by small business trends

Washington, D.C. (PRESS RELEASE – April 8, 2011) – Small businesses that have previously filed for bankruptcy are no more burdened than other small firms by poor cash flow, high health insurance costs, or excessive taxes, and they attain similar firm sizes, according to a study released by the U.S. Small Business Administration’s Office of Advocacy. However, they have about a 24 percent higher likelihood of being denied a loan and are charged interest rates at least 1 percent higher than other firms. The report finds that firms owned by African and Latino Americans are even more likely to be denied loans and charged higher interest rates.

“Small businesses filing for bankruptcy have an opportunity for a new start. This new start is hampered by the challenges of obtaining new loans. This can impede innovation and job creation,” said Chief Counsel for Advocacy Winslow Sargeant.

The study, Beyond Bankruptcy: Does the Bankruptcy Code Provide A Fresh Start to Entrepreneurs? by Aparna Mathur, finds that owners of 2.6 percent of firms have filed for bankruptcy at some point in the previous seven years. Credit rationing of previously bankrupt firms leads to a class of discouraged borrowers who are significantly less likely even to apply for a loan, according to the study.

The research relies on data from the National Survey of Small Business Finances as a basis for the analysis. Surveys were conducted by the Federal Reserve Board in 1993, 1998, and 2003.

About the Office of Advocacy, Small Business Administration

The Office of Advocacy of the U.S. Small Business Administration (SBA) is an independent voice for small business within the federal government.  The presidentially appointed Chief Counsel for Advocacy advances the views, concerns, and interests of small business before Congress, the White House, federal agencies, federal courts, and state policymakers.

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By Scott David Stewart posted in divorce on Tuesday, February 8, 2011

Now that tax time is approaching, we thought it would be a good idea to refresh your memory with some common tax issues associated with divorce and separation. Whenever you have specific questions about your personal tax liability — about what forms you should file, what you must report, whether you should file for an extension, or which deductions you should claim against your income — then you should speak with your Certified Public Accountant (CPA) or tax preparer before relying on general information alone.

Spousal Maintenance Issues.
Make sure that the spousal maintenance tax obligation shifts to the recipient of the money. The supporting spouse may deduct the money paid for spousal maintenance, or alimony. The spouse or former spouse receiving the alimony must include it as income on his or her tax return.
To be considered "alimony" for Federal tax deduction purposes, according to the Internal Revenue Service (IRS) the following conditions must exist:
1. You do not file a joint tax return with the other spouse.
2. The spousal support was paid in cash (or by check or money order).
3. The supported spouse receives the payments, or someone on his or her behalf receives the payments.
4. The divorce decree doesn’t identify the support as something other than spousal maintenance, or alimony. (For example, "Decree: … a gift to my spouse of $50,000 paid over 5 years…" would not likely qualify for the alimony deduction.)
5. If legally separated by judicial decree, then the payments must have been made while living apart, and not while sharing the same household, to be considered deductible spousal support.
6. Any payment made was not treated as a property settlement. For example, if your divorce decree stated that the marital home is allocated to one spouse in lieu of spousal maintenance, then that may be a property settlement and not deductible spousal support.
7. Any support payment made was not treated as child support.
Bottom Line.

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If you made a non-cash property settlement in payments or as a lump sum for the benefit of the other party, then that is not deductible spousal support for Federal income tax purposes. Any voluntary payments made, meaning payments that were not ordered in the decree of dissolution, are not deductible as alimony from income either.

read more here http://www.azdivorceattorneyblog.com/2011/02/family-tax-matters—spousal-maintenance-and-name-change-details-following-divorce.shtml

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posted by North Carolina Divorce

by The lawyers of Gailor, Wallis & Hunt

The following signs represent a deteriorating relationship:

There is a Time Line:

As soon as one spouse acknowledges and states the couple’s problems, the countdown towards the end of a marriage begins. The more time that passes after the issue is out in the open increases the possibility of dissolution says Bryce Kaye, Ph.D., author of The Marriage First Aid Kit. If the second party does not respond, the odds of the marriage surviving decrease.

There is a Disconnect:

Couples whose marriages are nearing the end typically uncouple, or disconnect from each other. Both parties stop spending time together. Elayne Savage Ph.D., author of Breathing Room: Creating Space to Be a Couple says: If it feels like a relief when you are not with your partner or spouse, you have already disengaged from the relationship.

The Issues Causing Conflict Go Unresolved

According to Alisa Bowman, author of Project: Happily Ever After, “If one spouse repeatedly brings attention to an issue, asks for a discussion and makes it clear the relationship will not last unless there is a resolution to the problem, the marriage will not last unless the couple commits to resolving it. If the other partner does not agree to the terms, the marriage faces low odds of succeeding. One partner can’t do all the trying on his or her own,” says Bowman. “You can’t go anywhere like that.” A good rule of thumb: If it’s been a year with no progress, it may be time to call it quits.

