General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
Minnesota judge goes through divorce. By the end, he owes his attorneys over $100,000.
Judge reportedly begins appointing attorney with his divorce law firm to mediate cases on his docket. Nineteen to be precise.
The judge had never appointed this attorney to mediate cases on his docket before his own divorce case. The lawyer reportedly was not qualified for one of the appointments.
The law firm cuts the judge’s divorce legal fees bill by $64,000. There are reportedly e-mails in which the judge proposes a discount for payment in a lump sum.
The judge also allegedly writes “[t]here is also a very substantial past, and future, benefit to you from significant business referrals we have made, in excess of the compromise we are asking for.” The appointed lawyer, indicating she is entertaining the proposal, replies “I certainly appreciate the mediation referrals you have sent my way and hope you continue to do so.”
The judge’s ex-wife reports the judge to the Minnesota Board on Judicial Standards. The judge maintains that he did not make the appointments in exchange for the writedown.
He insists that the referrals of which he wrote were to friends going through divorces. Local law enforcement declines to prosecute the judge. No action has been taken against the attorney receiving the mediation appointments.
A hearing will be held to determine whether the judge engaged in conduct which warrants judicial discipline.
Read more in this [Minneapolis] Pioneer Press article: Dakota County / Judge denies divorce fee deal and this Rochester [MN] Post-Bulletin article: State board: Goodhue judge finagled discount on his divorce.
Georgia Husband and Wife prepare for second marriage each.
They make a prenuptial agreement. Wife waives claims to alimony, the marital home and other assets in the agreement.
Fast forward several years.
Divorce case begins. The Court awards temporary alimony to Wife and shared temporary possession of the marital home to both.
Although there is no prior history of violence in the marriage, the Court also orders Husband to turn his guns over to his father during the case. Perhaps an omen of things to come.
Next, the Court voids the prenuptial agreement. Husband not happy.
Finally, the Court orders mediation, a process by which spouses meet with a neutral third party in an effort to come to a settlement agreement.
Husband and Wife went to mediation one morning. They did not settle their case though.
The Husband called in to his job that he wouldn’t be at work that evening.
Just hours after the mediation, the Husband beat Wife to death with an aluminum baseball bat.
Afterwards, he fatally shot himself with a gun.
Husband reportedly confessed to Wife’s attorney and his own work supervisor.
No one anticipated this eruption of domestic violence - except perhaps the judge who ordered Husband’s guns removed from the home.
Among other things, this case demonstrates the potential danger of husband and wife living together in the marital home during a divorce.
If it is necessary, a Florida court (and courts in other states as well) can order that one of the spouses temporarily move out of the marital home until the end of the case.
Read more in this Athens [GA] Banner-Herald article: Couple’s legal fight ends in their deaths
An attorney who concentrates on representing only men offers the following mistakes that men make in divorce. Truth is, women can and do make the same mistakes.
They are not (generally) legal mistakes per se, but rather tactical mistakes that both men and women usually come to regret - in time.
Read more in this Askmen.com article: Top 10: Mistakes Men Make In Divorce.
A Canadian Wife recently challenged her divorce attorney’s invoice in Canadian court.
That’s a pretty extraordinary thing to do. And, not surprisingly, she wasn’t successful in it.
After a thorough review of the record, which took more than 10 days, the British Columbia Court of Appeal found the attorney’s invoice was reasonable under all of the circumstances of the case.
The divorce was between a wealthy couple who had accumulated an approximately $12 million fortune over approximately 42 years of marriage.
The couple were pretty litigious and chose to litigate just about any issue that could be litigated - both at trial and all the way through appeal.
Family businesses, real estate, art, jewelry, inheritance, airline points, etc., you name it, they litigated it.
This couple was in court for nearly a month of days, spread out over a three and a half month period.
The Wife was awarded well over half (64%, to be precise) of the family’s remaining fortune, approximately $6 million.
The Wife chose a commercial litigator as her lead counsel, rather than a divorce lawyer. As a result, a divorce lawyer had to be consulted as well.
All told, the case took about 2,500 lawyer-hours of effort on behalf of the Wife.
The total fees and costs billed to the Wife: over $1 million.
Read more in this Toronto Globe and Mail article: B.C. court upholds $1-million legal bill for complex divorce.
California Husband wanted a divorce. A special kind of divorce.
