Tag Archives: divorce

Divorce and Legal Separation: What’s the Difference?

photo of a couple signing a paper in front of a lawyer

photo of a couple signing a paper in front of a lawyerKnowing that your marriage isn’t working anymore may be one of the hardest realizations in one’s marriage. Some couples try to work things out, while others give up altogether. If a couple is in a state of indecision about pursuing a divorce, they may choose the option of legally separating.

But what is the difference between legal separation and divorce, and which one is right for you?

Legal separation and divorce are similar, but not the same.

A legal separation is similar to a divorce in that couples still need to negotiate spousal support and child support, visitation, and custody if they have children. Both processes need legal representation, too. According to a Santa Fe divorce attorney, do-it-yourself separations only work for some cases and have higher risks of making costly mistakes.

The difference between the two is in the legality of the marriage. When a couple chooses legal separation, they are still married in the eyes of the law, but they’ll stop living as a couple.

Meanwhile, a divorce is the absolute dissolution of marriage. This is the option for people who are confident that there’s no fixing their marriage. During the proceedings, all the assets acquired as a couple will be divided. Once the marriage is dissolved, the former spouses may not share legal benefits.

Benefits of a Legal Separation or a Divorce

Since in a legal separation, former couples would still be legally married even though they’re separated, one spouse will remain an eligible beneficiary of the other’s health or insurance benefits. Apart from this, if the couple decides to work out their differences, they can easily get back together without having gone through the tough process of divorce.

The benefits of divorce may be more of a feeling of freedom. Getting out of a marriage that hasn’t been making a person happy is a huge benefit to his or her mental and emotional well being. Plus, the spouses can opt for legal union with another person.

The process of ending a marriage, whether permanently or not, can be stressful. Knowing the subtleties and technicalities of the ways you can end your marriage may help you decide which is right for you.

Why Hiring an Asset Protection Lawyer is Important for a Divorce

Lawyer explaining separation of assetsDivorce can place a great deal of stress that most people tend to forget the importance dealing with debt, whether or not it originated from you. However, there is a need to hire an asset protection lawyer or attorney to take care of your finances, especially if you are nearing retirement.

Otherwise called a gray divorce, elderly couples that plan to dissolve their marriage may put their retirement funds at risk.

Community Property States

The place where you live will be a major factor to determine how you and your spouse would settle debt payments. The community property states in the U.S. comprise Arizona, Idaho, California, Nevada, Louisiana, Washington, New Mexico, Texas, and Wisconsin.

The law in these states generally dictates that all accumulated debt during a couple’s marriage will fall under the responsibility of both parties, whether or not you were unaware of it. Couples who live elsewhere in the United States, which are called common law states, have to pay debt according to the beneficiary.

For instance, if your spouse has credit card debt solely under her name, then you no longer have to worry about it.

Legal Loopholes

Even if you live in a common law state, that does not mean lenders would simply avoid chasing after you for your spouse’s financial obligations. A divorce decree would not stop creditors from contacting you for missed or late payments.

In cases of collateral debt, the spouse who keeps the asset would normally have to pay for any outstanding balances. This becomes complicated when both parties signed up for the loan such as a mortgage since it would involve removing you or your spouse’s name from the contract.


Life during and after divorce can be a stressful experience, but you can try to make it easier by trying to keep your assets under your name. Consult an asset protection attorney to know how you can still start over after a failed marriage.

What Happens with Spousal Health Insurance After Divorce?

Health Insurance ApplicationYou can learn online how to get a divorce in Utah, and you could find a legal practice that can help you through the process. With all the procedures, documents, and tasks that need to be done in a divorce, Kelly & Bramwell, P.C. noted that you might forget the small details. Child custody and asset division may be important in a divorce, but the management of your health insurance coverage matters too.

Divorce Ends Health Insurance Too

In a divorce, you may think that you can continue to rely on a spousal health insurance coverage that you have through your spouse’s employer. Unfortunately, you lose that coverage once you finalize your divorce. Post-divorce, you will have to apply for coverage for yourself, and that can be quite a hassle if you fail to deal with it early in the divorce proceedings.

