Complex Divorce Cases During Difficult Economic Times

Regardless of the economic climate in the United States, marriages still fail and divorces occur. When a couple chooses to end their marriage, complex legal and emotional issues are involved. These situations are never easy and can become more difficult when involving complicated matters such as child support, spousal maintenance and high-end property division. If you are facing a complex divorce, speak with a family law attorney knowledgeable in these matters to learn more about your legal options and answer any questions you may have.

Child and Spousal Support

When determining child-support payments, state courts follow rigid payment guidelines. Courts in New York and Connecticut calculate a parent's ability to pay based on individual incomes, assets and financial obligations. These state courts look at the "basic child support obligations" of the child's parents and determine the percentage of child support that must be paid, based on specific criteria. The court's formula can be complicated and the court has the discretion to deviate from the guidelines under certain circumstances. The required percentage a parent must pay in child support may differ depending on the factors considered by the court and the situations of the parties involved.

Unlike child support, no court guidelines determine spousal support (alimony). When one spouse requests support payments from the other spouse, the court must examine various factors, such as the party's need for financial support, the duration of the marriage and the amount of assets each party will receive. The court may also consider other factors, such as if one spouse assisted the other to further his or her professional career or gave financial assistance to help the other spouse gain an advanced educational degree. Additionally, courts in Connecticut and New York may award temporary child support or temporary spousal support, based upon the circumstances of the parties. A common reason for support to be temporary may be to give one spouse the opportunity to become self-supporting, called rehabilitative support. This is often entails support while completing an education or training to re-enter the workforce.

Property Division

Division of marital property is a common issue in a divorce proceeding. However, when higher value assets are in dispute, property division may become much more complex. These types of cases involve wealth preservation, transferring property and dividing property. Numerous assets may be at issue in a complex case, such as bank accounts, investments, inheritance money and property, real estate, retirement accounts, pensions, offshore accounts, comingled assets and others. Division may become particularly complicated in situations where joint business ownership and hidden assets are involved. The type and amount of assets may lead to additional complications, such as business and property assessment, and possible tax consequences. When numerous assets are concerned, it is crucial to consult with an attorney knowledgeable in the intricacies and complexities involved in high-value property division cases.

Support Modification

Modification proceedings are taking place more often in these difficult economic times. People are experiencing changes in their financial situations and may not be able to make the payments that were ordered in the original divorce. Modifications of the original divorce decree sometimes become necessary regarding child support and spousal support.

However, property division cannot be included in a modification order. This type of division cannot be modified at a later date, even if the value of the assets decline. Property division takes place during the divorce proceedings; it is a one-time determination that the court does not normally revisit in the future.

To make changes in support payments, a court order must be issued. An ex-spouse cannot change the payment amount or discontinue payments of his or her own accord. Without a court order for modification, the paying party will accrue back pay and still be liable for making those payments in the future. If payments are discontinued, back pay will grow and the other ex-spouse may be able to take legal action against the nonpaying ex-spouse for missed payments.

When a modification request has been filed, the court may modify spousal and/or child support if the paying party can prove a substantial change in circumstances that makes the support payment amounts unreasonable. The court may consider several factors, such as loss of job, new employment, changes in income, relocation, illness, remarriage or others, depending on the specific circumstances.

Consult a Family Law Attorney in Your Area

When dealing with the difficult issues surrounding divorce, it is beneficial to consult with an attorney who can explain the law in your state, guide you through the legal process and help you determine the best legal action for you under the circumstances.

Information provided by:
Heidi E. Opinsky, Esq.

Divorce Law Firms

Those who seek assistance from divorce law firms have a better chance of coming to terms with the legal ramifications of a separation. The various issues that arise as the result of a division of assets can be dealt with in a manner that is helpful to all parties involved goes a long way towards alleviating some of the pain or stress that legal battles entail. A broken marriage has the potential to be very difficult, however, the action does not have to lead to a court room battle. Proper advising and assistance from specialized attorneys can go a long way towards simplifying the process providing a certain level of comfort in an uncertain time, "For whatsoever things were written aforetime were written for our learning, that we through patience and comfort of the scriptures might have hope" (Romans 15:4).

There are many different aspects to a divorce and a plethora of issues commonly arise when a couple decides to end a marriage. Not only is the couple legally separated, but any mutual assets and possessions have to be divided evenly as well. Couples which have young children have to come to terms with custody rights, and in some cases battles are even fought for the possession of a family pet. Due to all the various aspects and details that commonly arise so does the necessity for a lawyer who specializes in matters of separation. Divorce law firms specialize in assisting people with all the potential legal details that follow.

