Put Your Children First in Divorce

When you are going through divorce, step back and look at how your actions will affect your children.  They did not ask to be in this situation.  They have no control over the situation.  And the actions you and your spouse take now will impact their lives more than most anything else.  The children are the innocent victims.  Put their needs and interests first.

Before You Cohabitate - Read This!

People often decide to forego marriage and live together long-term in order to keep the state from being able to interfere with their lives. If you live in one of the states that still recognizes common law marriage, however, it is possible that you could be considered married under common law. This can have an important impact on your life, in the following ways:

(1) You can still end up in divorce court. You went without the wedding, the bridal showers, the dress and the diamond ring, and can still end up in divorce court? Yes, this can happen, in a common law marriage state.

(2) Your ex-spouse can terminate alimony payments to you. Alimony, also known as maintenance, usually ends upon remarriage. If you are in a common law marriage state, your ex might petition the court to determine that you are married to your live-in partner, and thus, your alimony payments would terminate.

(3) You can be prevented from testifying against your partner in a criminal case. If found to have a common law marriage, the same rules on testifying against a spouse would apply to you.

(4) You might be entitled to wrongful death proceeds or inheritance rights when your partner dies. You could be treated like a regular spouse in this situations, if you are found to have been married by common law.

Most states no longer recognize common law, but if you are in a state that still does, you need to be aware of these possible scenarios.

For more information, read http://www.huffingtonpost.com/edra-j-pollin/when-does-cohabitation-be_b_1184994.html.

Massachusetts to overhaul law on lifetime alimony

The governor of Massachusetts is expected to sign into law new legislation that would get rid of "lifetime alimony." The article states that the bill, "which has already been approved by the House and Senate, establishes guidelines for alimony payments and limits the duration of payments, ending so-called "lifetime alimony" payments ordered by some judges in divorce cases. One of the biggest changes in the bill would set limits on how long a spouse can receive alimony, based on how long the couple was married. Patrick plans to sign the bill Monday at the Statehouse. The state's current alimony laws don't set any duration limits. The bill's supporters say the new guidelines will help judges make fair decisions."

Today's Divorce = Separate Bedrooms

For many people in today's economy, the closest they can afford to come to divorce is separate bedrooms. When one spouse is unemployed, they do not want to go out on their own, and the other spouse does not want to risk having to pay maintenance (alimony). People used to sell the house and split the equity, which would make it possible for each one to start a new life. Now, people owe more than their houses are worth, they can't sell their houses, and they can't qualify for a mortgage on their own. So they stay together as roommates with separate bedrooms, biding their time until the economy turns around so they can afford to get divorced. In other words, they are miserable.