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What Happens to an Inheritance During a Divorce?

Thursday, May 21, 2015

In California, the division of property during the divorce is based on the community property / separate property principle. If you are claiming that certain assets like inheritances are separate property and not marital property, then you have to provide proof that it is separate property.

If you have received an inheritance, that is typically considered your own separate property. However, that can also depend on how you have handled the inheritance after you received it. There is a burden of proof on you to prove that the inheritance is separate property, and is not subject to community property laws.

Many couples make the mistake of not bothering to keep their inheritance as separate property, and mingle it with their marital assets. That creates confusion, and could even mean that your inherited property could be considered as a marital asset, and could be subjected to the 50/50 division principle that is in effect in California.

For example, if you use your inheritance to buy a significant asset soon after you received the inheritance, you might still be able to prove that the asset is your separate property, even if the inheritance funds were deposited into a joint bank account. However, the longer you wait, the more difficult it will be to prove that the purchase was from your inheritance, and not from a marital asset.

If you have made the mistake of not bothering to keep your inherited property separate, and there is now confusion now about whether it is separate property or marital property, it doesn't mean that all is lost. Get legal help from an experienced Los Angeles divorce attorney immediately to protect your rights. You may be to walk out of the marriage with your inheritance considered 100% separate property, and not eligible for division.

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Special Issues That Affect Seniors in a Divorce

Thursday, May 07, 2015

A divorce can be a complicated situation, even when it involves younger persons, who have many income-earning years ahead of them. However, in the case of seniors who may not have the same income-earning opportunities younger people have after a divorce, the situation becomes even more complex. In fact, divorce can be a financial catastrophe for a senior unless he/she gets expert legal help.

There are several issues that can complicate a gray divorce, not least of which is the division of assets. You may want to consider retaining the house. As you get older, you may become eligible for certain real estate property tax exemptions, or even a reverse mortgage. That can provide you with a stream of income in the future.

Additionally, owning a house gives you a potential for rental income. These are issues that you need to consider, because the income-earning potential is dramatically lower at your age.

Also critical is the division of retirement assets. A separate order called the Qualified Domestic Relations Order is necessary to complete the division of retirement benefits.

Besides, there are specific health challenges that seniors can face with all the stress that is brought on by divorce. You may also be much more inclined to share challenges involving the divorce with your soon-to-be ex-spouse. This is a critical mistake, and usually happens because seniors may not realize that it is important to focus on their own interests in a divorce. It's important to be practical and focus on the fact that you have more years behind you than ahead of you, and it's important to plan very carefully for those years.

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For Many Women, Divorce Can End Long-Term Unhappiness

Friday, April 17, 2015

Women who are stuck in a bad marriage, but have avoided filing for divorce, may want to take note of the results of a study. The study finds that women, who are in poor-quality marriages and get divorced, report much higher levels of happiness after the divorce, in comparison with those women in similar marriages, who did not make the decision to divorce.

The study found that women who reported being stuck in a poor marriage, reported greater levels of satisfaction and overall happiness with their lives in the years following the divorce. In comparison, the satisfaction levels of women who continued to remain in comparable marriages, stayed low.

Interestingly enough, men were not affected by the same factors. For instance, men did not seem to suffer any kind of change in their satisfaction or happiness levels, regardless whether they were married or divorced. The researchers believe that this could possibly be due to the differences in the manner in which men and women define marriage, as well as the manner in which they view their role in the marriage. Women are much more likely to define by themselves by their marriage, compared to men.

However, the most interesting finding from the study was that when women were stuck in bad marriages, divorce actually opened the doors to more opportunities, greater satisfaction and higher levels of fulfillment. Women may feel anxious about taking that step towards divorce, and many women avoid divorce because they believe that it will only worsen their situation. As the study’s findings indicate, divorce seems to provide a very clear and definite relief to women in a bad marriage.

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What a Child Needs during a Divorce

Sunday, April 05, 2015

Divorce can be very traumatic on the children However, parents who can anticipate their children's needs during this very stressful period of time, can actually make it easier for the kids. Children will never enjoy a divorce, but with some parental help, they can get through this traumatic time, and make it through to the other side without any long-lasting scars.

Mainly, your child is looking for assurances that his life will continue to remain the same as it was even before the divorce. A child can be self-centered to an extent, and may worry that the divorce will the change his life and routine. Assure your child, and let him know that his routine will remain quite similar in a lot of ways to his life before the divorce.

