Author: Robert Reeves

Post-Divorce Debt: Management Methods

Divorce can sometimes be costly, and as such it helps to prepare a bit financially. Still, even with a good plan, you might find yourself with some post-divorce debt. This debt is definitely something you’ll want to get under control. There’s a few things you can do to help get it down to a manageable level…

Post-Divorce Debt: Financial Impact of Divorce

Re-evaluate your budget

Your post-divorce debt is probably going to require you to take a new look at your budget. As you go away from a double-income household to a single-income one, your past budget may not work as well as it used to. Plus, you’ll probably have some additional expenses to manage. Among these will be your debt.

Therefore, take the time and plan out a potential new budget. Consider your necessary expenses, and how much income you make. This can help you see if you can cut spending in one area to help with debt payments, or if you may need to consider looking for a better-paying job.

Set up payment plans

Another helpful way to handle post-divorce debt is by having payment plans. Not paying your debt at all can quickly add up as extra interest is accumulated. Now, some places may give forgiveness for one or two months missed. Still, if it becomes a habit, then your debt will continue to mount and things like your credit will suffer.

Instead, you can see about setting up a payment plan. Usually, these will let you set up automatic payments for debt payments every month. You may also be able to set up adjusted payments. This can see you making smaller, more manageable monthly payments, but making more of them over a longer period of time.

Consider all your strategies

Of course, the best thing to do with post-divorce debt is to pay it off. However, it’s entirely possible that you just don’t have the extra money to do so. Rather than just let those bills pile up, you should take the time to consider all of your potential options.

For example, if you have good credit, you may want to think about debt consolidation. This puts all your debt together and can lower your interest rate. You might also want to consider debt management, settlement, and in extreme cases, bankruptcy. Just note that these can have a negative impact on your credit in exchange for helping you control or remove your debt.

Divorce Coaching: Potential Benefits

Having to go through a divorce alone can be pretty daunting. Therefore, it could be worthwhile to get some divorce coaching. Meeting with a coach could help you handle the new difficulties and challenges which come with divorce…

Divorce Coaching: Ways It Can Help

Develop a plan

Many people tend to feel lost when going through their divorce. It can be difficult to know what you should be doing and what you should avoid. This can very quickly become overwhelming and make things much more difficult for you. That’s why divorce coaching can be handy.

A coach can help you come up with a general plan of action. Not just that, but they’ll also work with you to make a post-divorce plan as well. That way, not only will you have some good guidance now, but you’ll also have an idea of where to start when the divorce is over too.

Talking with your ex

Another time divorce coaching is helpful is when you struggle with talking to your ex. It can be awkward to talk now that you’re divorcing one another. However, it’s important to do so effectively, especially if you’re going to be co-parents after everything is over.

Meeting with a coach can teach you helpful ways to find some common ground with your ex. This will help make it easier for the both of you to talk with each other. Still, it could be the case that there’s a lot of tension remaining between you and your ex. A coach can also help you figure out ways to de-escalate things and keep the peace.

Keep your cool

A person’s emotions tend to run pretty high when they’re divorcing. All the stress can get the better of you and really make you feel frustrated, angry, anxious, or depressed. Divorce coaching can teach you healthy ways to manage these emotions so you can keep your cool.

It’s important to keep your emotions in check for several reasons. Aside from the health benefits, it’ll help you make sure your emotions don’t interfere with your decision making. It can also help you talk to your ex without getting worked up.

Sell or Keep the Family Home: Post-Divorce

After a divorce, it can be difficult to decide if you should sell or keep the family home. There are plenty of factors that play into this. Everyone’s situation will be different…

Sell or Keep the Family Home: Factors to Consider

Finances

Your financial situation will play a big role in deciding if you should sell or keep the family home after a divorce. Based on your situation, you may have the option to sell the home and split the profit. Another option may be to buy out your spouse to keep the house. You will need to determine which is a better option for you financially.

You may have to speak with a financial advisor or an accountant to see which option is going to be the best financially. Keep in mind there are a lot of financial responsibilities that come with owning a house. You don’t want to start a new chapter of your life with expenses and debt you can’t handle. 

Eligibility for a Mortgage 

Additionally, while deciding if you should sell or keep the family home, you should check to see if you could qualify for a mortgage, if needed. In some cases, one spouse may not be approved to carry a mortgage on their own. This is especially true if they were a non-income earning spouse. You certainly don’t want to make a decision based on thinking you could easily buy another house without making sure you are eligible for a mortgage.

