Mar 10

Getting insurance for yourself and your children must be considered during pre-divorce settlement negotiations with your spouse.

Insurance issues may be complicated and largely the purview of lawyers but you need to be actively involved to protect yourself and anyone who depends upon you.

What are some insurance pitfalls to watch out for as you prepare for divorce?

Did you know that your life insurance policy could still cover your spouse even if you two are divorced and no longer a part of each other’s lives? Life Insurance policies are deliberately written in fine print. When it comes to divorce, you don’t want to ignore life insurance decisions because you may end up losing more than you could ever imagine.

Be aware that life insurance laws are different in every state. You need to find out how the law applies to your case because you may find yourself faced with some very costly complications. If you have a good attorney, you should be able to protect yourself but do your research also. This way you will be educated when these matters are discussed and can stand up for your rights.

Does your life insurance policy pay out a lot of money? If so, you need to make sure you know exactly what it is that you are signing and how the terms apply. In the case of a pending divorce, meet with your attorney and your insurance agent as soon as possible to arrange to have your spouse taken off your policy as soon as the papers are filed.

Some states make life insurance policies invalid as soon as the divorce is finalized. Other states require you to replace your policy or make changes in the policy. You can take your ex off and place your children or others on the policy as the beneficiary. Changing your beneficiary is not difficult and can be done within minutes.

You need to negotiate who will be paying the premiums. If your husband is to pay, he can stop paying or cash in the policy and leave you with nothing unless life insurance is a negotiated part of the divorce settlement.

To protect the children, make sure that your divorce settlement stipulates that the children are to be kept as the beneficiary and make sure that your spouse shows proof of it each year. If your spouse allows the policy to lapse, your ex may not have to reinstate the policy unless ordered by the court. Get it in writing before the divorce is finalized!

If you would like only your children to benefit financially from your life insurance policy, you will want to open a trust fund and then name the trust as the beneficiary and name a trustee to manage the proceeds. Many banks offer this service. This way your ex will never get parental control over any of the money left to your children should you die before they are of legal age.

You can also block your children from giving any of the money to your ex by setting up the trust fund and stipulate that the children cannot receive any of the money until they are young adults. The normal age of legal maturity for such trusts ranges from 18 to 21. You may also stipulate that the insurance proceeds be restricted to higher education use only and held in trust until your children or other heirs avail themselves of the money for education.

You also need to think about ongoing medical insurance.

In some states you can stay on the medical insurance policy for 36 months after the divorce is final. Each child can be covered until they are adults. You also need to negotiate how medical insurance premiums are to be paid. Are they to be paid by you or your spouse or perhaps split between you?

If you get the primary residence in the settlement, you could face more surprises. The building, furnishings and personal property that are covered in your Homeowners Insurance may only be reimbursed to the person named as primary beneficiary on the policy. Therefore, if your spouse has the insurance in their name, then the value of any damaged property will not be reimbursed to you in the case of fire or other disaster. Your spouse will get all the money for the losses.

If you are the one moving out, make sure that you take everything that you value, that is permitted in the settlement for you to take. You will want to take anything that you would miss if you were unable to recover it.

If you are faced with getting Health Insurance, Life Insurance, Auto Insurance and Homeowners Insurance on your own, the time to start researching insurance options is now, before divorce papers are filed, not after.

If you would like to save your marriage and stop your divorce, Author Jim DeSantis presents a helpful free ebook: “Save Your Marriage, Stop Your Divorce” – here – No Email Required! It’s also free at jim-desantis.blogspot.com/2008/06/save-your-marriagestop-your-divorce.html

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Mar 9

Though some divorce attorney In Texas may be popular with couples whose marriages are being mismanaged, thousands of marriage problems get resolved by couples who read a special marriage counselor book. This easy to understand English book has helped to make many successful marriages. Your marriage would be successful after you read this extraordinary book, so don’t despair.

Some marriages become problematic and couples go searching for a divorce attorney In Texas or elsewhere, because they had no idea nor did they discovered exactly what is involved in successful marriage. This marital state of affairs is more rampant than you think. . Your own marriage can be in the same situation, no matter how long you have been married.

How Should You Save Your Marriage From A Divorce Attorney In Texas?

The fundamental necessity for a successful marriage is informed knowledge of pros and cons of successful marriage, which you can obtain from an expert; a competent marriage counselor knows exactly what is required to ensure a successful marriage.