There is a Lack of Respect

One of the most important aspects of a healthy relationship is respect for one another. If one partner consistently feels dismissed, overlooked or rejected, then the relationship is “toxic” says Savage.

There is no Teamwork

Savage also says that when a relationship begins to deteriorate, both parties begin to head in separate directions rather than working together to meet joint goals. If you are no longer working together on issues such as career ambitions, personal goals and parenting, the odds of your marriage surviving will decrease.

There Is No Compromise

A major part of a productive marriage involves each party trying to fulfill the other party’s needs, while also ensuring their own needs are met. If one partner continually refuses to listen to the other’s needs, or compromise so both parties needs can be met the relationship will struggle.

There Is Infidelity by One Or Both Spouses

If infidelity occurs in the marriage, trust between the partners will be destroyed and the relationship or marriage will be severely damaged. The unfaithful spouse must commit to no longer have contact with the person with whom the affair occurred, to not repeat the behavior, to be completely honest with his or her spouse and work to regain his or her trust. If the spouse is a serial cheater or blames the other spouse for his or her adultery then the infidelity is very difficult to overcome and typically results in separation and divorce.

You Disagree on Having Kids

At the end of the day, if one spouse wants children and the other does not, it will be difficult for the relationship to survive. If having children is a definite goal of yours, and your partner is adamantly opposed, you may be looking at the end of your marriage says Kaye.

Lack of Communication

If you are not in a relationship where conversations about personal, intimate and serious issues occur, the couple may not be fulfilling each other’s needs. Open and honest communication is necessary to fulfilling a healthy relationship. If the only conversation that takes place between you and your spouse or partner is about the mundane aspects of life then the marriage is most likely in trouble.

If one or more of these situations are affecting your marriage or committed relationship and you believe you may be headed for separation and/or divorce, it is important to seek counsel from an attorney experienced in family law including separation and divorce.

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posted by Charlotte Divorce, Concord NC Divorce

by Henry Gorbein

Why do some couples weather the divorce process relatively smoothly and simply, and others get caught in a violent cycle of emotional legal proceedings? Here are some of my thoughts on the never-ending divorce.

Divorce is an intimidating legal process. It can be a humbling religious process. It is also an emotionally devastating process, often leaving psychological scars that never heal. Studies have identified the three most traumatic experiences within a person’s lifetime, the death of a child, the death of a spouse in an intact marriage, and a divorce. Divorces are traumatic, emotionally, economically, and spiritually.

The first situation is one where both spouses are ready to end the marriage, both legally and psychologically. In this case, it is just a matter of sitting down, filing some paperwork, and going through a very simple process with little or no court intervention.

The next is where one spouse has moved on and the other has not or is unwilling to let go emotionally. These situations will produce fireworks, name calling, often numerous court appearances and psychological damage to both spouses and their children. Once the other spouse is willing to let go, then the battles end and people move on with their lives.

The third and worst can lead to what I call the "never ending divorce." This is where one or both spouses cannot move on either because of emotional problems, addictions, bitterness, and anger which keep the divorce going on forever. Long after the divorce has been legally finalized, battles will continue for years. Issues involving child support, parenting time, custody, alimony, enforcement of the property settlement, allegations of fraud, and parental alienation will keep the battleground going forever. The never ending divorce is the one that attorneys and judges dread. The bitter conflict goes on and on, continuing to destroy lives, dreams and progress. The biggest victims, of course, are the children.

Refuse to participate in a never ending divorce. I urge anyone going through a divorce to build a life-sustaining support system. Engage in counseling with a therapist specializing in divorce. Therapy identifies whether the marriage can be saved, helps build and improve self-esteem, and identifies psychological weaknesses which may be sabotaging you where you make the same mistakes over and over again. Try to move forward, and always remember that no matter how painful your divorce is to you, it is that much more painful to your children. As we celebrate a new year and a new decade, try not to have your divorce be a never ending one. Do whatever you can to avoid it.

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posted by Mecklenburg County Divorce

Throughout his experience as a divorce lawyer in North Carolina, attorney Charles R. Ullman says he has observed the devastating effect of alcohol and substance abuse on relationships and families.

Raleigh, NC (PRWEB) January 31, 2011

Raleigh divorce attorney Charles R. Ullman says he is not surprised by a recent study’s finding that alcoholism contributes to marriages dissolving.

According to the study, “Alcoholic Marriage: Later Start, Sooner End,” alcoholics are more than twice as likely as non-alcoholics to experience separation in a marriage.

