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How to Minimize the Impact of Divorce on Your Kids

October 20, 2016 By Marianna Barbowski

Smiling little boy lying on the grass in the park

The accepted wisdom is that one of the most challenging consequences of divorce is the disruption and upheaval it can bring about for the children of divorcing parents. Known effects of divorce on children are adjustment and behavioral problems resulting from long periods of stress and interrupted routines (children-and-divorce.com). Psychologist Carl Pickhardt, (U.S. News & World Report) said, “Obviously kids have a certain amount of despondency because of the loss – they’ve lost the intact family. …There’s usually some anger, because there’s been a violation. …How does the kid manage their despondency, their anxiety, their anger and their stress?”

Most researchers agree that it is the nature of the divorcing parents’ relationship that has the greatest impact on how poorly or how well their kids will navigate the inevitable emotions and adjustments that come with this major event in their lives. It is not the divorce itself that affects children negatively, but rather their feelings of uncertainty about what will happen after the divorce, the level of conflict between the parents and the nature of their relationships with their parents after the divorce. According to Pickhardt, parents must reconcile their emotional differences to create a workable relationship to provide stability for their children.

Results of a recent study are encouraging: these issues become easier to deal with after four to nine months, although parents must remain alert to signs of longer-term psychological issues. Children “may need informal support or therapy to prevent further progression of depressive symptoms and the development of more serious mental health problems,” said researcher Jennifer O’Loughlin, professor at the University of Montreal, in a statement.

Parents’ divorces also have an impact on their adult children, even after they have left home, according to AARP. Parents who “try to resolve the conflict instead of carrying it around like baggage ” teach their children that no relationship is without struggles, says Christine R. Keeports, a Ph.D. psychology student at Northern Illinois University, and “the kids are better off” in their own dealing with conflicts. AARP also interviewed Jenny Kutner, a millennial who has written about being a child of a later-life divorce. She “came to believe that all family members grieve a divorce, even if they don’t show it, and do so differently. …I was not outwardly upset because … I wouldn’t have been able to do my job, which is something as an adult I have to do.”

Kutner also noted that she and her sister unwillingly became “adult confidants” who served as a sounding board for both parents and provided emotional support for them. Instead, the experts advise, parents should do their best to resolve their conflicts by themselves, and make themselves accessible to listen and talk with their kids about the impact of the divorce.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: anger, anxiety, children of divorcing parents, despondency, disruption and upheaval, impact of parents’ divorce on adult children, level of conflict, parents’ relationship, reconcile emotional differences, stress

Divorce in New Hampshire: How to Protect Your Assets

October 13, 2016 By Marianna Barbowski

Man Hand writing Divorce  with black marker on visual screen

In a divorce, money is often a contentious issue. Romance aside, common sense says both spouses should think ahead about how to protect each one’s assets in case of a future divorce. “A prenuptial agreement makes the process more predictable and something akin to an insurance policy for divorce,” advised New Hampshire magazine. “Some people put off a prenuptial agreement because they’re too busy,” or for other reasons, such as a shortsighted reluctance to break the starry-eyed mood.

In the absence of a prenup, when you do decide to divorce, your first and most important step will be to hire an experienced divorce attorney. In most cases, your lawyer can help you avoid litigation by negotiating, mediation, or a collaborative approach that includes protecting each spouse’s own assets.

New Hampshire is an “equitable distribution” state (equitable meaning fair and impartial), like most of the states east of the Mississippi (The western states favor “community property,” where all property is divided 50-50.) Under New Hampshire law, the court regards everything you own as “marital property” that will be divided 50-50. That is the starting point for equitable distribution. A 50-50 split, however, is not always fair. Do you really want to divide the heirloom family silver that you brought into the marriage?

In New Hampshire, property will be divided between divorcing spouses in a way that is equitable. You will have an opportunity to divide your own property during the divorce if you can work with your soon-to-be-ex-spouse and your spouse’s attorney. If that isn’t an option, you and your attorney will be able to explain to the court why an unequal distribution is more equitable.

The court considers a multitude of factors in determining the equitable distribution of your marital property, including the length of the marriage, the value of your joint property, each spouse’s economic status (income disparity), and whether one party is at fault for the divorce .

According to the New Hampshire Bar Association, the state recognizes that certain assets acquired prior to a marriage are not equally divisible at divorce (e.g., the family silver). In a short-term marriage, both spouses will be returned, as nearly as possible, to the same financial position they were in prior to the marriage.

 The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: court, equitable distribution, experienced divorce attorney, mediation, negotiation, prenuptial agreement, rotect your assets, short-term marriage

Grandparent Visitation and New Hampshire Divorce Law

October 10, 2016 By Marianna Barbowski

grandfather holding his grandkids

In some divorces, amidst all the family pain and disruption, one or both spouses may decide to prevent grandparents from seeing their grandchildren, no matter how the children or the grandparents feel about the interrupted relationships. The American Grandparents AssociationTM (AGA), founded by grandparents.com, quoted Richard Kent, author of Solomon’s Choice: A Guide to Custody for Ex-Husbands, Spurned Partners, & Forgotten Grandparents: “The state of grandparents’ rights is terrible. … Even if they had what most people would consider a classic grandparent-grandchild relationship and, let’s say, saw their grandchild every Sunday afternoon … they are treated no differently than strangers.”