Children

If you have children, especially ones in school, they could be a factor in deciding if you should sell or keep the family home. It can be difficult to uproot children and move them to a different school. Therefore, this may play a role in you deciding to keep you in your current home. Research the schools in the new area you may be considering so that you can make an informed decision. 

A New Start

Sometimes, you may just need a brand new start. A home can hold a lot of memories and emotions. Selling a home can give you the opportunity for a new start. Whether that move is locally, or long-distance, moving into a completely new home may be a deciding factor in whether or not to sell or keep the family home. 

Divorce comes with many difficult decisions to make. Deciding if you should keep or sell the family home could be one of them. Take your time, do your research, and think it through so that you make sure you’re making the right decision.

Marital and Non-Marital Property: How Do We Divide?

A common question people ask in divorce cases, is how the court divides property between the spouses. Ultimately, this depends on a few different things. To begin, SC follows Equitable Distribution laws. This means that property is divided in a fair and equitable way. However, fair doesn’t always mean equal. The courts will consider many factors in deciding how to divide property. One of the most important, is whether the property is marital or non-marital.

Marital and Non-Marital Property: How Do We Divide?

First things first, what is marital and non-marital property?

SC Code Section 20-3-630 defines marital property as property acquired by the parties during the marriage. To put it simply, if you bought the property together during the marriage, it will be subject to equitable distribution at the time of divorce. It doesn’t even matter if one name versus the other is on the title. Rather, they just care about the date of purchase.

Are there exceptions?

Property a couple acquires during their marriage is marital, yes. However, there are a few exceptions to the rule. These exceptions are non-marital property. Non-marital property is not subject to division. Some of these exceptions are as follows:

  • Property from an inheritance or gift from a party other than the spouse
  • Property that a written contract signed by both of the spouses excludes, such as a prenuptial agreement
  • Increase in the value of non-marital property. Unless its increase resulted from effort of the other spouse during the marriage
Can non-marital property become marital?

Sometimes property that one spouse owns before the marriage can become marital. This can happen when a spouse deposits pre-marriage money into a joint account during marriage. It can also happen through transmutation.

Transmutation is when the couple treats non-marital property as marital. This is especially common in, say, a home. One spouse might own a home before marriage. Then, during the marriage, both spouses live in the home and put money towards the mortgage, repair, and so forth. Through this process, the home becomes marital property.

Dividing property in a divorce is a hard process. It can be hard to predict how a judge will choose to divide assets. Thus, it is a common concern amongst our divorcing clients. That’s where we come in. By hiring an experienced divorce attorney, you can find someone to fight for your desired outcome— but also prepare you for different possibilities.

Gray Divorce: What it is, Why People Do it, and How it is Negative 

There are many different forms of divorce, and everyone who does it— does so on their timeline. For reasons like these, family therapists and attorneys alike find themselves using the term gray divorce to describe a a certain type of legal separation. But what exactly does this mean? And what drives people to take this route, versus an easier one? While the people taking this route often do it for selfless reasons, it can actually be quite damaging to both them, and the people around them…

Gray Divorce: What it is, Why People Do it, and How it is Negative

First things First: What is a Gray Divorce?

Well, the name is actually quite telling. A gray divorce is a divorce between two people who are later in life. These are typically empty nesters with adult children and grandchildren. These divorcees will wait until their children are grown as a means of ‘protecting them’ from the sadness that is typically associated with children of divorce.

What’s different about this type of divorce?

There are actually quite a few things about gray divorce that make it different than your standard. For starters, there is typically estate planning happening, retired parties, social security benefits, more frequent health insurance usage— and these are really just the heavy hitters.

When you retire, you have a lot more benefits coming in, and you’re likely considering pulling from your retirement account to start using that to settle down for those later years. However, when you choose to separate, all of these benefits will have to be split and reevaluated. When it comes to benefits you’ve been sharing for the majority of a lifetime, that’s no easy feat.

Estate planning, in particular

One of the most difficult aspects of gray divorce is estate planning. For starters, it should be dealt with first and foremost. Estate planning, if you’re unfamiliar, is deciding what goes where in the event of death. Often, a couple will not think to adjust their will’s. In turn, after death, their ex-spouse will have control over all assets.

There is no right time for divorce

There’s no perfect time to separate. While we understand that you were making this decision to ease your family into the idea, it can be damaging to everyone involved. Staying in an unhappy marriage is bad for your health, and it also likely shows more than you believe. No one wants to put their children through a divorce. But, sometimes putting them through that divorce is much more manageable than letting them bear witness to a lifetime of miserable parents. Your needs are important too, even when you have children. So, consider the negatives and positives before choosing to wait ten more years… We wish you luck in this difficult time, and offer our services if you might need them.

