Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr

July 31, 2010

Middle-Aged Wife in Long Term Marriage Ordered to Pay Alimony to Husband with MIT MBA, Despite Disabled Adult Child Requiring Care and Support

Posted by Filed under Alimony or Spousal Support, Special Needs Children or Disabled Children.

Husband and Wife divorce after twenty-eight years of marriage.

Husband and Wife have an autistic adult Son. Wife assumes responsibility for Son.

In all the time that they were married, Husband reportedly only worked about seven years, even before Son’s birth. Despite having an MIT MBA – which Wife helped pay for.

In the divorce, Husband is awarded half the marital assets. This includes a house.

Husband is also awarded monthly alimony of $2,000.

Wife, like so many husbands before her, resents having to pay alimony.

But, more than that, Wife feels that that money would be put to better use for Son’s care.

Because Wife has to pay alimony, Wife, at 56 years old, will have to borrow money to pay for Son to attend college.

And when Son finishes college, Husband may seek additional alimony.

For his part, Husband believes he is entitled to more alimony … since he “stayed home” with Son.

Read more in this Boston Globe article: Mother of disabled son must pay ex-husband.

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July 30, 2010

Is Government Agency Which Takes Child Into Protective Custody Legally Responsible for Timely Filing Private Lawsuits Asserting Child’s Rights to Damages?

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

UK Father shakes baby Daughter.

As a result, Daughter is left severely disabled.

Daughter is taken into child protective custody by County.

County sues for compensation on Daughter’s behalf … two years later.

Due to the delay in bringing suit, the recovery on Daughter’s behalf is a fraction of what it would otherwise likely have been.

Now Daughter sues the County for 4 Million Pounds UK.

The County argues that it has no responsibility to sue on Daughter’s behalf.

Daughter’s attorney argues that in taking Daughter into protective custody, the County assumes the role of parent and must exercise parental responsiblity.

Read more in this [UK] BBC News article: Injured girl sues Oxfordshire County Council for £4m.

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July 29, 2010

Woman Who Reportedly Beat a Child to Death is Granted Limited Visitation and Timesharing With Her Baby, But Not Her Six Year Old

Posted by Filed under Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Miscellaneous.

Texas Father has a five year old Son. Father leaves Son with his Girlfriend, who is not Son’s mother.

Son dies after reportedly being beaten by Girlfriend while in Girlfriend’s care for a week.

Girlfriend is charged with injury to a child.

Girlfriend has a Baby and six year old Daughter.

Girlfriend is not allowed timesharing with Daughter.

But Girlfriend is allowed two hours of visitation per week with Baby.

Son is one of two hundred children in Texas who die from abuse and neglect each year.

Texas’ child welfare agency offers warning signs that should tip adults off to neglect or abuse of children and the need to make a report to the child abuse hotline.

Read more in this Austin [TX] KVUE ABC TV news article: Woman arrested for abuse allowed visitation and How to Recognize Child Abuse .

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July 28, 2010

Mother Charged With Felony Nonsupport for Allegedly Failing to Pay Her Child Support Obligations

Posted by Filed under Child Support.

Missouri Mother and Father have two Children together.

Children live with Father.

Mother is ordered to pay child support of $325 per month for the Children.

Mother is allegedly behind in her child suppport payments … by a full year’s worth of payments.

A summons for Mother’s arrest on two counts of nonsupport has been issued.

These are felony charges.

If convicted, Mother may be sentenced to as long as four years in prison, as well as a fine of $5,000 for each count of nonsupport.

Read more in this Marshall [MO] Democrat-News article: Marshall woman accused of failing to pay child support.

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July 27, 2010

Child Welfare Agency May Not Privately and Informally Furnish Oral Case Summaries Directly to the Court for Use in Temporary Child Custody or Visitation Rulings in Juvenile Dependency Cases

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency.

Juvenile dependency cases are cases generally brought by the state on behalf of children believed by the state’s child welfare agency (Agency) to be abandoned, abused or neglected.

In preparation for such cases in Massachusetts, courthouse personnel routinely call the Agency to obtain directly, privately and informally a brief verbal account of the contents of the case file.

Leaving behind no record of what the Agency reports to the court.

And, effectively denying parents and other participants in the case the opportunity to challenge or otherwise address the Agency’s account before the Court relies on it in ruling on temporary custody and visitation for the children involved.

