Podcasts about property division

Welcome back to Divorce at Altitude with Ryan Kalamaya! In this episode, Ryan is joined by co-host and family law attorney Amy Goscha to explore how property division impacts spousal maintenance in Colorado divorce cases.Whether you're a high-net-worth individual or navigating a more modest estate, understanding the relationship between property distribution and support obligations is critical. Ryan and Amy unpack how Colorado law approaches these issues and the strategic implications for both parties in a divorce.Episode HighlightsProperty First, Then Maintenance Learn why Colorado courts divide property before considering spousal maintenance—and how the type, value, and liquidity of assets can affect support awards.High-Net-Worth Divorce Scenarios Does $10 million mean no spousal maintenance? Ryan and Amy explain why wealth doesn't always eliminate support obligations.Asset Composition Matters From businesses to brokerage accounts to homes, not all assets are created equal when calculating income and support.Lifestyle & Location How lifestyle differences between Aspen and Grand Junction might impact maintenance—and why judges consider reasonable needs and cost of living.Disproportionate Property Awards Why courts may prefer awarding a greater share of property to avoid ongoing maintenance obligations—and how that plays into long-term financial planning.Key Takeaways• Colorado is an equitable—not equal—distribution state. Property division isn't always 50/50.• The more property a party receives, the less likely they are to qualify for spousal maintenance. • Maintenance is based on both need and ability to pay, and judges often consider the type of asset, lifestyle, and long-term earning capacity.•  Financial experts can play a key role in helping determine reasonable needs, passive income potential, and net spendable income.

In this episode, Wade and Tain discuss the division of property in domestic relations cases. The written outline, with citations, can be found at goodjudgepod.com.

Show Title: Understanding Property Division: What's Yours, Mine, and Ours? Property division is one of the most complex and emotionally charged aspects of divorce. In this episode of We Chat Divorce, Karen and Catherine break down the process of dividing assets to help listeners gain clarity and confidence. They explore the differences between community property and equitable distribution states, explain marital versus separate property, and provide tips for managing high-value assets like businesses, stock options, and retirement accounts. Whether you're struggling to define "yours, mine, and ours" or aiming for a fair division of assets, this episode offers practical insights into achieving financial clarity during divorce. Key Topics: Community Property vs. Equitable Distribution States: How laws affect asset division and the role of “just and fair” principles. Marital vs. Separate Property: Understanding the distinctions and how commingling can blur the lines. Complex Assets: Tips for managing businesses, stock options, and retirement accounts with clarity and proper documentation. Financial Preparation: Why being informed is critical before mediation or negotiations. Real-Life Stories: How the MDS Divorce Financial Portrait™ empowers clients with organization and clarity. Key Takeaways: Clarity is Key: Understand the knowns, unknowns, and the impact of financial decisions. Preparation Saves Time and Money: Being unprepared can lead to rushed and costly decisions. Healthy Conversations Matter: Open financial discussions (even prenups) strengthen relationships. Take Control: Tools like the Divorce Financial Portrait™ keep you organized and in charge. Disclaimer: The information provided in this podcast is for educational and informational purposes only and should not be considered financial or legal advice. Please consult with professionals in the relevant fields for personalized guidance. The WeChat Divorce podcast (hereinafter referred to as the “WCD”) represents the opinions of Catherine Shanahan, Karen Chellew, and their guests to the show. WCD should not be considered professional or legal advice. The content here is for informational purposes only. Views and opinions expressed on WCD are our own and do not represent that of our places of work. WCD should not be used in any legal capacity whatsoever. Listeners should contact their attorney to obtain advice with respect to any particular legal matter. No listener should act or refrain from acting on the basis of information on WCD without first seeking legal advice from counsel in the relevant jurisdiction. No guarantee is given regarding the accuracy of any statements or opinions made on WCD. Unless specifically stated otherwise, Catherine Shanahan and Karen Chellew do not endorse, approve, recommend, or certify any information, product, process, service, or organization presented or mentioned on WCD, and information from this podcast should not be referenced in any way to imply such approval or endorsement. The third-party materials or content of any third-party site referenced on WCD do not necessarily reflect the opinions, standards or policies of Catherine Shanahan or Karen Chellew. WCD, CATHERINE SHANAHAN, AND KAREN CHELLEW EXPRESSLY DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES ARISING OUT OF ANY INDIVIDUAL'S USE OF, REFERENCE TO, RELIANCE ON, OR INABILITY TO USE, THIS PODCAST OR THE INFORMATION PRESENTED IN THIS PODCAST. If you would like to obtain a typed transcript of this podcast episode, please email us at hello@mydivorcesolution.com. Please be sure to include the episode name in the transcript email request. Thank you! Learn more about your ad choices. Visit megaphone.fm/adchoices

If your goal is to finalize your divorce amicably and affordably, you need the right representation. Easter & DeVore, Attorneys at Law in Knoxville, TN (865-566-0125) are an award-winning team of divorce lawyers committed to putting your goals first. Learn more at https://www.helpingclients.com/divorce-lawyer-knoxville Easter & DeVore, Attorneys At Law City: Knoxville Address: 7417 Kingston Pike, Suite 202 Website: https://www.helpingclients.com/

Property division is one of the most difficult issues to resolve in a divorce. Boone, IA divorce attorney Jennifer Frese offers mediation and representation services to ensure fair and equitable distribution of assets between the parties. Go to https://jfreselaw.com to find out more. Jennifer Frese, Attorney At Law City: Marshalltown Address: 309 W Main St., Website: https://iowadefenselawyer.com Phone: +16413285234

Strategic pre-divorce financial planning, protection of parental rights, and comprehensive counsel during contested and uncontested cases define their client-centered approach. The firm invites individuals seeking legal aid in such cases for consultation. Stange Law City: Rolling Meadows Address: 1600 Golf Rd Website https://www.stangelawfirm.com/ Phone +18558050595 Email kevinf@stangelawfirm.com

