Though it seems straightforward, many people discover the document is more complicated than they anticipated. Determining accurate and update figures for everything can be an arduous process. The document is also crucially important as it serves as the basis for the divorce settlement agreement, child support and alimony. Those not involved in the family finances prior to the divorce can have an especially rough time, as estimating is not wise given how important the document can be.

Here are four key points about Financial Affidavits:

1. Your divorce attorney will review only for glaring mistakes

Although your divorce attorneys will provide you with the proper forms and fundamental guidance, don’t expect them to know your finances better than you. They will certainly double check and look for obvious errors. Unless a listed expense doesn’t seem right don’t expect small differences to be noticed by people unfamiliar with your spending habits.

2. The little details often make a big difference

Sorting through years of bills at an extreme level of detail can be a grueling process but it’s very important for understanding your present state of affairs. No matter how tiresome resist the urge to estimate. When people guess they can often be wrong – sometimes very wrong. The time and expense necessary to correct these mistakes can be significant and should be avoided at all costs.

3. A Financial Declaration must be executed before a notary public

When you file a Financial Declaration you must swear under oath that the information you provided is true and correct to the best of your knowledge and belief. This means that neither party can “forget” to mention an account or fudge the balance of a credit card. Anyone who intentionally provides false information on a Financial Declaration is committing perjury and could face serious legal action, including being held in contempt of court and facing additional sanctions, including possible criminal charges.

4. Your Financial Declaration can be revised

If your financial circumstances change, you can and should update your Financial Declaration, even after it’s already been filed with the Court.  In fact, you are required to file a current Financial Declaration at almost all hearings in Family Court.

If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “The Five Key Points Divorcing Women Need to Know About Financial Affidavits,” by Jeff Landers, published at Forbes.com. 

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To some the amendment seemed unnecessarily duplicative given that the state already had a gay marriage ban in place. The new amendment makes it even more difficult for lawmakers to ever attempt to change the law. It also goes further than the previous ban by preventing North Carolina local governments from extending health benefits to the domestic partners of their employees.

The lead up to the vote saw all the heavy hitters show up with public pleas from Former President Bill Clinton and President Barack Obama. Supporters of gay marriage out-raised and out-advertised their opponents in the lead up to the vote – to no avail. Supporters of gay marriage took the tactic of emphasizing in TV ads that the amendment could even have repercussions for unmarried straight couples because of its vague language. The anti-amendment coalition raised more than $2 million. The pro-amendment crowd on the other hand, known as Vote for Marriage NC, raised a little more than $1 million.

Curiously only 46% of voters realized that the amendment would ban civil unions for gay couples as well as marriage. A recent poll by Public Policy Polling indicated that a majority of North Carolina voters support civil unions, a bit of a contradiction given the results of the recent amendment fight.

North Carolina is far from the only state facing such issues. Minnesota faces a ballot gay marriage ban in November, as does Maine. On the other side of the dispute are states like Maryland and Washington who passed laws legalizing same-sex marriage. New Jersey recently did the same but found the measure vetoed by Republican Governor Chris Christie.

If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Amendment One, North Carolina Gay Marriage Ban, Passes Vote,” by Martha Waggoner, published at HuffingtonPost.com.

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1.     Evaluate your assets

The house is the biggest asset that most couples possess but there are still usually many more that qualify as marital assets that will need to be divided. “I find very often that people forget about retirement accounts or pensions from past jobs,” says Cynthia Zagorski, founder of Cynthia Zagorski Financial Consulting and a certified divorce financial. Other assets people often forget about include stock options, deferred compensation and pension plans. Such assets have values that are paid out in the future, not always simple divisions today.

Tax implications should also be taken into consideration when valuing assets. Just because each party is awarded an equal dollar value in assets, does not mean that down the road the assets won’t have varying tax responsibilities.

2.  Weigh debt

To begin, prepare a summary of the last 12 months of all credit card and utility bills as well as personal and jointly held loans. Such a history will help you decide who should take on which debts. It’s important not to take on responsibility for debt associated with property you don’t control. For instance, if you are responsible for paying the car loan, you should be the one driving the car.

