Susan Rossi Cook, Attorney and MediatorNeedham MA Divorce Lawyer | Family Law Attorney | Estate Planning And Probate2024-01-19T20:22:45Zhttps://www.rossicooklaw.com/feed/atom/WordPressOn Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=492342024-01-19T20:22:45Z2024-01-19T20:22:45ZA decreasing trend
In 2000, the U.S. witnessed four divorces for every 1,000 people. By 2021, this figure notably dropped to 2.5. While this might seem like a positive trend, it is worth noting that the global divorce rate per 1,000 people stands at 1.8, highlighting that Americans are more prone to ending their marriages compared to the global average.
State-specific divorce rates
Divorce rates vary significantly across states, influenced by diverse socioeconomic and cultural factors. States like Massachusetts, New York and New Jersey consistently boast lower divorce rates. On the flip side, states like Nevada, Arkansas and Oklahoma consistently report higher divorce rates.
Multiple unions have higher divorce rates
The national divorce rate unveils a stark reality. Second marriages face a 60% risk of dissolution, a statistic that soars to a staggering 73% for third marriages. This statistical climb emphasizes a recurring pattern that challenges the notion of marital stability as one navigates through successive unions.
Age demographics
Statistics reveal that delaying marriage until the late 20s or early 30s correlates with increased marital stability. However, even as this trend holds true, there is a contrasting rise in gray divorce. Couples aged 50 and above, seemingly in more established unions, are experiencing a doubling of divorce rates since the 1990s.
While most people expect their marriage to last, statistics prove that divorce is still the best option for many couples. If that time comes, there are ways to help ensure a smooth, equitable dissolution.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=492332023-11-16T02:26:15Z2023-11-16T02:26:15ZBefore the divorce
Before the divorce, open and honest communication is paramount. Parents should have age-appropriate conversations with their children about the impending changes. Reassuring them that the divorce is not their fault can help alleviate anxieties. Creating a sense of stability through consistent routines and emphasizing that both parents' continued involvement in their lives can offer a sense of security.
During the divorce
Maintaining a united front when it comes to co-parenting helps during the process. Minimizing conflicts in front of the children and refraining from involving them in adult issues can shield them from unnecessary stress. Parents should prioritize their children's emotional needs and be receptive to their feelings. Encouraging open communication and addressing any questions or concerns can foster a supportive environment.
After the divorce
After the divorce, parents must be active in their kids' lives. Planning when they will be with each parent and doing things together ensures the children maintain relationships with both parents. It is also important for parents to talk regularly about the kids. Working together in a friendly way helps kids feel secure. Keeping things steady and predictable helps kids get used to the new family situation.
Giving emotional support is really important after a divorce. Encouraging kids to talk about how they feel and saying it is okay to feel that way helps them deal with all the changes. Making a safe space for them to share their thoughts makes the bond between parent and child stronger. If kids need extra help dealing with their feelings, getting them counseling or joining support groups can be a good idea.
In this time of uncertainty, children really need security and stability. This helps make things easier as they adjust to the changes in their family.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=492322023-10-18T14:14:46Z2023-09-18T20:24:43ZUnderstanding marital property
Divorcing spouses should understand what constitutes marital property. Marital property includes assets and debts acquired by either spouse during the marriage. This can include a wide range of items, from the family home and vehicles to bank accounts, retirement savings and even personal belongings.
Equitable distribution
Massachusetts follows the principle of equitable distribution when it comes to dividing marital property. Being equitable does not always mean equal, though. Instead, it means that the court aims to divide property fairly, taking into consideration various factors.
Factors affecting property division
Several factors can influence the equitable distribution of property in a divorce:
Length of the marriage
Contributions
Economic circumstances
Custody arrangements
Fault in the marriage
Negotiation and settlement
In many cases, divorcing couples can reach their own property division agreements through negotiation or mediation. This allows them to have more control over the outcome and tailor it to their specific circumstances.
There were 689,308 divorces in 2021, but a 50/50 split of marital property was certainly not a foregone conclusion in all of them. Divorcing spouses often need to use external resources and guidance to the fullest to reach a fair outcome.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=492312023-07-26T22:29:00Z2023-07-26T22:29:00ZWhy a customized parenting plan is critical
Evidence shows that a contentious and poorly managed divorce can lead to academic, psychological and social problems for children. On the other hand, research also finds that children can thrive when parents work together, foster healthy parent-child relationships and protect their kids from conflict.
Each family is unique, and so are the needs of each child. An online template or hastily drafted arrangement is unlikely to satisfy those needs and may create additional struggles. A well-thought-out parenting plan minimizes potential problems.
How parents can start drafting an effective parenting plan
Co-parents can discuss the needs of each child and each adult's responsibilities to the children as they design a parenting plan. Parents must consider their children's best interests and the following factors:
A child's age and maturity
Previous routines before separation
The distance between parent's residences
Interactions with third parties and relatives
Family traditions and customs
Parents may not necessarily create identical arrangements for every child. Also, co-parents will likely benefit from planning to collaborate on updating the parenting plan over time as a child grows and has different emotional needs.
Divorce does not have to harm a child's relationship with a parent. When ex-spouses create a reasonable parenting plan, young ones can flourish, even during this challenging circumstance.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490942023-05-16T02:02:32Z2023-05-16T02:02:32Zco-parenting.
Communicating constructively
Regardless of what happened that led to the dissolution of a marriage, parents still need to be able to engage with one another as co-parents. Negotiating a formal parenting plan can foster constructive communication and open channels for ongoing, collaborative dialogue.