Option 1: Extend the Coverage

To extend your insurance coverage, you can appeal to a federal law called Consolidated Omnibus Budget Reconciliation Act (COBRA). Under this law, you can qualify for continued coverage through your spouse’s employer if the company has 20 or more employees. You can give the health plan administrator notice within 60 days post-divorce to avail of COBRA coverage.

Downsides of COBRA

Now, for some people, COBRA coverage can be expensive. Under it, you shoulder the entire premium because your spouse’s employer is not required to subsidize the costs. In fact, you may even be charged an extra 2% for administrative costs. At the same time, COBRA coverage only lasts for 36 months.

Option 2: Get Your Own Insurance

An alternative to COBRA coverage lies in the health insurance provided by your employer. You can look if the provision will only cost little or nothing. If it is, then you’re better off with your employer’s coverage plan. For self-employed individuals, private insurance can also be viable choices that have lesser costs with lengthier coverage than the COBRA option.

Your marriage may end soon, but your health insurance can still stay as long as you replace your current policy with a new one.


Child Custody: 4 Pitfalls You Should Avoid

parent holding hand of childFor most couples, the child custody case is the most critical part of their divorce. This is because they view children as the only good thing left from their split marriage. However, there are some mistakes you can do, and you’ll end up sabotaging your case.

Read on and discover some of the pitfalls you must avoid in your child custody case.

Not obeying a courts order

Most parents refuse to follow a court’s order because they think it is not right or it is unfair. Others give an excuse that they thought it was not in the best interest of their children. However, most family attorneys in Wellington will tell you that most judges do not take this lightly. They will take it as disrespect of the court as an institution, and that you undermine their authority and qualification.

So, no matter how it seems unfair to you, just make sure you obey the court’s order to avoid any further legal problems.

The silent treatment

You may be emotionally drained following a nasty break up. It is, therefore, understandable if you desire to keep it to yourself. However, you will still be required to keep your communication lines open with the other parent on matters regarding the children. Failure to update them on the children’s welfare, be it school, health, or routines, could hurt your case.

Remember that this is not just about you anymore; it is likewise about the children’s well-being.

Not keeping your cool

The split up can be so overwhelming and sometimes may push some buttons you never knew you had. But it is important that you remain composed and avoid any incidences that could be detrimental to your case. Being abusive verbally or physically to your ex-partner could cost you your custody case. Avoid any drugs and alcohol abuse, especially during your visitations, as this could cost you more than your custody rights.

Absconding your parental rights

Failure to exercise your parental rights shows lack of seriousness and commitment. If you have been granted some visitation rights, make sure you take full advantage. Spend quality time with your children. Do not be late for the visitations and do not keep procrastinating. Prove to the court that you are responsible and willing to do anything for your children’s welfare.

Knowing what to and what to avoid during your child custody case will go a long way in ensuring that you get a favourable result. By avoiding the above pitfalls, you will be setting yourself up for a successful custody case.

The Divorcee’s Guide to Parenting

Parenting After a DivorceMoving on from a failed relationship is overwhelming. But you can’t give in to the heartbreak, because there is life after the court grants your divorce. And you have to focus on taking care of the kids.

Your kids may take their cues for behavior from your actions and words. This means you need to carefully watch what you do and say as it can affect how they experience the divorce. While kids will react differently to the same situation, basic guidelines can help you take them through this challenging time.

Talk in a Child-Friendly Manner

Before you explain the divorce to your youngest kids, keep in mind their age. School-age kids will want details about where they will live or who will take care of them. Some kids may also act out because of the change. But they will recover and cope with assurance from you. Allow your kids to feel sad and angry about the situation, while reminding them they are still loved.

Share with Caution

Manage what you share to the kids about the situation. While you should be forthcoming, you don’t have to tell them everything. Decide what to share on a need-to-know basis, and determine whether the details are overwhelming for your kids.

Try to have a few, short conversations, which are easier to take than a huge, intense sit-down. You can also get advice from your divorce attorney about the best way to approach the talk. Lawyers have seen enough divorce cases to offer good insight.

