Blog | Richard P. Busse Attorney at Law

3 Divorce Law Statistics Parents Need to Know

Tue, 06 Sep 2022 14:44:05 GMT

It's no secret that divorce rates in the United States are high. As the number of divorced couples continues to climb, it's essential that we maintain a conversation about how to cope with divorce in a healthy manner.

A divorce for a couple with kids requires both parents to act in the children's best interests. That's why there are state-enacted laws in place to govern divorce proceedings that involve children. A little research can provide insight into how divorce laws work. This guide offers three divorce law statistics that parents need to consider.

1. Marital Property Law

The way a court shares a couple's marital assets mainly depends on the couple's home state's divorce law. This could involve either equitable distribution law or community property. Most states are considered equitable distribution states, while only nine community property states exist in the United States. Under the former law, the court reflects the person's assets as their own property unless the couple has decided to share them. Gifts and inheritance, however, are separate property.

For many separating couples, one of the biggest concerns is what will happen to the former family home. This worry is only amplified if children are in the equation. Often, the home is the largest asset of the marriage and the future of the home itself impacts the future of every family member's life. Ultimately, the decision to sell the house and divide the proceedings falls entirely on the divorcing couple. They have an equal claim of the proceedings regardless of whose name the property is listed under.

2. Child Custody and Visitation

Divorce usually involves child custody and visitation arrangements for couples with children. According to the U.S. Census Bureau, in 51% of custody cases, separating spouses agree that the mother should be granted primary custodianship over the children. Child custody rights give a parent the legal right to care for and make decisions on behalf of the child. On the other hand, visitation rights provide the legal right to spend time with the children. This time is usually based on a set schedule. Typical forms of child custody include physical and legal custody. Joint custody is also a custody option. Joint custody can include joint legal or joint physical and legal custody.

3. Child Support

Research shows that most divorced parents in the U.S. have some form of child support arrangement. Divorce doesn't eliminate either parent's financial responsibility to their child. The parents can voluntarily start the support arrangement. They can seek an order from a court or state agency if there are disagreements. The directive is usually based on specific economic guidelines. Child support under divorce law is required of the non-custodial parent and parents in a joint custody agreement. In some cases, legal fatherhood needs to be determined before a court will order payment.

Property division in the case of a divorce depends on whether the resident state has community or separate property laws. Parents must work on custody, visitation, and child support agreements before and during a divorce. Our legal professionals are here to help you during this process. Contact Richard P. Busse Attorney at Law today to learn how we can assist you.

5 Signs You Should Hire a Divorce Lawyer

Wed, 16 Feb 2022 13:27:45 GMT

If your marriage is on the rocks, chances are good you need a divorce lawyer. When you got married, you probably thought it would last forever. But, if you find things aren't working, it may be best for both of you to move on. Here are three signs that you need to hire a divorce lawyer:

You Both Aren't On Good Terms

Studies have shown couples going through a first divorce are around 30 years old. According to Brides.com, at least 60% of divorces involve spouses aged 25-39. If you aren't on good terms with your spouse, someone who's well-versed in divorce law is needed. Why? Usually, one party isn't willing to sit down and compromise, especially when circumstances like abuse or cheating are involved.

A divorce lawyer can be a good intermediary between two sparring spouses and they help protect the interests of those who hire them.

Division Of Property

Property division is one of the most complex issues in divorce law. This is especially true when both parties have acquired assets prior to a marriage, a couple has a joint business, or property is acquired during a marriage. Property disagreements can be a source of great division and unwillingness to compromise. When that happens, a divorce lawyer can be of great help. They have the resources to track assets and ensure they are distributed fairly.

You Don't Know Divorce Law

There's no doubt that divorce law can be a very complex subject. It gets even more complicated when you throw in issues like prenuptial agreements, child support or custody, a blended family structure, or alimony payments.

A divorce lawyer can be helpful in taking both parties through the ins and outs of divorce. It can get tricky too, because divorce law varies from one state to another, and both parties need to be aware of what the law says. Divorce lawyers know the law inside and out and can safeguard the interests of both parties.

Bottom line: if you're going through a messy or complex divorce, don't leave anything to chance. A lawyer can not only handle the divorce process but can offer much-needed emotional support during what is surely a very difficult time. Divorce can be a tough thing to handle on both sides, but a divorce lawyer can make the whole process much easier and smoother.

Questions to Ask Before Hiring a Divorce Law Firm or Attorney

Mon, 16 Aug 2021 16:31:52 GMT

Most people get married thinking they will spend their lives with their significant other. However, due to unavoidable circumstances, some marriages end in divorce. The divorce rate in the U.S is a mere 10%, while that of Indiana is 8%, making it lower than the national rate.

Deciding to contact a divorce law firm is usually the last step. It means that you have tried everything, from therapy to discussions with loved ones. Divorce does not have to be messy, and to keep the process worry-free, always choose an attorney with your best interests at heart. Before you hire legal help to separate with your partner lawfully, consider the following factors.

1. How Experienced Is Your Attorney?

Experience is vital when it comes to divorce cases. A knowledgeable Valparaiso lawyer has all skills to handle the jurisdictions governing such matters. In turn, it will be hard for you to have any losses. Your divorce lawyer should have a rich history of working in divorce law and advertise it as one of their fields of work.

2. How Available Are They?

You want to hire attorneys that have the time to handle your case with care. If you are not a priority in the law firm, neither is your divorce. Most lawyers have multiple cases, so they will probably be busy before your case.

