A divorce auction takes all, or a portion of, the possessions of a divorcing couple and auctions them off. The money earned is then split between the ex-spouses. In a typical division of property between a divorcing couple, the husband and wife are guided to make lists and take turns choosing items. Alternatively, they might place values on each possession and divide according to monetary value. The divorce auction, in comparison to these methods, seems to have an appeal for a growing number of couples.
]]> In some cases, divorce auctions are even court ordered as a means of solving disputes between individuals who are unable to agree on dividing their property.The point for couples going through a divorce in New York to take from this is that dividing property can be a stress that is often unneeded at such a difficult time. For some couples it may even be that the thought of keeping possessions from the marriage is a hindrance to getting on with their new, single lives.
For such couples, processes like divorce auctions and their mediating qualities may be a beneficial decision for maintaining some sense of civility in an already stressed relationship.
Source: Longmont Times-Call, "Some divorcing couples auction everything off and divide the cash," Aimee Heckel, April 28, 2012
]]>A prenuptial agreement typically takes effect in the event of a divorce, and it may be able to help New York couples not only with keeping the cost of divorce down but also with avoiding divisive disputes. The recent divorce filing of actor Martin Lawrence may demonstrate this. The actor and his soon-to-be ex-wife recently filed for divorce after being married for less than two years.
]]> However, the two have been a couple for 15 years and share two daughters, ages 9 and 11. They have also expressed their intention to remain friends following the divorce, and a prenuptial agreement that they have may well help with this. Although the details of that agreement are not available, it may help with easing the stress of the divorce and with ensuring that no emotionally damaging issues spring up.For example, one of the more common contentious issues in a divorce is what to do with the marital residence, which both parties may be seeking. Yet a prenuptial agreement can settle this matter beforehand, avoiding a potentially nasty fight. But prenuptial agreements do not typically cover child custody arrangements, meaning Lawrence and his wife may still have some difficulty in ironing out that divorce issue. With other issues out of the way, though, thanks to the prenup, it may be easier for them to come to a mutual agreement.
Source: People, "Martin Lawrence and Wife are Divorcing," Marisa Laudadio, April 24, 2012
]]>Ultimately, though, divorce is a means for a married couple to get out of a bad situation -- filled with stress, emotional pain and anxiety -- and seek pastures new. It may be easy to label divorce as "bad," but really divorce is a solution that two people usually reach to resolve their untenable relationship and move on with their lives in a more positive direction. One effective way of separating that some New York residents have utilized is divorce mediation.
]]> Many people deplore the financial toll divorce can take on the splitting parties. While this can sometimes be the case, often it is the emotional side of things that affect splitting spouses more. Divorce mediation can help alleviate the effects of either issue.In many mediation cases, the divorcing spouses never have to deal with a trip to court. That spares them associated legal costs. Mediation also gives the spouse's a team of mediation professionals -- such as a family attorney, a third-party financial advisor, a mental health advisor and, if the couple has kids, a specialist that represents the couple's children.
Having a collaborative atmosphere with these professionals there in support can help a divorcing couple get a grasp on the matters of their divorce without the bitter contention that can sometimes accompany them.
Source: NOLA.com, "Collaboration a new alternative to divorce court," Renee Peck, April 23, 2012
]]>More and more, Facebook is being used for evidence in court cases. With marriage and divorce, status updates, wall posts and friends requests can all complicate matters for a New York couple -- whether they are happy or in a rough patch.
]]> For example, some people use Facebook to live an online double-life. They get involved with other people online and their spouse is none the wiser. At least until you are inevitably found out, and this can cause a seemingly-happy marriage to end in divorce. Facebook is all about connectivity, and it also gives members the perception of privacy.What you post on Facebook is anything but private, and what's more, it acts as a written form of evidence. It establishes time and place, emotional state and possibly even motive. In other words, social media can be used against you during divorce proceedings.
"The evidence is shocking and the courts are starting to rely heavily upon it," an attorney said. "You have a husband saying 'I'm out of money, business is terrible,' and all of a sudden you see him on Facebook or YouTube and he's sitting on his new Mercedes."
