Winning Tactics For A Smooth Divorce
The term "smooth divorce" may be an oxymoron, meaning there may not really be such a thing as a smooth divorce. Divorces typically are a dramatic schism in a couple's lives, ending five, ten, or even thirty years of a relationship. Something like that can be painful, messy, and even violent. Nevertheless, there are certain steps that you can take during a divorce that can make a separation and divorce go as relatively smoothly as possible. These can include choosing the right divorce lawyer and knowing your state's divorce law.
The first step you should take in your divorce is to fill out the divorce form called a Petition. Some states may call this divorce form a Complaint. Whatever its name, the form is what lets the state court and your spouse know that you are officially filing for a divorce. The divorce form also announces your terms for the divorce, such as child support and custody, debt and property splitting up, and attorney's fees. These terms are important, so be certain to invest time on them with your lawyer.
You spouse will then file her or his own divorce form in response, called opposing papers, or simply, a response. If you are on this end of the divorce-the response side-be certain to prepare yours within your state's time limits. Some states have strict timelines by which opposing papers must be filed within. Otherwise, you lose your rights to argue your side of the divorce in court.
After both these divorce forms are settled, then the temporary orders are set up to regulate the conduct between you and your soon to be ex-spouse while the divorce is in progress. While this is taking place, the best advice for anyone in separation and divorce is to work toward alternative dispute resolution, meaning an out-of-court settlement. Why? Typically, divorces that go to court are the most messy and difficult, especially for the kids that may be caught in the middle.
During this whole process, possibly the best thing you can also do for yourself is get an experienced and well-respected divorce lawyer. The attorney may cost you more in the short run, but in the long-term side of things, you could save your relationship with your kids, much of your property, and even possibly a friendship with your spouse. A good lawyer will also inform you of your rights under divorce law, helping you to make the best decisions for yourself, your property, and your family.
Sunday, December 25, 2005
Cover Your Assets!!!
Cover Your Assets!!!
You’ve worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family’s future.
You didn’t do it to become a target of some lawsuit designed to take it all away. But unless you protect your assets, you are just such a target.
THE PROBLEM: Litigation Epidemic & Lack of Financial Privacy
LITIGATION EPIDEMIC. There is a litigation epidemic in this country. Predatory contingent fee lawyers file thousands of lawsuits each day, many of them with little or no merit. However, juries are awarding unrealistically high verdicts in many of these cases.
Ever expanding theories of liability continuously fuel this litigation frenzy. Each successful case is a stepping stone for expansion of liability theory. A decade ago people would have laughed at smokers suing tobacco companies, but today it is a reality. The recent recall of the diet drugs Redux, Fen-phen and the pain drug Vioxx has resulted in an explosion of suits suing doctors for prescribing what was a government approved drug.
Also fueling this litigation fever is the modern day version of the “Robin Hood” attitude of “take from the rich and give to the poor.” Suits are rarely brought against someone with no assets or no large insurance policy. In determining whether to sue someone, attorneys will often try and determine whether or not the target of the suit has enough assets to make the suit worthwhile. As discussed in the section below on financial privacy, inexpensive computerized searches can show virtually every asset you own. If the potential pay-off is large enough, a suit will be filed.
Insurance is a two-edged sword. It is a necessary component of all financial planning, but large policies can actually attract litigation. Not only do large liability policies attract litigation, but they can provide a false sense of security. In a substantial number of cases, insurance coverage is NOT available to pay the claim due to policy exclusions for items such as punitive damages, intentional acts, discrimination or sexual harassment. Verdicts have also exceeded the coverage limits of policies that are available, and insurance companies even have gone broke.
Don’t fool yourself by thinking that you will be OK, because you won’t do anything wrong. You don’t need to personally do anything wrong to be held liable for damages. In many cases the person held liable had nothing to do with causing the alleged harm. For example, business owners can be liable for employee sexual harassment and auto owners can be liable for a teenage driver's accident.
Lastly, rarely does anyone with wealth have a trial by a jury of their peers. Successful businessmen and professionals are often able to be excused or find a way to be excused from jury duty. Additionally, they are excluded from juries by attorneys that are trying to “stack the deck” in their favor. Take a look at the twelve people surrounding you next time you are at fast food restaurant and decide whether you want them to decide your financial future.
LACK OF FINANCIAL PRIVACY. Virtually every financial aspect of your life is currently being tracked, categorized, filed, numbered, referenced, documented, qualified, registered, indexed, recorded, listed and archived by private and government sources. This information can be retrieved almost instantaneously through computer searches by government officials, attorneys that want to sue you, and many other persons. If this is not enough, the federal government spends millions of dollars each year on informants. These informants provide information to the IRS, FBI, and other government agencies. Often these informants are disgruntled ex-employees, spouses, neighbors, or other persons that are close enough to you to be able to obtain vital information.
