Mediation Can be a Less Expensive Option than Litigation in a Divorce

There’s no questioning that divorces are stressful for all parties involved. Some divorcing spouses may choose to mediate instead of litigate, and the choice of mediation can carry many benefits.

Mediation is a form of alternate dispute resolution where a qualified third party negotiator helps to negotiate a settlement. In dissolution of marriage cases, each spouse can be represented by his or her own attorney, but may choose to go before a licensed court-approved mediator, often a barred attorney, to reach an agreement on child custody, support, alimony and the distribution of assets.

One benefit to mediation is the cost. By using facilitated negotiation, couples can often workout their differences together and avoid costly court and attorney fees. Another benefit to mediation is the time frame. A litigated divorce can take years to reach a final judgment, where sometimes a mediated divorce can be resolved in several months.

Mediation allows the divorcing parties to be in control of their outcome, where judicial outcomes can be rigid and define a winner and a loser. A consequence of this type of resolution often brings about more compliance in a divorce settlement, because both parties feel that they have worked hard to negotiate a final agreement.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Probate Experts Agree - James Gandolfini's Will is a Tax Disaster

The untimely death of actor James Gandolfini at the young age of 51, brings the importance of proper estate planning into light.

In the case of Gandolfini’s estate, probate experts agree that his will is a tax disaster. Of his $70 million estate, a whopping $30 million of it will go directly to the IRS. Apparently 80% of his estate was subject to “death taxes” at a rate of about 55%.

To read more about James Gandolfini’s will, and a few tips on estate planning, click on the following link:

http://www.forbes.com/sites/robertwood/2013/07/20/key-lessons-from-james-gandolfinis-will/

What about you? Is your will up to date? Are your loved ones vulnerable to losing a large portion of your estate to taxes?

The attorneys at the Law Offices of Jeremy W. Howe, LTD., specialize in probate, estate planning and elder law. If you would like to verify that your will is current with today’s probate laws, contact the lawyers at his Providence, Rhode Island office for a free comprehensive telephone consultation.

Attorney Jeremy Howe and his team of elder law and family court lawyers have been providing quality elder law representation in Rhode Island for nearly four decades. He and his co-mediator have successfully mediated hundreds of divorce, family law and elder law cases throug
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Till Debt Do We Part?

Till Debt Do We Part?

In community property states, both spouses are responsible for any debt that has been incurred while they were married. 

That means if one spouse doesn’t pay an outstanding credit card debt accumulated during the marriage, then the other one must pay, or risk credit damage and collection actions. The credit card company doesn’t view it as “his” or “her” debt. Instead, they see one debt, and if they can’t collect from one party, they will try to get the entire balance from the other party.

To read more about divorce and credit card debt, click on the following link:

http://www.foxbusiness.com/personal-finance/2013/07/12/divorce-and-card-debt-in-community-property-s…

However, if you are divorcing in Rhode Island, it is important to note that Rhode Island is not a community property state, but instead is an equitable distribution state.

In Rhode Island, marital property is considered to be all property acquired during the marriage by both partners. If there is a divorce, the court will aim to distribute one half of this property to each spouse unless the court finds such a division to be inequitable or unfair. In order to decide this, the court looks at various factors such as length of marriage, age, health, employability, other sources of income and any debt.

Are you a resident of Rhode Island and considering divorce?

The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases across the state of Rhode Island.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Marital Property Law and Divorce in Rhode Island

Have you signed off on ownership to a marital property and think that now you are free from worry about any future mortgage debt obligations to the property? Well, you might want to continue reading.

During a divorce, once a spouse signs his or her name off of a property title, that does not mean that the spouse is off of the mortgage loan as well, contrary to what many people seem to believe.

It is important to know that creditors, including the mortgage lenders, are not part of the divorce proceedings. While a spouse is legally allowed to sign his or her name off the deed to a home as part of the divorce settlement, the lender does not have any obligation to remove the spouse’s name from the mortgage loan. However, a bankruptcy filing can change these circumstances.

Click on the following link to read more about divorce and what it means for mortgage debt and bankruptcy:

http://www.foxbusiness.com/personal-finance/2013/07/02/how-does-divorce-affect-bankruptcy-and-mortgage/

To learn more about the complexities of property division in a divorce, and to see if mediation is an option for your divorce, speak with a family law attorney at the Law Offices of Jeremy W. Howe, LTD., in Providence, Rhode Island.

The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases across Rhode Island.
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Baby Boomers and Divorce

Baby Boomers are divorcing in record numbers. 

In 1990, 1 out of 10 people over the age of fifty divorced. Ten years later, a surprising to 1 out of 4 people aged fifty years or older, are choosing to end their marriages.

