The Law Office of Steven C. GirskyFindLaw IM Template2024-03-08T22:44:55Zhttps://www.queencitylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100401/2019/06/cropped-site-identity-32x32.jpgOn Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518912024-03-08T22:44:55Z2024-03-08T22:44:55Z1. Keep your inheritance separate
One of the most effective ways to protect your inheritance is to keep it separate from marital assets. This means avoiding commingling your inherited funds with joint bank accounts or using them to purchase shared property. By maintaining a clear separation, you can demonstrate that the inheritance is individually owned and should not be subject to division during a divorce.
2. Document the source of the funds
Proper documentation is beneficial when it comes to protecting your inheritance. Keep detailed records of when you received the inheritance, the amount and the source of the funds. This documentation can serve as evidence that you received the assets outside of the marriage and they should remain separate property.
3. Consider a postnuptial agreement
If you receive an inheritance during your marriage and want to ensure its protection, consider creating a postnuptial agreement. This legal document, signed by both spouses, can outline the handling of inherited assets in the event of a divorce.
Remember, every financial situation is unique. Exploring your options will help you make an informed decision about the best solution for your specific circumstances. Protecting an inheritance during a divorce is an important consideration for many individuals. Preserving your inheritance can protect you from significant financial struggles as you transition to a single-income household.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518892024-03-02T18:20:12Z2024-03-02T18:20:12ZUnderstand costs and budget accordingly
Begin by researching the expenses associated with adoption. Adoption expenses can vary, including application fees, home study costs and agency fees. Knowing what to expect financially will help you plan effectively. Develop a comprehensive budget that includes both your regular expenses and anticipated adoption costs. Having a clear overview of your financial situation will guide your decisions and help you allocate funds for the adoption process.
Save money, reduce spending and research assistance
Start saving early for adoption expenses. Evaluate your current spending habits and identify areas where you can cut back. Redirecting these funds towards your adoption savings can make a significant difference. In addition to making budget changes, look into adoption grants and other assistance programs. Some organizations offer grants to help alleviate adoption costs. Researching and applying for such opportunities can provide valuable financial support. It is also smart to investigate whether your employer offers adoption benefits. Some companies provide financial assistance or paid leave for employees who are adopting.
Increase your emergency fund
Build or bolster your emergency fund. Unexpected expenses can arise during the adoption process, and having a financial safety net can help you navigate any unforeseen challenges without jeopardizing your overall adoption plan.
The path toward adopting a child is a rewarding journey, but being financially prepared ensures you can embark on this fulfilling adventure with confidence.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518872024-02-21T03:57:47Z2024-02-27T03:57:40ZIncompatibility and personal growth
One of the most common reasons cited for gray divorce is that spouses grow apart after years of marriage. Priorities change, interests diverge or affection fades over time. Spouses may feel they neglected their own personal development while raising kids or due to outdated gender roles. Now entering their 50s or 60s, they seek meaning, self-fulfillment, excitement, intellectual challenge and emotional connection in new relationships and experiences.
External stressors
Gray divorce can also result from major life changes that surface in later years. Children growing up and leaving home, retirement, declining health and decreased incomes from retirement can all amplify marital problems that had previously gone unaddressed. These disruptions lead spouses to reevaluate their lives and realize the marriage no longer satisfies their needs.
Longevity
Thanks to medical advances, adults are living much longer lives than previous generations. The average life expectancy for women in the US is 79.1 years and 73.5 years for men. With so many productive years ahead, some baby boomers are questioning if they want to stay in unsatisfying marriages.
Whether due to feeling they missed out on experiences when they were younger or a new sense of confidence and freedom, gray divorcées are ready to pursue new relationships, second careers, travel adventures and other goals with their bonus years. The unexpected chance for self-rediscovery and fresh starts leads many to split from longtime spouses in hopes of finally living life on their own terms.
While gray divorce brings challenges much like any divorce, it also represents people seeking more compatible matches and more personally fulfilling relationships in the latter stages of life.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518852024-01-09T18:55:07Z2024-01-09T18:55:07ZAcknowledge the impact of addiction
The first step in addressing your spouse's desire for divorce is recognizing the profound impact addiction can have on a relationship. Experts assert that there is a definite connection between addiction and divorce. Addiction can strain trust, communication and emotional well-being. Understanding the gravity of the situation is essential for both partners.
Seek professional help for addiction
Taking proactive steps to address your addiction is important for your health and relationship. Seeking professional help, such as counseling or rehabilitation programs, can provide the necessary support for overcoming substance abuse issues. This not only demonstrates a commitment to personal growth but also signals a genuine effort to salvage the marriage.