Always ask about their availability, and if they can’t make time for your case, you are better off hiring another firm. If your claim is hectic and stormy, you will need as much attention as possible.

3. Are There Any Communication Barriers?

Do not hire an attorney if you are uneasy during the consultation and feel the communication is off. Go for a reliable divorce law firm that makes you feel comfortable and heard. After all, you are entrusting this team to handle your legal separation and assets, if any. Take advantage of consultation to gauge the attorney’s attentiveness. The first impression is all you need to tell if the lawyer-client relationship works out.

4. Do They Know Your Partner?

Never work with a divorce attorney that is associated with your spouse. Conflict of interest may arise, and this will impact your case. Remember that your lawyer is also human, and you would not want their personal feelings to get in the way of your interests. The best divorce lawyers prevent bias in all manners.

5. Settling or Trial?

If you want mediation, but your attorney insists on going to trial (or vice versa), then look for a divorce law firm that you see eye-to-eye with. Your relationship with the lawyer directly impacts the success of your case. Any disagreements could cost you.

Hire a Divorce Lawyer Valparaiso, IN

It is important that clients understand the difference between a divorce lawyer and a lawyer who handles other types of cases. A divorce attorney is an attorney with skills, knowledge and experience in matters related to divorce. Lawyers may have experience in legal areas that can assist you but not specifically with family law issues such as adoption or property division. Because divorce involves such emotionally charged issues, it is important to be comfortable with your attorney. An attorney with whom you have a comfortable relationship is more likely to be an effective advocate for you and make better decisions on your behalf.

Do you need a divorce law firm that can handle your divorce case from start to finish or someone who will assist you? Look no further! Richard P. Busse and Associates divorce lawyers are at your beck and call. We handle child support, custody, alimony, paternity, property, and assets division, among others cases. Call today and book a free consultation.

Why You Need an Estate Plan

Tue, 18 Aug 2020 18:55:42 GMT

A common misconception is that only the rich and wealthy need to concern themselves with estate planning. This misconception can result in significant unnecessary, and completely avoidable costs to your estate and additional burdens for your loved ones as nearly everyone can benefit from the development of an estate plan. Young or old, wealthy or middle class, an estate plan can reduce the taxes and expenses of an estate, simplify and speed the transfer of assets to the next generation and help ensure that beneficiaries are protected and taken care of as well as carry out your own wishes concerning your health care.

Having an estate plan is among the most important things you can do for not only you but your loved ones as well. It is, however, a task that many dread and put off dealing with until later in life. If there is one thing that I can recommend, it is that it is never too early to start planning, but it can be too late. Do you have an estate plan that will provide for your loved ones in the event of death or upon incapacity?

If you are new to the concept of estate planning, it is easy to get overwhelmed, but don’t let that dissuade you. An easy place to start is with the basics. An estate plan essentially defines how you want your assets to be owned, managed and preserved during your lifetime and how you want them disbursed after your death as well as how you wish to be cared for at the end of your life. The plan also deals with the important decision about who will look after your estate. Accordingly, there are five main estate documents:

1. Last Will and Testament

2. Durable Power of Attorney

3. Living Will

4. Health Care Representative

5. Living Trust

The most well know and identifiable document is of course the Last Will and Testament. It is a testament to show your competence and knowledge of your estate and loved ones by naming them all and appointing a personal representative, sometimes referred to as an executor, who administers the handling and distribution of your assets upon your death. They can also appoint guardians of minor children who will oversee their care and custody until they become adults. One major negative with a Last Will though is the fact that it must be “probated” or taken through probate court by opening an estate case with your local county court in order for your assets to be distributed. This can take many months or even years to complete. With financial assets, this can best be avoided by appointing transfer-on-death beneficiary(s) for your accounts. With real estate, here in Indiana this can be dealt with by either a transfer on death deed or a quit claim deed, depending on your circumstances.

The Durable Power of Attorney appoints a spouse, a family member, friend, or advisor as an agent to act on your behalf for financial and legal matters. This can take effect upon signing, or “execution”, or upon incapacitation, to which you can specify within the document what that may mean.

The Living Will deals with your end-of-life healthcare wishes. It covers pain relief and/or whether you would want a ventilator, feeding tube or resuscitation in the event that you are in a situation where death is approaching soon.

A Health Care Representative document appoints a person or person(s) that you trust to make medical decisions for you when you no longer can, automatically giving that person access to your medical records. Some institutions, though, may require more documentation for full access to medical records such as a HIPAA, or Health Insurance Portability and Accountability Act, document.

And finally, there is the Living Trust. A living trust holds and provides management of your assets for your benefit while you are alive and names the people who will receive the property when you die. These trusts can also help with planning for incapacity. In some states, they also are used to simplify probate. While the living trust has advantages, such as dealing with real estate in other states, some matters can only be covered in a will which can be the best option.

It can be incredibly important to have proper documents in place, although each estate and each individual and family is different which is why it is equally important to consult an attorney regarding your estate planning. Depending on the complexity of your estate and situation, you may need a Trust to explicitly detail your estate and how it should be managed, or you may just need a Last Will and Testament. The same goes for all of your estate documents. It is also important to remember to periodically review and, if need be, update your existing estate plan. Changes in Indiana as well as federal law, especially estate tax changes at the federal level and life and family changes such as marriage, divorce, or the birth or death of a family member may make it necessary for you to revise your plan.

Feel free to call my office at 219-531-1723 to discuss your estate planning needs or to make an appointment. My office is located at 7 Napoleon Street, Valparaiso, Indiana, just a block north from the Lincoln Flats restaurant, on the red brick street.