“Just based on my experience as a family law attorney in North Carolina, I have seen how alcohol and substance abuse place a strain on married couples and their children, and more often than not, those issues lead to divorce,” said Ullman.

Ullman is the founding lawyer of Charles R. Ullman & Associates, a Raleigh law firm whose attorneys concentrate on family and domestic law matters, including divorce and separation, in Wake County and throughout North Carolina.

“In many cases, a couple will try everything they can – substance abuse counseling, marriage counseling and spiritual counseling – but the marriage ultimately can’t be saved. When that occurs, the alcoholism can become a factor in divorce-related matters such as separation, alimony and child custody,” the North Carolina divorce attorney said.

Indiana University professor Mary Waldron served as the lead author of the study, which is available online and will be published in the April 2011 journal, Alcoholism: Clinical & Experimental Research.

According to an Indiana University news release, the study is one of the first to examine the impact of alcohol dependence on marital transitions throughout the lifespan of an adult. It involved data from 5,000 Australian twins who were first assessed in the 1980s and interviewed again in the 1990s.

In addition to their marriages ending in separation or divorce, the alcoholics in the study entered marriage at later age. Waldron said the study shows that “if problem drinking continues, the likelihood of having a lasting marriage or marriage at all is greatly reduced.”

“North Carolina is a no-fault divorce jurisdiction. That means one party’s excessive drinking or drug use would not factor into obtaining an absolute divorce, which merely requires a showing that the divorcing North Carolina couple lived separate and apart for at least 12 consecutive months prior to the divorce,” Ullman said. “However, a spouse’s alcohol or drug abuse can be a factor in many other areas surrounding a divorce.”

According to the North Carolina divorce lawyer, a spouse’s alcohol or drug abuse can serve as a “fault-based” ground for obtaining a divorce from bed and board – a judicially ordered separation that gives the other spouse certain rights, such as the right to exclude the at-fault spouse from the marital home.

A North Carolina court may also consider alcoholism when awarding alimony and when determining whether a parent has the ability to serve as a caretaker for child custody purposes.

According to the National Institute on Alcohol Abuse and Alcoholism, 17.6 million people in the U.S., or 1 in about every 12 adults, suffers from alcohol dependence.

“It’s a disease that affects many couples and families in North Carolina,” Ullman said. “The decision to end a marriage that involves an alcoholic spouse is a difficult one, and it’s important to work with an experienced North Carolina family lawyer when sorting through the sensitive legal issues that will arise after making that decision.”

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posted by  Charlotte Divorce

22.01.2011 | Author: morizgillien | Posted in Divorce

A divorce lawyer is a legal professional who specializes in issues pertaining to divorce, including divorce, dissolution, and annulment. Many divorce lawyers are family law practitioners, focusing on a variety of issues related to marriage and family

A divorce advocate is a legal authority who specializes in issues pertaining to divorce, including divorce, adjournment, and annulment. Many divorce lawyers are family law practitioners, who offer a consolidation of effort on a diversity of issues related to marriage and family, varying from adoption to wills. People who are in the midst of a legal separation are encouraged to work with a lawyer who is knowledgeable about the process, to insure that their legal rights are protected and to promote an amicable settlement, if possible.

In order to become a divorce lawyer, a lawyer must first be associated with law school, ideally analyzing family law topics over the course of his or her education, and qualify to practice law by taking the bar exam. Most bar exams include a written exam and a character evaluation to make certain that the candidate is morally fit to practice law. Once qualified, the lawyer will seek work in a practice that handles family law matters, getting practical experience in the field.

The first job of a divorce lawyer is usually drawing up divorce papers requested by one of the parties in a divorce. In some cases, couples agreeably decide to divorce, in which case the couple may request the lawyer jointly to ask for legal assistance, but in a more contentious divorce, the divorce lawyer may be consulted by one party only. The request for dissolution or divorce can be served to the other party after it has been written up and signed by the person soliciting the divorce.

One of the key aspects of this profession is the creation of an arrangement when a couple decides to abrogate a marriage. Part of the settlement will include the division of assets, discussions about child custody, and a settlement of alimony and/or child support. A divorce lawyer may also create a prenuptial agreement, or become involved in other stipulations of the divorce. If, for instance, a couple has fertilized embryos in storage from an infertility treatment, the divorce lawyers for both sides would be involved in choosing what happens with those embryos.

In the case of a contentious divorce, a divorce lawyer may represent a client in a court deals with family-related issues like adoption and child custody. A divorce lawyer may also assist his or her client with structuring a prenuptial agreement at the start of a marriage, ensuring that if the marriage does not end well, much of the legal groundwork for a reasonably amicable divorce will have already been laid.

