The younger generation of newly wedded men and women looked up to their parents for a successful married life until few years ago. The love & affection they shared was an inspiration and their togetherness a blessing. But that era has now passed.
People in their 40s and 50s are open to the idea of divorce – which is now officially termed as a “gray divorce.” This term was coined in 2004 after an increasing trend of older couples heading for divorce was noticed.
The numbers are increasing year by year. Today, 1 in every 4 divorces is a gray divorce and of which more than 60% petitions are filed by women and the remaining by men. The causes for the rise are plenty – financial freedom in women and infidelity in older men are cited as few potential reasons in the research conducted by AARP (American Associate of Retired Persons). However, this report has been disputed.
The Growing Statistics:
Couples from Baby Boomers era are splitting for good. The statistics are shocking. Here’s what the research shows:
Most gray divorces are initiated by women. Talking in terms of the percentage, as mentioned on Wikipedia, it’s 66% by women and the 41% or so by men. The men and women of age group 40-49 contribute to 73% of such divorces, followed by 22% by people of 50-59 yrs, and 4% by people over 60 years of age.
The divorce statistics in the United Kingdom show a rise after gray divorces became common among older couples with young kids.
The Perceived Benefits:
We may find it odd to see people parting ways after decades of married life. But they see it as a life changing experience. There are some perceived benefits that allow the men and women in their 50s to take this step. Few of those benefits are:
Financial independence – Expenses are minimized to half after the divorce. Men or women don’t have to spend all their earnings on the family and can have something for themselves. And also enjoy the social security benefits even after separation (if an application is filed with the Social Security Administration).
Increased life expectancy – The scientific health claims are being debated over its accuracy, but people believe they would be able to live longer when they live alone and stress free. With the kids gone and no bad relationship at home, a divorced person in his/her 50s can be healthy for the years to come.
Divorced couples aren’t willing to give up on life. They are up for a new relationship and a healthy lifestyle but without any thoughts of remarrying.
There is no doubt that going through a divorce is not easy. It is a stressful situation to be in and many times this can distract the couple from making the right choices. However, this is not surprising considering the emotional, financial and practical issues that are part of the divorce proceeding. There are many couples that end up making some common legal-blunders that they could have avoided.
Agree to an early settlement
Many couples are hasty and agree to an early settlement without realizing the financial repercussions this can have. There is no doubt that you want to get out of your bad marriage, but you should not do it so quickly so as to lose your financial security. You should carefully make copies of all important financial documents, such as credit card statements, savings accounts-statements, tax forms, pension statements, mutual fund statements and anything else you may have.
Get deeper into debt
There is no doubt that divorce can be expensive, with you spending large sums of money on lawyer’s fees and setting up a new house. While it will be tough to make ends meet, you need ensure that you have a nest egg in place to settle your legal bills and court costs. Do not depend on your alimony or marital property share to settle your bills. You should be able to manage with the funds you have for legal proceedings.
Forgetting to change your will
If you are getting divorced and your spouse is named the beneficiary, ensure that you change your will and name a different beneficiary. If you die before the divorce is finalized, your spouse will receive all the assets and money as the legal beneficiary. Also, remember getting divorce does not revoke a will automatically so change your will the moment you start divorce proceedings.
Although most married couples experience conflict occasionally, some seem to face serious difficulties in managing their relationship. When they are unable to make progress in resolving their differences, they may even consider filing divorce papers to end their marriage. But for those who are willing to work at saving the relationship, yet feel that time spent apart could be beneficial as they work on their problems, legal separation may be the answer.
While a divorce legally ends a marriage, a legal separation is like a “timeout” for married spouses, giving them time to work on their issues in mediation or with a counselor. Although some of these couples eventually divorce anyway, many are able to resolve marital issues and resume their marriages happily and productively.