You can do this by encouraging the child to have a relationship with the other parent, maintaining a sense of routine and structure in his life, and not making any major changes to the child's school, extracurricular activities and other important parts of his life.

Children also need to not feel guilty about the divorce. They often blame themselves and wonder if there was something that they did that contributed to their parents’ divorce. Talk to your child, and assure him that the decision was made by you and your spouse, and had nothing to do with him at all.

Children after divorce also need to know that they were an important priority for both parents. The need for acceptance is very real, especially among younger children, and parents need to put their feelings for each other on the back burner to prioritize their children and their feelings after a divorce.

Children also need to be left alone, and not treated as therapists. Do not unburden your fears and anxieties on to your child.

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Tips for Divorcing Parents

Tuesday, March 17, 2015

A divorce is even more traumatic when there are children involved. But many parents have misconceptions about dealing with kids during a divorce.

One of the major misconceptions parents have during a divorce is that they have failed as parents. Your children would not agree with that. Getting divorced does not reflect on your role as a parent, and has nothing to do, in fact, with your parenting skills. Rest assured your children are very likely to understand that.

Many parents also suffer from extreme guilt, believing that their children will turn out dysfunctional as a result of the divorce, and fearing that they will not have a normal family life. The fact is that children often deal with insecurities even when the parents are married to each other, and seem like normal and happy families.

There are some rules that parents need to keep in mind when they're going through a divorce. No matter how bad the situation with your ex-spouse is, don't bad mouth your ex-ex-and avoid complaining or forcing your children to take sides in your marriage.

Remember, your children will only absorb the kind of information that you put out there, and if the only thing that is coming out of your mouth is trash talk about the other parent, you can rest assured that this will impact them as they grow older.

Encourage children to have a good relationship with the other parent. This of course, doesn't work in those cases, when the other parent has a history of child abuse, or violence. However in most cases, children only benefit when both of the parents make an attempt to encourage the child to have healthy relationships with both of the parents.

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Life Events That Increase Your Risk of Divorce

Monday, March 02, 2015

You’ve probably heard of studies that showed an increased risk of divorce after a job loss in the family or the death of a child. Those studies aren't exactly without merit. There are certain stressful life events that can test any marriage to the extreme. Not surprisingly, several months after the stressful event, a couple may find themselves consulting with a divorce lawyer.

Serious illness is one of the most stressful factors in a marriage. When one of the spouses develops a serious life-threatening condition, it places an immense stress on the marriage, and can even lead to divorce. Studies have found that when women are seriously ill, the divorce rate is much higher, than when it is the husbands who are seriously sick.

Unemployment is also a major risk factor for divorce. The loss of a job is a risk factor in any marriage, but seems to be an even bigger threat when it is the man who loses the job. Unemployment is accompanied by frustration, low self-esteem, low self-worth and other factors that can place stress on the marriage.

Couples who live apart from each other, like military couples, also have a higher risk of divorce. Long-distance marriages may be more difficult to work. One study of military families conducted in 2013 found that the risk of divorce was directly proportional to the length of the deployment.

The birth of a child is a joyful occasion for many but for others, unfortunately, it leads to pressure that that actually end in a divorce. This however is much more likely in those marriages in which only one spouse was keen on a child when the other did not want a child. Many parents are unable to cope with the stress and lack of sleep associated with parenthood, and find their marriage in trouble.

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Divorce Much More Likely When Wife Becomes Ill

Thursday, February 19, 2015

It’s a sad fact, but not so surprising. Marriages do tend to falter when one of the spouses fall sick, but when it is the wife who falls sick, the marriage is likely to be in much deeper trouble.

As it turns out, in sickness and in health is easier said than done. According to a new study by the Iowa State University, divorce rates spike when one of the spouses is diagnosed with a serious illness. The results of the study were published recently in the Journal of Health and Social Behavior. The researchers found that couples, in which the wife became sick had a 6% higher risk of divorce, compared to those in which she remained healthy, and the husband fell ill. In fact, when the husband fell sick, it did not increase the risk of divorce at all.

Earlier studies have indicated that marriage provides both physical as well as mental health benefits for both of the spouses. However, when a woman falls sick, she's in danger of losing both of those benefits. The reason for a higher divorce risk when the wife is sick, could possibly be that the wife is typically the caregiver of the family, and when she is sick, becomes dependent on others for her care. Being seriously sick, means the difference between being too ill to fix dinner, and having to actually be fed by a family member.

