Mother and Father, a member of the Seneca Indian Nation tribe, have Daughter together. Father works for the Seneca Indian Nation, in security for one of its casinos.

During the first year after Daughter’s birth, Mother and Father amicably address Father’s timesharing and child support privately.

In time, Mother and Father’s relationship becomes more strained and Mother files for child support through the state family court of Pennsylvania. No challenge is made to the jurisdiction of the state family court of Pennsylvania.

Later, Father files for custody of Daughter through the Seneca Nation Peacemakers Court, the Indian tribal courts.

Father makes various unsubstantiated allegations of child neglect, which are refuted by a written statement filed with the Seneca Indian nation court by Daughter’s pediatrician. Father also accuses Mother of kidnapping Daughter in the past.

The Seneca Nation Peacemakers Court then gives Father custody of Daughter … and awards Mother, Daughter’s primary caregiver until then, absolutely no visitation or timesharing. Since 2008.

Indian nation courts may exercise child custody jurisdiction over Indian nation member children.

But, under the laws of the Seneca nation, Daughter is not a member of the Seneca Indian nation, because only her father and not her mother is of Indian heritage.

And so a Seneca nation appellate court reverses a lower Seneca nation court ruling that Daughter is a “Seneca minor”.

That reversal should strip the Seneca Nation Peacemakers Court of child custody jurisdiction over Daughter.

Yet the state family court still has not exercised child custody jurisdiction over Daughter, and Mother still has no access to or contact with Daughter. Even her letters are returned to sender.

And the Seneca Nation Peacemakers Court also allows Daughter no contact with her half-sister or her maternal grandparents.

Mother’s lay advocate, a member of the Seneca Indian nation and a highly experienced lay advocate in the Seneca nation courts, contends that the Seneca nation courts have favored Father out of bias.

The case continues in the appellate courts of the Seneca Indian nation. Mother refuses to give up on having contact with Daughter.

Read more in this Buffalo News article: A mother’s emotional fight – A Seneca Nation court has stonewalled Amanda Prechtel in efforts to reunite her with her younger daughter, Marissa.

California Husband and Wife have an argument.

Husband wants to drive off in his van.

Wife stands in front of the van to block Husband’s way.

Husband drives forward anyway, forcing Wife onto the hood of his car … and then Husband continues driving … 51 miles … with Wife hanging on for dear life.

Husband blasts music to drown out Wife’s yelling.

Husband lurches on highway in his effort to knock Wife off van.

Husband is charged with attempted murder and spouse abuse.

Husband enters a plea and Husband’s’ charges are reduced.

Husband will serve five years’ incarceration.

Read more in this Fox News article: Man admits driving 51 miles with wife on van hood.

I’ve posted before, in
Florida Public Defenders Seek Freeze and Lien for Attorney’s Fees on Marital Assets of Wife Who Allegedly Murdered Her Two Children With Husband, about a sad and fairly high profile case here in Florida where the Wife allegedly killed Husband and Wife’s children.

Husband just got his divorce … without any discussion of property division, although their assets are substantial.

How can that be?

Well, the above is a little misleading. It’s not that property division is eliminated. It’s just bypassed, for the moment.

A procedure called bifurcation literally allows the Florida family court to split the entire divorce case into two smaller components. Each component can be heard and ruled on at different points in time.

So, here, the bare divorce that made each spouse a single person again happened first. Property division will happen, but it will happen later.

Bifurcation doesn’t happen often, but it is used in certain kinds of circumstances. One of the most common is where one spouse is dying and wants to be divorced before their death.

There can be strategic reasons for seeking or opposing bifurcation, and bifurcation can create twists in property division.

Read more in this St. Petersburg Times article: Judge grants Parker Schenecker immediate divorce and this WTSP News 10 article: Parker and Julie Schenecker officially divorce.

I generally steer clear of celebrity divorces, but …

Whether it’s really true or not, it’s almost a cliche that divorce can be expensive.

So what’s the less expensive alternative? Could it be …

Marriage counseling? You might want to rethink that.

Husband and Wife go into marriage counseling in an effort to save their marriage.

Somewhere along the way there appears to be a dispute between Husband and Wife and their Marriage Counselor.

Marriage Counselor claims they owe her more than $10,000.

And a civil court sides with Marriage Counselor, ordering Wife to pay up.

Wife is appealing the trial court’s ruling.

The worst of it is that all that therapy didn’t save Husband and Wife’s marriage.

They went on to divorce. Ultimately, $10,000 poorer.

Read more in this New York Daily News article: Kate Gosselin ordered to pay more than $10,000 to former marriage therapist.

A financial advisor briefly hits the financial highlights associated with divorce.

• Know Thy Divorce Law. It is astonishing how very close too many people come to finalizing divorce settlements without having the slightest idea of what they may be entitled to. Often, they believe that their spouse has accurately summarized the law for them, and that their spouse is being very reasonable, even generous … when neither may be the case.

• Property Division. In equitable distribution states like Florida, marital assets are divided equitably, often, but not necessarily, equally. Note that whether property is marital property or nonmarital in the eyes of the law may be more complex than the financial expert describes.

• Retirement Assets Division. In equitable distribution states like Florida, the marital portion of retirement assets is divided equitably, often, but not necessarily, equally. Note that whether retirement assets are marital property or nonmarital in the eyes of the law may be more complex than the financial expert describes. Division of retirement assets is often particularly contentious. And may be especially complicated where there are pension plan administrators.

