To Get a Divorce in China, Timing Can Be Critical

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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Chinese Man Unhappy with Property Division in His Divorce Three Years Ago Shoots Judges and Court Personnel at Chinese Courthouse

Chinese Husband and Wife divorce.

Husband, a security guard, is still angry over the Chinese court’s division of property in the divorce.

Now, three years later, Husband goes back to the courthouse, armed with weapons obtained through his work.

Husband shoots everyone who crosses his path.

The chief judge, a deputy judge and a court clerk are all killed.

Three other courthouse personnel are wounded.

Then Husband takes his own life.

The story is squelched from Chinese media fairly quickly.

But not before public commenters have the opportunity to express sympathy for the shooter.

The legal system in China is reportedly not popular with the public.

Read more in this New York Times article: Bank Guard Kills 3 at Chinese Courthouse

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A Financial Advisor Offers Tips for Planning Your Financial Life

A financial advisor offers some comprehensive life planning advice that is also well worth reading for anyone contemplatling divorce.

Acting upon this advice, especially having a premarital agreement based upon discussions inspired by it, could save substantial money and hostility in the event of a divorce.

Things to discuss and decide together:

  1. who will be responsible for which debts and liabilities?
  2. remember, even after the wedding, while there’s marital harmony, it’s never too late to come up with a postnuptial agreement, if desired
  3. who will be the primary caregiver for the children?
  4. will the primary caregiver take time off work? how long?
  5. how will any needed daycare be paid for and chosen?
  6. how will healthcare for mother and baby be paid for?
  7. how much savings does the family need in case of emergency?
  8. how will life insurance on the primary breadwinner be paid for?
  9. how will the children’s college be paid for? when will you start saving for it?
  10. do you need living trusts, medical powers of attorney, wills, etc?
  11. will the person handling your final affairs be able to locate and access your safe deposit box and identify your accountant, financial planner, insurance agent, attorney, etc?

Divorce specific:

  1. how should property be divided, so that each spouse receives sufficient liquid assets as well as not so liquid assets?
  2. how can you give the children stability and continuity after divorce?
  3. who will take care of the children most of the time? when will the other parent see the children?
  4. how will the children be supported financially?
  5. should retirement accounts, trusts, wills, etc. be updated to protect the children and reflect the change in marital status?

Read more in this Sacramento KCRA-TV 3 news article: Paying For Life: Marriage.

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US Supreme Court: Chilean Court Order Barring Removal of American Child From Chile Confers Right of Custody Under Hague Convention on Civil Aspects of International Child Abduction

American Mother and British Father live with their Child, a US citizen, in Chile.

A Chilean family court awards Mother custody of Child in divorce.

The Chilean court also enters a ne exeat order barring Mother from removing Child from the nation of Chile without Father’s consent.

Without Father’s permission, Mother leaves with Child for Texas.

Father files in the US for return of Child to Chile under the Hague Convention on the Civil Aspects of International Child Abduction.

The federal trial court denies Father’s application, holding that the travel restriction does not confer custodial rights on Father which would afford him standing to file under the Hague Convention. Same result at the intermediate federal appellate court.

Father files for review by the US Supreme Court.

And the High Court holds that the ne exeat order does in fact confer a right of custody as that term is used in the Hague Convention, and that the ban on removal of the Child from Chile may be enforced under the Hague Convention by an application for return of the Child.

The Court did not rule on Child’s return, however, remanding for further findings of fact with regard to applicability of certain exceptions to return specified under the Hague Convention.

Read more in this UK Family Law Week article: US Supreme Court decides that ne exeat rights are ‘rights of custody’ and this National Law Journal article: International Abduction Treaty Trumps Parental Rights, Says U.S. Supreme Court.

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Chexting Backlash

The newest risky behavior of late has introduced a new term into our language: c-h-e-x-t-i-n-g.

“Cheating” via text message.

It has been practiced by several regretful celebrities … and many regular folks.

And like other technological wonders, it leaves both a visible and a hidden, but recoverable, electronic trail.

Which means that chexts may find their way into evidence in family court trials.

And inspire a lot of spying on significant others’ cell phones.

Read more in this Reuters article: Perils of “chexting” hit spotlight.

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Women Owe It To Themselves to Get Acquainted With Family Assets and Finances Before Divorce Strikes

When the marriage hits the rocks, the wife is far more likely to be in the dark about the couple’s assets and income than the husband is.

Too often, the wife is inclined to settle quickly for what their husband will agree to give them in order to be done with the divorce quickly.

