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Celebrity status is likely to be the first choice pick. Spears, Jobs, and Manson are household names recognized across the United States, and even internationally. Somewhere on the list of commonalities, these infamous beings also share the experience of being involved in California court proceedings; more specifically cases involving the control of their person. #FreeBrittany Brittany was the subject of a California conservatorship case for over 13 years where her father, Jamie Spears, was granted the legal authority to make decisions over Brittany’s every move including who she dated and what her text messages said. Jamie’s decisions were controversial at best and more likely an abuse of power, resulting in the #FreeBrittany movement. In 2021 Spears was finally granted her freedom. #Apple Steve is best known for #Apple. But far before changing the trajectory of technology, Jobs ended up going through California court dependency proceedings when his mother gave him up at birth. Fortunately for Steve, his foster experience sent him to live with his soon-to-be adoptive parents. #MansonFamilyCult Charles, may not be liked nearly as much as Spears and Jobs, but his California court experience received more notoriety than both of them combined. Manson is best known as the mastermind behind the #MansonFamilyCult; a cult responsible for numerous murders and deaths. Interestingly, after his death, family members and potential heirs went to battle over his remains and his stuff. Fighting For Your Rights Most of us are not going to become founders of the next #imac, or #superstar, and hopefully, we won’t have another #deathcult developing. Celebrity or not, one thing we all have in common: we know someone suffering from dementia, a child without parents, or a family member battling for their inheritance. We know someone fighting to protect their rights in the California probate system. Brittany Spears, Steve Jobs, and Charles Manson didn’t plan on being the subject of California court proceedings. I venture to say, that none of them thought control of their person would be in the hands of a judge. Your Best Advocate I may not have much in common with Manson, ideas as innovative as Jobs, or the ability to entertain like Spears, but I know that if I end up being the subject of a California probate court proceeding, I want an advocate on my side that will fight for me, and ensure that my voice is heard. © Rachel King 2022

When someone is mentally or physically incapacitated, they may not be able to perform tasks necessary to live. When this happens, family members or friends may have the right to become a guardian or a conservator and take legal responsibility for performing personal and financial tasks for them. Which one, guardianship or conservatorship, is right for your situation? That mostly depends on which state you live in. Because King Law Firm Attorneys at Law, Inc. practices in both California and Arizona, we’ve compiled some key similarities and differences these states have when it comes to guardianship or conservatorship. Guardianship Becoming a guardian over another person Is taking legal responsibility over day-to-day medical, educational, and personal decisions for that person because they have become physically or mentally incapacitated. However, in California, guardianships refer to only those persons who represent the affairs of a child. When a child’s parents pass away or are no longer able to safely care for the child, a family member can assume permanent or temporary guardianship. If petitioning for guardianship becomes combative, there are a couple of other options to guarantee a child’s safety: 1) a clear and concise private agreement can be entered into between the guardian and the parents; or 2) the guardian can present a Caregiver’s Authorization Affidavit, which gives the guardian legal right to make educational and medical decisions. Both alternate options can be revoked by the parents at any time. In Arizona, guardianships are appointed for anyone, regardless of age. Guardianships can be general (covering all medical, educational, and personal decisions) or limited to a specific purpose, such as making emergency medical decisions or finding specific living arrangements. Guardian’s may also suspend a ward’s driver’s license or ability to vote. Conservatorship In general, conservators provide care and protection for the ward, such as providing meals, purchasing clothes, maintaining the home and hygiene, arranging for medical care, and managing the estate. Conservatorships are not normally setup if the person in question drafted a durable power of attorney prior to becoming incapacitated. In California, a conservatorship acts the same as a guardianship but for adults. This includes both personal and financial responsibilities. These conservatorships can be limited (usually meant for the developmentally disabled) or general (which covers all other types of mental or physical issues, such as dementia, physical injury, or those susceptible to undue influence). In Arizona, though, a conservatorship strictly focuses on financial responsibilities, such as a person’s everyday bills or the estate, for a child or adult. There are three types of conservatorships in Arizona: General (covers all financial responsibilities), limited (covers only a select type of financial responsibility), or single transactional (covers one specific task, such as investing funds or paying taxes). If you aren’t sure if you should take the next step, King Law Firm Attorneys at Law, Inc. can help you decide between guardianship or conservatorship for you and your loved one.