Susan Guthrie welcomes Top Financial Professional Nicole Romito as she shares some of the big issues to look for in a complex property divorce case. This episode can save you big bucks!  We've discussed many financial issues that arise during divorce - including whether or not to keep the house, how to find hidden assets and more. In this episode, Nicole Romito will help us dive into the more difficult issues about asset division in divorce. There is no do-over when it comes to the division of assets. You are making life-altering decisions that will impact you for the rest of your life. Knowledge is power when it comes to these complex financial issues, and even more powerful is having a financial professional who knows what they're doing.  Nicole Romito, CFP, CDFA, is a Partner and Lead Advisor with Private Vista. While she has clients who are in all different cycles of life, she gets an extra boost collaborating with women who are going through a transition and are making life-altering financial decisions. This could be due to divorce, becoming a widow, selling their business, or being able to retire from their corporate executive career. Topics and Golden Nuggets include: Why it is so important to have a financial planner on your divorce team The most common complex investment pitfalls “It's a lot easier to come to agreements when it's a win-win agreement.” Retirement, pensions, 401ks, and IRAs asset division  What you should be aware of about executive compensation **************************************** About this week's special guest: Nicole Romito Nicole Romito, CFP, CDFA, is a Partner and Lead Advisor with Private Vista. While she has clients who are in all different cycles of life, she gets an extra boost collaborating with women who are going through a transition and are making life-altering financial decisions. This could be due to divorce, becoming a widow, selling their business, or being able to retire from their corporate executive career. What excites Nicole about what she gets to do each day? Helping women make smart and thoughtful decisions as they navigate an emotionally stressful time. Clients see her as a teacher, advocate, and partner. Having gone through a divorce herself and leaving a 10-year career with a bank to start my own financial planning practice, Nicole understands the stress of being 100% responsible for your financial security. That is why she invests extra time with her clients and their other professionals such as their attorney and CPA to create a plan which takes them from a place of fear and uncertainty to one of clarity and confidence.  Whether it is a proposed divorce settlement, settling an estate or navigating deferred compensation plans and exercising employer stock plans on your way to retirement; her clients are relieved, that together, we create a forward-looking financial plan so they can see what the future may mean for them and their family. Since I walked by their side and never judged, during a very emotional time during which is it common to become flooded and unable to make decisions, they look to me as their ongoing partner to successfully manage their wealth. Connect with Nicole: https://myprivatevista.com/index.html Nicole on LinkedIn: https://www.linkedin.com/in/nicole-romito-cfp-cdfa-993b07/ Nicole on Instagram: http://instagram.com/nicole.romito ***************************************** THANK YOU TO OUR SPONSORS:   SOBERLINK Thriving in divorce and beyond means not having to worry about the safety of your children when it comes to co-parenting. With alcohol abuse on the rise, many co-parents are turning to the system committed to providing proof, protection, and peace of mind. Soberlink's alcohol monitoring system is the most convenient, reliable, and reasonable way for a parent to provide evidence that they are not drinking during parenting time. Soberlink's real-time alerts, facial recognition, and tamper detection ensure the integrity of each test, so you can be confident your kids are with a sober parent. With Soberlink, judges rest assured that your child is safe, attorneys get court-admissible evidence of sobriety, and both parents have empowerment and peace of mind.  Pull back the curtain on the mysteries of parenting time and trust The Experts in Remote Alcohol Monitoring Technology™ to keep you informed and your kids safe and secure. To download the addiction and children resource page that I developed with Soberlink, visit www.Soberlink.com/Susan  ________________________ AMAZON PRIME VIDEO TRIAL After a long day at work helping people to navigate divorce, I like to unwind with a little binge-watching, and currently, Amazon's Prime Video is my channel of choice.   If you want to try out Prime Video for free, I've got a 30-day trial for you!  Just go to https://divorcebeyond.com/Prime-Video for your free trial.    ********************************************************************* SPONSORSHIP OPPORTUNITIES ARE AVAILABLE!  https://divorcebeyond.com/Sponsorship-Info ******************************************************************* MEET OUR CREATOR AND HOST: SUSAN GUTHRIE®, ESQ., the creator and host of The Divorce and Beyond® Podcast, is nationally recognized as one of the top family law and divorce mediation attorneys in the country.  Susan is the Vice Chair of the American Bar Association Section of Dispute Resolution and is a sought-after keynote speaker, business and practice consultant, coach and trainer. You can find out more about Susan and her services here:  https://neon.page/susanguthrie Internationally renowned as one of the leading experts in online mediation, Susan created her Learn to Mediate Online® program and has trained more than 25,000 professionals in how to transition their practice online.  Susan recently partnered with legal and mediation legend, Forrest "Woody" Mosten to create the Mosten Guthrie Academy which provides gold-standard, fully online training for mediation and collaborative professionals at all stages of their careers.   Follow Susan Guthrie and THE DIVORCE AND BEYOND PODCAST on social media for updates and inside tips and information: Susan on LinkedIn: https://www.linkedin.com/in/susaneguthrie/ Susan on Instagram @susanguthrieesq ********************************************************************* We'd really appreciate it if you would give us a 5 Star Rating and tell us what you like about the show in a review - your feedback really matters to us!  You can get in touch with Susan at divorceandbeyondpod@gmail.com.  Don't forget to visit the webpage www.divorceandbeyondpod.com and sign up for the free NEWSLETTER to receive a special welcome video from Susan and more!! ********************************************************************* DISCLAIMER:  THE COMMENTARY AND OPINIONS AVAILABLE ON THIS PODCAST ARE FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE.  YOU SHOULD CONTACT AN ATTORNEY IN YOUR STATE TO OBTAIN LEGAL ADVICE WITH RESPECT TO ANY PARTICULAR ISSUE OR PROBLEM.

If you live in Ames and need a Family Lawyer, call Jennifer Frese Attorney at Law (641-328-5234). Ms. Frese, with an office in Marshalltown, also offers additional expertise in criminal law and federal defense.For more information, you can visit https://jfreselaw.com Jennifer Frese, Attorney At Law 309 W Main St., , Marshalltown, IA 50158, United States Website https://jfreselaw.com/ Email prc.pressagency@gmail.com

Rushion interviews Attorney Real Estate Developer Diana Lynch. Attorney Lynch has over two decades' worth of litigation experience in family law and holds a license in mediation and arbitration. She handles sports, entertainment, business law, and family law cases involving divorce, child custody, child support, and property division, and we will discuss her historic 1000-acre golf resort purchase in the Dominican Republic. But her primary purpose isn't just acquiring wealth for herself; it's inspiring the Black community to take on more ownership.   Rushion interviews Legendary R&B singer WILL DOWNING. He is affectionately dubbed as The Prince of Sophisticated Soul, with a repertoire consisting of signature interpretations of R&B classics like "I Go Crazy," "Wishing On A Star," "Stop Look & Listen," and "I Try," with original hits "A Million Ways," "After Tonight," "Sorry I," "Everything I Want in My Lady" and the show-stopping, chart-topping duet with Rachelle Ferrell, "Nothing Has Ever Felt Like This."  He has released a new single, "Till We Meet Again."  The song offers a message of hope and understanding that will resonate with anyone who has faced mental health challenges. According to Will Downing, the song was inspired when he lost his daughter to suicide in January of 2023. He is on the show to discuss his career and the song, Till We Meet Again" to alert you to mental health issues and suicides.Support the show: https://www.steveharveyfm.com/See omnystudio.com/listener for privacy information.

