Posted by catherine jacobs on Wed, Jul 07, 2010 @ 03:54 PM
Is Economy Affecting Divorce Rates?
It is good news and bad news. Bad new; the economy is down. Good news for couples; the divorce rate goes down when the economy is down. It's happening all over the country. When times are tough, it seems, more couples are deciding to tough it out. It's not love that's keeping them together. It's about money.
Divorce means dividing up assets. In this economy, many more divorces are about dividing up the debt. And in this economy, breaking up is harder to do.
Not only are you faced with splitting debt and, if you're lucky, assets, but now you have to have two new households with less money and more debt. A result is that across the nation, divorces are down, according to the American Academy of Matrimonial Lawyers.
Dividing households is a lot more expensive than having someone to help split the rent and utilities. And there are no discounts on divorce.
The decline in the housing market is also contributing to the decrease in divorces. With "upside down" mortgages, it may not be a question of splitting the assets, but dividing the liability, instead. Some couples are deciding to tough it out til the tough times pass.
Money is always a marital stressor. In these financial times, when people are losing jobs and homes, the stress is higher than ever. This stress often leads couple to seek a divorce, only to find that the financial strain of a divorce is not even an option.
So, what does this mean for couples today. Any couples who are seeking divorce need to seek the advice of an experienced family law attorney who can provide you with realistic advice as to how a divorce with financially impact your life.
Call Jayne Dykema or Lori Zellers at Dykema Law Offices. They are experienced family law attorneys and certified family law mediators.
dykemalaw.com
616-363-6611
Posted by catherine jacobs on Wed, Jun 23, 2010 @ 02:22 PM
Think of how stressful a divorce is for an adult; how will we divide our assets/debts, how we will determine custody and parenting time, will we have to move, will the kids change schools, how will we make ends meet, will my spouse remarry, will a new spouse have children, how will the new children fit in with my children?
Imagine all these concerns from the perspective of a child. It can and is usually overwhelming. There are many great books on the market that can help your child ease the fears and better understand what a divorce might mean for them.
Parents often get caught up in what is happening to them, which is overwhelming, and forget that are children have the same concerns. Many times children don't like to address their concerns with their parents. These unanswered questions can grow into huge stressors for children. Books can often be the ice breaker or the catalyst for conversation. Books can be a great way to start on the path to healing after the break up.
Below is a small list from hundreds of great books. Spend some time looking for books that will fit the age range of your children and the needs or concerns specific to them. You will find that the books will help, even the youngest children, to feel more comfortable talking about their concerns.
It's Not Your Fault, KoKo Bear: A read together book for parents and young children, by: Vicki Lansky.
Dinosaurs Divorce, by Laurene Krasny Brown.
I Don's Want to Talk about it, by Jeanie Franz Ransom.
Mama and Daddy Bear's Divorce, by Cornelia Spelman.
Helping Your Kids Cope with Divorce the Sandcastles Way, by M. Gary Nueman.
Other titles: The Divorce Express, How it Feels When Parents Divorce, Talking about divorce and Separation, How to Get it Together When Your Parents are Coming Apart, Divorced but Still My Parents, Dont' Fall Apart on Saturdays, What Children Need to Know When Parents Get Divorced, and My Family is Changing.
Our attorneys recognize the impact of divorce on your children. They help families navigate their way though this tough time based upon their years of family law experience.
Call Jayne Dykema or Lori Zellers today.
dykemalaw.com 616-363-6611
Posted by catherine jacobs on Tue, Jun 22, 2010 @ 09:15 AM
Divorce Mediation Myths:
Myth #1: Mediation allows one spouse to dominate another.
Fact: An experienced mediator is always aware of the power balance between the spouses and utilizes many specific techniques to correct any imbalance. If one spouse persists in dominating behavior, the mediator will call a stop to the mediation rather than allowing it to continue. Spouses should let their mediator know if there is an issue with control in the marriage. This will allow the mediator to watch for any power imbalances and stop them before they detract from the mediation process.
Myth: Mediation is more of a hassle than hiring a lawyer to handle the divorce.
Fact:Mediation can significantly reduce the "hassles" of hiring a lawyer and proceeding to court on a divorce matter. Mediation can generally be concluded in a few sessions, if not less, whereas a court case can drag on for months and years, thus making it more of a hassle and is significantly more expensive.
Myth: Mediation makes the divorce take longer.
