How to Plan a Vegas Wedding That Does Not End in Divorce

Plenty of people decide to tie the knot in Sin City. Some of them make the decision while they are there and it is done on a whim, but many people intend to get married months in advance and that is the location they choose. If you are planning a Sin City wedding, there are some things you should consider before doing the deed. You do not want things to end with a divorce attorney or divorce lawyer, so make sure you carefully consider what you are doing. This goes for the marriage and the wedding. There is no sense in getting things off on the wrong foot, so plan carefully, make your choice sand get ready to enjoy a great experience. When planning your wedding in Sin City, remember your guest list will likely be smaller. This can avoid a lot of fights because if people just will not travel, they will not be coming to the wedding. The venues for the ceremony and reception may be smaller too. Many of the chapels in Sin City can only accommodate fifty or sixty people, so that will automatically limit the guest list. This can be a blessing in disguise or it may lead to some hard feelings, so make sure you and your partner discuss things carefully before making your final decision. Plan to be pampered during your wedding trip. For most people, this is going to be great news. You are spending a great deal of money for your wedding and the service-oriented industry in Sin City will reward you for it. However, some people are turned off by all of the attention. There are still ways to plan a wedding there, but opt for a smaller, less expensive venue. This way you will just be another bride and groom and nothing truly special. However, if you want to be special, and you should, this is the place to get what you want. Just like you would for a wedding at home, set a budget. Remember there will be extra expenses for a Sin City wedding because you will have to travel. You may want to cut out or postpone a honeymoon and just spend a few extra days in town to cut down on the cost. You can also choose an inexpensive hotel if you want to make things cheaper. Do not forget that the guests you do invite have traveled a long way to be with you, so treat them right and reward them for their efforts. Even if you want to not go overboard, remember it is your wedding. Splurge on a few things to make the experience memorable and enjoyable. Hopefully, it will be your last wedding, so you want to live it up and celebrate. Plan a nice meal out following the ceremony with your guests and a romantic dinner alone later in the trip with your new spouse. Also consider splurging on a great suite while in town since you will be preparing for the wedding in your room.

Choose the Right Divorce Solicitors Firm For Quick and Simple Divorce Rhode Island Divorce From Soup to Nuts by a RI Attorney

