Who Gets the Rings after a Divorce?
November 25, 2013 | Elizabeth A. SchadingSometimes, wedding and engagement rings are worth quite a bit of money, leading clients to ask us who might receive those rings in a divorce settlement. The answer is more complicated than you might think. It’s usually a decision tinged with emotion for the parties, and timing for the court. Engagement rings are typically given prior to the wedding. However, if the ring is not entirely paid for by that date, it may be paid for after the wedding with marital funds. Then, it would be part non-marital gift, and part marital. The same financing may be true of wedding rings. Thus, an analysis of payment and timing of payment will be relevant. It can be even more complicated if the ring has been handed down through the family, and now an heirloom could end up with a non-relative – the ex-spouse. Other jewelry is typically a very different matter, even if that jewelry was originally a gift given to a spouse during the course of the marriage. Other jewelry is marital property and is typically divided up appropriately. If there are particular pieces that you feel strongly about holding on to then you will want to be sure to discuss those pieces with your family law attorney, just as you’d discuss any…
Read MoreHow Do Courts Determine Custody of Unborn Children During a Divorce?
November 21, 2013 | Elizabeth A. SchadingA father’s claim to custody rests marriage or a determination of paternity. Paternity is difficult to establish before a child is born. Sometimes, a court will not enter a divorce decree until the child is born. After birth, the judge will determine custody according to the court’s understanding of what would be in the best interests of that child. Keep in mind that the court’s preference is to help both parents maintain a relationship with their children. It’s not a bad idea for either parent to start thinking about how they might work to facilitate such a process. A divorce that involves an unborn baby can be particularly emotional and difficult to navigate for either parent. Make sure you have a qualified family law attorney on your side. Contact Barna, Guzy, and Steffen to discuss your divorce case today.
Read MoreHow Can I Contribute to the Success of Divorce Mediation?
November 18, 2013 | Elizabeth A. SchadingDivorce mediation can be an excellent process for reducing costs and increasing the chances of creating a divorce outcome that is livable for everyone. That is not to say that the process is easy, or that it does not carry some unique pitfalls. If you’re asking yourself what you can do to make the process more successful, however, then you are already on the right track. Create a list of reasonable goals. Know what you want this mediation to achieve. Write these goals down. If you don’t know where you’re trying to go then it will be harder to be productive. That doesn’t mean that it will be possible to meet each and every one of your goals exactly as you envision them. But if they are reasonable they at least give you a starting point. Shift your mindset. In a divorce, it’s very natural to start looking for who is at fault. But that attitude is counter-productive during the divorce mediation process. You need to release any need to get revenge, assign blame, or cast yourself as the victim. There is a problem before you and your spouse. The mediation process is successful only when you focus on solving that problem instead of picking apart the events that brought you to the…
Read More