Source: CBS New York, "Seen At 11: The New Face Of Divorce," April 26, 2012
]]>There are a couple of ways to handle child custody. You and your spouse could agree to joint custody from the outset, an amicable solution. If you cannot agree with your ex, mediation could help smooth over any issues the two of you are having about custody arrangements. The one thing you do not want to do during a custody dispute, though, is perform any illegal acts.
]]> A mother in Texas seems to have failed (in a very egregious manner) to follow this advice. Currently in a custody dispute with her ex-husband over their 9-year-old son, she decided to act like James Bond. She attached a recording device to her son's pants and sent him to her ex-husband's house, where the recorder picked up "very delicate conversations" according to the man's lawyer.The ex-husband discovered the recorder and sued the woman for breaking state and federal wiretapping laws. Seeking $10,000 in damages for the incident, he cited invasion of privacy and emotional distress in his lawsuit.
While divorce and child custody disputes can cause erratic behavior, that doesn't mean you have to sit back and let it happen. You can file restraining orders and other protective motions that safeguard you from the physically, emotionally or deviously abusive actions of a former spouse.
Source: Houston Chronicle, "Pasadena man's lawsuit claims ex-wife planted recorder on son," Mike Tolson, April 18, 2012
]]>Despite being married, a 47-year-old man was sued for child support payments by another woman with whom he had a prior sexual relationship. Nothing bizarre there.
]]> Their relationship began in 1991 and it ended sometime in the early 2000s, with the woman moving to California. The 47-year-old man remained in Texas, but in 2006 he agreed to donate his sperm to the woman so that she could use it for in vitro fertilization. She gave birth to triplets in June 2007. Still, nothing too bizarre.But just 10 months later, the woman sued the 47-year-old for child support payments and, amazingly, she won the suit. Even though a woman receiving sperm from a donor cannot be sued for paternity under California law, this court essentially went the other way, saying the 47-year-old was legally obligated to support the woman. "I was totally blown away," he said.
The amount was unspecified, but the man had to pay child support for the past four years until a California appellate court overturned the original ruling. It is a seemingly just end to a strange child support case that has implications on establishing paternity and the rights of sperm donors.
In New York, there are mandates and regulations that establish how much a person has to pay in child support. Sometimes, though, awards can be produced that are extreme and out of a parent's financial means. If appropriately appealed, some parents could get their support payments reduced.
Source: Lubbock Avalanche-Journal, "California court says Texas sperm donor owes no child support," April 12, 2012
]]>I think it's safe to say that a New York man, who had a monthly income just under $13,000 yet was determined to pay his ex-wife $17,000 per month in alimony, may have some questions about that formula.
]]> He won't even have to ask, though: the judge presiding over his divorce case revisited the ruling shortly after the formula's determination, dropping the monthly alimony payments to $5,000 per month and readjusting the child support determination from just under $2,600 per month to $2,000.The judge called the original ruling "unjust and inappropriate" and legal professionals are starting to question the formula's use. Some say that the formula was quickly created and is having the exact opposite effect of what it was intended for, instead spurring more litigation and causing confusion.
An attorney who originally represented the man's ex-wife criticized the alimony law. "It's been made very clear to everybody that this is an income-shifting statute," he said. "All of the courts are struggling with it."
This divorce case was one of the first to utilize the formula and it is unclear if it will be tweaked in the future.
Source: Wall Street Journal, "Divorce Ruling Revised," Sophia Hollander, Apr. 1, 2012
]]>This is important to remember in the case of two 31-year-old men who are setting a divorce precedent outside of New York despite being married in the state in Sept. 2011.
]]> The same-sex couple moved to Columbus, Ohio after they tied the knot. Soon, though, they realized their lives were going in different directions and wanted to get a divorce. Ohio does not recognize same-sex marriage -- a motion that was passed in 2004 -- and a group called the Ohio Campaign to Protect Marriage claims that by allowing the men to divorce, the state would, by default, recognize same-sex marriage.However, an "alternative dispute resolution" judge disagreed, allowing the same-sex couple to go through divorce proceedings. An attorney associated with the case said this divorce didn't "speak to the same-sex marriage prohibition" claimed by the Campaign to Protect Marriage because that provision only refers to marriage.
