Aug 28, 2023 | Divorce, Family Law
It is difficult to get a marriage annulment, but there are some situations that allow for it. This is different from a divorce, because it completely cancels the marriage. For example, a divorce declares that a marriage happened and is now over. On the other hand, an annulment declares that the marriage never technically existed and was never valid.
Marriage Annulment: What It Is
Reasons
There are not many reasons someone would be able to go through with a marriage annulment. However, there are several situations that do potentially allow for it. An example would be if one spouse is forced, or coerced, into getting married. Or, if one spouse lied about something that was essential to the marriage. Examples include things such as mental health issues or impotency. Bigamy is when someone gets married while they are already married to someone else. This is another cause for an annulment.
Another reasons would be if one spouse younger than the legal age of marriage. Keep in mind, this is only if they don’t have their parent’s consent. Other examples are incest, mental incompetence and never living together. No cohabitation means that the married couple has never lived together.
Alternative Options
Most people do not qualify for a marriage annulment. If you are not eligible for this, you still have options. If you do not meet the requirements for an annulment, you will have to file for divorce. Before making this decision, you can speak with a lawyer.
Differences by States
Many states have different rules and laws regarding a marriage annulment. States may vary in what they view as a prohibited marriage. They also have different laws about the time limits with annulments. There are websites that have a different laws around annulments and prohibited marriages by state.
Impact
A marriage annulment voids a marriage completely. Thee impact will be different than that of a divorce. This will affect spousal support and the division of assets. After an annulment, you are single and never married. This is unlike divorce, where it leads to someone being single and divorced.
While marriage annulments are rare, some people are able to get one. You should now understand what an annulment is, and what the grounds are for being able to get one. Also, you now know the impact of going through this process.
Aug 21, 2023 | Family Law
Handling an estate after the loss of a parent can feel overwhelming. And of course, it comes at a time when you are already grieving. If you’re the person that will be the executor of their will, you’ll need to manage the estate process. However, after you’ve dealt with the immediate aftermath of their passing, you can hire an estate attorney to assist you. They’ll help you locate the will of your parents and decide how to proceed from there. Managing the estate can be a lengthy and difficult process, but your attorney will be able to help you manage things.
Dealing with an Estate After the Loss of a Parent: Where Do You Go from Here?
If you’re suddenly handling an estate after the loss of a parent, the first thing you’ll need to do is notifying friends and family members of their passing. You’ll also need to make sure that somebody will take care of their pets if they had any. At least for the time being. Your parents might have instructions in their will regarding their pets. You’ll need to do paperwork with the mortuary or funeral home and then plan their service as well.
Hire an Estate Attorney
After you’ve dealt with the immediate aftermath of losing a parent, you’ll start the next step of handling an estate. The best thing to do is hire a knowledgeable estate or family attorney. They’ll be able to help you organize everything and figure out the exact wishes of your parents. For example, they can help you figure out how to handle assets and debts that your parents might have. An attorney can make the process much less stressful.
Locate the Will
It’s important to locate the will when handling an estate. This is the final wishes of your parents and might include details of how they want you to handle their assets. If somebody dies without making a will, it is referred to as dying intestate. If this is the case the state might decide what happens to their estate. It’s important to make a will so that your family members will know your final wishes when the time comes.
Manage the Estate
After you’ve found the will, the next part of handling an estate is actually managing the estate itself. You’ll need to do an inventory of all the possessions, assets, property, and debts. You might need to pay debts or even liquidate assets. Once all of the debts are paid, then you can distribute assets. The will should guide you on how your parents wanted this to be handled. Your attorney can help you deal with any conflicts that come up at this stage. Finally, after you’ve done all of this, you can close the estate.
Handling an estate after your parent has passed away can feel very stressful. It’s incredibly helpful to have a knowledgeable attorney by your side throughout the entire process. You’ll need to deal with the immediate logistics first like arranging the funeral. However, afterward, you’ll need to find their last will and testament. This will help you decide exactly how to manage their estate. You’ll distribute assets and pay debts, and eventually be able to close the estate. While it can be a difficult time in your life, hopefully, your attorney can assist you with making the process as easy as possible.
