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January 2014 Archives

Mothers (or Father's) to be may need Postnup.

We are all familiar with the concept of a "Prenup". That is the agreement that parties enter into before marriage, making a full and complete disclosure of all financial information and making provisions for future alimony and equitable distribution of assets in the event that of a divorce. Many people feel that it is not romantic to ask a future spouse to sign an agreement before marriage about how to divide assets upon a future divorce, but it can clarify how people feel about money and how to divide their assets if the marriage fails. Many people getting into a second marriage feel that it is important to protect their children and allow them to keep their assets acquired before the new marriage.A Postnup is entered into after the parties marry. Every marriage is different and there is no one answer for all situations. One good time to negotiate and create a Postnup is when a child is to be born. It should set out how long either or both parents may be out of the workforce. If the parties agree that one parent (often but not always the Mom) will leave his or her job for an extended period of time, what happens in a divorce? Suppose the parties agree that one person will stay home for a year or longer.

70s music duo Captain & Tennille end their 38-year marriage

A married couple can realize that their differences are irreconcilable at any time. It does not matter how long the couple has stayed together, the realization that a divorce is necessary may strike ten weeks into a marriage or ten years. No matter how long the married couple has remained together, divorce is difficult and often unexpected. But it is never too late to begin preparing and devising a divorce strategy that can help couples to reach a mutually satisfactory divorce settlement.

January considered 'Divorce Month'

Rhode Island residents are likely aware of the many designations attached to certain months of the year. These commemorative months range from National Poetry Month to Black History Month, and they usually exist to celebrate certain heritages or art forms. January is being unofficially commemorated for a different reason -- it is now being commonly referred to as "Divorce Month."

Strategies to consider when facing property division threats

As most Rhode Island residents are likely aware, divorce can be an emotionally tumultuous time. Though it affects everyone differently, divorce can throw some spouses into a fit of anger and emotional upheaval, making it difficult for the other spouse to keep a level head. Sometimes threats are thrown around -- the spouse who is emotionally acting out may threaten to hire an expensive lawyer, take custody of children or lay claim to all of the couple's assets. When these threats are levied, it is important to be aware of the laws and rights involved to determine whether the threats are merely idle or are, in fact, serious.

Bad Tactics in RI Child Support Hearing

I was in Family Court yesterday representing a parent who was seeking to reduce his child support because his income had diminished. He had earned $75,000/year working 40 hours per week at a marina; a year before, his co-worker left and his employer increased his hours from 40 to 80 hours without an increase in pay. He was unable to spend time with his son. This parent left his job but found another job with an employer who provided more security, health insurance, a retirement plan though the gross income was $45,000/year.

Actor Seth Peterson and wife determining child custody

Every child custody situation is unique. Whether there are four children of varying ages involved or only one child, each situation calls for a specific and unique approach. In the end, it is the child's best interests that matter most, and this means that every child custody case has to be carefully considered and structured in a way that allows for a parenting plan that best suits the child's needs.

2013 research findings suggest reasons behind divorce

There are many reasons why marriages end in divorce. Rhode Island residents may find some of these reasons surprising. But the simple fact remains that divorce is a reality that many will face in their lifetimes and in doing so, there may be challenges. A sound divorce strategy can help divorcees work through some of these challenges and come to a satisfactory resolution.

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Law Office of Steven J. Hirsch, Esq

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