In an important recent ruling, the Massachusetts Supreme Court has struck down this procedure as an unconstitutional violation of parents’ rights to due process (fairness).

Massachusetts family courts may no longer follow their well-established procedure.

The Supreme Court has rule that the family courts may, however, develop a new procedure and submit it to the state’s highest court for review and approval prior to implementation.

Read more in this Springfield [MA] Republican news article: Court ruling regarding child-custody cases in Massachusetts hailed as victory for parents.

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July 26, 2010

American Child Returns from Mexico After Five Year Legal Battle Under the Hague Convention on the Civil Aspects of International Child Abduction and Mexican Law

Posted by Filed under Child Custody or Parental Responsibility, Hague Convention Kidnapping International Child Custody.

California Mother and Father have Son and Daughter (together, Children).

Father is sentenced to jail.

Mother is struggling financially.

Father’s mother (Grandmother) comes from Mexico to visit Mother and Children.

By agreement with Mother, Grandmother takes the Children back to Mexico for about six months.

Grandmother sends Daughter back early.

But, at the end of the six months, refuses to return Son.

Grandmother files in Mexico for legal guardianship of Son, and cuts off contact with Mother.

Mother reports Son as abducted to authorities in California, and files a proceeding for Son’s return to the US under the Hague Convention on the Civil Aspects of International Child Abduction.

California and US government officials meet with their Mexican counterparts.

The Mexican trial courts rule that Son should be returned to Mother in the US.

But Grandmother does not comply … and files appeals and civil rights cases to stall the conclusion of the case.

Seven years after Son’s arrival in Mexico, Mother and Daughter go again to Grandmother’s home. They finally get to see Son after all those years.

Grandmother agrees to allow Son’s return.

Son arrives back in the US on the Fourth of July.

Read more in this Woodland [CA] Record article: Boy reunited with family after prolonged Hague process.

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July 25, 2010

Multi-Millionaire Serves Time on Domestic Violence Charges, Probation Violation and Plea-Bargained Charges of Conspiracy to Dissuade a Witness from Testifying and Soliciting a Crime

Posted by Filed under Divorce, Domestic Violence or Restraining Orders.

Husband and Wife and their two Sons are wealthy.

They lead a lavish livestyle.

They travel on private planes.

Live in several multi-million dollar country club homes.

They spent $20,000 on a single dinner in Las Vegas.

And they are going through a divorce.

A nasty one at that.

At trial in family court, both testified to the other’s acts of domestic violence, substance abuse and cheating. And each rejected the allegations made by the other.

Not so different from many divorcing couples of lesser wealth.

Except Husband is now in jail, having pleaded no contest to avoid charges of soliciting murder of Wife by fellow inmates from when he was incarcerated on domestic violence charges.

Husband allegedly did not want Wife to testify against him for violating probation in his domestic violence case.

Husband served time for violating his probation.

Husband is now serving a sentence of six years’ confinement on conspiracy and solicitation charges.

Husband contends that Wife is just looking for an advantage in their divorce case, which was not yet ruled upon.

But other inmates corroborate Husband’s guilt in connection with their own plea bargains.

Husband describes his imprisonment as a “nightmare”.

Wife describes her life of constant fear similarly.

And some people mistakenly believe that domestic violence is restricted to poor people.

Read more in this Contra Costa Times article: Diablo couple’s life of luxury ends in messy divorce, husband accused in murder plot

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July 24, 2010

One Way to Win Custody May Be By Misleading the Court, Based on One Father’s Case

Posted by Filed under Child Custody or Parental Responsibility, Juvenile Delinquency or Juvenile Dependency, Paternity.

Mother has a Son.

Mother is unable to parent Son adequately.

The two most likely biological fathers undergo DNA paternity testing.

Mother’s parents, Grandparents, obtain sole custody of Son from his birth, reportedly by repeatedly testifying in Court that Son’s father is “unknown”.

But the testing shows that Father is Son’s father.

The California family court later rules that Father should have custody of Son.

But, three years have gone by and Son is still with Grandparents as a result of Grandparents’ initial alleged fraud.

Grandparents deny knowledge of Father’s paternity at that time, even though the test results were available online (by identification code rather than name). Their attorney maintains that they saw only the other possible father’s negative test results.

