This article is the first in a series of four that offers solid practical legal advice for individuals facing the prospect of a divorce. It is important to adequately prepare yourself properly for the legal process ahead in order to avoid any further unnecessary emotional stress during this difficult time. Tip #1: Understanding the legitimate legal grounds for divorce in the view of the court is an important preliminary step in getting a divorce. The traditional grounds for divorce are known as fault grounds, and include transgressions such as adultery, extreme cruelty, desertion, alcoholism, incarceration and sexual deviance on the part of one spouse. A no-fault divorce does not assign blame to either partner, and occurs when both spouses agree that the marriage could not be repaired over time or through counseling. Be sure to research the specific laws regarding the grounds for divorce in your state in order to educate yourself on this preliminary aspect of divorce. A divorce lawyer can help you understand which legal statutes apply to your circumstances. Tip #2: If you are contemplating a divorce, you may be wondering whether you should move out of the house. Divorce lawyer Peter Paras offers this insight: “Legally, if you leave your house, you don’t give up any of your rights to the house, to your children, or to anything. Sometimes leaving the house is a practical solution that makes a great deal of sense for everybody because it may help to reduce the stress and anxiety of everybody in the family, which will help to make the case go a little more smoothly.” On the other hand, Paras adds, “There are other times when it would be detrimental for tactical reasons to leave the house and those would have to be explored on an individual basis.” A general principle to remember when making a decision about whether or not to leave the house is that the more a couple can cooperate and compromise, the faster and smoother the whole divorce process will be. If you have children, it’s important to consider their well being and emotional state as well when making this decision. Tip #3: It’s important to be prepared for your initial visit with your divorce attorney. Divorce attorney Bonny Reis suggests, “Before you see a lawyer, go through the house and take the financial records that you can find because although we’re entitled to get them in discovery, sometimes that is a long and costly process. The more you can bring to your lawyer to begin with, the better off you are and the less expensive your divorce is going to be.” Financial records that are especially helpful include bank account records, brokerage account records, tax returns, and Quicken records. “If someone keeps their books and pays their bills on Quicken or some program like that, it gives us in a nutshell the family’s lifestyle. It saves a lot in attorney’s fees and in accountant’s fees, and it enables us to give the judge a picture of exactly how the family lived,” Reis explains. Bringing your divorce lawyer proof of your significant other’s transgressions, such as incriminating photographs, is not very productive because the court views divorce as essentially an economic decision. As difficult as it may be, it is best to try to keep your emotions in check and focus on the practical concerns at hand. Divorce case involves many different types of issues, including child custody, child visitation, child support, assets and property, and alimony, all of which will be addressed in parts 2-4 of this series. Look for the upcoming installments of this series:Part 2: Child Custody and Child VisitationPart 3: Child Support and AlimonyPart 4: Assets and Property Division Liz Ryan is a Writing and Content Specialist for LawyerCentral. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.character education