Giving children the opportunity to continue spending time with both parents
When parents stop living together, children may not see enough of one of their parents. This can be distressing to children, and they might feel as though a parent no longer cares about them or think that they did something wrong.
In creating a parenting plan, parties need to be conscientious about working cooperatively to schedule adequate time with both parents. This serves to uphold the important role of both parents in their children’s lives
Countering parental alienation
Conveying negative sentiments about a former spouse could compromise parental relationships. Many people find it helpful to address this problem proactively in parenting plans by creating provisions affirming that neither parent will disparage the other to their children.
Ultimately, insights from a knowledgeable, compassionate attorney can help parents work out a plan that brings structure and clarity to key concerns such as custodial time and parental responsibilities.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490932023-03-18T14:31:15Z2023-03-18T14:31:15ZIf children are old enough, they can decide on custody
If you die without an estate plan, the custody process goes to the courts, which is time-consuming and costly. Unfortunately, in this situation, your child does not get the final say in who they live with. The court makes these decisions in your child's best interest, although that does not rely on children's input.
Residential and financial custody always go to the same person
After the death of a parent, the probate process can feel overwhelming, especially if you do not leave a will. In this case, the court will appoint a guardian for your child and their finances; often, this is the same person when the court makes this decision. However, if you leave an estate plan, you can outline who cares for your child and manages their finances, including designated different people.
Estate planning does not affect the probate process
Fortunately, families can use estate planning to get through the probate process as quickly and smoothly as possible. That helps reduce the complication of probate proceedings and ensures your family carries out your wishes after you die.
These are just the most common misconceptions about child custody during probate. Ultimately, it would be best to talk to a lawyer to help you navigate the estate planning process.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490922023-01-06T15:53:19Z2023-01-13T15:52:17Z1. Keep it simple
Use words that are simple and age-appropriate, such as these tips from the American Academy of Pediatrics. Avoid using legal terms or complicated explanations. Focus on explaining that the family will no longer live together but that you still love your child.
2. Reassure your child in a calm tone
It is natural for children to feel anxious or uncertain when they learn that their parents are getting divorced. It is important to reassure your child that you both love them and will always be there for them, even if you are no longer living together.
3. Emphasize that it is not the child's fault
Children often blame themselves when their parents get divorced. They will need to hear, over and over again, that it had nothing to do with them and that they should not worry.
4. Encourage open communication
Encourage your child to ask questions and express their feelings about the divorce. It is important to listen to your child and provide support and comfort as they process this major change in their family.
5. Seek professional help
If your child is struggling to cope with the divorce, it may be helpful to seek the guidance of a therapist or counselor. A professional can provide support and strategies for helping your child adjust to the changes in their family.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490902022-11-16T21:14:58Z2022-11-16T21:14:58Z1. Plan for family time in your schedule.
Making time for your family in your busy schedule demonstrates to your children that even though their parents are no longer together, a feeling of the family still exists, and they can rely on both adults. If you can maintain a civil relationship with the other parent, try to schedule fun family events such as an occasional movie night, dinner or trip to the park.
2. Do your fair share of childcare.
Do not allow your marital issues to conflict with your children’s regular routine. Although things may not always run smoothly while co-parenting with your ex-spouse, offer extra support when you can. For example, picking up your children from school in case the other parent is late, making timely child support payments and keeping each other updated about issues with your children’s academics or friendships.
3. Refrain from spoiling your children.
In some divorces, parents try to become the favorite caretaker over their ex-spouse. Often, divorced parents try out-buying their children’s love; however, this might backfire if the children start pitting one parent against the other. The potential effect on your children’s mental health is not worth the extra sweet treats, newest toys and lavish vacations.
Focus on facilitating quality family time to create lasting, loving memories for your children.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490492022-10-06T17:48:30Z2022-09-13T03:13:56ZJob and future employability
This is one aspect that the courts look at when deciding what is and is not equitable. If an older spouse has been a househusband or housewife all of their life, then it will be difficult for them to get future employment. If the spouse was younger, then it is far easier for them to live on their own without financial help.
Length of marriage
A long-term marriage will sometimes receive a more equal distribution than a short-term marriage.
Marital misconduct
If there is marital misconduct such as adultery or abuse, the courts might decide to award one spouse more of the marital assets than the other.
Obligations of each spouse
A spouse with more obligations will sometimes receive more during distribution. This includes a spouse who has primary custody and the future needs of the children.
Regardless of the assets involved, a 50/50 split of marital assets is not a foregone conclusion. Massachusetts courts will move for an equitable division rather than an equal one.]]>On Behalf of Susan Rossi Cook, Attorney and Mediatorhttps://www.rossicooklaw.com/?p=490472022-10-06T17:48:47Z2022-07-16T20:47:32ZMake sure to practice restraint
While it is understandable to want to share details about your life on social media, it may not be a good idea to do so when you are going through divorce proceedings or working out custody. This is because things that you post may get used against you in court. If you post things that disparage your former spouse, then it may not help you in court.
Be cautious when sharing your life
Just because your social media activity can get used against you in court does not mean that you should never share anything at all. That said, you may need to be cautious when it comes to what you share and how it may affect the way that others could view you. Saying negative things about your spouse might be tempting, but it may not help your case.
Divorce is often challenging in many ways. However, there are things you can do to protect yourself and simplify the process. By being careful about what you share and post on social media, you can ensure that there is one less thing that could interfere with your case.]]>