After getting officially divorced from your spouse, you may be wondering about other kinds of documents that need updating. While people try to update their estate plan every few years or so, it may need to be done sooner if a significant life event arises. It is not uncommon for spouses to appoint their other half with duties such as power of attorney, will executor or leaving them a substantial portion of assets. If you do not want your former spouse to get any of your assets or be in charge of them after you pass on, you may want to perform a full review of your estate plan before you forget.

In the article here, we have gone into further detail about things to consider when updating your estate plan documents to remove your ex spouse’s name.

The Importance of Editing Your Will

A will is a very influential document within the estate plan, that can have a huge impact on how your assets are handled in the future. In your will are instructions and wishes for how you would like your estate to be divided up after you have passed away. Do not assume that once you are officially divorced from your spouse, that his or her name is automatically removed from your will or other documents. You actually have to destroy the old will, and create an entirely new one. It is not uncommon for people to reach out to their attorney for guidance when starting from scratch. If it has been some time since your original will was created, you may need a refresher.

Who You Assigned as Will Executor

Many people choose their significant other as their will executor. This may be one of the most important roles of your estate plan. Depending on your relationship with your former spouse now, you may or may not want to appoint someone else as your will executor. Do keep in mind that the person you choose as will executor may have to perform the following duties:

• Arranging your funeral

• Paying debts and taxes from your estate

• Distributing assets to beneficiaries as written

• Submitting a request for probate, if needed

• Protecting your assets

• Getting appraisals for belongings

• Notifying banks, government agencies and credit companies of your passing

• Creating a bank account to handle incoming funds and pay continuing bills

Emotional Turmoil

Even if you and your former spouse agreed that divorce was the right decision, you may be devastated. It can be difficult to think about reviewing your estate plan during this time of grief and healing. It can be immensely challenging for people to eliminate their former spouse from an estate plan in the midst of this heartbreak. But, you have to ask yourself if you still want this person to receive part of your assets or be in charge of them, after you pass away. Seeking support from your Sacramento estate planning lawyer about these needed changes, can help you get through the task a bit easier.

Thank you to our friends and contributors at Yee Law Group for their knowledge about beneficiaries and estate planning.

Veterans of the United States may be eligible for a broad range of programs and services provided by the Department of Veterans Affairs (also known as VA Benefits). Eligibility for most VA benefits are based upon discharge from active military service with the exception of dishonorable discharge conditions. It is always suggested to consult with an Arlington family lawyer to see if you or your spouse are eligible for benefits.

The VA offers a broad range of programs and services for our Veterans. Some of the programs include Healthcare benefits. These benefits usually include inpatient hospital care and outpatient services to not only promote, but preserve and or restore the Veterans health.  The VA medical facilities provide a wide range of services such as surgery, critical care, mental health, orthopedics, pharmacy, radiology and even physical therapy. There are additional benefits such as assistance with prescriptions, healthy living, weight loss, vaccinations, post-traumatic stress disorder programs and therapy, suicide prevention, traumatic brain injuries, long term care and geriatric care or even military sexual trauma assistance.

In order to qualify for VA benefits you must be an Active Military service member or have been discharged from the military on good standing. Active Military service members means full-time service, other than active duty for training, and must be a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or as a commissioned officer of the Public Health Service, Environmental Science Services Administration or National Oceanic and Atmospheric Administration, or its predecessor, or the Coast and Geodetic Surveys.

If you meet these requirements some of the benefits that you could receive would include Disability Compensation, Special Monthly Compensation, Special Compensation Claims, Veterans’ Pension and Aid & Attendance and Housebound Attendance. The VA also offers assistance with Education and Training, home loans, insurance, Vocational Rehabilitation and Employment, Career Opportunities, Financial Counseling, Fiduciary Services and even Mortgage delinquency assistance.

The VA provides memorial and allowances to help reimburse burial costs for  a Veteran and or his or her dependents. Burial benefits include a burial at a National cemetery, an inscribed headstone, marker or medallion, an allowance to partially reimburse the burial and funeral costs of a Veteran. These services include a Presidential Memorial Certificate and an American flag that drapes over the Veterans casket. Some additional memorial benefits include Military Funeral Honors, Burial Flags, Burial Allowances and Survivor’s benefits.

If you or someone you know would like more information on whether or not you qualify for VA benefits, please contact the Brandy Austin Law Firm to schedule your free consultation today.

Thank you to our friends and contributors from Brandy Austin Law Firm, PLLC for their insight into benefits and veterans.

