Wednesday, June 9, 2010

Honesty During a Divorce

This is probably something most people going through divorces would never consider, but it does come up. Failing to disclose assets can have a disasterous effect. The courts may even go as far as ordering all assets hidden be awarded to the other spouse. I would urge anybody going through a divorce to be open and honest about property. I have seen bad situations where one spouse clears out accounts and hides money. This accomplishes absolutely nothing and only creates more fighting and the court will find out everything.

I was faced with an interesting question on this topic. I am very happy the person was confident enough to ask about so we could work through his problem in a legal manner. He had inherited a piece of property that had significant value and he planned on not disclosing it during the divorce. He felt it was his and his wife was not entitled to it.

He was right but did not know it. Items you inherit are your separate property and do not need to be divided upon divorce. His feelings were justified and he was right that she was not entitled to half. However if he would have just went though with his first intention to hide the asset it would have likely led to fighting and created a lot of difficulty for him.

Remember that this process is meant to be fair. If you have a genuine issue with something, it is best to let it come out and find a fair determination. Often your concerns and feelings are correct and there is a mechanism in the legal system to protect your rights. An honest and straight forward approach may likely lead to the same outcome and reduce animosity instead of create more.

Wednesday, June 2, 2010

The Affect Age and Money have on Marriage and Divorce

So we have all heard the phrase 50% of marriages end in divorce, but it simply is not that simple. Divorce is a reality that many couples face but outside factors have a drastic effect. A study by University of Pennsylvania's Wharton School found the following:

81% of couples that were college grads over the age of 26 were still married after 20years.

65% of couples that were college grads under 26 were still married after 20 years.

49% of couples that were not college grads and under 26 years old were still married after 20 years.

So the question is what does this all mean. Obviously you can get married at 18 years old and have a perfectly happy marriage. However it appears that a 26 year old is in a better position than an 18 year old to choose a compatible partner. This should be fairly obvious. At the age of 18 we are still learning who we are so how could we know what we need in a partner.

As far as college education goes it shows what a stress finances can put on a marriage. Money can be the source of many fights. Couples who would have lived perfectly happy marriages if finances were not an issue may find themselves considering divorce because the fighting. It is a solemn idea to think money can derail what would be a perfectly happy marriage but it does happen.

It is important for couples considering divorce to understand their motivations. It is very common people got married too young and ended up married to a person they simply are not compatible with. If this is the case a divorce may seem like a logical step to start over and allow both people to use their new found maturity to find a more compatible partner.

On the other hand if your motivation to get divorced is based on fighting caused my financial stress then you should consider alternatives. It may be possible that the fighting has gotten so bad that resentment and anger are the true issues now. However if the fights are still financially driven then looking for help with finances may be more effective than a divorce.

Divorce is not a bridge that should be crossed lightly, but sometimes it may be for the best. I urge couples to look at the source of their problems before making a decision.