New York State Legalizes Gay Marriage; Gay Divorce On the Horizon

New York state has just legalized marriage for gay couples, effective thirty days from now. This new law makes New York the sixth state and the largest state to recognize gay marriage.

Passage of the law in New York is anticipated to be a catalyst for a sea change for gay marriage in the US. With New York’s large, influential and mobile population, married gay couples will soon travel and relocate into other states and challenge their attitudes and law regarding gay marriage.

Academics and others look forward to the prospect of now being able to obtain adequate statistical samplings from which to draw conclusions about the economic impact of gay marrage on society, such as on employment benefits, including retirement and the wedding and hospitality industries.

And, with the advent of gay marriage in New York, gay divorce cannot help but be far behind.

Additional economic data to be watched will be the impact of gay marriage on divorce rates among the general population, as well as the gay population, and the impact on professionals who deliver services related to breakups and divorces, from lawyers, to marriage counselors, to divorce coaches, to domestic violence counselors, etc.

Read more in this New York Times article: New York Allows Same-Sex Marriage, Becoming Largest State to Pass Law and this Reuters news article: National impact from New York marriage law: experts.

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Mistakes to Avoid in a Prenup, or Prenuptial Agreement

Whether it’s the economy or other forces at work, prenuptial agreements, or prenups, continue to gain popularity. While it used to typically be the husband-to-be who requested a prenup, these days it is slightly more likely to be the wife-to-be seeking it.

Prenups are no longer just about protecting assets. In this age of runaway debt, they are also about protecting one spouse from the other’s debt.

Some common mistakes to avoid are:

  • Getting it done with only one attorney and thinking that that attorney represents both fiances. One attorney cannot represent the interests of both intendeds.

  • Not knowing the property division law in the state in question.

  • Not knowing how to enter a calm and clear-headed discussion about the issues with the other future spouse.

  • Not carefully reviewing the agreement and not taking its words at face value. The less-endowed partner should be wary of provisions intended to regulate behavior … or deny the existence of any marital property that the less endowed spouse would leave the marriage with.

  • Giving up too much without adequate consideration of long term consequences. For example, how would a stay at home caregiver and homemaker for many years support themself in the event of divorce if they waive alimony in the agreement?

Read more in this Reuters Wealth piece- Prenup: 5 ways to protect your assets and your marriage.

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Husband Outrages Adult Child By Asserting Claims Regarding Child’s Earnings and College Scholarship in Divorce

Mississippi Husband and Wife have a Child who recently graduated from high school.

Child now works, either full-time, perhaps on a summer job, or part-time.

Husband is a dentist.

Husband allegedly takes all money received from relatives for Child over the years, for birthdays, graduations and the like.

Couple files for divorce.

In the divorce, Husband subpoenas Child’s employment records regarding her salary information.

Husband and Wife are paying for Child’s college education. Child earns a $1,000 scholarship – and Husband demands “his share” of same.

Child objects.

Child is shocked and appalled by Husband’s attitude.

Demonstrating Child’s inexperience with divorce.

Having said that, divorce is governed by state law and may vary from state to state.

Where the parents have an obligation to support a child in Florida, the child’s independent income, be it salary or a scholarship, is a legitimate consideration in determining child support awards under Florida child support law.

But, in Florida, child support obligations end when a Child turns eighteen and has completed high school.

As many people discover when they first become involved with the legal system, the law is often totally unrelated to what many may consider “right” or “moral”.

And all that matters in family court (or any court) is the law.

Read more in this [South Mississippi] Sun Herald column: Misguided parent shows his vindictive side.

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Disorderly Conduct Charges Against Noted Geek Husband and Physician Wife, Stemming from Alleged Domestic Abuse, Dismissed With Mutual Consent

Connecticut Husband and Wife’s marriage is breaking up.

Husband is a geek, I mean technology columnist for none other than the erudite New York Times and correspondent for CBS News.

Wife was a plastic surgeon.

Recently, Husband was exercising visitation and timesharing with their three Children.

Wife came to the scene during Husband’s timesharing.

And the two professionals reportedly “got into it”.

Wife allegedly bit Husband on the arm.

And Husband allegedly struck Wife on the head with … her iPhone.

Both spouses were arrested on misdemeanor disorderly conduct charges.

Demonstrating yet again that domestic abuse encroaches into all professional, economic and social circles.

At their second appearance in court, however, the charges against both spouses were dismissed.

Read more in this Stamford [CT]Advocate news article: Charges dismissed against New York Times tech writer David Pogue and wife and this Westport [CT] Times news article: Charges dismissed against NY Times tech writer David Pogue and wife.

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Divorcing Husband and Wife Arrested for Plotting to Fake Husband’s Death in Hopes of Wife Regaining Custody of Their Children from Protective Custody and Husband Starting a New Life After a Sex Change Surgery

Oklahoma Husband and Wife are divorcing.

Husband and Wife have Children together.

Children are removed and taken into protective custody because Husband uses a “sex toy” in the presence of one of their Children.

Wife drops Husband off at a lake for a fishing trip.

After Husband’s scheduled return, Wife allegedly files a report with the police to the effect that Husband has gone missing.

Due to changes in Wife’s account, police arrest her.

