Category: Divorce Lawyers

Gray divorces are becoming more common, divorce law firms across the country are finding.

Though these divorces among middle-aged and elder couples 50 years and older might seem like any other divorce, they do bring with them certain issues that require the expertise of divorce lawyers familiar with these situations.

Older married couples getting divorced after many years should seek the assistance of divorce attorneys who understand the challenge of gray divorces and can appropriately help clients get through them.

What Are Common Gray Divorce Concerns?

What are the main concerns that arise with gray divorces?

There are two issues of note that divorce lawyers see when their 50-year plus clients decide to divorce, regardless of the reasons why:

1. The Family/Emotional Element - Gray divorces frequently bring with them the shock and emotions of adult children and young grandchildren facing the reality that their parents/grandparents are splitting up. Sometimes families roll with these changes easily, but other times, divorce attorneys see that it is the extended family that has the hardest time adjusting and not the couple themselves. Families of gray divorces must make the effort to understand their elder relatives wishes to enter into their late years in happiness without the problems that have led them to get divorced in the first place, then create new traditions to support both parents, even if that means doing it separately.
2. The Financial Element - Some couples that have had long marriages have frequently also amassed a large number of assets that can include homes, vehicles, hefty retirement accounts, and much more. Dividing up this property can become especially challenging in gray divorces when retirement is around the corner or spouses are already retired. Divorce law firms must handle these divorces carefully to ensure the fair distribution of marital property while also considering each spouse’s social security benefits and other retirement payouts. It is a priority that each spouse ends up in a financially stable position after the divorce is final. Sometimes, these negotiations can be challenging, especially when couples are divorcing on poor terms.

Seek The Help of Divorce Attorneys With a Gray Divorce

No matter what the reasons are leading to gray divorces, more divorce lawyers are finding more older couples splitting and having to deal with the sometimes challenging aftermath.

In these cases, it is important that 50-something plus spouses seeking divorce hire a divorce law firm that is especially experienced in handling the financial aspect of gray divorce and can also provide the necessary support for dealing with the emotional aspect affecting adult children and extended families.

Do you need a divorce lawyer?

Keep in mind that just because a lawyer is licensed and has many certifications does not necessarily mean they are the best divorce attorney for your case.

This article will help you find the right divorce lawyer for your individual situation - you won't regret it!

Ask Your Divorce Attorney If You Don't Understand

Legal proceedings can often be confusing and complicated when you lack a background in law, so be sure to let your divorce lawyer know when you are confused or if you need a clearer understanding of what to expect from your divorce proceedings.

A divorce attorney should return your calls in a timely manner.

Have Your Divorce Lawyer Explain The Fee Structure

Never hesitate to ask your divorce lawyer about any part of the fees you do not understand.

There are many people who have issues with the fees they are charged by a divorce attorney, but many of them do not say anything.

There is a chance that you can do some of the work yourself and save a little, so make sure to ask about that.

Will A Specialized Divorce Attorney Cost More Money?

When you think about hiring a specialized divorce lawyer, do you worry about the associated increase in fees?

Well, what are you willing to pay for a positive outcome? Consider the cost of losing!

Also consider that the time savings in hiring a specialized divorce attorney over a general lawyer will save you money, lowering the total bill.

Establish A Budget

You should establish a budget before you start looking for a divorce attorney.

Go over your finances and assess how much you can afford to spend on a lawyer. You should not let a potential divorce lawyer know about your budget when you ask for quotes but this is a good way to narrow down your research.

What Does All This Mean?

As this article said earlier, you will find that all divorce attorneys cannot meet certain needs.

When you understand about what each type of lawyer does, you will be able to choose the right divorce lawyer for your upcoming divorce rather easily.

The tips here will lead you down the path to the right candidate.

Texas is a community property state, which means that everything you earn during the marriage is considered to be jointly owned by both spouses.

According to divorce attorneys, here are provisions in the law for situations where it might not seem logical to divide all of your property equally.

In divorce, property is divided equally between the spouses unless a different division of assets has been previously agreed to by both parties or ordered by a judge after divorce proceedings have begun.

A divorce attorney can help you understand what your rights under Texas state law might be in divorce proceedings.

Income Considerations

Income of both spouses may be considered.

Per experience divorce attorneys, if one spouse earns the majority of income during the marriage and another takes care of children or stays home to manage their affairs while they are traveling for work, there is a good argument that those contributions should be considered as well.

As another example, if one spouse has traditionally been the breadwinner and put in more hours to get ahead at work than the other did during marriage, that person might be awarded a larger share of community property.

Division of Retirement Accounts

Another area where this is relevant is when it comes to the division of retirement accounts.

The divorce lawyer can also help you understand how pension or 401K plans will be treated, as these account balances are often considered community property in divorce proceedings.

More Of Value Than Money: Personal Property and Debts

Divorce attorneys also have to consider that there are sometimes non-monetary contributions that should be considered in the division of property.

For example, if one spouse made an emotional or physical contribution toward ensuring a home was well kept throughout the years together, it might mean they are entitled to more than just their share of money from sale proceeds.

Other Considerations

Divorce attorneys advise that here are different ways that property can be classified or considered, including: community property, separate property and quasi-community property.

For example, if a divorce court finds that the assets were brought into the marriage by one spouse or inherited during the marriage by one spouse, then they may be considered separate property.

Some divorce proceedings may also involve the division of debt as well as assets.

In Summary

The divorce lawyer you choose to represent your interests should have an understanding of this process in order to better represent your interests and protect your rights.

He or she can review the facts of your case and help you understand what factors may be important when determining how to divide assets if you are getting divorced.