The report from Fort Campbell this week that the manager of the sexual harassment program had been arrested for stalking his ex-wife highlights the strange situations that can develop during military marriages and military divorces. He was removed as the manager of the sexual harassment and assault program at the base and authorities were investigating if he had violated the order for protection.
]]> Both he and his ex-wife have orders for protection to prevent contact between the pair, and she has alleged that he repeatedly attempted to contact her this week. Sex harassment and sexual assault within the military is a problem that has grabbed headlines recently and while he was not accused of any sexual assault, it clearly an embarrassing incident for the Army.If you are married to a servicemember or are in the service and your marriage is having problems, and potentially headed for divorce, you want to speak with an attorney who understands the challenges and unique circumstances facing members of the military.
From child custody to allocation of pension benefits, we can help you deal with the challenges and obtain the best divorce settlement for your circumstance.
Source: Huffington Post, "Darin Haas, Fort Campbell Sexual Assault Program Manager, Arrested In Domestic Dispute," Associated Press, May 16, 2013
]]>Which is what makes Aniston's recent decision to forgo a prenuptial agreement with Theroux all the more baffling. She has already been through one divorce, and she knows how difficult it can be to negotiate asset and property division when a divorce is underway. In the absence of a prenup, any divorce -- may it be celebrity couples or everyday couples here in Annapolis -- will be more difficult.
]]> Some rumor mills are stating that if Aniston and Theroux were to get divorced in the future without a prenup, it could cost Aniston around $150 million. Whether that figure is accurate or not is unknowable -- but it does bring up a good point about prenuptial agreements. These contracts are vital for any divorce; but they are even more important to those with significant assets. Homes, cars, bank accounts, retirement funds and even debt can be divided amongst the splitting spouses; and having a prenup to sort out all of those elements can make things much simpler.Another thing to remember about prenuptial agreements is that they can be subject to a successful challenge. It used to be that prenups were impregnable contracts -- but that simply isn't the case anymore. If the prenup was signed under fraudulent circumstances, or if there are irregularities in the document, it could be successfully challenged.
Source: Christian Post Contributor, "Jennifer Aniston Declines Prenup: Justin Theroux: Divorce Could Cost $150 Million," Benge Nsenduluka, May 1, 2013
]]>Child custody is a contentious issue in many divorces, as parents battle over custody and visitation matters. One area, however, that for some couples may be almost as contentious is pet custody. For those who do not have pets, this may seem as a trivial matter, but for many couples, their pets may be as dear to them as their children.
]]> While Maryland does not have any family law statutes governing the interests of pets, Connecticut and Rhode Island either have passed or are considering legislation. In Rhode Island, they created an "animal advocate" who represents the interests of the pet, and are used in animal cruelty cases. Some lawmakers would like to expand their role to family law.Some divorce attorneys think this is going too far, and that it pushes the limits of "rationality." They see the risk of "unnecessarily complicating" property issues in a divorce. It adds additional administrative costs to a divorce case, and places a greater burden on the courts.
On the other hand, courts do not exist for the convenience of the judges and clerks. For the parties, these issues can be as "real" as any other aspect of the proceeding. For the time being, the decision is up to the discretion of the judge. If you have a pet that may become a pawn in your divorce, you need an attorney who can make your arguments compelling for that judge.
Associated Press, "Animal rights action in Connecticut gives hope to advocates across USA," April 29, 2013
]]>Other states have domestic partner laws, and many issues of family law, like who is entitled to custody or who has to pay child support, are not always clear. In New York, a court recently had to deal with a case that involved inconstant positions by the parties over a child custody issue.
]]> The couple had a registered their domestic partnership, and had a child in 2008. They had discussions regarding the non-birth mother legally adopting the child, but like many busy couples, never got around to completing the process.Eventually they separated, and the birth mother filed a court petition to obtain child support from the non-birth mother. The birth mother argued that the non-birth mother was a "parent" and therefore was obligated to provide child support for the child.
The court awarded the child support, but when the non-birth mother requested visitation and child custody, the birth mother suddenly switched positions and now argued that the non-birth mother was not "legal parent" under New York Domestic Relations Law.