Grandparents’ visitation rights have long been a murky area of the law, rarely recognized as deserving of legal protection. Although grandparents’ rights are not considered to be constitutional, in recent years state legislatures have passed statutes that allow court-mandated visitation for grandparents. Courts in every jurisdiction must consider the best interests of the child when granting custody or visitation rights to a grandparent.

Grandparent visitation rights vary from state to state, and New Hampshire is considered to be one of the more restrictive states. In NH, natural and adoptive grandparents can petition the court for “reasonable” visitation with a grandchild when that grandchild’s parents are unmarried, divorced or separated, or when one parent is deceased or has given up or lost parental rights.

Grandparents can petition a court for visitation rights when a child lacks a nuclear family as long as their access to the child hadn’t been restricted earlier. If the parent of the minor child is unwed, then any grandparent filing a petition for visitation must attach proof of legitimation by the parent or establishment of paternity to the petition for visitation. When the grandchild lives in an intact “nuclear” family, and both parents deny access to the child, the grandparents do not have standing to file for visitation.

In New Hampshire, grandparents may sometimes enjoy rights to visitation even over the objection of the parents. Earlier this year, AP reported (Concord Monitor) that the New Hampshire Supreme Court ruled that a couple who sought visitation rights with their grandchildren four years after their son-in-law had died had the right to petition for visitation rights. A lower court had agreed with their daughter’s argument that they had no standing to petition, and the Supreme Court reversed that decision.

“As the number of grandparents serving as the primary caregivers for grandchildren continues to rise, it is likely that New Hampshire will see an increase in grandparent visitation issues in the years to come,” wrote Amy Goodridge in the New Hampshire Bar Association’s Bar News.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: grandparent visitation statute, grandparents’ visitation rights, New Hampshire, parents’ fundamental right, U.S. Constitution

The Order of Protection and Your New Hampshire Divorce

October 6, 2016 By Marianna Barbowski

Young woman crying depression violence

In some difficult divorce cases, you may require legal protection from a violent or abusive spouse or former spouse. Nearly 10 million women and men are physically abused by an intimate partner every year in the U.S., according to the National Coalition Against Domestic Violence.

When you are in danger of abuse, you have a right to a legal order of protection, also known as a protective restraining order. How do you get a legal protective order in New Hampshire? The process of obtaining your restraining order will be a lot less distressing when you have the help and support of an experienced attorney.

According to New Hampshire law (Chapter 173-B. Protection of Persons from Domestic Violence), the definition of abuse is when a family or household member, or current or former sexual or intimate partner commits or tries to commit one of certain crimes against you, and the behavior causes a present threat to the your safety. These crimes include assault, criminal threatening, sexual assault, stalking, kidnapping, destruction or threat of destruction to your property, criminal trespass, burglary, harassment, or cruelty to animals.

To obtain your order of protection from a court, you need to submit a notarized form providing information and describing why you need the order. Three types of protective orders are described by womenslaw.org:

  1. If you are in immediate danger of domestic violence and the court is closed, call or go to the police, who will help you fill out the required forms and telephone a judge, who will issue your temporary (emergency) ex parte protective order. Your temporary order of protection remains in force until the end of the next business day that the court is open.
  1. When you go to court to file for a protective order, if the judge believes there is an immediate, present danger of abuse, you can get a temporary ex parte protective order that will protect you until you have a full hearing.
  1. Your final protection order requires a court hearing, where you and the abuser have a right to be present, and present testimony and evidence. Your attorney will prepare you for your court appearance. The purpose of the hearing is for the court to determine whether family violence has occurred and is likely to occur in the future. It can be frightening or intimidating to go before a court, but you are the one who knows the abuser and the situation best, and your lawyer will walk you through the process. The final order will last one year unless otherwise specified, and can be extended depending upon your circumstances.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: assault, commits a sexual criminal offense, divorce, injures you, iolent abuse, order of protection, physical harm, protective restraining order, rapes you, threatens to harm

High Asset Divorce: Win or Lose?

October 3, 2016 By Marianna Barbowski

high-asset-divorce-win-or-lose

Most divorces are contentious. Divorcing spouses, often extremely hurt, angry, frustrated, and disappointed, want a fast resolution. High asset divorces with millions, even billions, of dollars involved bring layers of added complexity and can ratchet up the drama considerably. In these divorces, even a small financial error can cost either party a significant amount in calculating a settlement. It is critical to hire an experienced attorney to guide you through the negotiations with a strategic approach that will leave you financially secure and satisfied with the resolution of your divorce.