As the same-sex marriage movement gains steam, it is important for state laws to keep up. Though this case does represent the gray area involved in same-sex marriage (and, ultimately, divorce), New York's law regarding same-sex marriage does refer to divorce. Like all relationships, same-sex marriages that end in divorce are rarely straightforward cases. Consult a divorce attorney with experience in same-sex divorce if you and your partner seek the split.
Source: Columbus Dispatch, "Married in New York, local gay couple gets divorced in Columbus," Alan Johnson, Mar. 23, 2012
]]>But what happens if that relationship comes to an end? Without the legal guidelines provided under marriage, how do cohabitating couples deal with combined assets, property and even child custody should their lives go in different directions? Enter a cohabitation agreement, which is a legally-binding contract that provides guidelines for unmarried couples that are similar to a prenuptial agreement for married couples.
]]> The AAML found that 39% of lawyers who they surveyed said they saw a rise in cohabitation agreements in their cases over the past five years.Since there is no legal base for couples who choose to live together untethered by marriage, cohabitation agreements create legal guidelines that determine what happens when an unmarried couple splits. Without a cohabitation agreement, many unmarried couples struggle to deal with their former partner in regards to property and assets. This can lead to extended bouts in court and much undue stress.
Whether you are married or not, it is vital to protect your interests when you enter a relationship. The idea may sound unromantic, but setting up legal determinations that clearly show what assets go where in the case of a split is very important. An experienced attorney can help you create a cohabitation or prenuptial agreement.
Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, Mar. 20, 2012
]]>In 2009, the 41-year-old moved out of his home with his first wife, changed his name but made the odd choice to not seek a divorce. Instead, under his new moniker, he married another woman and apparently tried to forget his first marriage even happened. Investigators are still trying to learn why the man and his first wife never tried to divorce.
]]> When the first wife made the discovery, she contacted the 41-year-old's mother. The man soon got in touch with the first wife, asking her to keep the situation quiet. She contacted the police and the man is now facing bigamy offenses that carry up to a year in prison. He also has been placed on administrative leave from his position as a corrections officer.In another twist to the story, the first wife was arrested in 2010 because she got into an altercation with the second wife.
This story is a bit complicated and a little messy, but it highlights the impact of social media on our lives - specifically criminal cases and marriage. Law enforcement continues to turn to Facebook when dealing with criminal charges, utilizing photos and status updates to build evidence and establish a timeline for any charges against a person.
On the other side, people are using Facebook to snoop around other people's lives. That's not what happened here, which makes it even more alarming. A person could innocently look through Facebook and then get a "suggestion" from the site that leads to the end of a relationship.
That has wider consequences for the party committing any potential infidelity. A man or woman could lose a great deal in a divorce due to infidelity. It certainly does not excuse the act of straying from marriage, but it is a reminder of the risks posed by social media.
Source: Minneapolis Star Tribune, "Discovery by woman using Facebook leads to bigamy charges against Washington man," Manuel Valdes, Mar. 10, 2012
]]>Celebrity divorce can come off as less than serious, and considering the recent episode of Kim Kardashian's wedding-turned-divorce, it would be hard to fault the cynic inside us for dismissing celebrity divorce stories. But, there are legitimate issues at play in Quaid's divorce that any person would have to deal with if their spouse filed for the split.
]]> The biggest issue to be determined in Kimberly and Dennis's divorce is their two children. The couple was able to agree that they would share custody of their 4-year-old twins. A judge handling the Quaid divorce ruled that neither child could be taken out of state unless both Kimberly and Dennis agreed, or if the judge allowed the motion.Another hurdle to clear is property and assets between the two splitting spouses. Kimberly and Dennis own multiple homes and a wide array of vehicles, and they will both want to retain their fair share of those interests.
Currently they do not see eye-to-eye on the matter of property division, though. Kimberly has requested that she and Dennis equally split the assets, while Dennis seems to have rejected this notion. No information was provided regarding a prenuptial agreement between the divorcing spouses.
Source: Huffington Post, "Dennis Quaid, Kimberly Buffington-Quaid Divorce: Actor's Wife Files For Divorce," Mar. 9, 2012
]]>According to a 2006 study by the American Academy of Matrimonial Lawyers, 25% of their responding members stated that it was increasingly common for their divorce cases to settle custody over a family pet. In addition, these attorneys said that if the family had children, the decision for who received the pet usually correlated to which parent received child custody.
