Blog2024-06-16T18:17:23+00:00

Boomer Divorce : Main Reasons for Boomer Divorces

As the overall divorce rate for the US population has fallen since 1990, the increase in the divorce rate for people “of a certain age” has doubled. “The Gray Divorce Revolution”, a study by sociologists Susan Brown and I-Fen Lin, states that in the past 20 years, the divorce rate for people 50+ has increased two-fold. The study also found the divorce rate for boomers in their second or third marriages were 2.5 times higher than first marriages. Many attribute this to baby boomers being the first generation to come of age in the time of high premarital cohabitation, and divorce rates in the 1970 and 80’s.

Has there been a change in the Baby Boomer’s idea of what constitutes a good marriage? Are people “of a certain age” looking at retirement and realizing that they could live another +25 years! Many of the ideas for staying in a bad or lukewarm marriage are changing when baby boomers now are looking at a potential “second life” after retirement. Seeking a second chance for self-fulfillment and individual happiness, will Baby Boomers change the concept of marriage as they did in their youth?

What are some of the main reasons for “Gray Divorces” ?

Family Changes – As their children grow up and leave “the nest” and their elderly parents and other relatives grow old and demand special care, baby boomers are many times pulled apart by these family demands realizing they have nothing in common with their spouse and consequently move on with life.

Retirement – When the “ baby boomer “ couple finally reach retirement or reduced working conditions, many changes occur in their life style together. Being together all the time is a lot different than spending evenings and weekends together! Many couples have very different attitudes on how they want to spend “the rest of their lives” and find they have very little in common with their spouse and have already taken “different paths in their lives”. With “a second life” ahead is it better to go it alone?

Love Has Flown the Coop? Are you still attracted to your spouse? Many people experience a 50+ life crisis when they feel they need to experience life to the fullest since time may be running out! Their spouse may not have the same needs and wonder who this person is that they have been married to “for sooo long”!

Now you have made the decision to divorce. There will be mind altering changes in your life and life style. “A Gray Divorce” is a very sobering experience for older Americans. Your financial situation will definitely change and usually not for the best. Think about what will be your best choice for your “Second Life” and how you will find happiness!

Taxes 2013 : Who Is Entitled To Use The Tax Exemption on Children After a Divorce

As we now approach the deadline for filing our 2013 federal income tax return, many divorced parents are asking this question, “Which parent may legally claim their children on their tax return”? This question has become complicated with the rise in fathers’ rights, expansion in non-custodial parents visitation periods, and advance parenting schedules allowing children to spend quality if not equal time with both parents throughout the year.

In the past the Internal Revenue Code provided that the custodial parent was allowed to claim the minor children on his/her federal income tax return. Mom was usually the custodial parent and Dad usually had the children every other weekend.

The Internal Revenue Code states that the parent with whom the child lived with for the greater number of nights during the year is entitled to claim the dependency exemption.

If during or following a divorce in final judgment, the two divorcing parents agree that one parent shall claim the child as a dependent in odd numbered years and the other parent in even numbered years, or if the divorcing parents have more than one child, one parent shall claim some children, while the other parent shall claim the other children, this agreement in your final divorce decree will be honored by the IRS.

If your divorce was final before 2008, just attach the final divorce decree to your tax return. If your divorce was final after 2008, your ex-spouse must fill out IRS form 8332 which provides the name of your children that you can claim on your federal income tax return.
I you are divorced in 2013 and have questions please contact your tax adviser or go to the website http://www.irs.gov/Forms-&-Pubs for more information.

Dallas Attorney Mark A. Nacol once again awarded prestigious AV Preeminent rating by Martindale-Hubbell in the annual Peer Review Ratings

DALLAS, TEXAS, March, 19, 2014: The Nacol Law Firm P.C. is pleased to announce that its founder, Attorney Mark A. Nacol, has once again been awarded the prestigious AV Preeminent® rating by Martindale-Hubbell® in the annual Peer Review Ratings™. Criteria used for this rating includes “adherence to professional standards of conduct and ethics, reliability, diligence and other criteria relevant to the discharge of professional responsibilities.”

