Collaborative “Divorce” for Unmarried Couples

Divorce for Unmarried Couples

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  • Changes For Same-Sex Couples Since Obergefell

    Since the Supreme Court decision in Obergefell v. Hodges in mid-2015, the legal landscape has undergone seismic changes with regard to the rights and responsibilities of same-sex couples. From  tax laws to estate planning, same-sex couples must revise and conform their plans and thinking to the new reality, which sometimes  can be more difficult than one might think. Tax Law Issues One of the primary changes for same-sex couples in the wake of the Obergefell decision is how to deal with income tax filing. After the 2013 decision in U.S. v. Windsor, same-sex couples were permitted to file as married (whether jointly or separately), but after Obergefell, they are now entitled to the same tax breaks and exemptions as heterosexual couples. This can even add…

  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • The Point of Establishing Paternity

    All parents have an obligation to financially support their children, regardless of the relationship status with the other parent. When parents are married or living together, this support comes as a natural part of caring for members of the same household. But when divorce or separation occurs, financial assistance that was once a given may become a dispute. Only individuals considered to be a child’s legal parents have this financial obligation. For women who give birth, outside of surrogacy, establishing parentage is quite simple and automatic, but for men, the process of becoming a child’s legal father can be more complicated, and requires paternity be established. Married men are automatically presumed to be a child’s father, and the rights and obligations of this designation descend…

  • Issues to Discuss During your Divorce Mediation Sessions

    If you are considering filing for divorce, consider completing the divorce process through mediation. Mediation is a form of alternative dispute resolution (ADR) that uses guided discussions as a way to help a divorcing couple develop a mutually-satisfying divorce settlement. These discussions are guided by a mediator, a neutral third party who is trained in conflict resolution and mediation techniques. Many couples who choose mediation report high levels of satisfaction with the mediation process and better relationships with their former partners after their divorces are finalized. Choosing mediation does not mean that you do not need to work with a divorce lawyer. Your lawyer can ensure that your rights are not violated and that your interests are represented during your divorce. If any issues arise…

  • Make your Teen’s Transition to College Painless as a Divorced Parent

    Although your son or daughter is no longer a child, you are not finished being his or her parent. After your divorce, you learned how to co-parent effectively.  Now, as your child finishes high school and moves on to college, you and your former spouse have new challenges to face. Issues to Work Out If your child headed off to college in the fall, make it a point to talk to your former partner about it. There are multiple issues you should have a game plan to address such as: Who will take your child to campus on move-in day and how will holidays be shared; Who will pick your child up at the end of the semester; How you will handle costs that arise…

  • When a Spouse Stops Paying the Bills

    Divorce is usually not just an emotional challenge, but a financial one as well. When two people decide to split up, it means severing the economic ties that hold the marriage together. Indeed, this separation of assets and income is what consumes the lion’s share of the time spent on many divorces. In most marriages, there is one person who handles the bills, or at least takes the lead in handling the finances. In other marriages, couples might choose to keep finances separate. Still, even if keeping finances separate, there are no doubt large expenses that must be shared, such as a mortgage. So what happens when, during a divorce, one spouse simply stops making payments on certain bills that will affect the other spouse?…