Wednesday, February 5, 2014

Lean Mean Divorce in 2014

Often times child custody in divorce is an 80/20 split and usually the father gets the children 20% of the time.  Although many states are removing the old antiquated divorce laws and replacing them with what is meant to be fairer and more equitable fathers still are the ones who usually takes the brunt of the divorce.

As a rule, men tend to be the ones to take the financial hit when divorce hits and there are several reasons for this… 

(1) Men tend to be more complacent and trusting of their soon to be ex, (2) Men hate to get in the mud and muck of divorce so they tend to leave the outcome of their divorce in the hand of their ex and the family law judge, and (3) The majority of the men going thru divorce don’t realize that divorce is ongoing until the children reach maturity.

2014 should be a wake - up call for couples going thru divorce, because there are many variables outside of family laws that make divorce in 2014 an upfront and personal subject that both parties should consider before jumping into the divorce ring.

Here are but a few of the existing problems created by a recession and weak Government.  Unemployment is front and center when considering divorce – meaning that either one party or both may be sitting at home collecting unemployment.  This makes divorce a much tougher issue when assets are divided, alimony is decided and child support. 

Healthcare is a huge issue to consider – millions have lost their primary care physicians and insurers and now are faced with much higher deductibles and co-payments.  Sometimes the insured must pay thousands of dollars for medical treatment before their insurance even kicks in – medical problems can destroy budgets by taking a huge bite out of the income.

Unless there is abuse within the family, husband and wife would be wise to sit down and treat divorce entirely as a business decision.  Although one party usually gets to stay in the family residence, the other party must find an apartment or house that they can afford.  Child support can only be figured on the existing income at this time, not on what someone use to make in the work force.

If one or both parties opt for legal counsel, this too takes a huge chunk out of their  pocketbook - remember only a fool predicts the judge’s final decision in divorce. 

On the flip side, if you’re representing yourself or going pro se – you have a vast amount of homework to do before you even contemplate divorce.  You must know your State’s family laws, courtroom procedures, how to fill out interrogatories and divorce forms.  Most importantly those representing themselves must learn what it takes to prepare a winning divorce case
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When emotions run rampant it’s a sure bet that one or both parties will come out losers in the divorce court.  The family law judge puts children at the top of his or her list of priorities. He or she will make final decisions revolving around what is in the best interest of the children.

Divorce in 2014 will not be a walk in the park and there will be few real winners.

As Always,
Little Tboca
www.caseboss.com



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