May 13, 2013

Five Best Choices You Can Make When It Comes to Your Divorce – If you are contemplating a divorce or are in a period of separation, it can be a scary time in your life. There are many uncertainties: What about the kids? Who gets the house or car? How will I be able to live? How does all of this work? In the past, it has been the case that a divorcing couple would each seek a lawyer, and go out to battle. A long, expensive, painful battle. It does not have to be this way. Many divorcing couples these days use mediation as a dignified, reasonable and affordable way to divorce, without war and disaster. You will be keeping your costs down (mediation is only a fraction of the cost of litigation), you will be keeping your conflict down, and together with your mediator you will both be able to make good decisions about your finances and your kids.

Mediation Myths and Misunderstandings – That May Affect Your Decisions in Divorce    The decision to divorce is probably one of the most important — and most difficult — decisions one will make during the course of a marriage. The unknowns and avalanche of effects falling like dominoes are often too overwhelming for one person to handle: “How do I start the process? When is the best time for me to initiate the divorce? If and when I make the decision to divorce, should I litigate or mediate?” It can be mind-boggling.

May 6, 2013

You can apply for probate even without a copy of will – Probate may be granted of will’s contents if they can be established by evidence.

Mortgage Delinquencies, Foreclosures Fell in March – The latest data from Lender Processing Services Inc. (NYSE: LPS) shows that the total U.S. mortgage loan delinquency rate has fallen from 6.8% in February to 6.59% in March, and that mortgages in foreclosure have declined from 4.19% to 3.37%. A total of 4.997 million mortgages — 9.96% — are now delinquent or in foreclosure proceedings, down from 5.589 million in March of 2012.

Using Mediation to Enforce a Divorce Decree

Using Mediation to Enforce a Divorce Decree

As difficult as a divorce decree might be to achieve, it can end up being even more difficult to enforce. Whether it’s neglect in paying off debts or a failure to divide a retirement plan, agreements reached in the heat of a divorce settlement are often ignored (whether intentionally or unintentionally) after the dust of the battle finally clears. The result is a decision that isn’t an easy one to make, particularly if a couple is co-parenting children and wants to keep their relationship as amiable as possible for that reason.

That decision is to either request that the court hold the ex-spouse in contempt or find another way to deal with the negligence, such as mediation to enforce the divorce decree. Obviously, many people find the latter route more appealing, especially if it includes maintaining a relationship with each other that has some semblance of respect.

When initiating mediation under such circumstances, it’s important for the negligent spouse to realize that he or she could be held in contempt. With this realization, along with the details of what such a judgment could mean, the negligent spouse will be much more willing to approach the mediation procedure without hostility. Learning that contempt of court is a criminal proceeding can be just the incentive needed to get the ball rolling in a successful mediation process.

There are instances, however, when (for whatever reason) one spouse might be willing to accept the criminal consequences of failing to follow a divorce decree. In such circumstances, mediation is likely to be a more difficult task, since hostility is already present to a large degree. In situations like these, it might befit the progression of the talks to explain that the court can also seize property to satisfy the decree. When this happens, the courts can appoint a receiver to seize the property, sell it, and use the proceeds of that sale to pay the ex-spouse what is decreed.

Put simply, mediation to enforce a divorce decree that has been neglected can be an easy process or a complicated process, depending on how well the clients understand what is at stake if they fail to resolve the matter in mediation. Usually, if the mediator makes a point to show the reality of the situation as seen through the eyes of a court of law, tensions will turn into cooperation quickly. This dialogue should be the primary and initial goal of the mediation proceeding—the result of the mediation will more often than not depend on how well this first goal is accomplished.

April 29, 2013

Why Doctors Are Sued – Using the National Practitioner Data Bank, which records actions taken by state licensing authorities against health care practitioners, researchers found that 28.6 percent of malpractice payments are for diagnostic mistakes.

Is the Way We Divorce in America About to Change? – For more than four decades, Americans have by and large ignored the devastating consequences of divorce on our nation’s families. So in 2011 we launched the Coalition for Divorce Reform (CDR), a non-partisan coalition of divorce reform leaders, marriage educators, domestic violence experts, scholars and concerned citizens. Our goal? To increase awareness of the negative impacts of divorce, encourage debate about solutions, and most important, to support passage of divorce reform legislation.

April 25, 2013

Will my Husband’s Business Card Debt Hurt my Credit After Divorce? – Nine states — Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin — are “community property” states, meaning that property or debts accumulated by either partner during a marriage belong to both partners and would be divided evenly if the marriage ends. (Alaska is an opt-in community property state.

8 Ways to Escape Workplace Stress – Stress. Just seeing the word gave you anxiety, didn’t it? Sure, everyone has their own variation of stress and it holds more weight in some areas of our lives more than others, but needless to say mostly everyone feels it on a regular basis. For entrepreneurs, it’s more like every couple of hours (or minutes) that we’re confronted with this six-letter word.

April 22, 2013

Study predicts rise in healthcare cost growth by 2019 – A stronger U.S. economy will contribute to a rise in the growth of healthcare costs over the next six years, ending the current record-breaking slowdown, according to a new study.

For Many US Households, Bank Account Is a Luxury – There are plenty of reasons people still live all-cash lives, but the sheer number who do it might surprise you. At a time when the majority of Americans use online banking, and some even deposit checks using their cellphone cameras, roughly eight percent of America’s 115 million households don’t have a checking or savings account, according to census data compiled by the FDIC.