While the idea of divorcing after age fifty may seem especially painful because of old memories or fears of being alone later in life, recent research shows that the age and experience of Baby Boomers, makes them better equipped to handle the challenges associated with divorce. In fact an AARP study shows that 3 out of 4 Baby Boomer divorcees say that they made the right decision in choosing to divorce.

For Baby Boomers who may suddenly find themselves single again, there are some general principals and tips to help cope with life post-divorce.

To read tips for divorced Baby Boomers and to view an interesting info-graphic on the new “gray” divorce trend, please click on the following link:

http://www.huffingtonpost.com/allison-pescosolido-ma/the-gray-divorce-tips-for_b_3454624.html

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Interesting Trends Taking Place in Divorce

A prominent divorce financial strategist has revealed to Forbes Magazine some interesting trends taking place in divorces over the last decade. Some of the most notable divorce trends are:

1. As marriage rates decrease, divorce rates decrease proportionately.
2. Women are usually the ones who initiate a divorce.
3. “Grey” divorces, a name for divorces later in life, are on the rise.

To read about the trends in divorce, and to view a fascinating info-graphic about divorce, please click on the following link:

http://www.forbes.com/sites/jefflanders/2013/06/20/not-your-mothers-divorce-three-21st-century-trends/

Are you a resident of Southern Rhode Island and considering divorce? The experienced lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems. Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation.

Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases in North Kingstown, South Kingstown, Cranston, Warwick and Westerly, Rhode Island and the surrounding communities.
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Testimonial from a Recent Legal Separation Client in Tiverton, RI

Testimonial for Kristy Garside from a Recent Legal Separation Client

“Kristy – Thanks again for all of your support and help through this challenging time. I am so blessed to have found you and to have someone that truly understood my position and supported me every step of the way. We all appreciate you and your efforts!”

Tiverton Wife – Legal Separation
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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We Make Elder Law House Calls!"

Mediation is Cheaper than Going to Court

One of the most economical and effective options of a divorce proceeding is choosing to mediate instead of litigate. Mediation gives a person control of the final marital settlement agreement outcome. By choosing to mediate, couples will spend less money on the costs associated with litigation. Another advantage of mediation is that an agreement may be reached much faster because both spouses work toward a consensual agreement and avoid having the lengthy delays come with having a judge decide on a martial settlement agreement.

To read more about mediation and about other cost saving options in a divorce, please click on the following link:

http://www.foxbusiness.com/personal-finance/2013/05/16/how-to-make-your-divorce-cheaper/

Have you been staying in an unhappy marriage because you are afraid of the costs associated with divorce? The lawyers at Law Office of Jeremy W. Howe, LTD. and the mediators at Partners In Mediation offer you two options in order to proceed with your divorce or other family disputes and problems.

Learn about these options and which would work best for you by calling or contacting Jeremy Howe for a free comprehensive telephone consultation. Attorney Howe and his team of family court lawyers have been providing quality divorce and family representation in all Family Courts in Rhode Island for nearly four decades. He and his co-mediator have mediated hundreds of divorce, family law and elder law cases in all Rhode Island counties.

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The Law Offices of Jeremy W. Howe, LTD. Providing Family Law and Elder Law Services to Rhode Island since 1974.

"We make Elder Law house calls!"

FAMILY LAW AND ELDER LAW ATTORNEY, KRISTY GARSIDE, RECEIVES PRESTIGIOUS AWARD FOR PRO BONO ACCOMPLISHMENTS

June 10, 2013, Newport, RI:  Kristy Garside, a family law and elder law attorney with The Law Offices of Jeremy W. Howe, Ltd., has been awarded the prestigious Rhode Island Bar Association’s 2013 Pro Bono Publico Award for her outstanding efforts in providing equal access to justice to the poor through the Volunteer Lawyer Program.  The Rhode Island Bar Association’s Pro Bono Publico Awards program seeks to identify and honor individual lawyers who have enhanced the human dignity of others by improving or delivering volunteer legal services to the poor and disadvantaged.

Kristy Garside has been advocating on behalf of impoverished Rhode Islanders since law school, when she received her J.D., from Roger Williams University School of Law in 2004.  She has been an active participant in the Rhode Island Bar Association’s Volunteer Lawyer program for many years.  Garside offers her family law and elder law knowledge and expertise to the volunteer program, which provides legal assistance to low-income clients who are financially unable to obtain legal representation.  She is among over 1000 private attorneys in the State of Rhode Island who volunteer their time for this program.

Newport Attorney Jeremy Howe, of The Law Offices of Jeremy W. Howe, Ltd., offered his congratulations to Garside, saying, “We are very proud of Kristy.  Her legal work is of the highest quality, even when she isn't being paid. Kristy truly cares about the people she represents."  Garside will accept her Pro Bono Publico Award on June 13, 2013 at the Rhode Island Bar Association’s Annual Meeting Dinner.