Divorce already sucks and losing your entire digital library would be bitter icing on the cake, as a divorce lawyer Arlington, TX relies on can attest. In the digital age it’s not uncommon to see couples using joint accounts for itunes, share a single data plan and even run joint accounts on social media and email accounts. This post is to help you gain the best outcome make sure that you can keep all your favorite shows and tunes while also helping build your case.

iTunes and iTunes match

Ever since Apple rolled out the family sharing function for their iphones, people have pestered Apple with questions of how to retain apps and other precious data even when separating from the shared data pool. The family sharing functionality allows other users within the pool to have access to apps, subscriptions to services like apple music or spotify and retain pictures taken by other users. It’s a convenient way to allow the maximum amount of users to enjoy content for the lowest cost. Unfortunately as it was in 2012 it is the same in 2018. The original app purchase is associated with the account that paid for it. Once that account leaves the group all app data is pulled with them. The same for pictures and videos; if you are not the original creator a screenshot or separate copy is needed to retain the data after the split. However with itunes music and digital movies; they are protected by Apple DRM software preventing you from making duplicates of the content. This is where itunes match comes in for a subscription fee of $24.99 a year you can transfer up to 100,000 tracks to a new itunes account.

Phone Data, Social Media and Divorce

While the internet might bring us all closer together it is important to remember that social media can be dangerous to your divorce case. Illicit photos of yourself shared between you and your partner on apps such as tinder or snapchat are nearly impossible to delete and can negatively impact your perceptions in court. Of course the reverse is also true, the same kind of photos or posts can also hurt your spouse. While most people generally try to keep their posts relatively PG, searching for photos that others have tagged them in provides you the opportunity to see them in situations where they do not have control of the perception of the post. A simple screenshot of the post and backing the image up to your laptop or desktop and you’re set. But there is more to it than that. Because of the sharing of data that exists now you not only have access their photos and videos, but potentially spending transactions via apps like amazon, venmo or paypal. Bank statements from their bank app or even through apple pay. And of course the dreaded GPS. Part of the data sharing functions of modern smartphones is the ability to track the location of the paired devices.  You not only have access to their content but their location 24/7. If your husband or wife is not being entirely truthful in court you now have the proof needed to expose them and take control of the narrative.

Thanks to our friends and contributors from Brandy Austin Law Firm PLLC for their insight into divorce and itunes.

Movers

Legally separating from someone you had thought you would spend the rest of your life with can be immensely painful. On top of parting ways, you may now have to make decisions about child custody, divorce agreements, and who shall move out of the house. It can be agonizing for both spouses, especially the one who must pack up their belongings and leave the home formerly shared together.

During this time, it is crucial that those moving out due to divorce, take proper care of themselves. In the article here, we have provided a few tips to help you cope with the separation, and how to move out of the house with more ease.

Talk to Your Children Early

If you and your soon to be former spouse have shared children together, talk to them about the divorce sooner rather than later. Your children may need extra time to adjust to the idea that you two will no longer be together. Even if things between you and your spouse are tense, try your best to keep verbal disputes away from your children. Do not talk badly about the other parent, as this can be very harmful for children to hear. During disagreements, try to remember that you both should make decisions that are in the best interest of your children.

Give Yourself Plenty of TLC

Taking good care of your body and mind during this life transition can be vital to your overall wellbeing. It is perfectly normal to experience sadness, grief, anxiety, fears and other emotions. Here are some things you can do to help take care of yourself while adjusting to a new way of living:

• Get plenty of sleep, if you can

• Spend time doing things you love, just for you

• Talk to friends and family about any struggles you have

• Practice journal writing, to get thoughts and feelings onto paper

• Exercise regularly to help keep your stress level down

• Tell yourself it is okay to grieve, and treat yourself kindly

Schedule Time for the Spouse to Pack

If tensions are running very high as the moving day approaches, consider scheduling solitude time for the spouse leaving to pack their things. Having your soon to be ex wife or husband hovering around as your items are being boxed and hauled out, can add more agony to the situation than needed.

Consider Hiring a Moving Company

If the idea of carrying your treasures out of the family home is just too much to bear, you may want to consider hiring Washington DC movers to take care of this step for you. By having someone else do the moving, it can free you up to accomplish other related tasks. You could spend that extra time getting rest, making deposits, signing contracts, or doing a deep clean of the new home before the arrival of your things. Hiring moving professionals can save you from the additional pain of moving belongings out of the home you used to share as one.

