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 Janet Langjahr
Out of India …
Wife files for divorce from Husband in twenty year marriage.
Wife asks the Indian divorce court to award her alimony and spousal support.
Wife alleges that she converted to the Hindu religion prior to their marriage, and that she and Husband had a religious wedding ceremony in accordance with the Hindu religion.
Under Indian divorce law governing marriages between spouses of the Hindu faith, a wife may seek alimony – but apparently not so between spouses of other faiths.
Despite the length of this couple’s marriage, however, the Indian high court denies Wife’s request for alimony, finding that Wife has not proved that she did in fact convert to Hindu prior to the marriage and that the marriage may therefore not have been valid from its inception.
The Indian court appears to rationalize, in essence, that too many Indians insincerely convert from one religion to another, not for spiritual motivations, but to manipulate the law to their own legal advantage in family court, or otherwise.
With regard to the particular case before it, the appellate court apparently finds that Wife duplicitously spent twenty years of her life in a sham and/or fraudulent marriage, scheming all along to capitalize on the alimony law available to Indian Hindus, in the event the couple ever divorced.
While this case is from India, spouses should be aware that alimony laws in the United States are being reviewed, challenged and, in some cases, updated to reflect changes in the times.
Read more in this Times of India article: HC refuses alimony to ‘converted’ woman.
Long Island stay-at-home Wife files for divorce in 2008, after twenty-one years of marriage.
Husband owns a contracting business.
Shortly before trial in their divorce, Husband, acting unilaterally and of his own volition, files amended joint tax returns for 2004 through 2007.
In the amended returns, which do not bear Wife’s signature, Husband confesses (or discloses) $1.6 million in income he previously did not report for his business.
Husband also includes a list of marital assets from which the Internal Revenue Service may collect the back taxes, including the couple’s million dollar home.
At trial, the Husband presents no evidence as to any legitimate reason for suddenly becoming a good citizen and amending the tax returns.
Instead, the divorce court holds that Husband acted solely out of malice, with the intention that Wife bear the brunt of at least half of the tax liability eroding her award of her share of marital property in their divorce.
And the family court does something quite extraordinary. It hoists the Husband on his own petard.
The court allocates the entire tax liability to the Husband and his share of the marital property, in effect, insulating the Wife from liability for the couple’s taxes for those years.
Absent Husband’s malicious, egregrious conduct toward the Wife, Wife would be responsible for half of the couple’s tax liability.
Read more in this New York Law Journal article: N.Y. Judge Calls Husband’s Pre-Divorce Filing of Back Taxes ‘Despicable’.
People contemplating divorce often ask at their initial divorce consultation how long it will take. Unfortunately, the answer generally is: It depends.
Every case is different. It is – rarely – possible to complete a divorce in about a month. Some cases take years. Most cases fall somewhere in between.
A California billionaire-Husband and Wife have been going through their divorce for … eight years. No, that’s not a typo.
That’s on the long side. But there are special circumstances.
In this particular case, Wife’s allegations against Husband range from death threats to illegal drug stashes accessible to their children in the marital home to cheating near the marital home.
Husband has also previously been on the receiving end of serious allegations by US attorneys pursuing criminal prosecutions.
So, the divorce has not been the most amicable. And some of the issues are sensitive. And the parties have three minor children.
In California – and Florida – divorce proceedings are not confidential. Although many participants in the process wish they were.
So Husband and Wife have actually agreed to keep certain things in their case quiet. And, to a degree, the court has approved. Along the way, numerous orders sealing particular documents or categories of documents were entered.
And, eventually, no less than the Los Angeles Times intervened in the case, in the hope of gaining greater access to sealed records in this “juicy” divorce case. And different judges rotated in and out of the case.
Sealing orders were variously entered, amended, and superseded, etc., etc. And Husband appealed.
But Husband’s appeal was unsuccessful. And more of the eight years’ worth of this divorce court case file is now accessible to the public, including the media.
Read more in this Forbes piece:Billionaire or Not: No Special Treatment.
In a word, no. Although spouses often view themselves as “pet parents” of their pets, divorce law does not (currently) equate pets with children in any way, shape or form.
Quite the contrary, the law casts pets as property. A fair market value is assigned to the pet.
