Archive for the ‘Divorce’ Category

Ways To Move On After A Divorce

Moving On

Whether your wedding was an extravaganza in which you said “I do” in front of a few hundred family members and friends or a quiet little ceremony between you, your spouse, and a court clerk or justice of the peace, you entered that union with big dreams, hopes, and a conviction that the two of you would be forever. Unfortunately, life has unseen twists and turns, and though you may have expected a few bumps in the road, you never thought everything would fall apart. If you’ve found yourself facing a divorce, you are likely feeling at loose ends and uncertain as to whether there is anything that you can count on. Though you may feel hopeless now, people do get over a divorce and find happiness again. Here are some top ways to move on after a divorce.

  • Give yourself a break from your ex – Continuing contact is one of the most challenging aspects of divorce and doing everything you can to minimize or eliminate contact will help you recover and return to your sense of self. Though this may seem impossible if you have children who shuttle back and forth between homes, you can arrange custody so that drop off and pick up are organized around school or daycare rather than at either of your homes. If you are a member of a shared community such as a church or social group, you may choose to avoid attendance for a while, or even to negotiate that the two of you alternate attendance. It’s also a good idea to block each other on social media and explain to your friends that contact is painful, asking for their patience and cooperation
  • Recognize the loss and allow yourself to grieve – Though a divorce is not a death, it can feel like one, and as a result, you should let yourself go through each step of the grieving process. There are wonderful books dedicated to the subject and reading them can be helpful. Be kind to yourself, with no expectations of how long it will take you to recover.
  • Build new habits and adopt new rituals – Every step you take to introduce yourself to something new allows you to step away from the painful past. Create new rituals, get involved in new sports, meet new friends, change your schedule.

Divorce is painful, but by being mindful and not expecting too much of yourself, you will get through it and move on to a better day. If you need legal guidance through the process, contact us today to set up an appointment with our compassionate attorneys.

 

Why Is The Divorce Rate For Same-Sex Marriages Higher For Lesbians?

Same-Sex Marriage and Divorce

Same-sex marriage became the law of the land in 2015, when the United States Supreme Court’s decision on Obergefell v. Hodges effectively struck down all state bans on the practice and made gay marriage legal across the land. This represented a broadening of laws that had already passed in several states, as well as in several countries around the world. With same-sex marriage now more broadly available, new questions arise about how it might change marriage associated practices, including the divorce rate, adoption, and more, and it is likely that there will be a great deal of research into statistical differences between different types of couples. Those studies had already begun to be conducted in countries where marriage equality was already the law, including in the United Kingdom where a new study conducted by the Office for National Statistics has found that marriage between lesbians was more likely to end in divorce than marriages between homosexual men.

The United Kingdom made same-sex marriage legal in 2014, just 15 months before the United States. As was true in the U.S., passage of the law resulted in a rush to marriage, with over 1,400 couples marrying within three months of the new law’s passage. The majority of those unions were between lesbians, and almost immediately after getting married, the same-sex marriages began falling apart. One year after getting married 22 couples had divorced and two years later another 90 had split up, bringing the total to 112. An astonishing 77% of the divorcing couples were women.

It is unclear as to why the lesbian couples in this and other studies have gotten divorced at a higher rate than has been true of homosexual males: the top reason given for splitting was “unreasonable behavior,” which is the UK’s version of irreconcilable differences. Some sociologists have posited the notion that the women rushed into marriage with higher expectations and a greater sense of romance about the union than the more clear-eyed approach that the men had taken, but that theory has raised some eyebrows and objections. In Britain, lesbian couples were found to break up twice as frequently as gay men even before same-sex marriage became legal. A similar trend appeared in a study conducted on civil partnerships in Norway, Sweden and Denmark by researchers at Stockholm University.

It is interesting to note that even in heterosexual marriages, women are more likely to initiate a divorce than men are, and that may provide the most significant clue of all as to why the divorce rates are higher for lesbians than for gay men. Women may simply demand more from the relationship, or be quicker to acknowledge when it is no longer working.

Whatever the reason, if you are in need of an experienced divorce attorney who can help you navigate through the challenges of ending your marriage, we can help. Contact our office today to set up a time to meet.

Can You Develop PTSD From A Contentious Divorce?

Easy divorces are extremely rare. In most cases, the divorce process is contentious. In some cases, they are extremely high conflict affairs. The stress of a contentious divorce can have wide-ranging impacts on the individuals getting divorced and their children, as well as their family and friends. In some cases, the stress goes beyond the norms and reaches a level that creates a medical diagnosis of PTSD, or Post Traumatic Stress Disorder.