Family Attorney

In the event of divorce, it is common for emotions to run high. As a result, it can be difficult to come to a compromise on many issues, including child support. However, you go through the process and agree on an amount. Things are copacetic for a while and then something changes that affects the amount you can pay or the amount you need to care for your child. What do you do? The below information should help you to understand circumstances that warrant modified monthly payments for established child support orders.

What justifies modified child support payments?

When life throws you a curveball you may have options. The amount a parent pays in child support is determined by state law. Although states may vary in their method of calculating the initial amount of child support, most have an established system that allows the court to adjust the monthly payments as long as it is amicable to both parties and/or a judge rules on a revised amount. In fact, most states agree that there are circumstances in life that significantly alter the needs of the child and the financial circumstances of the parent. In child support cases, most states base the original amount on what the paying parent can reasonably afford and what the receiving parent will need to ensure that their child or children are able to thrive. As time moves on, however, those situations change. Therefore requiring a change in the originally agreed upon child support order. The list below highlights some of those circumstances.

• Illness or injury that impacts the income of either parent- in the event that either the paying or receiving parent’s health is impacted and he or she is unable to conduct daily responsibilities as they once were, he or she may qualify for a modification in the monthly child support payments.
• Change in employment- if the income of either parent significantly increases or decreases, the monthly amount that he or she is able to pay will naturally change. In the event that the paying parent changes jobs for a lesser salary, he or she may not be able to pay as much. Conversely, if the receiving parent gets a promotion, he or she may not need as much support for their child or children from the other parent.
• Your child’s medical needs have changed and there are additional medical bills. If your child has an accident or receives a diagnosis that changes the cost for his or her daily care, the original child support agreement should be looked at and a modification may be necessary.
• As your child gets older, expenses increase. Naturally, the needs of a six year old are much different and less expensive than that of a seventeen year old.
• The paying parent has another child- Having another child may qualify for a reduction in child support, however, state laws do differ on this point.

How do I request a modification?

The most ideal way to request a modification in your child support agreement is to work directly with your former spouse. If that is not a possible solution, you will need to file for a motion to modify the original child support order and will go before a judge. It may be in your best interest to seek the advice of a family attorney Tampa, FL trusts who understands the nuances of your state’s laws, child support and family issues, as well as all the paperwork associated with the request for a modification.  

Thank you to our friends and contributors at The McKinney Law Group for their insight into child support.

Family Law Lawyer

Divorce is never easy. Even under the best circumstances where each person agrees divorce is the right decision, there can be plenty of changes soon to come that can be painful to process. This may be especially true for those couples who have children or pets together, and must now decide how time shall be shared. There are an abundance of articles out there on the web that talk about how to get through a divorce. With so many opinions and thoughts being strewn your way, it can be even harder to figure out how you feel amidst all that.

Here in this article, we have aimed to simplify how to deal with divorce and make it as smooth of a process as possible. Please read further for some advice that hopefully resonates with what you may be going through. We have provided information through a question and answer format:

Should I get support from an attorney during the divorce process?

It can be immensely beneficial for people going through divorce to get advice and representation from a qualified family law lawyer Rockville, MD trusts. Divorce can quickly become a sticky mess as property, child custody, monetary awards, spousal support or other aspects of your former marriage must be delegated. It can take a substantial amount of stress off a person’s shoulders if they have a legal professional to support them along the way. An attorney can become particularly useful in situations where your soon to be former spouse is being challenging, hostile or unresponsive during the steps towards divorce. A legal professional can offer words of wisdom to help you navigate such uncomfortable scenarios.

What can I start doing to get more ready for what is to come?

Perhaps one of the scariest things about divorce is the fear of the unknown. Now that you must create a new life, it can be frightening to imagine thinking about oneself instead of as a two-person unit. Here are just a few ways you can start to get ready for the process of divorce:

1. Start incorporating more self-care into your daily life

2. Establish a community of friends and family who can support you during the transition and grieving

3. Eat proper food so your body has the strength and nourishment to handle stressful conversations or tasks regarding your divorce

4. Practice healthy methods of coping that do not include excessive alcohol, drug-use or other self-medicating behaviors

5. Spend time outdoors in nature and with the people you love

Should I consider going to therapy as a way to deal with the divorce?

It is not uncommon for a person to consider going to therapy as a way to cope with a divorce. When we get married to someone, we usually anticipate it lasting forever. So when it does not last as long as we had intended, there can be a mix of unpleasant feelings that should be expressed. Many people find therapy therapeutic, as a therapist is there as an unbiased and non-judgemental person who can assist you in healing from the grief and heartache.

Thank you to our friends and contributors at Daniel J. Wright for their insight into divorce.