When a couple is divorcing, dealing with the issue of dividing up assets and property can be a difficult and stressful process. Property division can occur in one of two ways. Often, a couple that is divorcing will decide how to divide their property and assets themselves (perhaps with the help of a mediator). If the individuals are unable to reach an agreement, the matter will go to trial. A judge will consider all of the evidence presented and will use state law to divide the property. There are two legal theories that govern how marital property is divided: community property and equitable distribution. In a few states, all property of a married person is classified as either community property (owned equally by both spouses) or the separate property of one spouse. In the event of a divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. However, a majority of states use the law of equitable distribution, under which all assets and earnings acquired during marriage are equitably divided. In equitable distribution states, the court determines a fair and reasonable distribution that may be more than or less than 50% of any asset to either party. Tip #1: Take this process very seriously, as most property division agreements are final. It can be very difficult to get out of or change a property division arrangement to which both parties have agreed or a court has ordered. In most states, there is an established period of time after a court enters its decision on property division during which one of the parties can request that the court to reconsider its decision, but these requests are often denied. In general, a judge will reevaluate a property division arrangement only if one spouse engaged in fraud, hid assets, or some substantial mistake was made.  If your case involves neither fraud nor mistake but you still want to challenge the court’s division of property, your only option is to file an appeal, which can be very costly. Tip #2: Beware of hidden assets. There are a number of ways in which a spouse may hide, undervalue, or disguise assets. Some of the most common ways that assets are hidden include income that is unreported on tax returns and financial statements, custodial accounts set up in the name of a child, cash in the form of travelers’ checks, retirement accounts, and collusion with an employer to delay bonuses, stock options, or raises until after the property division has been finalized. It can be very difficult to find these items and get the proof needed to show the court that they exist. Litigation may provide helpful formal discovery procedures, such as depositions.  Hiring a forensic accountant or a private investigator are additional steps that can be taken to uncover hidden assets. Tip #3: Be forthright and honest when it comes to your own assets, and make sure you list them all on your case information statement. “It’s important to list all your assets. Just because you think your spouse may not be entitled to an asset is not a reason not to list it because when you sign the case information statement, you certify that everything is true. If there is a trial, it can be used in cross examination… To deliberately leave something out is probably one of the biggest mistakes that you can make,” explains New Jersey divorce lawyer Bonny Reiss. “If you think your spouse isn’t entitled to share in an asset, there’s a place to say why, at least in a word or two, but make sure you list the asset,” Reiss adds. Divorce cases involve many different types of issues, including preparing for your divorce, child custody and visitation, child support, and alimony all of which have been addressed in this series. For more divorce advice, refer back to Parts 1, 2, and 3 of this series:Part 1: Divorce Advice: Preparing for Your DivorcePart 2: Divorce Advice: Child Custody and Child VisitationPart 3: Divorce Advice: Child Support and Alimony Liz Ryan is a Writing and Content Specialist for Lawyer Central. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.WP Robot

Alimony and child support are important aspects of a divorce case and involve ensuring the financial stability of both spouses and the children. Alimony is designed to limit the unfair economic effects of a divorce by providing continuing income to the non-wage-earning or lower-wage-earning spouse. A court sets the amount of alimony it concludes is fair and reasonable to be paid for a period of time. The amount of alimony that must be paid is usually based on the standard of living established and expected during the marriage, the age and health of the spouses, the obligations and assets of each spouse, the length of the marriage, and a number of other factors that may vary by state. Unlike child support, which is determined according to rigid guidelines, courts have considerable discretion in determining if they will award alimony and, if they do, the amount and time period for which it lasts. Child support is the ongoing obligation for a periodic payment made directly or indirectly by a non-custodial parent to a custodial parent, caregiver or guardian, or the government, for the care and support of children of a relationship or marriage that has been terminated. Child support may be awarded in joint custody cases when there is a significant discrepancy between the parents’ incomes. Exact conditions for eligibility of child support and guidelines for the calculation of child support vary from state to state, but generally take into consideration the needs of the child, the needs of the custodial parent, the paying parent’s ability to pay, and the standard of living the child was accustomed to before the divorce. If alimony has been awarded, that amount is deducted from the payer’s income and added to the payee’s income when child support is being calculated. Tip #1: There is no formula for determining alimony. According to divorce lawyer Peter Paras, “Alimony is really more art than science and it, it results from a consideration of a variety of statutory factors. Courts and lawyers have to consider the duration of the marriage, the age of the parties, their incomes, their assets, their liabilities, their lifestyles, their health, whether or not any of their assets generate income. These are all factors that have to be considered in determining whether alimony is to be paid and, if so, whether it’s going to be permanent, rehabilitative, or limited duration alimony and in what amount.” Tip #2: Child support may continue after the child has reached the age of 18 under certain circumstances. Technically, the non-custodial parent’s obligation continues until the child is emancipated. “Children are emancipated at different times,” explains divorce lawyer Peter Paras. “Typically they’re emancipated when they reach the age of 18 and have graduated from high school, but emancipation is often delayed while a child finishes a higher education, such as four years of college, trade school, or something of that nature. That’s when the obligation technically ends.” Child support may also be extended beyond the age of 18 if the child has special needs. If the child has been declared emancipated by a court prior to reaching the age of 18, is on active military duty, or the parents’ rights and responsibilities have been terminated for any other reason, child support payments may be discontinued. Tip #3: Understand that there are different types of alimony. Limited duration alimony usually applies to cases in which the marriage is too short to justify permanent alimony. Rehabilitative alimony is designed to provide financial assistance to the more economically dependent spouse while he or she becomes more financially independent by getting job training, building up work history, or furthering education. Permanent alimony is typically paid when there is a long term marriage, but it is important to note that permanent alimony is not always permanent. Divorce attorney Peter Paras explains, “Permanent alimony is somewhat of a misnomer in that it probably would be better termed indefinite alimony. It can end or be modified is circumstances change in the future.” Examples of changes in circumstances that could be grounds for the cessation of permanent alimony include the remarriage of the recipient, the death of the payer, or cohabitation of the recipient with someone of the opposite sex. Divorce cases involve many different types of issues, including preparing for your divorce, child custody and visitation, and assets and property, all of which will be addressed in this series. For more divorce advice, refer back to Parts 1 and 2 of this series and look for the upcoming final installment: Part 1: Divorce Advice: Preparing for Your Divorce Part 2: Divorce Advice: Child Custody and Child Visitation Part 4: Divorce Advice: Assets and Property Division Liz Ryan is a Writing and Content Specialist for Lawyer Central. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.survey reviews