Outside the courts …
He did not want to divide the marital assets with Wife. Or to pay her alimony.
He wanted everything for himself. But he had put everything in Wife’s name.
Husband’s solution to his dilemma?
He abducted Wife, drugged her and tortured her for five days.
Until she managed to escape.
At which point he was arrested and charged with kidnapping and kidnapping for ransom, grand theft of personal property, making a criminal threat and corporal injury to a spouse.
The Husband’s accomplice has not been taken into custody yet.
Now Husband is in jail with his bail set at $10 million …
Read more in this [LA] Daily Breeze article: Hawthorne man accused of torturing his wife; second suspect remains at large.
A spouse wants to be able to spend money without having to account to or justify the expenditure to the other spouse.
How to accomplish it?
Either hidden savings or hidden credit cards.
According to surveys, anywhere from 40% to over 80% of couples have money secrets from each other or lie to each other about spending and/or credit.
According to financial counselors, concealing these financial misdeeds can place a strain on the offender and the marriage.
Sometimes it even drives a spouse to drinking or drugs.
“Financial infidelity” is most often discovered by accident.
According to a survey, 9% of couples felt this misconduct was “grounds” for divorce and 55% agreed it was a “major violation” of the marriage contract.
But in a no-fault state such as Florida, none of that really matters. What does matter is how that misconduct may end up haunting the unwitting spouse.
Some spouses may want to act to take steps to protect themselves from the other spouse’s debt, whether it is debt run up on a joint credit account on which a creditor may collect from either spouse, or marital debt that may have to be answered for in family court.
The easy ounce of prevention: frequent credit reports on the other spouse.
Read more in this CreditCards.com article: Hiding credit card debt - Secret credit cards and hidden debt exact high toll on couples.
There’s a lot more to divorce than the legal aspects of it, of course. For the other aspects, there are a lot of books out there.
By women. For women.
So one Connecticut man decided it was time for a book by a man - for men. And so he took a stab at writing that book.
The author endeavors to prepare and advise men on successfully coping with the entire divorce process, all told from the male perspective.
Interestingly, the author reportedly describes the divorce as a contract to end a marriage. Perhaps a reference to a marital settlement agreement?
Catering to men, the book is presented as a how-to manual that is about a two hour read.
For just two hours’ investment of time, it might be a valuable read for women too - for insight into their spouses and their cases.
Read more in this Hartford [CT] Courant review: Divorced man uses own experiences to help other men.
Thirty-five year old Indian house-painter has affair with teen-aged girl. He decides to marry her.
Problem: He is already married to a woman of his own age.
Wife leaves Husband due to affair, returning to her parents’ home.
Husband asks for divorce and presents divorce papers to Wife to sign. Wife refuses.
Husband consults attorney.
Husband again demands that Wife sign divorce papers. Wife again refuses.
This time Husband does not take “no” for an answer.
Husband produces a knife and stabs Wife twice. To her death.
Indian police arrest Husband and take his knife into evidence.
Husband’s remarriage to teenager seems less likely now.
Read more in this Times of India article: Man kills wife for refusing to sign divorce papers.
India has a small but thriving industry. Surrogate mothering.
For poor, uneducated Indian women, being a surrogate is a way to earn the equivalent of $4 or $5,000.
And then the biological parents adopt the child.
But sometimes, things go wrong.
For example, a Japanese couple hired an Indian surrogate mother to carry their baby to term.
But before the baby was born, the couple divorced.
Now the biological mother no longer wants the baby. And the surrogate doesn’t want the baby.
The biological father does but, under Indian law, a single father cannot adopt.
So now the eleven (11) day old baby remains in the hospital, under the care of the biological father’s mother.
Awaiting someone who can take legal custody of her.
Read more in this Canadian Press article: Surrogate child custody case in limbo in India after Japanese parents divorce.
Elderly couple married twenty years.
Wife files for divorce.
Wife obtains restraining order against 75 year old Husband.
Case drags on.
Husband unhappy.
Husband sets Wife’s house on fire, starting it in the attached garage.
Husband posts sign on the fence blaming “family court” for the fire.
Husband then sets Wife’s adult daughter’s house on fire, also starting it in the garage there.
Then Husband shoots himself in the head with a nail gun.
Wife and stepdaughter survive.
