How does divorce affect young children?

Parents who are going through divorce often want to protect their children from the emotional effects of the process, but what many don’t realize is that depending on how old the children are, the way to help kids through a divorce may vary.

For many young children, divorce may intensify a need for dependence, and for some it may also make them regress into behaviors that parents thought they had grown out of. According to this Psychology Today article, “For the young child, divorce shakes trust in dependency on parents who now behave in an extremely undependable way. They surgically divide the family unit into two different households between which the child must learn to transit back and forth, for a while creating unfamiliarity, instability, and insecurity, never being able to be with one parent without having to be apart from the other.”

The article, and other psychologists, suggest that one of the best things divorcing parents with young children can do is to establish regular routines and household activities. Young children need a sense of normalcy as much as possible, so parents are encouraged to be as reliable as possible in establishing visitation schedules and household routines. 

What is a premarital agreement?

Many of the couples who marry in this day and age will last a lifetime, but for some others, divorce is a much more probable outcome. While no couple plans on divorcing when they set out to marry, many couples decide before they marry that they want to plan for a range of outcomes, including divorce.

Most family law attorneys include premarital agreements as part of their practices. Premarital agreements, also referred to as ante-nuptial or prenuptial agreements, are contracts that the two halves of a couple enter into before they marry.

The content of these agreements is as varied as the couples who enter into them, but they can include a plan for what will happen to shared and individual assets should the couple divorce. Many attorneys and judges will use premarital agreements as a roadmap for dividing assets during the divorce process, but be aware that these agreements are not always fully enforced as written. It is up to the judge in a case to analyze and decide whether the agreement accurately reflects the situation between the parties when they divorce.

If you and your partner are considering a premarital agreement, it is important that you are each represented by an attorney. You must both also be as transparent as possible, which means that you’ll both have to share information on your assets during the process.

If you’re unsure whether you should have a premarital agreement with your partner, do some additional research and ask your attorney for more information. 

What should I do if marital assets emerge after the divorce?

The divorce process for many couples includes a deeply involved discussion about a couple’s finances and assets. That discussion aims to ensure that the couple’s assets are equitably divided so that both individuals can move on from the divorce on level financial footing. In some cases, one half of a couple may discover after the divorce is finalized that their former spouse hid assets from them and the court, which can be both a frustrating and alarming experience.

If you discover that your ex hid money or other assets from the court, you may have a handful of opportunities to ensure you get a share of them.

One of the first things you should do if you discover hidden assets is contact your attorney, who is trained to help you navigate the judicial process and will help you evaluate your options. He or she may advise you that it will be worthwhile to file a secondary lawsuit or a post-judgment motion for the judge to reconsider the divorce decree. If your ex deliberately hid the assets during the divorce process, he or she may be subject to punitive, or additional, damages.

Keep in mind that if you discover hidden assets, there may be time limits on bringing those assets to the attention of the court.  It is not advisable to wait long after discovering such assets to speak with an attorney, as by waiting you may be waiving certain options.

Regardless of why he or she hid assets, keep in mind that any reconsideration of your finances will still result in an equitable division, which does not necessarily mean equal division. Thus, it’s important for you to speak with an attorney to determine whether a lawsuit makes sense.