Divorce records are easily accessed from the record office located in the reason where the divorce was settled, the divorce records are generally easy to access. Depending on the state or county where the divorce was settled earlier. It’s the responsibility of the lawyer or attorney to access a copy of divorce report to you. If a need arises when one has to request the copy of divorce to crosscheck the divorce background of someone, he can visit the state or county courthouse where their divorce was settled and can simply ask for the copy of divorce record for reference. Men sometimes have great financial difficulties affording child support, but statistics show it’s newly single mothers that have the most money problems. This is especially evident when a woman must suddenly afford childcare or is swept into a new work environment; kids typically must adjust to a lower standard of living, just like their parents, after a divorce. Another trick, especially for a spouse who manages property or a business, is to take steps to devalue the property over time, so that when it comes to allocate the value of the asset, the managing spouse gets the benefit of the lower value. This may include allowing rental property to remain vacant or in disrepair. Another example is to contact a business’ customers to defer payments of accounts receivable until after the divorce is finalized. Then when the accounts are finally paid, the managing spouse gets the benefit of the cash, and also the increased value of the business now with current accounts. In making decisions regarding legal and physical custody, the Courts in Minnesota will consider the best interests of the children. It is presumed that joint legal custody is in the best interests of the children. However, judges are more reluctant to award joint physical custody absent an agreement between the parents that such an arrangement is in the best interest of their children. Does the mail come to your home? If not, that could be a red flag that your spouse doesn’t want you to see certain incoming statements. Often, however, the spouses disagree about the terms of the divorce, which can lead to stressful and expensive litigation. Divorce mediation is an alternative to traditional divorce litigation. Divorce mediation can be significantly less expensive than litigation. With divorce mediation, couples have the capability of deciding for themselves under what circumstances, when, and how their divorce will take place. Divorce mediation is giving attention on agreement, leaning towards achieving a goal, and is time limited. Unlike marriage counseling, it is not meant to improve or save a marriage, nor does it help divorcing couples make decisions, like in arbitration. Instead, divorce mediation helps in given that guidance along with creating an environment wherein divorcing couples can arrive at an agreement on the issues linked to their divorce, putting those agreements on paper, and thereby beginning the process of stirring on into the future. It is important to be aware of the time limits for which unreasonable behaviour can be valid grounds for divorce. Unreasonable behaviour is usually cited in divorce petitions if the couple have not separated for any length of time. If you and your spouse are still living together, then the last incidence of whatever type of “unreasonable behaviour” you have described in your divorce petition must have occurred no longer than 6 months from the date the petition is filed. There are two reasons for this. Firstly unreasonable behaviour is not always unacceptable to spouses, and does not always lead to separation. For instance, if both parties have always worked 14-hour days throughout the marriage, it would lack credibility if one of them suddenly decided to petition for divorce based on the other’s work habits. If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal. At that point the clerk and judge will put you back on the list of cases ready for the nominal hearing If the parties ask the clerk to hold the matter they will usually get a substantial amount of time to negotiate the remaining issues in the hallway. Upon settling all the remaining family law issues which may include issues of property division, child support, child custody, child visitation, alimony, contempt issues, restraining order issues etc the clerk should be informed that the case is now ready nominal Depositions are very expensive because the Court reporters transcript could cost several hundred dollars. Also the attorney doing the deposition will need perhaps several hours to prepare for the deposition. Also both attorneys will need to attend the deposition, which could take up to several hours. Depositions are usually better ways to get information about sensitive topics then interrogatories. Divorce trials are not similar to the trials that you see on television. Often judges have many other matters on the calendar on the day the divorce trial is scheduled. In Many instances, the divorce trial will not start until after 11am. It is not unusual for the court to allow only 2 hours a day for the actual trial. Sometimes the Court will hear less than 2 hours of trial testimony in a day. Therefore a trial can take many days to complete. Some Trials take weeks or months to complete. If only one party attends the nominal court date then you need one of the following in order to obtain a divorce (a) two additional witnesses in court to testify to the one year residency of the Plaintiff or Defendant (b) one witness in court to testify to the one year residency of the Plaintiff and an affidavit from a different witness attesting to the person’s residency. (This affidavit form can be easily obtained by the clerk of the Rhode Island Family Court.) Generally, in contested divorce, both the parties have to bear lot of humiliation and mental trauma. Negotiations, allegations, and counter accusations ultimately cause bitter and permanent hatred towards each other. Besides the divorcing couple, their families and children also suffer a lot during contested divorce.

How To Transfer Property Into A Trust?

The process of transferring a property into a trust presupposes that a person entitles another individual to take care of his/her trust for the benefit of a third party. There are many advantages that one may get from this type of transaction, but the most important one is the fact that the property can no longer be alienated from the beneficiary. Here are the main aspects you need to take into consideration if you plan to trust your property to a trustee.

Choosing the correct type of trust for your needs is the first and most important aspect you need to consider. There are numerous categories of trusts, which is why you need to hire a legal consultant who can provide you all the information you need to make the right choice. Public trusts presuppose that the beneficiary is a charitable entity, whereas with the private trusts the beneficiaries are particular individuals.

Not all properties may be turned into trusts; therefore it is important that you let your legal representative know what you plan to achieve with this transaction. Generally, houses, real estates and valuable objects are the properties that can be transferred into trusts. Objects that have a very small value may not be turned into trusts because the benefits would be too small.

After you have determined what trust you need for your property, you can move on to the next step, which is, identifying the parties involved. Make sure the trustee is a responsible person who can take care of your property. On the other hand, the selection of the beneficiary is just as important because this person will eventually benefit of your properties. As a consequence, it is important that you carefully consider your choices, so that everyone is happy in the end.

