A Marriage Story

There is a wonderful new movie called a Marriage Story that shares a couple’s experience with an ending of a relationship that ends in a divorce.  It was so well acted, and it provides an interesting look into how divorce attorneys work. 

We all walk down the aisle hoping our marriages only end upon death do us part.  However, divorce unfortunately happens in over half of the marriages in America. When you go through it, choosing the right attorney is a huge factor that may affect you for the rest of your life.  In the movie, Laura Dern plays the wife’s attorney and she was empathetic and nurturing to her client, yet fierce and aggressive when it came to negotiating for her client’s rights. It’s a fine balance that attorneys must have when dealing with such an emotional situation.

Many people have regretted not hiring the right attorney years after the divorce have been finalized.  It may be that they do not have enough assets and/or income to live on, and they feel that their attorney did not advocate for them enough.  Whether you couldn’t afford a good attorney at the time, or didn’t know where else to turn, the final decisions that are made in the Marital Settlement Agreement may affect your life and your children’s lives for many years.

Divorce and Estate Planning go hand in hand.  If you have a Will and/or Trust when you are married, it’s time to review them upon a divorce.  Further, it’s important to look at all of the assets and how they are titled and who the beneficiaries are.  Although there are restrictions on asset transfers during the divorce, it’s ok to discuss your estate planning needs and changes during the divorce process.  Once the divorce is finalized then assets can be properly titled in the correct spouse’s name.

If you do not have an estate plan at all, it’s certainly advisable to have one before or after your divorce is final.  If you die unexpectedly before the divorce is complete, would you want your soon to be ex-spouse to get your assets? Most people would say no.  Choose the right attorney. Find one that will be compassionate and empathetic. Estate planning involves family and money. Both are such private topics.  A good estate planning attorney will listen to you. A good estate planning attorney will be there in times of difficulty, such as a disability or death.

At the end of the day, if you want your family to be well taken care of through what will likely be a difficult process, take the time to find the right estate planning lawyer in Rolling Meadows, IL for you and your family.  It will be worth the time and the money.

Thanks to Bott & Associates, Ltd. for their insight into estate planning for marriage and divorce.