Jul 30, 2023 | Divorce, Family Law
When it comes to co-parenting, scheduling is one of the keys to success. But, that’s not to say it comes easy. Co-parenting successfully is extremely difficult, especially depending on the details of your divorce. But, by creating an organized co-parenting calendar, you can make your lives that much easier. Co-parenting with your ex may feel difficult right now, and it may always seem that way, but putting it all in writing? Makes the plan much easier to deal with.
Organized Co-Parenting Calendar: How to Make it and Move on
Plan Ahead
Think of all those events you want your child there for; Grandma’s birthday, your favorite sport’s game of the year, a school play… Whatever it may be. Think of all these things before you and the other co-parent meet, and put it in writing. Ask the other parent to do the same. You want to essentially have made your part of the schedule before you two ever come together. This should include any engagements you have, as well as the child, such as science fairs, sports games, business trips, travel, or the like. Then, when you come together, you can compare and build a cohesive schedule to both go off of.
Don’t Overbook
Another key to an organized co-parenting calendar is to be careful not to overbook. Often times, after going through a divorce, we want to make up for the fact that we are spending less time with our kid. So it’s not uncommon to overcompensate by agreeing to do anything and everything. But overbooking can leave you tired, stretched to the max, and ultimately unreliable. When you overbook yourself, you will at some point have to cancel or miss something. But the last thing you want to do is create a pattern of not fulfilling your parenting responsibilities. So, it’s best to only agree to what you know you will be able to do.
Set a Reminder
No matter how many times you talk about it, or write it in colored ink on the calendar, it’s hard to juggle your schedule. During your marriage, you and your spouse probably maintained a system for the schedule. You knew who was picking who up at what time. And if not, you probably talked throughout the day so that someone always remembered. But since your divorce, these things can be harder to keep up with. Therefore, set a reminder on your phone for those visits or events you planned with your kid. We’d all like to think we’ll remember easily. However, sometimes it’s just plain difficult. So, make a plan, set reminders, and stick to it. As we’ve said, you don’t want to create a pattern of not fulfilling your duties as a parent.
Keep multiple copies and allow for it flex a bit
We can’t account for every little bump in the road. So, take your agreement seriously, print and sign a copy for the each of you, but understand that things will happen. On your end, as well as theirs, there’s always the potential of something that might alter your agreement. Maybe one of you ends up with an illness, wrecks your car, gets a big promotion, or something of the like. Allow for your agreement to move just a bit if that time comes. But, understand that these occurrences should be discussed between both of you.
The key to an organized co-parenting calendar, is collaboration. Co-parenting, as well as planning, is difficult to do. But when you commit, take the time, and prioritize your child, it’s amazing what you can accomplish together.
Jul 8, 2023 | Divorce, Family Law
A divorce is a very uncertain time in anyone’s life. Where do you go from here? What’s a good way to start over? Post-divorce worries are not uncommon. But, with the right support and one first step in the right direction you will begin making progress. I can guarantee it. We’ve compiled some of the most common worries that people have after divorce and given you a way or two to combat them. You have to start facing them sometime… right?
Post-Divorce Worries: Rise Above
Moving/new job
Needing to both move and find a new job tend to be some post-divorce worries which go hand-in-hand. If you need to move, then odds are you may also need to find a new job. But, if you need to find new work, that could also require a move. These are both big changes and they can leave you feeling quite concerned.
Therefore, it’s important to try and think about the positives. You’ll have full control over your new home and how you decide to set it up. Plus, a new job can open up new opportunities that you hadn’t considered before. It may take some time for it all to come into place, but you can see great results if you keep calm and find a mix which works for you.
Relationship with the kids
Another type of post-divorce worries are those about your connection with your kids. A lot of parents feel that a divorce is going to ruin their bond with their kids. They tend to be afraid that maybe their kids will resent and hate them for thinking they split their family up.
The thing is, it’s possible that those early days/months can be a bit rough for the kids to adjust to. However, that’s why it’s also key that you show them the love and support that they need. Even if they come off as a bit distant, seeing you still care for them will mean a lot. Eventually, they’ll understand what has happened and why, and with your help, adjust to this somewhat different lifestyle.
Dating
Many post-divorce worries relate to trying to go out and date again. Some people worry that they’re too “out of practice” and won’t know how to date again. Others think that their divorce makes it so no one will want to date them ever again. As a result, they wonder if they need to accept that they won’t find a new partner ever again.