Like any other asset or debt, the pet is assigned to one spouse and some other similarly valued asset is assigned to the other spouse.
The choice of “assignee” (recipient) may be enlightened by consideration of the pet’s needs and which spouse has already demonstrated that they are better equipped to meet them. Or the ruling may be fairly arbitrary.
So what’s a pet lover to do?
The Law is what controls in divorce court, and the matter is before the divorce court because the spouses can’t agree upon a resolution.
But The Law may not produce a result that is in the pet’s best interests, if the spouses care about that.
Alternatively, the spouses can reach their own agreement as to which spouse keeps the pet full-time, they can agree to some sort of timesharing or visitation schedule, the spouses can agree to rotate physical custody, or the parties can agree to designate someone else (like a mediator or arbitrator, a trusted mutual friend or relative or, for that matter, the pet’s veterinarian or groomer) to choose the superior pet caregiver.
In general, animals are less adaptable than people (or children) and crave routine, structure and a stable territory they can make home.
Read more in this CNN American Morning AM Fix piece: Gut Check: Should pets be considered like a child in divorce court?
British law allows admission into evidence of assets a spouse’s private documents obtained by the other spouse peacefully but by stealth.
Until now. The British Court of Appeal, an intermediate appellate court, just struck down that vast body of law.
In the case before the appellate court, office mates of the Husband copied files from office computers for Wife’s use in their divorce court case.
The holding will make it more difficult and expensive for spouses ignorant of the other spouse’s financial affairs to prove their spouse’s income and assets for purposes of determining child support, alimony and property division.
The Court’s justifications? Concerns about violating privilege and encouraging illegal and / or unethical conduct.
The appellate court has denied leave to appeal to Britain’s highest court.
Read more in this Forbes article: Private documents no longer allowed in divorce and this UK Guardian article: Covertly found assets no longer valid in divorce.
Recently I posted regarding 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.
Perhaps it’s something in the air. Now, just a short time later, yet another ex-patriate Russian oligarch billionaire Husband is divorcing this summer too. With another stratospheric marital estate expected to culminate in a record-setting property division award to his Wife.
This time, the Soviet couple’s divorce filing is in London, after nearly twenty years of marriage – in which they mostly lived apart from one another. Husband has reportedly co-habited with a different “significant other” for the last fifteen of those years.
Speculation is that the property division settlement is the largest ever in the UK, and twice the largest ever in Australia.
Husband’s career has run the gamut from running an automobile dealership to teaching math at the college level. Although he reportedly made the big bucks selling state-run assets in the aftermath of the collapse of the Soviet Union government.
Regardless of the magnitude of any settlement or judgment on paper though, a foreign attorney, who handles similar high end divorces involving globally-dispersed wealth, notes that, depending how the marital assets are titled and held and where in the world they are located, Wife may face obstacles to enforcement.
But, even in humbler marital estates, exes seeking enforcement of property (and, for that matter, support) awards can expend more time, ingenuity, energy and financial resources collecting on their divorce final judgment than in obtaining their divorce final judgment.
Read more in this Sydney Morning Herald article: Russian oligarch Berezovsky gets divorce.
Many people think filing for divorce in Florida is expensive.
They might want to re-think that.
The York County area in Virginia has come up with a creative solution to rising public costs and shrinking public budgets for contentious family court litigation of contested divorce cases and contested child custody cases.
Namely, shift the costs to the litigating spouses and parents.
The York County area courts have no full-time professional judges on salary to hear divorce court cases involving disputes over property division! None. At all.
Instead, this part of Virginia taps practicing local attorneys to hear family court cases on an independent contractor basis, over the course of their day juggling cases in their law practices.
With the spouses and parents picking up the tab to have a hearing officer for their contested divorce cases and contested child custody cases, at a cost of about $250 per hour in court.
Payable in advance, in the form of a $2,000 “retainer” from each party, held in an escrow account for the hearing officer.
Just another expense of divorce and child custody battles? An omen of the future here in Florida and other jurisdictions?
There is some backlash among local attorneys practicing in the area, who view this requirement as shutting some litigants out of divorce court (or family court) … in violation of constitutional equal protection principles … and in just one county of the state. Among other concerns.
