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It might seem as if the term “family lawyer” would be used to describe an attorney who works for everyone in a family or a person who is a member of your family and happens to work as an attorney. Though these scenarios are possible, the term “family lawyer” refers to someone who actually specializes in family law. The field of family law relates to topics including divorce, custody, visitation rights, spousal and child support, division of assets in divorce, protection from abuse, and paternity issues.

Many family lawyers choose their field because they want to work with the “human side” of the law. It can be extremely challenging to practice family law because attorneys must connect with and support their clients during very emotional times in life. Family lawyers see people at their best and worst, and help these people transition through some of the most challenging phases of life. Despite its challenges, most family lawyers find a great deal of emotional reward in their work.

What Makes a Good Family Lawyer?
Like all attorneys, some family lawyers are more talented and successful than their peers. The best family lawyers have top-notch skills when it comes to negotiation and litigation. They must be good at time management and understand interpersonal communication. In addition to legal counsel, family lawyers often provide emotional support during a client’s most challenging life events. It also helps if a family attorney has an understanding of financial and real estate laws, though most attorneys have a network of expert resources at their disposal when questions arise.

As families continue to evolve, the practice of family law also changes. Trends in the field of family law include collaborative law, a practice that helps couples divorce and legally separate without traditional litigation. A family law attorney’s role is different in cases where collaborative law is used, as opposed to litigation. In some cases, the lawyer might even act as a mediator and work for both partners, as opposed to representing one or the other.

Nearly 50% of all first marriages end in divorce*. The odds are even greater for second and third marriages. Approximately 40% of all couples in the United States are step couples. The ongoing making and breaking of families creates complicated family ties and creates a need for legal protection as things change. Family lawyers provide the guidance and support these changing families need.

* http://www.smartstepfamilies.com/view/statistics

Blending families is always a challenge, but it is one that most agree is worth it. When families change and parents find new partners with which to share their life, it affects everyone involved. Children must adjust, relationships with former partners might change, and legal issues arise. The social, psychological, and economic challenges are enough to make anyone feel stress, but a little planning and support go a long way. Ultimately, your goal as a blended family is to protect your children, your new partner, and his or her children, and to blend your new family as seamlessly as possible.

What should you know about the legal issues blended families might encounter?

Your Children
One day your children will be entitled to an inheritance from you. Ensuring the assets you want them to have transfer without any legal challenges takes a bit of planning. It is important to speak to an attorney familiar with estate planning, so he or she can help you create a will that addresses these issues. In most cases, your partner or spouse becomes the beneficiary of a significant portion if not all of your estate by default, so if you would like to determine the distribution of your estate, you must take action to ensure this occurs.

Your New Partner
Most couples in blended families tend to combine their wealth. Assets obtained after marriage are in the names of both spouses and partners are listed as beneficiaries on retirement plans and life insurance policies. Keep in mind if you die before changing your beneficiaries and/or without having made specific arrangements regarding changes to your estate; your new spouse and your children could find they are accidentally disinherited. Further you could have a circumstance that your assets pass to your spouse and upon his or her death, those assets could pass to his or her children or even his or her new spouse, if there is a future marriage after you are gone. Chances are you want your new partner to inherit a portion of your estate and you want to protect him or her as much as your children. However, once your family is blended, it is very important you address specific issues concerning your estate. Assets will not automatically funnel to your children as they would if you were married to their mother or father.

Other Issues to Consider
In addition to updating your Will and beneficiaries on various items when your family blends, you will also want to consider a few other important factors. Both you and your new partner should discuss financial goals and make decisions about spending, investing, and saving. Establishing mutual financial goals is a great way to plan for the future and commit to the practical, financial aspect of your new relationship. Take his or her priorities into account when planning. If you both have children, create a fair plan that reiterates you are both ready and willing to provide for and protect your new family.

According to statistics from the US Census Bureau about one third of all marriages include at least one partner who was previously married. This means he or she might bring assets, retirement funds, and children to the new relationship.

If your relationships have led to a complicated family tree, take time to plan your estate and work with a professional who understands the complexities of a blended family.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844

Source:
http://www.census.gov/hhes/socdemo/marriage/data/census/index.html

Dealing with Alternative Lifestyles in Marriage – LGBT and the Law.

In June of 2013, the US Supreme Court issued its decision in the case of the United States vs. Windsor, eliminating from the legal definition of marriage the phrase, “union between a man and a woman.” This ruling meant the widow in the case would not be required to pay $350,000 in federal taxes when her same-sex spouse died because the couple’s marriage was not considered legal in the United States.