Remain in Control

Allow your kids to know that you are feeling hurt, but reassure them that you can still take care of yourself and be there for them. You don’t have to rush the conversation, especially when you’re still upset. Wait until you are calmer before you talk to them.

Children are resilient. But they will still need your guidance during the transition. With your careful and caring approach right, the change and loss will allow them — and you — to recover.

Keys to Reducing Stress and Costs During a Divorce

During Divorce Let’s face it – a divorce causes pain and suffering, especially to the kids. And probably one of the worst things about ending your marriage is that you have to deal with the lengthy process and the costs associated with it. If you fail to handle the situation the right way, you might end up spending most of your savings and start over with very little money left in your account.

There are ways to make the process a little less stressful. Here are some keys to reducing cost and stress during a divorce.

Stop Thinking Just About Yourself

Divorce is not just about you and your spouse. You have to evaluate the situation carefully and ensure that in the end your children won’t end up being the real losers in the battle. Make decisions that put the best interests of your kids first.

Let Go of Emotions that Can Make the Situation Worse

This one is never easy and it’s understandable if you won’t be able to do it right away, but you have to try. It’s hard to deal with divorce, but you can make it easier by setting aside your pride, letting go of the feelings of contempt, and listening. Only then can you open up your mind and make the right decisions. It’s good for everyone involved in your case.

Prepare to Compromise

Court litigation is not always the best solution; experienced law firms, like Law Offices of Ian S. Mednick, may advise you on this. If there’s even a small chance of reaching a fair settlement, go for it. You can avoid the high cost associated with trials and have more time to move on with your lives.

Get the Right Help

It’s hard to make important decisions during difficult times. You need the help of an attorney who understands how the divorce law in your state works. Dealing with legal matters is easy when you have an experienced professional by your side.

Don’t let divorce become a financially draining experience. The keys to preventing a stressful and costly divorce are in your hands.

What You Can Do to Handle Your Divorce Better

Divorce AttorneyGoing through a divorce can be tough on you and your former spouse. It gets even more difficult if you have children who are going to be affected by it. You must endure the challenge and fight for your rights, however, even though you’re hurting and feeling stressed. Here are some things you can do to handle the situation better and come out as a better person.

Consult Divorce Lawyers

Divorce may be a complicated legal process, but you can simply hire a lawyer that specializes in divorce to get what you deserve in court. Before hiring, kufferlaw.com and other legal professionals recommend consulting at least three divorce attorneys. This is for you to compare their upfront costs, have an idea about their experience, and how they deal with the whole process.

Be Smart about the Timing

If your partner has an upcoming big bonus or raise, it’s better to wait for it before filing your divorce. This will qualify you to get more from the divorce. If the divorce is because of your spouse’s mistake, make sure to be the one to file first, as this gives you an advantage in the divorce proceedings.

Be Careful about Money and Documents

Your joint signatures, investment accounts, bank accounts, utilities, and deeds of trust will be thoroughly checked. It’s important that your name appears on all those to prohibit your spouse to raid them. You should also have copies of documents, such as bank statements, tax returns, mortgage and loan agreements, and credit card bills. These may come in handy in court.

Take Care of Your Children

Your children shouldn’t be suffering in this situation because they have nothing to do with it. Assure them that you love them just the same. Never alienate them because that may be your downfall in court, especially if there’s a custody battle.

These are only some of the things you must do to survive your divorce with dignity. This way, you can start all over again and become a new and better person.

You Asked: What are the Most Common Reasons Behind Divorce?

Reasons Behind Divorce

Reasons Behind DivorceThere are some well-known factors that contribute to the incidence of divorce in the United States. According to researchers, the risk of divorce goes up if the couple gets married at a very early age. They are also likely to split up if they have limited education and struggle with money. Surprisingly, living together before marriage also ranks high in the reasons for divorce.

Here are more reasons couples go through divorce, which, according to studies, happens to up to 50% of marriages that go through such factors:

Premarital pregnancy

Many young people often find themselves in a situation they are not ready for. One of the most trying is pregnancy. It’s a huge responsibility that is often challenging for couples, even those who have known each other or have been married for a long time. When a young, unmarried couple goes through it, their first reaction is often panic. In many cases the challenges that the new responsibility bring is enough to cause a breakup. Those who think marriage is a solution are no different.

