General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
Husband and Wife divorce.
Husband used to work for large software company.
Husband’s financial disclosure in divorce reveals two large payments and anticipates a further large payment from a so-called hedge fund.
Wife seeks a share of such monies. Husband impliedly disputes her right.
Further complication …
The Securities and Exchange Commission (SEC) reportedly previously investigated suspicions of insider trading between Husband and the hedge fund in stock of Husband’s former employer.
SEC has reopened the investigation since certain information and evidence came to light in the divorce case.
Wife was supposedly in possession of Husband’s computer’s hard drive, which may have had evidence stored on it. The SEC subpoenaed the drive.
Family court judge ordered that $250,000 of past payments from the hedge fund to Husband be held in escrow pending outcome of the SEC investigation.
Read more in this Washington [DC] Examiner article: Conn. divorce judge puts $250K into escrow and this Washington [DC] Post article: SEC Reopens Insider-Trading Probe
In the criminal courts, the defendant can insist on speedy justice.
Not so the litigants in family court, which often operates in a virtual time warp.
Husband and Wife live in North Carolina. They have two children.
Wife files for divorce.
North Carolina Court grants permission for Wife to relocate to Rhode Island, but allows for visitation by Husband each month in both states.
The Wife reportedly tries to block Husband’s visitation and cut Husband out of the children’s lives by accusing Husband of everything from harsh discipline of the children to neglecting them to watch pornography on the internet.
Wife also obtains an injunction for protection against domestic violence, or order of protection, against Husband - in Rhode Island.
Not buying it, the North Carolina Court orders Wife to return with the children to live in North Carolina.
Unhappy with the North Carolina ruling, Wife tries to do an end run around the North Carolina courts and seeks emergency jurisdiction in Rhode Island.
Which Rhode Island’s family courts exercise … repeatedly.
Having apparently exhausted his remedies in North Carolina, Husband appeals in Rhode Island.
And Husband wins …
A mere seven years later.
The reasons Husband wins are because:
Read more in this Providence Journal news blog post: R.I. Supreme Court: Mother, children must return to N.C.
Financial columnists recommend the less than romantic activity of reviewing each other’s credit reports before tying the knot again.
Overlooked or forgotten accounts with an ex-spouse can rear their ugly heads even after a divorce.
Times two can make for a double whammy.
Before the marriage is the time to address these issues squarely and assess what you’re getting into.
Truth be told, checking your credit report is a pretty good idea during the divorce as well.
Read more in this Pittsburgh Post-Gazette article: Family Finances: Know how credit impacts your marriage.
Husband and Wife married twenty-seven years.
Husband, former CEO of corporation, convicted of accounting fraud.
Husband ordered to pay over $3 billion as restitution.
Divorce filed. Uncontested.
In divorce settlement, Husband sells home to Wife for $10.
Prosecutors seek to intervene, contending that Husband bought assets using fraudulently procured funds and Husband should not be able to shield them through a sham divorce.
This is the latest in a veritable rash of reportedly sham divorces that authorities or private corporations have sought to intervene in to preserve access to allegedly misappropriated assets.
Read more in this American Bar Association Journal article: Feds Intervene in Exec’s Divorce, Argue It’s a Ruse to Avoid $3.3B Restitution.
Consciously or unconsciouly, one or both parents in divorce sometimes draw their children into the following roles:
Drawing children in to the divorce is damaging to them both psychologically and emotionally.
Read more in this Tampa Bay [FL] Examiner article: Divorce and the games parents play.
Wisconsin couple files for divorce.
Big Corporation seeks to intervene in, or step into, the case…
To dismiss the couple’s divorce.
The presiding trial judge has one preliminary question before the Court will listen to the Corporation’s arguments for dismissal:
does the Corporation have standing to insinuate itself into the case?
Standing is a legal term that ponders what legal interest does this Corporation have that would entitle this Corporation to butt into this couple’s divorce?
A seemingly good question.
Here’s what the Corporation reportedly relies on to support its standing.