Read more in this [Bakersfield, CA] KGET TV 17 news article: Couple retains child custody after court ruled they obtained custody by fraud.

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I’m Filing for Divorce: My Spouse Has Attention Deficit Hyperactivity Disorder

Posted by Filed under Miscellaneous.

Research indicates that people afflicted by Attention Deficit Hyperactivity Disorder, popularly known as ADHD, are two times more likely than other people to be divorced. Fully sixty percent of their marriages are in trouble.

How come?

In a nutshell, they don’t pull their weight in a marriage.

They don’t attend to things that need to be attended to.

They miss appointments.

Break commitments.

Forget about drop offs, pick ups.

Leave their spouse feeling ignored, neglected, unappreciated, unloved.

Their spouses come to feel that they cannot depend on them.

Some liken being married to their spouse to having another child to care for.

Eventually, this can breed resentment, anger and frustration in the spouse who doesn’t have the condition.

The spouse with the condition, feeling overwhelmed, may retreat or withdraw.

Four percent or more of adults suffer from ADHD. Many people don’t even know they have it.

Before giving up on their marriage, couples might wish to explore implementing coping strategies.

For example, one researcher and author reports getting very good results with priority-sorted flash cards, each listing just one task she needs her husband to attend to.

Read more in this New York Times piece: Attention Disorders Can Take a Toll on Marriage

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July 23, 2010

Fathers Complain That Visitation and Timesharing Orders Aren’t Enforced as Vigorously as Child Support Orders

Posted by Filed under Contempt and Enforcement, Visitation and Timesharing.

Ohio Father and Mother have Daughter.

Father and Mother divorce.

Father is awarded visitation and timesharing.

Father is behind in his child support payments.

Mother allegedly withholds timesharing since April.

Father, who has served time for nonpayment of child support, questions why child support orders are enforced with jail, but visitation orders aren’t enforced at all.

More likely, the parents trying to enforce timesharing orders are not going about it the proper way to obtain results under the law. Generally, that will be a contempt proceeding initiated by a motion for contempt.

Under Florida law, timesharing is separate and independent of payment of child support.

Read more in this Cleveland Plain Dealer article: Child visitation rights go unenforced, fathers complain.

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July 22, 2010

Wife Awarded Alimony (or Spousal Support) for Medical Expenses Caused by Sexually Transmitted Disease Husband Gave Her

Posted by Filed under Alimony or Spousal Support.

Arkansas Husband of twenty-four years is unfaithful and infects Wife with a sexually transmitted disease (STD)

Husband and Wife divorce.

Wife will incur recurring monthly expenses for medication to treat the STD.

Family court awards Wife alimony (or spousal support) to cover those expenses. The trial court’s ruling may smack of the influence of fault.

Husband appeals based on the trial court’s apparent consideration of fault in its award.

The Arkansas appellate court affirms the family court’s ruling, downplaying the role of fault in the ruling and justifying it based on the Wife’s very real expenses.

These rulings could also be supported under Florida divorce law and alimony law.

Read more in this Courthouse News Service article: Arkansas Man to Pay for Giving Ex-Wife an STD.

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July 21, 2010

Postnuptial Agreements Can Spell Out Property Settlement Rights in the Event of Divorce or Separation or Death of a Spouse

Posted by Filed under Marital Agreements - Prenuptial or Post Nuptial Settlements, Property Division, Assets Split or Equitable Distribution.

Everyone has heard of prenups, or prenuptial agreements. If properly done, generally enforceable and increasingly popular.

What if the couple is slow and doesn’t get their prenup done before the wedding? Assuming they both still wish they had signed a prenup in time, is all lost?

That depends on what state they live in.

Massachusetts’ highest court just formally recognized postnups, or postnuptial agreements which are made during the marriage – provided they are carefully reviewed and approved by a family court judge.

Florida, along with many other states, also allows postnuptial agreements. The duty to disclose financial information is greater between already married couples than merely engaged couples though.

Like prenups, postnuptial property settlement agreements can spell out property rights in the event of a divorce or separation, or the death of a spouse.

Read more in this Boston Globe article: In a first for Mass., SJC approves post-nuptial contracts.

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July 20, 2010

Medical Missionary, Reknowned Children’s Heart Surgeon … And Alleged Domestic Abuser

Posted by Filed under Domestic Violence or Restraining Orders.

