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Divorce - Get The Legal Help

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1. Is Divorce Mediation Right for You? 2. Military Divorce. 3. Understanding A High Net Worth Divorce. – PowerPoint PPT presentation

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Title: Divorce - Get The Legal Help


1
Divorce!
  • Get The Legal Help

2
Synopsis
  1. Is Divorce Mediation Right for You?
  2. Military Divorce
  3. Understanding A High Net Worth Divorce

3
Is Divorce Mediation Right for You?
  • Mediators vs. Lawyers
  • Mediation is not for everyone. If a divorce is
    particularly contentious, the odds are, mediation
    is neither viable nor practical. A mediator
    cannot take sides, nor can they give either party
    the kind of personal legal advice that many
    people seek during a divorce. A mediators job is
    to determine and establish a final outcome that
    is fair to both parties, whereas an attorney
    individually representing you will fight to make
    sure that you, the client, are getting the best
    settlement possible.
  • Why choose Mediation?
  • So, why do so many couples choose to go through a
    mediator? Mediation can spare you time, money,
    and several stressful court appearances. It is no
    secret that divorce can get highly emotional, and
    with mediation, many of the typical headaches
    associated with divorce can be avoided. A good
    mediator is fair and impartial and will look at
    both sides of the marriage, conducting a careful
    evaluation of everything from the length of the
    marriage to each partys earning capacity and the
    couples net assets using this information, the
    mediator can determine the cleanest way to
    dissolve a marriage while addressing the needs of
    both parties. This can mean avoiding rehashing
    any painful, troubled times, assigning blame, and
    making hasty decisions during a sensitive time.
    Mediation can also be a good way to resolve child
    custody disputes without the need for an intense
    litigation often traumatic for minor children.

4
Military Divorce
  • Established policies
  • Many established policies are in place with
    regard to military divorce, which is why it is
    beneficial to consult with an expert who is well
    versed in the 10/10 rule, the 20/20/20 rule, the
    Uniformed Services Former Spouses Protection Act
    (USFSPA), the division of military pay and
    pension, laws regarding child support, the
    division of shared assets and so forth. You and
    your spouse (or former spouse) are entitled to
    many benefits regardless of the status of your
    marriage, from healthcare to retirement payments.
  • Service of process and other legalities
  • In a civilian divorce, one party has his or her
    spouse served with a divorce summons and
    complaint by a process server or indifferent
    person. The party served has a given amount of
    time to respond, which varies from state to
    state. Typically, the summons and complaint
    contain a return date, a deadline by which the
    served original documents must be filed with the
    court. This, in turn, determines the deadline by
    which the respondent must file a legal appearance
    and, in some cases, an answer to the complaint.
    However, service members on active duty are
    afforded certain exceptions to such rules,
    including additional time to respond to the
    summons and complaint as well as other benefits.
    Additional time is also afforded to seek out
    legal representation, which can often be a
    hardship for a person on active duty dealing with
    preserving national security, let alone finding a
    civil attorney.

5
Military Divorce
  • Understanding your rights
  • It is highly recommended that in the event you
    are involved in a military divorce, you meet with
    legal counsel to understand the laws that are
    established and already in place, as well as the
    different factors that can affect the outcome of
    your divorce such as the length of your marriage,
    the amount of time spent in the service, whether
    you have children and so forth. The Department of
    Defense has extensive, detailed policies designed
    to establish the rules governing military
    divorces, and while they are designed to be fair
    and beneficial to both parties (and any
    dependents involved), the rules can be difficult
    to understand. Comprehensive, complex and
    variable based on an assortment of factors, it
    can be hard to navigate through even an amicable
    dissolution of marriage without the help of legal
    counsel. Federal and state regulations also play
    a role in the divorce process based on where the
    couple is domiciled. To understand the most
    efficient, least expensive, fairest, and
    essentially painless way to get through the
    military divorce process that ends with a
    positive outcome for both parties, meeting with
    legal counsel is well worth the cost of
    representation.

6
Understanding A High Net Worth Divorce
  • High net worth divorce
  • A high net worth divorce is, as the term
    suggests, the legal termination of a marriage
    between two individuals who collectively meet a
    monetary standard. The complexity and process of
    a high net worth divorce can vary greatly, from
    an amicable, no-fault divorce to an arduous,
    drawn out legal battle. With so much money at
    stake, the latter is much more common. As such,
    many individuals with great disparities between
    their own net worth and that of their partner
    choose to sign prenuptial agreements prior to
    marriage in order to protect their assets from
    being divided in the event of separation.
    Prenuptial agreements are not romantic, but they
    are a pragmatic, necessary measure. High net
    worth divorces are often more complex than
    typical divorces, with attorneys dividing
    inheritances, estates, trust funds, global
    properties and so forth.
  • The statistics
  • Approximately 50 of marriages end in divorce
    regardless of net worth. In the United States, an
    estimated 2,400 divorces take place every day.
    Like the rest of the population, high net worth
    individuals are just as susceptible to divorce as
    everyone else. Despite efforts to save a marriage
    and the best intentions of both parties, some
    marriages simply come to a natural end. Whether a
    divorce is contentious or not depends on a
    multitude of factors, but when large sums of
    money are being disputed, a divorce can become
    heated.

7
Understanding A High Net Worth Divorce
  • Professional recommendations
  • While a prenuptial agreement might theoretically
    go against the principle of marriage as the
    joining of all things, it can be the key to
    avoiding a long, drawn out, upsetting and
    expensive court battle. Some divorces can take
    years to reach a settlement. Many attorneys who
    specialize in family law recommend consulting
    with a professional before entering into a
    marriage to draw up some sort of agreement. Of
    course, a prenuptial agreement does not increase
    the odds that a marriage will fail, but in the
    event that a marriage does break down, a prenup
    can save both parties a lot of time, money and
    heartache. While prenuptial agreements are not
    iron-clad and can certainly be disputed in a
    court of law, they serve to protect the interests
    of both parties so that a fair and reasonable
    settlement can be reached in the event of
    divorce, whether among high net worth individuals
    or couples with an average household income.

8
  • For more details, please visit
  • https//www.eidelmanassoc.com/articles/

Eidelman Associates 1248 Hamilton
Street Allentown, PA 18102 Phone 610-437-7850
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