Rushion interviews Attorney Real Estate Developer Diana Lynch. Attorney Lynch has over two decades' worth of litigation experience in family law and holds a license in mediation and arbitration. She handles sports, entertainment, business law, and family law cases involving divorce, child custody, child support, and property division, and we will discuss her historic 1000-acre golf resort purchase in the Dominican Republic. But her primary purpose isn't just acquiring wealth for herself; it's inspiring the Black community to take on more ownership.   Rushion interviews Legendary R&B singer WILL DOWNING. He is affectionately dubbed as The Prince of Sophisticated Soul, with a repertoire consisting of signature interpretations of R&B classics like "I Go Crazy," "Wishing On A Star," "Stop Look & Listen," and "I Try," with original hits "A Million Ways," "After Tonight," "Sorry I," "Everything I Want in My Lady" and the show-stopping, chart-topping duet with Rachelle Ferrell, "Nothing Has Ever Felt Like This."  He has released a new single, "Till We Meet Again."  The song offers a message of hope and understanding that will resonate with anyone who has faced mental health challenges. According to Will Downing, the song was inspired when he lost his daughter to suicide in January of 2023. He is on the show to discuss his career and the song, Till We Meet Again" to alert you to mental health issues and suicides.See omnystudio.com/listener for privacy information.

Rushion interviews Attorney Real Estate Developer Diana Lynch. Attorney Lynch has over two decades of litigation experience in family law and holds a license in mediation and arbitration. She handles sports, entertainment, business law, and family law cases involving divorce, child custody, child support, and property division, and we will discuss her historic 1000-acre property purchase in the Dominican Republic. But her primary purpose isn't just acquiring wealth for herself; it's inspiring the Black community to take on more ownership.Support the show: https://www.steveharveyfm.com/See omnystudio.com/listener for privacy information.

Rushion interviews Attorney Real Estate Developer Diana Lynch. Attorney Lynch has over two decades of litigation experience in family law and holds a license in mediation and arbitration. She handles sports, entertainment, business law, and family law cases involving divorce, child custody, child support, and property division, and we will discuss her historic 1000-acre property purchase in the Dominican Republic. But her primary purpose isn't just acquiring wealth for herself; it's inspiring the Black community to take on more ownership.See omnystudio.com/listener for privacy information.

This episode is also available as a blog post: https://herstontennesseefamilylaw.com/2021/05/19/marital-dissolution-agreement-modified-after-court-finds-property-division-inequitable-in-clarksville-tennessee-divorce-shannon-v-shannon/

Avoiding Retirement Interrupt, Boundaries, Self-care and Property Division during a Divorce. Today, Tina welcomes Scott Schill of S.R. Schill & Associates, Jasmine Svare of Yellow Arrow Counseling & Brent Bohan of McKinley Irvin. Website(s): https://www.srschill.com/ http://www.yellowarrowcounseling.com/ https://www.mckinleyirvin.com/attorney-profiles/brent-bohan/

Part 1 - We tackle legal terms that you hear and want to make sense of. Part 2 - Child Support, Spousal Support and Property Division

Send voicemails to SpeakPipe.com/DivorcedAndDone Divorce lawyers Rob Woodward and Darren Schmidt help demystify the divorce process and get you on the path to becoming Divorced & Done. Find us online at DivorcedAndDone.com and our podcast email LawyersTalkingAboutDivorce@gmail.com We're a TOP 10 podcast as ranked by Feedspot, we recently ranked in the top 10 of the Best 25 Divorce Podcasts. Check it out https://blog.feedspot.com/divorce_podcasts/ We're also on TikTok: @familylaw_darrenschmidt and @robert_woodward Everything we talk about on this podcast is for your information, but it is not legal opinion or legal advice.

Ryan Kalamaya explains what happens in a divorce if  part of your income consists of stock options, restricted stock units (RSUs), restricted stock and deferred compensation.Key Points:Income vs. PropertyLook at the contract to see if there is a presently enforceable right. It is true, however, to state that vested options during the marriage is property How timing is important when it comes to these issuesFor exec comp when there is a combo of marital and separate, there are a couple different ways to divide the incomeDifferent Valuation Methods used Similar to Episode 73 with dividing qualified retirement plans in a divorcePresent valuationDeferred DistributionRetained JurisdictionFor more info:Property Division in Episode 56Marital & Separate Property in Episode 58Dividing Marital Property in Episode 61Taxes Implications in a Colorado Divorce in Episode 97Step by Step Colorado Divorce GuideThe initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.About Kalamaya | GoschaKalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Today's guest is Jeremy Gluck, president of AEGIS General Insurance Agency

Ryan Kalamaya explains how payments are made from one spouse to another to divide property at the end of a divorce. Divorce attorneys often call those property division payments "equalization payments". Ryan discusses promissory notes, interest rates, and common issues such as securitizing the payments with real estate or a business. Step by Step Colorado Divorce GuideThe initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.About Kalamaya | GoschaKalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreements, and collaborative divorce — in Colorado. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Dan Couvrette, the publisher of DivorceMag.com and Family Lawyer Magazine discussed Texas divorce and property division with Family Lawyer Brian McNamara of Kingwood, Texas. www.mcnamaralawyers.com | www.texasprenup.com 

For the latest insights on Vancouver's competitive real estate market, trust the experts at B & L Real Estate Group (604-307-9448). This month, they are talking Covid divorce spike property division with lawyer Amalia Schon. Go to https://www.bnlrealestate.com/blog/63088/north-vancouver-family-lawyer-helps-couples-and-families-through-divorce (https://www.bnlrealestate.com/blog/63088/north-vancouver-family-lawyer-helps-couples-and-families-through-divorce) to find out more.

This episode is also available as a blog post: https://herstontennesseefamilylaw.com/2022/03/21/property-division-and-attorneys-fees-challenged-in-memphis-tennessee-divorce-murdock-v-murdock/

The publisher of Divorce Magazine discusses the division of assets and debts in a divorce with Family Lawyer Eric Hannum from Manasquan, New Jersey. www.ericbhannumlaw.com 

Often, individuals in a divorce are concerned with how property is titled in a divorce. For example, they may think that because an asset is in their sole name that they will get it in a divorce. It could be a litany of assets from the marital home, a bank account, investment account or other assets in play in the divorce. Find out what impact this may have in a divorce in this epside.  You can also read more on this topic in an article on Family Law Headquarters titled: Does It Matter How Prperty is Titled in Divorce?  You can also call us at 855-805-0595 or reach out to our Oklahoma City, Oklahoma Divorce Attorneys online. 

Ryan Kalamaya goes through the basics of how property is divided in a Colorado divorce. What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at info@kalamaya.law.************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.