The result of the ruling changed how the federal government views same-sex marriages and how laws affect these relationships.

What are some of the most notable aspects of LGBT marriages and the law?

The IRS Now Recognizes All Marriages
No matter whether a couple lives in a state with legalized same sex marriage or not, the IRS recognizes all marriages. The IRS now uses the location in which the marriage was legalized, as opposed to the state in which the tax filers live to determine whether or not a couple can file as married spouses. As long as a couple marries in a jurisdiction that recognizes same-sex marriage, they qualify for federal tax benefits.

The Federal Benefits Now Afforded To Same-Sex Spouses MAY NOT Apply In All States
Despite the federal government recognition of same-sex marriages, the Social Security Administration requires same-sex couples to live in states in which their marriage is legal in order to obtain SS benefits. Spouses living in non-recognition states are not eligible for social security benefits based on their spouse’s work record and will also not be eligible for Medicaid and Supplemental Security Income, Medicare, Family Medical Leave, or Bankruptcy filings.

This does not mean same-sex couples are not entitled to these benefits at all; it simply means they must reside in a state that recognizes their marriage as legal.

Similarly, employment benefits available with a National Corporation may not be the same in states wherein Same Sex Marriages are not recognized.

Additionally, parental rights of a non-biological parent who has not proceeded with a Second Parent adoption may not be recognized in states that do not recognize same sex marriages.

What Happens if the Marriage Ends?
A 2010 analysis comparing divorce rates in states in which same-sex marriage was legal showed a statistically significant relationship between the state laws governing marriage and the decrease in incidence of divorce. There is debate over the various causes for the decrease, but despite there being less risk for divorce, it unfortunately still occurs across heterosexual and same-sex marriage.

Divorce rights for spouses vary from state to state. Further complicating matters, some same-sex couples registered in more than one location to enter into a civil union and/or to marry. Same-sex couples must make sure they end all registrations no matter their location and regardless whether the law changed from the time of registration.

Legally, the situation can become extremely complicated. You might also have more than one option when it comes to ending a same-sex marriage, so it is important to talk to a divorce attorney familiar with the laws in each state, as well as federally.

Some states require that dissolution of the union created in their state occur within their state. This also may require a term of residency in the state where the union was created as a prerequisite to the dissolution within the state.

Finally, keep in mind laws regarding same-sex marriage continue to change rapidly. Before registering to marry, marrying, or deciding to end a same-sex marriage, it is important to understand the various implications, so you know your rights and you can make sure you and your spouse are within the letter of the law.

If you need help in this area or have questions feel free contact attorney SPIRIO at 631-277-8844

Source:
http://www.usnews.com/news/articles/2011/07/06/divorce-rates-lower-in-states-with-same-sex-marriage

Buying and selling real estate is one of the most common things people do as married couples. Families change over the years and as they expand and contract, couples move from one house to the next. They might buy or sell property together as a financial investment or even purchase a second home with plans for the future. In order for buying and selling real estate to go smoothly for married couples, there are a few things they should know:

Financial Pre-Approval is Important
If you are buying real estate, receiving pre-approval for a mortgage is essential. Even if the exact amount you end up borrowing is different than your pre-approval amount, having the “go-ahead” from a mortgage company speeds up the process once you are ready to buy. It also shows sellers you are serious about buying and will be able to make a solid offer if you are interested in their home.

Credit Matters
As part of a married couple, there are several things you should know about credit scores that are different from when you were single. Even after you are married, you will still have an individual credit score. However, both will be taken into account when purchasing real estate.

A couple with two good credit scores is more likely to qualify for a lower interest rate mortgage than a couple with one low score and one high or two low scores. If you have a good credit score and your spouse’s is low, it is possible for you to apply for a mortgage in only your name, but then only your income is taken into account. This means the mortgage amount for which you will be approved is much lower because your spouse’s income is not considered.

Selling Real Estate Requires the Approval of Both Owners
When the time comes to sell real estate that is jointly owned, both owners must approve the sale. For example, if you want to sell your home and your spouse is unwilling to sign a listing contract, you cannot legally make the sale. Typically, this is not a problem for married couples, but it can cause issues when couples are separated or planning to divorce.

Furthermore, tax issues arise when property is sold by a married couple, as opposed to a single. For example, IRS Code section 121 allows homeowners to exempt the first $250,000 of capital gains when selling their primary home, but that amount is doubled to $500,000 when the sellers are married. Tax issues change somewhat frequently and have drastically changed in recent years, so it is important to consult a tax expert if you have recently sold your home.