THE SOLUTION: Asset Protection Planning
VACCINE AND NOT A CURE. Unless you take proactive steps to protect your wealth, you stand a substantial risk of losing it. For asset protection to work, the planning must be done in advance of the occurrence of the event that is alleged to have caused the liability. Planning and transactions that occur after an event of liability can be considered fraudulent conveyances, and such planning will only compound your liability. In short, asset protection planning is an effective vaccine, but is not a cure to liability.
ASSET PROTECTION METHODS. In ALL business and estate planning arrangements care should be taken to create effective asset protection. You need to develop an asset protection mindset. Asset protection is a process, not a solitary act. Every good asset protection structure requires diligent maintenance to ensure its function.
Asset protection is accomplished by segregating personal assets from business assets and then segregating assets from liabilities. This compartmentalizing of assets and liabilities is done with corporations, limited liability companies, domestic trusts, offshore trusts and combinations of the same. It also usually includes proper insurance coverage.
Explaining all the tools available to protect your assets is well beyond the scope of this short article. Rather, the purpose of this article is to get you thinking about the need for asset protection and to reach a decision to take active steps to protect your wealth. Asset protection planning needs to be an important portion of your financial plan.
TAX COMPLIANCE. In addition to the pure financial aspect of protecting your assets, there is also a significant mental and emotional component. This component is the “peace of mind” that you get from knowing that you are financially secure. One very easy way to destroy this peace of mind is to get sideways with the IRS. If you intend to adequately protect your assets and your peace of mind, you need to be tax compliant.
Often effective asset protection plans create a perception of hidden assets. This “camouflaging of assets” should not lead you to think that “out of sight” means you do not need to pay all applicable taxes. Taking such a position is tax evasion, and can lead to financial disaster and even criminal prosecution. A properly functioning asset protection structure will be tax compliant and all applicable taxes will be reported and paid.
The power of the IRS is vast and they have the ability to break many asset protection devices. Even if they cannot reach all your assets, the process of an IRS dispute can be mentally and emotionally draining. If you find your asset protection structure under audit or attack by the IRS, you need to immediately retain a qualified tax attorney to represent you.
CONCLUSION. The wealth predators are prowling. They know who you are and they know what you own. One slip can lead to a litigation feeding frenzy. You must protect your wealth or lose it. Develop a defensive mindset in all your financial affairs. Also, protect your peace of mind. Do not slip into the trap of being non-tax compliant. If your wealth is attacked, defend with the best litigation attorney you can find. Likewise, if your affairs are challenged by the IRS, hire the best tax attorney you can find. Cover your assets!!!
You’ve worked hard to develop your career. You did it for yourself. You did it for your family. You did it for your retirement. You did it for your family’s future.
You didn’t do it to become a target of some lawsuit designed to take it all away. But unless you protect your assets, you are just such a target.
THE PROBLEM: Litigation Epidemic & Lack of Financial Privacy
LITIGATION EPIDEMIC. There is a litigation epidemic in this country. Predatory contingent fee lawyers file thousands of lawsuits each day, many of them with little or no merit. However, juries are awarding unrealistically high verdicts in many of these cases.
Ever expanding theories of liability continuously fuel this litigation frenzy. Each successful case is a stepping stone for expansion of liability theory. A decade ago people would have laughed at smokers suing tobacco companies, but today it is a reality. The recent recall of the diet drugs Redux, Fen-phen and the pain drug Vioxx has resulted in an explosion of suits suing doctors for prescribing what was a government approved drug.
Also fueling this litigation fever is the modern day version of the “Robin Hood” attitude of “take from the rich and give to the poor.” Suits are rarely brought against someone with no assets or no large insurance policy. In determining whether to sue someone, attorneys will often try and determine whether or not the target of the suit has enough assets to make the suit worthwhile. As discussed in the section below on financial privacy, inexpensive computerized searches can show virtually every asset you own. If the potential pay-off is large enough, a suit will be filed.
Insurance is a two-edged sword. It is a necessary component of all financial planning, but large policies can actually attract litigation. Not only do large liability policies attract litigation, but they can provide a false sense of security. In a substantial number of cases, insurance coverage is NOT available to pay the claim due to policy exclusions for items such as punitive damages, intentional acts, discrimination or sexual harassment. Verdicts have also exceeded the coverage limits of policies that are available, and insurance companies even have gone broke.