In the broadest sense of the word, justice is receiving the most deserving reward or punishment for a particular act or decision. This makes the term extremely fluid, as defining what someone “deserves” can mean many different things to many different people. In the case of criminal convictions, justice has been served under the law once a person has fulfilled their sentence for their crime. This doesn’t always equate to the reality of someone who has completed their required sentence, as their conviction can continue to haunt them for the rest of their life. One way to fix this issue is through expungement, and King Law Firm Attorneys at Law, Inc. now has a comprehensive platform to assist in expunging your records and giving you a fresh start. What is expungement? According to get-expunged.com, expungement is the process of erasing, removing, or sealing a criminal conviction from one’s permanent State or Federal record. To get a record expunged, you must file in the state in which the conviction was levied, and all states have a different process for expungement. For example, in California, you must file a petition of dismissal to re-open your case, have the plea set aside, and the case dismissed. Why should you get expunged? Though an expungement will never erase your record completely, it does change the guilty plea to a dismissal, which means that, in the eyes of the law, you were not convicted of a crime. This will help to secure employment, obtain a professional license, or join a professional organization. In other words, it provides more freedom in your day-to-day life than it would if you continued to carry the baggage of conviction, regardless of having served your time. Why get expunged through King Law Firm Attorneys at Law, Inc.? King Law Firm Attorneys at Law, Inc. has set up an expedient way to get your criminal record expunged. It starts by going to our website, get-expunged.com, and getting a quick qualification and conflict check. Once those have been completed, you will fill out one simple online form and King Law Firm Attorneys at Law Inc. takes care of the rest. We have several different types of expungements we can work with, and we can answer all your burning questions and provide other information you may need to complete the expungement process. We are also planning to setup expungement clinics for those who may want to handle the expungement themselves and are simply looking for a fast, easy way to have their questions answered and the paperwork completed properly. Head over to get-expunged.com now to get the process started. And if you have any questions, please feel free to email us at recordclearing@get-expunged.com.

In the coming days, President Biden will nominate a black female justice to the Supreme Court. In honor of his historic decision, King Law Firm celebrates Black History Month with a look back at the first black Supreme Court Justice to grace the bench, the honorable Justice Thurgood Marshall. Who is Thurgood Marshall? Thurgood Marshall was born July 2, 1908 in Baltimore, Maryland to blue-collar workers William and Norma. Together, they instilled in Marshall a deep love of the Constitution and the rule of law. Marshall’s father fostered the young man’s debate skills by challenging his logic and forcing him to prove his beliefs whenever possible. He would also take him to view court cases on a regular basis. Marshall graduated cum laude from Lincoln University in 1930 with degrees in American literature and philosophy. He went on to study at Howard University School of Law, graduating magna cum laude in 1933. Shortly thereafter he built his own private practice in his hometown of Baltimore. In 1934, Marshall began his long affiliation with the National Association for the Advancement of Colored People (NAACP), setting the building blocks for his historic future. Marshall’s Accomplishments Founded and was Chief Counsel for the NAACP Legal Defense and Educational Fund. Argued before the U.S. Supreme Court on many civil rights cases, winning 29 out of 32 cases. This included the successful argument in Brown v. Board of Education, which ruled segregation in schools as unconstitutional because “separate but equal” could not truly be equal in public education. Was appointed to the United States Second Circuit Court of Appeals by John F. Kennedy, a position he held for four years. Became the first black man to be appointed as the