Call or contact us or visit our WEBSITE for information and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more. 704-461-1883

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We have two convenient locations in Charlotte and Concord and have low cost fees & rates

Services we Offer:

• Uncontested Divorce Filings (get divorced in less than three months from the filing date)
• Assistance with Child support / custody defense and collection
• Assistance with alimony defense and collection
• Assistance with property division
• Separation agreements
• Prenuptial Agreements

Fees Starting @ $399.00 till the end of January only (when you mention this ad).

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704-461-1883

http://maxwelllegal.com/

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posted by Divorce Lawyer

By EMILY GLAZER

When 24-year-old Desiree Burns got married in March, she and husband, Timothy, settled into his house in Raleigh, N.C. They vacation at his timeshare in Florida. And Mr. Burns, 28, is helping to cover tuition costs since Ms. Burns has gone back to school.

Thanks to a prenuptial agreement, if they ever get divorced, Mr. Burns keeps the home and vacation spot. She gets the pets.

“I don’t feel that it’s right to take part of something that I wasn’t part of before,” Ms. Burns says.

The Burnses aren’t alone. Prenups are becoming more common among younger couples. And the contracts aren’t just about protecting individual assets and divvying up property in case of a divorce. More young adults also are using prenups to shield themselves from a partner’s debt and to even the field when one spouse shoulders the financial burden early in the marriage.

The contracts help young couples have a frank talk about their finances, which often aren’t discussed before marriage, says Gabriel Cheong, a divorce attorney with Infinity Law Group in Quincy, Mass.

“You want to be secure in the idea that you did this so long ago that you planned for your future out of love, rather than out of hate when you’re getting a divorce,” he says.

The cost of setting up a prenuptial agreement varies by geographic location and a person’s financial complexities. Prices typically range from $500 to $2,000 per person.

So when is a prenup worth the expense — and the potentially awkward conversation?

Many young adults, unable to find a job after graduation or laid off because they were the last hired, are returning to school. And that usually means taking on more debt. Mr. Cheong says he often sees situations where one spouse works full-time — and supports a young family — while the other goes to school full-time.

In this case, a prenup could specify that the spouse who bankrolled the education would get reimbursed if a divorce occurred. In Ms. Burns’ prenup, for example, if she gets divorced within five years of finishing her degree, she must pay back half of the money her husband contributed.

Prenups also can address who is responsible for paying debt a person has coming into a marital union, such as credit cards or a car loan, as well as debt incurred during the marriage. (Otherwise, courts might split debt equally.)

Tom Petrelli, managing director of Philadelphia-based Petrelli Law, says clients can stipulate what happens if a spouse decides to change careers, and alters a couple’s financial situation.

With the job market still tight in many industries, more young adults are opting to start their own business — often running it from home. And in some cases, a spouse unofficially helps the business get off the ground. A prenup, lawyers say, can spell out how home-business assets would be divided if a marriage goes south.

And some people want to protect assets they could inherit some day. Hunter Lowder, 30, got a prenup with her husband, now 34, when they married six years ago to outline her 100% ownership of a trust that includes her family’s commercial real estate, home construction and insurance businesses.

Ms. Lowder, who lives in Carmel Valley, Calif., says her sisters and cousins will all sign prenups so the businesses are passed down to their generation.

“When it affects other people and their ownership in a company and their future and their finances,” Ms. Lowder says, “you can’t just say ‘I’m in love.’

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by accuracast

posted by Charlotte Divorce

It is a well accepted fact that the growing popularity of social networks has resulted in various changes in our lifestyle. >However, the most recent revelation about how they have affected our lives is quite shocking.

Research from the American Academy of Matrimonial Lawyers indicates that Facebook is now used to procure evidence for 1 in 5 divorce cases in the U.S.A. 81% of lawyers admit that evidence from social networks has been used more and more frequently over the past five years.

People often get in touch with old friends and flames over social networks and can end up rekindling old relationships, often exchanging inappropriate or sexual conversations with each other. They might tag themselves in photographs documenting happenings contrary to what they state in court and they might post status updates that contradict their testimonies.

Of all the social networks, Facebook was used most often as a source of evidence, by as many as 66% of divorce lawyers. MySpace was used by 15%, Twitter by 5% and 14% said they use other social media sources.

Marlene Eskind Moses, president of the American Academy of Matrimonial Lawyers says, “As everyone continues to share more and more aspects of their lives on social networking sites, they leave themselves open to much greater examinations of both their public and private lives in these sensitive situations.”

It is ironic in some ways that the same networks that help to rekindle past relationships are being used as evidence in court proceedings on the breakdown of current relationships.

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