Divorced family

According to Matthewsfamilylawyers.com, many divorce lawyers in Denver, Colorado know that people who come from a “broken” family are more likely to get divorced themselves. This is mostly because parents have the most influence over their children as they are growing up. Decision-making styles become similar. The way a child handles problems sometimes demonstrates how the child’s parents would’ve handled the same crisis. This is why many people with divorced parents also have a higher likelihood of doing the same thing.


Although this is not the most common of all reasons people get divorced, it is perhaps the most well-known. It is what the media covers among celebrity couples, so it has become part of pop culture knowledge. Most people who catch a partner cheating look at one of two choices: work on the marriage, or end it. Guess which the more popular choice is.

You might be going through one of these problems, but that doesn’t mean divorce is your only option. That said, however, know that when the only way to end your suffering or to protect your kids is to end the relationship, divorce is not such a bad option.

The Impact of Your Divorce on Your Kids

Divorcing Parents

Divorcing Parents When parents part ways – regardless of the reason – there is a probability that their children’s sense of security would fall apart as well. The young ones may feel alone and abandoned. Worse, they might think that their folks don’t love them anymore. When they realized that there’s no chance of getting their mom and dad back together, they may also feel helpless and depressed.

If you are going through a divorce, the best way to help your children adjust to the changes is to understand what they are feeling.


This is what children usually feel when one of the parents moved out. To help ease their worries, talk to them about the visitation arrangements. They may still feel bad about what’s happening, but it somehow reassures them that they can still get in touch with their mom or dad anytime. If you need help, ask a competent family lawyer in Colorado Springs for advice on how to best approach the situation, Shaynelaw.com suggests.


At the onset of the parent’s separation, the children will be in denial and still hopes that the situation is only temporary. Once they learn that reconciliation is out of the question, they will start to feel hopeless. Provide comfort to your kids by telling them that some things will not change despite the circumstances. Explain to them that they can still enjoy a loving relationship with you.


It is natural for children of divorced parents to think that they are somehow responsible for the situation. Make sure to set the record straight right away, so your children will not blame themselves. Explain to them patiently that they don’t have anything to do with the divorce. If possible, think about telling them the real reason for the breakdown of your marriage.

No amount of hugs and explanation can lessen the impact of divorce on children. But being honest and providing constant reassurance can make a difference in helping your kids cope with the sudden changes in your family life. Make an effort to restore their sense of stability and show them that you still love them.

New Beginnings: Accepting Your Divorce


Divorce in Greenwood VillageIt is hard to accept that your happy ending is just an illusion. When your relationship is falling apart, with your spouse asking for divorce, it is so easy to feel betrayed and hopeless. This is just natural; ending what was once happy and beautiful is just heartbreaking and hard to accept.

Breaking up is hard to do, but dwelling in the past and thinking things over and over again will just make it more difficult for you. What could help you past your breakup is realizing that you have to accept that it is over. The secret to moving forward after a painful divorce is having an accepting attitude.

Welcome the New Reality

Accepting your new reality involves giving up resentment and regret. It is important to let go of those negative emotions to start a new beginning and have the freedom to move forward. Change, however, is a matter of conscious choice, effort, and commitment.

Keep in mind that enemies in the recovery process are not complicated legal process or your spouse. The negative feelings you carry within, including, fear, guilt, and pessimism are things that will make it hard for you to recover. Reading self-help books or seeing a counselor can help you deal with negative emotions and boost your self-esteem.

Jumpstart Your New Life

Divorce Matters notes that getting legal and psychological assistance can help, as both can help you navigate the whole process of divorce. The choice to jumpstart your new life still depends on you. It is important to get out of denial and believe that there is life after divorce.

If you find it hard to get on with your life, start small. You can re-arrange the furniture pieces in your house, enroll in a cooking class, or start a new hobby to have something you can get busy with. The key to starting over again is loosening the bonds of negative patterns that have controlled you. To make the most of the present, you need to let go of the past.

Don’t let divorce define who you are. While you may no longer be with you better half, you’re still 100% of who you really are.