Domestic violence doesn’t just occur in the lower socioeconomic strata. Domestic violence can find its way into the most affluent and prominent homes.

Take a well-respected children’s heart surgeon (Doctor).

After he strikes his daughter inappropriately, the Doctor is arrested on charges of domestic battery, and a domestic violence restraining order is entered against him.

Doctor has to leave his home in a fine neighborhood.

Wife files for divorce.

Doctor is distraught.

And returns to his home.

And shoots his Wife in the face.

And then shoots himself, fatally.

Two of their children are in their home at the time of the incident.

Wife is expected to recover fully.

Read more in this Chicago Tribune news article: Cops: Doctor shot estranged wife, then killed himself and this Elmhurst [Chicago] Press article: Many mourn surgeon at funeral.

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July 19, 2010

Man Faces Jail for Not Paying Child Support for Child DNA Test Proves is Not His

Posted by Filed under Child Support.

A Detroit area Man is facing incarceration for not paying his court-ordered child support.

For a child who isn’t his, according to a paternity test.

Because the Mother identified the Man as the child’s father on her application for public assistance.

The problem is that the DNA test was performed long after the Michigan family court entered its child support order – and beyond the time limit allowed by law.

But this wasn’t the all too commonplace case of an alleged father ignoring child support papers served on him.

No, this Man was actually incarcerated in Michigan at the time of the child support case brought by the Michigan child support agency.

And it appears that the Man was not properly served in the case. Even though the court was aware that the Man was incarcerated.

And the state did not provide the Man with a paternity test to potentially disprove that he was the father.

As required by Michigan law.

The Man is awaiting his day in court and hoping he will be released from his child support obligation.

Once a man is legally determined to be a child’s father, that father will generally be legally responsible for child support – even if a DNA test later conclusively establishes that he is not the father.

Read more in this Detroit WXYZ ABC TV news article: He has a DNA test to prove it’s not his son, but still has to pay child support.

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July 18, 2010

Beware of Your Spouse’s Ploys to Have You Sign Legal or Financial Documents (Especially Blank Ones) on the Spot, Without Opportunity to Properly Review Them Yourself or to Consult with a Lawyer Regarding Property Division, Alimony and Child Support

Posted by Filed under Property Division, Assets Split or Equitable Distribution.

A financial planner provides some sound divorce advice.

The standout takeaway point is:

“Avoid signing a blank financial statement or any other document without reviewing it with a lawyer.”

That valuable tip can only be improved by expanding upon it.

Also avoid signing a blank tax return, loan application, credit card application, promissory note, mortgage, beneficiary designation or the like, will, trust, bill of sale, assignment or transfer document, guaranty, or pretty much any other legal or financial document at your spouse’s request. Period.

If you do sign any blank legal or financial documents at your spouse’s insistence, make sure you read them first and obtain copies of them.

Both are good ideas even if the documents aren’t blank.

And have them reviewed by your lawyer, whether they are blank or fully filled out.

In the time leading up to filing for divorce, it is not at all uncommon for the more financially savvy spouse to trick or pressure the other spouse into signing all kinds of documents, ranging from transfers of assets to the other spouse, waivers of interests in assets of the other spouse, debt assumptions, consents to loan refinancing documents, waivers of support, and other documents related to property division, alimony and child support.

The signing spouse usually isn’t given an opportunity to read the documents or given copies of them.

In the end, they just know that they signed something recently – and they have that vague, chilling feeling that it probably wasn’t in their best interests.

A good deal of money and grief can probably be saved by not giving in to the more financially savvy spouse’s demands for signature (assuming, of course, that refusal does not place the less financially savvy spouse at risk of physical harm).

Read more in this Des Moines Register article: Lawyer is good idea when going through divorce.

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July 17, 2010

Parents Who Stick Out a Bad Marriage May Cause Their Kids’ Lasting Relationships Damage

Posted by Filed under Miscellaneous.

“We stayed together for the kids”. Everyone knows someone who can say that.

So how’d that work out?

A New Jersey university’s researchers’ nationwide study in the US suggests that the answer is “not so good”.

According to the findings in the study, the high conflict imposed on the children’s home life haunts children throughout their lives, leading to greater conflict in their own adult relationships.

The researchers theorize that the prolonged conflict is what impacts children’s experience with relationships.