Fact: In almost all cases, mediation takes less time than litigating a divorce. Even if the parties settle out of court, by the time that happens, mediation would be done and over. With mediation, there are no court mandated dates, hearings, and investigations. Mediation allows you to settle your case and move on with your life.
Myth: You don't get to have a lawyer represent you in mediation.
Fact:Mediators welcome parties who have hired attorneys. Experienced divorce and family law attorneys recognize the benefits and value of mediation as a quicker and more amicable form of resolving martial splits. Lawyers can play an important roll during mediation. They assist their clients in the negotiations, they ofter can help design settlement agreements, they advise their clients of their legal rights, and they can prepare the necessary paperwork that is filed with the court. Generally, when you hire a lawyer to represent you at mediation, the lawyers charge a reasonable hourly rate and there is no need for a large retainer. The client only pays for the amount of representation that is needed for the arbitration and paperwork. This eliminates the need for paying a lawyer to go to court, negotiate with the opposing attorney, conduct hearings, come up with proposed settlements for the opposing side to review, argue in court, and the list goes on and on...
Myth: All divorce lawyers understand and support mediation.
Fact:Even though mediation is fast becoming the preferred method of handling divorces, not all attorneys have had experience in this area. Mediation is a non-adversarial approach to divorce, contrary to divorce litigation for the past hundreds of years. You will find that some lawyers believe mediation should not be used to obtain a divorce. These attorneys would argue that spouses should use lawyers and go through the court system. As divorce lawyers understand mediation and its benefits for their clients, benefits for continuing a positive familial relationship for children, cost effectiveness, and time effectiveness.
Myth: In mediation, the mediator decides what's fair.
Fact: The mediator is not a judge or an arbitrator. A mediator has no power to make decisions for the divorcing spouses. It is the mediator's job to work with the spouses to help them negotiate an agreement that each of them considers fair enough to accept.
MEDIATION, A BETTER CHOICE, is a service provided by Dykema Law Offices, West Michigan's premier family law firm. Our family law attorneys have over 20 years in family law experience and are trained and certified family law mediators.
Contact Jayne Dykema or Lori Zellers today. jad.dykema@tds.net or ljz.dykema@tds.net
Posted by catherine jacobs on Mon, Jun 21, 2010 @ 09:04 AM
From the SSAO webpage:
Benefits For People With
Disabilities
|
|
|
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities. While these two programs are different in many ways, both are administered by the Social Security Administration and only individuals who have a disability and meet medical criteria may qualify for benefits under either program.
Social Security Disability Insurance pays benefits to you and certain members of your family if you are "insured," meaning that you worked long enough and paid Social Security taxes.
Supplemental Security Income pays benefits based on financial need.
When you apply for either program, we will collect medical and other information from you and make a decision about whether or not you meet Social Security's definition of disability.
Use the Benefits Eligibility Screening Tool to find out which programs may be able to pay you benefits.
If your application has recently been denied, the Internet Appeal is a starting point to request a review of our decision about your eligibility for disability benefits.
If your application is denied for:
- Medical reasons, (beginning December 22nd) you can complete and submit the required Appeal Request and Appeal Disability Report online.
The disability report asks you for updated information about your medical condition and any treatment, tests or doctor visits since we made our decision.
- Non-medical reasons, you should contact your local Social Security Office to request the review. You also may call our toll-free number, 1-800-772-1213, to request an appeal. People who are deaf or hard of hearing can call our toll-free TTY number, 1-800-325-0778.
| |
If you have been denied social security disability benefits, contact nurse-attorney, Lori Zellers. dykemalaw@aol.com
Posted by catherine jacobs on Wed, Jun 16, 2010 @ 09:34 AM
Who Needs Estate Planning?
Regardless of whether your estate is large or small everyone can benefit from estate planning. It's important for all of us to designate someone to manage our assets and make health care and personal care decisions for us when we become unable to do so for ourselves.
If any of the questions below seem relevant to you, then an estate plan is important for you and your family to pursue.
- Who will receive your assets after your death?
- Who will pay your last debts?
- Who will make health care decisions for you if you are unable?
- Does your family know your feelings when it comes to life support?
- Would you like any of your assets donated to charity?
- Do you know how to preserve your assets for your beneficiaries and reduce or postpone the amount of estate tax which otherwise might be payable after your death?
