When it comes to divorce, there’s almost always at least one party who thinks they got the ugly end of the judgment.

This leads some people to ask for a do-over.

A reader named Phil says he has a friend who went through the process of appealing a divorce judgment, and he is interested in what the process entails.

The first thing someone seeking an appeal will have to do is find a lawyer experienced in the State Court of Appeals when it comes to divorce – no easy task.

Even some of the best known and experienced family law lawyers don’t do appeals but instead refer clients to a handful of West Michigan attorneys, including George Perrett who practices in the Kalamazoo suburb of Parchment.

Read more : MLive

Text messages are already an integral part of our society so it makes sense that they become important in divorce proceedings. According to a recent study from the American Academy of Matrimonial Lawyers, text messaging was one of the top three most common forms of electronic evidence.

If you suspect your spouse is cheating, what better way to find out than through his inbox? To do so, you can either read directly off the cell phone while your spouse is distracted or by removing them from the phone.

However, before you snoop, keep in mind, going through someone else’s cell phone is illegal in some states and the information you find may be made inadmissible in court so make sure to act on reasonable suspicion.

But cell phone companies don’t store messages anymore than a guilty spouse would.

Mark Siegel, the executive director of media and industry analyst relations for AT&T Wireless said that he knows of no way to save a text message, other than just not deleting it from the phone. He said AT&T stores text messages for 48 hours to ensure they are delivered, and then deletes them.

Verizon Wireless spokesperson, Deborah Lewis, says her company does not keep text messages on their servers for any length of time but if there are retrievable messages, a subpoena is required to obtain copies.

John Simek, vice president of Sensei Enterprises Inc., a Virginia computer forensics company, says the best chance at getting any text information if through searching the handset. If the messages are deleted, professionals may be called in.

If someone deletes their text messages, a company such as his own can try to retrieve the messages using several programs, such as Sim Card Seizure, Paraben Device Seizure, or BitPim. His company has seen an increase in requests to text messages

When the company gains access to the text messages, it can save them for the client, and then testify in court for the messages’ information, mollifying the worry over inadmissibility.

For more information, check out: divorce 360

Divorce usually the largest single financial transaction of people’s lives. The following tips offer assistance on how to go about it in the most effective and non-debilitating manner though the most helpful tip is obtaining a divorce lawyer.

1. Cancel ALL joint credit cards

Even if a court rules that you aren’t responsible for charges made by your spouse after you separate, the credit card company can hold you responsible while things are sorted. Better safe than sorry, they say.

2. Use joint funds to pay family expenses

Begin your divorce with these expenses already paid, rather than arguing with your spouse about who should pay them later. This includes automobile repair, clothing, and home necessities.

3. Start what you wish to continue

Judges usually enforce the status quo, so go wild: get braces for the kids, go to school, or receive medical treatments.

4. Open a personal post office box

Confidential information can be sent to you there, and it provides a stable mailing address as your life changes.

5. Open up a separate bank account. 

Accumulate money so you can get through the divorce. However, you are required to eventually tell your soon-to-be ex-spouse about the funds.

6. Apply for credit cards in your own name. 

These cards allow you to establish credit in your own name, to use when you cancel your joint accounts, and during the divorce.

7. For fast cash, borrow from parents, a credit union, or your 401 (k) 

The cost of these sources anvil credit card interest rates

8. Copy ALL papers that do with money now so you won’t have to subpoena them later.

This includes all tax returns, loan applications, wills, trusts, financial statements, banking information, loan documents, credit card statements, deeds to real property, car registration, insurance inventories, and all insurance policies.

9. Gather financial information

Even if you are unsure of divorce, knowing your finances will make you a better partner if the two of you stay together, and will help you get the best settlement possible if you don’t.

10. Copy records that you can use to trace your separate property, such as an inheritance.

If you can document them, the assets remain yours.

For more information, check out: divorce 360

New Yorkers are marrying at a later age, and with later marriages, those who choose divorce are splitting up at a later age. A late-life divorce certainly involves different considerations. For example, you may not have to deal with issues of child custody or visitation as your children may now be legal adults no longer living with you. Though children might not be involved, it doesn’t necessarily mean that late-life divorce is easy.

According to a recent U.S. Census report, less first-time married couples are lasting until their 25^th (or later) anniversaries. Many couples choose divorce later on because they realize they want to make the most out of their life, and know that their relationship is no longer satisfying for them.

Getting divorced, however, brings new considerations. A couple’s investments and assets have lasted longer, and must be divided. A couple will have more homes or businesses that need to be fairly divided. New York courts, being in a state of equitable distribution of assets, will likely split these assets even if one spouse invested more of their own money. New York spouses also have the right to claim a share of pensions, 401(k) accounts and individual retirement accounts even if they are under the name of one spouse.

