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December 2016 Archives

How can getting divorced impact one financially?

Many people in Rhode Island going through a divorce may be so wrapped up in the emotional side of the process, they do not focus on the financial effect that getting a divorce will have on their lives. In fact, getting a divorce can cost a person more than they may realize. However, there are ways a person can mitigate the financial impact of a divorce.

Obtaining Your Spouse's Emails

Unauthorized access to a spouse's emails might violate the federal Wiretapping and Electronic Surveillance Act, the 7th U.S. Circuit Court of Appeals decided on December 14, 2016. Stephanie Francis Ward wrote in the ABA Journal that the 7th Circuit (the second highest court of the land) was faced with a situation concerning a spouse in a divorce. Apparently, the wife had put an "auto forward" on the husband's email account, so she was forwarded emails to the husband from anyone, including his alleged girlfriends.

Why it might make sense to divorce before the New Year

The holidays are a time for family, and for this very reason, couples in Rhode Island who are in an unhappy marriage may wait until January to end their marriage, even if they already know that divorce is inevitable. They think that by staying together, even if their marriage is crumbling, they can have one last Christmas as a family. Some may even think that the spirit of the season will save their broken marriage.

No prenuptial agreement, consider a postnuptial agreement instead

Money is often at the root of many arguments that married couples in Rhode Island have. After all, people can have different spending habits or different goals for saving money. While some couples have addressed the issue of money in their relationship prior to walking down the aisle, through a prenuptial agreement, not every Rhode Island couple has done so. When a couple's arguments about money become overwhelming and threatens their very union itself, they may wonder what they can do to see eye-to-eye. One option they may want to consider is drafting a postnuptial agreement.  Mediation is a great process to use for creating this document.  

Where to turn in Rhode Island for your divorce mediation needs

Does getting a divorce in Rhode Island mean you never have to have any communication with your ex moving forward? Not usually. Especially if you and your ex have children together, there will be at least some communication with regard to parenting, for example, during drop-off and pick-up times, or when it comes to making joint decisions regarding the child. In addition, as time marches on, life happens. Children grow older, you or your ex may get a new job or get remarried.  You will both attend your child's marriage and you will share grandchildren in common.

When might divorce mediation be an appropriate choice?

Not every couple seeking a divorce in Rhode Island wants it to be a contentious and drawn-out affair. They may wonder if there is any alternative to the courtroom that allows them to settle their divorce issues on their terms in a more private, amicable manner. These couples may want to consider divorce mediation as an alternative to litigation. How can these couples determine if mediation is an appropriate choice for them?

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Law Office of Steven J. Hirsch, Esq

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