Attorneys and legal document assistants providing divorce services can assist the couple in filing for a legal separation. The documents involved will indicate the terms of the separation:
Who lives where, i.e. the marital home or elsewhere
Custody and visitation of any minor children
Alimony and spousal or child support if warranted, along with other financial holdings
Splitting of household and personal belongings, and other real or personal property
Terms and conditions of the legal separation
Often, when a couple meets with an attorney, they are shocked by the negativity of a divorce and decide to stay together and work things out. But those that do file for legal separation may appreciate time spent in reflection, healing, and dealing with issues that are negatively impacting the marriage, such as abuse or an addiction.
Some couples remain married but legally separated for years in hopes of repairing their marriage or to provide a family environment for their children. Rather than rushing to file divorce papers, a couple should first thoughtfully consider a legal separation.
Divorce papers can be filed in a number of ways: you can enlist the help of a divorce attorney, hire a Legal Document Assistant to help or file the papers on your own. Many people prefer to use the services of Legal Document Assistants or file the divorce papers on their own to save money. However, this is only an option if you and your spouse have already made a decision about child custody and distribution of property and are in agreement.
If you are divorcing your spouse, they may be eligible to certain benefits such as social security benefits, disability benefits and alimony, depending on the length of time that you have been together and your spouse’s age. There are cases when alimony payments can easily eliminate social security benefits.
The social security benefits are not actual property, but because they are received as a form of income they are normally targeted during divorce due to the fact that they are considered an asset that should be redistributed. Though the benefit may be for a single partner that may be having a disability, the other partner can still go for the funds even when they have no disability themselves.
If you are filing for legal separation you should also know about all the factors involved. There is a stark difference between being legally separated and a separation. The latter refers to you and your partner living separately for a while to cool down while, with the former, the courts will have to move in and a judge will declare the separation as being recognized by law even if you are still married.
Residents of California are a bit fortunate when it comes to issues of divorce and settlements after divorce because the state offers its residents California legal help. This means that if you live in California and want to divorce you can get help from the state offices about your legal rights through various agencies such as California file tax returns and state controller office among others.
If you are considering ending your marriage, then you may be wondering just exactly what the difference is between divorce and annulment. A marriage and annulment is a motion that the marriage be ended and removed from the record of the court that recorded it. This method of ending a marriage is much shorter then a divorce; however, an annulment motion must be filed within a certain time frame after the marriage occurs to be a valid option. A divorce requires much more paperwork than what an annulment does and it is a much longer and drawn out process. If you have been married for longer than a few months though, divorce is normally your only option.
You may be wondering why one would seek an annulment versus a divorce. Most couples that seek an annulment are those who after only a few weeks of marriage realize they have made a mistake or those that got married in a rush without thinking anything through. They are normally couples that do not have joint assets nor children together. Those who seek a divorce are those who entered marriage willingly understanding what they were doing. Most couples that file divorce papers have been married for at least a year and have joint assets and possibly children as well.
Before you file divorce papers, you need to step back and see what your own unique situation is. Which do you think you can file for? After evaluating the entire situation, seek out the help of an attorney who specializes in divorce service to begin the process of ending your marriage and of beginning a new life.
Every state has different divorce laws. Some states make it very difficult because they hope people can reconcile their differences and stay together. Usually they don’t, but when they do, a marriage saved is worth any effort.
The state of California has three ways to end a marriage: annulment, legal separation and divorce. Both parties do not need to agree to the divorce in the state of California. This state is a no fault state and that simply means that no one has to prove anyone did something wrong in order to file for the divorce.
When children are involved, divorce becomes very difficult and often the children will have a hard time recovering from the situation. Before signing any type of divorce papers, it is often a good idea to have some type of counseling. For the sake of the children in the family, if the divorce can be handled in a way where the former partners remain friends, it will help them adjust.
To get through the process a little easier it’s good to get help from experts in the field. For example, a divorce service in Orange are relatively easy to find. They charge different amounts and will often be able to give the person filing for the divorce an idea of the total price.
To save more money, though, it’s best to look for notary services in Orange that will handle all the legal documents for the divorce, mainly the divorce papers. Although this can be a very stressful time, it is necessary to walk through this ending process, and a good divorce service in Orange can make all the difference. California is lucky to have many different legal services to help anyone who wants to getdivorce.