Don’t fool yourself by thinking that you will be OK, because you won’t do anything wrong. You don’t need to personally do anything wrong to be held liable for damages. In many cases the person held liable had nothing to do with causing the alleged harm. For example, business owners can be liable for employee sexual harassment and auto owners can be liable for a teenage driver's accident.
Lastly, rarely does anyone with wealth have a trial by a jury of their peers. Successful businessmen and professionals are often able to be excused or find a way to be excused from jury duty. Additionally, they are excluded from juries by attorneys that are trying to “stack the deck” in their favor. Take a look at the twelve people surrounding you next time you are at fast food restaurant and decide whether you want them to decide your financial future.
LACK OF FINANCIAL PRIVACY. Virtually every financial aspect of your life is currently being tracked, categorized, filed, numbered, referenced, documented, qualified, registered, indexed, recorded, listed and archived by private and government sources. This information can be retrieved almost instantaneously through computer searches by government officials, attorneys that want to sue you, and many other persons. If this is not enough, the federal government spends millions of dollars each year on informants. These informants provide information to the IRS, FBI, and other government agencies. Often these informants are disgruntled ex-employees, spouses, neighbors, or other persons that are close enough to you to be able to obtain vital information.
THE SOLUTION: Asset Protection Planning
VACCINE AND NOT A CURE. Unless you take proactive steps to protect your wealth, you stand a substantial risk of losing it. For asset protection to work, the planning must be done in advance of the occurrence of the event that is alleged to have caused the liability. Planning and transactions that occur after an event of liability can be considered fraudulent conveyances, and such planning will only compound your liability. In short, asset protection planning is an effective vaccine, but is not a cure to liability.
ASSET PROTECTION METHODS. In ALL business and estate planning arrangements care should be taken to create effective asset protection. You need to develop an asset protection mindset. Asset protection is a process, not a solitary act. Every good asset protection structure requires diligent maintenance to ensure its function.
Asset protection is accomplished by segregating personal assets from business assets and then segregating assets from liabilities. This compartmentalizing of assets and liabilities is done with corporations, limited liability companies, domestic trusts, offshore trusts and combinations of the same. It also usually includes proper insurance coverage.
Explaining all the tools available to protect your assets is well beyond the scope of this short article. Rather, the purpose of this article is to get you thinking about the need for asset protection and to reach a decision to take active steps to protect your wealth. Asset protection planning needs to be an important portion of your financial plan.
TAX COMPLIANCE. In addition to the pure financial aspect of protecting your assets, there is also a significant mental and emotional component. This component is the “peace of mind” that you get from knowing that you are financially secure. One very easy way to destroy this peace of mind is to get sideways with the IRS. If you intend to adequately protect your assets and your peace of mind, you need to be tax compliant.
Often effective asset protection plans create a perception of hidden assets. This “camouflaging of assets” should not lead you to think that “out of sight” means you do not need to pay all applicable taxes. Taking such a position is tax evasion, and can lead to financial disaster and even criminal prosecution. A properly functioning asset protection structure will be tax compliant and all applicable taxes will be reported and paid.
The power of the IRS is vast and they have the ability to break many asset protection devices. Even if they cannot reach all your assets, the process of an IRS dispute can be mentally and emotionally draining. If you find your asset protection structure under audit or attack by the IRS, you need to immediately retain a qualified tax attorney to represent you.
CONCLUSION. The wealth predators are prowling. They know who you are and they know what you own. One slip can lead to a litigation feeding frenzy. You must protect your wealth or lose it. Develop a defensive mindset in all your financial affairs. Also, protect your peace of mind. Do not slip into the trap of being non-tax compliant. If your wealth is attacked, defend with the best litigation attorney you can find. Likewise, if your affairs are challenged by the IRS, hire the best tax attorney you can find. Cover your assets!!!
Are You Confusing Escape with Comfort, in your relationship?
Are You Confusing Escape with Comfort, in your relationship?
We’re going to talk about some “advanced stuff” today, so I want you to pay careful attention. As you may or may not know, it is very important for a woman to feel a sense of security in a relationship, to feel protected when she’s with a man. This is true no matter how powerful or successful she is, and comes back to what I call defining authority in a relationship.
A woman takes comfort in a man who defines authority in a relationship. She feels secure… and the two go hand in hand IF what you’re providing is what I call “true comfort.” See, way too many people confuse comfort with escape and the consequences can be dangerous. So what’s the difference between the two?