There are many online programs advising you how to draft your own documents for this transfer of property, but they are not recommended to people who are not familiar with the legal system. If you want to benefit of the best services, you will contact a firm that is specialized in transferring properties into trusts and you will, thus, get personalized help for your situation.

Legal consultancy companies will continue to take care of your trust even after the deal is over. As a matter of fact, the constant maintenance of the document is obligatory to make sure that the trust is not affected by the changes that occur in your life, such as, marriage, birth, divorce, etc. Thanks to the help of the specialized companies you will be able to verify the status of your trust every three years.

Rent Back House When You Can’t Meet Your Monthly Mortgage Payment

Purchasing a house for your residence is among the biggest monetary commitments a lot of people undertake in the course of their lives. Most homes are purchased with mortgages, since the majority of people lack the available funds to purchase the property with cash. By acquiring a mortgage, they are able to make the monthly payments from their earnings and repay their home loan eventually.
There are many instances where the option of rent back house will be useful. Unfortunately people can find themselves in difficult situations that can create difficulty in making the mortgage payments. Lenders want their money each and every month, and if you have suffered a job loss, if you are in debt, or if you have had a recent divorce the option to rent back house might just be the way to stay within your home while relieving the financial stress.
The rent back house solution gives the house owners the opportunity to put up for sale their existing home and then they can rent it back from the purchaser at a cost they may afford. If you do enough research, then you may notice that there are some buyers who even give the alternative for the original house owners to purchase back the house after a certain period of time.
This method could be considered as an ideal solution, helping people who desire to stay in their own houses to lead a secure and debt free life. For most cases, most of the required official and administrative bills will be taken care of by the real estate companies offering this rent back house option.
The rental amount generally is kept to a level that is reasonable and is normally less than the mortgage payments that you are giving. The requirement of sale and rent back plans is increasing day by day. You will see that the sale may take much less time compared to the regular sales.
This is because the professionals in the property business try to engage solicitors who put lot of effort into this and try to see that the sale moves fast. Often, the purchasers acquire the house with the help of hard cash, and this helps to speed up the entire process.
If someone is susceptible to repossession, selling and buying back look very appealing. There are different standards for different lenders in the mortgage business, but the regular repossession procedure takes effect about two to three months after the arrears are found. The house rent back service is offered by companies that can let you know how to stop repossession.

Life After Divorce – What You Can Plan For and What to Expect

Whether your divorce is mutually agreed upon or passionately contested, the end of a marriage can be a major upheaval in your life. When you got married, you essentially joined your spouse in every way possible. Your lives co-mingled financially, physically and emotionally, and a divorce means that your lives must now be separated in each of these ways. Divorce is never easy, but you can learn more about what to expect so that you can plan accordingly.

A Lifestyle Adjustment
Your lifestyle will most likely change after divorce, and this is due to a number of factors. For example, you may no longer have a two-income household, so you may not be able to continue on with the lifestyle you were accustomed to. If you stayed at home with the kids, you may have to go back to work. You may now want to spend more evenings and weekends out with your single friends or even dating again. These can all be major adjustments to deal with, so you should have realistic expectations.

Complete Control Over Your Finances
When you were married, you likely made financial decisions together, and you may have even had joint bank and investment accounts. Everything from how much you could spend at the mall to which types of stocks to buy may have been joint decisions. When you are divorced, these decisions fall entirely on your shoulders. While there is power in this, some may find it stressful to carry the weight of important decisions entirely on their own.

Adjustments to Your Family Life
Whether you have children or not, your family life will certainly change. If you have no children, you may find that coming home at the end of a long day at work can be lonely at times. If you do have children, you may have to share custody. This will give you less time to spend with your kids, but you may find that you try to plan more quality time with them.