3.  Run a credit check and history

Everyone should conduct an annual credit check with all three agencies. Knowing where your credit stands prior to divorce can help prevent headaches down the line. It’s possible that you’ll discover a credit card or line of credit that you never knew existed, correcting inaccuracies is important.

4.  Track how much you spend

Taking stock of your spending habits and creating a realistic budget for your post-divorce life is also crucial. “If the cash flow is divided into two, a couple needs to determine if they can they live the life that they live now or if they need to make an adjustment, like selling a home,” says Mark Seruya, executive director at Morgan Stanley Smith Barney. People often underestimate how much they spend and putting everything down on paper forces couples to face the hard truth.

5.  Identify income sources

Knowing who makes what is critical for determining things such as alimony and child support, if either is a possibility in your divorce. Income derived from businesses or investments should also be accounted for. This is especially important if a spouse is self-employed where hiding money can be more easily accomplished.

If you find yourself facing the prospect of separation or divorce, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Five Things to Know About Your Finances Before a Divorce,” by Cindy Vanegas, published at FoxBusiness.com.

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1.  Set the right tone and be friendly

It’s true what they say; you usually get what you expect from people. If you’re already expecting the wicked witch and treat the ex as such that’s likely what you’ll get. Even if the ex had good intentions your negativity could turn her away.

2.  Find common interests the two of you share

You might find that after getting to know the ex that you actually have lots in common (besides your current partner of course). Avoiding over sharing (which we’ll discuss later) and the two of you might be able to get along swimmingly.

3.  Never discuss your current relationship issues

As we mentioned above too much information can be a danger of hanging out with an ex. In order to be friendly with your current partner’s ex you MUST leave the personal details of your current relationship out of it. Not only will telling too much invite a third person into your relationship, but it can poison the remaining good feelings between the recently broken up parties.

4.  Watch feelings of jealousy

Trust is obviously an important ingredient in any relationship, but when it comes to exes who are still in the picture, it’s absolutely critical. Dealing with someone who knew him before you did can be unnerving, to say the least. The fear that they might get back together can lurk beneath the surface but is ultimately destructive not just to your possible friendship but even to your relationship.

5.  Trust your instincts if something feels funny

Most exes really are done and recognize that the romance is over. That may not always be the case and it’s important to trust your gut. If something feels funny or if people begin acting strangely there may be a good reason for it. Listen to your instincts and be honest about your concerns.

If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Rules for befriending his ex,” by Rosalind Cummings-Yeats, published at Match.com. 

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1.  Don’t try to be friends too soon.

You’ll both need time to heal and recalibrate following a divorce. Make sure that you both have a safe distance from one another to heal on your own schedule. For some it may feel lousy and lonely for a while but it’s the best way to move forward.

2.  Write everything down

Do not assume either of you will remember or abide by the agreement no matter how friendly things are initially. Get everything down in writing so nobody is tempted to ‘forget’ later on. When it comes to issues of money and parenting, the more details the better. The more that’s clear the less room there will be for fights later on.

3.  Outline clear consequences

Agree on what happens if one person does not abide by the agreement or somehow does not follow through with their promises. As you learned as a parent, people need to know what happens if they break the rules.

4.  Resist old patterns

Part of the relief of divorce is you are no longer responsible for your partner’s multitude of issues. The same goes for them. You both are released from one another so be released. Resist the temptation to give or seek old patterns of support.

5.  Try to get together as a (new) family

Once everything settles down and if you’re able to, make time to gather as a family. Go out for dinner. Show the kids you still care about each other. Sending the message that you are still a family no matter what can bring a lot of comfort during an otherwise trying time.

If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Top 10 Tips for a Great Divorce,” by Pamela Cytrynbaum, published at PsychologyToday.com.

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According to a report for the National Center for State Courts, an estimated 18 million children have separated or divorced parents, and an additional 17 million more children have parents who have never been married. One out of four of these children have a parent living in a different city. Within four years after separation or divorce, 75% of mothers will relocate at least once, and of that number over half will do so a second time. As a result, close to 10 million children do not have regular face-to-face interaction with one of their parents.