Let’s start with what “escape” means. Escape is really the illusion of comfort… a retreat into a false reality in an attempt to get away from “real reality.” Unfortunately, the consequences of “real reality” still apply. An extreme example, of course, is the drug addict who spends all his time either high or trying to get that way, so he doesn’t have to deal with reality. Of course reality always come crashing down, and the addict has to face the consequences of the decisions he made based on events in his illusion that in actuality apply to reality. Usually these consequences are not good… jail, termination of relationships, health problems, etc.
Now, don’t get the idea I think escape is bad, because it’s not, unless taken to the extreme, and mistaken for comfort in the relationship. I think escape is a fine thing IF you both recognize that’s what you’re doing. In fact, many “special friends” or “adventure partner” relationships are based purely on escape, and that’s a great thing… as long as both people realize that and continue to make reality based decisions, not “illusion based” decisions. But, what often happens is one or both partners mistakes escape for comfort, and starts making decisions based on illusion, not reality. I think many long term relationships go bad for this reason. Can escape be part of a successful long term relationship? Sure, and it should be IF “true comfort” is present. “Special friends” or “adventure partners” can be based purely on escape, but if you want to have a successful long term relationship with a wonderful woman, you must be able to provide her true comfort IN ADDITION to escape.
So what is “true comfort?” True comfort comes from the creation of a different reality, the molding and changing of a current reality to create outcomes which lead to comfort and security. The old reality is changed, not “retreated from.” With “escape” you’re dealing with two versions of reality: reality itself and “illusion of reality.” With comfort you’re creating, changing, molding, and shaping your own reality. When you are aware of this distinction, and controlling the direction, your relationship improves on many levels.
True comfort in a relationship comes only from true strength. Only a truly strong man can create his own reality. And true strength comes from sound mind, true character, desire and the willingness to pay the price to create that comfort for her and for you. That means, learning, studying, reading and working on “reality creation”… developing the ability to create your own outcomes with attraction, with money, with your health and with your relationships. When you can do that, you will achieve fulfillment.
When she knows you can create a reality for her and you in these areas she will feel true comfort, even if she herself is already capable of creating these things for herself. Why would a “capable woman” settle for an “incapable man” who can provide only escape, not true comfort? The answer is, she won’t, at least not for long. She may indulge herself in escape for a bit, but when the escape is over and it’s time to get back to reality, she’ll continue her search for the MAN who provides her with true comfort in the relationship she wants.
The lesson is this: if you feel you’re ready for a long term relationship with a wonderful woman who makes every part of your day brighter, you must be strong enough to create true comfort for her. If not, you will only create escape, and your time with her will be momentary. Escape is great for some things, even as part of a long term relationship, but not as its foundation. When it’s true comfort you’re providing her she will stay with you until the end… and beyond.
We’re going to talk about some “advanced stuff” today, so I want you to pay careful attention. As you may or may not know, it is very important for a woman to feel a sense of security in a relationship, to feel protected when she’s with a man. This is true no matter how powerful or successful she is, and comes back to what I call defining authority in a relationship.
A woman takes comfort in a man who defines authority in a relationship. She feels secure… and the two go hand in hand IF what you’re providing is what I call “true comfort.” See, way too many people confuse comfort with escape and the consequences can be dangerous. So what’s the difference between the two?
Let’s start with what “escape” means. Escape is really the illusion of comfort… a retreat into a false reality in an attempt to get away from “real reality.” Unfortunately, the consequences of “real reality” still apply. An extreme example, of course, is the drug addict who spends all his time either high or trying to get that way, so he doesn’t have to deal with reality. Of course reality always come crashing down, and the addict has to face the consequences of the decisions he made based on events in his illusion that in actuality apply to reality. Usually these consequences are not good… jail, termination of relationships, health problems, etc.
Now, don’t get the idea I think escape is bad, because it’s not, unless taken to the extreme, and mistaken for comfort in the relationship. I think escape is a fine thing IF you both recognize that’s what you’re doing. In fact, many “special friends” or “adventure partner” relationships are based purely on escape, and that’s a great thing… as long as both people realize that and continue to make reality based decisions, not “illusion based” decisions. But, what often happens is one or both partners mistakes escape for comfort, and starts making decisions based on illusion, not reality. I think many long term relationships go bad for this reason. Can escape be part of a successful long term relationship? Sure, and it should be IF “true comfort” is present. “Special friends” or “adventure partners” can be based purely on escape, but if you want to have a successful long term relationship with a wonderful woman, you must be able to provide her true comfort IN ADDITION to escape.