Apparently the Husband was indicted on 20 odd counts of defrauding Corporation by inflating invoices to the Corporation from his trucking businesses.
And then a civil court granted Corporation a judgment against Husband for over $200 million.
Several days later is when Wife filed for divorce from Husband.
In the divorce, Wife asks for pretty substantial sums for child support and alimony.
Corporation essentially alleges that the couple seeks to use the divorce as a way of shielding assets from the civil court money judgment in favor of Corporation.
And maintains that the couple took trips together just before and even after the divorce began.
Read more in this Madison & St Clair [WI] Record article: S.C. Johnson standing hearing Friday in Buske divorce.
Israeli Husband and Wife divorce.
Husband was unfaithful to Wife.
Husband is ordered to pay Wife alimony.
Fast forward six years.
Husband returns to court.
With videotape.
Of Wife and another man having sexual relations.
Prior to entry of the divorce.
Wife challenges videotape, of course.
But police authenticate it.
And, because of Wife’s unfaithfulness, the Rabbinic Court revokes Wife’s alimony.
Read more in this Jerusalem Post article: Rabbinic judges revoke alimony after husband proves wife cheated, too.
Pension plans can be complicated things. Documented in thick manuals filled with arcane rules.
In the case of Continental Airlines’ pension plan, one such rule permits divorced, retired spouses to collect retirement benefits attributable to pilots still in active service.
Such pension benefits can amount to lump sums on the order of $1 million per spouse.
Continental alleges that nine of its pilots fraudulently divorced their spouses so that their spouses could collect their pension benefits early … and then, after receiving their benefits, each couple reportedly remarried.
The airline has sued the nine pilots.
Read more in this Oklahoman article: Pilot divorces spur lawsuit.
A bakery in neighboring Broward County, Florida recently added a new treat to its menu: divorce cakes.
Divorce cakes help to “celebrate” - what else? - divorce.
Ironically, divorce cakes taste the same as wedding cakes.
But they look a little different.
The happy bride and groom atop the cake are substituted with the customer’s choice of:
Some folks actually believe that eating a divorce cake provides more closure than a divorce trial or uncontested final divorce hearing.
Read more in this Orlando [FL] Sentinel article by way of [Hilton Head SC] Island Packet: Divorce cakes help sweeten bakery’s business.
It is almost cliche that divorce is one of the most stressful events in a person’s life.
It certainly was for a California veterinarian.
She channeled her stress productively though.
She fantasized about a haven where she could break things.
And, born of her fantasy came … Sarah’s Smash Shack.
A place where angry or stressed folks - or anyone else - can go to smash plates, vases and other stuff, against walls.
Safely.
To the accompaniment of their favorite music.
And they actually pay for the pleasure of doing this damage to someone else’s stuff.
Read more in this San Diego News Network article: Downtown business wants you to break its stuff.
Central Florida Husband and Wife, a nurse, are going through a divorce three years into their marriage.
Wife reportedly enters Husband’s home to collect things, expecting him to be away.
Husband drives a truck, and had previously purchased a taser gun, reportedly for protection from Wife (and, possibly, others, while on the road on his truck).
Husband returns.
Couple argue.
Wife allegedly punches Husband in nose.
Husband shoots Wife with his taser gun, allegedly in self-defense and to stop her from getting a kitchen knife.
Wife is arrested for battery.
Husband is not arrested.
Read more in this Orlando Fox TV 35 News article: Man says he tasered wife in defense and this Phoenix Fox KSAZ TV 10 news article: Husband uses Taser on Wife to stop Beating.
Florida Husband and Wife divorce.
Husband is ordered to pay Wife alimony.
Husband moves to Indonesia.
Husband allegedly stops paying support.
Indonesia apparently does not honor or enforce US court orders on support.
Husband’s support arrears are reportedly close to $200,000.
Husband returns to US to attend a wedding.
Husband is arrested.
Husband is held without bail.