When a husband takes on the responsibility of caring for a sick wife, it seems to add an additional stress to the marriage, because he's also very often, the primary earning member of the family.

Divorce is a traumatic life event, and it is critical to get the right legal guidance during this period. Speak to a Los Angeles divorce lawyer and discuss your case.

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What to Do If You Believe Your Spouse Has Hidden Assets

Thursday, February 05, 2015

Concealing assets is an unethical and illegal activity, and a large number of spouses believe that they can conceal assets and get away with it. One of the biggest reasons why spouses believe that they can get away with it is because the other spouse is typically unaware of these assets within the marriage, and fails to take legal action to discover or identify hidden assets.

If you are a woman currently going through a divorce, be alert and look for clues that your spouse has hidden assets that he does not want to put up for division. This very often happens in many marriages in which the financial situation is very complex. A modern financial portfolio, for instance, could include not just a home, but also retirement plans, investment plans, pension plans, vacation rentals, bank accounts, and other assets.

In many marriages, one person will handle most of these financial matters, while the other will take a backseat. During the divorce, the spouse who takes the back seat is at a major disadvantage because she has very little information about the assets in the marriage.

There's one very clear red flag that you can use to identify whether your spouse is concealing assets. Get help from a divorce lawyer to make a complete analysis of your lifestyle. If you find that your monthly expenses are far higher than your known sources of income, then that could definitely be an indication that there are unknown sources of income funding your lifestyle that you know nothing about.

To understand more about how you can locate hidden assets, and safeguard your financial future, speak to a Los Angeles divorce lawyer.

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High Age Gap Increases Risk of Divorce

Friday, January 23, 2015

According to a new study, when spouses have a minimum age gap of 10 years between them, they have a higher risk of divorce. The divorce risk was 39% higher, compared to spouses that had a lower age gap between them.

The intriguing results of the study were released recently, and do not act as evidence that a higher age gap automatically translates into a higher risk of divorce. However, the researchers draw attention to the fact that when there is a large age gap between the spouses, that could cause friction, especially when it comes to communication. An older spouse is much more likely to deal with life events very differently, and deal with life's problems in a different manner. A younger spouse could be more impulsive, and more likely to act in the heat of the moment. That could possibly lay the groundwork for marital friction.

According to the researchers, these age-related problems can be handled appropriately right before the marriage. Talk about your age difference before you get married, and whether you believe or fear that it could be a problem after you are married. For instance, if your partner is much older, he may not want children while you do, and such differences are definitely deal breakers.

Also prepare for the fact that other people will have a lot of snarky comments to pass about the two of you. Understand this, accept it, and decide that you will not let it affect you.

Never use your age as an excuse for any marital troubles - you may find that your age was never a problem, but you made it one.

If you are considering divorce, it's important to get legal guidance immediately. Speak to a Los Angeles divorce lawyer about your legal options.

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The Effect of Divorce on Children

Saturday, January 03, 2015

It is a controversial issue, and there have been conflicting studies on it over the years. However, one thing seems to be quite clear. Divorce no longer guarantees a long term impact in a child's future emotional psychological health.

In other words, if you are a parent considering divorce, there is no reason to believe that with cooperation between you and you and your ex-spouse, you will not be able to help your children deal with the parental separation appropriately. In the past, the myth of children dealing badly with parental divorce, and suffering the long-term emotional fallout of the parental divorce, was widely accepted as fact. Such an impact was possible in the past, because for decades, divorce was looked down upon, and children were stigmatized for being from a broken home. Children of divorced parents found it difficult to blend into social groups.

However in 2014, close to 50% of all American marriages end in divorce, and children of divorced families are not social outcasts, like they would have been a few decades ago. That has contributed to a greater ability go on with their lives normally.

In fact, some studies have shown that the other extreme is true - children whose parents are divorced, seem to not just adjust well, but also show a slightly greater amount of social and emotional adjustment in their adult lives compared to children from intact families.

The one thing that many child psychologists and marriage therapists however agree on is that you should never avoid a divorce for the sake of the children. In the long run, your children will be better off with parents who are divorced and respectful to each other, than living together in an acrimonious marriage.

To discuss child support, alimony, child custody and other matters related to your divorce, speak to a Los Angeles divorce lawyer.

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