Solicitor General of the United States, winning 14 of 19 cases during his tenure. Supreme Court Happy with his performance as Solicitor General, President Lyndon B. Johnson nominated Marshall to the United States Supreme Court in 1967. He was confirmed by the Senate on August 30 of that year, officially making him the first black man to be appointed to the highest court in the United States. He would go on to build a storied record supporting the protection of individual rights of the most vulnerable Americans until his retirement in 1991. He would die of heart failure two years later. Marshall paved the way for the court to begin to diversify. Before his nomination, the Supreme Court had been ruled by white males. Today, there are two persons of color and three female justices sitting on the Supreme Court. Pending confirmation, this will again change in the next few weeks, all thanks to Marshall’s tenacity and passion for individual rights and the path he laid for those to follow. “ The legal system can force open doors, and sometimes-even knock down walls, but it cannot build bridges. That job belongs to you and me. The country can’t do it. Afro and White, rich and poor, educated and illiterate, our fates are bound together. We can run from each other, but we cannot escape each other.” – Thurgood Marshall

California law, legal system and justice concept with a 3d render of a gavel on a wooden desktop and the Californian flag on background. With the arrival of the new year, Californians saw 770 new California laws signed by Governor Gavin Newsom go into effect on January 1, 2022. Of the hundreds of new bills, Newsom is proud of making, “…meaningful progress on an array of issues… in advancing historic measures to improve the lives of Californians, including new tools to boost our housing supply, improve workplace conditions and build a stronger state.” So, which of the nation-leading new California laws will affect your health and way of life the most? You be the judge. (AB = Assembly Bill; SB = Senate Bill) Public Safety AB 43 provides cities more control over their speed limits (new speeds which cannot be fully enforced until 2024). AB 48 prohibits the use of rubber bullets and tear gas to disperse crowds during a protest or be used if someone has violated a curfew or is non-compliant with an enforcement directive. AB 1171 removes the section in the California penal code that differentiates spousal rape from all other cases of rape. Ghost guns (guns ordered in parts and assembled at home) may now be seized upon a judge’s order should a concerned citizen believe someone is at risk. Health SB 380 shortens the amount of time someone is required to wait between filing a request for end-of-life drugs from 15 days to two and eliminates the requirement of a written statement from the patient. SB 1383 requires all excess food waste to be separated into its own organic recycling waste bin. Beginning in the fall, public schools (grades six and above) must stock all restrooms with free tampons and other menstrual products. Education AB 101 requires all students to take at least one ethnic studies class to graduate starting in the 2029-2030 school year. Beginning July 1 (and for the school year beginning in August), SB 328, signed back in 2019, goes into effect, restricting middle schools from starting classes before 8 a.m. and high schools before 8:30 a.m. Food and Restaurants SB 314 makes outdoor dining space in parking lots permanent, and AB 61 allows for easier access to temporary liquor licenses for restaurant pop-ups. SB 389 makes permanent the temporary emergency order from March 2020, which allowed restaurants and bars to sell wine, beer and cocktails as a to-go item. Housing SB 9 allows property owners to add up to three additional housing units and SB 10 allows for the building of up to 10 units per parcel in transit-dense areas. Employment SB 62 requires all factory workers in the garment industry to convert piece-rate compensation to an hourly wage. SB 331 prohibits employers from including non-disclosure clauses as part of settlement agreements in relation to discrimination, sexual harassment, and retaliation. Any business with over 25 employees must now pay all employees a minimum of $15 an hour, and those under 25 employees must pay $14 per hour. Elections AB 37 akes permanent the emergency mail-in ballot provision, and expands it to include all local elections.