Recipients are chosen each year by reviewers using a specific practice area list ensuring valid peer review. Rated on on a scale of 4.5 to 5.0 in five key areas, including, legal knowledge, analytical capabilities, judgement, communication ability and legal experience, Mr. Nacol received the highest rating of 5.0. With less than 14% of America’s lawyers qualifying, it is a prestigious award.

“It is truly an honor to receive this recognition,” says Mr. Nacol. “Since 1997, I have been selected by my peers for the honor of receiving this prestigious award. The Nacol Law Firm P.C. has made it a primary professional objective to work hard and represent our clients zealously, efficiently and consistently using ethical manner at our disposal.”

A native of Texas, Mark Adam Nacol graduated from South Texas College of Law and has been practicing law for over 35 years. His work is focused in the areas of Civil & Commercial Litigation, Federal & State Practice, Business Transactions & Contracts, Divorce & Family Law, Fathers’ Rights, Real Estate Litigation and Probate Law, and Trust & Will Contests.

Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization and is a member of the Texas State Bar College.

ABOUT THE NACOL LAW FIRM P.C.
The Nacol Law Firm P.C. and Mark A. Nacol, Board Certified Civil Trial Attorney, have been serving clients in the Dallas-Fort Worth Metroplex and the State of Texas for over 35 years, offering legal advice and representation in a broad scope of practice areas with emphasis on the following:

  • Civil & Commercial Litigation, Federal & State Practice
  • Divorce & Family Law
  • Business Transactions & Contracts
  • Real Estate & Transactional Litigation
  • Probate Law, Trust & Will Contests
  • Employment Contracts & Disputes
  • Consumer Law

“Aggressive Commitment Through Experience & Common Sense!”

For more information about Mark A. Nacol and the other associates of The Nacol Law Firm P.C.,

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Contact: Mark A. Nacol
The Nacol Law Firm P.C.
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Will Contest

The requirements for testamentary capacity are minimal. Some courts have held that a person who lacks the capacity to make a contract can still make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of:

• The extent and value of their property
• The persons who are the natural beneficiaries
• The disposition he is making
• How these elements relate to form an orderly plan of distribution of property.

The legal test implies that a typical claimant in a will contest is a disgruntled heir who believe he should have received a larger share than what he received under the will. Once the challenging party meets the burden of proof that the testator did not possess the capacity, the burden subsequently shifts to the party propounding the will to show by clear and convincing evidence that the testator did have the requisite capacity.

Duress or coercion (as a term of jurisprudence) is a possible legal basis to set aside or otherwise modify a will, in that, the execution of the will by the Testator/Testatrix arises out of an immediate fear of injury. Black’s Law Dictionary (6th ed.) defines duress as “any unlawful threat or coercion used… to induce another to act [or not act] in a manner [they] otherwise would not [or would].”

To establish duress, four requirements must be met:

• Threat must be of serious bodily harm or death
• Harm threatened must be greater than the harm caused by the crime
• Threat must be immediate and inescapable
• The defendant must have become involved in the situation through no fault of his or her own

A person may also raise duress when force or violence is used to compel him to enter into a contract, or to discharge one.

Depending on the grounds, the result may be:

• Invalidity of the entire Last Will and Testament, resulting in an intestacy.
• Invalidity of a clause or gift, requiring the court to decide which charity receives the charitable bequest, using the equitable doctrine of cy pres
• Dimunition of certain gifts, and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.

The Nacol Law Firm PC
8144 Walnut Hill Lane
Suite 1190
Dallas, TX 75231
Metro: 972-690-3333
Toll Free: 866-352-5240
Fax: 972-690-9901
www.NacolLawFirm.com

Parental Alienation Syndrome and the Impact on Children

Parental Alienation Syndrome is the systematic denigration by one parent with the intent of alienating the child against the rejected parent. In most cases, the purpose of the alienation is to gain custody of the child and exclude involvement by the rejected parent. In other cases the alienator wants the rejected parent out of the way to start a new life, or the aligned parent wants more of the marital money and assets than he/she is entitled to and uses the child as a pawn. The aligned parent hates the rejected parent and the children become false weapons. These are just a few reasons Parental Alienation occurs in domestic disputes.