Prioritize emotional support
The journey to recovery can be arduous, but emotional support from both partners can make all the difference. Encourage your spouse to express their feelings and concerns while demonstrating your dedication to rebuilding trust. By prioritizing emotional well-being, you create a foundation for healing and growth.
Facing a spouse's desire for divorce due to addiction is not easy by any means. It requires you to address the root of the issue if you wish to work toward a healthier life and a stronger marriage.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518822024-01-02T21:22:30Z2024-01-02T21:22:30ZUnderstanding military regulations
Military divorces involve adherence to specific regulations that may differ from civilian divorces. Being familiar with these regulations is hardly optional. For instance, the Uniformed Services Former Spouses' Protection Act addresses issues such as the division of military pensions, which is a necessary matter to consider during divorce proceedings.
Deployment considerations
Military service often involves deployments, which can complicate divorce proceedings. Be sure to plan for potential challenges related to custody, visitation and communication during deployment periods. Establishing clear guidelines and agreements beforehand can help mitigate these challenges.
Residency and filing location
Determining the appropriate location to file for divorce is crucial. Military members may have different residency requirements than civilians. The choice of jurisdiction can significantly impact the outcome of the divorce. Understanding the residency rules and choosing the right filing location is a key consideration.
Child custody and support
Navigating child custody and support matters in a military divorce requires careful attention. Frequent relocations, deployments and the unique demands of military service can influence custody arrangements. The top priority should always be to preserve the best interests of the child.
Division of assets and benefits
Military divorces involve the division of assets and benefits, including pensions, healthcare and other entitlements. Understanding how you will divide these benefits will make things easier for both parties. Factors such as the length of the marriage and the overlap with military service can impact the distribution of these assets.
Statistics place the divorce rate for military couples at an estimated 3%. With this rate being higher than that of many other professions, it is important for military families to consider the possible difficulties of a military divorce even if a separation is not on the table.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518802023-12-27T19:45:02Z2023-12-27T19:45:02ZFiling status
The marital status as of December 31 of the tax year determines whether individuals can file as married or single. If a couple finalizes their divorce by the end of the year, they typically will file as single or head of household. However, if the divorce is still pending, they can file jointly or married filing separately.
Dependents
Claiming dependents is another aspect influenced by divorce. Typically, the custodial parent claims the child as a dependent for tax purposes. The custodial parent may also claim tax credits and deductions related to the child, such as the Child Tax Credit and the Earned Income Tax Credit. However, most divorce agreements will specifically address who gets to claim the children each tax year.
Assets
The transfer of assets between spouses in divorce is generally tax-free. However, when selling assets as part of the divorce settlement, capital gains taxes may apply. There is an exclusion for the sale of the marital home under certain conditions. However, retirement accounts are not immune to the tax consequences of divorce unless there is a Qualified Domestic Relations Order.
Divorce introduces significant changes to one's financial landscape, and understanding the tax implications is important. Taking the time to comprehend the changes helps individuals make informed decisions and plan properly.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518782023-12-13T22:44:29Z2023-12-13T22:44:29ZMaintain open communication
Keep the lines of communication open with your children. Encourage them to express their feelings and thoughts about the divorce. Listen to them without judgment and reassure them of your love and support. This fosters a sense of trust and honesty, which are core family values.
Model respectful behavior
Show respect towards your ex-partner, especially in front of the children. Avoid negative talk about the other parent, as this can create confusion and conflict in your child’s values. Respectful co-parenting demonstrates to children the importance of respect in relationships, even when they change.
Consistency in parenting
Strive for consistency in parenting and household rules between both homes. This consistency provides stability and a sense of security for your children, reinforcing the value of reliability and structure in their lives.
Emphasize the importance of family
Highlight the importance of family by spending quality time together. Engage in activities that promote togetherness, understanding and love. This helps children understand that although the family structure might change, the bond and importance of family remain.
Remember, your children look up to you for guidance and support. By upholding these values yourself, you set a powerful example for them to follow. Divorce might change many things, but it does not have to change the core values that hold your family together.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518762023-10-30T19:27:13Z2023-10-30T19:26:58ZUnderstanding the root causes
When a child refuses visitation with one parent, it is essential to delve into the reasons behind their reluctance. Understanding the root causes can be the first step toward resolution. Some common reasons for this refusal may include ongoing conflict or tension between the parents, parental alienation or the child's fears, anxieties or concerns related to visitation.