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Mar 8

Anyone who has been through the rigors of divorce knows how emotionally and physically difficult a time it can be. Often, we forget about the effect it is having on the children who can sometimes believe that they are somehow to blame. It is important for the children to receive appropriate help during this stressful time and to be assured that they are not at fault and that both parents still love them very much.

As hard as it may be at the time, both parents need to be civil toward one another and work out an arrangement that is in the best interests of the children while still allowing the parents to meet their own needs as well. It is far better to do this yourselves than to put everyone through the distress of a court and having an arbitrary decision made for you.

This is a time when both parents need to work together to help the children. Even if one parent fails to honor their commitment to help the children, the other parent still needs to do the best they can to be responsible in this situation.

You should not keep the divorce a secret from the children. You need to tell them when you make your decision and what is going to happen. Try to give them at least a little bit of notice before the parent moves out so that the child can have the time to deal with it and ask questions. Reassure the child that both parents are still going to be there for them and that nothing has changed in that sense.

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Mar 7
Work To Stop Your Divorce
icon1 Roy Anderson | icon2 Divorce | icon4 03 7th, 2010| icon3No Comments »

There are times when you may feel that you are at a dead end with your marriage, when this happens it is very important that you learn all the different strategies available to help you to stop your divorce and to save your marriage from falling apart right before your eyes.

In many marriages that are having a problem, the most effective cure for this problem is to be able to talk to your spouse. Easy and non-confrontational communication is the way to go. This way you can be open about any problems you and your spouse may be experiencing and you can put all the cards on the table about concerns you must have. In addition it will bring you closer when you have the chance to tell each other how you feel and stop your divorce.

Another thing you can do is to seek professional help; there are many different therapist and marriage counselors that will be more than happy to assist you in finding out what is wrong with your marriage. You will be able to have an impartial third party, who will not judge you and your spouse, instead they will try to get to the bottom of the marital crisis and help you find a resolution. They also give your resources and hands on training techniques you will need in order to ensure that you and your spouse are able to give the marriage a fighting chance, with proven techniques that work.

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Mar 6

It is often said that buying a house or getting married are the major decisions in life. But the decision to divorce is an even bigger decision. This article considers some aspects of decision making in relation to divorce.

When we consider divorce, we soon realise that it never easy because it involves pain and distress for everyone associated with it. But there is another aspect, too. When couples marry, the idea of divorce is not even considered. However, as soon as we start to contemplate divorce, we have to accept that it is a huge change in our lives and such a change can be, for some, a reason not to proceed. After all, the decision to divorce goes against the hopes and dreams we once had. This for some people is an obstacle in itself, but there are many others to consider and some of these are discussed here.

For parents, it is the children that present the greatest obstacle to divorce. No parent wants to cause pain or unhappiness in their children particularly if the children are very young. But we have to realize that children are well aware what is going on in the family. Usually, children can detect when their parents are not communicating as they once did. Yet it is a fact that when children are told by their parents that they are about to divorce, it sometimes is greeted with the comments that they could see that was going to happen. Children are very perceptive.

At some point during the divorce process, the family home will change. Possibly, one of the parents will leave the home and this will change the dynamics within it. For children this can be a problem, but what is important is that they need to know that they can see the missing parent at anytime. And it is sensible to make proper provisions for access so the children are as protected as much as possible.

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Mar 6

Sadly whether we like to admit it or not, Divorce is a growing part of society’s day to day existence. More and more of us are getting divorced on a much more regular basis and some even seem to be making career moves out. Of course divorce is one of the subjects that we try to avoid when we embark on a relationship and indeed when we get married but sadly it is not a subject that at least 25% of us will avoid in our lives.

It we accept that divorce is possibly a potential outcome of a relationship breakdown then quite frankly we are duty bound to make sure that it is taken seriously. This means quite frankly, first and foremost, taking care of family issues and making them a priority especially if there are children involved. Remember folks, I don’t want to sound as if I’m being moralistic, far from it, but the children did not ask to get involved and quite frankly again, those who use their children as bargaining tools are beneath contempt. By all means haggle over the family real estate and bank account but leave the children out of it and make sure that they all well catered for.

However if you have any type of idea that a separation and divorce is headed in your direction, then there are certain things that you can practically do. Don’t feel guilty about taking these measures if you must. Messy breakups which lead to divorce can show the darker side of your partner.

1. Knowledge is power. Know where you and your spouse have bank accounts, life insurance policies, mutual funds, certificates of deposit, all other instruments of finance, and important documents such as social security cards, passports, birth and stock certificates, and the details of pension, 401 (k), and other employee benefits. Know the location of and have access to safe deposit boxes. Your county recorder of deeds can help you track down real estate and deeds.