Child custody is one of the most difficult and emotionally charges aspects of a divorce. There are two primary types of custody, physical custody and legal custody.  Physical custody is awarded to parent with whom the child will live a majority of the time.  The custodial parent often shares legal custody of the child with the non-custodial parent. Legal custody refers to the right to make decisions about the child’s education, religion, health care, and other significant concerns. Some parents settle on a joint-custody arrangement, through which the child spends approximately an equal amount of time with both parents. The following tips offer advice about child custody and child visitation, so that you and your soon to be ex-spouse can handle these difficult issues with the least amount of emotional strain on yourselves and your children as possible. Tip #1: Focus on your child’s or children’s best interests. This may sound overly simple, but divorce lawyer Peter Paras stresses, “In dealing with the issue of custody, it is important to know that it is the children’s best interests that are the central focus of the court’s concern.” Divorce attorney Bonny Reis agrees, stating, “One of the most important good parenting is the ability of a parent to subordinate his or her needs to the needs of the child. Once people begin to understand that and stop seeing the child’s needs through the lens of their own feelings, they become much better parents and much better candidates for custody.” It is essential to keep your negativity toward your former spouse from damaging your child’s relationship with him or her, as well as your child’s perceptions of him or her. When it comes to deciding custody arrangements, courts tend to look favorably on parents who are respectful and cooperative during the divorce proceedings. Tip #2: There are two ways to resolve the issue of child custody. First, the parents can reach a compromise, thereby recognizing that the children are entitled to know both of their parents and structuring the children’s future in a collaborative manner.  Second, in cases where extenuating circumstances make compromise extremely difficult or impossible, a judge will make the custody decision. Peter Paras, an experienced divorce lawyer, points out, “One of the most critical elements in deciding whether or not compromises can be reached or not is how well the parents can communicate and whether the parents have a recognition that the other parent has a right to have a relationship with the children and that the children have a right to have a relationship with both parents.” Tip #3: Establish a fixed visitation schedule. When a court establishes visitation rights for a noncustodial parent, it usually orders reasonable visitation. In order for the reasonable visitation approach to succeed, both parents must cooperate and communicate frequently. Fixed visitation refers to the establishment of a detailed visitation schedule by the court, including the times and places for visitation with the noncustodial parent. Divorce attorney Bonny Reis favors this approach. “I feel strongly that there has to be a schedule…when you have a schedule as a default, both parents know when they can make time for themselves. To have a schedule shows that the parents respect one another and respect one another’s right to go on with their lives.” Another important beneficial result of fixed schedules is that they provide greater stability for the child. The child will know when to expect spending time with each of his or her parents, leading to healthier, more solid relationships and less tension between family members. Divorce case involves many different types of issues, including preparing for your divorce, child support, assets and property, and alimony, all of which will be addressed in this series. For more divorce advice, refer back to Part 1 of this series and look for the upcoming installments:Part 1: Divorce Advice: Preparing for Your DivorcePart 3: Divorce Advice: Child Support and AlimonyPart 4: Divorce Advice: Assets and Property Division Liz Ryan is a Writing and Content Specialist for Lawyer Central. Visit Lawyer Central’s Divorce Resources for legal information about divorce and to find an experienced divorce lawyer. Discuss divorce and related issues on the Law Forum.WP Robot Wordpress Autoposter

