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Division of Property, Valuation, and Fraud

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Couple fight over a house.Concept of lives breaking upIn your divorce process in the majority of states in the U.S., your marital property and debt will be valued and divided “equitably” according to several circumstantial factors. You need an experienced family law attorney to ensure your marital property is divided fairly. The division of property can be tricky, however. Some divorcing spouses may attempt to hide assets or conceal their true value, in an attempt not to share them with the soon-to-be-ex-spouse.

To determine a fair division, you will need to know the correct value of your assets. It’s important to keep good records so that you have an idea of the complete list of all property. Your attorney will help you compile a list of property types some people may forget to list.

Unfortunately, according to Forbes, ‘Husbands hide assets (or at least, try to hide assets) much more frequently than most wives expect.” In one case, a divorcing New York business owner’s business partners got in trouble along with him, because they contributed to defrauding his wife by undervaluing the husband’s share in the cash-based business. The ex-wife of former Apple CEO John Sculley sued him two years after their divorce for failing to “fully and honestly disclose his assets … [including] substantial private equity investments and investments in privately held companies and ventures around the globe.”

Forbes contributor Jeff Landers warns that spouses married to a person who will lie, cheat and steal in the divorce are often too embarrassed to report it, and may settle for less than may be their equitable share. He offers some red flags that might indicate a spouse is hiding assets, such as when the individual:

  • Is secretive, and maintains complete control of bank information and online passwords.
  • Has a separate P.O. box for account statements and bills.
  • Deletes personal financial programs such as Quicken from his computer, or removes the hard drive, and says the computer containing financial records has “crashed.”
  • Insists on urgent speed in your signing important financial documents.
  • Reports a dramatic decrease in value of marital and/or business investments.
  • Opens multiple business or personal bank accounts without obvious reasons for having that many.
  • Sells asset sales to friends or relative for less than fair market value, with the intent of reversing the sale after the divorce is finalized.

The same advice goes in any of the above cases: tell your lawyer.

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, annulments, 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.

Child Custody and the Guardian ad Litem

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Child custody loss concept as a traffic sign with a father and two of his missing children as a family law symbol of social issues caused by divorce and separation.The U.S. has laws designed to protect children, who are presumed to lack well-formed judgment. In divorce cases that go to court, a parent cannot represent a child’s interests, and a parent’s interests may even conflict with the best interests of the child. In these cases the court will appoint a “guardian ad litem”(GAL) to act in the child’s best interests during the trial and provide reasoned advice from an independent individual who does not owe allegiance to either party. (Ad litem is a Latin term meaning “for the lawsuit.”)

Some states require that GALs be attorneys; in other states, lay people are eligible to volunteer as GALs, subject to GAL training and certification. Note: a GAL is appointed solely for the court proceedings, and is not a “guardian” appointed to manage a child’s interests in general. The appointed GAL participates, as appropriate, in pre-trial conferences, mediation and negotiations. The guardian has authority to conduct an independent investigation to ascertain the facts of the case, to investigate the child’s family background, and to meet and interview the child and the parents face-to-face. In court, GALs can cross-examine witnesses called by the parents’ attorneys and can call their own witnesses.

Other GAL duties may include:

  • Advising the child, in terms the child can understand, of the nature of the court process, the child’s rights, the role of the GAL, and the potential outcome of the legal action.
  • File appropriate petitions, motions, pleadings, briefs, and appeals on behalf of the child and ensure the child is represented by a guardian ad litem in any appeal
  • Advise the child, in terms the child can understand, of the court’s decision and its consequences for the child and others in the child’s life.

 

In some states, GALs make recommendations to the judge as to how they think child custody should be decided in the child’s best interests—not necessarily according to what the child prefers, if he or she is old enough to have an opinion. Usually the child does not appear in court, but if the child is to testify, the GAL will help prepare the child when necessary and appropriate.

There is no attorney client privilege between the GAL and the parent, so nothing that is said is privileged and it can be shared.

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, annulments, 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.