Of course, going into dating with such a negative mindset is a recipe for disaster. Instead, you should keep positive and wait until you feel ready to date again. It might take some getting used to, but that’s okay! By sticking with it and getting more comfortable, you’ll be able to find someone you truly get along great with.
Jul 1, 2023 | Divorce, Family Law
After you’ve decided to get a divorce, the next hardest step might be trying to figure out how to tell people about your divorce. While your divorce is technically your business, eventually people will start to catch on and be curious. So, you might want to get a jump on things and let your loved ones know what’s coming down the pipe. Divorce announcements are an option that many divorcees might explore, especially the more lighthearted ones. But, how do you approach it? And what do you say to the people around you to show that you’re okay?
Divorce Announcements: Spreading the Word
Know What You Want to Say
The first and most apparent thing to think about when making divorce announcements is what to say. This will help avoid the pressure and stress that can come with creating one on-the-spot. Keeping it simple might seem like a suitable option, but it helps to not have it be too simple. Only saying “so-and-so and I are getting a divorce” leaves a lot of room for questions that you might not want to answer, especially to strangers. However, including something like “I appreciate the support but don’t wish to talk about it further right now”can help prevent this. Now, people will know what is going on and that you don’t want to talk about it, letting you open up when you feel comfortable to do so.
How To Tell People
Knowing what to say is one part of divorce announcements. Howyou tell people is another part to consider. In today’s age, you have more ways to share the news than ever before. For example, social media allows for you to spread the message to your followers (most of who will be your friends and family) with just one post. This is especially helpful if you worry about how many people you’ll have to tell. However, face-to-face is usually the preferred method. It’s the hardest, but it’s much more “personal” than a mass message, especially for close friends and family.
Who Should You Tell ?
Finally, the last thing to consider for divorce announcements is who to tell. If you’ve just started your divorce, you might want to only tell those very close to you. This is totally normal! Dealing with other people’s opinions along with your divorce can be too much to handle. As your divorce goes on, you can start to tell more people if you begin to feel more comfortable. However, if you are a more private person, there’s nothing wrong with only telling your closest friends and family.
In the end, you get to choose how you talk about your divorce. You get to control what you say, how you say it, and who you tell it too when it comes to your divorce. Using the strategies outlined here can help make that tough process all the more doable.
Jun 24, 2023 | Divorce, Family Law
Every child is going to react differently when learning that their parents are getting a divorce. Of course, the age that a child is at will determine their understanding of what is going on. In some families, the children may be very aware of what is going on. In other instances, the parents may hide all of their disagreements from their kids. While every situation will be different, there are a few tips that can help kids understand divorce.
How-to Help Kids Understand Divorce: Preparing for the Talk
Planning For It
The best way to help kids understand divorce is to talk about it. Part of how a child will react will be based on how the parents tell their children that they are getting a divorce. Parents should put thought and consideration into how, when, and where they break the news to their children. It may be helpful to have the entire family meet together as a family so that the parents can answer the children’s questions. In this type of setting, there will be less opportunity for parents to blame the other for the divorce.
Make sure to plan a family meeting to have this big conversation. Go ahead and think through and plan out what is going to be said at this meeting. Parents should do their best to stay calm during this conversation. It will be best to plan to have a follow-up meeting to answer any further questions and address concerns.
Things to Say
Children often find divorce hard to understand. In order to help kids understand divorce, keep the initial conversation to the basics. Otherwise, it could get very overwhelming and confusing. The most important thing is for kids to know that their basic needs are still going to be met. They will also want reassurance that they will be able to continue a relationship with both parents if that is something that is possible.
Kids may not understand that a divorce is final, so that is something parents need to discuss so that kids do not have false hopes. It is easy for children to think that it is their fault that their parents are getting a divorce. Parents need to reassure kids that this is not their fault.
Listen
In order to help kids understand divorce, it is important to listen to their questions and concerns. Children will have worries about how their life will change, and parents need to be mindful of that. By listening to kid’s concerns and questions will show that the parents care. Parents should not be alarmed if they have to answer questions and give reassurance many times during this process. Also, parents should ask children about their fears and concerns, so that the parents show the kids that they care. It also shows kids that it is okay to be open about those feelings.
Telling kids about divorce is never easy. There are ways to help kids understand divorce. Once they understand it, it will help the transition process to hopefully be a bit smoother.