King Law Firm Attorneys at Law, Inc. is excited to officially announce their newest venture: The Lawyer Kings Podcast! Earlier this year, attorney Rachel King, owner of the California-based King Law Firm Attorneys at Law, Inc., wanted to build confidant relationships with those seeking answers to their burning legal questions by expanding the dissemination of her ever-growing knowledge of legal processes beyond Facebook and other social media platforms. Thus came the idea to speak to her audience in length in a weekly podcast. To accomplish this feat, Rachel enlisted her father, Patrick O King, Esq., a Nevada-based lawyer with King and Russo, Ltd., to join her on her new venture. Patrick has been practicing law since 1982 and specializes in estate planning, business and family law, and personal injury cases. Together, the duo seeks to bridge the gap between old-school law practices and 21 st century techniques while helping the laymen navigate the sometimes confusing and stressful world of law. The ultimate goal is to succinctly cover a bevy of topics from civil litigation and criminal justice to estate planning and family law. And they are certainly on their way. Since their debut podcast in August, weekly topics have included discussions on the Kyle Rittenhouse trial, domestic violence, medical malpractice, expungement, and the discovery phase of law cases. The podcast has welcomed several guests as well, including Marc Wasserman, one-half of the Pot Brothers at Law, and Justin Brooks, Director and co-founder of the California Innocence Project. If you have a question or a topic you would like Rachel and Patrick to discuss in a future episode of The Lawyer Kings Podcast, email podcast@thelawyerkings.com. And head to https://thelawyerkings.com now to get caught up on all past podcasts. You may also listen on your favorite podcast sites, including Anchor, Spotify, Apple podcast, Breaker, Google, and Radio Public. Rachel has always been committed to the legal success of her clients, and The Lawyer Kings podcast is just one more bow in the quiver of bringing truth to justice. To learn more about why the podcast was started, check out our previous blog post. And stay tuned over the next year for even more big news from Rachel King and her team at King Law Firm Attorneys at Law, Inc.

Plenty can happen to make the holiday season stressful. Simply knowing they’re just around the corner is bad enough; then there’s dealing with shopping, meal preparations and family obligations. The last thing you want is to fight with your former spouse about how much time each of you will get to spend with your son or daughter. Every good parent wants to spend every holiday and special occasion with their children. Depending on a family’s custody arrangements and personal circumstances, though, doing so may not be possible. In almost all cases, compromise is essential. To give you the best chance at a stress-free holiday season, we’ve compiled three key components for dealing with custody during the holidays. Make a Schedule and Stick to it Whether it’s Thanksgiving, Christmas, or New Year’s, having a set schedule is the foundation for a strong, healthy custody arrangement. Holidays should always be split equally between each parent. The first step may be to divide holidays based on the current custody arrangements. Once you know which holidays fall during a specific parent’s schedule, it becomes easier to decide how to divide the holidays accordingly. If both parents wish to spend certain holidays with the child, consider sharing the holiday, wherein one parent has the child in the morning and the other in the evening. You may also consider alternating years, which can best help relieve a child’s stress level. Whatever’s agreed upon, a clear schedule mitigates confusion, anger and fighting among parents and provides security and a more positive experience for the child. Don’t fight the change; Embrace it. No matter what schedule you agree upon, sharing custody will never be easy if you continue to try and recreate the past. To fully appreciate the future, you must move forward, not backward. First and foremost, acknowledge that things will be different in years to come and embrace these changes by remaining flexible when it comes to creating new traditions with your child. Communicate The ultimate key to maintaining a strong relationship with your former spouse and children during the holidays is, and always will be, communication. Things change over time. Emergencies happen, work issues come up, children’s moods change. No matter the case, communicating with your spouse and child when things do change will reduce the amount of stress and anger that may be generated by sudden, unexpected deviations from the agreed upon schedules. What if you aren’t on speaking terms with your former spouse? There are apps that can be used to share schedules, send photos, and setup a social network for family and friends. This also helps guarantee all changes are in writing so that no one can make excuses for not following through with their commitments. The holidays are meant to be fun. If you follow these key steps, take care of your own physical and mental health, and intentionally spend time with other friends and family, you should have no trouble giving thanks for your many blessings this holiday season.

