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Family Law Blog

Shared child custody arrangements result in lower stress for kids

Going through a divorce can be a trying experience for Oregon residents or others around the country, particularly if a couple has children. Discussions around child custody, living arrangements and financial support for the children can be intense, given the importance of the issues. Recently, child advocates presented research that shows children in shared custody situations are less stressed than those that live full time with one parent.

A study from an international university's demography unit routine found this lower stress level in shared custody situations, even if there was conflict among the parties. Researchers support living with both parents, if possible. When children rarely see one parent, they lose touch with them, as well as other family members and friends associated with that parent. This can cause a child to worry about those people and stress levels can rise, according to adolescent mental health researchers.

Divorce may have considerable tax impacts in Oregon

Most individuals worry about their finances at some point or another. A major catalyst that could spark this concern is going through divorce. Because ending a marriage means living on a single income and potentially losing and gaining assets during property division, understanding financial impacts may be vastly important. Oregon residents may want to pay particular attention to potential taxation.

If parties receive funds from retirement plans or pensions, they could face taxes on those funds. Many accounts of this type have specific taxation requirements, and if individuals are not aware of these stipulations, they may end up with less money than originally thought. This type of situation could also arise if people gain portions of investment accounts during division proceedings.

Millenials more likely to want prenuptial agreements

Many millennials in Oregon and around the nation are waiting until later in life to get married than those from earlier generations. As a result, more of them have steady jobs, own businesses or have amassed property. It is understandable that an individual would be protective of what he or she has earned. This holds true even where marriage is concerned. Prenuptial agreements are become more commonplace, particularly for those who have waited to tie the knot and come to a marriage with established assets.

Prenups are particularly beneficial when the couple has differing financial personalities. One partner may be conservative and focus more on savings and investments. Risk-taking may be the trait of the other partner and could cause a disconnect when it comes to finances. Having a document in place to divide assets and debts should a marriage end can reduce potential conflict in the future.

Can low IQ result in loss of child custody?

Not many would argue that it takes a certain level of intelligence to succeed in some areas of life. For example, someone wanting to be an engineer, doctor or scientist would need an IQ higher than the average of 90 to 110. However, how much intelligence does it take to raise a child? That is the question many in Oregon are asking as they learn of a recent child custody case.

A young couple had a baby about four years ago, but a friend reported to the Department of Human Services that the couple was neglecting the baby boy. The friend believed the parents were not intellectually able to recognize and provide for the child's needs. A case worker visited the home and found no signs of abuse or neglect from the parents, whose IQs measured around 70. Nevertheless, child protective services saw fit to remove the baby and place him in foster care.

Get the facts straight about divorce and money

Most Oregon residents typically consider the emotional impact that ending a marriage will have. However, the financial effects of a divorce can be significant for many. According to a personal finance website, there are several misconceptions regarding money and divorce.

A common belief is that one spouse's adultery will entitle the other to more money in the divorce process. The reality is that behavior typically has no effect on the amount of money someone receives in divorce proceedings. Divorce can come down to dividing up the assets between the ex-spouses. Experts cite an exception in that if one spouse has used the couple's money to pursue an illicit affair, the other spouse may be awarded more in the settlement.

Consider prenuptial agreements for social media

Social media has become a significant part of the lives of Oregon residents and others around the country. Everyone has different ideas of how much personal information to share online. While some may shy away from posting pictures of vacations or children, others have no issue sharing photographs of themselves drinking or posing in a bathing suit. Because opinions can differ so widely, some couples are now developing social media prenuptial agreements.

Matrimonial attorneys are beginning to see an increase in issues surrounding social media in divorce cases. While prenuptial agreements regarding social media are more common for celebrity couples, others see the importance of protecting their online reputations. Even those couples married already can choose to address this issue in postnuptial agreements.

Child custody decisions often difficult

Going through an Oregon divorce can be a stressful experience, particularly when children are involved. Child custody issues can potentially be contentious. However, it is critical for divorcing couples to remember that though they may be ending their relationship, their roles as parents remain. Understandably, the decisions that parents make regarding their children can have long lasting repercussions.

Counsellors acknowledge that children may be acting depressed or anxious when their parents are getting a divorce. Even if a 50/50 split custody arrangement has been made, the situation can still be overwhelming to a child. Often, unresolved matters in a marriage can carry over into divorce proceedings and create conflicts. Children are frequently caught in the middle when arguments arise.

Prenuptial agreements: Important documents to have in place

Planning a wedding in Oregon and elsewhere around the country often elicits romantic images and feelings of everlasting love. However, many experts are recommending that couples thoroughly discuss their financial situation prior to tying the knot. In fact, many suggest that couples get prenuptial agreements to avoid potential issues in the future.

While discussing the possibility of a divorce or death in the future is not pleasant, it is better to deal with the issues while emotions are not strained. A family and matrimonial law attorney offered explanations of different types of agreements that couples may elect to develop. These include prenuptial agreements, sunset clauses and postnuptial agreements.

Veteran with PSTD now fighting child custody issues

Citizens in Oregon and throughout the nation owe a debt of gratitude to our veterans who have bravely served our country. Many veterans, especially those who have experienced combat in war-torn areas, suffer from post-traumatic stress disorder. Those veterans are encouraged to seek help for PSTD. One combat veteran sought help, but believes that his child custody case is suffering because of it.

The out-of-state man, a Marine corporal, served three tours of duty in Iraq, where he suffered three concussions. The man belonged to a support group for veterans dealing with PSTD. After the war, he earned two college degrees and worked as a substitute teacher. He and his wife got a divorce, but he remained involved in his two daughters' lives.

Retaining possession of an inheritance following divorce

It can be difficult, if not impossible, to predict what the future will hold. Over the years, many individuals in Oregon and across the country have reached a point in life, whether gradually or suddenly, where change is necessary. One of the more stressful and intimidating changes a person might face is the end of a marriage. Divorce can be challenging both emotionally and financially, but the latter may be less burdensome if certain precautions are in place.

One aspect of divorce that is often a highly debated topic is property division. During this process, assets will be split between the couple that has decided to part ways. There are, however, numerous factors that can influence exactly how assets will be divided. For example, if a properly executed prenuptial agreement is in place, it may dictate who will gain possession of each asset listed in the agreement.