On another level, funding and operation of the legal justice system is generally perceived as a uniquely governmental function.
Raising the question: where should privatization end?
Read more in this Newport News Virginia Daily Press article: Pay-for-judge requirement for disputed divorces
UK Husband makes a fortune with the internet, about 14 million pounds UK. Husband and Wife of twenty-three years maintain a lavish lifestyle, running through more than six million pounds UK over the last ten years.
In their divorce, the trial court finds that Husband tenaciously hid, or tried to hide, assets from Wife … and the court.
The court awards Wife one-half of what it determines the marital estate to be worth, payable on September 1, 2010.
The recession and the divorce may have combined to reverse Husband’s fortunes. But Husband’s conduct in the case garners him no support from an intermediate appellate court.
The trial court’s award of 200,000 UK pounds in alimony per year until Husband makes good on the property division award stands. And Wife is allowed to market one piece of real estate and retain the net proceeds as a deposit toward her share of the marital estate.
Husband maintains that the award is in error because it is based on a lifestyle that has slipped out of reach of the couple due to the recession and years of living way beyond their means.
But the intermediate appellate court denies Husband the right to appeal further.
Read more in this UK Telegraph article: Polo playing dotcom tycoon forced to pay wife £7 million in divorce settlement and this UK Mail article: Polo-playing tycoon must hand his wife £7m in divorce deal
after couple spent £6.5m in ten years of high living.
Wife reportedly calls police on four different occasions this year due to Husband.
According to Wife, Husband variously prohibits Wife from taking the kids out of the home, changes the locks on the doors, harasses Wife and so on.
Wife files for divorce. Her papers allege verbal abuse, including a death threat, and disparagement in front of their children. Never actual physical violence.
But, close to a divorce settlement, Husband shoots and kills Wife and Stepson, before taking his own life.
The couple’s three young children are in the home at the time.
Read more in this Johnston County [NC] Herald article: Clayton couple were on verge of separating
I previously posted in Minnesota Pleased with Early Results in Pilot Program to Resolve Custody Issues Amicably Outside Court about a pilot program in Minnesota using Early Neutral Evaluation.
The program is still going strong, and has expanded to other counties in Minnesota and to divorce cases with disputes over more varied issues, including financial disputes.
In this variation on mediation, both parties meet with two different evaluators, who each offer their own opinion as to the outcome on that issue if taken to court.
The program still boasts a settlement rate of between seventy and even eighty percent. After an investment of just six to fourteen hours of time.
The program’s proponents concede that early neutral evaluation is not suitable in cases where there is a history of domestic violence or other abuse.
The statistics on early neutral evaluation are certainly promising.
Some other metrics of the program’s success are whether participants feel satisfied with the outcome afterwards.
Unfortunately, a significant number of participants in ordinary pro se (without lawyers) mediation don’t totally understand that they aren’t required to reach agreement or to “give in” to the proposal that the mediator (here, evaluator) seems to be directing them toward.
This can lead to “settlements” that are, in essence, coerced and don’t keep the peace for long.
Read more in this press release: Early Neutral Evaluation Pilot Showing Great Promise in Minnesota.
Husband and Wife divorce.
Wife allegedly hires her ex-husband and her boyfriend to murder Husband.
Husband is shot three times, but survives.
Wife serves eight months in jail awaiting trial.
Then Wife and her accomplices all plead guilty to criminal conspiracy to commit Husband’s homicide.
Wife is sentenced to between six and twelve years in prison.
And while serving her sentence, Wife files divorce court papers:
The family court rules against Wife on her alimony and personal property claims, but rules in Wife’s favor on her pension claim.
The criminal court ordered Wife and her accomplices to pay Husband $2,300 in restitution. So far, Husband has been able to collect a total of $80.
Husband suffers from permanent nerve damage, shotgun “pellets” embedded in his head, anxiety and nightmares .. and, from his perspective, legal abuse.
Read more in this Wilkes-Barre [PA] Times Leader article: Murder in her heart, law on her side.
Sign of the times.
Arizona Husband and Wife’ s marriage has broken down.
Husband and Wife have three Children.
Husband and Wife can’t sell their home in the current economy.
So Husband and Wife – and Children – are all still living together … going on nine months into their “divorce”.