Different Holiday Experiences
Holidays are also a different experience when you are divorced. You may need to split holidays with the kids, so you may have some holidays when you are completely alone. You no longer have to share your holiday time between your parents and our ex’s parents, so you may be able to travel to your own family’s homes more on the holidays.

A divorce handled by Hofheimer Family Law can truly change basically every aspect of your life. Because of this, it’s important to be prepared for the change. By being open and flexible, you may find that it is easier to cope with as there are always many emotions and parties involved.

Surviving Divorce: What To Think About To Ensure Surviving Divorce

Surviving divorce can be a valid fear if you’re contemplating getting a divorce. In order to ensure surviving divorce, you should first understand that your divorce decision shouldn’t be taken lightly. Ensuring that you’ll be surviving divorce can be comforting and can influence your path as you consider your reasons for divorce and take the emotional plunge into actually going through with it.

Its tough enough to think about how your immediate life will be impacted by getting a divorce let alone thinking about divorce from an aspect of “the aftermath” of divorce. You may be considering a variety of things in the short term including living arrangements, spouse’s schedules, attorneys, kids, property, etc. Its tough to plan so you can really ensure that you’ll be surviving divorce once its finally over with.

Surviving divorce, just like deciding to divorce, is about separating emotion from logic and making sure you think about the past, present and future. Of course, how you plan for surviving divorce, will differ from others in some respects, but there are some common themes to think about that should ensure you will be successful surviving divorce.

The most common things to think about when you want to be successful surviving divorce are self-evident and basic, but highly important:

Surviving Divorce Concept 1: Reflect on the past to make sure you can eliminate potential regret.

Make sure that you take the time to reflect on the past and remember the reasons that got you to this state of mind. One thing you absolutely must avoid is going through a divorce and regretting your decision. Evaluate, in detail, your reasons for divorce and confirm to yourself yet again that divorce is the beast course of action. This will help eliminate regret…and regret can be a large factor in determining your chance of surviving divorce.

Surviving Divorce Concept 2: Admit to yourself that, no matter how your situation got to this breaking point of wanting divorce, that you had a hand in it, and plan to improve yourself.

Even if you know your present spouse is not a good fit for you, be smart enough to know that you shouldn’t waste the opportunity that you have right now to improve yourself, for your own good in the future. At a time like this when emotions are running high, there tends to be a lot of soul searching going on, and that’s a good thing if you want to ensure that you’ve got a solid chance of surviving divorce. Realize that you need to improve for you, this will only help you in the future. Remember, it takes two to tango!

Surviving Divorce Concept 3: Remember that your happiness and plan for surviving divorce should include evaluating and establishing a certain level of self-confidence.

Having self confidence is absolutely critical to surviving divorce because without it, fear usually will win out and your situation will not improve. Even if you get divorced but you don’t evaluate your own level of self confidence in the hopes of improving it, you may be in for a rough time after divorce. If you want a sure-fire way to feel good about surviving divorce, do yourself a favor and get your self-confidence in line.

If your overall confidence and desire to start over with your love life support making a change, you’re off to a good start in making a smart decision about whether to divorce or not.

Surviving Divorce Concept 4: Get your finances in a row and understand that your life will change most likely from a monetary perspective.

This is a major portion of the surviving divorce equation, especially for women in divorce. A lot of time, women in divorce situations have to deal with finance issues and they fear going out on their own because they’ve had financial support previously. Still, this concept is not gender specific and can resonate with anyone because, one some level, your life will change financially as a result of divorce…that’s a guarantee. In order to make sure your chance at surviving divorce is high, you need to be willing to trade potential financial loss to get a divorce. If you can, maybe you’re ready to really take the big step.

Surviving Divorce Concept 5: Understand the true value of using “projection” to ensure surviving divorce.
This is a terrific exercise to go through when you’re faced with a divorce decision and want to ensure you’ve got a great chance of surviving divorce.