Wife later reportedly admits that Husband solicited her assistance in staging his death.

Husband is said to have been looking to avoid outstanding warrants for his arrest. And to start a new life after a sex change surgery.

Wife reportedly went along with Husband’s plan to be done with Husband and in the hope of re-gaining custody of Children.

Both Husband and Wife now stand charged with conspiracy to commit a crime by filing a false police report.

Read more in this Oklahoman news article: Divorcing Stillwater couple accused of trying to fake man’s death.

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And Another Multi-Millionaire Finds Himself in Bankruptcy Just in Time for Divorce …

New Zealand Husband and Wife’s marriage hits the rocks.

Husband is – or at least was – quite wealthy. In 2006, Husband disclosed to a potential creditor assets worth $28 million and an annual income of $1 million.

According to Wife, Husband owns about 135 businesses and numerous properties and trusts.

Wife, on the other hand, appears to be on public assistance due to Husband allegedly withholding reasonable support.

In response, Husband claims to be bankrupted by $180 million in debt and contends that the couple’s debt exceeds their assets.

The New Zealand Family Court freezes Husband’s bank accounts and stocks.

Wife asserts that Husband’s life style has been constant since before the divorce, although he may have created an appearance on paper of hardship.

The New Zealand Family Court appears to be stuck in the middle, persuaded of the reality of Husband’s enormous legal debt load.

The couple separated in 2007 and their case was filed in or before 2008. But there does not appear to be an end in sight.

Read more in this New Zealand Stuff news article: Bankrupt keeps life of luxury says wife.

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In Canada, No Father’s Day Celebration for Many Divorced Fathers

Today was Father’s Day.

While many fathers celebrate their day with their children, some fathers don’t get to see their children at all on Father’s Day.

In Canada, it appears that parental alienation syndrome drives a wedge between many fathers and their children … with family court approval.

One Canadian father reports that a family court judge asked him:

“Why should I let you see your daughter?”

The situation is reportedly so severe in Canada that male suicides far outpace female suicides.

Father’s rights groups offer support – and lobbying for joint and equal parenting.

Read more in this Winnipeg [Canada] Sun news article: No happy Father’s Day for many dads.

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Permanent Alimony Still Under Attack

A case on appeal before the Tennesse Supreme Court reflects tensions and shifts in alimony practice that are playing out nationwide.

Husband and Wife are ending a long-term marriage (roughly twenty years) that began in college. They were forty-three when their divorce was filed.

Both spouses have worked throughout their marriage. Husband earns about $137,000 in the private sector and Wife earns roughly half that in a government job.

Because of the length of Husband’s and Wife’s marriage and the disparity in their incomes, a lower court ordered Husband to pay Wife permanent alimony of $1,250 per month.

On appeal by Husband, the heart of his challenge is that, despite the disparity in their incomes and the substantial length of their marriage, Wife is not dependent because she worked throughout the marriage and the divorcing spouses are too young for the court to order permanent alimony, especially in such a large amount.

(In contrast to a divorcing couple with a long-term marriage where the Wife was / is a stay-at-home mother for a significant period of time and would potentially be entering / returning to the job market over the age of fifty. Clearly, an intended beneficiary of the law providing for permanent alimony.)

The Tennessee high court’s forthcoming ruling could impact the future evolution of permanent alimony awards in Tennessee. And, possibly, beyond.

Read more in this [Franklin, IN] Daily Journal news article: Tenn. Supreme Court hears oral arguments in lifetime alimony case.

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Florida Attorney Ordered To Comply With Court Order to Send “Stepson” He Raised Back to His Biological Father in Costa Rica

About a year ago, I posted about a Central Florida Attorney in the Thick of International Child Abduction Case Regarding His Stepson.

And now, a year later, an eleven year old boy who has spent most of his life in the Ocala, Florida area, must return to Costa Rica to live with his biological father.

The “psychological father” who raised him, a Florida attorney, exhausted all available legal options in an effort to allow the boy to remain in his Florida home.

The attorney was married for several years to the boy’s mother, who has a drug problem, but never legally adopted the boy.

During mother and son’s annual visit to Costa Rica, the boy’s biological father sought custody and was able to hold the boy there.

The Florida attorney hired a contractor to recover the boy, but the boy’s biological father pursued the boy’s return in American courts.

Read more in this Ocala Star-Banner news article: Boy, 11, headed back to Costa Rica..

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Toddler Temporarily Placed in Foster Care After Two Recent Incidents Where Toddler Left Home and Was At Risk Due to Mother’s Alleged Failure to Supervise Him

Michigan Mother has a three year old Toddler.

A Neighbor finds Toddler walking in the parking lot of a business next to a busy highway. The Neighbor contacts law enforcement authorities.

When authorities contact Mother, Mother is asleep and slow to respond. Authorities learn that a similar incident took place a week before.

Toddler is taken into protective custody and placed in foster care.

The government files a dependency petition alleging neglect of Toddler.

On a temporary basis, Mother is granted only weekly supervised visitation with Toddler by the Michigan family court. The family court Mother also orders that Mother be subjected to random drug testing.

Read more in this [Bad Axe, MI] Huron Daily Tribune article: Bad Axe mother to have supervised visitation.

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