The judge noted that while New York law generally does not permit non-biological or non-adoptive parents to receive custody of children, in this case because the birth mother had already argued to the court that the non-birth mother was a parent, she could not now argue the opposite. The judge noted this is known as "having your cake and eating it too," and he dismissed her request.
Source: Reuters, "Same-sex parent who pays support can seek custody: judge," Jessica Dye, April 19, 2013
]]>And this is why you want a lawyer by your side. The property division will encompass all aspect of your financial life and an experienced divorce attorney can help you make sure you get the details right. It is important to always remember that while some elements of your divorce settlement may be modified at a later date, like child support, spousal support and child custody, others cannot.
]]> The property division, where you divide up your assets and debts typically is not subject to modification after the final court order is entered. This is why it is important to be certain you have located all of your spouse's sources of income and assets. Equally important are debts, as you could suddenly find yourself receiving collection notices for bills unpaid.If your spouse kept the home after the divorce and was also made responsible for paying the mortgage, make sure they complete the refinance of the mortgage debt. The loan company has no interest in your divorce settlement and is not a party to the agreement.
If you are still on the promissory note, they will attempt to collect from you, should your ex-spouse fall behind on their payments. Moreover, the delinquency will affect your credit report and your ability to obtain credit in the future.
Source: summitdaily.com, "Financial Facts: How divorce affects your mortgage," Bob Kieber, April 13, 2013
]]>A prenuptial agreement can provide a clear view on both parties financial situation. If nothing else, it eliminates the prospect of surprises. It is something akin to the due diligence one perform when purchasing a company. But most important, it allows you to protect specific assets and prevent children from your first marriage from losing assets to your estranged spouse, should a divorce occur.
]]> As part of the disclosure, you should discuss this with your spouse long before you marriage. If you request one too close to the wedding, it may give rise to the appearance of coercion, which could be grounds for invalidating the clause, should you ever try to enforce it.Another consideration is fairness. Your prenuptial should not attempt to create a gross imbalance, after all, you are designing this before you marry, your future spouse may develop cold feet if you present them with a massively one-sided agreement.
A recent prenuptial agreement from New York was found invalid, in part because it allowed the wife $25,000 for every year of marriage, which works out to $12 an hour for a forty-hour week, or $2.85 per hour if you consider being married a 24-hour a day gig. The marital estate was valued at $20 million.
Moreover, since it is a contract, the prenuptial needs to have all of the necessary formalities and it needs to meet the basic requirements for a valid contract. If you think you might need one, you should speak with an attorney and your future spouse before you both say, "I do."
Source: Los Angeles Times, "Prenuptial Pacts a Smart Safeguard in Later-Life and Second Marriages," Kathy M. Kristof, April 10, 2013
]]>Because of this, you and your divorce attorney may need additional help from other professionals with the details of your marriage dissolution. Finances can drive a great deal of complexity in a divorce. From determining real estate valuations if one party is keeping the home, to trying to sell a property that is subject to an underwater mortgage and how to prevent both parties from leaving the marriage deeply in debt.
]]> If you are married to someone who owns or is partners in a professional practice, business valuations can be particularly difficult. Selling real estate can bring a whole host of problems, especially if one member of the couple does not want to sell, or is interested in preventing a sale out of spite.Some real estate agencies specialize in selling homes involved with divorces and they are familiar with all of the issues that come with that territory. They know that most people don't want to advertise the home is being sold because of a divorce and they work prevent the selling price from being devalued because of that.
No matter what your issue, your divorce attorney can help you find the professional help you need to allow your divorce to be a good beginning to the rest of your life.
Source: New York Times, "After the Breakup, They Help Sell the House," Elizabeth A. Harris, Apr. 1, 2013
]]>The justices, and most importantly, Justice Kennedy, seemed uncomfortable with DOMA's definition excluding same-sex marriages, as an intrusion into the traditional state law matter. Questions of "standing" or whether the parties arguing in support of DOMA had a right to argue the case, took up some of the argument time, but the Court seemed more willing to consider the substantive issue, the constitutionally of DOMA.