By contrast, children of divorce experience a tough period surrounding the divorce, but then get over it.

Presumably because the hostilities fade as their parents disengage from each other.

Read more in this Times of India article: Divorce ‘may be better for kids’.

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July 16, 2010

Divorce Property Division Complicated By Receiver’s Duty to Compensate Victims of One Spouse’s Co-Conspirator’s Ponzi Scheme

Posted by Filed under Divorce, Property Division, Assets Split or Equitable Distribution.

Conspirator is convicted of running a Ponzi scheme defrauding customers.

California Husband allegedly moved billions of dollars around in furtherance of the scheme.

Husband pleaded guilty to criminal charges of money laundering and could be sentenced to up to twenty years in prison.

And recently divorced his Wife. And agreed to give Wife almost all of their assets.

Husband and Wife still live together. Claiming poverty.

Court appointed receiver wants to apply divorce settlement assets earmarked for Wife to compensate victims of Ponzi scheme.

Husband maintains that no assets have actually been transferred from Husband to Wife yet.

And Husband and Wife agree that their marital assets should be applied to compensating victims.

Husband is even willing to have the entire divorce undone … but he would need attorney’s fees and costs from the receiver to be able to accomplish that.

Read more in this St. Paul [MN] Pioneer Press article: Divorce of Petters’ associate complicates compensating victims.

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July 15, 2010

Florida Father is Awarded Temporary Custody of Children and Mother is Allowed Only Minimal Visitation Until Psychosexual Evaluation is Conducted, After Mom Allegedly Posts Inappropriate Images of Her Children and of Herself on the Internet

Posted by Filed under Child Custody or Parental Responsibility, Divorce, Domestic Violence or Restraining Orders, Juvenile Delinquency or Juvenile Dependency, Visitation and Timesharing.

Another Florida teacher in the news…

Southwest Florida Husband and Wife have two young children together, two and four years old. The four year old has autism.

Husband and Wife are going through a divorce.

Wife is a special education instructor in an elementary school.

Wife undergoes a psychological evaluation. And is ordered to complete an anger management course and parenting classes.

A truck driver finds the older child wandering the streets, dressed in pajamas.

The Department of Children & Families (DCF) removes both children from Wife’s care.

Wife is arrested for child neglect, a felony.

Wife is suspended from teaching children and assigned to an administrative position.

The trial judge temporarily denies Wife any contact with their four year old, but allows a short weekly unsupervised visitation with their two year old.

Inappropriate and provocative images, allegedly of Wife, are posted on the internet on websites apparently owned by Wife.

Images of the couples’ children, unclothed, are also posted on the internet.

Husband contends that Wife posted the images. Wife denies the charge.

There is no solid proof that Wife posted the images. That would require a computer expert.

Husband’s attorney argues that merely posing for the images, even if she hasn’t posted them, calls Wife’s parental fitness into question.

Trial judge orders that all such images be removed from the internet.

Trial judge orders that Wife undergo a psychosexual evaluation regarding Wife’s sexual propensities.

New images are posted on the internet.

DCF approves Husband as a fit parent.

Husband obtains a domestic violence restraining order against Wife.

Father moves to northeastern Florida, with the former couple’s children, now in his care.

Wife follows.

Wife violates the order of protection by showing up at Husband’s workplace. She denies knowledge.

Trial judge considers that Wife may require more social services, pending her psychosexual evaluation.

Read more in this Marco [Island, FL] Eagle article: Judge orders psychosexual evaluation of former teacher charged with posting naked photos of her children on Web.

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July 13, 2010

Some Fathers with Child Support Arrears Celebrate Father’s Day in Jail Instead of With Their Kids

Posted by Filed under Child Support.

The city of Worcester, MA marked Father’s Day this year with the arrest of sixteen fathers reportedly owing more than half a million dollars in child support arrears collectively.

Are these parents simply ignoring their responsibilities?

Well, according to federal data, two-thirds of so-called deadbeat dads are at the poverty level of income, with only four percent reaching $40,000 per year in income. Pre-recession.

Massachusetts imposes the highest rate of interest on child support arrearages in the nation: eighteen percent.

And last year Massachusetts increased its reportedly already high child support guidelines even more. During the recession.

Parents suffering reversal of fortunes rarely take the proper legal steps to modify their child support obligations, and even more rarely succeed in obtaining a child support reduction.