 

Media Sees Divorce as Entertainment & Humor

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Couple fight with a woman screaming

The new HBO show “Divorce,” starring Sarah Jessica Parker, is a half-hour comedy. Dramas about divorce have a long history in film and television: think “Kramer vs. Kramer,” “Scenes From A Marriage”, and “An Unmarried Woman.” Audiences have a huge appetite for drama, and divorce stories provide plenty of it. As novelist Leo Tolstoy remarked, “All happy families are alike; each unhappy family is unhappy in its own way.” As any family law attorney will tell you, every divorce is different.

But a comedy? “What’s so funny about divorce?” asks the Los Angeles Times. “Marital strife, and infidelity in particular, are practically required of TV dramas aspiring to the “prestige” label,” comments the reviewer. “But making a half-hour comedy charting a breakup over potentially many seasons represents a number of unique creative challenges—not the least of which is how to find the humor in subjects as grim as alimony and custody disputes.”

To which one might answer, have you never heard a single joke about divorce? Poking fun at marriage, marital strife, infidelity and break-ups is a time-honored source of humor in American culture. The divorce jokes may be disconcerting, even bitter, but they elicit willing or unwilling   laughter. Google “divorce humor” and you will see countless websites devoted to divorce jokes.

Some divorce mediators maintain that natural, unforced humor or funny stories are keys to relieving stressful emotions and reminding divorcing spouses of their shared humanity, easing the negotiation process. Humor is a powerful tool for managing conflict and reducing tension when emotions are running high. It facilitates communication, and creates a sense of connection that can help people, even divorcing spouses, get past conflicts and take a different view of matters.

A TV comedy about divorce could even help viewers in their own, real situations. “There was a time when we talked about normal lives, and we found all sorts of virtue in those stories,” Parker, who is also an executive producer on “Divorce,” told the L.A. Times. “I was really curious about exploring marriage and everything that meant, … looking for something that was neither fish nor fowl, that sat in a world between comedy and drama. … It was incumbent upon us to find the humor.”

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.

Women, Divorce and Insurance

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Worn out woman accounting

Women who are going through financially complex divorces are often in states of emotional distress and confusion about what the future may hold. If you are getting divorced from your spouse, you need to be sure to consult your attorney and the financial advisers who are working on your behalf. Your insurance policies are probably not uppermost in your mind. Your advisors will remind you, however, that insurance coverage for yourself and your children, if you have any, should not be overlooked in the final divorce agreement. It can be financially significant.

  • You can stay on your ex-husband’s health insurance using COBRA coverage, but COBRA lasts only 36 months. It’s a good idea to buy your own health insurance before it runs out.
  • If your ex is the higher earner and paying alimony and child support, these payments will end with his death. You would be wise to buy a life insurance policy on him in order to secure this important income. According to an adviser writing in Forbes, “If your husband refuses to cooperate in getting the required medical exam or if he is uninsurable due to health or other reasons, you need to know this before the divorce is finalized, so you can find an alternate way of securing your divorce settlement payments.”
  • Your ex’s social security is a form of insurance, and you can receive half of the payments if you are older than 62 and were married for more than 10 years. If your ex predeceases you, you are eligible for the entire benefit, as well as any of his children under the age of 18.
  • It’s a good idea for you to purchase disability insurance in case you become unable to work (or your ex, if you are relying on him for support). “If you are relying on employment income for yourself, or your ex-spouse for maintenance and/or child support, a disability policy can be essential should an employment income source no longer be available due to disability,” advises the Association of Divorce Financial Planners.
  • After one spouse moves out of the joint residence, that person is no longer covered for liability by her former homeowner’s or renter’s insurance. Be sure you are the “Named Insured,” and if you are not, you need to ensure that you are covered. When you purchase your own policy, you can reduce the cost by buying “replacement cost coverage” or increasing the amount of your deductible.
  • When you divorce, your vehicle is no longer covered by your ex’s car insurance. Be sure you have your own coverage. Women who have relied on their exes for taking care of their vehicle may want to be sure to purchase insurance for towing and roadside assistance.

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

The Order of Protection and Your New Hampshire Divorce

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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.