• Debt Division. In equitable distribution states like Florida, marital debt is distributed equitably, often, but not necessarily, equally. Note that whether debt is classified as marital debt or nonmarital under Florida law is determined by different principles than this financial expert describes. This financial expert also does not address the distinction between potential liability to a creditor in civil court and potential liability to a spouse in divorce court. Further, whether a particular spouse should make paying down debt a priority really depends on the overall facts and circumstances of their divorce case and situation. One size does not fit all. And, freezing joint debt accounts may be prudent much earlier in the divorce process than suggested, whether through a court order or otherwise.

In Florida, technically, the term “equitable distribution” includes all of the assets and property division and debt division touched on above – and much more.

But it is often helpful and illustrative to break it down into its smaller components, even well beyond what this financial expert has done.

For many couples, however, the marital residence and retirement assets are by far the largest assets the couple have.

And very often, folks anticipating a divorce focus on division of assets, without giving a thought to debt.

Yet, unfortunately, in some cases, marital debt may exceed – or approach – the amount of marital assets. So the debt really must be considered early on and addressed squarely. Otherwise, a spouse, or their attorney, may spin their wheels fruitlessly – but expensively.

Read more in this US News – Money – Smarter Investor piece: 3 Ways Divorce Affects Your Finances.

Husband and Wife marry in their early twenties.

Husband and Wife divorce … less than five years later.

The divorce court awards Wife what Massachusetts calls “lifetime” alimony of $65 per week.

Thirty years later, Husband is still paying Wife $65 each week. Which may not seem like such a burden in this day and age.

But Wife now seeks to modify her alimony award upward.

And the family court grants Wife’s request.

So, thirty years after their divorce, Husband must now pay his long ago Wife of under five years … $700 … per week.

And so it goes … in Massachusetts, where lifetime alimony is commonplace, even in short-term marriages. (Not so in Florida, unless there are unusual, special circumstances.)

Reformers have been targeting this alimony and spousal support law for several years, arguing that it does not fit modern values and expectations.

Proposed legislation would all but do away with “lifetime” alimony, limit the duration of all alimony based on the length of the marriage, end alimony at retirement age, and even impose a ceiling on the amount of alimony that can be court-ordered.

The proposed legislation also introduces different types of alimony, to address different possible particular needs of dependent spouses. For example, rehabilitative alimony for career training or retraining.

Whether the proposed changes in the alimony law are good or bad are, of course, subjective and depend upon whether one more closely identifies with a payor or a recipient.

Read more in this Albany [NY] Times Union article: Mass. considers ending ‘lifetime alimony’.

Foreign parents of children abducted to Japan by their Japanese parent haven’t ever had much to look forward to in terms of getting to see their children again.

That may be about to change though. Japan has announced that it is preparing to enter the Hague Convention on the Civil Aspects of International Child Abduction, and it is targeting acting by year’s end.

If so, it will be no minor accomplishment, because the stricken nation will, presumably, first have to overhaul its own domestic child custody laws to make them compatible with the Hague Convention.

Currently, Japanese laws recognize only sole custody awarded to one parent, and make no provision for visitation or timesharing by the parent who is not awarded sole custody.

And the Japanese courts are, by all accounts, biased against foreigners and fathers.

The US and European countries have been exerting increasing pressure on Japan to adopt the Hague Convention and modernize its domestic child custody laws.

Read more in this Australian news article: Japan to sign child abduction convention and this Houston Chronicle news article: Japan moves to join global child custody pact.

Thirty year old New York Girlfriend and fifty-nine year old Boyfriend are dating.

Boyfriend and Girlfriend have a spat.

So Girlfriend allegedly pours sulfuric acid on Boyfriend, also getting some on herself.

Boyfriend and Girlfriend both sustain second and third degree burns.

Girlfriend is arrested on charges of felony assault with intent to cause serious physical injury.

It is unknown what Boyfriend and Girlfriend’s spat was over.

Read more in this New York Daily News article: Geraldine McCoy, 30, ID’d as Brooklyn suspect in acid attack on boyfriend Henry Maurasse, 59.

For those who missed the prenup boat, the postnup or postnuptial agreement is coming of age.

What’s a postnup? It’s basically a prenup, only executed after the wedding day.

Like a prenup, it can spell out what a couple wants to happen to assets acquired by either or both spouses during the marriage, as well as premarital or otherwise separate nonmarital assets of either spouse, in the event of their divorce or the death of either.

Why would a couple do a postnup?

Several possible reasons. As some examples:

1. They didn’t do a prenup.

2. They’ve had a change of heart and want to update or modify a prenup, in whole or in part.

3. They’ve had a change of circumstances or assets and want to update or modify a prenup, in whole or in part.

4. Their marriage feels less solid than it used to.

5. New children or grandchildren enter the picture.

Actually, a postnup can also address child custody and/or support issues, but any provision as to those issues is subject to review and approval or modification by the family court.

In these uncertain times, postnups are gaining significant traction.

Couples who execute postnuptial agreements should take note that, because they are already married, family law holds them to what is called a fiduciary duty to each other, and requires that each spouse make full and fair disclosure of their financial picture to their spouse.

Read more in this Wall Street Journal article: Some Already Wed Couples Agree to Disagree.

Now that no-fault divorce law is the law of the land, the concept of adultery may strike some as irrelevant.

But not so fast. There is still the matter of child custody, and adultery could still potentially come into play there.

Oh, and then there’s criminal law. Although a lot of folks may not know it, adultery is illegal in some states. Yes, really.

Colorado is one of them. And Florida is another. And they have plenty of company in the US.

Are there a lot of prosecutions of this crime these days?

Well, that’s another story. But the criminal statutes are still on the books, available to be used.

Read more in this Wall Street Journal piece: Adultery Remains a (Legal) No-No in Colorado.