“Projection” simply means looking to the future and actually imagining what your life will be like once you’re divorced. And, if you’re smart, you’ll see multiple scenarios of what your life will become after divorce and you’ll be able to pin down which factors lead to each one of those scenarios. Then, choose the scenario you’d like to actually live, and take the necessary steps needed to implement those factors. This one of the most important practices to ensure that you’re chances of surviving divorce are high.

Surviving divorce is a difficult thing but it can easily be accomplished if you plan, reflect, think, and execute based on your own goals and needs.

Co-Parenting After a Divorce—Tips from a Mediator

Co-parenting starts the day the decision is made to divorce has been made. Even the most amicable divorces need a plan for future co-parenting. Putting your children’s best interests first, no matter how much you may dislike the other parent, is the key to co-parenting.

The first thing you must do is decide if you and your spouse are able to talk about co-parenting after the divorce. If you feel you can, that is great. The strongest agreements will come from the two of you. However, if you cannot talk about co-parenting, don’t!! Let professionals such a mediators and therapists, assist both of you with co-parenting discussions. This is too important an issue to not be done the right way.

Here are a few tips to help ensure positive co-parenting

1) Plan everything in your divorce decree – Do not leave any decisions to, “We’ll work it out on our own”. The more thorough and detailed you are now, the better co-parents you will be. Not detailing everything for your children now almost guarantees future parental disagreements, emergency court dates and lots of attorney fees.

2) Limit the exchange of $ to the bare minimum- try not to split children expenses 50/50. Instead, each of you do your best to write out future expenses for the kids (possibly as part of the financial statement for the divorce) and each pick expenses they will pay for. Will this be exactly 50/50 every year, of course not. However, over the years, it will balance out. When things change, you sit down as parents and restructure who pay what, but remember, if you can’t talk about, bring in a professional to help.

3) Plan ahead for the introduction of significant others. This is a very touchy subject, especially when the divorce is due to an affair. However, so as to limit future problems, this issue must be addressed now.

4) Plan meetings-whether you anticipate problems or not, it is a good idea to schedule future parenting meetings in you divorce agreement. They can always be cancelled if things are going well but are crucial when things are not.

5) Even though it been mentioned a number of times in this article, I cannot stress enough the use of trained professionals when any co-parenting problems arise. They can save you a lot of heartache, money and help ensure your children will continue to have the love and respect of two parents.
Lastly, co-parenting after a divorce is not easy. It takes commitment, flexibility and at times, giving in for the sake of your children. In my private practice, I have seen divorced parents come to me for the most insignificant issues. When I ask them why they are not able to work it out on their own, I hear three common answers: (1) “We were forced to reach an agreement or go to trial and we don’t understand what we agreed to”, (2) “We thought we could work it out on our own but we can’t communicate without fighting”, (3) “Our attorneys didn’t advise us of this”. Being good parents is about making sacrifices and doing what is best for you children.

Divorce: Special Considerations In Parenting Plans for Neurodiverse Children

Parenting plans are child centered so that they respond to the best interests of the child. In neurotypical families the plans often include where the child will reside, which parent will have primary parenting responsibilities, how the child will be financially supported, how the child will be transferred from one parent to the other, vacation and special family events, health and education issues.

In families with children who are neurodiverse, there may be extra factors to include in the plan when determining which parent is best suited to take on the responsibilities and tasks that are part of providing for the child’s unique and special needs.

Here are some things to consider:

Which parent will sign consents for assessment procedures? One parent or both? For example, the child may need assessments or tests or supports for: behavioral support, occupational therapy, physical therapy, speech therapy.

Which parent will attend school meetings for the purpose of developing the Individual Education Plan? One or both? And, who has the authority to sign it?

Which parent consents to, and signs for, the child’s placement in a special classes, programs, or schools? One or both?

Is there a strategy in place to be used if the parents disagree about the assessments and/or interventions and/or service providers or specialists?

Which parent pays for the fees and extra transportation costs of the special programs or interventions or supports?