Parental Alienation Syndrome is common because it is an effective though devious device for gaining custody of a child. Through systematic alienation, one parent may slowly brainwash a child against the other parent. The parent involved in such alienation behavior then may gain the misplaced loyalty of the child.

In a recent survey, one in five parents stated that their primary objective during the divorce was to make the experience as unpleasant as possible for the former spouse; despite the effects such attitudes and behavior have on the children.

Parental Alienation Syndrome is a form of emotional child abuse. Parents in hostile separations may suffer depression, anger and anxiety or aggression. The expression of these feelings results in withdrawing of love and communication which may extend to the children through the alienating parent. When the mother is the alienator, it is a mechanism employed to stop the father from having contact with his children; and can be described as the mother holding the children “hostages.” The children usually are afraid of the mother, frequently identify with the aggressor, and obey her as a means of survival. The child may also be instilled with false memories of the father, coached and/or brainwashed.

Studies show that Parental Alienation is experienced equally by both sexes. Adolescents (ages 9-15) are usually more affect than younger children. Children most affected tend to be those subjected to parents’ highly conflicted divorces or custody battles. A study by Fidler and Bala (2010) show increasing incidences and increased judicial findings of parent alienation in the US. 11-15% of all divorces involving children include parental alienation issues.

If the parental alienation has been successful and has influenced the child against the target parent, the observer will see symptoms of parental alienation syndrome. Many children appear healthy until asked about the target parent.

Warning signs of a Parental Alienation Syndrome Child:

  1. The child is a “parrot” of the aligned parent with the same delusional, irrational beliefs and consistently sides with this parent. Denys suggestions that their hatred for rejected parent is based on views and behavior of aligned parent.
  2. Idealization of aligned parent and wants to constantly be in the aligned parent presence.
  3. The child develops serious hatred for the rejected parent and rejects a relationship with the rejected parent without any legitimate justification. The child sees nothing “good” about the rejected parent and only wants to destroy the relationship.
  4. The child refuses to visit or spend time with the rejected parent, frequently faking fear.
  5. The child’s reasons for not wanting a relationship with the rejected parent are primarily based on what the aligned parent tells the child. Accusation against rejected parent too adult-like for the child’s age.
  6. The child feels no guilt about his/her behavior toward the rejected parent and will not forgive past indiscretions.
  7. The child’s hatred extends to the rejected parent’s extended family, friends, partner, or Idealization of aligned parent aligned parent without any guilt or remorse.
  8. Ignores/rejects the rejected parent in the presence of the aligned parent.
    • Children who live in alienated family situations are usually unable to form healthy relationship with either parent. Some of the areas of concern for children impacted by parental alienation are:
    • Emotion Distress, Anxiety, Depression, and Self Hate
    • Poor reality testing and unreasonable cognitive operations
    • Low self-esteem or inflated self-esteem, Pseudo-maturity
    • Aggression and conduct disorder
    • Disregard for social norms and authority, adjustment difficulties
    • Lack of remorse or guilt

Parental Alienation Syndrome is recognized by the courts but is very difficult to define and in most cases requires bringing in County Social Services, Child Protective Services, and/or other professionals. Anyone claiming Parental Alienation Syndrome should look for family therapy as a constructive way forward. Other forms of abuse are physical, sexual, and neglect which are much easier to identify.

Children having some of these symptoms need help. Please contact an attorney and discuss your options on how to help this child. Formulate a plan to move forward. Do not give up your parental rights! Your child desperately needs and is entitled to your help!

NACOL LAW FIRM P.C.

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Suite 1190
Dallas, Texas 75231
972-690-3333
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Attorney Mark A. Nacol is board certified in Civil Trial Law by the Texas Board of Legal Specialization

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