In many instances, fathers who fall behind in child support borrow from their parents to avoid being held in contempt of court and jailed.

Of course, there is no reason to think that custodial parents are faring any better in the recession than noncustodial parents.

Read more in this Worcester [MA] Telegram article: ‘Deadbeat dad’ raids unjust.

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July 12, 2010

Family Court Judge Holds Mother in Criminal Contempt of Court for Allegedly Violating Father’s Rights, Specifically His Visitation Rights under Child Custody Agreement

Posted by Filed under Contempt and Enforcement, Miscellaneous, Visitation and Timesharing.

Mother and Father have a 9 year old Son.

Mother and Son live in New York.

Father lives in Arizona.

Mother agrees to twice a year visitation between Son and Father, and the New York Family Court so orders.

Mother changes her mind. Mother refuses to send Son for his timesharing with Father.

Father is serving a twenty-seven year sentence in an Arizona prison for rape of three women.

The trial judge holds Mother in contempt of court, reportedly for missing several court appearances at which she would have had the opportunity to defend herself …

And the Court sentences Mother to fifty days in jail. Without providing for bail.

In fact, Mother spends eighteen days in solitary confinement, before the trial judge changes his mind and releases Mother into her attorney’s custody.

Read more in this Gothamist article: “Unusual” Case of Mom, Rapist Dad and Visitation Rights and this New York Daily News article: Judge frees mom jailed for keeping son from rapist dad.

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July 11, 2010

Possible New Grounds for Divorce When Filing for Divorce under Florida Divorce Laws?

Posted by Filed under Divorce, Miscellaneous.

There are, of course, many different reasons why a spouse might want a divorce:
disputes about money and property, infidelity, incompatibility, etc.

Here’s a “ground” for divorce you may not have thought of.

One spouse expects to be buried or cremated when they die, and the other expects …

To be frozen and preserved – in the hope of eventual revival and restoration to health and longevity.

You may have heard of cryogenics.

But did you know it places a great strain on a marriage?

One couple has managed to live for 28 years with this one chasm dividing them – bitterly. But the spouse who wants to be frozen, the husband, isn’t trusting his wife to see that his final wishes are carried out as he has painstakingly planned.

The originator of cryogenics reportedly advocated divorce in the event that the spouse who does not wish to be frozen will not cooperate with their partner being frozen.

But some spouses are not willing to go quite that far. They make their arrangements to be frozen behind their spouse’s back – for fear that their spouse will divorce them over their choice.

Disagreement over whether to go the cryogenics route probably isn’t a ground for divorce in too many cases right now. But time will tell about the future …

Read more in this New York Times Magazine article: Until Cryonics Do Us Part.

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July 10, 2010

A Lot of Folks You Know Getting Divorced? You Could Be Next

Posted by Filed under Divorce, Miscellaneous.

Social scientists followed participants in a study of risk factors for heart disease for thirty-two years.

And learned that divorce is a social condition. When divorce penetrates a social circle, it is much more likely to strike within that social circle again.

This finding confirms what many people likely observe around them.

The corollary is that where divorce has not yet penetrated a social circle, a first divorce within that social circle is less likely to occur.

Some ancillary findings.

Having children tends to counter social impetus toward divorce.

Remarriages are more likely to result in divorce than first marriages, with each successive walk down the aisle facing escalating risk of divorce.

Read more in this New York Times piece: Is Divorce Contagious? and this Huffington Post piece: Is Divorce Contagious?

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July 9, 2010

Swiss Court to Rule on What May Be Record-Breaking Property Division of at Least 6 Billion UK Pounds Between Ultra-Rich Russian Couple Living in Switzerland

Posted by Filed under Divorce, Marital Agreements - Prenuptial or Post Nuptial Settlements, Property Division, Assets Split or Equitable Distribution.

What may become the highest ticket divorce in the world is about to unfold in Switzerland around a super-wealthy Russian couple.

Husband made his money in mining. All 6 Billion UK pounds of it … or, according to Wife, much more.

Among their assets are a valuable art collection featuring paintings by the greatest artists of all time, a yacht worth 72 million pounds and high end real estate scattered around the globe. Including a 62 million pound mansion down the road in Palm Beach, Florida. Previous owner: Donald Trump.

Wife alleges that Husband has had multiple affairs, and carried on with some of his mistresses on their very own yacht.