Since 1987, October has been recognized as Domestic Violence Awareness Month to raise awareness for issues related to domestic violence, sexual abuse, and similar issues. As October ends, supporting victims and survivors of domestic violence does not. We, as a society, must continue to connect individuals with organizations who can help those suffering from domestic violence throughout the year. Domestic violence is not an easy issue to discuss with friends or family. Read on for information and resources on domestic violence and how you can help. Things to Remember: Domestic violence and sexual abuse are about power and control, led by a desire to humiliate, and subjugate another person. Nothing more. It doesn’t matter what age, race, gender, religion, or economic status a person may be; anyone is subject to rape, violence, psychological abuse and stalking by those they trust the most. Domestic violence happens in part because there is a stigma of shame associated with being mentally and physically abused. Speaking openly about domestic violence and sexual abuse will help mitigate the stigma and give the victim comfort in seeking the support they deserve. There’s no one way to respond to all situations. Recognizing the Signs That Could Lead to Domestic Violence and Abuse There’s a difference between healthy, respectful behavior and violent, abusive behavior. Some things that may seem inappropriate or disrespectful could simply be a misunderstanding. However, if you see someone being overtly inappropriate, coercive, or harassing, it may be time to evaluate and, if necessary, remove yourself or someone else from the situation. Changes in someone’s behavior could also indicate that they are part of a dangerous or violent relationship. If someone you know has always been an outspoken extrovert and is suddenly absent from typical events, doesn’t call or speak to you, or feels passive or reflexive when you’re around them, it may be time to learn how to approach them to find out if your instincts are correct. Dos and Don’ts for Dealing with Domestic Violence If someone comes to you with their story: Listen without judgement. Sometimes this is all someone needs. Let them know you believe them and that it’s not their fault Make sure they know they are not alone. Respect their story and keep it confidential. Ask what more you can do to help and support them in whatever they decide. Seek help for yourself if you feel overwhelmed. Do not focus on what the victim could or couldn’t have done to stop it. If you witness domestic abuse: Cause a distraction. This can be done by changing the subject, telling a joke, or asking for help looking for something. Find a way to remove yourself or the person being abused from the situation. Seek help from others to deescalate the situation or call the authorities. Do not directly intervene if abuse has escalated to physical violence. Everyone must stay vigilant when it comes to ending domestic violence. Speak up, educate yourself, and help whenever possible. Resources National Resource Center on Domestic Violence (NRCDV) – Learn more about improving community awareness. Nomore.org – Learn more about what to look for and when and how to step in when someone you know is being abused. Domestic Violence Awareness Project – Find plenty of free downloads to support domestic violence awareness and prevention.

The case of Gabby Petito’s disappearance has dominated many news stories over the past couple of weeks. On the surface, it feels very much like a cut-and-dry case. After a couple of months into a planned four-month road trip with her fiancée, Brian Laundrie, Laundrie returned home without her. As a person of interest in her disappearance, Laundrie is currently hiding from authorities. Meanwhile, Gabby’s body was recovered and an autopsy proves she was murdered. The question this ultimately raises is, “How could something like this happen to such a happy, loving couple?” No matter how much we may want to believe it was a crime of passion, growing evidence suggests the couple was deeply ingrained in serious levels of domestic violence and abuse. Domestic Violence Statistics According to the National Coalition Against Domestic Violence (NCADV): 10 million people (approximately 20 people per minute) are abused in the U.S. every year. The abused are mostly between the ages of 18-24, and only 34% of those injured seek medical treatment. 