Divorce and the Retirement Assets

I recently read an article on SmartMoney.com, which is put out by Fidelity.com that discussed "Divorce over 50: 3 Mistakes to Avoid" by Catey Hill.

The first "mistake" referred to was to ignore the tax consequences of retirement funds. Our office happens to be very knowledgeable regarding retirement accounts because we study the plans for our own clients, and we are also often hired by other attorneys to assist their clients in drafting the documents required to divide the retirement assets.

In order for an employer to give a portion of an employee's pension or retirement account (ex. 401(k), savings plans, etc.) to someone other than the employee, a document that is separate from the divorce decree or settlement agreement must be drafted, submitted to the court, and then sent to the employer. We are often hired to draft such orders, also known as Qualified Domestic Relations Orders, or QDROs. These orders have to address all the provisions of the plan, including but not limited to: the amount awarded, what happens if the employee dies prior to or after they retire, and when the former spouse can begin to collect his or her portion of the pension. You do not always need to wait until he or she retires before you can get your share!

You may think it would be common sense for an attorney to understand the plan and to know what the value of that plan is before they attempt to negotiate a settlement, but this is not always true. We are available to consult with attorneys if they have questions, and advise one party or the other how the terms of the Order could be written to achieve the most favorable result.

If you are getting divorced, and your attorney does not seem to have a handle on how the retirement plan works or what the value of that plan is in today's dollars and in the future, I suggest you call our office before you sign a settlement agreement.

Additionally, if you have been divorced and were awarded a piece of your ex's pension, but you have never seen a QDRO on your behalf, CONTACT OUR OFFICE. We can help.

www.CounselFirst.com or 401-841-5700.

RILS: Low-Income Tax Payer Clinic Perseveres!

I read this story in the Rhode Island Legal Services (RILS) newsletter. This clinic may be useful for our clients and friends, and we have worked with and attended many seminars by Attorney Segovis. If you are interested to find out more about RILS's Low Income Tax Payer Clinic, please call RI Legal Services at 401-846-2264. -Kristy

Low-Income Tax Payer Clinic Perseveres!

With RILS's, help Terese was able to obtain legal guardianship of her two grandchildren who were orphaned when their mother died as a result of domestic violence. Terese was determined to protect the children from their mother's abuser despite having limited means of supporting herself.

Terese's daughter had worked until her death and was entitled to substantial state and federal tax refunds. The daughter also had money in the bank. Terese was told there was no way she could access any of this money without a probate order.

Her Safe Family Unit attorney referred her to RILS's Low Income Tax Payer Clinic (LITC). Attorney Elizabeth Segovis obtained an order naming Terese as the personal representative for her daughter's estate and then assisted her with the IRS.

In the end, Terese was able to recover almost $10,000 to assist her with her grand- children's care.

Military Pensions and Divorce

Our office practices Family Law, and more specifically, we also draft military retirement orders for other attorneys in order to divide military pensions.

Far too often the attorneys do not understand the plan, nor do they understand what they are "giving up" to the other side by not knowing they have options. For example: The parties can divide a pension based on a formula calculated as of the actual retirement date, or use a formula that "freezes" the pension amount at the date of separation or divorce. These options have vastly different results, although there are legitimate reasons why one should more appropriate than another.

We give seminars several times a year and offer to answer questions for attorneys BEFORE the divorce settlement is negotiated. However, despite our efforts, we are rarely approached with such questions.

If you or someone you know is going through or contemplating divorce, the attorney handling the case should be aware of how the military pension works, and they ways in which it can be divided. If the attorney can't explain it, we are here to help. Please call us at 401-841-5700 or visit our website at www.CounselFirst.com. Do not wait until it is too late.

Rebounding Economy Encourages New Divorce Filings

Divorces are on the rise again across the U.S. and in Southern Rhode Island. Economic stability is giving unhappy couples confidence in their ability to support themselves in separate households. Experts credit the rebounding of the real estate market, improving unemployment numbers and the healthy stock market for the increase in new divorce filings. In recent years, many couples have felt forced to remain in unhappy marriages because one or both spouses may have been unemployed or fearful of a job layoff, or because the marital residence may have been an “underwater” property, with no equity to divide in a marital settlement agreement. The recovering economy also results in couples having more disposable income and being able to hire family law attorneys to represent them in long-awaited divorces.

Click here to read last week’s Today Show report on how couples are affording to file for divorce.

http://lifeinc.today.com/_news/2013/05/14/18250438-til-death-or-economic-recovery-do-us-part?lite

Have you been staying in an unhappy marriage because you are worried about your future finances?