It is hard to overestimate the importance of preparation in divorce proceedings. If you are contemplating divorce, having a good understanding of your finances, credit rating and having copies of all of your important documents can give you a significant advantage at the outset. A divorce attorney can provide guidance for preparing your assets before filing for divorce. Additionally, a family therapist can help prepare children for the inevitable trauma involved in separating your family. For a list of important considerations for those contemplating divorce, read “A dozen things to think about before filing for divorce, ” posted by Alan Nye.

The promising trend of cooperation in the divorce and family law professions has generated creative solutions to support issues. Many parties reach alternate support agreements in order to better accommodate their particular parenting schedule or in an attempt to be more flexible. Lee Borden has posted an article entitled “Lets do this instead of child support,” which illustrates some of the advantages to using statutory child support guidelines.

Recent tax code changes may affect a parent’s ability to claim a child as a dependent for exemption purposes. The changes in the tax code attempt to account for the changing modern family structure. Consequently, the changes may impact recently divorced parents, especially those with children who spend substantial time with each parent or other family members. Bankrate.com has posted this article describing the recent changes. Thanks to Mark Jakubik of Pennsylvania Family Law Blog for finding this article.

The concept of electronic visitation is but one sign that every aspect of modern life is becoming high-tech. Electronic visitation, in ts broadest sense, involves any communication by electronic means, including email, text and instant messaging and video conferencing. Advocates are quick to emphasize that so-called virtual visitation is not intended to replace actual in-person visits between parent and child. However, several states are considering laws that would incorporate electronic visitation into parenting agreements in cases involving custody or visitation. Similarly, some states are requiring that restrictions on in-person visitation, including supervision requirements, also apply to electronic visitation. As communications technology progresses, the distance between parents and children will continue to shrink. Hopefully, this will help mitigate the alienation of parents and children in divorcing families.

In Kentucky a spouse can get a divorce without proving any specific conduct by the other spouse. This is termed no-fault divorce. An artifact of the 1917 Russian revolution, no-fault divorce sets basic requirements for dissolving a marriage. In Kentucky, so long as the couple lives ’separately’ for a requisite amount of time, a spouse can ask for a divorce by simply stating that the marriage is irretrievably broken. This is a crushing fact to many spouses who are surprised to find themselves at the receiving end of a divorce petition.

The relative ease with which a divorce can be obtained is unfathomable to some. Ultimately, spouses who believe that they can stop a divorce put themselves at a tremendous disadvantage in divorce proceedings. Quite simply, you cannot keep your spouse from divorcing you. It is certainly possible to drag out the process -costing everyone time, money and causing much greater emotional damage. But the divorce will eventually occur. I do not mean to downplay a spouse’s attempts to save their marriage. But it is important to realize that if reconciliation attempts fail, a divorce will be granted to the petitioning spouse.

I have watched far too many people get taken advantage of while they struggle to come to terms with this brutal fact. Spouses are often tricked into leaving the marital residence under the pretense of giving each other space, only to be served with divorce papers after moving out. The adage “hope for the best, prepare for the worst” seems quite appropriate. While it is crucial to fight for your relationship, it is equally important to protect yourself and your legal rights.

Barrow & Weigel is proud to announce our new Blog. We understand that family law cases are among the most stressfull occurrences in our clients’ lives. With this blog, we will strive to provide helpful information for understanding and coping with the frustrating world of divorce and custody disputes.