the end of an era for those involved and results in significant changes in life, many of which had not and cannot be anticipated. Separating from a partner is a period of loss in many ways and it can be difficult to deal with.

It is important that the correct support structures and processes are put in place right from the start beginning with the decision to separate. Family and friends will be there to provide ongoing emotional and physical support, however the legal matters will also need to be dealt with accordingly.

Hiring one of the best divorce lawyers in Sydney is a great step towards ensuring that the settlement is fair and representative of those involved.

There are two important steps in order to best overcome the challenges faced with a divorce; dealing with things on an emotional level and getting the legal side of things right. This manages to deal with the tangible and intangible factors that arise throughout this tough period and help to maintain a stable environment for the individual and those around them.

Dealing with things emotionally

The emotion of the separation is likely to be pretty hard hitting, especially if it has been a long relationship and even more so when children are involved. As is often the case, family and friends are going to be extremely willing to offer support in such a difficult time.

However, the important thing to identify is that this period is about you and making your life better. As a result it is important to focus mostly on yourself.

Patience is the first step to maintaining sanity. Regardless of the quality of attorney and experience with change and overcoming challenges, it is going to take time for the divorce to be settled and to get over the emotional rollercoaster that it is. Accepting the hurt and sadness associated is important and there is no set time as to when anyone will get over this.

The next part is focusing on what can be controlled. A part of this comes down to hiring any of the best divorce lawyers in Sydney so that the legal side of things is under control and it then becomes about the individual and potentially the children. A continuing love for the children will help to take the mind off other things whilst it provides a great outlet of stress as it is a fun and joyful thing to be a part of.

Regardless, focusing on one’s self is the most important and controlling emotion, activity and decisions alone is a critical step. Taking back the freedom of personal decisions, without the need for compromise or consultation, should be viewed as a positive throughout this time.

Finally, surround yourself with people who are fully supportive of the situation and can empathise and sympathise with you. It is a challenging time and instilling the right support network is critical to maintaining sanity and being able to move on and recover as quickly as possible.

Getting the right lawyer

Identifying the right lawyer in such a stressful time can sometimes be a challenge. However, there are a few simple things that should be looked out for when choosing the divorce attorney that is going to represent you.

The first thing is clear communication. The chosen attorney must be willing to lay down the facts as they are and not be afraid to explain all of the proceedings of the case. Having a clear understanding of the situation can be reassuring for those separating from a long term partner.

Additionally, constant communication that reassures, sympathises and empathises with the client makes for a better relationship and will likely improve two-way communication leading to a better outcome.

This leads into the next point about be a personable solicitor. In order to achieve success in the court room, having a good relationship with your lawyer is important.

The attorney needs to completely understand the situation, and even though it is their responsibility to take the lead, not holding anything back aids them in completing the job to the best of their ability. Forming more than a standard working relationship with the solicitor will help to improve the potential outcome of the case.

Lastly, one of divorce lawyers in Sydney will have extensive experience in divorce cases. Selecting a solicitor with this specific expertise will go a long way to achieving a successful outcome.

Additionally, it is likely to improve the clients experience as the attorney will be more competent at dealing with the information and best structuring the case. An experienced solicitor will be able to best handle the case and articulate the circumstances as they change.

Getting through a divorce is without doubt an incredible challenging experience. Taking the correct steps to build a solid support structure is critical to helping you maintain a sane mind and reducing stress levels. Hiring a trusted and well experienced attorney is also great in boosting confidence and taking away one area of responsibility so that it is easier to focus on yourself.

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by Incredible Planet Staff

10 Steps to Finding the Best Family Lawyer


People

Finding the best and most appropriate family law solicitors for you or your family is an important step to guaranteeing the best outcome in a range of challenging situations. Your family is important and so is their future so when legal issues need to be resolved, it is crucial that the right person is at the forefront of it.

Understanding what you are looking for and your own personal needs is one part of choosing the best solicitor. However, there are also some key areas that need to be comprehended in order to make an educated and well informed decision.

  1. Seek recommendations

As is the case with any specialist, people are likely to seek out a recommendation from family and friends. The same applies when it comes to a lawyer. Seeking recommendations will help to narrow down the options and identify the most suitable professional.

  1. Choose a law firm or lawyer who specialises in family law

Hiring a lawyer that specialises in family law will go a long way to achieving success. An attorney with a deep knowledge of the issues and experience in cases surrounding family law will be able to provide more help and guidance and likely achieve a better result.

  1. Look for a firm that provide multiple points of contact throughout the firm and have a strong knowledge of your matter(s)

It can be frustrating not having your questions answered when you need them to be because your lawyer is busy. A firm that provides multiple contact points ensures the client that any questions they may have are able to be answered quickly.

  1. Talk to the solicitor on the phone prior to meeting

A short phone call will provide a good overview as to whether the lawyer is going to be the right fit. Are you comfortable with their style and can they be easily understood?

