With the holidays coming up, we sit down with Matrimonial and Family Law attorney, Steve Wiseman to discuss visitation. Enjoy!
One of the most frequently asked questions I am asked by a client who is getting divorced is whether his or her spouse can be forced to move out of the residence they are living in together. At face value it is a fair and logical question, it seeming to be simply common sense that in all but a few instances where the parties are able to peacefully coexist, living together during a divorce is likely to be stressful, acrimonious, and uncomfortable.
In many divorces, the most significant assets – even more so than the parties’ residence – are their pension and retirement accounts. It is not unusual in longer marriages that the parties may have 401K or similar plans totaling hundreds of thousands of dollars or a pension plan that will pay a significant monthly benefit upon retirement.
For many divorcing persons one of their most important assets, oftentimes the most significant one, is their house. Significant not only financially, but frequently emotionally as well.
The last thing a couple about to be married should be worried about is that one day they may be getting divorced. However, as Benjamin Franklin said, “An investment in knowledge pays the best interest.” Although the overall rate of divorce in the United States is said to be declining (a notable exception, according to the National Center for Family & Marriage Research at Ohio’s Bowling Green State University, is divorce among people over the age of 50, 25% of whom are getting divorced now compared to 10% in 1990), it’s pretty safe to say that 1 out of 3 marriages ends in divorce.