Regardless of the type of divorce process you choose to use, it is important to identify your marital estate. The marital estate is defined by the South Carolina Equitable Apportionment Statute and generally comprises all assets and debts acquired by either party during the marriage, regardless of title. As you can guess, there are numerous exceptions to this rule, so discuss this issue carefully with your attorney. For starters, however, you should begin to gather the following information, regardless of how it was obtained or who obtained it, as long as it was obtained during the marriage. Gather information on an asset used during the marriage, regardless of when it was obtained.

An example of an “asset” would be your residence, a car, a boat, a valuable piece of artwork, a retirement account, or an investment account. An asset is anything that is worth money! Don’t worry about loans on the assets (such as your mortgage or a car loan), because you will be listing all of these debts separately. The result will be your “net” marital estate.

Here is a brief checklist to help guide you with this process. It is by no means a comprehensive list, so anticipate that your attorney will need more information, but it is a good starting place.

Income/ Assets:

• Income tax returns for the previous five years

• Retirement account statements; one from the date of marriage, one current.

• Estimated valuation of all real estate acquired during the marriage

• Estimated value of the marital residence, if owned

• Statements from current investment accounts

• Statements from college savings accounts for minor children

• Estimated (Blue Book) value of all automobiles

• Itemization of all valuable artwork, jewelry, etc. with estimate of values

• Copies of all trusts

• Copies of all whole life insurance policies or annuities

• Recent statements from whole life and annuity policies

• Copies of all corporate papers; Sub S Corp’s, LLC’s etc.

Debts

• Current credit card statements

• Current mortgage balances (1st, 2nd, 3rd, etc….)

• Automobile loans

• Promissory notes

• Student loans

• Secured loans

• Other debts and obligations (unsecured)

In complicated cases, a financial professional is helpful to assist in establishing the value of the marital estate. In the more straightforward cases, you and your lawyer can establish the values using and Excell or Numbers spreadsheet, or just a pencil and paper!

The bottom line is that you want to identify everything that was obtained during the marriage, or used as marital property during the marriage regardless of how it was obtained.

HOT TIP: You will also want to have this information very well organized for your attorney or financial professional. You pay these people by the hour, so the less time they need to spend organizing your financial matters, the less money you will pay for this service! Guy J. Vitetta, originally from Philadelphia, PA, graduated from Ohio’s Kenyon College with a B.A. in history and religion. As a community activist addressing consumer and environmental issues, Guy realized his most influential avenue for making a difference in the community was in the practice of law. He graduated from Capital University Law School in Columbus, OH in 1991. Clerking in the Death Penalty Section of the Ohio Public Defender Commission, Mr. Vitetta worked on appeals for Death Row inmates. For the next eleven years, he served as a Public Defender in Columbus, then in Charleston County, SC, before opening his private practice in Charleston, South Carolina.
Guy Vitetta ’s criminal practice is active in municipal, state, and federal courts. Guy was the first attorney in South Carolina trained in Collaborative Law, and is a founding member and president of the South Carolina Collaborative Law Institute. He is also a Certified Family Court Mediator in South Carolina. Guy holds an AV® Peer Rating*, the highest given by Martindale–Hubbell.Provillus