Which parent decides if the child requires extra services such as tutoring, and which parent takes the child to the services and pays for them?

If the child has problems with transitions, how has the transfer from one parent to the other been organized to ease the transfer for the child?

If the child has in-home supports such as a behavioral interventionist, will the service provider agree to work in both homes? Will this service provider be paid extra and by which parent, for the extra travel?

Are both homes set up in ways that accommodate the child’s environmental needs? If not, can the home be altered?

Does one parent understand less, or have fewer specific parenting skills, regarding the child’s special needs than the other? If so, is there a plan for the less skilled parent to become more educated on this?

Is it specified in the parenting plan that it is short or long term and does it allow for changes in the child’s needs over time?

Parenting plans can help both the parents and the child to adjust to the new circumstances and move on with their new lives.

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Parenting Plans for Infants in WA Divorce Cases

In many states, parenting plans outline the residential arrangements for divorcees’ children. These residential arrangements take on peculiar characteristics when an infant’s custody is in issue, as opposed to that of older children. This article explains 1) why infant-related parenting plans take on unique characteristics, 2) what divorcing parties should know about the peculiarities of infant-related parenting plans in Washington, and 3) when and how to argue for a non-Washington residential arrangement.

1. Why Infant Parenting Plans Differ from Traditional Parenting Plans. The typical residential arrangement of “every other weekend”–where the children spend only every other weekend with the noncustodial parent–works poorly for infants. Psychologists believe two straight days and nights with the non-custodial parent can traumatize young children. Some psychologists also believe residential arrangements for young children should often include frequent yet shorter visits between the parents’ households. Other psychologists disagree with the latter view, believing young children should not be subjected to numerous transitions between caretakers and should spend the large majority of their time with the custodial parent. These beliefs regarding child psychology dictate the nuances of infant-related parenting plans.

2. Washington State’s Approach. As shown in the case of In re Marriage of Bright, 135 Wash.App. 1049 (2006), courts in Washington tend to fashion infant parenting plans in a manner that restrict infant visitations to occasional, short spans. As the Bright case also demonstrates, Washington courts often subsequently increase the frequency and length of visitations as the child matures.

An experienced professional parenting plan evaluator in Washington provided the following rough guidance for the maximum frequency and length of visitations in Washington. Repeated, frequent exchanges of young children should be avoided. For children younger than three, the question is whether overnights should be allowed. For children age three to five, the question is whether consecutive overnights should be allowed. For children six and older, the question is whether week-long visitations should be allowed.

Another professional speculated that overnight visits tend to begin when the child is around eighteen months.

3. Arguing for A Non-Washington Residential Arrangement. Courts in other states appear more amendable than Washington to frequent yet short visitations, including short overnights for very young children. A non-custodial parent in Washington might argue for a parenting plan modeled after one of these other jurisdictions. For example, the parenting plan guidelines for Orange County California recommend one overnight visit and several additional short visits per week where the infant is emotionally attached to the non-custodial parent. The Orange County guidelines recommend three short visits per week even where the child is less emotionally attached to the non-custodial parent. As stated in the preface to the guidelines, “in order for infants and toddlers to develop secure attachments to their parents, it is critically important that the separation time from the mother and father be small to minimize anxiety… and keep the child comfortable with both parents…. Infants and toddlers… need frequent and continuing contact with a predictable pattern.”

The proponent of a non-Washington visitation schedule–whether a Washington divorce attorney or parent–should be prepared to argue developmental psychology, the strength of the child’s bond with the noncustodial parent, and the parties’ comparative parenting abilities. Hiring a developmental psychologist as an expert witness would be a good idea for those who can afford it.

