As the topics of no-fault divorce and covenant marriages have made their way into the national headlines with the election of a conservative House Speaker, it is worth a quick review of how divorce laws have evolved over time.  Historically, divorce laws allowed divorce only upon proof of fault. Grounds for divorce were enumerated in state statute and included, for example: cruelty, neglect, adultery, abandonment, drunkenness or insanity. In the 1950’s, for example, it was noted that approximately 95% of divorces in Cuyahoga County (Cleveland) were sought on the grounds of gross neglect ..read more

Co-written with Matthew Carroll of Keystone Mediation For many, March is the month couples conclude their marriage. March is infamously known as “divorce month” in family law circles. Statistics show that rates spike in the early months of the year, peak in March, then subside, and rise again in August when children return to school.  Why March? The reasons for the March Madness up-tick in divorce are varied.   The holidays often prove to be a tipping point. While many wish to avoid breaking news of divorce around the holiday dinner table (especially when children are involved ..read more

This article is part of a 5-part series on what divorcing couples might do when faced with the pressing question of what to do with the family home.   This fifth option—swapping the home for other major assets, typically applies when a joint mortgage is not a factor. For example, trading assets may make sense for the fortunate few who do not have a mortgage and own their home outright. Or this option may work for couples in which only one spouse is on the mortgage, yet the home remains a marital asset. This option also applies if one of you wants to refinance without borrowing to ..read more

This article is part of a 5-part series on what divorcing couples might do when faced with the pressing question of what to do with the family home. This fourth option, continued home co-ownership of the family home post-divorce, is gaining traction for one simple reason – interest rates are as high as they’ve been since 2001 and still rising. Due to this unfortunate reality, many couples are considering an option which was once rarely employed – “should we continue to co-own the home and defer a sale until a later date?”  What should we know about home co-ownership post-divorce ..read more

This article is part of a 5-part series on what divorcing couples might do when faced with the pressing question of what to do with the family home.   This third option – assumption of the loan — serves as an alternative to refinancing. Some mortgagors allow one spouse to assume the loan.  A “loan assumption” is sometimes called a mortgage transfer or mortgage reassignment.   With a loan assumption, one spouse requalifies for their existing mortgage on their own based on their assets, debts and credit score. The other spouse will be released from the mortgage. That ..read more

This article is part of a 5-part series on what divorcing couples might do when faced with the pressing question of what to do with the family home.   This second option – a cash-out refinance – can make sense if one spouse wants to stay in the home, and the other is fine to cash out and leave.  What is a cash-out refinance?  With a cash out refinance, you essentially take on a new mortgage that will pay off your existing mortgage and also pay out your spouse’s equity share in the house. It is a new loan that is subject to the current mortgage interest rates.   ..read more

This article is part of a 5-part series on what divorcing couples might do when faced with the pressing question of what to do with the family home. It is a decision many families are grappling with throughout the country.  The numbers help to tell the story: 65 percent of Americans own homes; Americans owe over $10 trillion on their mortgages; home ownership is the average American’s greatest investment; 39 percent of marriages end in breakup with the pandemic causing a spike in divorce.  Add on to these numbers the fact that, at present time, the Federal Reserve has been aggress ..read more

Did you know attorneys fulfill a vital role in divorce mediation? This is contrary to the misconception that spouses can pursue this out-of-court alternative effectively with minimal or no participation from their legal counsel. The attorneys’ roles in divorce mediation include advising the spouses, participating in mediation sessions, and finalizing a mutual settlement agreement. Spouses who believe they can proceed with this process sans counsel endanger the divorce mediation itself. And not only that, but they also risk serious harm to their interests. These risks are not worth the savings ..read more

Don’t let celebrities fool you. Co-parenting entails real work, and the struggle is real.  One of the challenges in co-parenting is getting along with the ex.  So how do some people have this thing down? Well, they suck it up. You don’t have to be BFFs with your ex. But for the sake of your kids, you’ll have to play nice and be a good collaborative partner. True enough, this is easier said than done.  This article will feature tips to help you co-parent with your ex like a rock star. What Does Co-Parenting Mean The best way to put this is children-centered collaboration. Even i ..read more

Divorce is very traumatic, whether you’ve been married for one or 50 years. It can be extremely stressful as you and your spouse separate the assets you accumulated during your marriage. And if you add fighting for custody of the kids, it can be even more exhausting. Restarting your life is challenging enough. What if there is a way to make the divorce process less taxing? Well, there is. You and your spouse don’t have to undergo an arduous legal process. Have you thought about pursuing an uncontested divorce process? In this article, we will explore its benefits. What Is Uncontested Divorce ..read more