Husband survives.
Husband charged with attempted murder and arson.
Seventy-five year old Husband faces life sentence.
Read more in this San Diego Union Tribune article: Man who went on rampage over pending divorce to stand trial.
Work your fingers to the bone supporting the family while your spouse goes to school to eventually bring more bacon home to the family.
… Then get dumped when your spouse finally receives his or her sheepskin.
It’s a classic drama that plays out over and over again.
The exploited spouse views that degree as a commodity that he or she in essence bought for their spouse.
But is the degree itself property that has an intrinsic value that can be divvied up on the marital balance sheet?
Most states say no, Utah and Florida among them.
What about the understanding of the expected quid pro quo between the spouses?
Well, this varies from state to state, but it’s best not to expect too much based on an implied understanding or even a verbal agreement.
As in other areas of life, there is just no substitute for a solid written contract reflecting the expectations of both parties.
In Utah, a divorcing wife recently went outside of her husband’s divorce case to file a separate civil lawsuit for breach of contract and unjust enrichment.
While some have criticized taking this dispute outside the family court, the Utah Court of Appeals held that the wife could press her civil suit but that she would have to prove a written contract.
Not surprisingly, the couple never hired attorneys to draw up a formal legal contract. But there reportedly were a series of e-mails back and forth that may be deemed to constitute a contract.
Of course, even where there is no written contract and the degree per se may not be divisible, there may be more than one way for the exploited spouse to skin the cat. For example, the professional practice founded upon the degree may have a value that can be divided. Or the degreed spouse’s income may be split up, with a portion going to alimony. Or the exploited spouse may at least be reimbursed for the money spent on tuition to obtain that degree.
Read more in this Salt Lake City Deseret News article: Little redress available for ’support’ spouses.
The war in Iraq has been putting a strain on soldiers’ marriages.
Over fifteen percent of all soldiers in Iraq plan to divorce their spouses. The rates are dramatically higher among those on subsequent deployments, in proportion to their number of deployments and the length of their tours of duty.
Impending departures, deployment after deployment. Rushed visits home squeezed in between them.
Widespread post traumatic stress disorder. One soldier confesses that his wife and family have told him that he is “not as loving” since his return from the Iraq war.
Domestic violence in the military appears to be up - and incorporates techniques learned in military training. Incidents mar visits home and departures back to war, some escalating to killings.
The military sponsors various support groups and classes. But it just isn’t enough to meet the need.
Even children of deployed soldiers are at ever-increasing risk of abuse or neglect with each successive deployment of a parent.
Read more in this Fort Mill [SC] Times article: As wars lengthen, toll on military families mounts.
Japan may be a modern country technologically. But not legally, according to reports.
In approximately 80% of divorce and paternity cases in Japan, the father loses all parental rights, excluding the “right” to pay child support. In the remainder of cases, it is the mother who is stripped of her parental rights.
Visitation? That’s not a concept that is part of Japanese family law.
When parents break up, the “other parent” fades out of their children’s lives. Another family member may even adopt their children without their consent.
How does a parent win custody in Japan?
One alleged way to get a leg up on a custody award in Japan is to abscond with the child, even across international boundaries.
Statistics suggest that some 10,000 children in Japan have no access to their foreign parent.
Japan is a not yet a signatory to the Hague Convention on the Civil Aspects of International Child Abduction.
Although there are rumors that it will adopt the convention in a couple of more years, one has to wonder whether it will really matter.
Japanese family law is in need of a paradigm shift. Without that, change may be a pipe dream.
Japan did sign the Convention of New York, the purpose of which was to assure children access to both parents. It didn’t.
Family law activists in Japan are lobbying for a long overdue overhaul of the Japanese family law.
Read more in this Singapore Straits Times article: Over 160,000 Japanese children split from one parents every year.
A wealthy British advertising executive and publisher, husband and father, divorced his wife.
And, according to him, the rumors started. He abandoned them, leaving them with nothing, and so on.
Rightly or wrongly, he believes he has been maligned, criticized, scorned … speculated about.
Yet he believes the settlement was generous, and resents the whispers behind his back.
So, while most wealthy folks going through divorces are more likely to be looking to seal their court files from public scrutiny, this man decided to strike back in a very public way.
He launched a website intended to set the record straight about his divorce.
On the site, he purports to disclose the terms of his divorce settlement.
