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Financial issues for divorced women

Financial surprises are likely to be in store for women in South Carolina who get a divorce. A survey of 1,785 women showed that for 46 percent of divorced women, their divorce resulted in unexpected financial developments.

The survey asked the participants about their roles regarding the financial matters in their marriages. Some of the women stated that they relinquished all of the financial responsibilities to their spouses; this means that the husbands were solely responsible for earning an income and handling the couples' investments and bills.

Financial reasons for divorce

There are many different reasons couples in North Carolina may get a divorce. However, according to multiple studies, the primary reason for divorce in the United States are issues with money. Couples may benefit from learning about some of the common money problems that can occur in a marriage and what steps they should take to overcome those problems.

Couples who do not communicate about the family finances are highly likely to encounter problems in their relationship in the future. In some marriages, the majority of the financial decisions will be left to one party, an arrangement that may please both parties; however, it can result in complications if that party dies unexpectedly and leaves the surviving spouse with a financial situation about which they know very little.

Parental alienation: A risk to your relationship with your kids

As you and your spouse head for divorce, you know that the only thing that matters to is to keep your relationship with your children as strong as possible. You understand that the marriage has to end, but you love those kids. You do not want to see them drift away, even as you share custody with your ex.

Unfortunately, it is not an amicable divorce. Your spouse is angry. You worry that he or she is going to try to get back at you by breaking up your relationship with the children. In particular, you worry about parental alienation.

Parents should consider children in creating parenting schedules

Creating a parenting schedule is an integral part of the child custody process for Charlotte residents who are not with their child's other parent. It's about showing the child a willingness to work together as much as it's about dividing the responsibilities of child custody. When it comes to developing a parenting plan, it's important to keep the child's perspective in mind, consider logistics, account for the child's schedule and possibly involve the child in the process.

Child custody arrangements can be hard on the child. He or she has not only to adjust to living with the parents separately but also to traveling back and forth between residences. Parents should imagine the child's perspective and the impacts different parenting schedules may have on his or her day-to-day life. Logistically, parents should consider transportation options, including school buses, to and from each residence and the availability of child-care options.

The importance of beneficiary designations in divorce

People in Charlotte who get a divorce should make sure they take their ex-spouse off beneficiary designations in a divorce even if the divorce decree says that those assets do not belong to the former spouse. If a spouse receives a payment from a beneficiary designation after agreeing in a divorce decree not to take that property, it might be possible to get the assets back, but the battle could be a long and costly one.

This was the case when a man failed to remove his uncle as beneficiary on his life insurance account even though his daughter was supposed to receive the payment in the divorce decree. A federal judge and a court of appeals upheld the divorce decree.

Eyewitness testimony can lead to wrongful convictions

Cases of wrongfully convicted defendants proven innocent through DNA technology years later have captured the attention of many in Charlotte and across the country. One factor that has emerged as a repeated concern in several of these cases has been the original reliance on eyewitness identification. DNA technology has been critical in providing direct, physical evidence that has cleared many - and implicated others - especially in cases of rape and murder. However, even with today's DNA technology, eyewitness identification can be a major concern in criminal cases. This is especially true in cases that do not involve DNA evidence.

Advocates and even police departments have sought to reform the eyewitness identification policies of many law enforcement agencies in order to cut down on mistaken identifications in criminal cases. Both photo sets and live lineups can be conducted in ways that are likely to lead to errors. Human memory is fallible and plastic; it can be shaped by subsequent information. This means that an eyewitness can grow more confident over time about an initially shaky identification.

3 options for your house during divorce

Your spouse asks you for a divorce, and the first thing you think of is the house. You know your marriage has frayed, but you love that house. You love the land around it, the neighbors and the style. It is your dream home, and you felt elated when you bought it together 10 years ago.

Now what? What can you do with the house during the divorce process? Below are three potential options:

How to obtain a quality divorce settlement

North Carolina residents and others who choose to get a divorce may not focus enough on their future needs. Instead, they craft settlements based on their current salary or desire to maintain the status quo in their lives. However, it is possible that many could lose a job or find themselves unable to maintain the family home on their own at some point after a marriage ends.

Individuals who are getting divorced should learn to embrace the details that come with negotiating a settlement. While ignoring the details may be easier in some cases, it could result in not obtaining financial or other support needed to live after the marriage is over. It could also make it harder to track child support or other payments as they come in. Ideally, all expenses and payments made should be tracked and recorded in an organized manner.

Why an increasing number of women are paying alimony

Lawyers across the country have noted a surge in the number of women being ordered to pay alimony and child support to their former partners. As the number of female breadwinners and male stay-at-home parents rise in North Carolina, there has been a concomitant increase in ex-husbands receiving support payments.

In a survey conducted by the American Academy of Matrimonial Lawyers, 45 percent of divorce lawyers noted that they had seen a rise in the number of ex-wives paying alimony since 2014. In addition, 54 percent of the surveyed lawyers said that they had seen a rise in mothers paying child support during that same period.

Correcting or reducing federal sentences using Rule 35

In the federal criminal justice system, mistakes are sometimes made in the sentencing of convicted individuals. According to part A of Rule 35, the court can reduce or correct sentences when there are technical, mathematical or other clear errors. Changes must be made within 14 days of the sentencing. In this rule, sentencing is defined as the oral announcement of the sentence. Rule 35 applies to federal courts in all jurisdictions, including North Carolina.

Part B of Rule 35 allows for changes to sentences when the defendant offers substantial assistance. For example, a defendant could provide information that helps in the investigation of another criminal. Defendants can provide substantial assistance through testimony, information and other means. In general, the motion must take place within one year of sentencing, but exceptions can be made in a variety of circumstances.

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Plumides, Romano, Johnson & Cacheris, PC
301 South McDowell Street, Suite 130
Charlotte, NC 28204

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