Archive for Divorce

The Tender Years Doctrine: Origin, History, Modern Usage And Criticism

As a part of family law, the tender years doctrine or tender years presumption has been in existence since the latter part of the 19th century. According to common law, the doctrine proposes that during the tender years of a child (which is generally regarded as such from the age of four and under), only the mother is allowed custody of the child. The tender years doctrine is often raised in divorce proceedings.

Most states in the United States and Europe have scrapped out this presumption. Some courts in the U.S. have ruled against the doctrine insisting that it goes against the equal protection clause found in the 14th amendment of the United States Constitution (it discriminates based on gender). read more

The United State of Divorce

Research conducted in the United States estimates that 45 percent of all first marriages and about 60 percent of couples involved in second marriages end up divorcing. Factors associated with divorce include: early marriages, inadequate education, and financial sources, among others.

Factors Associated with Divorce in America

Divorce has existed in the American society for a long time, but it has become prevalent in the United States in the last 50 years. Most researchers come up with reasons they think the society has been subjected to alarming rates of divorce. These factors may not necessarily lead to a divorce, but studies show they typically increase the chances of one. read more

The Benefits of Divorce Mediation

benefits of divorce mediationEven if one or both spouses don’t feel ready for mediation, when they consider the financial and emotional stresses and costs of contested divorces, they may decide to give mediation a go. First, however, they should consider the state of their relationship. Mediation is most likely to succeed in all or most of the following circumstances:

  • The decision for dissolution is mutual. When the decision is mutual, spouses usually can work together on a settlement more easily than they would when the decision is one-sided.
  • There is no desire to reconcile. If the spouses accept the reality of permanent separation, and if neither has a strong desire to reconcile, then both probably have reached the emotional point where mediation can succeed. They need not rule out all possibility of reconciliation but must be prepared to focus on what happens if they don’t stay together.
  • They want to stay on good terms. Spouses who want to remain friends can use this reason to get through difficulties in negotiating compromises during mediation.

Mediation Advantages

Mediation is a frequent method of negotiating divorces. The spouses and their lawyers in some cases hire a neutral third-party mediator with whom to discuss and resolve issues. The mediator makes no decisions for the spouses but helps them decide what’s best. read more

What is No-Fault Divorce?

What is no fault divorce

Evidence of no-fault divorce first popped up in Russia around the early 1900s. California was the first state in the union to create no-fault divorce laws in 1969.

A total of nine states had no-fault by 1977. In 1983 only South Dakota and New York did not allow no-fault divorce. Finally in 2010 New York became the last state in America to have no-fault.


Since the beginning, no-fault divorce has been a contentious topic. Some feel it is a necessary tool to avoid long divorce trials and litigations. Proponents also say a no-fault can help victims of domestic violence quickly get out of an abusive marriage without having to face their abuser in court. read more

Divorced After 50, What Now?

divorced after 50?Studies are showing that more and more couples are calling it quits well into their 50s. Getting divorced this late in life creates a completely different set of problems than getting divorced in your younger years.

Most people really ramp up their retirement savings when their in their 50s, so suddenly getting your income cut in half can ruin your plans. On average women experience a 41% drop in income, and men experience a 23% drop. This drop forces new singles to reevaluate their plans.

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Pros and Cons of Changing Your Name After a Divorce

Going through a divorce obviously causes you to change your lifestyle in several ways. One lifestyle change that women often have to go through is changing their last name. Not all women go back to their maiden name, and for many the decision to keep their name is really stressful.

There are several pros and cons to changing your last name after a divorce. Every situation is different, so ultimately you need to just do what’s best for you and don’t worry about what others are doing or saying.

Pros of changing your name read more

How to Prepare for a Divorce

With the dust of the holidays finally settling, it’s time to move on to other things. For a surprisingly large number of Americans, other things means divorce. Studies show that November and December have the lowest numbers of divorces. Experts say families, especially families with kids, want to stick together during the holidays to maintain traditions and not ruin the holidays for other family members. In contrast, the first quarter is the busiest time of the year for divorce, with March having the most divorce filings. It seems the end of the year is the calm before the storm. read more

Hiding Money in a Divorce

Hide and seek is a favorite game with young kids singulair medicine. Finding that top secret spot in the backyard that no one can find was one of the greatest thrills of childhood. Sometimes adults like to play hide and seek with their money, especially when it’s time to pay up or split up. When dividing up assets during a divorce it can be tempting to hide or undervalue certain assets to avoid forking them over to the soon to be former spouse.

A surgeon in Alaska recently went to great lengths to play hide and seek with this money during his divorce. The surgeon headed south for Costa Rica and opened several bank accounts. He then deposited more than $350,000 in cash and one thousand ounces of gold. After Costa Rica he went to Panama and dumped 4.6 million into a fake corporate account. read more

Top Five Reasons to Use a Collaborative Divorce

Most people going through a divorce are vastly unaware of the options available to them. Thanks to the equally thrilling and dramatic divorce courts we all see on daytime TV, the common thought is that a courtroom battle is the only way to get a divorce.

This could not be further from the truth. A collaborative divorce bypasses the courtroom drama and the judge. Instead the lawyers representing each party will work together to find a resolution. There are plenty of reasons to use a collaborative divorce and here are the top five. read more

Options for Divorce

Divorce is rarely a pleasant process, and it can get extremely expensive. Oklahoma oil man Harold Hamm shelled out $995.5 million in his recent divorce. The most expensive divorce ever belongs to Dmitry and Elena Rybolovleva. A Swiss judge ordered Dmitry, a Russian oligarch, to pay Elena an astounding $4.5 billion.

The average divorce

In America the average contested divorce cost between $15,000-$30,000 and takes around 6 months. This amount of money and time can cause tremendous stress and anxiety for both parties and any children involved. read more