March 2009 - Posts
In the crazy shuffle of divorce sometimes all the other things we need to do in life are easily forgotten. Getting your financial status straight should be everyone’s top priority, whether you are in a divorce or not. It’s very important that we make sure no one is falsely using our name and causing more stress than we need by taking advantage of our good credit scores.
The worst factor of identity theft is that victims may not know their credit has been used unlawfully until it’s too late. Be smart and keep an eye on your records.
Review your credit report often. Make sure there are no surprises or purchases that you are unaware of. A good thing to keep an eye on is the inquiries section of your credit report. The inquiries section is where you may find an indication that you are a victim of theft. This is where you will see how many accounts have been opened, or where a thief tried to open an account but failed to have all of your information.
The three major credit bureaus that you can look at are :
www.equifax.com
www.transunion.com
www.experian.com
Keep a close eye on your mail. If you do not get a statement in a timely manner, contact your creditor. Thieves are keen on stealing mail to find out all of your information. The safest bet for everyone is a post office box, then your mail cannot be stolen. Hand deliver mail that has your personal information on it to a secure mail location rather than just putting it in your outgoing mail.
When you apply for a new account at most places, the only information needed is your name, social security number, current and former address. Keep your social security number safe and well out of reach to be stolen.
Money matters ! Keep an eye on all of your records. The last thing you need in a divorce is to be a victim of theft.
Every judge will make a judgment that involves children in the best interest of the child. The child’s well being is never overlooked in a divorce.
Maryland law states that there are two types of custody; legal custody and physical custody. An example of a legal custodian would be someone with the power to make important decisions in the child’s life, which school they will attend, what religious denomination, medical and health care, and so on. Legal custody is normally shared by parents and is normally given to one parent if the other parent chooses not to participate or is willing to give away custody rights in divorce.
Physical custody is simply whoever has the child with them in divorce. Physical custody means that for over half of the year the child was with the physical custodian. Joint physical custody means the child spends 128 nights or more with both parents in that year. The main clarification between primary and joint custody is the differences in the calculation of child support.
When it is evident that a joint physical custody arrangement is no possible in a divorce, a judge will decide the best candidate for the child to live with. The state of Maryland does not show preference to mothers, however, women sometimes have a clear advantage in divorces with custody disagreements.
When a judge is a making a decision about custody, here are some of the considerations that may arise :
~Wellness of each parent
~Reputation and general character of each parent
~Desires of natural parents
~Depending on age, the preference of the child
~Age, sex and health of the child
~Parents residences
~Evidence of abuse by either parent
When a judge is making a decision about joint custody, here are some of the considerations that may arise :
~Ability of the parents to communicate
~Willingness of both parents to share custody
~Wellness of each parent
~The relationship between the child and each parent
~Disruption of the child’s school or social life
~Demands of each parents’ job
~Age, sex and number of children
~Sincerity of parents’ wishes
~Financial status of each parent
There are lots of custody options to review in a divorce. Get all the facts together and make decisions that are in the best interest of your child.
Can your legal professional make all of your decisions for you ? The answer is no. Lawyers and other legal professionals are there to support you and assist you in your divorce decision making process. There are many laws to abide by when dealing with divorce. Your legal professional is your chosen guide through the divorce process.
Take a good look at the qualifications of the legal professional you choose. In divorce, you need someone you can trust. Here are some things to look at when choosing your legal professional.
Education in Law
Graduating from a fancy school does not necessarily mean that an attorney from a college that is not so widely known can’t do a better job in your divorce case. Some attorneys also have additional education that qualifies them in external areas that are not considered law practices such as psychology. You will need to assess the value of the differing education when choosing your attorney and the fees/costs that go along with both.
Years of practice/experience
The more years of experience an attorney has in divorce, the more they can ask in fees. The more years of divorce experience they have, the more likely they will be able to make the best suggestions to you, steer you in the right direction and take a look at your case more carefully.
