Arizona Grandfather sets out with five year old Granddaughter in his new pickup truck. Only the pickup truck breaks down.

So Grandfather and Granddaughter continue their travels in the desert heat on foot.Granddaughter eventually tires and is unable to continue.

So Grandfather finds a well-camouflaged spot to leave Granddaughter and places his loaded pistol in her hand in the firing position, actually cocked.

Grandfather leaves Granddaughter, instructing her to “shoot any bad guys”.

And then heads for a cheeseburger and some alcoholic refreshments. And that is where he is found by law enforcement officers.

Having failed to seek any assistance or attention for Granddaughter. The state’s child welfare agency is notified, but Granddaughter is released to her mother.

Grandfather is, however, arrested on charges of child abuse and child endangerment.

Read more in:

1. this Reuters article: Arizona grandpa leaves girl, 5, in desert with gun: police and
2. this Arizona Republic article: MCSO: Man left granddaughter, 5, in desert with loaded gun .

This question comes up in many divorces. Unfortunately, there is no one-size-fits-all answer.

First, the possibilities. In general, traditionally,

1. one spouse retains temporary possession, usually with the minor children, and the house is sold and the net proceeds split at some future point in time, usually when the youngest child completes high school, here in Florida or
2. sale to a third party and splitting of net proceeds or
3. buyout of one spouse’s net equity interest in the home by the other spouse who wishes to remain in it

In recent years, foreclosure, deed in lieu of foreclosure, short sale and other similar options have expanded the list of possibilities.

Which of the above possibilities is best? This varies based on a number of variables in any given situation.

Such as fair market value, outstanding mortgage amount, amount of equity, appreciation since purchase, anticipated future appreciation, property taxes, property insurance, costs of maintenance and repairs, community fees and assessments, miscellaneous property expenses, the wishes of both spouses, and so on.

Anything overlooked? Yes! A big one. The total income of spouse in possession / spouse buying out the other spouse. And their creditworthiness (credit score and debt load amount). In other words, can they (reasonably comfortably) afford to stay in the home.

For this purpose, income can include both child support and spousal support if applicable.

But the spouse seeking possession must consider that sometimes alimony and child support are not consistently paid in full and on time. Indeed, sometimes, quite the opposite.

This can create stress … and threat of foreclosure. An especially bitter pill to swallow if more secure assets were bargained away in favor of the home.

All the possibilities and all the relevant variables should be carefully evaluated, preferably with the input of a financial professional, before settling on any course of action.

Read more in this New York Times article: Divorce and the Shared Mortgage .

In 1990, people over 50 were not all that likely to get a divorce.

Now, twice as many people over 50 are divorcing.

And people over 65 years old are still more likely to divorce.

Even as divorce rates among younger people have leveled off – or declined.

What gives?

• Couples in this age range are significantly more likely to be in second marriages, which are inherently less likely to succeed
• longer life expectancies discourage staying longer in unhappy marriages indefinitely
• less stigma is associated with senior divorces now
• women are more independent now financially
• relentless retirement togetherness can be the straw that broke the camel’s back

Read more in this New York Times article: After Full Lives Together, More Older Couples Are Divorcing .

For some people, nothing could be worse than having their dirty laundry or private financial affairs out there in the public eye. They will likely cringe at the mere mention of the word divorce. Especially if they live in a state with a strong policy favoring public access to information.

For such people, you really can’t beat having a prenuptial agreement. A prenup can go a long way toward settling a divorce case in advance. Avoiding the need for public drama.

Even affirmatively prohibiting it. In part by mandating non-court methods for divorce, including mediation, collaboration or arbitration.

For issues not addressed in the prenup, or incapable of being nailed down for all time in a prenup (think child support or custody).

For enforcement or modification proceedings, differences in interpretation or changes in circumstances.

If a prenuptial agreement accomplishes nothing else, it can memorialize a commitment toward amicable resolutions … requiring privacy.

This can avoid relying on a spouse’s good graces to decide whether to litigate or not, or bluff for leverage.

The details may vary from one state to another, but in every state, privacy is greatest outside of the divorce courtroom litigation process.

Similar privacy concerns suggest consideration of trusts over wills as primary means for inheritance of estates.

Read more in this Atlanta Daily Report article: More Couples are Turning to Alternative Dispute Resolution to Prevent Invasive Financial Disclosures in Divorce .

UK Husband and Wife are divorcing after twenty plus years of marriage.

Husband is successful and has accumulated about US $2 million in assets.

This divorce has been particularly contentious.

Husband has gone above and beyond merely selling or giving away Wife’s possessions, without her permission, threatening to leave her penniless and out on the streets, and calling her a prostitute.

No, during the course of thirty – count ’em – hearings, Husband has allegedly actually gone so far as to physically assault both Wife and her attorney.

Evoking displeasure in pretty much everyone else involved in the divorce proceedings.

Oh, and earning him criminal charges. Over which he has reportedly skipped out on his bail and fled the country, rather than face up to his sentencing.

That’s not all that hasn’t gone Husband’s way in connection with his divorce.

The UK divorce court awarded Wife half of the couple’s accumulated assets … plus roughly US $225,000 in legal fees.