]]> In contrast, the previous day's discussions on California's Proposition 8, many of the justices seemed unsure whether review of the case had been properly granted. This could provide them a way of disposing of the case without having to decide if the substantive issue of whether same-sex marriage is a right guaranteed under the federal Constitution.If the court finds that DOMA intrudes into the area of state's rights, it could invalidate the law on those grounds, and not have to determine that that it violates the equal protection clause. There is also a slight chance that the Court could use the standing issue in this case, finding that the House was not the proper party to bring the case, and that there was no active case.
Court observers do not expect a decision in the cases before the end of June.
Source: Reuters, "Supreme Court indicates may strike down marriage law," Lawrence Hurley and David Ingram, March 27, 2013
]]>The various rights of the parties are determined, whether a spouse may be entitled to spousal support, how to divide the marital property, child custody is decided and visitation schedules are created, and a host of other decisions, big and small, are made as part of the divorce decree.
]]> If a couple never married, but lived together, had children, accumulated property and they, after a period of time, decide to separate, what then? How do they do it? They can't get divorced, because there is no marriage to begin with. While child support obligations attach at the birth of the child, regardless of marital status, there is no such automatic, by operation of law, treatment for the rest of the pieces of the puzzle that makes up the life of a couple.If the woman had children and remained home to raise them, she is placed at an economic disadvantage after a separation, having no legal right to the man's income, retirement, or any other property he possesses.
A recent study indicates that their 20s are responsible for 60 percent of unmarried births in the United States, which is now at 41 percent of all births. Disturbingly, for women living with the fathers of those children, the rate of separation is three times that of married women.
While marriage has flaws and divorce is unpleasant, for unmarried couples separation is literally a journey without maps, where they have to invent the process as they go along.
Source: New York Observer, "No Divorce Is the New Divorce: Moms and Dads Navigate Messy Breakups in Marriage-less World," Rose Surnow, March 19, 2013
]]>So it is with divorce. Relying on a professional, a divorce attorney, can save you thousands in the end. A do-it-yourself divorce can be tempting, but it is a temptation better avoided. While you may understand your situation, you may not understand the things you should lookout for in a divorce.
]]> You may underestimate how cooperative your former-spouse will be on issues, and you may not always understand divorce law, and how the statues, and case law interpretations of those statues, interact.And just like home improvement, if you do make a mistake and you need to hire an attorney to try to repair the damage, it may be much more expensive than if you had simply hired them in the first place.
Issues like your property division cannot be undone, except in cases where you can show the other side engaged in fraud. If you simply forget to include some asset, or make a mistake related to your property division, a court will not allow you to fix it later.
A divorce attorney can provide helpful advice and counsel, in addition to providing the technical skills to allow your divorce proceed as smoothly as possible.
Source: The Colorado Springs Gazette, "Do-it-yourself divorce could be cause for regret," Linda Leitz, March 10, 2013
]]>But the word "invested" is important. It used to be that many people viewed their home like a retirement account, a large, appreciating asset that they could sell for a significant profit that would fund some of their "golden years." Sadly, in the aftermath of the real estate crisis, that may no longer be true. Today, many couples face the reality of hoping the sale price of the home will provide enough cash to pay off the mortgage, with no equity to be divided between the couple in the property division.
]]> Even if you want to keep the home, you need to determine if there will be enough assets to allow you to buy out your former spouse, as will be necessary. You will need to be able to pay off the existing mortgage and refinance in your name only.This may not be possible if you have insufficient earning or earning history to be able to afford a new mortgage. And this is where you need to speak with your attorney and determine if it makes economic sense to complete such a transaction. They can help you figure out in the context of your total divorce settlement if this makes sense. And cents.
Source: Huffington Post, "Keeping the House After Divorce," Connell B. Kathleen, Feb. 22, 2013
]]>A study from Bowling Green State University finds that the divorce rate for those age 50 and older has doubled during the two decades from 1990, and that in 2010, one in every four divorces involve a couple older than 50.