Percentage of firm devoted to divorce
An attorney’s percentage of their firm that is devoted to divorce and family law will help you get an idea for how much experience they have in the terms of divorce. An attorney with a firm solely devoted to divorce may have more experience and a better understanding of divorce related concerns.
Your choice of legal representation is a direct reflection of you. Take your time to make a wise decision with the choices you have so that you can be sure you are being represented the best way you can be.
There is a lot to learn about divorce and your credit status. Making the right moves involving your credit during your divorce is a very important thing to do.
There are only two types of credit accounts : Individual and Joint. You may authorize certain people to use the account with either type of account. There are good and bad things to review with both types of accounts.
Individual Account : Everything about you, your assets, income and credit past are reviewed by the creditor. Regardless if you are married, single or divorced, you alone are responsible for the debt. This individual account will appear on your credit report, along with anyone you have authorized to use this account.
If you open an account in only your name, your spouse (unless given authorization to use the account) may not damage your credit trail.
Joint Account : Everything about you, and your spouse, both financial assets, credit histories, income are subject to review for a joint account. No matter who you agree to make responsible for these bills, the debt lies on both spouses. If your account becomes past due, laws state that both names will be reported to credit bureaus.
When two names apply on one account, a creditor is more likely to trust that any debt will be resolved. Because there are two names on these accounts, both are equally responsible. This is also true even in a divorce. The easiest resolve here is to cancel any joint accounts while you are in a divorce and open you own individual account so that your spouse does not damage your credit.
Money matters ! It’s very important that you take a look at your financial situation and be prepared for anything coming your way. Be smarter, be a step ahead.
The average divorcing couple in the United States will pay an estimated $15,000 to get a divorce. In today’s economy, it is very important to look at divorce options and see which one best fits your wallet.
The cost of divorce can be managed. You can find cheaper options and better decisions. The idea here isn’t to get divorced for as cheap as possible, because sometimes you have to spend money to save money in the long run.
If you and your spouse are unable to make agreements on certain issues involving child support, custody and division of property, you will face divorce court. This is where financial matters spin out of control. Both spouses will need legal representation and hire other experts to assist you in your court proceedings. Attorneys charge per hour and all attorneys have various fees. If you can settle on certain issues and agree on division of property, you will save yourself more money than you can imagine.
Divorce mediation is a great alternative to divorce court. A mediator will be your thirty party with an unbiased opinion that will help you make decisions clearly and work through your divorce. This process is voluntary by both spouses in an effort to keep control of their divorce without attorney involvement. The only costs you face with a mediated divorce are are the cost of your mediator, fees paid to the attorney to review your divorce petition and court costs/filing fees.
Do it yourself divorce means that you represent yourself in your divorce case without the presence of an attorney. You will be responsible for properly filling out all legal forms and documents. The only costs involved here are filing fees and court costs if you represent yourself in divorce court.
Collaborative divorce can be somewhat pricey, but not as much as a regular divorce. In a collaborative divorce you will be paying two attorneys, two collaborative coaches, and a divorce financial specialist. Also a child specialist if children are involved in your case. In a collaborative process you will pay each specialist their hourly rate but there are no court costs or filing fees to pay.
Consider your options and choose what is best for you.
Annulment is a legal process that has a marriage declared null and void. The laws for annulment vary from state to state so it is important to know and understand your state’s laws on annulment and divorce.
Here are some reasons a court could possibly declare an annulment :
~ Either spouse felt forced or trapped into marriage by their spouse or particular circumstances.
~ If a spouse was previously married and that divorce was not finalized.
~ If a spouse withholds pertinent information to the marriage such as sterility, impotence, criminal history or STD.
~ Either spouse does not mention that they were previously married and divorced.
To obtain a civil annulment, you must go through the same process as divorce. You must file a petition with the courts stating your grounds for annulment. Most marriages that result in annulment are of short duration and there are usually no child related cases in addition to the annulment.