Technology has now provided an option that was not in existence before. Parents can now stay in touch with their children and avoid losing that close relationship thanks to email, texting, Facebook and video conferencing systems such as Skype. This new trend of “virtual visitation” can make long-distance parenting much easier for both parent and child.

The term “virtual visitation” has a very specific meaning under the law and refers to the rights of a non-custodial parent to have electronic communication with their children. Since the early 1990s when the first cases arose concerning the issue many states have enacted provisions concerning the subject. Utah enacted the first electronic visitation law; Illinois was the most recent state where virtual visitation became law in 2010. So far six states have laws on the books covering “virtual” or “electronic” visitation rights, with Florida, North Carolina, Texas and Wisconsin being the other four. Twenty-two other states have their own efforts underway to add similar laws to their books.

Advocates of the approach say that virtual visitation allows parents who are away to continue maintaining a relationship with their kids. While it’s not meant to replace face-to-face contact, it is a better than nothing. Critics argue that such custody arrangements make it easy for non-custodial parents to move away, using the promise of virtual visitation to get approval from the court to relocate.

If you are a parent going through a divorce or one wrestling with child custody challenges, virtual visitation is an option that may be worth consideration. Discuss your thoughts with an experienced South Carolina family law attorney who can guide you through the difficult process.

Source: “Virtual visitation: a sensible child custody option,” by Myra Fleischer, published at WashingtonTimes.com.

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1. Go see a South Carolina family law attorney.  Many people wait far too long before seeking legal advice about an impending divorce. There are things that you could be doing to protect your assets and help ensure a better outcome in the event you do have to go to trial.
2. Gather financial information and put the documents in a safe place. When you decide to get a divorce there’s a chance that money or information has been hidden. An important first step is to make copies of all the records you can get your hands on and photograph any valuable personal property. Collectibles can disappear in the heat of a nasty divorce and proof is often hard to come by. A record of all of these assets should be kept away from your home in a safe deposit box or with a friend.
3. Don’t attempt to hide money. Most people who try to hide assets from a spouse aren’t very good at it. If you’re caught doing so the judge may decide to rule harshly against your bad behavior or may be more inclined to believe you’ve done more that you just weren’t caught doing. Judges have a great deal of discretion in divorce cases and you always want to appear to be the “good spouse” in the judge’s eyes.
4. Don’t trash talk your spouse to others, especially the kids. Though it’s easy to do, it’s important for the sake of the children not to attack the other parent during a tough divorce. The same is true of mutual friends, it’s best to follow the old advice that if you have nothing nice to say then say nothing at all. While you may win over the kids in the short-term they will eventually see through the anger of your remarks and may sympathize with the other parent.
5. Go see a therapist. If you are in a divorce proceeding, or even contemplating it, you are likely stressed out. Don’t feel ashamed if you need to speak to someone about your situation. Have a neutral third party to listen to your feelings could be an excellent release valve during a stressful time.
6. Change your healthcare directive. Most states have documents that you sign allowing someone to make important medical decisions in the event that you are ever incapacitated. Most people list their spouse as that person. If you’re in the process of a divorce you don’t really want your soon-to-be ex making life or death decisions about you. They might be a little too quick to pull the plug.

If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “6 Things To Do When You See Divorce In Your Future,” by Stann Givens, published at HuffingtonPost.com.

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The only difference between a pre- and post-nuptial agreement is timing. The post-nup is signed during a marriage and is meant to shield assets in case the marriage fails. Postnups should be seen as a kind of “reset button” used to make accommodations for recent wealth or a way to fix earlier money problems that damaged the relationship. In an odd way the kind of divorce preparation can actually create more peace in a relationship as issues are forced to be dealt with.

Post-nups can be an ordeal putting together as both parties need separate legal counsel to review the documents and to potentially coordinate with outside experts such as accountants or tax specialists. Post-nups may also require addressing issues in family owned businesses like succession planning or valuation.

The following are some important questions to ask when preparing for a postnup agreement:

• What problem are we trying to avoid? This is the central question to answer when trying to draft a postnup, why are we doing and what do we hope to achieve.

• What about our families? Children are inevitably part of such arrangements and postnupts can affect how inheritance will be split later on. Dealing with family owned businesses add additional wrinkles and require open conversations with the adult children who may be involved in the business already.