Another consideration of a late-life divorce is the fact that you are either already retired or close to retiring. You likely do not have the same regular income as you did in the past, so your divorce settlement is key to protecting your future finances.

Source: Wall Street Journal

If you are divorcing in New York, the court considers several factors when determining which spouse receives and pays alimony. The court will be considering the individual earnings and sources of income of both you and your spouse. Courts also consider which parent has spent more time taking care of the children and whether or not there was domestic violence, among other factors. The court also considers who will be raising the child post-divorce and how the divorce will affect that parent’s ability to financially support the child.

Whether or not you will have to make alimony payments does largely rest on your job, and this has resulted in a trend in alimony payments. Today, more and more women are earning more money than their husbands, making them more likely to be the one paying alimony. This may be because more women are getting higher paid jobs or because with the nation’s weak economy more men are losing their jobs, making their wives the breadwinners.

Source: News Junky Journal

Though some may be opposed to the idea of getting a prenuptial agreement, prenups have been making headlines recently in New York. While ultimately the choice is up to you and your future spouse, experts have been chiming in with how they feel about prenups.

According to an article in the Queens Courier, New York prenuptial agreements can play a key role in helping you protect your estate. A prenup protects a spouse in the unfortunate cases of divorce or death.

A surviving spouse, for example, can get the right to a share of the estate of the deceased spouse through a prenuptial or marital agreement. The agreement can waive conditions and directions under the deceased’s will.

Prenuptial agreements are also recommended in cases of second marriage when one or both parties has children. An agreement can ensure that your child has a share of assets. The passing of property in the case of death becomes more clear.

Once you have decided on getting a prenup, make sure it is valid. How do you do this? The key is having an agreement that is clear and well-read and agreed upon. Make sure the agreement is in writing. Both parties have to read, consider and sign the agreement without pressure. It is also important that both parties have independent attorneys to protect individual interests. And certainly, the information in the agreement, including financial information, must be accurate and valid.

If you change your name after getting divorced, you have to edit the information on your passport and other forms of identification to reflect the change. A passport name change is quick and simple to do once you know how it’s done.

If you would like to change your name by mail, you must be in possession of your most recent passport. If your passport was issued over a year ago, you have to mail in your current passport, a government-issued document showing your name was legally changed, a completed form (DS-82) found online, the “renewal” fees and a recent, color photograph.

If your passport was issued to you within the past year, you need to mail in the passport, a completed form (DS-5504), and a government-issued document evidencing the change.

If you would like to make the request in person, be sure to bring documents that evidence your birth name, new name change, and divorce, as well as money to pay fees and a recent photograph.

You can find the full article here.

For the official information on changing your password: Travel.state.gov

Do you have children and are considering getting divorced?  It’s common to worry about how your divorce will affect your children. What about if your children are now adults? Often times you may not realize the impact that the divorce may have on your adult children.

Aside from the obvious emotional trauma that a divorce inevitably brings about, adult children are often faced with the harsh reality of a financial change from your divorce.  Of course, we can assist you with making sure that the emotional and financial trauma that your children suffer is minimal.  If we can avoid it altogether, that’s even better.

A recent article published by Reuters, explores some of the financial woes that these children may have to face. Think about it when a divorce happens, everything is generally split in half, so what happens to the trust fund for the child? Or the college fund for that matter?  Do both parents continue to contribute?

Children also worry about is who is going to take care of aging parents? That burden generally falls into the child’s lap.

The article then goes on to say   “They may feel financially responsible for their parents at an early age”. There are some wonderful tips and advice given that can help ease the burden.

Of course, having a lawyer who is experienced in these matters can also help to work out any of the financial issues that may cause your children an undue amount of stress. Give our office a call today and see how we can help you. We can be reached at (866) 830-2064.

To read more about this article and learn some tips click here

Blended families are a norm today.  With the divorce rate being so high, of course families are going to mix and match as the dust settles and lives go on.

Being a step-parent is not always easy, nor is being a step-child, but there’s certainly a lot of hope for having a loving, emotionally healthy family after divorce.

I just read an inspiring article about a father who has experienced the gifts of being a step-father and has learned a great deal from his step-daughter.

“And I’m so thankful for that commitment to Alli, not to mention our relationship. Despite its difficulty, or possibly because of it, it’s one of the richest ones in my entire life. And this holiday season, it’s more apparent to me than ever that the gift which Alli has given me through that relationship is far bigger than any of the ones that are carefully wrapped and waiting patiently for her underneath our Christmas tree.”

Read this heart-warming article this holiday season at:

http://blogs.babble.com/strollerderby/2010/12/13/a-blended-family-a-stepdaughter-and-me/