We must Fight for Her Legacy
Hold them to their words.
2016, Sen. Ted Cruz (R-Texas): “It has been 80 years since a Supreme Court vacancy was nominated and confirmed in an election year. There is a long tradition that you don’t do this in an election year.”
2018, Sen. Lindsey Graham (R-S.C.): “If an opening comes in the last year of President Trump’s term, and the primary process has started, we’ll wait to the next election.”
2016, Sen. Marco Rubio (R-Fla.): “I don’t think we should be moving on a nominee in the last year of this president’s term - I would say that if it was a Republican president.”
2016, Sen. David Perdue (R-Ga.): “The very balance of our nation’s highest court is in serious jeopardy. As a member of the Senate Judiciary Committee, I will do everything in my power to encourage the president and Senate leadership not to start this process until we hear from the American people.”
2016, Sen. Chuck Grassley (R-Iowa): “A lifetime appointment that could dramatically impact individual freedoms and change the direction of the court for at least a generation is too important to get bogged down in politics. The American people shouldn’t be denied a voice.”
2016, Sen. Thom Tillis (R-N.C.): “The campaign is already under way. It is essential to the institution of the Senate and to the very health of our republic to not launch our nation into a partisan, divisive confirmation battle during the very same time the American people are casting their ballots to elect our next president.”
2016, Sen. Richard Burr (R-N.C.): “In this election year, the American people will have an opportunity to have their say in the future direction of our country. For this reason, I believe the vacancy left open by Justice Antonin Scalia should not be filled until there is a new president.”
2016, Sen. Roy Blunt (R-Mo.): “The Senate should not confirm a new Supreme Court justice until we have a new president.”
2016, Sen. Cory Gardner (R-Col.): “I think we’re too close to the election. The president who is elected in November should be the one who makes this decision.”
2016, Sen. Rob Portman (R-Ohio): “I believe the best thing for the country is to trust the American people to weigh in on who should make a lifetime appointment that could reshape the Supreme Court for generations. This wouldn’t be unusual. It is common practice for the Senate to stop acting on lifetime appointments during the last year of a presidential term, and it’s been nearly 80 years since any president was permitted to immediately fill a vacancy that arose in a presidential election year.”
2016, Sen. Ron Johnson (R-Wisc.): “I strongly agree that the American people should decide the future direction of the Supreme Court by their votes for president and the majority party in the U.S. Senate.”
“The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.”
Mitch McConnell, March 2016
Are you over 50 and preparing for divorce?
Like many California parents, you no doubt look back on recent decades in a wistful manner, wondering how time could have possibly passed so quickly. One minute you were holding your first newborn baby in your arms; the next, the same child was graduating from high school or college. Through the years, your marriage may have had its ups and downs as well, and you may be one of many people over age 50 who are contemplating divorce.
The overall divorce rate in this country has consistently declined in recent years, except for spouses in your age group. In fact, for people age 50 and over, the divorce rate has more than doubled in the past 20 years. Divorcing later in life poses numerous challenges, especially regarding financial matters.
Reasons for divorce at 50 or beyond:
From the time you were in your 20s until you celebrated birthday number 50, you undoubtedly went through a lot of personal changes in life. Maybe you're more confident now than you were back then. Perhaps you're a business owner or have raised several children. A common thread in many late-life divorces appears to be spouses who describe growing on a personal level while growing apart from their partners.
Maybe you're more financially independent now than you were early on in your marriage. Perhaps, your spouse was unfaithful, or you simply are no longer willing to stay in an unhappy relationship. If such issues are familiar to you, you're definitely not alone in your struggle.
Financial issues of concern in late-life divorce:
After having shared financial responsibilities in marriage for more than 20 years, you may encounter challenges as you step out on a new financial path in life. The cost of living may become much higher when you're living alone than it was when there were dual incomes in your household or when your spouse was the main breadwinner.
Your household income may decrease somewhere in the neighborhood of 25% to 40% after divorce if you're age 50 or beyond. If you're a relatively healthy person, you can expect to live well into your 80s, which means you'll need adequate financial provisions for many years to come.
Should you keep the house?
Especially if you've lived in the same house for many years, your initial desire might be to try to hang onto it after divorce. If you have children who are teenagers or younger, it might seem less disruptive for them to adapt to a post-divorce lifestyle if they don't have to move.