So what is “true comfort?” True comfort comes from the creation of a different reality, the molding and changing of a current reality to create outcomes which lead to comfort and security. The old reality is changed, not “retreated from.” With “escape” you’re dealing with two versions of reality: reality itself and “illusion of reality.” With comfort you’re creating, changing, molding, and shaping your own reality. When you are aware of this distinction, and controlling the direction, your relationship improves on many levels.
True comfort in a relationship comes only from true strength. Only a truly strong man can create his own reality. And true strength comes from sound mind, true character, desire and the willingness to pay the price to create that comfort for her and for you. That means, learning, studying, reading and working on “reality creation”… developing the ability to create your own outcomes with attraction, with money, with your health and with your relationships. When you can do that, you will achieve fulfillment.
When she knows you can create a reality for her and you in these areas she will feel true comfort, even if she herself is already capable of creating these things for herself. Why would a “capable woman” settle for an “incapable man” who can provide only escape, not true comfort? The answer is, she won’t, at least not for long. She may indulge herself in escape for a bit, but when the escape is over and it’s time to get back to reality, she’ll continue her search for the MAN who provides her with true comfort in the relationship she wants.
The lesson is this: if you feel you’re ready for a long term relationship with a wonderful woman who makes every part of your day brighter, you must be strong enough to create true comfort for her. If not, you will only create escape, and your time with her will be momentary. Escape is great for some things, even as part of a long term relationship, but not as its foundation. When it’s true comfort you’re providing her she will stay with you until the end… and beyond.
Men’s Moissanite Wedding Rings: A New Choice for the Modern Groom
Men’s Moissanite Wedding Rings: A New Choice for the Modern Groom
Explore the new trend in wedding jewelry — men’s moissanite wedding rings. Men are becoming increasingly savy about their choice of wedding jewelry. Many grooms wish to create a unique yet affordable look by exploring different stones and metals. Men’s moissanite wedding rings are an attractive and economical alternative to the traditional diamond wedding band.
Moissanite is an increasingly popular choice for men’s wedding rings. Though less expensive than the diamond, moissanite is so similar to the diamond in appearance and properties that even those with a trained eye may have trouble distinguishing them. Manufacturers claim that moissanite actually sparkles more than a diamond, and is almost as hard.
Moissanite was first identified as a rare natural substance in meteorites. In the late 1800’s, Dr. Henri Moissan, discovered the substance associated with a fallen meteor in Arizona. However, it is only recently that moissanite was available for purchase. Today, moissanite gemstones are synthetically produced for jewelry. Moissanite’s durability and resistance to heat make it easy to work with for jewelers. Many people are drawn to the stone’s original “otherworldly” origins, and diamond-like appearance.
Men choosing a Moissanite wedding ring can have the look of diamonds without the exorbitant price. Indeed, the groom can splurge on bigger stones and a more dramatic look by choosing the less expensive material. While less expensive, moissanite is a quality stone that is typically set in gold or other precious metals.
Charles & Covard is the only manufacturer of moissanite. JC Penney now sells the line, calling it “one of the fastest growing choices for jewels today.” Moissanite rings come with a lifetime warranty, and will endure the years of marriage as well as a diamond.
Explore the new trend in wedding jewelry — men’s moissanite wedding rings. Men are becoming increasingly savy about their choice of wedding jewelry. Many grooms wish to create a unique yet affordable look by exploring different stones and metals. Men’s moissanite wedding rings are an attractive and economical alternative to the traditional diamond wedding band.
Moissanite is an increasingly popular choice for men’s wedding rings. Though less expensive than the diamond, moissanite is so similar to the diamond in appearance and properties that even those with a trained eye may have trouble distinguishing them. Manufacturers claim that moissanite actually sparkles more than a diamond, and is almost as hard.
Moissanite was first identified as a rare natural substance in meteorites. In the late 1800’s, Dr. Henri Moissan, discovered the substance associated with a fallen meteor in Arizona. However, it is only recently that moissanite was available for purchase. Today, moissanite gemstones are synthetically produced for jewelry. Moissanite’s durability and resistance to heat make it easy to work with for jewelers. Many people are drawn to the stone’s original “otherworldly” origins, and diamond-like appearance.
Men choosing a Moissanite wedding ring can have the look of diamonds without the exorbitant price. Indeed, the groom can splurge on bigger stones and a more dramatic look by choosing the less expensive material. While less expensive, moissanite is a quality stone that is typically set in gold or other precious metals.
Charles & Covard is the only manufacturer of moissanite. JC Penney now sells the line, calling it “one of the fastest growing choices for jewels today.” Moissanite rings come with a lifetime warranty, and will endure the years of marriage as well as a diamond.
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