Birds Nest Agreement: Will it Work for Me? 

When it comes to child custody, every family has their own ways of making it work. From swapping weekends, holidays, christmases, pick ups, and so forth— you each have things that make your agreement unique. One of the most jarring things about child custody swaps, is moving your child from one home to another on a regular basis. For some families, this just doesn’t feel like the right way to do things. Therefore, a certain agreement, called the birds nest agreement, has become popular for many families. So, we’re going to break it down for you, and help you decide whether this is just the move your family has been looking for. 

Birds Nest Agreement: Will it Work for Me? 

What is a birds nest agreement? 

A birds nest agreement is where you have one home for the each of you: one for Mom, Dad, and Child. In a birds nest agreement, the two parents will swap off time spent in the ‘birds nest’ when it’s their time for custody. In short, whoever has the custody time, will be in the house while the other parent will stay in their respective home. Each member has their own home, and both parents share the responsibilities of the third home. 

What is negative about this? 

Of course, the idea of having a third dwelling seems, and absolutely is, extremely costly. You have to maintain three rents/mortgages. In short, this option isn’t necessarily cost-efficient for anyone involved. 

Furthermore, this agreement can also seriously hinder a new relationship if you’re in one. You aren’t in your own home for half off the time, you share a space with your former spouse, and your time is more divided than it would be in any other situation. However, if this is important to you, it’s just another bump along the way for your relationship. 

However, there are plenty of positives

One: you solve the biggest issue for divorced parents, going back and forth between pick ups and drops offs. Your kid doesn’t have to shuffle their belongings, school work, and themselves between one home and the other. This option is stable, and skips some of the hardest things about a child custody agreement. Communication can be easy to maintain through a common calendar, white board, or other things throughout the house. 

All in all, it’s an expensive, yet stable option 

This type of agreement has it’s fair share of ups and down— as does any agreement. Ultimately, this would be a really nice option for anyone who has the financial ability to do so, and the flexibility to move from spot to spot on a regular basis. Every custody agreement is different, and each family needs something different— which makes this a viable option.

Court Attire: Dress for Success

It only takes 1/10th of a second for someone to form a first impression. This means it’s important to make as good of a first impression as possible. This is especially true in court, where the impression you give can have lasting effects on the outcome of your case. Having the proper court attire goes a long way in making that first impression on the judge a good one…

Court Attire: Dress for Success

Keep it classy

Everyday clothing has become much more relaxed these days than in the past. The rise of business casual dress codes also means that some people are unaware of what “normal” business attire should consist of. This can translate to potentially unprofessional court attire.

You’ll want to approach dressing for court like dressing for a job interview. For men, this means collared shirts, dress pants, and ties. For women, dresses, skirts and blouses, or dress pants and tops will work. Make sure they are simple with no crazy designs or colors as well. 

Tattoos and piercings 

Tattoos and body piercings have also become much more common these days. However, how do they apply when thinking of court attire? What would be considered appropriate versus crossing the line? It really comes down to finding the best way to mix looking professional versus expressing yourself.

You’ll probably want to wear clothes that’ll cover your tattoos as best as possible. You’ll also want to take out any “unique” piercings like nose or lip ones. Additionally, if you have colored hair, make sure to dye it to a natural color for your court appearance. This shows the judge you’re going the extra mile to be professional in their courtroom. 

It’s all about respect

Proper court attire all comes down to showing respect for court and the judge. If the judge sees that you’re putting in the effort to treat your case seriously, then it boosts your credibility. Dressing properly isn’t a guarantee of success, of course; it just means you’re starting off on the right foot. 

Dressing is just one part of the full courtroom experience. You’ll also need to make sure you’re aware of proper courtroom etiquette. Having both perfected will let you and your lawyer focus on the case at hand rather than any distractions. 

Common Divorce Reasons

People divorce for a wide variety of reasons. However, some reasons tend to be more common than others. These common divorce reasons can be indicators of when things are going south. Knowing these signs can help you realize when you might need to change course, or if it’s best to call things off…

Common Divorce Reasons

Infidelity

Infidelity is one of the most common divorce reasons. Cheating and affairs tend to be a breaking point for a lot of marriages. For many couples, this represents a violation of trust between each partner. Once this trust is violated, it’s hard for couples to reconcile and come back together.