Family Attorneys

It’s possible that you will receive alimony in a divorce, child support is likely to be included if you have children from the marriage. It may be complicated to tell the difference between the two if you are receiving both in a divorce settlement. It’s important to note that there is a difference between the two as they serve different purposes, and possibly seek the counsel of experienced family attorneys Tampa, FL residents trust.

Child Support

When a custody agreement is reached, one parent will become the custodial parent, meaning the child will spend most of their time living with them. Child support will be paid to the custodial parent by the noncustodial parent for the care of the child. Child support helps to pay for things such as: daycare, food, clothing etc. Usually, a non custodial parent is responsible for making custody payments until the child reaches the age of 18, and in some cases, even 21.

Alimony

Alimony, also known as spousal support, is when one spouse is financially obligated to the other. Alimony can be received regardless of whether there are children involved. Spousal support can be received in payments made over time or in one lump sum to the spouse who earns less money. Alimony is put in place to help a spouse maintain their life despite a separation. There are some situations in which a spouse may have not worked because they stayed at home to take care of the children. When this occurs, alimony is awarded to them to help take care of themselves in the way that child support is designed to help care for the children. While the rules vary depending on the state you live in, alimony payments are usually halted when the dependent spouse moves in with someone else or is remarried.

Key Differences

• Alimony is for the spouse while child support is for the child.

• Alimony is awarded regardless of whether or not there are children involved.

• There are serious implications to being late or missing child support payments, it is even considered a crime in some states.

• Alimony is received by the person who earns lower wages whereas child support can be paid by the lower earning person.

• Child support is not taxable while alimony is taxed as it is a type of income.

The court is expected to consider what is best for the child, including being taken care of financially so that the child doesn’t suffer as a result of the parent’s divorce. The spouse that primarily takes care of the child will receive support so that both parents are supporting the child and some of the weight is taken off of their shoulders as the primary parent.

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Thank you to our friends and contributors at The McKinney Law Group for their knowledge about family law.

Divorce Lawyer

No one thinks that they will get divorced when they say their vows, but it happens all too often. Not matter what caused your divorce, it can be one of the most difficult events of your life. You are forced to make a lot of important decisions in a short time frame, which can be incredibly stressful. However, it’s important to remain calm and understand that your actions can affect the outcome of your divorce.  It is also extremely important to have a lawyer, like a divorce lawyer Baltimore trusts, who understands family law.

Here are the do’s and don’ts of divorce:

Do Disclose All of Your Assets

It is important to be completely honest in regards to your assets. If you lie try to hide a bank account or another asset, it can negatively affect the outcome of your divorce.

Do Cut Down On Your Spending

It should be no surprise that getting a divorce isn’t cheap. Attorney fees, extra gas for trips to court for hearings and attorney meetings will definitely add up after a while. That’s why it’s a good idea to cut down on your spending for now. Look at your monthly expenses and look at what you can realistically cut out, such as eating out and trips to the nail salon.

Do Keep Your Children’s Best Interests in Mind

Divorce can be extremely tough on children, so it is critical for you to be there for them. Let them know that you and your spouse still love them and will always take care of them. Encourage them to talk about their feelings with you. Refrain from talking poorly about your ex in front of the kids, no matter how angry you are with him or her. Doing this will just make your kids feel worse.

Don’t Go Against Court Rulings

Throughout your divorce, a judge will likely making several rulings, such as which parent will have to pay child custody. It is important to follow these rulings. Otherwise, you could face fines and even imprisonment. If you feel like a ruling is unfair, talk it over with your family lawyer.

Don’t Get Into a New Relationship

When you’re going through divorce, you may feel hurt and lonely, so it’s natural for you to crave a new relationship. However, it isn’t advisable to get into a new relationship right now, as it can negatively affect your settlement. It’s also important to give yourself plenty of time to recover from your divorce before you jump into something new.

Don’t Go Without Legal Help

Having the right family lawyer by your side is invaluable during a divorce. A lawyer can stand up for your legal rights, protect your best interests and prevent you from making rash decisions. He or she can also communicate with your ex on your behalf and improve your chances of getting a fair settlement.

Many divorce lawyers offer free initial consultations. Schedule a consultation with one today to discuss your case in detail.

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Thanks to our friends and contributor from the Greenberg Law Offices for their insight into do’s and don’ts of divorce.