No matter the length of time married, a petition to the court must be filed requesting the marriage be void and you must have a court hearing. If the courts find that the party requesting the annulment (petitioner) has proven their case, an annulment will be granted.
Some spouses change immediately overnight. Some requests for divorce are unexplained and unwarranted. Could you or your spouse be having a mid-life crisis ? If you are between the ages of of 40 and 60, it could be possible. There are some speculations as to whether mid-life crisis is real or just and excuse, but renowned psychologist Carl Jung was the first to identify mid-life crisis as a part of the maturing process.
Most people will experience some sort of emotional transition during this time. These transitions will make you look at your life in detail and feel the need to adjust the way you are living. For some , a mid-life crisis is much more difficult to deal with. It can be a emotional train wreck and set a person into severe depression and needing therapy. Some traits that are specific to mid-life crisis are :
1. Sudden unhappiness with a lifestyle that they have been living for numerous years and the need for an immediate change.
2. An uncanny need for adventure and risk.
3. Lack of interest in things that were the very thing in defining that person.
4. Doubting or questioning the choices they have made in life.
5. Not knowing who they really are and what direction they are going in.
6. Anger, frustration and blame toward their spouse for feeling "tied down".
7. Resentment and doubt about their marriage.
8. A desire for a new intimate relationship.
Stress is a huge factor in mid-life crisis. Lots of external factors contribute to someone feeling the uncertainties of mid-life crisis. Here are the two major stressors that commonly begin a mid-life crisis or set a mid-life crisis into full swing.
Debt.
Credit cards and loans easily give us free range to get so far behind that we can not see the light at the end of the tunnel. We live in a society where it is commonplace to live far above our means. Being middle aged and facing retirement, loans and outstanding credit can worry you as to how you will deal with them after you retire. The best solution here is to speak with a deb consolidator to see if they can help make an easier plan for you rather than feeling as though a weight is on your chest that you will never be able to remove.
Significant Loss.
The death of a family member can cause much more grief than a middle aged person can handle during their transition. A death can be overwhelming to a point where the mid-life transition can become overwhelming. A counselor who will listen may be able to help you sort your feelings.
Whether the above mentioned stressors are the cause of a mid-life crisis or not, if you receive help in time your marriage may be saved. Divorce is not always the answer for everything. There could be reconciliation possibility for you if you have the right help that you need.
Controlled separation is a trendy approach to dealing with divorce in a less confrontational way. It's popularity has skyrocketed in the last few years. In a controlled separation you and your spouse will work with a counselor or mediator to arrange separation agreements and work to see if there is a resolution to your marriage as a final step before divorce proceedings continue.
By having a controlled separation you and your spouse can live separately and make negotiations for a marital solution. This is a very good thing to try. Sometimes a third unbiased party like a mediator or counselor can recognize problematic areas and possibly find a way to save your marriage. If the spouses are separated sometimes problems are easier to identify and possibly rectify.
In a controlled separation there will always be certain guidelines to follow based upon each couple's issues that they have in their marriage. Here are some ideas for planning your controlled separation.
Someone leaves the household. It is key to work on your problems without constantly arguing with your spouse. If one spouse leaves there will be more fresh air between you to make proper decisions.
Separation time limit. It is a good idea to have a goal as to when you will come to a resolution. Setting a timeline may help you work toward your goals in a more organized manner.
No attorney involvement. You and your spouse should agree to not involve an actual divorce until you have given controlled separation a fair shot and are willing to say that you did give this all you could.
Financial Support. You and your spouse should agree what is a fair way to make sure your spouse is okay financially.
Children's Involvement. Your children should not be neglected in any way. Make a visitation plan and possibly a family outing.
Intimate Relations. Determine whether continuing a sexual relationship will be wise for you at this difficult time.
Ending the Controlled Separation. Decide whether one spouse can end the controlled separation or whether both spouses must agree that it should end.
These guidelines will allow you to approach your issues in a positive and respectful manner. Everyone will be more cool calm and collected. Good luck to you !