When individuals fail to plan ahead, a judge appoints someone to handle your assets and personal care. Your assets will be distributed to your heirs according to a set of rules known as intestate succession. Under intestate succession your assets may not be given to your choice of heirs. An estate plan gives you control over who will inherit your assets after your death. If the court has trouble locating your heirs after a period of time, your estate will escheat (be given) to the State of Michigan.
CATHERINE JACOBS, AT DYKEMA LAW OFFICES, CAN ASSIST YOU WITH ALL OF YOUR ESTATE PLANNING NEEDS. CALL TODAY FOR A FREE CONSULTATION.
616-363-6611 OR EMAIL AT: chj.dykema@tds.net
Posted by catherine jacobs on Tue, Jun 15, 2010 @ 09:28 AM
Divorce Mediation
Divorce mediation still feels like a new idea in some parts of the country, but it's increasingly well-known and widely accepted. Mediation means different things to different people. In the form I recommend, you and your spouse would sit down in the same room with each other and with a neutral mediator. With the mediator's help, you would work through all the issues you need to resolve so the two of you can get through your divorce.
Although there certainly are several different styles of mediation, there are several things you can depend on no matter what style your mediator uses. Mediation is flexible and confidential. It gives you and your spouse a way to settle the conflict between you, which is natural and inevitable, in a way that helps you to work together as parents after your divorce.
The mediator remains neutral between the husband and the wife. That means the mediator can't give advice to either party, and also can't act as a lawyer for either party.
What the mediator can do, though, is to point out in open session to both spouses things that each of them should be aware of about what they're trying to accomplish. That open and free exchange of information frees up both spouses to negotiate with each other in confidence. Because both spouses are working with the same base of information, it usually takes far less time to negotiate a resolution that makes sense to both spouses.
You're welcome to bring your lawyer to mediation if you want to, or you can use your lawyer as an advisor between sessions. Don't let your lawyer make you feel that you must pay him or her to be with you during mediation. That's strictly up to you.
Mediation is voluntary. It continues only for so long as all three of you - you, your spouse, and the mediator -- want it to. Your mediator has to have a good reason to withdraw. You or your spouse can withdraw from mediation at any time, for a good reason, a bad reason, or no reason at all.
People often ask, "Does mediation really work?" In a word, yes. We know from years of research that when you compare couples who have mediated their divorce with couples who go through an adversarial divorce, mediating couples are more likely to be satisfied with the process and the results, likely to take less time and spend less money, and are less likely to go back to court later to fight about something.
The main advantage of mediation is that it keeps you and your spouse in control of your own divorce. That can make all the difference in your recovering from your divorce and moving on with your life. Mediation allows the two of you to get through your divorce with less conflict than you would experience in an adversarial divorce. Because mediation is all about working with shared knowledge, mediation also often allows you and your spouse to work together to lower your tax bill . . . and that can often translate to more money for you.
Posted by Dan Mihai on Mon, Feb 15, 2010 @ 06:39 PM
As you get older, it gets easier to be found disabled. If you are over the age of 55 and you are unable to do a job that you have done within the past 15 years, you would be a good candidate for benefits.
If you are over 50 years of age and you have a severe impairment which keeps you from doing anything but simple jobs, you should also apply.
You don't necessarily have to be confined to a wheelchair or a bed to be considered disabled, even if you are younger. If you are under the age of 50 and you are unable to do jobs that you've had in the past and you cannot work at any regular job on a full-time basis, you should apply.
Note that being unable to work and being disabled under the social security administration standards are two very different things. It is often hard to prove you are disabled just because you are unable to work.
Bottom line is that if you are unable to work, you should apply for SSD disability benefits. Even if denied, you should keep appealing all the way to an administrative judge. If you've been denied benefits by an administrative judge, you should then seek legal help.
Dykema Law has an experienced social security disability attorney who is also a registered nurse with many years of medical experience. She is able to review your case and determine if there is a way to pursue and win your case before the Appeals Council
Call for an appointment today: 616.363.6611
Posted by Jayne Dykema on Mon, Feb 15, 2010 @ 06:03 PM
Dykema Law Offices, P.C., is not a typical law firm. With two certified mediators as well as an experienced litigator on our team, we offer a unique combination of skills and abilities in family law and personal injury cases. Using a team approach, we also serve clients effectively in several other practice areas, including estate planning, and obtaining reimbursement for unpaid sales commissions.