However, you'll want to make sure you can afford the mortgage if you have not paid off the house yet. There will also be expenses involved with maintaining the property, inside and out. Property taxes and emergency repairs are also factors to consider when determining if you can afford to keep your house.
How much debt are you responsible for in divorce?
California is one of only nine states that operate under community property rules in divorce. This means that the judge overseeing your case will typically split all marital property 50/50 between you and your ex. It also means that the judge will do the same with existing debt.
If you have jointly owned credit cards, you'll want to carefully review the accounts. In a community property state, you can be liable for half of your spouse's debt, even if it is not in your name.
Disregarding issues can lead to financial distress. There may be a lot you don't know about taxes, insurance, retirement benefits or other financial issues as you prepare for divorce. That's not uncommon; however, if you simply disregard such issues without seeking clarification of state laws or learning as much as you can about potential financial consequences of divorce, you could wind up facing serious money problems down the line.
This is one of many reasons, if you are filing for divorce at age 50 or beyond, you should build a strong support network that includes someone who is well-versed in divorce-related financial issues and California property division laws.
Divorce is a complex and emotionally challenging process. You may be dreading the stress and drama that is often associated with ending a marriage, but there may be a way for you to avoid some of this through the process of mediation. This is a way to resolve your disputes in a manner that is respectful, ultimately leading to a final resolution that is mutually beneficial and sustainable for years to come.
Mediation is the process of resolving disputes in a neutral setting. With the help of a third-party mediator, you and your spouse can work through issues without the need for stressful and contentious litigation. Before you make any important decisions regarding your future or your final divorce settlement, you will find it beneficial to first explore how mediation can be the right choice for you.
The mediation process involves extensive discussions and negotiations between you and your spouse. The mediator will lead discussions, encourage effective conversations, explain the law, identify alternate remedies and more. You and your spouse will have control over what happens and the final terms. The mediator's role is to simply help you move forward and provide guidance in case discussions stall.
Some of the benefits of mediation include:
• It gives you more control over your post-divorce future.
• It often takes less time than litigation.
• It often costs less than a traditional divorce.
• It allows you the ability to address specific needs that may be unique to your family.
One of the most significant benefits of a mediated divorce is that it is much more likely that both parties will adhere to the terms and be able to effectively resolve any post-divorce disputes. It may help to remember that any mediated divorce settlement is still subject to review and approval by a family court.
Mediation does not necessarily require both parties to get along perfectly in order to work well. It does, however, require that both parties commit to the process. If mediation breaks down or it becomes apparent that this method will not work, you can proceed with the traditional divorce process.
If you are unsure if mediation could work for you, it is prudent to seek a case assessment by an experienced legal professional. A California attorney knowledgeable in mediation can help you make choices that will benefit you and your family for years to come.
Is your separate property now community property?
You may have entered your marriage with a certain amount of property. Throughout the course of your marriage, you may have believed that, since it was yours prior to the marriage, it would remain that way in the event of a divorce.
Now that you face divorce, you may already have a picture in your mind of what you will leave the marriage with, including that property you brought into the marriage. Unfortunately, it may no longer be separate property.
California is a community property state, which means that the courts will begin with the assumption that you and your spouse own everything together and will split it all 50/50. It is up to you to prove that certain property is not part of the marital estate and is not subject to division. If you took the following steps during your marriage, you may be awarded your separate property:
• You took steps to keep your separate property apart from your marital property, such as using a separate bank account for liquid assets.
• You made sure that you did not use marital assets or any other joint effort to improve and/or increase the value of a separate asset, such as improvements to a home you owned prior to your marriage.
• You kept complete and accurate records that prove the property belongs to you alone.
• If you purchased any property you wanted to keep separate, you used only non-marital funds to do so. If you use any marital asset or funds to make such a purchase during the marriage, the asset may become marital property.
• If you received, or continue to receive, funds as part of a personal injury settlement, that asset is yours alone and remains that way as long as you kept it in a separate account.
At least a portion of some assets could end up as marital property through a passive increase in value. For instance, if you started your retirement account prior to the marriage and continued to contribute to it during the marriage, the increase that occurred during the marriage could be subject to division. If you kept good records of this account, you can prove that a portion of it should remain separate property.
If you are not sure whether an asset converted from separate to marital property, that is just one of the many questions you can ask a family law attorney before embarking on your divorce.
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