Read more in this [Jacksonville] Florida Times-Union article: Busted: Exiled, alimony-owing ex returns to Jacksonville and stakeout and this News 4 Jax article: Man Owing $188K In Alimony Arrested.
Georgia Mother and Father separate.
Mother reports Father for child abuse.
Mother’s allegations are determined to be unfounded.
Father is awarded sole custody of their two Children in divorce.
While she has visitation with the Children, Mother reportedly flees.
First to Texas, where she has relatives.
And again reports Father for child abuse.
Texas authorities decline to take Mother into custody despite knowing of arrest warrant.
Then, allegedly, to Mexico, where she is from.
Authorities are looking for Mother in connection with federal charges of international parental kidnapping and unlawful flight to avoid prosecution and state charges of felony interference with child custody.
If caught and convicted, Mother faces incarceration for up to five years.
Read more in this Jacksonville [FL] Times-Union article: Kids believed hidden in Mexico.
Will a spouse’s marriage last, or end in divorce?
Research psychologists from DePauw University think they can predict with some degree of accuracy.
It all depends on the spouse’s smile … when he or she was a child.
Specifically, the frequency and intensity of the smile in youth.
That’s right.
Smilers and, especially, big smilers, were considerably less likely to get divorced.
In the study, no participants in the top ten percent of smilers divorced.
In contrast, twenty-five percent of the least smiley had an unsuccessful marriage.
Statistically, the biggest smilers have only an eleven percent likelihood of divorcing.
The least smiley have a thirty-one percent chance of divorcing.
Why?
It’s not clear.
Smilers may simply be happier and attract happier people into their lives.
Or they accept bumps in the road more happily.
Or they have a larger support network to help them get through tough times.
Or there may be some other reason entirely.
Read more in this Money Times article: Childhood smile could predict your risk of divorce.
Husband and Wife’s divorce trial was just a few days away.
But no one saw anything amiss.
There was no history of police reports of domestic violence at their home during their twenty-two year marriage.
But Wife alleged both physical and emotional abuse in her divorce filings.
Husband’s sister flew in from out of town to testify for him at the trial.
And when Husband and his two children were alone with hs sister, Husband allegedly shot and killed them all, including himself.
Husband’s parents and lawyer couldn’t believe he was capable of such acts.
Read more in this [Huntsville, AL] WHNT-TV article: Inside Look: Kevin and Tammy Garner’s Divorce Papers.
Husband and Wife divorce.
Twenty-five years later, Wife approaches retirement.
Far-off-in-the-future social security benefits are not typically addressed in divorces, and many people are confused about or ignorant of their eventual entitlement.
Wife lets it be known that she is contemplating seeking to collect social security benefits by claiming through Husband.
Husband opposes.
But Wife can do this, even all these years later, even though this was not spelled out in Wife’s and Husband’s divorce.
Under federal law, a spouse who was married for at least ten years to someone who earned social security benefits, may claim social security benefits based on their former spouse’s rights - provided the claiming spouse did not remarry.
The claiming spouse’s benefits do not diminish the benefits that will be paid to the earning spouse.
Read more in this Philadelphia Daily News finance column: Harry Gross: His ex-wife can benefit from his SS.
Husband and Wife divorce.
Husband and Wife have six, count ‘em, six dogs.
Husband and Wife cannot bear to split dogs up.
Each is more attached to the dogs than to each other.
Husband and Wife - and, of course, the dogs - continue to share a New York City apartment … and a bed.
For eight years.
Then Wife finally can’t stand it and tells Husband he must leave.
Not without three of the dogs, he says.
And off he, and three of the dogs, go.
Strange as this situation sounds, there are other people who continue to co-exist in the same residence, months and even years after their divorce.
For less reason than shared unwillingness to separate pets.
Until one of them just can’t stand it anymore.
And then it’s back to court to force the other person out of the residence.
Read more in this New York Post editorial: I LIVED WITH EX FOR SAKE OF OUR PETS.
Many states require separating parents to take a class on co-parenting after separation.