Erik J. Olson chatted with Joanne Ratinoff, the Managing Partner at The Ratinoff Law Group in Los Angeles, California. The firm areas of practice are Divorce, Legal Separation, Property Division, Spousal and Child Support, Child Custody, Support Modification, Collaborative Divorce, Mediation, and Prenuptial Agreements. Joanne has been practicing family law exclusively for more than 35 years and is a managing partner at Ratinoff Law. Ratinoff has many accolades, including: ⭐ "Ten Most Dependable" Family Law attorneys in the West in Forbes magazine in 2008 ⭐ Been selected each year since 2009 to date as a "Super Lawyer" by Los Angeles magazine ⭐ Approved Mediator of the Beverly Hills Bar Association for family law matters ⭐ Has achieved an AV rating (the highest rating) by Martindale Hubbell - a testament to the fact that her peers rank her at the highest level of professional excellence. Learn from her expertise on this episode of the Managing Partners Podcast! --- Array Law is Bold Marketing For Law Firms arraylaw.com Follow us on Instagram: @array.digital Follow us on Twitter: @thisisarray Call us for a FREE digital marketing review: 757-333-3021 SUBSCRIBE to The Managing Partners Podcast for conversations with the nation's top attorneys.

We tackle property, parenting, and Court process issues. Thanks for continuing to send questions to LawyersTalkingAboutDivorce@gmail.com, you can find us online at DivorcedAndDone.com. 

In this episode of Legally Uncensored with Attorney Demetria L. Graves, your favorite family law podcast, we kick off our “Divorce Series.” We discuss the top 10 biggest misconceptions around divorce, including how cheating fits into your divorce proceeding.  

This episode was previously released in 2020, but we wanted to rerelease this episode coinciding with Jessica Markham's book release of, Representing Federal Employees and Their Spouses, a Practical Guide. ----more---- Meet Jessica Markham, a family lawyer that practices in Maryland and Washington DC. She has many honors and awards to her and her firm's credit including best lawyer in America and the best divorce attorney in the Bethesda area. She started her law firm about 5 years ago and is often sort after by federal employees going through a divorce. In this episode of the Hightower Bethesda Divorce Series, Jessica joins Sarah as they scrap the surfaces of nuances of being a Federal employee going through a divorce. She's best suited for this topic since she is in the process of publishing a 600-page book on the topic. Listen in to learn different factors that apply when it comes to the division of pension property for federal employees during a divorce. What you will learn: [2:37] Factors to consider when dividing in a divorce for federal employees. [4:03] What portions of the annuity is the spouse entitled to? [6:57] The legal formulas that are used to divide pension property- what it means and how other properties impact that. [9:47] Jessica explains how long a couple has to be married for the pension law to apply. [11:16] Why this law applies to govt employees that are living but don't have to be working. [13:20] She explains in math how much a spouse or a surviving spouse gets in pension benefits. [17:08] How to understand and negotiate the survivor benefits and who pays the cost of it. [19:13] What is remarriage restructuring? How does it work in survivor benefits and pension law? [22:40] How different types of social securities affect the pension and why you have to keep these in mind when negotiating. [28:12] Why you need to think about the cost of living adjustments and supplemental annuity. Our Contacts: Website: http://bethesda.hightoweradvisors.com/ LinkedIn: https://www.linkedin.com/company/hightowerbethesda/ Facebook: https://www.facebook.com/HightowerBethesda/ Twitter: https://twitter.com/LeahPlans4You Guest's Contacts: Website: https://www.markhamlegal.com/jessicamarkham Book: https://www.representingfederalemployees.com/aboutthebook

Divorcing couples often have property to divide. Where you live can be important.

A former board of trustees chair of Christchurch Girls' High School says the ministry wasted millions of dollars over the school rebuild and was obstructive and misleading. A Wellington principal, who is fighting his own battle with the ministry, says it's clear the property division is broken. Philippa Tolley speaks to Daryl Aim, principal of Natone Park School at Waitangirua, Porirua.

Tyler and Rob explain how NOT to pay them money you would rather use for yourselves by settling your own property division claims.

Meet Jessica Markham, a family lawyer that practices in Maryland and Washington DC. She has many honors and awards to her and her firm's credit including best lawyer in America and the best divorce attorney in the Bethesda area. She started her law firm about 5 years ago and is often sort after by federal employees going through a divorce. In this episode of the Hightower Bethesda Divorce Series, Jessica joins Sarah as they scrap the surfaces of nuances of being a Federal employee going through a divorce. She's best suited for this topic since she is in the process of publishing a 600-page book on the topic. Listen in to learn different factors that apply when it comes to the division of pension property for federal employees during a divorce. What you will learn: [2:37] Factors to consider when dividing in a divorce for federal employees. [4:03] What portions of the annuity is the spouse entitled to? [6:57] The legal formulas that are used to divide pension property- what it means and how other properties impact that. [9:47] Jessica explains how long a couple has to be married for the pension law to apply. [11:16] Why this law applies to govt employees that are living but don't have to be working. [13:20] She explains in math how much a spouse or a surviving spouse gets in pension benefits. [17:08] How to understand and negotiate the survivor benefits and who pays the cost of it. [19:13] What is remarriage restructuring? How does it work in survivor benefits and pension law? [22:40] How different types of social securities affect the pension and why you have to keep these in mind when negotiating. [28:12] Why you need to think about the cost of living adjustments and supplemental annuity. Our Contacts: Website: http://bethesda.hightoweradvisors.com/ LinkedIn: https://www.linkedin.com/company/hightowerbethesda/ Facebook: https://www.facebook.com/HightowerBethesda/ Twitter: https://twitter.com/LeahPlans4You Guest's Contacts: Website: https://www.markhamlegal.com/jessicamarkham Book: https://www.representingfederalemployees.com/aboutthebook