  1. Don’t be afraid to ask for another lawyer within the firm after the initial meeting

It is really important that the client develops a good relationship with their lawyer. Having found the right firm, finding the most appropriate attorney is critical. Specialists firms will have multiple family law solicitors and should be willing tom help you find the right one.

  1. Be careful with attorneys who talk about “winning”

When it comes to family law, there can be differing views on what is actually defined as a “win”. A great example of this is the instance of custody over children. Should one party feel that they have lost, it can cause significant conflict which ultimately has a negative impact on the children.

It is important to find the right medium from a solicitor’s point of view to ensure that all members of the family feel comfortable with the result.

  1. Ask the lawyer how long they have specialised for and check the admission date

Family lawyers Sydney need to be experienced in family law, so make sure you know how long they have been practicing.

  1. Steer clear of solicitors who claim to be fierce litigators and collaborative negotiators

Quite simply, you cannot be both. Some firms, in fact, have sub-specialists such as litigators, negotiators and experts in business or commercial family law allowing clients to find the right professional for their needs.

  1. Ensure that the attorney has a sound knowledge of corporate practice, taxation and financial statements and outcomes

Whilst much of this is the job of a skilled accountant or financial advisor, having a lawyer who understands this will help to ensure a successful result. A lawyer that is able to refer you to an accountant or financial advisor when specific documents are a part of the case will go a long way to achieving a positive result.

  1. Compare the lawyers charge rates

This is by no way a hard a fast way of deciding between lawyers but it does give a good indication as to whether or not you are being charged a fair rate.

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by Incredible Planet Staff

What is a Prenup – and why should I consider one?


People

A prenup is a binding agreement about how assets will be divided in the event of a marriage or de facto relationship breaking down. These documents can be challenged when a divorce occurs, especially if the agreement was made many years in the past. Because they are open to challenge, it is important to get a good prenup lawyer to help you to draft the document.

Prenuptial agreements are particularly important in a number of circumstances:

  • In the case of a second marriage, when there are children of a prior relationship who need financial protection
  • When one partner in a de facto relationship moves into property owned by the other partner
  • When one partner brings significantly greater property into the relationship
  • When a partner wants to protect an expected inheritance or family business
  • When the couple are simply agreed that, in the event of a break up, there will be an amicable out of court property division.

However, around 40% of marriages end in divorce in modern Australia, so documenting finances and coming to an agreement about a fair division in the event of a break up makes sense for everyone.

Agreements that purely revolve around finances are usually enforced by the courts, especially if circumstances have not substantially changed between the signing of the document and a divorce.

In the famous “pole dancer case” for example, a middle aged multimillionaire met a penniless adult entertainer and fell in love, whereupon he divorced his wife (who got $7 million in the property settlement).

He became engaged to the dancer and decided he didn’t want to risk too much of his wealth, so the new couple had a prenup lawyer draw up an agreement whereby he would pay her $3.25 million if they divorced within four years.

Predictably, the marriage lasted less than two. When the husband tried to get the prenup overturned, on the grounds that she had never loved him and only wanted his money, the family court decided the document was clear and valid enough that it should be upheld.

There are a number of situations in which a prenuptial agreement will be overturned by a court, however. Frequently, people try to put “lifestyle clauses” in the document, which are completely unenforceable.

A common example is when couples try to make special provisions in the event of infidelity – however the law is not concerned about why a divorce occurs, and a court will overturn the document and divide assets based on the “no-fault” formula.

There are also some crazier examples, where people have tried to include clauses regulating weight gain and the frequency of sexual intercourse. There have even been instances where a prenup has had a clause demanding that the wife get an abortion should she fall pregnant.

None of these requirements are enforceable, and the inclusion of them will often invalidate the financial element of the document as well.

The Family Law act which makes provisions for prenups (legally known as a “binding financial agreement”) requires each party to have independent and adequate legal advice before they sign the document. It also states that the signing cannot be made under duress by either spouse.

This has been interpreted to mean that one party cannot announce that their partner needs to sign or the wedding is off immediately before the ceremony.

Apart from the inability of the other spouse to get their own legal advice in the timeframe, threatening to call off the wedding has been seen by the family court as an example of duress, and taking advantage of the partner with less negotiating power.

A financial agreement can be signed at any point during the relationship, so calling it a “prenup” is something of a misnomer. The partner who the assets are being protected from will probably be more reluctant to sign the agreement after the wedding, however.

It is also important that the document should cover assets gained (and lost) through the course of the relationship, as well as those that are brought into the marriage. This aspect of the agreement is often neglected, even though over the course of a marriage financial states can change tremendously.

Prenuptials can be very useful when it comes to protecting assets in the event of a divorce, especially when one partner comes into the relationship with children already. They are also far cheaper to procure than a protracted property settlement would be, so the overall asset pool will be less diminished after a divorce.

When they are drafted properly, are clear in the provisions made and are reasonably fair to both spouses then they are almost always upheld by the court. This means that it is very important for a good prenup lawyer to draw up the document and for both parties to get good, independent advice.