But some locales, recognizing an unmet need, are offering, even requiring, that children attend a class to help them deal with their parents’ separation.
Many children have difficulty talking to anyone, even their parents, about how they feel about the separation and the changes taking place in their lives.
Marion County, Ohio is tackling this problem with programs for kids in grades two to six and seven to twelve. The program utilizes books, workbooks and coloring books, depending on the ages of the children involved.
Feedback from the children is very good, suggesting that the children feel less isolated after the class.
The books also provide roadmaps to aid parents in try to get their kids to open up with them.
Interestingly, Marion County has what is known in Florida as unified family court. Meaning that one judge will guide each family through any probate, family and juvenile court issues.
Which may be the source of the county’s heightened sensitivity to kids’ difficulties with separation.
The various books use in the programs appear to be for sale to interested parties, wherever they may live.
Read more in this Marion [OH] Star article:Grant allows county court to help children.
A bill pending in the Texas legislature would, if passed, mandate that divorcing couples with children, who are pursuing a “no fault divorce”, take a 10 hour class in the nature of marriage counseling.
The class might cost as much as $200 per hour.
That’s $2,000 just to take the divorce class.
The legislative intent behind the bill is to “save a few marriages”.
The pending Texas legislation exempts victims of abuse documented by an order of protection or a police report.
But everyone else would have to take the class in order to obtain a divorce if the bill passes.
Sort of like giving no fault divorce with one hand, and taking it away from those who can’t afford the divorce class with the other hand …
But pretty profitable for government-approved providers.
Read more in this [Dallas/Ft. Worth] WFAA TV 8 news article: Bill proposes ‘divorce classes’.
Portland, Oregon is the “unhappiest city in America”. In case you are wondering.
So opines BusinessWeek magazine. Based on numerous statistics.
For example, of the fifty largest metropolitan areas in the nation, Portland ranks fourth in divorces.
Portland also ranks first in depression and twelfth in suicides.
Portand’s crisis prevention hotline reports that calls are up 71% from about a year ago.
The weak economy is likely a factor. But 222 cloudy days in a year probably doesn’t help.
Louisville ranks first in divorces, but it doesn’t score in the top ten most unhappy cities anyway.
So how much of a factor in “city happiness” is number of divorces?
Hard to say.
The second unhappiest city, St. Louis, MO ranks 18th in divorces.
And the third unhappiest city, New Orleans, ranks 26th in divorces.
Not much of a correlation at all …
Now, what about the “happiness statistics” on victims of domestic violence and couples who stay together, miserably?
Read more in this [Seattle] KIRO TV 7 article: Portland Named Unhappiest City In America.
The concept of “fault” has become nearly obsolete in divorce law throughout the United States.
But one state, Arizona, may be resurrecting it, at least to a degree, after a thirty year hiatus.
A bill may allow fault to be proven and weighed in property division, alimony and even child support.
Fault could include anything from domestic violence to blowing the family savings on gambling - or an affair.
Fault might even include seeking the divorce.
But fault would not be required as a ground for divorce.
Such changes would actually bring Arizona in line with some other states’ versions of no-fault divorce law, including, to a large extent, Florida’s.
Read more in this Arizona Daily Star article: Ariz. may get adultery and other ‘misconduct’ back in divorce court.
Mother and Father have two young children, the oldest autistic with special needs.
After the parents separate, the Father fails to return the children from a weekend visit.
Eight months ago. The divorce isn’t even final yet.
Father keeps changing attorneys or missing court, so Mother is unable to communicate amicably about their children.
Law enforcement authorities view the disappearance of the children as a family matter, for family court and, apparently, do little.
Until Father tries to cross the border to Canada with their kids. Twice. Unsuccessfully.
The first time Father doesn’t have required papers. The second time the customs agent follows a hunch.
At that point, a felony warrant is finally issued.
A good samaritan reports a man and two children walking in 20 degree weather in Pennsylvania … with no coats or jackets on.