The current culture of divorce in the United States paints litigation as the one and only avenue available to divorcing couples. While divorce litigation has a toxic and negative reputation, many lawyers continue to encourage the process. Instead of working together, the participants take adversarial roles from day one, similar to a boxing match, with each party seeking to dominate the other. Fortunately, there are alternatives. If you're considering entering the divorce process, this is an episode you don't want to miss. In this episode of Divorce, Healthy! attorney and author Ashley-Nicole Russell, of https://anrlaw.com/ (ANR Law), leads a discussion with Ben McLawhorn of https://mclawfirmnc.com/ (McLawhorn and Russell). Using examples of typical cases, Ashley-Nicole and Ben examine the divorce process through the lenses of the collaborative and litigation approaches. In doing so, they highlight the disadvantages and unique complications presented by litigation, including negativity and toxicity. This negative and adversarial relationship creates a toxic environment that is likely to affect the children involved. Additionally, litigation is often drawn out and expensive, potentially plunging couples into debt and financial plight that may linger long after the ink of the divorce is dry. This doesn't even account for the mental health impacts on the couple of an adversarial approach. With these concerns in mind, you must be thinking “there has to be a better way.” There is. Ashley-Nicole and Ben encourage a collaborative approach involving alternative dispute resolution (ADR) or mediation. While the prevailing culture can make litigation feel like your only recourse, it's possible to engage in an amicable process that respects the needs and concerns of each party. Working together to solve the problem is faster, easier, less expensive, and infinitely better for your mental health than brining your grievances before the court. Ben also stresses the importance of finding the right attorney, one that has your best interests at heart and can be a strong advocate for you and with you. Your attorney should take the time to explain the process and ensure you have a thorough understanding before asking you to make decisions that will affect the rest of your life. While sometime a court battle is necessary, be wary of an attorney that's looking for a fight. Links mentioned in the episodehttps://mclawfirmnc.com/%3e (McLawhorn and Russell) https://www.divorcecorp.com/ (Divorce Corp documentary) To inquire about speaking engagements, purchase your copy of Ashley-Nicole's book “The Cure for Divorce Culture,” or to schedule your private orientation meeting, head to http://www.anrlaw.com (www.anrlaw.com). You can also find us on social media @ANRLaw. Find a better way forward, right here, on Divorce, Healthy!

Massachusetts is one of many states known as an equitable distribution state. What does this mean exactly and how does the law determine how property should be divided in a divorce? Divorce Attorney Tim Braughler discusses division of property factors in divorces.

In this podcast, family lawyer Moura Robertson discusses Property Division & Prenups During Divorce in Oklahoma Hosted By:  Diana Shepherd, Editorial Director, Divorce Magazine Guest Speaker: Moura Robertson, Family Lawyer Divorce Magazine's Podcasts are available on iTunes. Click here to subscribe.

Selling your home is a complex process in and of itself. But selling your home because of divorce adds another layer of complexity. How do you make decisions with an ex when you’re already struggling to communicate? Lou Rodriguez is a professionally trained and certified Real Estate Divorce Specialist and Real Estate Probate Specialist based in South Florida. He has 19 years of experience in valuing homes and analyzing market trends, and in that time, he has closed on more than 700 transactions. Lou is also the author of For Sale by Divorce: The Expert’s Guide to Divorce and Property Division and Selling Your Home During Divorce: How Everyone Can Win. On this episode of Divorce Dialogues, Lou joins Katherine to discuss the role a real estate divorce specialist plays in helping couples sell a marital property. He explains why it’s important NOT to disclose that a couple is divorcing, how he handles the situation when the couple is not getting along, and what he does when they disagree on how much to invest in fixing up a property. Listen in for Lou’s insight on what to do if one or both parties is reluctant to sell their home and learn how a real estate divorce specialist makes it easier for a divorcing couple to liquidate their marital property—so everyone wins! Topics Covered The role of a real estate divorce specialist in helping couples sell a marital property Why it’s important NOT to disclose that a couple is divorcing as they sell their home How Lou handles the situation when a divorcing couple is not getting along The benefit of meeting with both spouses together to establish expectations What Lou does when a couple disagrees on how much to invest in fixing up a property Lou’s ability to assess what needs to be done to get the best price for a house Making maintenance part of the MSA when one party is staying in the home The questions Lou asks a divorcing couple upon first meeting Have you told your family and friends about the divorce? Have you discussed what’s happening with your kids? Why it’s crucial for Lou to keep an open line of communication with both spouses The information Lou provides if a one or both parties is reluctant to sell their home Lou’s approach to communicating with divorce attorneys and other professionals How understanding the couple’s timeline helps Lou structure the transaction Connect with Lou Rodriguez Lou’s Website: https://lourodriguez.me/ Connect with Katherine Miller The Center for Understanding Conflict: http://understandinginconflict.org/ Miller Law Group: https://westchesterfamilylaw.com/ Katherine on LinkedIn: linkedin.com/in/kemiller1 The New Yorker’s Guide to Collaborative Divorce by Katherine Miller: https://www.amazon.com/New-Yorkers-Guide-Collaborative-Divorce/dp/0692496246 Email: katherine@westchesterfamilylaw.com Call (914) 738-7765 Resources For Sale by Divorce: The Expert’s Guide to Divorce and Property Division by Lou Rodriguez: https://www.amazon.com/Sale-Divorce-Experts-Property-Division%C2%AE-ebook/dp/B00MF0AIDW Selling Your Home During Divorce: How Everyone Can Win by Lou Rodriguez: https://lourodriguez.me/selling-your-home-during-divorce/ Carol Ann Wilson & Gregg Greenstein: http://www.realestatedivorcespecialist.com/

Most parents believe they should be named the primary parent with custody of the child, and that the other parent should have periods of possession and access with the child. Things can get volatile in high stakes divorce and custody cases when both parents are ready to fight each other for more parenting time and the right to determine where the child lives. However, how well one wages a battle is not what indicates good parenting. The court uses a variety of resources to help weigh the facts and evidence presented. From custody evaluators to psychological experts, amicus attorneys and ad litems, it can take a coordinated effort to determine what will be in the best interests of the child. Families in Frisco, Dallas, and Plano, Texas, call Mark L. Scroggins when they need a Board-Certified Family Law Attorney.  Mark L. Scroggins is Board Certified by the Texas Board of Legal Specialization. The full podcast summary with the video you can watch and audio to listen to is available on the Scroggins Law Group website: Child Custody and High-Conflict Divorce: A Mark L. Scroggins Podcast. For a consultation for divorce, family law, child custody, and related issues call Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

Mark L. Scroggins is Board-Certified in Family Law by the Texas Board of Legal Specialization. When parents in Frisco, Dallas, and Plano, Texas have questions regarding geographic restrictions, they call Mark L. Scroggins at Scroggins Law Group.   You can find a full summary of the contents of Mark's podcast interview here: Geographic Restrictions in Texas Divorce: A Mark L. Scroggins Podcast. Also, you can watch the entire interview on our Geographic Restrictions YouTube video shot when recording this podcast. When you divorce and parents are both appointed as joint-managing conservators, there are likely going to be geographic restrictions on where parents can move with the children during and after the divorce. Lifting or modifying geographic restrictions can occur by agreement of the parties or following a modification case. There can be all kinds of reasons parents might ask to move with the children. If you are asking the other parent or the court to modify or lift geographic restrictions, you might need to present a compelling argument. Decisions involving parents, children, and geographic restrictions on where everyone resides are based on factors listed in the best interests of the child standard in the Texas Family Code. To learn more about your rights and options in divorce and child custody matters, call Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