There are many factors that can contribute to a divorce leading to PTSD. If the divorce is the outcome of adultery or abuse, the psychological scarring can arise from those events and then be exacerbated by the stress of the divorce process itself. As couples argue over belongings, the marital home, and custody, they can inflict tremendous pain on one another. Generally speaking, spouses know one another better than anybody else, and though that is a positive thing when you’re talking about supporting each other in a time of need, it can work against you during a time of conflict. A divorce is a painful event under the best circumstances, but when the situation is adversarial and the person who is on the other side of the table knows your weak points, they can inflict real pain and damage in devastating ways.

Making matters worse is the fact that the trauma of a contentious divorce is rarely limited to the two spouses that are dissolving their marriage. If the couple has children, then an emotional toll will likely be exacted on them as the couple vies for their attention. Divorcing couples often treat their children in the same way that they do the possessions that they are fighting over. They are jealous of each other’s time with the child or children and begin to label interactions that were once acceptable and normal as abusive, manipulative, or worse. The same is true for family members, colleagues, and friends who may want to support both individuals. They often find themselves hearing devastating details that they’d rather not know, and disparaging comments that they’d rather avoid entirely.

PTSD is a serious psychological disorder that may require extensive counseling and treatment.  When a high conflict divorce leaves you depressed, unable to sleep, and in a constant state of stress, it is essential that you seek help from a qualified therapist to help you deal with what is happening to you. Doing so is the best way to ensure that you are able to move forward and find a healthy relationship in the future, as well as to live a peaceful life for yourself. If you need legal assistance through a contentious divorce, we are here to work as your advocates. Contact us today to set up an appointment.

 

Could Amazon CEO’s Divorce Be The Most Expensive Divorce Of All Time?

It’s not hard for the curious to do some digging and find some eye-popping divorce settlements that have been agreed to by the rich, famous, and not-so-famous. But in all likelihood, they are all going to pale in comparison to what Amazon CEO Jeff Bezos may agree to in his divorce. Bezos and his wife of 25 years, MacKenzie, recently announced that they are ending their marriage amicably, and though their tweeted announcement painted a picture of two best friends, intent on continuing as co-parents and partners, there’s little doubt that Bezos, the richest man in the world, will be ending his marriage by paying MacKenzie tens of billions of dollars. This is likely to be the most expensive divorce of all time.

Contributing to the forecasts of approximately $66 billion being signed over to MacKenzie (based on Bezos’ estimated $137 billion in profits from Amazon) is the fact that the couple’s home state of Washington is a community property state, and that means that any assets accumulated during the course of their two-and-a-half decade marriage gets split down the middle. A quick check of the couple’s history together reveals that the two married one year after the tech entrepreneur started his company, and that means that none of Amazon’s profits can be considered premarital assets.

There is no telling what kind of arrangements the couple will make when it comes to child support or spousal support, but if the predictions of $66 million (less with the cost of attorney fees) going to each are correct, it is unlikely that Mrs. Bezos will have a hard time paying for expenses. To compare the probable outcome to other headline-grabbing divorce settlements, take a look at a few other settlements that have been reported over the last several years:

  1. Prior to the Bezos divorce, the most expensive divorce settlement in history was attributed to Alec and Jocelyn Wildenstein. In 1999, the businessman and art dealer agreed to provide his wife $3.8 billion.
  2. The second most expensive divorce settlement in recent years took place between Rupert Murdoch and his wife of 31 years, Anna Torv. The media mogul and his journalist wife had three children together, and when they split in 1998, he agreed to pay her $1.7 billion.

Every divorce is unique and requires careful attention from the attorney representing you. If you need guidance as you navigate this challenging process, contact us today.

How Will My Medical Marijuana Card Affect Child Custody Proceedings?

Going through a divorce is challenging under the best circumstances, but when there are children involved things are always more complex, and often more contentious. Every situation has its own unique dynamics, but a relatively new issue that has been introduced to custody discussions is the question of whether or not a parent can have their custody taken away or whether their chances of getting custody can be affected by their use of medical marijuana.

The state of New Jersey enacted the New Jersey Compassionate Use Medical Marijuana Act in 2010, and Pennsylvania passed a similar (though more restrictive) law in February 2018. The use of the drug for any reason could previously have been a clear issue in a custody battle previously, but the role that the legal use of the drug for medicinal purposes plays in child custody is a new and untested question.

Generally speaking, courts are averse to keeping children from parents for any reasons other than the parent is unfit, with that being defined in New Jersey as the parent conducting themselves in a way that “has a substantial adverse effect on the child.” Without a specific definition, it is generally left up to the individual court to determine whether a parent is fit “physically and psychologically” of fulfilling their role of parent while the child is in their custody.