But they may later come to regret that.

A more prudent course is for women to acquaint themselves with their marital finances and collect copies of financial records before the divorce is upon them.

That can save a lot of time and money, and goes a long way toward ensuring a fair division of property.

In cases where there are sufficient assets and income in issue, the wife should have an accountant and a financial advisor on her divorce team with her lawyer.

In some cases, if necessary, it may also be worthwhile to borrow money if the Wife does not have sufficient liquid assts to meet her short-term living expenses and case expenses.

Read more in this Tulsa [OK] World article: Women often financially blind when divorcing.

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Twelve Year Old Florida Girl Arrested for Aggressively Resisting Her Father’s Forcible Exercise of Timesharing

From Northwestern Florida:

Mother and Father live separately. Their twelve year old Daughter lives with Mother most of the time.

Daughter and Father are in the middle of an argument on the phone over Father exercising timesharing.

Father arrives at Daughter’s home to exercise his timesharing. Daughter locks herself in a bathroom, to avoid timesharing with Father.

Father gains access to bathroom. Father picks Daughter up to remove her from the bathroom against her will.

Daughter begins to punch, kick and bite Father, drawing blood.

Daughter is arrested on battery charges.

Is something wrong with this picture?

Read more in this disturbing Northwestern Florida Daily News article: 12-year-old punches, kicks father.

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The Number of Golden Divorces is Increasing as the Number of Golden Anniversaries Shrinks

Golden years divorce. It’s happening more and more.

For example, a high profile political couple just announced their impending divorce … after forty years of marriage.

And they’re not alone. Their peers represent the most rapidly growing population of divorcing couples.

Wives in that age range are more likely than not to be the instigators of their divorces. Aging divorcers are looking for freedom and control of their lives.

Most of this age group who seek new partners, find them. And, as a group, they don’t look backward.

Contributing factors include greater social acceptance of divorce, longer lifespans, greater wealth and greater emphasis on self-fulfillment.

Read more in this New York Times editorial: The 40-Year Itch and this collection of articles: Divorce: It’s Not Always About You.

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A Ring for Every Occasion

Engagement ring. Wedding ring…

Divorce ring.

A new design – and social – concept.

Sometimes made from a wedding ring.

Why not?

A way of salvaging a beloved piece of jewelry.

A declaration of survival of divorce – and enduring family ties.

Often depicted by a gap in the ring’s circumference.

In these changing times, there are also rings for single people.

Signaling to the world that their wearers are happily, confidently single.

Interestingly, these message-conveying rings have led to more than a few dates with new acquaintances.

And, with the acceptance that relationships don’t last forever, there has emerged a marketplace for buying used engagement and wedding rings.

And specialty jewelry boxes to store the symbols of relationships that have gone by the boards.

So, there’s a ring (or jewelry box) for every occasion now.

Read more in this New York Times article: With This Ring, I Thee What?.

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Collaborative Divorce: A Chicago Judge Hasn’t Seen One Go Through Yet

Collaborative divorce originated in the 1980s.

But it’s really come into vogue among divorce professionals over the last decade. Many involved divorce professionals enthuse about it.

An Illinois judge favors collaborative practice, but is disappointed that it hasn’t caught on in a bigger way. In fact, she has yet to see a single collaborative law divorce actually go through in her corner of the legal system.

And therein may lie the rub.

No matter how much divorce professionals embrace collaborative divorce, it’s had mixed reviews among clients.

For example, a doctor and his wife opted for a collaborative divorce. However, they eventually gave up on it.

But only after they ran up a large legal bill, with nothing to show for it. The doctor is now suing his collaborative attorneys.

The doctor’s civil litigation attorney characterizes collaborative practice as the “trend of the week”, discounting the need for a rigid, labeled process to amicably settle a divorce case.

He also hits the nail on the head with the observation that “[i]t takes two people to make it work and one to make it not work.”

Whether it’s collaboration, mediation, or any of the other flavors of the month of wanna-be amicable divorces.

Another couple wasted a year (and $35,000) before starting over from scratch with a traditional divorce with new attorneys. The husband there also felt that the collaborative professionals pursued unnecessary meetings, which drove up the bill. With no results.

One practitioner who has used the process in her own divorce from her husband suggests that the couple must basically trust one another for collaboration to work.

That may be the real Achille’s heel of collaborative divorce.

Read more in this Crain’s Chicago Business article: Collaborative law aims for a kinder divorce; how’s that working out?.

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