Genesis Law Firm, PLLC
2918 Colby Avenue # 211
Everett, WA 98201
866-631-0028 (toll free)
425-212-1789 (local)
Divorce Attorneys in Everett, Washington

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Pre Divorce Planning – Steps to Take to Keep Control of Your Estate Plan

Until last year, it was customary for a matrimonial attorney to advise his or her client that the last will and testament he might have previously executed might be changed as a result of the entry of the Judgment of Divorce. This was necessary because the law provided that a disposition to a former spouse or the naming of her as a fiduciary of the estate would be automatically revoked once the divorce was final. The repeal in 2008 of the old law and its replacement by a much more comprehensive statute has changed the way divorce planning will be done in the future.

Before the change in the law, dispositions to the former spouse other than by will were unaffected by the divorce. For example, a divorce did not revoke lifetime revocable trusts (including Totten Trusts), life insurance policy beneficiary designations, joint tenancies, or a power of attorney given to a former spouse. In light of the widespread use of these instruments, the failure to treat them the same as the law treated dispositions by will presented a major inconsistency.

The new law largely corrects the different treatment. Under its provisions, a divorce or annulment revokes any revocable disposition or appointment of property to a former spouse, including:

* A disposition or appointment by will,

* By beneficiary designation,

* By revocable trust (including a bank account in trust form),

* Any revocable provision conferring a power of appointment on the former spouse,

* Any revocable nomination of the former spouse to serve in a fiduciary or representative capacity, such as nomination of the former spouse as an executor, trustee, guardian, agent, or attorney-in-fact; and

* Joint tenancies between former spouses (including joint bank accounts) and transforms them into tenancies in common.

New York case law already provides that divorce converts a tenancy by the entirety in real property to a tenancy in common.

The new section also provides for the revocation of a beneficiary designation (to the extent permitted by law) in a pension or retirement-benefits plan, including but not limited to, a stock bonus or profit sharing plan, account arrangement, brokerage firm or investment company account

Opportunities and Needed Action

A divorcing spouse should now understand that most dispositions and designations to a former spouse will be automatically revoked unless specifically saved by language in the governing instrument. These automatic revocations may result in ineffective beneficiary designations in a variety of circumstances. Therefore, divorced spouses should now take the opportunity to review all of their estate planning documents and revise provisions that are now left without beneficiary or fiduciary.

Failure of a divorced spouse to name new beneficiaries in certain instruments could lead to the divorced spouse’s “estate” being designated the default beneficiary. In some cases, such as tax-deferred retirement plans, the failure to name an individual beneficiary could result in severe tax consequences by accelerating the recognition of income to the estate.

In addition, assets that were once non-probate property, such as a Totten trust, because they passed by operation of law to the former spouse as the designated beneficiary, may now require a probate proceeding. It also means that estate plans once designed to avoid probate, such as by the use of revocable trusts, may now instead require a construction proceeding to cope with missing fiduciary appointments and beneficiaries.

The divorce process can take as much as two or more years to conclude in a Judgment of Divorce. During this period, should a divorcing spouse die, the law treats a divorcing spouse as still married and the adverse party is entitled to all of the rights and benefits of a surviving spouse. The same risk is present, of course, when a couple has simply separated. The separation could last for years without change in the married status of the couple.

If divorce is inevitable, there is little reason not to start on the process of revising the divorcing-spouse’s estate plan at the beginning of the divorce action. All of the elements of the divorcing-spouse’s estate plan need review. Of course, any estate tax or income tax consequences of any potential change must be evaluated, as well.

This article presents a general discussion of New York law. No action should be taken on any of the matters discussed without the advice of an experienced professional.

Stephen C. Silverberg, J.D., LLM is the principal of STEPHEN C. SILVERBERG, PLLC located in Uniondale, N.Y. The firms practice includes estates, trusts, estate planning, tax planning, real estate and bankruptcy. Stephen is a graduate of City College of New York (BA), Brooklyn Law School (JD) and the New York University School of Law (LLM in Taxation). He can be reached at (516) 522-2575, or you may e-mail any questions or comments to Readers are also invited to visit the firms website at [] for continuing coverage of this and other estate and trust topics.

Copyright@2009 by Stephen C. Silverberg. All Rights Reserved.

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