15% of all violent crime begins with domestic violence Gabby Petito and Domestic Violence The last statistic above is important regarding Gabby Petito. Though we can’t speculate on Gabby’s state of mind, recently released body cam footage from a traffic stop involving Laundrie and Petito clearly shows Gabby is in distress with signs of a physical altercation. Unfortunately, Gabby informs the officers that her hysterics are due in part to anxiety and underlying mental condition. It’s clear the officers on scene did everything they could to find cause to legally separate the two out of fear of domestic violence. However, because Gabby was unwilling (or unable) to confess to domestic violence, officers were limited to placing a temporary protective order in place and requesting they stay separate for the night. They did everything right, but it wasn’t enough to stop the inevitable. Emotional and Psychological Abuse Domestic violence doesn’t always equate to physical altercations. Many victims discuss how physical abuse started with emotional and psychological manipulation. This may include: Embarrassment or humiliation in front of family and friends. Keeping someone from seeing their friends and family. Intimidation and threats to earn compliance. Degradation, insults, or criticism to make someone feel unworthy. Prevention of participating in activates. Always monitor the whereabouts and phone conversations. Withhold affection as a form of punishment. Guilt In the Relationship Because of the manipulative nature that comes with domestic violence, many people acknowledge when they are being abused, but reconcile the abuse with the false belief that what’s happening is their fault; that when they are able to change, the situation will change. No one should stay in an abusive relationship or accept domestic violence in any form. This is not love; it is power and control. When you see it, or you experience it, please speak up. Tell a friend, a family member, a neighbor, or call one of the many hotlines setup to help escape a harmful and debilitating situation. https://www.thehotline.org/ https://vawnet.org https://www.nrcdv.org https://www.acf.hhs.gov/fysb/programs/family-violence-prevention-services/programs/ndvh

Ever since I started King Law Firm Attorney’s at Law, Inc., I’ve been committed to your legal success. Part of this commitment is the effective communication of information, which I’ve provided in various forms on this site. We offer plenty of links to information you may need to better understand your particular situation, and videos on our YouTube and TikTok pages offer everyone quick tips on what makes the law tick. In an effort to expand on this commitment, I’m proud to announce my new podcast, The Lawyer Kings. What is The Lawyer Kings Podcast? I started The Lawyer Kings Podcast with my dad, Patrick. Together, we will share our many years of knowledge in all facets of the law. We’ll answer any questions you may have about how the law works and we’ll talk with expert guests on everything from civil litigation and criminal justice to estate planning and family law. Most importantly, my dad and I will attempt to bridge the gap between old-school law practices, like paper everything, and twenty-first century digital-style practices. Who is Rachel King? Being raised in a family of attorneys, I had a clear idea of where I wanted to be in my career. I earned my Juris Doctor degree from Thomas Jefferson School of Law and served in the Army as a paralegal and Communication Specialist. Right now, my expertise is in estate planning, family law, bankruptcy, and real estate law. But, whatever your needs, I strive to provide professional representation that meets the diverse legal needs of each individual. As for licenses and accomplishments, I am an active member in good standing with the State Bar of California, the Riverside County Bar Association, Southwest Bar Association, Richard T. Fields Bar Association, and the American Bar Association. I’ve also developed the Attorney Mentor Program within the Southwest Valley Youth Court and was named one of the best probate attorneys in Murrieta, California in 2021 by Expertise.com. Who is Patrick King? My dad has been practicing law since 1982. He got his Juris Doctor from Southwestern University School of Law, after which he argued hundreds of appeals, including over 250 Supreme Court Appellate cases. Much like myself, my dad provides expert representation in wills, trusts, durable powers of attorney, divorce, guardianship, and child support. He also provides assistance with funeral directives, articles of incorporation, by-laws, and accident injuries. His licenses include the Nevada State Bar Association, Washoe County Bar Association, Douglas County Bar Association, American Bar Association, and Washoe, Carson and Douglas Bar Associations. You can visit his firm’s site at kingandrussolaw.com. Questions about the Law? The law is much more demanding than it’s portrayed on television. If you have a question about a specific case you may be dealing with or of the law in general, please fill out the form found on the official podcast site, TheLawyerKings.com. You can also listen to our weekly podcast on any of your favorite podcast stations.