The issue of valuation of assets can also be quite contentious. According to Forbes magazine, in a high asset divorce the spouses’ attorneys can hire a valuation expert, a qualified professional who can accurately determine the worth of a divorcing couple’s assets, such as a privately held company. More specialized experts may be required for handling investments. And what about life insurance? “Many affluent individuals have accumulated significant value in their life insurance without their spouse ever being fully aware, not because they were intentionally misleading, but because it just wasn’t on the radar,” Frank Seneco of Seneco & Associates told Forbes.

An experienced divorce attorney will caution you against errors of judgment that can jeopardize a fair division of assets. These include being in too much of a hurry, to unload your spouse or, in some cases, to be free to marry a new love. You may agree in your haste to terms that will cost you years of financial regret. Don’t cut corners: you’re going to have to live with the results.

Although nothing feels more personal than your divorce, you will benefit from treating it like the division of a business; otherwise, feelings of guilt may make you waive assets that you might have successfully claimed, warns a contributor to CNN iReport. And don’t yield to the temptation to conceal assets, e.g., by assigning them to a cooperative third party. In many cases, one partner controls the family financial situation, while the other is unaware of the details. When this kind of inequality exists in a high net worth divorce, it can be tempting and relatively easy to hide income and assets. Any action you take that is perceived as fraudulent, however, will wreck your credibility in court.

“Lifestyle” is another consideration in a high asset divorce. Especially when one spouse is a high earner and the other is not, “the cost of maintaining a lifestyle is frequently discussed, but often not treated with the gravity and financial acumen it deserves” (Forbes). A fair resolution may require forensic accounting of how and where money was being spent during the marriage.

Of course, the negotiation of your high asset divorce will depend on whether you are in a community property state or not. Most states are community property, meaning that property acquired during the marriage, excepting gifts or inheritances, is owned jointly by both spouses and must be divided into equal halves. If your state is not community property, personal or real property will be divided equitably, and the outcome may be different.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: conceal assets, contentious divorce, divorce drama, don’t cut corners, errors of judgment, experienced attorney, high asset divorce, maintain lifestyle, valuation expert

What Risk Factors Increase the Divorce Rate?

September 30, 2016 By Marianna Barbowski

wedding couple, vector eps 10

When you decide to get married, divorce should be the last thing on your mind. But if you are concerned that your new marriage may someday end in divorce, U.S. divorce statistics have an interesting story to tell. Across all the stats, some conditions emerge that have been shown to influence the success or failure of a marriage. Research published recently by The Witherspoon Institute (thepublicdiscourse.com ) surveys some of the factors that can significantly affect your risk of divorce. Among them:

  1. Where you live makes a difference.

The Huffington Post reported on a recent University of Texas study that found divorce rates are higher in states with more religiously conservative residents, even though their Bible-based cultures discourage divorce. The researchers thought one explanation was that a more religious culture expects people to marry younger and have children earlier, and that can cause hardships that weaken marriages.

  1. The less education, the higher the divorce rate

At nearly 48 percent, the divorce rate is higher among people who don’t finish high school. Graduating high school brings the risk down to 42-43 percent. The lowest rate is among college graduates: only 27 percent will be divorced by middle age. Income is also a factor, often related to education: households with annual incomes of $50,000 or higher enjoy a 30 percent lower risk of divorce.

  1. A mature age at the time of marriage reduces the risk of divorce

Divorce rates are highest among couples in their 20s, and decrease as couples get older. The earliest marriages, before the age of 18, see a 24 percent increase in the risk of divorce. Maturing together helps, too: according to lifesitenews.com, every added year of successful marriage reduces one’s lifetime risk of divorce.

  1. A personal or family history of divorce increases your risk.

If you have already been divorced once, you are at a higher risk of divorce when you marry for a second time. Growing up with parents who have never divorced reduces divorce risk by 14 percent.

  1. Living together first increases your risk of divorce.

You would think that living together before getting married would improve the chances of successful marriage. Not true: according to usattorneylegalservices.com, “A couple who does not live together prior to getting married has a 20 percent chance of being divorced within five years. If the couple has lived together beforehand, that number jumps to 49 percent.”

There are many other factors that can affect the divorce rate, including the choice whether or not to have children.

The seasoned family law and divorce lawyers at the McGrath Law Firm, founded by attorney Peter McGrath, will walk you through every step of the challenging divorce process to address your concerns and achieve your goals as efficiently as possible.  From spousal support, child support, fault, and equitable division of property and debt to valuations, pre-nuptial agreements, and restraining orders, the experienced attorneys at McGrath Law Firm have a successful track record in all aspects of divorce law. Call us to schedule your consultation at (800) 283-1380.

Filed Under: Legal Updates Tagged With: age, cohabitation, divorce statistics, income, level of education, maturity, prior divorce, Risk of divorce, where you live, whether to have children

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