Buying and selling real estate are important decisions and have a major effect on your financial status. If you and your spouse are thinking about buying or selling property, speak with an attorney or real estate professional before moving forward.

Alternative Dispute Resolution (ADR) is quickly becoming one of the most popular methods for resolving legal disputes. Instead of pursuing a lengthy trial that is expensive and can result in an outcome with which nobody is happy, ADR offers more efficient options for settling disputes. One of the more common ADR methods is mediation.

What is Mediation?
Mediation is a way to settle a dispute without litigation. It involves the disputing parties and a neutral third-party mediator. Often, disputes are settled in as little as a single mediation session, which might last only a few hours. Disputing parties have complete control of the resolution and the mediator is there only to ensure the resolution is legal and that the parties use effective communication and remain focused on resolution. Essentially, the mediator facilitates discussion so disputing parties can resolve a problem. If disputing parties believe they will need additional support during the mediating process, they have the option of choosing collaborative mediation. Like basic mediation, this process is efficient and keeps the control in the hands of the disputing parties, but it provides them with the support of a team of experts that offer counsel during the process. Each party can have his or her own legal representation, and other professional experts might also play a role in the process, including those familiar with financial, psychological, or real estate issues.

What are the Benefits of Collaborative Mediation?
In general, mediation is beneficial because it saves time and money. Collaborative mediation offers these benefits, but it is a better solution when cases are complex or when disputing parties are uncomfortable making legal decisions without sufficient resources. Collaborative mediation is solution oriented with the party’s needs and desires dictating a resolution. Although the parties may be represented by attorneys this is not an adversarial process but again a solution oriented process. For instance, if decisions are to be made during mediation about splitting marital property and the mediator is not an expert in real estate law, collaborative mediation allows an attorney or a real estate expert to provide information during the mediation process. Collaborative mediation is especially helpful during divorce proceedings because there are so many sensitive issues at play. Approximately 40% of divorcing couples are parents and just as concerned about the well-being of their children, as they are for their own. As parents you will always be connected in some fashion to the father or mother of your children. Both Mediation and Collaborative mediation help salvage a working relationship between the parties and provide the tools to go forward in the future. Divorce proceedings include a variety of issues and having expert advice from various fields helps make the decision-making process easier. According to Divorce Magazine, the average length of divorce proceedings is one year. Mediation can shorten this transition period, making it possible for families to move forward and begin their new lives. If you are involved in a legal dispute and you believe traditional litigation will do more harm than good, mediation is an option. Collaborative mediation provides a way to settle a dispute efficiently, but without the uncertainty you might feel using basic mediation.

What are the Real Implications of the Supreme Court’s Ruling on DOMA?
The Federal Defense of Marriage Act, usually called DOMA, is a multi-section law enacted in 1996 permitting states to make legal decisions concerning same-sex marriages. Section 3 of DOMA related specifically to federal benefits and until June of 2013, barred same-sex spouses from receiving the benefits for which other married couples qualified. By striking down DOMA, the Court ordered the federal government to leave the definition of marriage to the States. The Supreme Court ruling was in response to a specific case, but its implications were a major step toward equalizing the availability of federal benefits. However, there are still challenges for same-sex married couples depending on the state in which they live and whether or not that state recognizes their marriage. Many couples have traveled out of state to be married, but continue to live in states where same-sex marriage is not allowed. According to the Human Rights Campaign there are 1,138 benefits, rights, and protections provided on the basis of marital status in federal law. Many federal agencies determine whether or not spouses are entitled to benefits based on whether their state of residence recognizes the couple as legally married.

Tax Implications
The biggest tax implication of the Supreme Court’s DOMA decision is that the marital deduction now applies to same-sex couples, and spouses are permitted to transfer assets to each other tax-free when they are living or after they die. Same-sex couples are also entitled to file a joint tax return. Couples might also be permitted to amend previous tax returns within the statute of limitations. These changes mean same-sex couples are also vulnerable to the tax penalties that come with marriage. Higher tax rates kick in lower for married couples than they do for singles. Additionally, issues might arise due to recent tax changes regarding the Affordable Care Act, changes to the maximum tax rates under the fiscal cliff deal, and the recent resuscitation of the limitation on personal and itemized deductions of high earners. Now, same-sex couples will struggle with the same marriage tax penalty pitfalls as male-female couples. It is important to consult with an experienced accountant to better understand the tax implications benefits and pitfalls.