He hopes it will quell the wild rumors.
Time will tell.
Read more in this UK Independent article: Businessman puts divorce deal on web to stop ‘rumour mill’ and this [India] Economic Times article: Millionaire posts divorce details on net to stop rumours.
Your divorce is finally final. Now you can move on with your life.
Maybe you’d like to start over with a new condo or house. You find the perfect place.
You begin working with a mortgage broker. In the course of your chit-chat, you mention you were just divorced.
Don’t be surprised when your mortgage broker asks you for a copy of your … final judgment of dissolution (also known as divorce decree).
How come?
Read more in this WalletPop article: Mortgage Confidential: Why lenders want to see your divorce decree.
Couples with at least $10 million in assets are flocking to divorce courts this year.
The reason? They are feeling the pinch of the credit crunch and generally weak economy.
In New York State, the situation has fueled the biggest spike in divorce filings in nearly thirty years. The last such spike resulted from the introduction of additional grounds into New York’s fault-based divorce scheme.
Folks in NYC’s sometimes high-flying financial sector have gone from multimillion dollar bonuses to … no bonuses at all this year. Life changing.
And marriage changing - challenging.
No longer flush with cash for the distraction of grandiose entertainment, wealthy couples are reduced to … fighting.
Marriages of the wealthy reportedly are not so much inspired by romance as those of other economic statuses. So, when the applicable inspiration diminishes, it’s off to divorce court - in droves.
So anyone seeking a divorce now should find themselves in really good company …
Read more in this [UK] Times article: Credit crunch raises divorce rate for America’s superwealthy.
They probably had to commit perjury to get their divorce.
Their marriage isn’t irretrievably broken. They don’t have irreconcilable differences.
But they probably had to swear that one or the other applies. Because they desperately need a divorce.
The Husband has cancer and doesn’t have private medical insurance coverage.
They couldn’t afford it at $900 per month. Now they couldn’t get it at any price.
They tried for Medicaid insurance coverage, furnished to the indigent at government expense.
But, although they were too poor for private medical insurance, they were too rich for publicly subsidized medical insurance.
He had to move out of their family home. He had to stop working, except a few hours per week to cover the barest of necessities.
He wasted (technically, spent down, as required) his meager assets.
And only then, as an indigent single man, could he finally qualify for Medicaid insurance coverage in Indiana - and obtain the treatment for cancer that he needed to live.
To qualify for Medicaid in Indiana, a couple must live on less than $1,000 per month after medical expenses.
By the time Husband qualified, he had already incurred about $40,000 in medical debt. So he’ll probably have to file for bankruptcy anyway when he gets well.
Strategic divorce serves two critical purposes:
State laws often permit Medicaid eventually to recoup its expenses from the estate of the spouse who didn’t need care, as well as from the estate of the spouse who did receive care.
There reportedly are more and more people like this couple.
Read more in this Ft. Wayne [IN] Journal Gazette article: Couple divorce to afford cancer treatment.
A Malaysian woman filed for divorce.
Problem: No record of her marriage. Case dismissed.
Modified statement of problem: Marriage certificate potentially invalid on grounds of fraud.
The woman’s attorney said these contentions were formalities and that she will refile.
Why does the woman want a divorce? Her politician husband wants to marry an additional wife.
Read more in this WalesOnline article: Woman’s divorce put on hold until she marries.
Local Boca Raton area couple divorced in 2001.
As part of an agreement between them, Husband paid Wife an extra $1.5 million on the condition that she not fight him for custody of their children. There were also provisions to block Wife from fleeing the jurisdiction with their children.
If Wife later challenged any part of the settlement agreement, the agreement required her to refund the $1.5 million paid to her.
Wife sheltered her settlement money offshore.
In 2003, Wife accused Husband of violating their agreement - and sought a modification of the settlement.
The Court ruled that her sought-after modification was a challenge to the settlement agreement, and ordered the Wife to refund the $1.5 million. The Court subsequently held her in contempt.
Warrants were issued for Wife’s arrest. And then Wife went on the run.
For two years. But Wife finally turned herself in early this year.
And served five months in confinement. Before agreeing to refund $1 million into a trust fund for the couple’s kids.