• Is there debt? And if so, how much? If one or both parties is hiding this information, disclosure is part of the process. To be successful both sides must be willing to face the cold hard reality of their financial situation.

• What about everyday expenses? If one party believes that certain expenses are a burden, it is time to talk about relocating responsibilities.

• What about insurance? Life, health, home and, disability, all of the above need to be reviewed and dealt with.

When done correctly, a postnuptial agreement can benefit both spouses and actually be a positive step for a relationship. If you find yourself facing the prospect of a child custody, separation, or divorce issue, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Is A Postnuptial Agreement Right For You?,” by Marc Hebert, published at WMUR.com.

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Psychologist John Gottman and applied mathematicians James Murray and Kristin Swanson claim their predictions have 94% accuracy based only on viewing the first few moments of a conversation about an area of marital contention.

Research subjects brought into the lab like Michael and Andrea have to fill out questionnaires to identify their personality types. The people are then hooked up to equipment to monitor their physical and emotional responses during a discussion of a sensitive subject such as money.

“There’s quite a bit more to it than just math,” she said. “When I initially started working on this, I thought there was no way you could quantify anything like this. It didn’t make any sense to me whatsoever. But across four different studies now we’ve been able to find for about 500 different couples that we can predict their outcome with over 90% accuracy.”

The computer model has been tweaked to come up with an answer based on voluminous data from the coupled during their dispute. Data such as pulse rates are collected and analyzed. The disputed conversations are said to mirror underlying problems a couple has and that is why the prediction is so accurate. The trick of the model is that it quantifies the of positive to negative interactions during the talks.

What’s the magic number? Five to one. If a couple falls below that number then the marriage is likely in trouble. “When the masters of marriage are talking about something important, they may be arguing, but they are also laughing and teasing and there are signs of affection because they have made emotional connections,” Gottman said.

“But a lot of people don’t know how to connect or how to build a sense of humor, and this means a lot of fighting that couples engage in is a failure to make emotional connections. We wouldn’t have known this without the mathematical model.”

“What we’re trying to do is really understand what makes relationships work. And once people understand that, we can help people build romance and passion.”

If you find yourself facing the prospect of a separation or divorce, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Love lab predicts marital outcome,” by Jonathan Amos, published at BBC.co.uk.

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A part of that ceremony is the signing of a marriage contract known as a Sadaq. A Sadaq is a traditional Islamic document which contains language describing a marriage gift from the groom to the bride, often called a dowry. “My dowry is $20,000 unpaid. Unpaid means it has to be paid at some time,” Farah said.

Shortly after marrying the two moved to the US where Abdul works as a radiologist. It didn’t take long to realize that the marriage wasn’t work, especially for Farah. “My life was like a bird in a cage, and this cage is not open to the world, it’s covered,” Farah said.

Farah moved forward towards a divorce but quickly found out that her successful doctor husband only intended to pay her the $20,000 mentioned in the Sadaq. Abdul argues that’s all the wife is entitled to according to Muslim traditions of marriage. Farah’s attorney says that, “Our position is no, she gets that but she gets everything else that Florida law would otherwise provide for, including one half of the assets and spousal support.”

The importance of the case is clear, “Women who are married under Islamic law, under a marriage contract of this nature, would then be perhaps barred from a lot of property rights and support rights,” plaintiff’s attorney said. This case is a test of whether such a rule will be upheld or struck down by a Court.

Farah’s name appears on the deed to the couple’s beach house in Florida worth nearly a million dollars as well as cars, stocks and bank accounts all worth many multiples of the $20,000 in her Sadaq. While both parties agree that the marriage contract is enforceable, meaning that at least $20,000 is owed, it’s up to a judge to decide if Florida law regarding equitable division of marital property is enforceable as well.

The case will appear before a judge for a summary judgment on June 26^th.

If you find yourself facing the prospect of a separation or divorce, you need the help of an experienced South Carolina family law attorney to guide you through the difficult process.

Source: “Islamic divorce case could have far reaching implications,” by Jonathan Petramala, published at BayNews9.com.

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