And departed from custom by identifying the parties to the media, due to Husband’s unacceptable conduct in the case.

Read more in this UK Daily Mail article: Judge who believes in privacy of divorce court names and shames ‘abysmal’ company boss who assaulted his ex-wife and threatened to put her ‘on the street’ .

Chinese Husband and Wife are married and have a very young Son together.

Wife files for divorce. Her grounds?

Husband constantly snaps photographs of Wife and Son.

Without sensitivity, discretion or judgment.

During childbirth. While breastfeeding.

During vaccinations. Even going so far as to request a repeat injection for the sake of a better photo.

Even during Son’s performance of … bodily functions.

Apparently Wife just could not take it any more and filed.

She requested hefty child support, but the family court judge presiding over the case felt that both could contribute to Son’s support more or less equally.

Grounds are largely fading into the background (no pun intended) of modern divorces, at least in the US. But sometimes a divorce filer just can’t resist seeking validation and therefore cites their grounds anyway.

Read more in

1. this PetaPixel article: Wife Cites Husband’s Obsession with Photography in Divorce Filing and
2. this Bokeh article: Exasperated Wife Divorces ‘Photography Obsessed’ Husband .

Husband and Wife are long since divorced.

In their California divorce, Husband agreed to pay Wife a portion of his military pension benefits as he collected them, and the agreement was adopted in a divorce court order.

Some twenty-odd years later, Husband has become a California judge and Wife has relocated to Arizona. At this time, Husband begins to collect his military pension.

Husband makes no payments to Wife.

Husband gives no notice to Wife.

What Husband does allegedly do is:

• misrepresent to others that Wife’s former attorney, now also a judge serving with Husband, advised him not to pay Wife or notify Wife that he is collecting his pension now

• have conversations with various judicial officers regarding the previously agreed and ordered calculations of Wife’s share of Husband’s pension benefits, and state that he would keep Wife’s share if she didn’t ask for it or died first

• have conversations with various judicial officers regarding following an irregular procedure for obtaining court approval of the resolution of Husband’s payments to Wife
• fail to disclose his long-standing friendship with an attorney who regularly appears before him in unrelated matters.

For all of the above reasons, plus several more, the body that supervises judges opened an inquiry into Husband’s judicial conduct.

The judge’s case has not been decided yet.

Read more in

1. this CalCoastNews article: Judge John Trice accused of violating a divorce court order and
2. this San Luis Obispo Tribune article: SLO judge accused of misconduct .

South Korean Husband and Wife are divorcing after ten years of marriage.

Wife has been convicted of fraud in the UK and Korea.

Wife reportedly also has a Boyfriend.

Apparently to gain an advantage in their divorce case, Wife allegedly resorts to physically confining Husband in their home, with the assistance of Boyfriend, and – forcing herself on Husband … to procure DNA evidence to use against him.

Unfortunately for Wife, her plan seems to have backfired.

Wife has been arrested and has the dubious distinction of being the first wife charged with marital rape in South Korea. South Korea first recognized marital rape as a crime when committed by either spouse in 2013.

Wife remains in jail pending her trial.

Read more in

1. this Korea Times article: Woman put behind bars for allegedly raping husband
2. this Korean Observer article: 40-year-old Korean woman to stand trial for raping husband and
3. this [Singapore] Straits Times article: Woman first to stand trial in South Korea for allegedly raping husband .

Religious Jewish Husband and Wife are happily married.

Husband is involved in motorcycle accident and left comatose … for seven years … with no real hope of recovery.

Wife lives in limbo. Wife seeks divorce.

Problem is, under strict interpretation of Jewish law, the husband must be the spouse to seek – or agree to – any divorce.

Luckily for Wife, the Israeli rabbinical court is sympathetic to her circumstances and, after due analysis and consideration, concludes that, based on the Torah, Husband would want to release Wife from the marriage because Husband would know he is not fulfilling his marital obligations.

Important rabbis in Israel have unequivocally condemned the ruling though. But Wife, through her attorney, has requested that they reconsider.

Read more in this Jerusalem Post news article: Senior haredi rabbis protest ruling freeing woman from marriage whose husband is in seven-year coma .

Texas Husband and Wife divorce.

Their minor child lives primarily with Wife.

Husband has reportedly already been convicted of the crime of Online Impersonation. He is currently on probation for posting an ad on Craigslist, as though the ad were Wife’s.

Now, Husband allegedly posts another ad on Craigslist, also as though the ad were Wife’s. This ad, however, goes further.

It contains a provocative photograph of another woman, instigatory language … and Wife’s actual cell phone number.

With which someone so inclined might ascertain Wife’s address (also the address of their minor child).

As a result of the ad, Wife receives numerous explicit text messages with graphic photographs.

An attorney who concentrates his practice on such cases can cite at least one similar case where the victim was sexually assaulted following a similar ad.

Wife here is seeking $1 million in damages.

And Husband just may be facing more than mere probation this time around.

Read more in this [Dallas – Fort Worth] CBS 11 TV news article: Ex-Husband Accused Of Posting Salacious Craigslist Ad Using Ex-Wife’s Identity .