When people are filing for divorce, they might be unsure as to who is going to pay for what and where the kids are going to be during the divorce. In a Texas divorce as well as a suit affecting a parent-child relationship, involving child custody where the parents are not otherwise married, a temporary order hearing can be held near the beginning of the case, to determine who pays for what, who lives where, and what rights each parent has while the case is pending. In Frisco, Dallas, and Plano, Texas, families concerned with their finances, child custody, and living situations rely on Mark L. Scroggins, a Board-Certified Family Law Attorney.  Mark L. Scroggins is Board Certified by the Texas Board of Legal Specialization. Get the detailed podcast summary on the Scroggins Law Group website - Issues in Temporary Orders Hearings in Texas: A Mark L. Scroggins Podcast. Usually one of the attorneys in a divorce or child custody case will make a motion to have a temporary order hearing at the beginning of the case. The temporary order hearing is short and duration and meant to preserve the status quo and keep everyone in the family moving along with their regular lives during the case. Did you know that in Collin County, Texas, you only have 20 minutes to present your information and evidence to get what you are asking for in a temporary order hearing? In certain situations, your divorce lawyer can ask the court for additional time. Getting things done right the first time is important when considering temporary order hearings.  For a consultation for divorce, family law, child custody, and related issues call Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

In today's episode, hosts Bryan Abercrombie and Samuel Sanchez discuss changes in Texas family law, details from Larry King's recent divorce (that makes seven for the perennial powerhouse), and community property division in Texas, a no-fault divorce state, and the impact that special considerations, e.g. infidelity, financial mismanagement, or inheritance, have on the standard "just and right" division, which in Texas is typically 50/50.

Money and finance in Texas divorce are important issues and you should get valuable legal advice from a divorce lawyer with significant experience in complex transactions and high-net-worth divorces in Texas. Mark L. Scroggins is Board-Certified by the Texas Board of Legal Specialization, with offices in Frisco, Dallas, and Plano, Texas, Scroggins Law Group divorce lawyers are your best asset. Get the detailed podcast summary on the Scroggins Law Group website: Money and Finance in Texas Divorce: A Mark L. Scroggins Podcast.   Mark explains that there are answers and options addressing everything from complex investments to oil leases and just about any income-generating asset or property subject to division in the divorce. Cash in hand, liquid, is worth more to you today than future interests in investments; and there are fees involved in selling stocks and properties that are otherwise increasing in value. A Certified Divorce Financial Analyst (CDFA) can be very helpful. If you are in the business of buying and selling, make sure you are incorporated and that you do not do anything outside the normal course of your established business, as Mark explains in the podcast. Spousal maintenance in Texas helps spouses meet their minimum reasonable needs while doing what they need to increase their own income opportunities. Where one spouse does not have equal access to money, orders of attorneys fees are options on an interim basis and at the end of the divorce trial. To learn more, contact attorney Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

Finances, delaying tactics, new relationships, and disparaging comments can lead to problems in a divorce. You can read a detailed podcast summary on the Scroggins Law Group website: What Not to Do When Divorcing: A Mark L. Scroggins Podcast. Mark L. Scroggins has many years of experience in high-net-worth divorce and child custody cases. Listen and learn how easily people can lose credibility in their divorce. The last thing you want to do is look petty and spiteful in front of your judge and others in the divorce. Cutting off funds and disrupting access to financial accounts can lead to major problems in a Texas divorce. Doing this might also violate the Court's standing orders, leading to more problems. There can be exceptional circumstances where your attorney can ask the court for side orders to address concerns about access to money. Delaying tactics can be appropriate in limited situations, but generally this is not a good idea. Common delays are used to make it difficult to schedule hearings. Delays in responding to discovery can also lead to sanctions when there is no cause to delay. Mark says do not pursue new relationships in Texas during a divorce; it is adultery. There is no legal separation in Texas, so you are still married until your divorce is finalized. Making disparaging comments about your spouse around your children is terrible. Your children are half you and half them. Again, trash-talking your soon to be ex can be a violation of the Court's standing orders or similar orders in divorces. To learn more, contact attorney Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

Money, Sex, Conflict, and Different Directions: Four Common Reasons People Get Divorced. Find the detailed podcast summary blog article on the Scroggins Law Group website here: Reasons People Get Divorced: A Mark L. Scroggins Podcast. In this divorce podcast, attorney Mark L. Scroggins shares wisdom from his many years experience practicing in divorce and family law cases in Dallas and all over the DFW Metroplex. Financial stresses can be overwhelming. A marriage can be strained when one spouse is a saver and the other one is a spender. The struggling self-employed and the constantly passed-over employee can get old when retirement is getting closer every year. Lack of intimacy and romance also strain a marriage. What is blocking the spark that used to be there? Are you and your spouse more like roommates raising kids? Have financial problems hindered the spark? When opposites used to attract and now repel, and when you can no longer find the person you once loved and married, your reasons for getting divorced may be a collection of all of the above. Call Mark L. Scroggins at Scroggins Law Group in Dallas, Frisco, and Plano, Texas at (214) 469-3100.

Property Division in Texas Divorce is Explained in this Podcast with Mark L. Scroggins, who is Board Certified in Family Law by the Texas Board of Legal Specialization. Property Division in Texas Divorce with Attorney Mark L. Scroggins Listen to the short podcast about Texas property division. Learn answers to common questions and what to expect in a divorce. CLICK HERE FOR A MORE DETAILED SUMMARY ARTICLE - YOU CAN ALSO LISTEN ON THE SAME PAGE ON OU WEBSITE Topics include: How Property is Divided in Texas;Community Property and Separate Property;Values of Complex Assets, Accounts, and Properties;What is Just and Right Division, When to Expect 50/50;Factors the Court Uses when Dividing Property Among Spouses. Property Division in Texas Divorce with Attorney Mark L. Scroggins Find other great podcasts, articles, and videos on the Scroggins Law Group Blog. If you need a divorce lawyer for property division in Frisco, Texas, call Scroggins Law Group. Mark L. Scroggins is Board Certified in Family Law by the Texas Board of Legal Specialization. Scroggins Law Group serves clients and their families in Dallas, Collin and Denton Counties with offices in Dallas, Plano, and Frisco. Call (214) 469-3100 to schedule a consultation.  

In this podcast, Dheanna Fikaris, the founder of Fikaris & Associates in Oakbrook Terrace, answers common questions about how property is divided during a divorce in Illinois. Hosted By: Diana Shepherd, Editorial Director, Divorce Magazine Guest Speaker: Dheanna Fikaris, the founder of Fikaris & Associates in Oakbrook Terrace https://fikarislawoffices.com/  Divorce Magazine's Podcasts are available on iTunes. Click here to subscribe.