The reasons behind why partners cheat aren’t always so clear-cut. Sometimes, it’s due to underlying issues in the relationship, especially in regards to intimacy. Other times, it could be due to pent up frustrations, or just when a partner gives into temptation. Ultimately, it’s up to you to determine if you can work things out with your spouse, or if you want to split.

Poor communication

Communication troubles also are one of the common divorce reasons. Good communication is an important foundation for any marriage. Couples who are able to talk to one another in a healthy and productive manner tend to work out their issues both quickly, and in a way that leaves both sides happy.

However, couples with poor communication tend to struggle. They end up in constant arguments, which just get worse and worse over time. Eventually, this leads to both partners becoming fed up with each other, and many will opt for divorce to prevent things from getting even worse.

Abuse

Abuse is one of the most unfortunate common divorce reasons. Marriage, and life itself is difficult, and sadly some people take out their frustrations out on their spouses. In these situations, divorce is a means for someone to get away from their abuser.

Abuse doesn’t have to be physical. In fact, it can also be emotional, or a combination of each. Either way, any kind of abuse is something which shouldn’t be tolerated. Remember that a person’s own personal safety should take priority in any kind of relationship.

Narcissistic Ex: How To Communicate

Figuring out how to talk to your ex as a co-parent can be pretty tough. This can only get harder if you’re dealing with a narcissistic ex. While it might feel impossible at first, there are ways you can make it a bit easier for yourself when you have to talk to them…

Narcissistic Ex: How To Communicate

Don’t take the bait

One of the trickiest parts of talking to a narcissistic ex is how they like to change the subject. Often times, they might try to steer the conversation towards themselves or what they’re doing, in order to show off. Or, they might make jabs at you to try and get under your skin.

When this happens, it’s important to not take the bait. They want to get you upset, and in turn make you lose focus of the conversation’s original goal. Do your best to ignore those comments and stick to what you need to discuss. If they refuse to focus, then disengage and tell them you’ll talk at a later time.

Stick to “yes” or “no” answers

If a narcissistic ex tries to ask you questions, especially over email or text, they tend to make them not as straightforward as they should. For instance, they might include some kind of backhanded comment or brag about what they’re doing. While you might feel the need to correct the record, the best response is to keep your answers brief.

Ignore all the stuff they included that isn’t relevant to what you have to do as a co-parent. Single out those questions, and make it clear you’re only replying to that part of the question. For example, if they ask if you can watch the kids, but try to insert a brag about themselves, just say “yes, I can watch the kids” and leave it at that.

Set your boundaries

A narcissist, especially a narcissistic ex, loves to poke and prod at your boundaries. They want to push your buttons, find out what you’re doing, and figure out a way to either put you down, or lift themselves up. That’s why it’s important to keep your boundaries firm. Don’t give them any room to work with, and if they don’t respect the boundaries, then you know your conversation isn’t worth continuing.

Divorce Therapy: How It May Help

Divorce is an extremely stressful event for both the people involved and their families. Due to this, it might not be a bad idea to consider divorce therapy. However, if you’ve never met with a therapist before, this can feel like a daunting task. Still, it might help you to know how exactly these professionals can help…

Divorce Therapy: How It May Help

Cope with emotions

Divorce is an emotional time, and sometimes those emotions can get overwhelming. This becomes very apparent if they’re negative emotions. Many times, these emotions can end up getting the better of people and negatively impact their divorce.

However, divorce therapy can help you cope with your emotions. A therapist can work with you to figure out where exactly these emotions are stemming from and what causes you to feel them. That way, you can work on strategies to keep the under control in a healthy and productive manner, and eventually work past them.

Help with the kids

Divorce therapy can also be helpful if you’re a parent. Divorce can have a pretty significant impact on your children. Due to this, many parents worry about what exactly they should or shouldn’t be doing, and what kinds of things they should look for in their children’s behavior.

A therapist can help you better understand what’s going through your kids’ heads. This is especially true if you meet up with a family therapist. These therapists help out all members of the family, and can have both you and your children work together to better understand how you each feel about what’s going on.

Build a plan for the future

One of the worst aspects of divorce is the uncertainty it brings. With the end of your marriage, the plans you used to have for the future are probably no longer possible. Many people get anxious when thinking about their new future, and are unsure of where exactly they should start to get things going again.

However, if you choose divorce therapy, then you can work with your therapist to build a new plan. The therapist can help you figure out what exactly you might be afraid of and how to get excited for the new opportunities in your life. That way, you can start to feel more confident about your life post-divorce.