What is Divorce Mediation?
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
9h ago
One of the most popular out-of-court options is to resolve divorce issues through the divorce mediation process. Divorce mediation is a voluntary process for couples who seek an efficient, yet fair, divorce process. Mediation is a facilitative process that allows individuals to control the outcome. The mediator is a neutral, third-party professional who keeps spouses focused on the goal of a fair outcome, not battling over past resentments. During divorce mediation, the mediator guides couples in addressing all the issues associated with divorce, including the division of property, the allocat ..read more
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Financial Risks for Women in a “Gray Divorce”
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
1w ago
Breaking up after 50 can be costly, especially for women. A sobering statistic: divorce has become twice as likely for couples over 50 in the last fifteen years. Furthermore, two of every three of these divorces are filed by women. Another sobering statistic: in heterosexual relationships, gray divorce typically has more negative implications for women than for men. Studies suggest women’s household income generally drops between 23% and 40% in the year after a divorce. The economic effects are less severe for men, with some studies showing their income may even rise after a breakup. Those fin ..read more
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8 Effective Strategies for Surviving a High-Conflict Divorce
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
2w ago
There’s bound to be some conflict when a marriage ends. For spouses who decide to go through a divorce, they should be aware that there are different levels of conflict and unmanaged emotions that can come up during this process. High-conflict personalities might have a more difficult time when it comes to disentangling their marriage. A high-conflict divorce is a situation where the divorcing couple experiences intense emotions and their separation is anything but amicable, often due to high-conflict personalities. The term high conflict divorce is used to describe divorces where one or both ..read more
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How to Use Text Messages and Emails in Your Divorce Case
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
3w ago
Text messages and emails have become common and accepted forms of evidence that can be used in your divorce case. How you secure such evidence can be critical in obtaining desired results. What Should You Document? You should document both sides of a conversation as simply presenting one side dilutes its relevance to the Court. Only presenting one side of the conversation also makes it difficult for the Court to understand the context of the text message or email. The other side can also suggest to the Court that the one text message or email presented was selected to point out the worst of th ..read more
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8 Tips for an Amicable Divorce
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
1M ago
Divorce is commonly regarded as one of the most stressful experiences a person can experience as an adult. Going through a divorce is an emotionally challenging time as you need to make decisions regarding your children, your finances, and your future. However, divorce doesn’t always have to be filled with conflict and animosity. When both spouses approach the process with insight as to why the marriage is ending and understand the needs of each spouse at the end of the case, an amicable divorce can be achieved. An amicable divorce is more likely to be a peaceful process in which each party is ..read more
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Social Media and Court Are a Bad Combination
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
1M ago
It should come as no surprise that, given how much of our lives now takes place on social media, that those activities would impact the outcome of a divorce or child custody case. It may surprise people to learn how that social media activity ends up hurting an individual’s case. Facebook. YouTube. WhatsApp. Instagram. TikTok. Snapchat. Twitter. We share so much information on social media. We post everything from our daily life to important events, achievements, celebrations, and even life’s tragedies. We constantly communicate with society through ..read more
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How to Value a Small Business in a Divorce
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
1M ago
Over thirty million small businesses currently operate in the United States, and many of these “mom and pop” shops end up the subject of divorce when “mom and pop” decide to end their marriage. Sometimes, the parties need to determine if the business can continue if both play key roles in its operation. If not, the business may need to be sold and the parties would share the proceeds as a marital asset, subject to any separate property distribution that may be necessary as a result of one party using premarital funds to start the business. But when the business may continue with the operation ..read more
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How Divorce Impacts Your Taxes
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
1M ago
Yes, it is that joyous time of year when we all must pay our federal and state income taxes, and for newly divorced persons, with or without children, the sudden change in status could have very real consequences for your financial bottom line with Uncle Sam. So, we thought we would offer some helpful hints as you sort through your receipts and sharpen your pencils (mechanical or electronic). Filing Status First, the most important fact to address is your filing status. If you were divorced during 2023, you cannot file as a married person anymore. It may seem obvious, but many people wond ..read more
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4 Tips for Estate Planning During and After a Divorce
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
2M ago
In entering a final judgment of dissolution of marriage, a court reshuffles the marital estate. Property that used to be jointly held becomes the separate property of one or the other spouse. Often, this reshuffling could impact specific bequests in a will and would need an amendment to correct. But the greatest reshuffling occurs by the fact of divorce itself – a couple is no longer husband and wife, and each has forfeited by law claims to the estate of the other unless the court provided otherwise in the judgment of dissolution of marriage. So, for example, in a simple will where a spou ..read more
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Domestic Violence and Divorce
The Marks Law Firm | Family Law & Child Custody Lawyers
by Jonathan Marks
2M ago
Domestic Violence, whether physical abuse or another form of harm, may lead to or stem from divorce proceedings. In Missouri, as in every state, courts must take allegations of domestic violence seriously. At the same time, courts must not assume that an allegation is true just because a party to divorce makes the allegation; rather, the party making the allegation must prove by a preponderance of the evidence (in a divorce case) that the incident did occur. Domestic Violence (or Adult Abuse) is commonly associated with physical abuse, such as hitting or kicking a spouse. However, the term dom ..read more
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