High-Net-Worth Divorce Property Division in Pennsylvania When high-net-worth spouses are dividing property in a divorce, there are numerous assets that must be considered. This can create a difficult and stressful divorce process. Pittsburgh family lawyer Brian Rosinski discusses the most common issues that may arise, particularly what can and cannot be divided – including when it comes to private practices, stocks, and inherited assets. Hosted By: Diana Shepherd, Editorial Director, Divorce Magazine Guest Speaker: Brian Rosinski, Family Lawyer at McCarthy, McEnroe, Rosinski & Joy Bio: Brian Rosinksi is an attorney at the Pittsburgh law firm McCarthy McEnroe Rosinski & Joy. His practice is solely devoted to family law, including child and spousal support, property division, high-net-worth divorce and drafting prenuptial and postnuptial agreements. Divorce Magazine's Podcasts are available on iTunes. Click here to subscribe.

Attorney Daniel R. Gurtner, owner of Gurtner Law, LLC in Columbus, OH made a recent appearance as a special guest on the Impact Makers Radio Show, “Let's Talk Divorce!” series where he talked about Property Division in Divorce.When Talk Show Host Stewart Andrew Alexander asked about the most important considerations when looking to retain a Family Law Attorney, Gurtner replied, "They should select an attorney who's familiar with the subtleties the complex intricacies of the divorce process and divorce laws."Gurtner also spoke about how being a Family Law Attorney drives his passion for helping individuals to dispel some of the common myths and misconceptions which can sometimes prevent them from enjoying a successful property division process.To discover more about Daniel R Gurtner visit: http://www.GurtnerLaw.comTo listen to the full show on Impact Makers Radio go to: https://ImpactMakersRadio.com/Daniel-Gurtner

Attorney Daniel R. Gurtner, owner of Gurtner Law, LLC in Columbus, OH made a recent appearance as a special guest on the Impact Makers Radio Show, “Let's Talk Divorce!” series where he talked about Property Division in Divorce.When Talk Show Host Stewart Andrew Alexander asked about the most important considerations when looking to retain a Family Law Attorney, Gurtner replied, "They should select an attorney who's familiar with the subtleties the complex intricacies of the divorce process and divorce laws."Gurtner also spoke about how being a Family Law Attorney drives his passion for helping individuals to dispel some of the common myths and misconceptions which can sometimes prevent them from enjoying a successful property division process.To discover more about Daniel R Gurtner visit: http://www.GurtnerLaw.comTo listen to the full show on Impact Makers Radio go to: https://ImpactMakersRadio.com/Daniel-Gurtner

Businesses come in all shapes and sizes. If the business is making money, then it's pretty obvious that there's going to be a discussion about how that business should be valued and divided in divorce and there's rarely one answer to that.If the business isn't making any money, then a common mistake is thinking that it can be ignored. It can't. You may still need to discuss compensation for the startup expenses and you'll definitely want protection from future debts and liabilities.Joining Mandy to discuss this complicated area is Chicago-based divorce adviser, attorney, mediator and coach, Karen Covy. Karen has a free divorce toolkit available for download at her website.Looking for a transscript? Visit Mandy's blog for a synopsis of this conversation and more essential information to help you make the best decisions for you.

Family Law Attorney Kate Miller is the founder and owner of Miller Family Law LLC in Denver, Colorado. Kate believes that divorce does not have to destroy lives, and wants to help her clients divorce as amicably as possible. She has the experience and skills to handle all facets of divorce and family law. In this podcast Kate answers questions regarding separate and marital property in Colorado, how stock options will be divided in the event of divorce, and how marital debt is divided in Colorado. Hosted By: Diana Shepherd, Editorial Director, Divorce Magazine Guest Speaker: Kate Miller, Owner and Founder of Miller Family Law LLC Bio: Kate Miller is a Denver attorney focused exclusively on the practices of divorce and family law. She has lived many of the issues regarding divorce and child custody, and is passionate about helping people through this process. Divorce Magazine's Podcasts are available on iTunes. Click here to subscribe.

California Default Divorce Property Division Issues by Divorce Master Radio With Tim Blankenship

When a divorcing couple lives in an equitable distribution state such as Oregon, they can expect marital assets and debts to be divided equitably – not equally. In this podcast, Beaverton divorce lawyer Laura Schantz answers commonly asked questions about property division, including: whether or not fault ever plays a role in asset division; how retirement assets are divided in a divorce; things to consider when one spouse wants to keep the marital home; and much more.

An interesting decision came out in Missouri known as McQueen v. Gadberry (ED103138).  Among others, an important question in this case is whether pre-embroys are considered human beings under Missouri law or whether they are considered property in divorce proceedings.  This case is bound to have future implications in Missouri and other states. The case may also make it's way to the Missouri Supreme Court.  This episode is based on an article on Family Law Headquarters titled: Are pre-embroys human beings or property in divorce?  You can also read more at Missouri Embroynic Divorce and Child Custody Attorneys or at 1-855-805-0595. 

In the state of New Jersey, assets and debts are divided equitably between divorcing spouses. The court determines which assets are marital and which assets are separate, and considers numerous factors before finalizing a property division order. Sonya K. Zeigler, a Toms River family law attorney, discusses common issues related to property division in New Jersey, including: what a financially inexperienced person can do to ensure they get their fair share, whether or not gifts such as engagement rings are considered marital property, how pensions are calculated and divided during divorce, and tax considerations couples should be aware of when divorcing.

Since New Jersey is an equitable distribution state, divorcing couples are required to divide assets fairly – not necessarily equally. It isn’t always easy to know what is marital property and what is separate property, making hiring an experienced family lawyer who can protect your financial rights a key part of the divorce process. Toms River divorce lawyer Abigale M. Stolfe outlines the top things individuals going through the property division process should know, including: the difference between separate property and marital property; what a financially inexperienced spouse can do to protect themselves; whether or not a pre or postnuptial agreement can override property division rules; and what a party can do if he or she feels their spouse has lied about their assets.

Property division is one of the most complex aspects of the divorce process. In this podcast, Seal Beach divorce lawyer Ann A. Thomson helps listeners understand the difference between community property and separate property and how property is divided, including the factors a court considers when dividing property. She also offers advice on what you can do to ensure you get your fair share once the divorce is finalized.

When dividing property and assets during a divorce, you and your spouse may disagree on certain issues, such as which assets are marital property, who gets to keep the marital home, and how much a family business is worth. Property division is often very complex –  especially in high-net-worth cases – therefore requiring the involvement of an experienced family lawyer as well as other financial professionals. In this podcast, DuPage County divorce lawyer Chuck Roberts discusses common concerns couples have regarding the division of marital property in Illinois.

