September 2016

Financial planning during separation is essential

While finances are an integral part of most divorce settlements, the process of divorce can take some time. Meanwhile, if you and your spouse are living apart, your finances are in limbo. This includes everything from joint bank accounts to mortgage payments and other household expenses to your kids’ needs. Even if you and your estranged spouse are getting along well enough to work out these things between yourselves, it’s a good idea to have your Massachusetts family law attorney help you work out a formal agreement — particularly if only one person is the wage earner or has a significantly higher income than the other. That way you have some assurance that necessary expenses will be covered even if the divorce turns rancorous. This agreement can also help as you determine what type of settlement to seek in the divorce. This involves some budget planning. If you’re going to be living separately during the divorce proceedings, as most people do, you each need to create separate budgets to cover your housing, food and utilities. Unfortunately, some couples need to stay together under one roof for a while because they simply can’t afford two households. However, if that situation is untenable, it’s best to work out a way to manage two homes, even if it means cutting back on other spending. It’s best to start separating your bank accounts as well as your credit cards and other debt. As long as your name is on a credit card, he or

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How do you know if it’s time to find a new therapist?

If you seek the help of a therapist while going through a divorce, it can make a significant difference in how successful you are in moving on with your life. However, not all therapists, no matter how prestigious their alma maters and how many best-selling books they’ve written, are necessarily good at one-on-one counseling. If you’ve never been “in therapy,” it can be hard to know what you should and shouldn’t accept from a therapist. One psychotherapist notes some important “red flags” that people should look out for. — Critical: A good therapist will help you see things about yourself that you should change to have healthier relationships and a happier life. Sometimes that involves a little “tough love.” However, that criticism should never be unkind or insulting. — Self-absorbed: While some therapists will share their own experiences if they believe it’s helpful to their patients, that should be done sparingly. You’re not paying to hear about their lives. Your sessions should focus on you — not your therapist. — Distracted: You should be the sole focus of your therapist during your session. If your therapist is checking emails, sending texts, taking phone calls or even watching the clock, call him or her out on it. You’re paying for that person’s time and expertise. — Inappropriate: Unfortunately, some therapists don’t understand the appropriate boundaries of their professions. While a hug or comforting pat may be welcome and needed, if your therapist’s physical contact moves beyond that or if he or

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Same-sex couples still face divorce, child custody issues

Two women who was legally married here in Massachusetts in 2009 are now embroiled in a custody dispute as they go through a divorce in Mississippi. It’s a not-uncommon dilemma for gay couples who faced a patchwork of state laws regarding same-sex marriage prior to its national legalization. Same-sex marriage didn’t become legal in Mississippi until the June 2015 U.S. Supreme Court decision. It was still being battled in the courts until the following month. Although all states now have to legally recognize the rights of gay couples to marry, when it comes to getting divorced, particularly when there are children involved, many find themselves in a legal quagmire. The two women who returned to their home state of Mississippi after marrying in Massachusetts have two children — one adopted and one conceived through in vitro fertilization. However, only one of the women is considered the children’s legal parent. The woman who is not listed as the older child’s adoptive mother and is not the birth mother of the younger child says that the couple raised the children together, but now she has no parental rights, even for visitation. The women separated in 2013, before their marriage was recognized in Mississippi. One served the other with divorce papers in the summer of 2015, after their marriage became legally recognized. As with many divorcing couples, the relationship deteriorated into accusations and counter-accusations. However, unlike many custody disputes, one spouse isn’t recognized under the law as a parent of the children involved.

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Many couples don’t talk about retirement funds

When heading to divorce, one of the most important things to do is to list out all of your assets and your spouse’s assets. To know what a fair split of your property will look like, you need to know exactly what property is there. This is something that sounds easy on the outside. Wouldn’t both people naturally know how much money was in the bank, how much was saved for retirement and how much was invested? You hear stories about spouses hiding money, but they seem curious if you assume that couples talk about money and know what should be there. Well, a new study showed that couples don’t actually talk about this as much as you may think. Couples were asked if they knew how much their partner had saved up for retirement. They weren’t even asked to give an exact figure, but just to give a ballpark number — $10,000, for example, or $200,000. In 21 percent of the cases, they simply couldn’t do it. Experts note that there could be a distinct decision not to disclose these amounts. People may feel that financial information is personal and they’re not interested in opening up all aspects of their lives, even after marriage. However, they do admit that, for some couples, the question just never came up and was never addressed. Regardless, though, this shows how difficult property division can be. It doesn’t matter why you don’t know what your partner has; it just matters that you don’t.

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