Unfortunately many marriages end in divorce due to any number of reasons. Infidelity can bring about the end of a marriage as affairs are most often a sign of dissatisfaction as a couple has grown apart. Whatever the cause which leads to separation, laws must be followed in order to end a legally binding agreement that is made at the time of matrimony. Once a divorce is finalized both people can remarry if and when the event occurs. Some cases are more serious than others and a couple might decide a separation is not enough and might desire an annulment. An annulment differs from a divorce as once a marriage has been annulled the marriage is essentially erased. Those who desire to do so should seek the assistance and advice from several divorce law firms as the process can be a difficult one to manage.

Due to the amount of divorces that take place every year, hundreds of divorce law firms have been established in order to assist those in times of need. Technological advancements have allowed for ease in access helpful information and insights into the best firms as most have web sites which are easily accessed and provide not only information but occasionally free evaluations of cases. Those who are in the need if assistance would be wise to conduct preliminary research in the process so as to ensure that they receive the best services for the money spent, and to ensure that the process is as quick and painless as possible.

The process of ending a marriage does not have to end up in a court battle. Couples are able to come to terms with the separation and rationally come to agreements only require basic legal assistance. Divorce law firms are managed by experts who are able to assist people no matter how amiable or angry a couple is with each other. Those who are in the process of a divorce should keep in mind the dramatic effect that such an action has on all those involved, especially any children that the couple might have. One of the main issues in a separation involving children is the battle for custody. Parents should do all that is necessary to provide the most stability possible for children who perhaps are already suffering from turmoil brought on by feuding parents. Children should be taken into consideration as many times they bear the brunt of a divorce.

There are various levels of separation, not all of which result in the end of marriage. For example, a couple might decide that they do not wish to live together; however, there might still be a mutual desire to save the marriage. Such a situation can lead to a legal action which involves a period of time when the husband and wife live apart from each other for a specified period of time. The process is not an action which legally changes marital status; however the process is one that can be assisted by those who work with divorce law firms.

The situations surrounding every case are different depending on the individuals involved, however, most fit into one of several categories. Divorces are commonly categorized by either a 'fault' or a 'no-fault' status. A case that is deemed as fault is one in which blame for the action is placed on one or both of the people involved, and one or both of the individuals are cited. However, those deemed 'no-fault' are the most common in which blame is not assigned to either party which result from differences that cannot be resolved or for issues that result from incompatibility. Divorce law firms can assist with any case, regardless of whatever type is involved.

The ending of a marriage is unfortunate but in some cases unavoidable. Those who find themselves in need of a change can easily gain the necessary assistance and legal counseling from various divorce law firms. Lawyers who specialize in the matters are familiar with the ins and outs of the processes involved and are able to provide the help that is required in time of struggle and need.

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Uncontested Divorce

An Uncontested Divorce is a divorce case where both parties are in total agreement on all issues. This allows for the case to be finalized in one court date. A typical uncontested divorce case can be completed within four to six weeks. All required documents are prepared and sent out for signatures. Once the documents have been returned, they are filed with the Clerk of the Circuit Court. A court date can then be set where the proposed Judgment and attached Agreements can be submitted before a Judge for approval. Once the Judge signs the Judgement for Dissolution, it is official.

Uncontested Divorces are more common than many people think. Some people are surprised to learn that parties can mutually agree upon the terms of their dissolution. Not every case involves a highly contested custody battle. To the contrary, many couples have no children, little property to divide and little joint debt. In those cases, an uncontested divorce is the best option for both parties. It brings a quick and swift resolution to a broken relationship, it saves the parties time, money and heartache and it takes the decision making out of the hands of Judges. It effectively allows the parties to decide how to complete their divorce on their terms.

The most common ground that is al ledged in an uncontested divorce is irreconcilable difference. The parties must have been living, separate and apart, for a period in excess of two years. However, that two year waiting period can be reduced down to six months if the parties stipulate to that fact in writing.

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What to Bring to Your Divorce Consultation

A divorce is a life changing event. Sometimes a divorce is amicable and sometimes it is contested. Either way, it is wise to hire an attorney with whom you are comfortable and who you trust to look out for your interests in the divorce settlement.

Your first meeting with an attorney is called a consultation. It is usually through this consultation meeting and reference checks that a person decides whether or not to hire an attorney. In order to make the best use of the consultation and to see if you like the attorney’s advice and style, it is useful to bring all of the relevant information concerning your divorce with you.