]]> Because of the size of the baby boom generation, this could have an impact on many things from the value of vacation homes, to apartment rents and people's view of divorce.In part, some of the increase in the number of divorces is due to many women of that generation who have worked, have careers and are not financially beholden to their husbands.
Some of it may be attributable to the generation that has never been accepting of dissatisfaction, and once the children have grown and moved away, unhappy members of the relationship may be unwilling to remain married merely for show.
For women who have not worked, and don't have an independent career to provide economic support, may require long-term spousal support. Even those couples who had a plan and retirement accounts, may find when split two ways it may not be adequate.
Another problem for many couples is the decline in real estate prices may have destroyed much of the equity in their home and may leave some underwater, with no equity. Since the home is typically the largest single asset in most marriages, it means there is a much smaller pie to divide.
Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013
]]>Once an order for child or spousal support is established, it is important to abide by it in order to avoid being held in contempt of court. If either parent's financial situation changes, or the needs of a child changes, it is possible to ask the court for a modified support order. An example of this is currently playing out in the entertainment news outlets as one of the highest-paid actors, Brendan Fraser, is attempting to modify his existing child and spousal support agreement.
]]> Fraser pays about $900,000 per year in alimony and child support to his ex-wife, but he recently went to court to argue that his income no longer makes those payments possible.Although the actor reportedly has almost $25 million in assets, he has argued that medical issues have made it difficult for him to obtain roles and continue earning an income.
Fraser's ex-wife, however, has accused him of hiding assets to avoid paying child support and alimony. Unfortunately, this does sometimes happen and this is always something to look into, especially in high-asset family law cases.
The future of this case remains to be seen, but it is a reminder that child support and spousal support orders can often be modified should the need arise.
Source: The New York Post, "Ex digging for 'Mummy' $$," Laurel Babcock and Dan Magnan, Feb. 11, 2013
]]>That is, however, what happened in Miami when an ex-wife accused her ex-husband of failing to pay his child support obligation. She falsely accused him in a sworn-affidavit that she filed with the state attorney's office. That office is reasonable for enforcing payment of child support.
]]> The reason the state attorney's office is involved is due to the magnitude of child support arrears in this country. Nationwide, almost $110 billion is owed to custodial parents. Half of that, or nearly $50 billion is owe to state governments, who have to pick of the tab to assist custodial parents who are not receiving their court ordered child support payments from the non-custodial parent.In this case, the judge was outraged at the behavior of the state attorney's office, calling it actions "reprehensible" and "irresponsible." He sanctioned the ex-wife, and ordered both of them to pay $7,645 in legal fees to the man.
And arrears have broader implications than merely being order to repay them . As this man found out, if you exceed $2,500 in late child support obligations, the U.S. State Department is notified and they revoke your passport.
This man travelled for work, frequently to South America, and the loss of his passport effectively put him out of work.
Source: Miami Herald, "Miami judge calls child support prosecutor's actions 'reprehensible'," David Ovalle, February 7, 2013
]]>He wanted to be classified legally as a parent to the girl, but the women refused. Working against his argument, Florida law prevents sperm donors from having parental rights with the children. The ruling this week affords the two women the parental rights, but the man will have visitation rights
]]> Apparently, the decision does not create a potential obligation for child support. This contrasts with the recent attempt by Kansas to impose a child support obligation on a man who had only wanted to be a sperm donor for a lesbian couple.The reason this turned into a two-year legal battle was informality. The couple had tried a few fertility clinics and failed, so they asked their hairdresser, who was a friend. At first, he was simply the sperm donor, but as the child's birth approached, his "paternal" instincts kicked in, and he too, wanted to be a parent.
In the absence of a written document specifying the rights and responsibilities, he turned to a lawyer and the dispute turned into a legal matter. The law concerning same-sex couples, and their rights to marriage, adoption, visitation, child custody and a whole host of other family law related issues is highly variable depending on where you reside, and is frequently altered by new court decisions and legislation.
Given this unsettled situation, before you make any life changing decisions, speak with a family law attorney familiar with same-sex domestic relations.
Source: Reuters, "Florida judge approves birth certificate listing three parents," Kevin Gray, February 7, 2013
]]>