Along the way, Husband and Wife attend mediations – and family counseling.
And it’s all being filmed for public airing on primetime television.
Still living together. Nine months. Dirty laundry on TV.
And yet another three months of “living together” after Husband and Wife reach a settlement.
It would appear to be somewhat subjective whether so-called amicable resolution via mediation is always better than not-so-amicable resolution via litigation (which can also place people in mediation and result in settlement – and separation … faster).
Husband, Wife and Children’s psychologist doesn’t recommend the “living together” approach to divorce that Husband and Wife have adopted.
But different strokes …
Read more in this ABC News Primetime article: House of Hurt: ‘Separated’ Couple Stuck Living Together Through Divorce.
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
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.
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.
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.
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?
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.
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.
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.
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.
Domestic violence can strike where least expected.
Senior New Jersey Husband and Wife divorce after thirty-seven years of marriage.
Husband allegedly threatens Wife’s divorce attorney.
A New Jersey restaurant owner reportedly has contemplated seeking a restraining order against Husband or pressing criminal charges against him for harassing customers.
Wife is found, murdered. She was stabbed eighty times.
Husband turns up in Washington state.
Husband is arrested for threatening the divorce lawyer and incarcerated in Washington pending extradition to New Jersey.
Law enforcement characterizes Husband as a “person of interest” in Wife’s murder.
Read more in this Denville [NJ] Daily Record article: Denville NJ murder: Different perspectives on Anthony Novellino and this Denville [NJ] Daily Record article: Morris County NJ tip led to Anthony Novellino’s arrest in Washington.
A financial planner strongly recommends creating a budget after divorce to facilitate wise decisionmaking about finances.
(Actually, a budget should really be created prior to settlement or trial, for the same reason.)
Perspective is helpful in making any major purchases or financial decisions.
Depending on a person’s individual circumstances, their immediate priority may be education, training or financing a business, in order to increase their ability to generate long-term income. In the short run, this may need to take precedence over other purchases or investments.
Further, it may be prudent to favor liquid investments over others for some time after divorce – maybe even an emergency cash reserve.
For many people, major purposes should be deferred or subordinated temporarily to the two above priorities after divorce.
Marital settlements or awards are only made once and investment mistakes may be difficult to recover from.
A financial planner may be helpful and appropriate in this process.
Read more in this Primedia iAfrica article: Start over after divorce.
The final judgment is entered. The court case is over.
Next begins the aftermath of divorce. For some spouses, even spouses who initiated the divorce, this can be a very difficult time.
A lot of divorced spouses would benefit from some type of counseling and professional support to aid them in transitioning to their new life.
A couple of therapists in California have designed a therapeutic program specifically intended to take an ex-spouse through that emotional transition from grief to recovery and beyond.
They call it Divorce Detox.
They believe that proper treatment is necessary both to heal and to fully embrace and maximize the opportunity to start a fresh, new life.
Read more in this Earth Times press release: Emotional Cost of Divorce Skyrocketing Due to Lack of Treatment.
A financial writer offers some suggestions for pre-divorce actions that may help pave the way for a smoother post-divorce life.
Read more in this Second Act article: 5 Smart Divorce Money Moves.
A credit card company representative suggests some frank financial philosophical exchanges before your wedding day. That’s better, of course.
But, if neither of you has filed for divorce yet, it’s still not too late. Money is at the root of many marriage breakups.
Money problems complicate many divorces. And drive up their cost. Aggravating the problem and extending it into post-divorce life.
Some candid conversation may shed light on a bad intended union, help repair a shaky marriage or make a divorce simpler and cheaper.
The expert’s suggestions for discussion:
The candor and discussion shouldn’t stop after the wedding.
Read more in this Huffington Post article: Before “I Do,” Take These Financial Vows.
New York is the last bastion of fault. In divorce law, that is.
New York is the lone US state that has yet to adopt “no fault” divorce, such as we have here in Florida.
But New York’s law may finally be poised on the cusp of change.
One chamber of the state legislature has passed a “no fault” bill.
All that remains is for the other chamber to follow through with it.
Current law in New York dooms divorce to be nasty or drawn out – and sometimes both. Impatient couples are pushed into perjury.
Now there is relatively widespread anticipation that “no fault divorce” will finally take in New York.