Communication and support
Effective communication between both parents is essential in these situations. While it may be challenging, parents must strive to put aside their differences and work together in the child's best interests. Open, honest and empathetic discussions can help identify the causes of the refusal and find potential solutions.
Professional support may also be necessary. Family therapists or counselors can help the child express their feelings and fears, providing a safe environment for the child to talk about their concerns. These professionals can also work with the parents to address their issues constructively and collaboratively.
Court intervention
If all efforts to resolve the issue amicably fail, court intervention may be necessary. Courts aim to make decisions that serve the child's best interests. They may appoint a guardian ad litem to represent the child's interests or order custody evaluations to better understand the child's situation.
Both parents should cooperate with the court's recommendations and orders. Disobeying court orders can result in legal consequences and may further harm the child.
Gradual reintegration
Sometimes, a child's resistance is a temporary phase. Gradual reintegration can be a useful approach. This involves gradually increasing the duration and frequency of visitation, giving the child time to adapt and feel more comfortable.
Emphasizing the child's well-being
Throughout the process, it is paramount to prioritize the child's well-being. Avoid making the child feel guilty or pressured. Instead, offer support, understanding and reassurance.
Remember that every child's situation is unique, and there is no one-size-fits-all solution. Ultimately, the child's well-being and best interests should remain the central concern for both parents.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518462023-10-05T21:46:59Z2023-10-05T21:46:59Z1. Duress or coercion
One significant reason a prenup may be invalid is if one party signed it under duress or coercion. Duress refers to a situation where one spouse may have used pressure or force to get the other to sign the agreement against their will.
Three to six months before the date of the wedding is a good timeframe to minimize the chances of one person feeling the need to sign as quickly as possible. Even a month or two before the wedding often does not mean adequate time.
Coercion involves threats or intimidation leading to the signing of the prenup. For a prenup to be valid, both parties must enter into the agreement willingly and without undue influence.
2. Lack of full disclosure
Transparency helps create a valid prenuptial agreement. If one party fails to disclose all their assets, debts or financial information to the other, the agreement may be invalid. A prenup is only fair and legally binding when both parties have a clear understanding of each other's financial circumstances.
3. Unconscionability
An unconscionable prenuptial agreement is one that is fundamentally unfair or one-sided. If the terms of the agreement heavily favor one party and leave the other party with inadequate financial support or protection, a court may declare it invalid. Courts typically aim to ensure that prenups are equitable and do not exploit one spouse's vulnerability.
4. Invalid provisions
Certain provisions within a prenuptial agreement may render the entire document invalid. For example, if a prenup includes clauses that pertain to child custody or support, these sections may be unenforceable. Prenuptial agreements should focus solely on financial matters and not interfere with issues related to children.
5. Lack of legal formalities
Prenups must meet specific legal formalities. These include the requirement for both parties to have independent legal counsel and sufficient time to review and consider the agreement before signing. If the parties do not meet these formalities, the prenup may be invalid.
Similarly, verbal agreements are generally insufficient when it comes to prenuptial agreements. Prenups must be in writing and signed by both parties to be legally binding. Courts typically do not recognize a verbal prenuptial agreement, even if witnessed by others.]]>On Behalf of The Law Office of Steven C. Girskyhttps://www.queencitylaw.com/?p=518432023-09-18T20:13:51Z2023-09-18T20:13:51ZDuring the divorce
During the divorce proceedings, the non-military spouse's military ID card typically remains valid. This card grants access to various military facilities and benefits, ensuring that the non-military spouse can continue to use these services throughout the divorce. However, this is not a guarantee. The commanding officer may revoke these privileges if they deem it necessary.
After the divorce
After the finalization of the divorce, the fate of the military ID card can vary based on several factors.
20/20/20 rule: If the marriage lasted for at least 20 years, the non-military spouse can retain their military ID card, along with access to military healthcare, commissaries, and exchanges. This rule applies even if the non-military spouse remarries or divorces again.
20/20/15 rule: If the marriage lasted for at least 20 years, but less than 20 years of service, and there is a 15-year overlap between the marriage and military service, the non-military spouse can keep their ID card for one year after the divorce.
10-year rule: If the marriage lasted for at least 10 years, but there is less than a 10-year overlap with the military service, the non-military spouse generally loses their ID card and related benefits immediately upon divorce.
Divorce agreement: Sometimes, the divorce agreement may stipulate specific conditions regarding the military ID card's retention. Both parties can negotiate these terms as part of the divorce settlement.
Approximately 690,000 divorces happen every year. For military members, it often comes with additional considerations.]]>