]]> Currently, no U.S. state considers a pet to be a member of the family - instead, pets are legally considered property. So when a couple goes through a divorce, a judge can make an ultimate ruling as to which spouse gets said property.That can present very real issues for some couples who have strong emotional connections with their pet. Since there are couples that feel their family pet is comparable to having a child of their own, is there any middle ground that can be reached on the issue of pet custody if they decide to divorce? For many couples, the answer is thankfully yes.
"People are not embarrassed to fight for custody of a pet today. In the past they might have shied away from it because society didn't really accept a pet as anything other than an accessory to your life," said one attorney in the article. Now divorcing couples come to agreement on many issues pertaining to pet custody, such as visitation, walking schedules, food and grooming expenses and visits to the vet.
Source: Associated Press, "Divorce lawyers: Pet custody cases increasing," Sue Manning, Feb. 28, 2012
]]>The findings went further; they show many courts have ruled that a parent cannot smoke within the presence of their child, with an emphasis on this provision being placed when the parent and child are in a vehicle.
]]> Other child custody cases have hinged entirely on a parent's smoking habit. In Georgia, a woman had the custody of her child revoked after it was determined that she had been smoking in the presence of her child. Branding the incident "insufficient concern for the child," a state court promptly took action.Far-reaching impact of smoking on a child custody hearing involves two parents who don't smoke at all. Say a grandparent or significant other that is close to the child's life has a habit of smoking. That scenario could make a judge decide in favor of the other parent.
Smoking is just one of many complicated issues that go into any child custody hearing. Ultimately, when the dispute goes to court, a judge is trying to determine what is best for the child at hand. In the eyes of a judge, second-hand smoke could be reason enough to award more or total custody of the child to the other parent.
Since there are so many scenarios to consider when trying to garner a favorable child custody ruling, bringing in an experienced attorney with knowledge of intricate family laws could prove vital in your case.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Discussing a prenuptial agreement may sound like a taboo topic to bring up to your spouse, but it is actually a very important - and often beneficial - contract that can protect both people in the marriage.
]]> Many people think that prenuptial agreements are only meant for couples that have one party making most of the marital income, when it is much more ubiquitous than that. A 2010 Harris Interactive poll found that 33% of single Americans would make their potential spouse sign a prenuptial agreement.Another study done by the American Academy of Matrimonial Lawyers shows that 73% of responding attorneys believed that prenuptial agreements increased during a six-year period from 2005 to 2010. A wavering economy and an inflated national divorce rate are most likely contributing to that uptick, but it does point to the desire people have to protect assets that they have meticulously planned and collected.
Ultimately, you and your significant other need to thoroughly discuss the matter of a prenuptial agreement before making a decision. The contract can cover many different scenarios and issues, such as property, alimony and any bank accounts the two of you may have. Should you go through with a prenuptial agreement, consult an attorney to ensure the contract is meets all the legal criteria.
Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012
]]>Because of the positive attributes of divorce mediation, the United Kingdom is preparing to enact forced mediation when a couple files for divorce. It is being considered one of the biggest reforms to the country's family law system in more than two decades.
]]> The law would have a far-reaching effect on the British Isles, applying to both married and unmarried couples. In addition, parenting agreements will be a part of the law to give children the chance to maintain relationships with both of their parents. It is a push by the United Kingdom to promote more equal time and communication between a child and each member of the divorced couple.This divorce mediation law will require the separating couple to attend a "mediation information and assessment meeting" before any divorce can become final, though exceptions will be made if the couple has a history of domestic violence.
Could this type of family law reform jump the Atlantic and be seen here in the United States? Advocate groups in the U.S. are already spreading alimony reform - most notably in New Jersey and Massachusetts - and there could soon be a movement to grant even splits for child visitation rights. In any case, this move by the United Kingdom will put a spotlight on divorce mediation, and this method of legal separation could see increased popularity in the near future.
Source: UK Daily Mail, "Separating couples 'will have to go to mediation' before being granted divorce," James Chapman, Feb. 7, 2012
]]>