Concurrently with the proposed no fault legislation, other bills are being introduced to pave the way for less financially able spouses to receive court-ordered awards of attorney’s fees earlier in the case as well as temporary support awards, which will be calculated based on a newly established formula.
Both companion bills would help needy spouses both before and after filing of divorce cases.
Read more in this New York Times article: N.Y. Moves Closer to No-Fault Divorce.
Some divorces can start to get kind of expensive.
Take Husband’s.
He apparently owed his divorce attorneys roughly $500,000.
On top of that, he was also behind on his credit cards … and the mortgage on his multi-million dollar house in the Hamptons.
It’s also possible that he was going to have to pay some money to Wife.
He was likely feeling overextended, even overwhelmed by his obligations.
Now, the Securities and Exchange Commission (SEC) is reportedly charging him with duping investors with a false claim of ties to royalty, and then diverting over $6 million of their funds to pay his personal legal bills, credit cards and mortgage.
The SEC has also secured a court order freezing Husband’s assets.
If it succeeds, the SEC is looking to impose fines on, and extract restitution from Husband.
Husband has closed up shop now.
He reportedly has not retained counsel in the SEC case, at least not yet.
Read more in this Canadian Business article: SEC accuses money manager of fraud in investments claimed linked to royal family of Belgium and this New York Daily News article: Guy Albert de Chimay makes off with $6M, made bogus claim to be Belgian royalty: Feds.
Central Florida attorney (Stepfather) marries pregnant Mother and raises Son as though Son is his own child from time of Son’s birth here in Florida.
Mother, Son and Stepfather live in Florida.
Mother and Son visit Costa Rica once annually.
In 2004, Mother and Stepfather divorce.
In 2008, Son’s biological father (Father) files a legal case to keep Son in Costa Rica.
The Costa Rican court awards Father temporary custody of Son and orders that Son remain in Costa Rica.
This temporary ruling is upheld in higher Costa Rican courts.
Stepfather files a return application under the Hague Convention on the Civil Aspects of International Child Abduction, asserting that Son was wrongfully retained in Costa Rica.
Frustrated by the slow progress of that case, Stepfather gets Son back to Florida using private third parties with military backgrounds.
Shortly before the final hearing is supposed to take place in Costa Rica, Stepfather and Mother secure Son’s return to Florida.
Mother and Stepfather are reportedly branded criminals in certain circles.
Father files in a Florida court for Son’s return to Costa Rica under the Hague Convention on the Civil Aspects of International Child Abduction.
Father’s Florida case is not about custody of Son, but about the place of Son’s habitual residence prior to Mother’s and Father’s removal of Son from Costa Rica and the proper jurisdiction to determine custody of Son.
Stepfather is litigating this case vigorously, having thus far lost his gambit to have it dismissed entirely.
Stepfather maintains that his legal paternity of Son was legally established in his divorce from Mother (not a Florida stepparent adoption proceeding). Based on that position, in the eyes of the law, Stepfather was already legally determined to be Son’s legal father here in Florida long prior to Father’s filing of any legal case asserting rights to Son.
But, regardless of the legislative intent behind the Hague Convention, it affords a legal remedy to persons with “rights of custody”, and is not strictly limited to biological or legal parents.
Further, Father counterargues that Stepfather and Mother fraudulently amended their divorce paperwork regarding Son after proceedings in Costa Rica were filed … and that Father had no notice of same.
Stepfather counters back that Father more or less abandoned Son for nine years, before filing in Costa Rica.
A sad and complex case …
Read more in this Ocala [FL] Star-Banner article: Battle for boy back in Ocala.
In China, divorce propels children to significantly greater incidences of juvenile crime than in intact families. A rate more than four times as much, in fact.
Perhaps recognizing the adverse impact of divorce there, Chinese parents tend not to divorce during certain pivotal stages of their children’s lives, such as preceding college entrance exams.
Such are the findings of China’s court system, which actively investigates the health and welfare of a couple’s children before granting a divorce.
In China, the family court may dismiss a divorce case if it concludes that the minor children of the marriage are particularly vulnerable to adverse impacts from the divorce.
Read more in this [China] Global Times article: Divorcing parents create teen crime.
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