A COLLABORATIVE DIVORCE PUTS CHILDREN FIRST

In a collaborative divorce, couples resolve problems and manage disputes in a private, out-of-court setting. For parents who face a lifetime of events involving their children, this is a less adversarial process that is designed to preserve a healthy co-parent relationship.

You will be the judge

Even the most cooperative parents aren’t always sure how to navigate every issue they encounter during a divorce. Using a collaborative approach, couples work with an interdisciplinary team of professionals to reach a settlement. Parents can make well-informed decisions based on guidance from:

  • Family law attorneys: Both the husband and wife have their own collaboratively trained lawyer who looks out for their best interest while supporting the family’s goals for the future.
  • Financial specialist: A neutral financial expert helps to gather and analyze financial information about income, assets and liabilities to help the couple understand their options.
  • Mental health specialist: A licensed mental health professional helps parents manage intense emotions so that they can focus on the family’s goals for the future.
  • Child specialist: A licensed mental health professional with specific training in child development supports the overall goal to reach an agreement with the children’s best interests at heart.

What parents should know

A collaborative divorce may not work for every family. In fact, this problem-solving process works best when mutual respect already exists between parents. This approach might be a good alternative to litigation if you and your spouse are generally able to settle your differences in a fair and honest manner.

ONE GENERATION PLANS FOR DIVORCE, ONE PLANS FOR MARRIAGE

According to data collected by the U.S. Centers for Disease Control and Prevention, the overall numbers of divorces in the country have dropped. On average, marriages are lasting longer and even younger people who get married are not divorcing as frequently as they used to. However, those numbers could be related to the fact that people are waiting longer to get married and more people are delaying marriage, even when in committed, serious relationships.

While younger generations may be getting married and staying married, at least for a longer time, older generations are still getting divorces. Starting in the 1970s, baby boomers started filing for divorce, setting records for the number of petitions filed. There may be several reasons for this, such as more women in the workplace, a more streamlined divorce process or even longer life expectancy.

Divorce is not age specific, nor does it preclude those who are already looking at retirement or have been retired for many years. When a baby boomer is considering divorce, he or may benefit greatly from the help of a Kentucky divorce attorney who can help weigh all the options and help choose the best path. With the right help and the right perspective, the end of a marriage can be the start of a wonderful new life, no matter the person’s age.

Source: Bloomberg, “Boomers Are Making Sure the Divorces Keep Coming“, Ben Steverman, June 17, 2016

 

CO-PARENTING COULD BE A BENEFICIAL CHILD CUSTODY ARRANGEMENT

Co-parenting means that parents will share responsibilities such as transportation, visitation time and more. They may also share decision-making authority regarding religious upbringing, education and medical needs. How this works on a daily basis will differ based on the needs and desires of the individual Kentucky family. 

The foundation of a truly workable and sustainable parenting plan is a carefully drafted child custody order. When parents choose to avoid litigation and work together on the terms of an agreement outside of court, they can maintain better control over how their family functions after the divorce is final. This also allows for consideration of special needs and issues with the children. If parents are not able to do this, the custody decisions will be made by a family court.

The objective of the family court during a child custody dispute is to protect the best interests of the children. However, a parent can avoid the stress and cost of litigation by working with a strong and experienced legal ally to reach an arrangement that is beneficial to every member of the family. To better understand all available options and discuss individual goals during divorce, a case evaluation is recommended.

Source: The Huffington Post, “Co-Parenting Post Divorce — Turning Challenges Into Opportunities“, Karen McMahon, June 21, 2016

SHOULD YOU SEEK SPOUSAL SUPPORT DURING DIVORCE?

While spousal support may be commonly associated with women, many men seek this financial support during divorce. It is not based on gender or the roles that each person played in the home, bur rather is based on income. The purpose of spousal support is to provide the financial assistance that a lesser-earning spouse needs, either on a temporary or permanent basis. 

Spousal support, commonly known as alimony, may be granted for a limited time in order to allow a person to go back to school or find a job. The length of time that support will be ordered and the amount will be based on the individual needs of the claimant and the financial situation of the two parties. An experienced lawyer can determine if a person has a valid claim for this type of support.

There are a myriad of complicated matters that must be resolved during a divorce, many of them pertaining to finances and money. If any Kentucky reader wishes to seek spousal support or would like to to know how to defend their financial interests during a divorce, we can help. Our team is ready to explain your options and rights during this legal process.

AVOIDING COMPLICATIONS IN A HIGH ASSET DIVORCE

A prenuptial agreement exists to provide financial protection in case the marriage does end. Such an agreement typically outlines how property will be divided and what will happen to assets and wealth accumulated during the marriage. This can actually help avoid undue stress and the added cost of divorce litigation as certain complex matters will already be resolved.

This type of agreement is not just for the rich and famous. It is also beneficial for couples who own small businesses or expect a significant increase in income during their marriage. A prenup is also for those who simply want to ensure that premarital assets remain with their rightful owner if the marriage ends. The contract can be very detailed or simple, according to the needs and wishes of the parties.

A prenuptial agreement is simply an acknowledgement of certain possibilities, not an act that is tempting fate. Viewed by some as a form of insurance, a prenup can actually prevent a lot of unnecessary complications, especially during a high asset divorce. A Kentucky attorney can work with an individual to ensure that his or her financial interests are well represented in the drafting and execution of any premarital legal agreement.

Source: sheknows.com, “Signing a prenup doesn’t mean you’re betting against your marriage“, Claire Gillespie, June 6, 2016