The general consensus is that a party opposing a parent with a medical marijuana card having custody would need to prove either that the parent is so sick that they are not able to provide the care that the parent needs, or that the parent is so irresponsible with the way that they manage their medical marijuana as to make them unsafe and untrustworthy. Though the health and safety of the child is always the primary concern, it is also true that if marijuana has been prescribed by a physician for medicinal purposes, it is generally to be considered no different than any other type of medication being prescribed.

If you are a legal, responsible user of medical marijuana and you are concerned that your spouse will use your prescription and use against you in a custody hearing, you need legal representation. Contact our office today to learn more about how we can help.

The Alimony Tax Deduction Is Gone. Now What?

If you’re in the process of negotiating or navigating divorce and you’re anticipating taking advantage of the alimony tax deduction, we have bad news for you – as of Dec. 31, 2018, that deduction will no longer be available to you. If you are anticipating being on the paying end of spousal support, not only can you no longer deduct the amount you’ll be paying, but your soon-to-be-ex has now gotten something of a windfall, as they will no longer have to report what you pay them as taxable income.

If that hardly seems fair to you, you’re not alone. The change is part of the tax reform act, and though the end result for you may mean that the payments you make are going to hurt worse, it’s part of what funded the corporate tax cuts that are supposed to boost the nation’s economy. According to tax experts, the impact for divorcing couples will be less money available for your collective households, but for the government, it means higher tax receipts.

If you’re not clear on how that works, it’s actually fairly straightforward. The spouse who earns a higher income is the one who pays spousal support and pays higher taxes. The spouse receiving spousal support generally pays taxes at a lower rate. By eliminating the deduction, the government can tax more of the higher earner’s income. The receiving spouse’s taxes are worth less to the government than the paying spouse’s taxes are.

According to experts in divorce law, the change is probably going to create a significant shift in the way that divorce settlements are negotiated, as higher-earning spouses will be reducing the amount of money that they are willing to pay to reflect the loss of their write-off, as well as the fact that their spouse will be receiving tax-free income. Divorce attorneys will likely have to calculate what the net difference is for each and make adjustments to the settlements that they propose and agree to in the interest of parity. The loss of the deduction will mean that the paying spouse has less money to give.

Though the alimony tax deduction is no longer available, mediation and negotiation can still lead to a fair agreement. Contact us today to learn how we can help.

What Is Considered Marriage Abandonment in Pennsylvania?

In the state of Pennsylvania, grounds for getting a divorce can be classified as either no-fault or fault. In most cases, people file for a no-fault divorce: this is the most straightforward process, and usually takes the least amount of time. However, there are some instances when a spouse refuses to consent to a divorce, is not available, or has engaged in some type of significantly negative behavior that demands that the divorce is sought on fault grounds. Marriage abandonment is one reason for an at-fault divorce.

There are several different reasons why a person can seek an at-fault divorce in Pennsylvania. One is marriage abandonment or desertion. In order to qualify as abandonment, the abandoning spouse must leave for a minimum of one year, under circumstances that the other spouse did not agree to. If the two agreed to separate, if one spouse takes a job elsewhere and the spouse left behind chooses not to go, it does not qualify as abandonment. Importantly, if the deserting spouse returns at some point less than a year and stays in the home, then leaves again, the clock starts over again.

One of the most important requirements for abandonment and desertion is that the departure must be willful and malicious. This means that if there is no reasonable justification for one spouse to have left (such as having been abused, or your spouse has had an affair), and the departing spouse has moved out in a responsible and respectful manner, then the departure does not qualify as desertion or abandonment. If your spouse has left you and has notified you that they are leaving, where they are going to be, why they are leaving, and they have contributed financially to their marital financial obligations, it is not considered abandonment.

The other situations that qualify for an at-fault divorce in the state of Pennsylvania include adultery, cruel and barbarous treatment that endangers the other spouse’s life or health, bigamy, the imprisonment of your spouse for at least two years, and indignities, which are defined as rendering the other spouse’s condition intolerable and life burdensome.

Though an at-fault divorce may be appropriate for your situation, obtaining a no-fault divorce is often easier. For information on what will work best and provide you with the easiest solution to an uncomfortable situation, contact Reinherz Law today to set an appointment to speak with one of our empathetic professionals.

How is Pet Custody Determined in a Divorce in New Jersey?

At its most basic, a divorce is nothing but the dissolution of a contract. Where a marriage once existed, it no longer stands. There are steps that need to be followed in the process of breaking the contract: assets need to be distributed equitably, decisions need to be made about any real estate or businesses that the couple owns together, and if there are children involved then the couple will need to determine issues of custody. Every marriage is different and has different elements that represent issues that have different levels of emotional attachment. Though most people assume that there is nothing more heart-wrenching than making decisions about who will have custody of the couple’s children, there is an increasing number of cases where there is an equivalent amount of anxiety surrounding pet custody.