You do not need to worry about the attorney sharing confidential information even if you do not hire the attorney. The American Bar Association’s Model Rules of Professional Responsibility, which have been substantially adopted in many jurisdictions, prevent the attorney from sharing information learned in a consultation except in limited circumstances if the information relates to a former client.

Since the information that you bring to the consultation is privileged, you should consider bringing the following types of documentation with you:
Any Legal Paperwork Related to the Separation or Divorce: If you have been served with any papers from your spouse or if there is already a formal separation agreement then it is important that you bring it for your attorney’s review.

Financial Information: The legalities of divorce have much to do with separating the marital assets. In order for your attorney to do so fairly and with your best interests in mind it is important for the attorney to know exactly what you and your spouse take in as income, have as assets, spend on expenses and have as liabilities.

Income: This includes all of the money that is made from working and investments. If there is a family business then that information is also relevant. Often, your attorney will ask to see recent pay stubs for you and your spouse and your past three years of tax returns.

Assets: Assets include real estate, personal property and, investments including retirement plans. It is helpful for you to provide your attorney with a list of the assets owned by you, by your spouse and by the two of you jointly.

Expenses: This includes all of the money that you regularly spend including things such as your money bills, grocery costs and money spent on the education and care of minor children.

Liabilities: Liabilities include any loans or mortgages that you have outstanding including student loans, residential mortgages, car loans and private loans.

Prenuptial Agreements or other Contracts: If you and your spouse have ever entered into a prenuptial agreement or another contract that would be relevant to your divorce or distribution of property then it is important for your attorney to review the agreement as soon as possible.

Documentation Concerning the Children, if any: If you and your spouse have children together then it is important to make your attorney aware of your wishes regarding the care and custody of the children. If there is any documentation concerning the children such as relevant medical or police records that show neglect or abuse then those are relevant to share with your attorney. Also if the court has appointed a Guardian ad Litem for your child(ren) it is important to make your attorney aware of the appointment.

Divorce can be a difficult time for many people. The right attorney can help you focus on the future and secure a fair distribution of property and a beneficial custody arrangement for your children. Therefore, it is important to provide a prospective attorney with all of the relevant information at your first consultation.

How to Minimize Stress While Divorcing

1. Do not try to remake your ex through the legal system. I frequently get my clients to commit to carry an index card in their wallet or purse during the divorce. Then I hand them a card that says "I will not ask my attorney to make my ex-spouse be a nice person; I will not ask the court to make my ex-spouse be a nice person; I admit that I am powerless to make my ex-spouse be a nice person."

2. Anchor into your job. Arrive 15 minutes early, cut your lunch time short, stay 15 minutes late - - - in a small way, this may make up for the time you spend daydreaming or being preoccupied with personal problems during the day.

3. Anchor into family and friends.

4. Anchor into your church.

5. Treat yourself kindly. Do not overextend yourself. I frequently recommend to clients the "every other day rule". If you have anything to do in one night after 6:00 p.m., then the next night, you come home at 6:00 p.m., close the door, and spend the evening relaxing.

6. Prepare your case in advance. If your lawyer sends you discovery and asks that you work on it and make an appointment in two weeks, do not wait until the night before the appointment to prepare. Do your preparation as soon as possible after the request.

7. Take a daily walk. A 30-minute walk is a really good way to relax and put things into perspective. After the first week or so, you will start noticing little things in your neighborhood, little details that provide a lot of depth to life.

8. Tell yourself how good you are. When you get up in the morning, stand in front of the mirror for 5 minutes and repeat over and over "World, watch out! ___your name___ is coming through today!!"

9. Remember the kindest word is "no". All too frequently, we accept invitations or volunteer for worthy causes that eventually become "have-to-doХs" Р usually at the worst possible time.

10. Be leery of drastic changes. If you have driven the same economy car for 7 years, this is no urgent need to buy that new sports car you have always wanted. If you have been in a lack-buster job for many years, now is probably not the time to change careers.

11. Think reflectively, not reactively. If your attorney sends you discovery, an insulting letter from the other side, etc., do not immediately call your attorney and launch into a tirade. Put the communication down and come back to it at a later date. Then re-read it several times, and try to put it in the proper perspective.

12. Do not dwell on the negative. Instead, count your blessings.

13. Look forward, not backward. Instead of wasting all of your time fretting about the bad things that have happened to you in the past, start planning your new life Р 1, 2 or 3 years down the road.