As part of this latest settlement agreement, Wife agreed not to contact their younger kids except by mail or e-mail, or to see their older minor child except under supervision - if the child gives written permission for any visitation. Wife also agreed not to live in the same town as the children - or any neighboring towns either.
And if Wife violates this settlement agreement, the agreement entitles Husband to recover not only the $1 million but also additional monies that he claims she owes him for her previous violations.
This case went up to the Florida Supreme Court while Wife was a fugitive. Three of the justices actually questioned the legality of the original settlement agreement, at least as to custody. But the majority of justices refused to entertain that position of the Wife while the Wife was on the run.
Read more in this Palm Beach Post article: Jailed mom let go, will return some divorce money.
Oklahoma couple gets a divorce. Then divorce is, uh, canceled.
It was an uncontested divorce. That means the parties had agreed on everything.
Those are typically informal affairs, hurried along before the presiding judge.
In this instance, only one party, with counsel, appeared at the hearing, the pronouns contained in the papers misled or confused as to gender, and no one mentioned to the judge that the couple were lesbians.
Until a reporter called the judge.
Oklahoma law not only prohibits homosexual marriages in the state but also explicitly prohibits recognition of homosexual marriages legally performed elsewhere.
So, once the judge realized what he had done, he voided the divorce he had granted.
The parties actually appealed, but the voiding of the divorce was upheld.
The Oklahoma Supreme Court did however rule that the parties should have been afforded a hearing first - and remanded for that hearing to be held. Although it appears that it was doomed to be an exercise in futility.
Read more in
Georgia couple divorce. Couple had owned real estate held in both names.
The final judgment awarded the Wife permanent possession of the property and she paid the mortgage from that point on. But, for whatever reason, the Court did not address ultimate ownership of the property, and neither did the parties.
Wife lived in the property for many years. But eventually she moved away to care for her elderly mother.
And when she moved, she rented the property out. For money.
At which point the Husband sought half of the rental income.
And the Georgia Supreme Court agreed with the Husband that he was entitled to half of the rental income.
The Court reasoned that the Husband had not waived his right to ask the Court to order a sale of the house (called partition) and division of the proceeds.
It is unclear whether the Georgia Court similarly divided the mortgage payments and maintenance expenses (insurance, taxes, repairs, etc.) of the property.
Read more in this Augusta Chronicle article: Woman must share rent with ex-husband.
Celebrity couple: Wife an actress, Husband an elderly, established theater producer.
According to Wife, Husband threatened to cut her off financially and evict her from her apartment.
Having inadequate resources to combat that until the divorce was final, she videotaped herself airing the couple’s dirty laundry, docudramatizing his alleged threats as well as other intimate matters.
Wife posted video on YouTube, a very popular site for viewing videos. Video earns 4 million “hits”. Practically the entire world sees it.
Husband accuses Wife of spousal abuse, perpetrated by publicizing her videos. Husband apparently cites this “abuse” as the grounds for the divorce. (New York remains a “fault state”.)
Wife defended that she only posted the video to generate income to keep her going until her divorce was final.
And generate income for her it did…
Read more in this [UK] Telegraph article: Tricia Walsh-Smith in court after YouTube rants and this Post Chronicle article: YouTube Sensation Tricia Walsh Smith On Day 1 Of Divorce Court.
Divorce represents one of the occasions in a person’s life when they should give some consideration to life (or estate) planning documents. Admittedly, it may not be your first thought.
But, after one of you files for divorce, do you want your spouse to be the one to make decisions about your medical treatment, or lack of same, if something should happen to you? (Recall that health care surrogate / health care proxy / medical power of attorney you executed years ago.)
And if you should become permanently or temporarily disabled after one of you files for divorce, do you want your spouse to be able to conduct all manner of financial transactions, even with your separate assets? (Recall that durable general power of attorney you executed years ago.)
And, heaven forbid, you die before your divorce is final (which may put an end to your divorce) or right afterwards, do you still want to leave all (or any) of your assets to your current spouse? (Recall that will you executed years ago.)
All of the above should be reviewed and updated as soon as one of you files. But that is far from all.
Although many, many people do not realize it, their will does not control how all of their property passes. Much of people’s property today is non-probate property, which passes in accordance with how the asset is titled or a beneficiary form. Their will has no bearing on it.
Some examples include insurance policies, IRAs, jointly titled assets and trusts.