At one time, New Jersey divorce courts refused to get involved in decisions about pet custody. Decisions needed to be made about a pet in the same way that the couple made their decision about who would get a couch or a bedroom set. But in recent years, as pets have begun to be identified more and more as members of the family, divorce mediators and judges are allowing themselves to get engaged in these decisions and in deciding pet-related disputes.

Though you can’t equate a pet custody decision with the process involved in determining child custody, there are certain elements that are taken into consideration in a similar way. Dogs, cats and other pets are not viewed as holding “subjective value” that is different from other property, and that value demands that emotional impact of where the pet will live be considered. There are not shared custody agreements written up by the courts: instead, the judge will look at who has the closest relationship with the animal and who has provided most of its maintenance and care. If there are children in the family, the judge will frequently opt for allowing the animal to go to the same home where the children live, based on the theory that children will do better if the family pet stays with them.

If you are about to embark on a divorce and fear the loss of a beloved pet to your spouse, you need a compassionate attorney who can fight for your rights. Contact us today to set up an appointment to discuss your case.

Divorce Terminology: What is Bird-Nesting?

In attempting to arrive at child custody arrangements that create the least disruption possible, many divorcing couples are agreeing to what is known as “bird-nesting.” Bird-nesting involves having the child or children continuing to live in the family home while each parent revolves in and out of the house, much as birds depart and return to the nest where their eggs and young rest. Whatever parent has custody at a given moment lives in and manages the house, while the other parent lives in a separate dwelling: the two can either share a single “away” residence and rotate in and out, or each can have their own separate living space.

Though there is no doubt that bird-nesting provides the children with a sense of continuity and has the advantage of avoiding the need for duplicate toys, clothing and furnishings in two separate households, the arrangement requires an extraordinary level of cooperation and the ability for both parents to set aside the relationship issues that drove them to divorce in the first place. Even in situations where parents can put their child’s needs first, there are likely to be issues regarding cleaning and maintaining each home, and once either or both parents become involved with a new partner or partners, additional concerns and challenges arise.

Bird-nesting can work, but only when there is almost total agreement on all aspects of parenting, from discipline and diet. Parents need to be able to communicate with each other on a high level to ensure that each knows about homework assignments and doctors’ appointments, though this is also true in situations where parents live separately and the child travels back and forth between their separate homes.

For many couples going through a divorce, birds-nesting offers an attractive interim solution to helping their child transition into their new family reality. If you are interested in pursuing a birds-nest arrangement, it is strongly advised that you do so with the assistance of a detailed parenting plan and living arrangement schedule so that there is no question as to who lives where when and what time anybody arrives or departs. If the goal is to minimize conflict in front of the children, then negotiating the terms of a birds-nest arrangement is essential. For assistance in this process, or with any other aspect of your divorce, contact Reinherz Law today.

What Are The Challenges Of A 50/50 Custody Split?

child custodyWhen it comes to how divorces are managed, a lot has changed in the last several years. Looking back as recently as 30 years ago, it was assumed that Mom always got custody, and Dad would have them once a week for dinner and every other weekend. In the last two decades, there has been a notable shift, with both parents wanting to share equal time with their children. This has led to the arrival of the 50/50 custody split. Though this type of child custody arrangement sounds good on paper, once you start to put it into action it can present some challenges.

The biggest challenge of a 50/50 custody is two parents that are still in conflict with one another. The only way that a 50/50 split of your child’s time will work is if you and your ex are able to communicate with each other effectively and work collaboratively in your child’s best interest. If that feels impossible, then you need to take a close look at whether you’re seeking the 50/50 custody share for your own sake for the sake of your child. Sometimes it is better to sacrifice a little time now in order to preserve your long-term relationship.

If you can work with your ex-spouse, the next challenge is in devising a custody schedule that gives each of you 50 percent of the time with your child without being disruptive of either your life or your child’s life. There are a few different options that have been found to work. These include:

  • Every weekend with school time removed – This essentially makes one parent responsible for weekdays and the other parent responsible for weekends. It is the least disruptive of the child’s school schedule but poses challenges in that one parent is always the one overseeing school work and extracurricular activities, and the other always gets the child’s free time.
  • The 2-2-3 schedule – One parent gets the first two days of the week, the child switches to the other parent for the second two days of the week, then the child switches back to the first parent’s home and stays for the weekend. The custody then switches for the following week. This gives equal time and equal weekend time, but it can be hard on the child to go back and forth so many times.
  • Every other week schedule – This gives the child a rest in terms of going back and forth between homes but means that a full week goes by between visits. This can be addressed by having a single dinner night on the parent’s off week.

Every situation is different, and there is a custody schedule that will work for you. Contact us today for help with child custody and other divorce concerns.

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