divorce negotiations

When It Comes to Splitting Assets in A Divorce, More Is Not Necessarily Better

July 1, 2023 | Kearns Rotolo Law

Divorce is a highly emotional process, and it is safe to say couples sometimes let these emotions guide their decision making. There are certain aspects of divorce, however, that are better handled with a clear head, namely decisions affecting your children and your future finances.

One of the most contentious steps in a divorce is deciding on the distribution of assets. When you are making demands based on anger and hurt, it is nearly impossible to reach a fair and equitable agreement. But for your own long-term well-being, and possibly that of your children, now is the time to consider the implications that taking or giving up certain assets may have on your financial future. For an understanding of the different types of assets you may have, as well as their costs and associated taxes, read “What you need to know about splitting assets in a divorce.”

Fair Settlement or Financial Fraud? Know the Signs

July 1, 2022 | Kearns Rotolo Law

Whether negotiating a divorce settlement in your lawyer’s office or going through divorce proceedings in court, arriving at a fair financial arrangement can be difficult. That’s largely because there are so many variables to consider when putting a value on what each spouse contributed to the marriage, which can lead to conflicting opinions as to what each spouse is entitled to.

Still there is a difference between feeling you were treated unfairly in your divorce and being a victim of financial fraud. How can you tell? A recent article in Forbes, “Red Flags of Financial Fraud in Divorce – And What To Do About Them,” highlights signs to watch for and what you can do to protect your interests.

Looking Ahead Can Help You Avoid Some Common Financial Mistakes When Divorcing

December 1, 2021 | Kearns Rotolo Law

When going through a divorce, couples can let emotions drive their decision-making process, especially when it comes to such issues as divvying up their assets. The more contentious the divorce, the more likely the scenario of a spouse fighting for assets simply to keep them out of the hands of their soon-to-be-ex.

Cutting through the emotions associated with divorce and looking ahead at the realities of their financial situation can help couples avoid long-term mistakes. To learn about some of the more common financial mistakes divorcing couples make read, “5 Money Mistakes to Avoid When Going Through a Divorce.”

Understanding Child Support

August 2, 2021 | Kearns Rotolo Law

When parents are seeking a divorce, some of the biggest issues they will need to resolve involve their children, specifically custody arrangements and child support.

On the most basic level, child support is intended to cover the essential, daily needs of the children: food, clothing, and shelter. But support payments can also extend to cover additional expenses, including those related to education, healthcare, employment-related childcare, and extra-curricular activities. These additional expenses can often be a source of conflict between divorcing parties. If the parents cannot come to an agreement on how to divide these expenses, the court will intervene.

To prepare yourself to negotiate an equitable child support agreement or to better understand the court’s ruling, read “The Ultimate Guide to Child Support.”

Why Rushing Your Divorce Is Never A Good Idea

July 1, 2021 | Kearns Rotolo Law

For most couples, divorce isn’t a decision arrived at overnight. Usually, the decision to divorce comes after long periods of living with irreconcilable differences and numerous attempts to resolve conflicts. It is understandable then why, once the decision to divorce is finally reached, couples just want it to be over with so they can get on with their lives. Rushing through the divorce process, however, can be a bad idea.

No matter the reasons behind a couple’s decision, divorce can be a very emotional process. Those emotions can hamper a couple’s ability to make good, sound decisions. Agreeing to something for the sake of getting the divorce over with can negatively impact life post-divorce. To learn more about why rushing through a divorce is never a good idea, read “How Long Will My Divorce Take?”

Is There A ‘Best’ Time to Divorce?

November 1, 2020 | Kearns Rotolo Law

A lot of questions come into play when you are contemplating a divorce. Many of those questions depend on where you are in life now. Have you and your spouse considered all your options? Are there children involved? What are their ages? Where do you stand in your career? Are you looking to change paths? Retire? The answer to any of these questions may sway your decision.

Taking steps to end a marriage you thought would last a lifetime is never easy, but is there any one time that is better than another for coming to this decision — an age at which it would be easier to recover? Read “What Is the Best Age to Get A Divorce?” to see how some experts weigh in.

Is the Marital House Worth Fighting For?

February 1, 2020 | Kearns Rotolo Law

The distribution of assets is one of the biggest hurdles, after matters pertaining to children, that a divorcing couple faces. While it may be easy to assign ownership to certain assets, big-ticket items like the family home are a different story. Some couples just want a clean break. They sell the house, split the proceeds and move on. For others, it is not that simple.

There are a number of reasons someone would want to keep the house following divorce, the main one having to do with not uprooting the children. Another reason is not wanting the added challenge of adjusting to a new home, with or without children. Whatever your reason, once you decide you want the house, the next step is to figure out how to make this happen — buy out your ex, take out a loan, swap another asset for the ex’s share of the house. For a guideline on what to consider before fighting for the house, read “Follow These Steps To Keep The House After Divorce” and make sure you can afford it.

Helping Children Cope With Divorce

September 1, 2019 | Kearns Rotolo Law

Divorce is an emotional, complex process and it can be painful for everyone involved – especially the children. While parents are busy hashing out the terms of their divorce, including finances, asset distribution and custody arrangements, the children are left to deal with a lot of uncertainties as they watch their lives spin out of control.

The husband/wife relationship may be ending, but the parent/child relationship remains intact – and no parent likes to see his or her child suffer. It’s important for both parents to take the time to make the divorce process less traumatic for their children. The article, “33 Important Ways to Prepare Your Child for Divorce,” offers some practical advice for doing this.

Preparing for That Initial Meeting with Your Divorce Attorney

January 1, 2019 | Kearns Rotolo Law

For many people, the decision to divorce comes after months or even years of assessing their situation and giving careful consideration to all other options. But, no matter how long you have lived with the possibility of divorce, taking that first step to end your marriage is very emotional. Emotions can easily cloud your judgment and prevent you from thinking clearly so, before you meet with your divorce attorney for the very first time, it pays to be prepared.

In order for a divorce attorney to successfully defend your rights in a divorce, he or she must be aware of the facts relating to your situation and have a clear understanding of the marital assets and debts involved. Providing your attorney access to this information from the start can help you avoid delays in your divorce proceedings. For an idea of what kind of documentation would be helpful, read “What To Bring To Your First Appointment.”

Why Refinancing Your Home After Divorce Might Be A Smart Decision

January 1, 2018 | Kearns Rotolo Law

Negotiations have ended, your divorce is final and your ex gets the house. It’s over . . . or is it?

Couples often make the mistake of assuming that if the marital home is awarded to one spouse in the divorce negotiations, the other spouse no longer has any obligations regarding mortgage payments. That’s not quite true. Removing a name from the title and the mortgage are two different things. And as long as both names remain on the mortgage, both spouses are responsible for meeting the obligation. Rarely can one person simply assume a joint mortgage. The best solution would be to refinance the mortgage in one spouse’s name.

There are several other reasons refinancing your home after divorce could be beneficial. To learn more, read “Til The House Do Us Part: The Top Five Reasons To Refinance After Divorce.”