Implications for Employers
Additionally, federal benefits that apply to an employee’s spouse now extend to same-sex spouses in marriages that are legally recognized. Employers employing people who are part of same-sex marriages will need to evaluate their current retirement benefits, health benefits, and family leave programs. Federal tax law now treats health benefits for same-sex couples the same as the employee’s health insurance – meaning it is tax-free and no longer requires payroll tax deductions. It might also be necessary for employees to change beneficiaries since legal spouses are default beneficiaries. COBRA and family medical leave benefits also now extend to same-sex couples. There are state-to-state variations, so it is important for same-sex couples and those working with same-sex couples to ensure they fully understand the effects of the new law. If you have questions, consult an attorney familiar with DOMA regulations.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

Marriage is a challenge and not all couples are meant to stay together forever. According to the Forest Institute of Professional Psychology in Springfield, Missouri, half of all first marriages end in divorce. Data also shows people are not learning from their mistakes – second marriages tend to end at a rate of more than 65% and nearly one-third of all third marriages end in divorce.

Fortunately, legally ending a marriage and starting a new life is an option, but the process can be complex. If you are considering divorce or you and your spouse have decided the time has come to end your marriage, there are several things you should know concerning your marital rights:

No-Fault Divorce is an Option
No-fault divorce refers to the ending of a marriage where neither party is accusing the other of marital misconduct. If you and your spouse simply grow apart or determine together for whatever reason you no longer wish to be married, no-fault divorce is the best option. Both parties are held equally accountable for the end of the marriage.

Marital Misconduct Plays a Role in Divorce Settlements
Should your desire to divorce arise because of some transgression committed by your spouse, you have the right to assert marital misconduct. This might entitle you to a greater settlement in the divorce. Examples of marital misconduct include abusive behavior, adultery, addiction to drugs or alcohol, or economic fault. Keep in mind these transgressions can also affect child custody, as well as the division of marital assets and spousal support.

It is within the Court’s Power to Force an Attempt to Reconcile
As much as either you or your spouse might want to end your marriage, the court system does have the power to order reconciliation if you or your spouse denies the marriage is irretrievably broken. There are also instances in which an attempt to reconcile is ordered if there are minor children in the family.

Typically, the court delays divorce proceedings for a few months, during which time couples are required to attend counseling or mediation. It does not mean the court can force you to stay married forever, but it can delay the divorce and require that you make an effort to repair your marriage.

If you are considering divorce or you have questions about the best way to end your marriage, it is important you speak with a qualified divorce attorney. He or she can guide you toward the right decisions and ensure your rights are protected during the divorce process.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

It might seem as if the term “family lawyer” would be used to describe an attorney who works for everyone in a family or a person who is a member of your family and happens to work as an attorney. Though these scenarios are possible, the term “family lawyer” is actually someone who specializes in family law. The field of family law relates to topics including divorce, custody, visitation rights, spousal and child support, division of assets in divorce, protection from abuse, and paternity issues.

Many family lawyers choose their field because they want to work with the “human side” of the law. It can be extremely challenging to practice family law because attorneys must connect with and support their clients during very emotional times in life. Family lawyers see people at their best and worst, and help these people transition through some of the most challenging phases of life. Despite its challenges, most family lawyers find a great deal of emotional reward in their work.

What Makes a Good Family Lawyer?
Like all attorneys, some family lawyers are more talented and successful than their peers. The best family lawyers have top-notch skills when it comes to negotiation and litigation. They must be good at time management and understand interpersonal communication. In addition to legal counsel, family lawyers often provide emotional support during a client’s most challenging life events. It also helps if a family attorney has an understanding of financial and real estate laws, though most attorneys have a network of expert resources at their disposal when questions arise.

As families continue to evolve, the practice of family law also changes. This includes handling the issues of same sex unions and their resulting families, for which the traditional legal system is still adjusting. Trends in the field of family law also include mediation and collaborative law, a practice that helps couples divorce and legally separate without traditional litigation. A family law attorney’s role is different in cases where collaborative law is used, as opposed to litigation. In some cases, the lawyer might even act as a mediator and work for both partners, as opposed to representing one or the other. It is important to find an attorney that you are comfortable with but has training in these areas. More divorce attorneys are representing that they will follow a collaborative approach but do not truly understand the dynamics nor have they been trained in this discipline.

Nearly 50% of all first marriages end in divorce. The odds are even greater for second and third marriages. Approximately 40% of all couples in the United States are step couples. The ongoing making and breaking of families creates complicated family ties and creates a need for legal protection as things change. Family lawyers provide the guidance and support these changing families need.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.