On the surface, Britney Spears is a successful entertainer worth nearly sixty million dollars. A flourishing music career and a seemingly upbeat public persona would indicate she’s living a healthy life. However, as evidenced by Britney’s outcry to end her father’s conservatorship, her life behind-the-scenes is a lot darker than we’ve been led to believe. What is a Conservatorship? Conservatorships allow someone to gain legal guardianship over an adult. Its original intent was to protect the best interests of those who have been in a serious accident or have been found to be mentally incapable of making rational financial or medical decisions. Conservatorships can be limited to the control of someone’s finances or healthcare, or they can be given full control over the entirety of another’s decisions. A probate or family court will determine if a conservatorship will be short-term, temporary or permanent. What Led to Britney Spears’s Conservatorship? The road that led to Britney’s conservatorship began in 2002 with her very public breakup with Justin Timberlake. She spent her days mired in work and her nights partying with the likes of Paris Hilton and Lindsay Lohan. In 2004, Britney met and married Kevin Federline. The couple divorced shortly after the birth of her second son two years later. Although both parents partied after the divorce, Britney got the brunt of tabloid fodder. This constant deluge of attacks on her character eventually led to the infamous shaving incident. Her downward spiral continued after losing shared custody of her children. During one of her visitations, Britney refused to let her kids go and was placed under an involuntarily psychiatric hold. A second incident a few weeks later led to the inevitable request for a conservatorship. How was Britney’s Conservatorship abused? Abuse happens due to the broad aspects of conservatorships. In Britney’s case, a lot of factors opened the door for her father, Jaime, to take advantage of his daughter’s hardships. Legal proceedings for Britney’s conservatorship took very little time, with no questions or testimony. The California law requiring a five days’ notice before the enactment of a conservatorship was waived. Monitoring of the conservatorship was lax, allowing Jamie to revoke Britney’s marriage and reproductive rights, monitor her friends and conversations, and limit her spending. She was also constantly threatened if she refused to perform or agree to jobs her father assigned her. #FreeBritney and the Future An online movement that would become known as #FreeBritney has led the United States Congress to draft bipartisan legislation to reform the state-run conservator system. A judge in the case has finally agreed to allow Britney to hire her own lawyer and file a petition demonstrating that the conservatorship is no longer required. The rise in Britney’s net worth after the conservatorship was put in place would indicate that everything was done in her best interests. Only those close to the matter may ever know for sure. But, regardless of whose story is true, Britney’s case has brough a spotlight to the possibility of conservatorship abuse.

People understand that getting married isn’t a guarantee love will last forever. In fact, over the last twenty years, divorce has become much more prevalent among what is affectionately known as the boomer generation, even as the overall divorce rate decreases. One might believe this phenomenon, known as gray divorce, is due to COVID lockdowns and stress over lost jobs and wages. However, since 1990, the rise in divorces have doubled for couples over the age of 50 and tripled for those over the age of 65. What is Gray Divorce and Why does It Occur? Gray divorce refers to the separation or divorce of couples over 50 who have been in long-term relationships. This type of divorce normally occurs when couples begin to grow apart, seek intimacy elsewhere, or experience financial struggles, empty nest syndrome, higher life expectancies, and physical or mental addictions. What Older Couples Should Consider When Divorcing 1. Remarriage Although divorce rates are growing among couples in their first marriages, it’s two and a half times higher for those who have married more than once. Consider entering into a pre- or post-nuptial agreement if getting married a second, third or even fourth time. 2. Families and Children It may not seem possible, but gray divorces still take a toll on a couple’s adult children. When kids are younger, divorce may hit harder in the moment, but parents are there for them every step of the way. Adults don’t have that luxury. Attempts to reconcile what they thought was a happy marriage with what they now understand to be true could intermingle with their relationships with their own spouses and children. 3. Financial Concerns and Retirement Statistics show that after a divorce, wealth and standard of living drop around 50% for women and 21% for men, while the poverty level for woman and men is around 27% and 11%, respectively, when divorcing after the age of 63. The division of assets, taxes, Medicare, social security benefits, alimony, life insurance, investments and retirement benefits are high on the list of concerns during a gray divorce. 4. Depression It’s important to refrain from becoming sedentary after a divorce. Whether it’s a mutually agreed upon arrangement or an unexpected turn of events, remain active. It’s also a good idea to stay social and engaged with friends and family to enhance mental health. 5. Competency Concerns With age comes medical conditions that may affect a person’s cognitive abilities. If an attorney or judge finds that a person is unable to competently make reasonable decisions, a guardian ad litem or other third party, such as adult children or a financial Durable Power of Attorney, should be appointed to represent that person’s best interests. Long-term care issues may also need to be addressed should someone be unable to care for themselves after a divorce. No two marriages, and thus, no two divorces, are the same, so stay connected with supportive family and friends and be mindful of those who will be affected when going through a gray divorce.