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Mar 4
Cheap Divorce
icon1 admin | icon2 Divorce | icon4 03 4th, 2010| icon3No Comments »

Cheap divorce is possible if you are fully aware of all the possible expenses involved. And keep an eye on them. It may require double the effort and attention to try and keep your expenses down to a minimum. But if it really is your main goal and aim it will be worth the try. Try to put your focus on the variables like certain legal representation or the cost of different divorce kits or divorce form packages. Cutting costs here and there can save you money in the big picture.

The actual cost of divorce may range, from context to context. The total number of hours spent on the case and your lawyer’s rate will determine the amount due. To keep track of costs, you must be aware of the Retainer Agreement. Different lawyers vary in their rates for particular duties. Make sure to check out the ranges and choose your attorney accordingly. The hourly rates of these associates or paralegals will be less than their seniors and this can result in a reduction of overall legal costs.

You will have to scout around for a lawyer. By doing this, you will be able to figure out what the prevailing professional rate is. Once you have points for comparison, you may then further investigate those rates which are significantly lower than the rest.

To save you some time, it would be good to ask your friends or relatives for recommendations.

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Mar 4

In divorce, a common question is, “what is the alimony formula”. Well, there really is no set alimony formula for divorce. This is in complete contrast to child support, which is decided based upon a specific formula in each state. Alimony is based on factors and those factors are decided through divorce negotiation or by a divorce judge. But, there is no alimony formula available to your divorce attorney or you to determine in advance what alimony will be paid in your case.

What does a divorce court look at to determine alimony? Those issues do vary by state. But, there are also many alimony factors that are common from state to state. So, although there is no specific alimony formula for you to rely on, there are alimony factors that you can look at to help you determine what the alimony might be in your case.

In divorce, some of the alimony factors that a judge might look at include the following. First is the length of your marriage. If the parties have been married for one year, the court’s attitude towards a request for alimony will be very different than if the parties have been married for twenty years. Because the length of marriage varies so much in all divorces, it is not possible to plug this factor into an alimony formula to determine the alimony amount.

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Mar 3

In the state of Tennessee to dissolve a marriage without the other parties consent requires that you have grounds to divorce. Certain states have true no-fault divorces that don’t require one party to prove grounds. Grounds are a reason recognized by the state of Tennessee that they will allow you to get a divorce for. They range from adultery, abandonment, to a catchall inappropriate marital conduct that can include a variety of behaviors that it is “inappropriate” for one married person to do to another. Tennessee code section 36-4-101 sets out the fifteen grounds. Among those ground is one called “irreconcilable differences”.

As a lawyer who does divorces in Memphis this is what about half your clients will want when the call you. Some lawyers here advertise they can do one for $225 plus court costs in the Memphis Commercial Appeal! The problem is this really isn’t a ground for divorce under Tennessee law.
You see in Tennessee to get a divorce for irreconcilable difference you must have a signed and notarized Marital Dissolution Agreement that sets forth how all the property will be divided and who gets what. If you have children then you also need a completed parenting plan where you agree on all details, a child support worksheet based on that plan, and to take a parenting class.

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Mar 1
How to avoid divorce
icon1 admin | icon2 Divorce | icon4 03 1st, 2010| icon3No Comments »

Every marriage hits a rough spot occasionally. And while not every marriage should attempt to be salvaged, a great many more than are saved today should and can be through concerted efforts. So, the first step in avoiding divorce is recognizing that the fact that you have come to this point in your relationship is not unusual, but it does indicate that something must change if it is to survive. But before you go through a mental litany of everything that needs to change as justification for giving up, realize that there is help out there and if you are willing to put in the time and commitment, you can make your marriage work even when it seems that you and your partner have reached the end of the road.

Marriage Counselling

Marriage counselling can be a very effective instrument in putting a marriage that seems to be going down the divorce path back onto the right track. Counselling helps couples to identify the root of their marital problems and solve them with a little help from a professional counsellor trained in mediation. Finding an effective marriage counsellor, however, requires a bit of work on your part. Many counsellors will offer a free consultation. Ask for recommendations from friends, but in part you should call 10 or so counsellors, ask for their price packages ahead of time and then schedule consultations with the 3 or 4 that meet your pricing needs. Make sure that when you go into these consultations you grade the effectiveness on how BOTH you and your spouse feel about the individual.

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