If your spouse is in debt up to his eyeballs, do you really want your life insurance payable to him or her, if your intention is to provide for your kids? (Recall that beneficiary designation form you executed years ago.)
401(k)s seem to fit into the garden-variety non-probate category of assets too, but be forewarned that federal law kicks in to protect a surviving spouse - unless special paperwork is executed. Although your spouse probably won’t agree to it during the divorce, that paperwork can be made part of a settlement.
And then there are state elective share statutes, also designed to protect a surviving spouse no matter what the deceased spouse’s will says. But again, there is special paperwork that can take your estate out of your spouse’s reach, but your spouse probably won’t agree during the divorce.
So, in appropriate circumstances, when possible, some pre-divorce planning may be desirable.
The above are just a few of the life (or estate) planning matters you should consider when contemplating divorce.
Read more in this Newsweek article: Financial Planning: Wills And Other Ways.
How long does a divorce take? It depends …
Couple marries in 1984. Marriage is a successful partnership of complementary business skills.
Couple prospers. In 1990, Wife in car accident. Husband reportedly drags them down into debt.
Couple separates and, in 1995, files for divorce.
Husband moves to Alabama, never to return to Florida - or its courts. Husband remarries, putting all of his assets into his new wife’s name.
In 2001, Court orders Husband to pay alimony of $6,000 per month plus Wife’s medical insurance. Court also orders property distribution to Wife of $240,000 plus substantial interests in Husband’s businesses and patents. Court also orders Husband to pay Wife’s attorney’s fees.
Husband didn’t comply with court orders, and no income deduction was ever established. Husband was held in civil contempt and indirect criminal contempt and a warrant was issued for his arrest.
All to no avail.
New actions were filed in Alabama, which culminated in court orders awarding Wife considerably less, $162,000. Period.
But Husband paid that amount.
And the attorneys took about half of it and Wife used the balance to pay off marital debt left to her.
Leaving Wife with … nothing.
Although it’s been about 13 years, and the couple has gone through 16 different attorneys and 10 different judges to arrive at that point, Wife hasn’t given up yet.
But her Florida judges have all but flat out told her she is just wasting her time, accumulating more worthless pieces of paper in her court file.
An unsatisfactory outcome, for reasons that are not entirely clear …
Read more in this St. Petersburg Times article: A divorce, unsettled , cited to from the Overlawyered website.
Psychologists believe that birth order of both spouses plays a significant role in the success of a marriage.
The best marriages are believed to be between oldest sisters and youngest brothers. Why?
Because, in a nutshell, oldest sisters are accustomed to being mommies and youngest brothers are accustomed to being babied. Such matches are made in heaven.
On the other hand, firstborn children tend to be dominant. Pairing them up is virtually a recipe for disaster. There will be constant competition and strife, which may eventually lead to divorce.
Similarly, only children are all used to being the center of attention. Again, attempting to mate such competitive spirits in a successful marriage is likely doomed to fail.
While psychologists admit that birth order shouldn’t conclusively decide whether to proceed with a particular union, they suggest that intendeds analyze their respective birth orders and the implications of same before embarking on marriage.
While perhaps lacking in romance, this perspective gives prospective life partners a barometer against which to judge the likelihood that their proposed match will last until death do they part.
Not to mention the dating advice it provides for some: if you want to avoid divorce, psychologists recommend that oldest sisters should set their sights on youngest brothers and youngest brothers should court oldest sisters.
As the song says, “what’s love got to do with it?”
Read more in this San Luis Obispo Tribune article: Birth order can indicate whether your marriage will work out — or not.
Well-off Nebraska couple divorce. Husband ordered to pay substantial alimony ($12,500 per month for 106 months) plus substantial child support ($5,000 per month).
Husband purchased a $1 million life insurance policy for the benefit of his children, although it is not clear whether that was court-ordered. It appears that no other life insurance was ordered by the Court in the divorce.
It is common for courts to order life insurance, where it is obtainable, to secure both child support and alimony obligations.
After the divorce was final, Wife reportedly sought to purchase an additional $1 million life insurance policy on her ex-husband’s life, but Husband refused to submit to a required physical examination. So Wife sought a court order for the additional insurance.
But the Court rejected her claim.
Under Nebraska law, it is illegal to take out a policy on another person’s life without their consent unless the person whose life is insured will own the policy. It is against public policy, because the purchasing beneficiary would have an interest in the insured’s death.
