The AICPA/AAML National Conference on Divorce is an annual event that offers unparalleled opportunities to gain comprehensive insights on the financial aspects of divorce in the company of some of the Country’s top Divorce Attorneys and Chartered Public Accountants. As well as offering the advantages of a forum to network and learn from peers, expert speakers have previously presented on topics as diverse as Intellectual Property, healthcare and issues specifically encountered by women and LGBT couples. Jon Fields will be attending this year’s conference in New Orleans, May 2016. Fields and Dennis LLP looks forward to the insights this event will doubtless bring, as we anticipate returning to our practice with new perspectives and deeper professional insights on some of the most pressing and complex issues that our clients face.
Divorce and Trust Interests: Demystifying the Legal Landscape for the Practitioner
The interplay between divorce and trust interests may be one of the most vexing for practitioners and mediators. This primer attempts to synthesize the legal landscape in this area and to demystify the issue so that we may better serve our clients. Read the article by Attorney Jonathan Fields.
To Litigate, or Not to Litigate, That is the Question
If you are going through a divorce, there are many things to consider. It is a difficult time, emotions are high, and you are confronted with a number of decisions that you may not be in the best state of mind to make. Now, no two divorces will be identical, so while having a support system who has “been there” can certainly be helpful, their situation may be extremely different then yours.
There are a variety of factors that can contribute to a divorce, and depending on how the decision was come upon, you and your ex may be on civil terms, but other times, if the relationship ended badly, communication and compromise may be impossible concepts to wrap your mind around. Because each divorce is different, each course of action is also different. While some couples have relatively simple cases without much contention between spouses, other couples may have more complex divorces that require careful and strategic planning. Read more.
Bitcoins and Divorce: Declaring your Digital Currency
Bitcoin has become a buzzword recently, more well-known to some than others, but unless you live under a rock that does not get WiFi, you have surely at the very least heard the term tossed around. For those less informed on the emerging value system, Bitcoin is a digital currency used as a peer-to-peer payment system. Developed in 2009, bitcoins can be exchanged for goods, services and other currencies. While bitcoins have been under fire for their use in illegal activities (e.g. the recently exposed online black market Silk Road), they have legitimate uses as well, making the debate over this new cryptocurrency a hot-button topic. Read more.
Learn more about Bitcoin, Cryptocurrency and Divorce:
“Bitcoin Bitterness Starts to Make Messy Divorces Even Worse,” Hannah George, Bloomberg News (2018) (Jonathan Fields quoted)
Cryptocurrency and Divorce: A Primer
IRS Notice 2014-21: Virtual Currency Guidance
Sharing Friends after Divorce
While divorce often poses unique issues to each couple navigating the complicated, emotionally wrought path, there are often overlapping issues that are widely experienced by those facing the end of a marriage. Splitting assets, property and material goods can be difficult, tedious and time-consuming. Navigating custody decisions, parental responsibilities and family life can be heartbreaking. But one aspect of a split that is not often discussed in court is how a couple will split mutual friends. Shared friendships are messy during any split or break-up, regardless how amicably it is resolved.
Yet, in contemporary marriages, friends are often shared. Often times married couples begin as friends, and therefore their mutual friends are exactly that – truly and unequivocally mutual. In these situations, how does one prepare themselves and their friends for the uncharted territory that is to come? Friends often feel the need to choose, or try to maintain friendships with both only to have the choice ultimately made for them. After all, social gatherings attended by both parties can be uncomfortable for all involved, not limited to the couple alone. Read more.
5 Tips for Getting Through the Holiday Season When Going Through Divorce
Thinking about the holiday season can be a daunting experience when going through a divorce. While it is only October, we understand the apprehension of facing the upcoming season of cheer when you are feeling anything but cheerful. Divorce is an extremely personal and emotional experience, and there is no right or wrong way to feel – but you are not alone, and the holidays, while different, do not have to be a dreaded occurrence.
Here are some tips for finding enjoyment from the holidays, or at the very least getting through them. Read More.
The Business of Divorce
Life is just like Business, according an article by Howard H. Irving, PhD, author and family mediator. So why not choose to make logical decisions based on experience, like you do for your business, when you and your spouse decide it’s time for a divorce? Sounds simple, doesn’t it?
Some couples are inclined to do it; these couples should absolutely consider divorce mediation. Divorce mediation in Massachusetts, for example, is making extraordinary progress, because it’s beneficial for spouses who can agree what they want from the divorce. Mediated divorce is a voluntary process run by an impartial third party, called a Neutral. Both parties have a divorce attorney, but the divorce is handled out of court.
Litigation, on the other hand, is beneficial for couples who don’t know what they want from their divorce, who are dealing with complex issues that they can’t agree on, or who are extremely angry with each other. There are exceptions and divorcing couples who fall between the two (very simplified) categories.
No matter whether you choose traditional divorce litigation or divorce mediation, it is important that your children aren’t considered “business assets” that can be divided. Handling your family’s complex problems logically is an excellent idea, but not all business models are sound.
Imputing Income and Divorce Planning
The Appeals Court affirmed a judgment in which the trial court refused to impute income to a wife who was working an 80% schedule at the time of trial and who was earning an annual salary of over $500,000. The Appeals Court was impressed that throughout the marriage, she had often reverted from full-time to reduced-time and that the current schedule was not the result of “divorce planning.” Lanes v. Jagolta, 2010 Mass.App.Unpub. LEXIS 1069