That leads to Father’s arrest and the children are taken into protective custody.
Read more in this Salt Lake City Deseret News article: Mother’s 8-month ordeal ends with father’s arrest.
Immigrant Muslim Husband and Wife are divorcing.
Husband founded TV station with mission of portraying Muslims as peace-loving.
Husband reportedly became violent with Wife.
Wife obtains order of protection barring Husband from marital home.
Husband allegedly murders Wife … by beheading her … at the TV station.
Husband turns himself in to authorities.
Husband is charged with murder.
Husband was reportedly under stress because his business wasn’t doing well lately.
There has been some speculation as to whether the murder was a so-called “honor killing” under Islam.
Read more in this New York Post article: BUFFALO ‘BEHEADING’ and this Times of India article: Pak-American beheads wife, sparks debate about Sharia.
Hard times are pushing many into mental illness, reports an article in the Buffalo [NY] News.
The article talks about widespread stressors these days, such as: recession, the mortgage crisis, foreclosures, layoffs, business closings, credit crunch, gas prices and inflation, Ponzi schemes, devalued retirement savings, and snow and cold (well, at least that one doesn’t apply here in South Florida).
Of one couple’s three adult children, two are laid off and one is unemployed.
Anxiety is commonplace and - some people are slipping over the edge. Sometimes with killing sprees and suicides.
Experts recommend reaching out to others, trying to avoid the barrage of gloom and doom from media and others, and staying focused and anchored in the here and now.
The article barely mentions family law matters. Just one casual reference to a “recently divorced” man who was racking up debt after losing his job and was saddled with an alimony obligation on top of that.
But all of these stressors on individuals also affect their families and exes.
At best, they can inspire more frequent and heated arguments and disharmony into the family. At worst, they can incite domestic violence, child abuse, substance abuse, juvenile delinquency and more.
Read more in Hard times are pushing many into mental illness.
Husband and Wife divorce in 1997.
Husband is ordered to pay child support of $512 per month for Daughter.
Now, a court has ordered Husband to pay about $5,000 more in monthly child support than was previously ordered.
The court has also ordered retroactive support of $160,000 to adjust support for prior years.
Husband characterizes these rulings as “absolutely laughable”.
The judges aren’t laughing though.
It turns out that Husband is an heir to the Dow Jones fortune, with trust funds valued at at least $4 million at the time of his divorce.
The court has found that Husband deliberately concealed his assets.
Husband maintains that he had no knowledge of his trust funds until after the divorce.
It is unclear whether Husband voluntarily came forward on his own to dislose his tremendous trust fund assets when he allegedly discovered them.
Read more in this WAOW TV 9 article: Dow Jones heir: Child support ruling ‘laughable’ and this Dubuque [IA] Telegraph Herald article: Wisconsin: Wealthy heir blasts back child support ruling.
Collaborative divorce has been enthusiastically embraced by many attorneys and other professionals serving people going through divorces.
Its primary virtues are touted as:
Maybe, maybe not. It all depends on the particular case and parties.
One participant in the process in the Toronto Canada area felt moved to comment on a series of articles on collaborative divorce published in the local newspaper.
Her advice is “run as fast as you can in another direction”.
In her case, fees were reportedly estimated at $4,000 to $8,000. At the time of her letter, they exceed $15,000 “with no end in sight”.
Not inexpensive. More than she indicates she was led to believe. More than she bargained for.
But, of course, the only benchmark by which to judge the cost of collaborative divorce is what this woman’s legal fees would have been had she been a participant in a traditional, litigated divorce.
And still, that doesn’t address non-monetary, emotional costs or savings at all.
And her experience may not be typical. But it is worth considering.
Read more in this Toronto Star letter to the editor: Collaborative divorce not cheap.
New Jersey Husband and Wife divorce. Husband is ordered to pay alimony, as well as child support for Son.
Wife and teenaged Son argue. Wife is angry and drunk.
Wife allegedly beats Son … to death.