Once the divorce is final, the law applies to ex-spouses the same as to anyone else.
The Court failed to order insurance to secure the alimony obligation at the time of the divorce because it presumably felt that Wife had adequate resources to carry on in the event of Husband’s death. After all, her net worth is reportedly over $4 million.
Read more in this Omaha World-Herald article: Nebraska court says no life insurance policy for ex-wife.
In Yemen, the minimum lawful age to marry at is 15 years old - and more than half of all girls are married before they turn 18 years old. Tribal customs often permit marriage earlier than the minimum legal age.
A Yemeni couple with sixteen children opted to marry their daughter off at just 10 years old. To a thirty-something year old man.
They stated that they thought it was best for her to allow her husband to raise her.
The man allegedly beat her and forced himself on her. When her parents would do nothing for her, her aunt reportedly sent her bus money so she could travel to court to pursue a divorce.
Although a judge arranged for the little girl’s father and husband to be arrested, both ultimately were set free. Yemeni law has no concept of sexual abuse in the context of a marriage.
The little girl’s husband demanded payment to agree to the divorce. An attorney at the courthouse donated the money.
The little girl was granted her divorce - and the judge placed the child in the care of her uncle.
A human rights lawyer at the courthouse championed the girl’s cause, and the little girl now aspires to pursue her education and eventually become a lawyer.
The case has sparked debate in Yemen but, as of yet, no change in the laws or customs.
It is unknown whether Yemen has a child welfare agency or child welfare laws.
Read more in this Sydney Morning Herald article: Ten-year-old granted divorce from abusive marriage.
American Indian father and non-Indian mother living on an Indian reservation seek a divorce.
Wife files first in the non-Indian state court of South Dakota. The next day, the Husband files in the American Indian tribal court.
Which court has jurisdiction, the Indian tribal court or the South Dakota state court?
To make things interesting, the American Indian tribal court may well have jurisdiction over some or all aspects of custody of the children, who are part American Indian.
Well, the South Dakota Supreme Court just ruled that the non-Indian state court can hear the divorce case.
Interestingly, the Court also ruled that the trial court must make written findings of fact and law before transferring certain child custody matters to the Indian tribal court.
And, by the way, the Court’s ruling may have gone differently if the Husband had filed first in the Indian tribal court.
Read more in this [Bismarck, SD] KX TV news article: Ruling says state court can handle divorce of Indian man….
A Washington state woman is undoubtedly the envy of many spouses contemplating divorce.
Her husband simply up and disappeared one day - about four months ago.
In some instances, the disappearance might eliminate the need for a divorce entirely. Instead, the missing spouse could eventually be declared dead.
But, for whatever reason, this woman apparently couldn’t wait anywhere near that long.
She reportedly already filed for divorce, weeks ago. The grounds she relied upon were her husband’s alleged willful abandonment.
Interestingly, in her court papers, the woman alleges that she was a victim of domestic violence by her husband and requests that any visitation with their children be supervised.
She also sought a court award of all of the couple’s property and asked the court to distribute all of their debt to him. Good deal.
Police have tentatively concluded that the man’s disappearance was not suspicious.
Rather, they believe that he simply chose to disappear and start his life over.
Read more in this Seattle Times article: Wife of missing man files for divorce.
An elderly Australian businessman may harbor some regrets about allegedly defrauding the Family Court and concealing or misrepresenting assets.
The man reportedly characterized himself in court papers as a “supervisor” who earns $30,000. According to his much younger wife, he commands a $100 million fortune.
It is said that he kept mum about the $630,000 car he drives.
He also reportedly transferred $1.5 million in defiance of a court order.
Even worse, perhaps, the man allegedly ordered the destruction of financial records and conspired to transfer $30 million outside the Court’s jurisdiction.
For his misdeeds, the Court held him in contempt - and sentenced him to several months of confinement.
It is anticipated that the portion of the trial dedicated to dividing assets will take six weeks!
The couple’s combined legal fees are estimated to run between $1.5 million and $2 million.
If the man pays his wife just $133,000 toward her legal fees quickly, however, the Court will reduce his sentence to only three months.
Sounds like a real deal he should jump at.
Read more in this Sydney Morning Herald article: Divorce ends in slammer.
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