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Newark Family And Estate Law Blog

Even though you and your soon-to-be ex-spouse have no children, your dog seems like a member of the family. If you acquired the animal during your marriage, though, you are likely to have to address its ownership when you divorce. After all, you simply cannot split the pooch into two equal parts.

Unlike in many other states, California law allows divorcing spouses to pursue custody of dogs, much like you would with a child. If you expect your husband or wife to fight a custody battle, you should prepare yourself to advocate effectively for your interests.

Judicial considerations

According to reporting from PEW, family court judges in the Golden State have the authority to consider pet care when deciding whether to award sole custody of the dog to one person or joint custody to both. Therefore, when planning to seek exclusive custody of your pup, it is important to think like a judge.

Your evidence

Before your court date arrives, you should try to collect comprehensive evidence about who cares for your dog. In addition to finding documentation about the pup’s adoption, you should think about who feeds, walks and spends time with the animal. You also may want to document the role you have played in obtaining veterinary care for your pup.

The dog’s attachment

If your dog is like many others, the animal may prefer you over your soon-to-be ex-spouse. If this is the case, it may be helpful to try to document the dog’s attachment to you. This may require affidavits from someone at doggy daycare, your veterinarian or others who are in the know.

Ultimately, by gathering as much evidence as possible about your relationship with your dog, you may increase your chances of winning sole custody of the animal.

When you and your spouse decide to split up, you may not have much insight into the process. A commonly divisive issue that comes along with it is how you and your spouse will divide finances.

The court prefers spouses to compromise, but that cannot always happen. As such, the state’s laws dictate how a judge will do things should it come down to it. Gain a basic understanding of how a judge may rule when it comes to who gets what.

What does equitable mean?

Under New York law, divorcing couples should equitably divide their property. While this sounds like it means equal, that is not the case. An equitable split is one that the court deems fair after weighing your and your spouse’s many contributions to the marriage. This may mean that one spouse gets more in a divorce than the other for many reasons.

What does the court consider a contribution?

So, what does the court look at when deciding who contributed what? While judges will want to look at income and the financial aspects of what each spouse brought, it does not end there. In an equitable split, the judge also examines situations including:

  • Who bears more responsibility for the end of the relationship?
  • Who stayed home to raise children?
  • Who has more separate property?
  • Who may need time to get income up after divorce?

It is worth noting that debt divides along the same lines as property and assets do.

If at all possible, you may want to try and work things out before a judge steps in. This keeps you and your spouse in control rather than allowing a third party to dictate your future.

No matter your age or where you are in life, getting a divorce can be tough. This can be especially true for those who are getting a gray divorce.

Although divorce is difficult, arming yourself with information can make the process easier. If you are looking to better understand what a gray divorce is and how it might impact you here are some things to think about.

Learn about gray divorce

A gray divorce is a divorce that occurs when the couple parting ways is 50 years old or older. This kind of divorce has been increasing in recent years, and it appears that older couples are changing their attitudes towards parting ways later in life.

Learn how having a gray divorce impacts the process

While divorces can have similar aspects no matter who the couple is, there are some key differences when it comes to a gray divorce. When both people in the couple are older, their goals may differ from those who are younger. Not only that, but older divorcees may have a harder time recovering financially from a divorce. These types of things can make a gray divorce slightly more difficult to navigate. Not only that but divorcing later in life can also raise the steak for those getting divorced.

A divorce can be a challenging thing to experience, especially for an older couple. The upside is, though, that by taking the time to educate yourself and make the right plans you can ensure that you are looking out for your best interests and protecting your future.

Understanding the importance of choosing a respectful and thoughtful executor is key for you and any beneficiaries in your life. After you die, you want to have a person who knows your wishes and what to do next.

Taking time to understand the weight of this choice can help you as you think seriously about who to pick.

Better handling of financial issues

According to Kiplinger, your executor should take time to review basic ideas about finances before beginning to pay any expenses or deal with bank accounts. Although this person needs to stay aware of how to spend money, they do not need to have a lot of knowledge about financial topics or formal training to do these tasks.

Asset distribution is a large part of the process, so this person must approach being an executor like a job. Picking someone who takes finances seriously is a good idea if you worry about all the tasks an executor needs to complete.

Less fighting among family

One other aspect of an executor’s personality is whether or not they will get along with family members and beneficiaries. While they may know a lot about handling money, if they are prone to fighting or tend to disagree over important matters in stressful situations, it could be a bad match.

This person is also typically significantly younger than you. Keeping your records organized and talking to your beneficiaries while you plan your will can help them understand what will happen in the future. Choosing the best executor that is willing to complete this job and fulfill your wishes can help you relax.