Separation & Divorce
Are you considering divorce or a separation?
We recommend that you get legal advice if:
- Your partner has hired a lawyer
- There are significant assets or debts involved
- One partner makes significantly less and alimony might be a factor
- Your spouse is hiding assets or income
- Your partner is domineering – are you afraid to speak up or voice opinions?
- There is a history or threat of domestic violence towards you or the children
- There is drug or alcohol addiction
Are you MARRIED and DIVORCING, or NON-MARRIED and SEPARATING?
The law is DIFFERENT, depending on each of these situations!
If a married couple splits, they share marital assets and debt 50/50.
If you’re married, separating, but NOT divorcing, the law still considers you married. So new assets or debt may belong to both parties. Are you protected if your separated spouse buys a new car, maxes out credit cards, or empties banks accounts? If you buy a new home or start a business can your separated spouse claim the new asset?
The law is different for separating non-married couples. The law does not recognize the relationship, so if a non-married couple splits, there is little protection for the weaker partner. In this case “what’s mine is mine and what’s your is yours”. If the asset isn’t in your name but you helped buy the car or remodel the house, the law doesn’t recognize your contribution. If your partner isn’t reasonable, you’ll have to use the legal system to get what’s yours.
Is it better to use a mediator for divorce or separation?
The goal of a mediator is to get an agreement – any agreement! The mediator isn’t there to advise you or make suggestions. If you mediate an agreement, there’s no going back. It’s harder and more expensive to try to fix problems then avoid them in the first place. And there may be situations where you CAN’T undo the damage.
This is an extremely emotional time and there’s so much at stake. Do you really want to risk your future and your children’s future to a situation without the right information and someone on your side?
Working with a lawyer AND a mediator can give you the best of both worlds. At Sneider Law, we work with great mediators to resolve as many issues as possible without going to court. We’ll avoid court where we can to minimize your expense while still getting you the best possible outcome.
Divorcing older couples face a unique set of issues.
Divorce for longer married couples can have more issues with fewer years to recover and rebuild. It may affect your ability to retire, alimony considerations, social security, health care, retirement accounts, pensions, inheritances, and other assets. We’re seeing more and more “Boomers” who finally want to live the life they want, but need to ensure they have the assets available to do this. We can help.
Divorce or Separation Questions? Need Help?
We’ve been helping good people facing tough situations for twenty years. Most likely, we’ve helped someone you know. We can help you too. For a question or a consultation, call 863.467.6570.