Divorce Lawyer

Divorce can be one of life’s more significant events. Although the rate for divorce is high, it is still an extremely painful process for everyone involved. With about one-third of divorces occurring within the first five years when couples usually begin to start families, breaking up can become even more stressful and heartbreaking. Besides the high level of stress, legal processes with a divorce lawyer and emotions that deal with divorce, one may feel a whole new set of emotions linked to the aftermath of piecing their life back together again.

It is imperative to realize that things will get better over time and that you are not alone. Visiting a therapist to discuss your divorce can help you and your spouse, and your children, or just you, get through the stress of it all and the events following the divorce.

Counseling By Stage of Marriage

Marriage counseling is typically utilized to help a relationship work through troubles in an effort to strengthen the bond and prevent a break up. A therapist can help with communication and conflict resolution skills to reinforce a couple’s relationship, but if the issues are too strong, then divorce may be the best way to go. Thankfully, a therapist can also ease a couple into and out of the transition of divorce.

1. Pre-Divorce

Attending therapy at this stage can help with effective and civil communication from the beginning of the process. This is important especially if there are children because a healthy, civil divorce is best to help them ease into the transition as well. The children shouldn’t have to be exposed to too much negativity. Counseling before the proceedings can also be helpful to deal with parenting issues related to the break up and give your children a platform to express all their feelings.

2. Post-Divorce

Regardless of the reasoning, a divorce can affect you and those closest to you in profound emotional ways. Life after a divorce can be emotionally challenging and you may come to feel overwhelmed about your present and future state. A therapist can help you cope with these feelings and help you set a path back to a better state of mind.

What Benefits Can I Get From Counselling?

There are stages and steps in recovering from divorce, just like the process of grieving. Give yourself time to grieve the loss of your relationship and any future plans you may have made with your spouse. It is alright to feel, and it is important to know that you are not alone. Seek out friends and family to help you recover in addition to support groups or therapy that may be helpful to you. While your loved ones provide emotional support, your divorce counselor will be able to help you:

• Understand the stages of grief and how you are making your way through them

• Learn coping skills to deal with emotional pain

• Give the family a place to discuss their grief

• Understand the failing of the relationship and how to avoid those issues in the future.

If you do not feel like you are making progress with your grief on your own or find you are unable to move on. You could be suffering from symptoms of a mood disorder like depression and you may need to seek help. Visiting a therapist will help combat emotions ranging from mild to extreme and can catch a disorder allowing for proper treatment. You are not alone–seek a therapist to help give you coping tools and realize that it will get better.

Thank you to our friends and contributors at Scroggins Law Group for their insight into divorce law.

Child Custody Lawyer

When a couple divorces, they have to figure out where the children will live and who will be the primary caretaker. Usually, the couple can make a decision themselves, either together or through legal assistance. If they cannot make a decision amongst themselves, then the court must step in to evaluate the situation and make an arrangement. The court will always act in the best interest of the children, of course.

Two Types of Custody

Physical custody is commonly awarded to a parent where the child will live predominantly. Both parents can have legal custody over the child, meaning that they make decisions together about the welfare of their child regarding schooling, health, clothing and other major decisions. Both parents holding 50-50 physical custody is not usually possible, but they usually share legal custody unless one parent is deemed unfit.

Sharing Custody

A joint custody arrangement is when a child spends around the same amount of time with each parent. People advocate for this arrangement because it seems like it will help ease the child into the new situation. However, some argue that one parent should have custody (one stable home to spend most of the time at) with a generou visitation agreement so the noncustodial parent can participate as much as they like. Joint physical custody is extremely difficult to work out between divorced parents and it is rare that the court will allow this arrangement.

One option that is also unpopular is split custody which allows one parent to take one or more of the couple’s children and the other takes the rest. Separating siblings is not preferable, and it rarely happens.

Alternative Families

Most states elect to give sole custody to the mother when parents are unmarried unless the father brings action for a custody arrangement. Usually, a father will not win custody over a fit mother, but if something happens to the mother than he has priority over other relatives.

What the Court Considers

The court is always trying to determine the best interests of the child.  That can be difficult to determine in some cases, though the court typically examines which parent has taken on most of the responsibilities for the child’s life. If the children are old enough to tell them, the court will give them the chance to express their preference.

Though states vary on what they define as “best interest” some common factors include:

1. Mental and physical stability and health of parents

2. Religious and cultural traditions and affiliations.

3. Most stable home situation

4. Relationships with other household and family members

Consulting a Family Law Attorney

This is perhaps the most emotional portion of divorce proceedings and can get difficult as you discuss child support arrangements as well. Call today to consult with a child custody lawyer and get help figuring out a payment and visitation schedule that meets your family’s unique circumstances.