Wife is sentenced to three years’ incarceration for Son’s death.
The trial court suspends Husband’s obligation to pay current alimony, but requires Husband to continue payments of arrearages into Wife’s “prison account”.
An appellate court later suspends Husband’s obligation to make payments on the arrearages, deferring payments of arrearages until Wife’s release from confinement.
The appeals court cannot not find any legal authority authorizing it to terminate Husband’s alimony obligation because of Son’s death.
But the Court invites the state legislature to address the issue by statute.
And address it the legislature eventually does.
A new New Jersey bill terminates alimony to a parent who kills a child intentionally or through abandonment or neglect.
The bill also cuts off a parent’s right of inheritance from a child the parent abandoned, abused, neglected, or endangered.
Read more in this North Jersey Crime Examiner article: No alimony for parent who kills child, panel recommends.
Husband and Wife are from Utah.
Husband has been in the military, stationed in California, for some time now.
The parties divorced while Husband was stationed in California and the divorce was entered in California.
Wife returned with their child to live in Utah.
Husband seeks to have the amount of child support he must pay revisited in a Utah court, where the amount of child support would likely be lower.
But the Utah courts refuse to hear the case, holding that California has jurisdiction because Husband is still stationed there.
Husband is seeking a new hearing on the jurisdiction issue, and two branches of the service will be putting their two cents in.
It isn’t clear whether Utah would have taken jurisdiction of their divorce had it been filed there in the first place and, if so, why the divorce wasn’t filed there.
Utah’s rulling seems to run contrary to the spirit of federal law and contrary to the law in at least some US states.
And, under all the facts of this particular case, simply unfair.
Florida, for example, recognizes Floridians who are stationed elsewhere in the military as Florida residents, and will exercise jurisdiction over their divorces.
But that does not preclude the place where they are stationed from exercising jurisdiction.
Read more in this Salt Lake Tribune article: Marine from Utah can’t take divorce case home.
A couple’s finances can sometimes get pretty complicated during divorce.
Take an Indianapolis couple as an example.
Husband and Wife operate an investment company together.
Presumably anticipating Wife filing for divorce the next day, Husband and his reported girlfriend, board his private plane, bound for Florida. This is captured on airport video surveillance.
Then law enforcement enters Husband’s and Wife’s home, seizing computers and money, and freezing the married couple’s assets. Husband allegedly has defrauded customers out of millions of their dollars.
Husband returns to Indiana. Then Husband boards his private plane again, once more bound for Florida and, reportedly, his girlfriend.
But Husband signals distress and bails out of the plane before landing. It seems Husband wants authorities - and Wife - to give him up for dead.
But instead Husband is found - and is now in jail, on Federal charges - with state charges to follow.
It is unclear whether Wife ever participated in Husband’s alleged fraud.
What is the marital property? Marital debts? How shall they be divided between the Husband and Wife?
Gets pretty complicated indeed ….
Read more in this MSNBC / WTHR TV article: Video shows Schrenker preparing for flight.
Husband and Wife split up. Battle over custody of their 2 year old Daughter ensues.
Husband is awarded temporary primary residential custody of Daughter.
Husband’s 91 year old Grandmother owns a house.
Wife and Wife’s mother are in Grandmother’s house when Husband arrives to check on Grandmother.
Wife’s mother clubs Husband on the head with a baton, and Wife brandishes a gun at him.
Wife informs Husband that she is taking custody of their daughter. Wife shoots Husband with a stun gun.
Police find Grandmother’s body in a trash bin in the garage at the house.
Possibly the only one not physically injured at the house is Daughter. She is taken into child protective custody.
Wife, Wife’s mother and Wife’s mother’s husband (found in a nearby car) are all arrested on suspicion of murder, attempted murder and conspiracy.
Read more in this San Francisco Chronicle article: 3 suspects arrested in slaying of woman, 91.
| Listen to Janet |
See if the nonprofit Association against Hidden Family Abuse, Inc. can help you or someone you care about.