There are many questions regarding property division during the divorce process. From what is considered non-marital or marital property, to how the court divides up property, Sean Sullivan, Illinois Family lawyer discuss the intricacies of property division during the divorce process. Hosted By: Diana Shepherd Guest Speaker:  Sean Sullivan Divorce Magazine - www.DivorceMag.com

Faculty Member: Ginger L. Dugan, Florida Family Lawyer Facilitator: Diana Shepherd, CDFA, Editorial Director and Co-Founder of Divorce Magazine When assets and debts must be divided in a divorce, there are many issues that may come up during the division process. When bankruptcy becomes an issue, it can have an impact on who will get what after the divorce is finalized. Ginger L. Dugan discusses everything divorcing Floridians need to know about property division and bankruptcy. This session will discuss: what an equitable distribution state means the difference between marital property and separate property how joint debts are divided in a Florida divorce what a person can do to prevent their spouse from trying to sell marital property before the divorce is final whether or not premarital or prenuptial agreements override normal property division rules what happens when a spouse moves out of the marital home and whether or not they are still obligated to pay rent, mortgage, and other bills associated with the home how to stay protected against mortgage debt post-divorce whether or not a spouse is entitled to a portion of their spouse's business after a divorce the effects of bankruptcy on alimony, child support, and division of marital assets and debts.  The Divorce School - www.TheDivorceSchool.com

Faculty Member: John K. Grubb, Family Law Attorney, MBA (accounting and finance) Facilitator: Dan Couvrette, CEO and Publisher of Divorce Magazine, Family Lawyer Magazine, and DivorcedMoms.com This session looks at how an experienced lawyer can help business professionals secure assets, property, and income – or how the non-monied spouse can be sure they're getting the property and support (alimony and/or child support) they're entitled to receive.  John Grubb explains the difference between community and separate property, and how courts determine the distribution of assets in Texas. This session will discuss: high-net-worth divorce the difference between community and separate property in Texas – and why it's such a big issue how the courts determine property division in Texas how inherited property is treated the most common types of hidden assets – and how to find them What to do when there's a business involved: does your ex-spouse have a right to a percentage of the business if he/she never worked at or contributed to it? what about if both people own the business together? does it make a difference if one spouse is a "silent partner" while the other actively runs the business? what happens if one spouse owned the business before marriage?  how will the Court value the business? if one spouse is a stay-at-home parent or earns substantially less than the other, how will that affect alimony and property division? what happens to each spouse's 401k, 403b, and IRAs in a divorce how prenuptial or postnuptial agreements are used to protect assets. The Divorce School - www.TheDivorceSchool.com

California’s legislature has given husbands, wives, and domestic partners of any persuasion the right to dissolve their marriages or domestic partnerships on the basis of irreconcilable differences.  Fault is not an issue.  Singing,“You cheated, you lied, you said that you loved me,” in Family Court gets you nowhere.  The process is also form driven.  There is one for almost everything and you have to use them.  And if you force yourself to read them carefully they do make sense.  Better yet, if you and your attorney fill them out completely when you’re supposed to and follow the italicized instructions exactly, things will go along much more quickly and much less expensively than otherwise.  The basics are not complex.  Dissolution of a marriage or a domestic partnership involves three major issues: Property Division, Child Support and Child Custody (only if you have minor children), and Spousal Support. Property Division The first issue is identifying all of the assets and debts both of you have, characterizing each as community or separate, dividing the community items in half, and confirming which separate items belong to each of you.  Everything you earn or acquire while you were married (which for convenience in this discussion includes being in a domestic partnership) and still living together (before your date of separation) is presumed to be community, the same for debts.  Separate assets and debts are those you had before you married, gifts or inheritances you received while married, and assets and debts explicitly acquired by you as separate property while married, unless you mixed up separate with community so you can no longer identify the separate.  Do your best to accept the proposition that fifty cents of every dollar you ever earned while married belonged to the other guy.  It’s true unless you have a prenuptial agreement that says otherwise. Child Custody and Support The second issue is child custody and support.  These days you have to be a very bad person or live in Outer Mongolia not to have joint legal and physical custody, so arguments over sole legal or physical custody have largely given way to arguments over timeshare - the ratio of the time (as a percentage) each of you has responsibility for the kids.  If you can’t agree on who has the kids when, don’t start World War III over it.  The State will happy to decide what’s best for them whether you like it or not.  Before a judge can make an order on the subject you have to go to mediation with Family Court Services.  If you still can’t agree, the FCS mediator will recommend a timesharing schedule to the judge, and the judge will adopt the recommendation as the order almost every time. Now that you know the time share percentages, calculating child support is easy.  A computer program is mandatory.  Although the program is the most complicated in the country, the inputs are simple.  The first is the timeshare of each party.  The second is the average monthly income of each party over the past twelve months, which for most people is not hard to determine.  Sorry, debts don’t count in determining what you pay.  Neither do expenses, except for health insurance, child care costs, and a few other deductions.  If you can’t manage your child support and your debts at the same time, your next stop may be bankruptcy court. Spousal Support The third issue is spousal support, which is either temporary (prejudgment) or permanent (post judgment).  You can agree on this yourselves.  If you can’t the computer program for child support also spits out a number for temporary spousal support.  It’s not mandatory to use the number for temporary support, but it’s usually what’s ordered.  The judges aren’t supposed to use the program for permanent spousal support, but they do anyway - nobody really knows what to do with the specific factors set out in the Family Code for permanent support, although everybody agrees that permanent spousal support should probably be lower than temporary.  Unless you’ve been married  for only a few years, the judge will probably not order a termination date for spousal support.  If you want it recalculated or terminated you’ll have to come back later and convince the judge that something has changed to justify doing so.  Each party has an obligation to become self supporting and to contribute to the support of the kids, but it’s easier to announce that rule than enforce it.  Compelling a previously non-working spousal support payee back into full-time employment is a protracted and expensive proposition. And there you have it.  The devil is in the details. Carlsbad Divorce Attorney Stanley D. Prowse is a California Certified Family Law Specialist. We welcome your legal inquiries.  

If you are going through a divorce in California and you are in agreement, do you have to split your assets equally? Does everything have to be divided 50/50 or can you and your spouse make the decisions on how you want to divide things up? Listen and learn.

A Bradley Beach family lawyer, Brian Winters, explains how asset and property division are decided in New Jersey divorce cases.

Kirk Stange talks about the common myth that marital property and debt is simply split fifty-fifty in a divorce in Missouri and Illinois.  You can read more on this topic on Stange Law Firm's Property Division Page. With offices in St. Louis, St. Charles, Jefferson County, Franklin County in Missouri and St. Clair County and Madison County in Illinois, you can contact Stange Law Firm and their St. Louis, Missouri Divorce Lawyers and Belleville, Illinois in St. Clair County Divorce Lawyers online at 314-963-4700. You can find related topics on our Springfield Illinois Divorce Blog. 

Recent court of appeals decisions have addressed the issue of whether negative equity ought to be recognized on a property division. In this episode of Evolving Family Law, Moss & Barnett attorneys Jim Veddar and Jana Deach discuss those issues in detail.