Wife (of more than twenty years) is seeking nearly 4 billion pounds as what she claims is her fair share (half) of Husband’s true wealth.

Wife also alleges that Husband has hidden assets abroad.

Husband, however, alleges that Wife signed a postnuptial agreement precluding as huge a property division award to her as she is seeking.

Husband also contends that he no longer possesses much of the wealth Wife attributes to him.

Although Russian nationals, the couple and their children have lived in Geneva since 1995.

Read more in this [UK] Telegraph article: Russian oligarch facing world’s most expensive divorce.

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July 8, 2010

Valuations for Property Division and Asset Splitting in Divorces Should Adjust for Tax Impacts and Risk

Posted by Filed under Divorce, Property Division, Assets Split or Equitable Distribution.

A financial advisor highlights some financial issues to address in property division in divorce. Tax consequences can have a significant impact on the ultimate value of any asset to the recipient. Asset splitting calculations should factor in tax impacts and risks.

Read more in this [AR and OK] Times Record article: Reducing Financial Devastation Of Divorce.

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July 7, 2010

Father Who Owes Almost $100,000 in Child Support is Served with an Order for Arrest … Thanks to Mother’s Diligence in Monitoring Father’s Criminal Record, Insistence on Order’s Existence and Persistence in Locating Order

Posted by Filed under Child Support.

North Carolina Mother and Father are no longer together.

But they have two children together for whom Father was ordered to pay child support.

Father reportedly is more than $90,000 in arrears in his child support obligations.

In 2009, the North Carolina family court issued an Order for Arrest of Father.

Mother keeps tabs on Father’s criminal record daily through the North Carolina courts web site.

Now Father is arrested on an unrelated matter.

Mother springs into action in pursuit of her children’s overdue child support.

Upon Mother’s inquiries, court personnel have no knowledge of the Order of Arrest.

But Mother doesn’t give up. And finally the Order for Arrest is located in the court file.

Unfortunately, there is no record of it in the courts’ computer system.

So law enforcement authorities would not be in a position to serve the Order on Father but for Mother’s vigilance and diligence.

When Father comes to court on the unrelated charge, he is served with the Order for Arrest.

Now Mother awaits the Court’s action upon the order and Father’s arrearages.

Mother’s difficulties reportedly stem from the fact that Father lives in a different county from her and her children.

It’s not clear why Orders for Arrest aren’t entered into the state’s computer system.

Read more in this Charlotte [NC] News 14 article: Mother frustrated by county’s handling of child support

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July 6, 2010

How Not to Celebrate Father’s Day: Apparent Child Custody Dispute Erupts into Violence

Posted by Filed under Child Custody or Parental Responsibility, Domestic Violence or Restraining Orders.

Boyfriend and Girlfriend are at home with nine month old Baby.

Girlfriend’s mother, Grandmother, arrives.

Grandmother takes Baby outside and parades down the street with him.

Girlfriend goes after Grandmother and they argue.

Boyfriend comes out to check on them later.

Grandmother’s boyfriend, along with some of his friends, allegedly attack Boyfriend with a metal pipe and bats.

Boyfriend goes to the hospital for treatment of lacerations to his head and wounds on his back.

Grandmother’s boyfriend reportedly calls Boyfriend at the hospital and threatens to go there and continue beating Boyfriend.

Grandmother’s boyfriend and his cohorts arrive at the hospital.

Grandmother’s boyfriend is arrested on charges of assault and armed criminal action.

This happens on Father’s Day. And reportedly relates to a child custody dispute over Baby.

Read more in this Kansas City Star article: KC man charged in Father’s Day fight over baby.

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July 5, 2010

Wife Appeals Divorce Rulings Even As Husband Files Civil Suit to Compensate Him for Business Awarded to Him in Divorce But Allegedly Diverted to and for Wife

Posted by Filed under Divorce, Miscellaneous, Property Division, Assets Split or Equitable Distribution.

Tennessee Husband and Wife divorce.

Husband keeps marital business that sells wetsuits over the internet.

Wife goes to work with some competitors of Husband’s business during the divorce, if not sooner.

Husband’s business gradually fails.

Husband brings a federal civil lawsuit against Wife, two companies she works with and the principals of both companies.

The lawsuit alleges a conspiracy to steal Husband’s customers and business name.