14. Remember you are crazy one year before divorce until one year after divorce.

15. Remember, there is life after divorce.

Divorce Lawyers and Attorneys

Straight Divorce – Family Law Information, Attorneys, Resources and News


Although a very common occurrence in today’s world, the legal act of ending a marriage is still an extremely challenging and difficult experience. Even for those who are ready to part, divorce touches people deeply and emotionally, as it means the end of a once loving relationship. And although taking the steps to terminate a marriage can be crushing, divorce is an important option that frees us from a difficult and sometimes hopeless condition. If you are considering divorce, before taking any steps, browse the pages of StraightDivorce.com to learn more about the divorce process for contested divorce and uncontested divorce.

Dissolving a Marriage Through Divorce

Like any challenging situation, some divorces are tough and complicated to get through while others are resolved quickly. A great deal depends on the attitude of the marriage partners and whether children are involved, custody is an issue and if there are a number of debts and assets to be divided. A divorce attorney can lead you through the process easily and quickly. If each partner is cooperative, things can generally move along at a rapid pace. If on the other hand, one or the other partner is unreceptive to the divorce, or one is greedy in nature, it may be more difficult to dissolve the marriage. There is no need to leave anything to chance. Simply speak with a qualified divorce attorney and find out what you need to know about dissolving a marriage.

Is Your Marriage Really Over?

For some even just thinking about divorce can be an emotionally draining and physically exhausting challenge, which is why sometimes it takes years to finally make the break. If you think your marriage is over, speaking with a matrimonial attorney will help you decide whether the marriage is really over. There are in fact instances when a marriage can be saved and a mediator can help the situation, but often once a divorce is considered, the marriage has eroded to the point where there is no turning back. At times, the changes in a marriage appear to occur suddenly when the behavior of one spouse influences the decision to divorce. Other times the decision to divorce is mutual and has been coming for a long time, yet each has been afraid to take the necessary steps towards finality. Nevertheless, because of the huge disruption a divorce creates, even when both parties agree to the divorce, it is a very challenging experience, which is why it is so important to have a competent divorce lawyer in your corner.

Before Taking Steps in the Divorce Process

Once you begin to realize that your marriage is over, and you are certain that there is absolutely no chance of restoring the marriage, it is time to start the divorce process. However, before taking any steps you should be prepared by knowing your rights and the criterion for the state in which you live. In fact, each of the 50 states has its own divorce laws and regulations, which means the state and county in which you reside has different requirements and must be followed before you can file for divorce. There is also a minimum period of residence in each state that must be considered before a court can hear a divorce case, which usually falls between 6 to 12 months. Find out about your area by contacting StraightDivorce today.

Choosing Your Divorce Attorney

Because of the emotional difficulty one faces when getting a divorce, it’s important to talk with a matrimonial lawyer, one that understands your needs and can provide the type of understanding that is vital to such a delicate situation. Whether you are the one filing for divorce, or if you’ve been served with papers, it’s imperative that you consult with a family law attorney so that you know where you stand and what options are available to you. A family law lawyer can help alleviate some of the stress and explain all the divorce specifics that can keep you from making mistakes in judgment. Those mistakes could affect child custody, child support, and child visitation, and effect your finances with issues such as alimony (spousal support), division of property and the overall responsibility of accumulated debts.

Temporary Child Custody during a Divorce

As you are going through a divorce, decisions on child custody orders are a crucial aspect of the divorce case. An individual may file for temporary child custody before the divorce is finalized by obtaining temporary child custody papers from the county clerk’s office. If parents are unable to agree on child custody, a judge, pending a full child custody hearing, may order a temporary child custody schedule.

Obtaining Temporary Child Custody
An emergency child custody order is meant to protect a child who is subjected to or threatened with mistreatment or abuse. Examples may include:

Allegations of sexual abuse
Threats of mistreatment or abuse
Child abandonment
Custody was awarded to a convicted sex offender
Child endangerment from a parent’s alcohol abuse
The qualifications for granting emergency child custody vary in each state. Some courts have a very restrictive view of emergency authority, while others take a much broader view.

Who Can File for Temporary Child Custody?
A judge may grant a Grandparent temporary child custody when there is evidence that a parent cannot take care of their children or may be a victim of the following:

Drug or alcohol abuse
Home life of the child is proven unsafe
Parent is unable to provide financially for their children
Major illness impacts a parent’s ability to care for their children
The grandparent will need to fill out temp child custody forms which can often be obtained through the local family courthouse website.
How a Lawyer Can Help
If you are seeking temporary child custody or an order for emergency child custody, you should obtain legal advice from an attorney who specializes in divorce law.