The family court already found the elements of fact to support Husband’s allegations … and that Wife had lied under oath repeatedly.

Husband is pursuing compensation and punitive damages in the civil lawsuit.

In addition to the alimony and attorney’s fees Wife was ordered to pay Husband in the original divorce, and the marital assets awarded to Husband in the original divorce.

Wie is appealing the final judgment in her divorce from Husband.

Read more in this Nashville Post article: Nashville at law: eBay merchant accuses ex-wife of swiping his business.

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July 4, 2010

Family Courts Deny Child Custody and Restrict Visitation and Timesharing To Parents Engaged in State-Sanctioned Medical Marijuana Use and Cultivation

Posted by Filed under Child Custody or Parental Responsibility, Miscellaneous, Substance abuse, drug abuse, alcohol abuse, Visitation and Timesharing.

Washington state Father and Mother have two Sons together. They broke up some time ago.

Father and ex-Girlfriend have a Daughter together. They have also broken up.

Father is a glassblower who also runs an organic farm.

Father has no criminal convictions and has never been accused of child abuse or domestic violence.

Father’s timesharing and visitation with all three of his children is restricted.

His timesharing with all three children is required to be supervised. And takes place only twice a month.

At a supervised visitation center. Sons are not legally permitted to enter Father’s house.

Why the requirement of supervision?

Father uses and grows marijuana for medical purposes, in compliance with Washington state law.

Under Washington law, medical marijuana patients “shall not be penalized in any manner or denied any right or privilege”.

Still, family court judges routinely consider state-sanctioned medical marijuana use in making child custody rulings and visitation and timesharing rulings.

Such rulings arguably are not exercises of the court’s power to punish or disciminatory against medical marijuana patients.

They are arguably exercises of the family court’s sound discretion in carrying out their charge to rule in the best interests of the children who are the subjects of the divorce and child custody cases they preside over.

The other parent of the children arguably has an interest in insulating their children from illegal drugs and illegal drug use (under federal law).

And in their children not being left in the care of a parent whose judgment is or may be impaired.

Courts in other states that permit medical marijuana use, such as Colorado, have ruled similarly to the Washington court presiding over Father’s case regarding his Sons.

Read more in this Associated Press article: Medical Pot Can Cost Parents In Custody Disputes and this San Francisco NBC TV news article: Medical Marijuana Weighing on Child Custody Disputes.

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July 3, 2010

Japanese Introduce a Symbolic Ceremony for Divorce

Posted by Filed under Divorce, Miscellaneous.

There’s a new way to celebrate independence. Not of a political sovereignty.

Of spouses. Or, actually, ex-spouses.

With a divorce ceremony. They’re catching on in Japan.

Couples (presumably amicable ones) invite friends and family to witness their separation and renewal of their lives. And their destruction of their wedding rings with a gavel.

At a “divorce mansion”. The flashy affair runs about $600.

The originator of the concept, a former salesman, is now exporting his creation to Korea.

And carries the distinction of being Japan’s (if not the world’s) first “divorce ceremony planner”, a brand new career.

Read more in this Reuters article: Japanese couples say “I do” – in divorce ceremonies.

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July 2, 2010

Japan a Safe Harbor for International Child Abduction and Domestic Parental Alienation

Posted by Filed under Child Custody or Parental Responsibility, Hague Convention Kidnapping International Child Custody, Visitation and Timesharing.

You have to think twice about having a child with someone from Japan. Even if you’re from Japan.

If the parents break up, one gets sole custody of their children and the other gets … absolutely nothing. No custody. No visitation. No contact.

Ever. As though that parent had died.

Unless the custodial parent chooses to allow it.

Who gets custody in Japan?

If one of the parents is not Japanese, the Japanese parent almost always is the one to win custody.

Regardless of what any prior foreign custody determinations may have been.

Making Japan the ideal place for a Japanese parent living abroad to flee with their children.

Other nations have been increasingly vocal in insisting that Japan enter the Hague Convention on the Civil Aspects of International Child Abduction.

As well as many Japanese family lawyers and parents.

But that would be only the first step necessary to protect the parental rights of foreigners.

Japan’s archaic domestic family law would have to change dramatically as well.

Read more in this Inter Press Service article: Left-Behind Parents Want End to Single Child Custody System and this Conducive Chronicle article: Left Behind Parents.

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