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Subscribe to this list via RSS Blog posts tagged in divorce

Posted by on in Divorce

b2ap3 thumbnail mental-illiness-divorce

Mental health issues are widespread nowadays and have been discovered to be a leading cause of divorce.
Not surprisingly, individuals suffering from depression, PTSD, or addiction issues have the greatest probability of separating from their spouse. Unfortunately, obtaining a divorce and dealing with a mental illness can be difficult as symptoms often become worse under stressful conditions. Individuals suffering from mental illnesses may become more defensive or anxious, cause frequent outbursts, or be generally uncooperative. Fortunately, there are a number of ways to alleviate the stress that can come from a toxic divorce.

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Tagged in: divorce family law
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b2ap3_thumbnail_bigstock-latin-business-man-worried-pay-70398460-resized-600.png When spouses are not living together, it can be difficult to determine which spouse is legally responsible to pay debts. The timing of when the debt was incurred, the nature of the debt and state law are important considerations in this assessment.

Necessaries Doctrine

At common law, the spouse – typically the husband – was legally liable for the support of the other spouse. This right could be enforced on the spouse, either by the other spouse or by third-party creditors. Today, some states have established statutes that require a spouse to be responsible for necessary or family expenses, even in the absence of an express agreement to pay such a debt.

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b2ap3_thumbnail_private-investigator-career.jpg Divorce is often a contentious experience in which formerly intimate spouses are now adversaries. With this dynamic, spouses may start to hide information or take part in activities that may threaten the well-being of the family. Private investigators are sometimes retained to assist in divorce cases for a number of reasons.

Evidence of Adultery or Misconduct

A private investigator can investigate if a spouse is committing adultery or other types of marital misconduct. Every state has no-fault divorce laws that do not require the evidence of wrongdoing in order to grant a divorce. However, marital misconduct is sometimes relevant for proceedings involving spousal support in states in which support is barred if one party’s conduct led to the demise of the marriage. Additionally, marital misconduct may also help provide more favorable terms for a spouse under a prenuptial agreement.

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Posted by on in Spousal Support

 

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Posted by on in Child Support

b2ap3_thumbnail_download-1.jpg Every state recognizes that each parent is responsible for providing support for their children, whether the child lives with each parent or not. However, there are many circumstances when the family court should no longer have jurisdiction of the case or when child support should otherwise end.

By Court Order

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b2ap3_thumbnail_lgbtDivorce.jpgMany in the lesbian, gay, bisexual, transgender, and queer (LGBTQ) community celebrating a victory, not only for them, but for the Court’s interpretation of the constitutional rights of all Americans.
In the majority decision of the Court, all states must perform and recognize same-sex marriages, even if the marriage was performed outside of the home state of residence. Citing the protections offered by the Fourteenth Amendment Due Process Clause, the Court has given same-sex marriages the equal constitutional protection that heterosexual marriages are granted.

Justice Anthony Kennedy authored the Court’s opinion stating that the fundamental ideals of marriage are the same for both same-sex marriages and those between a man and a woman. Marriages based on love, fidelity, devotion, sacrifice, and family apply to both types of marriages and should be available to two consenting adults who respect that union. He added that same-sex couples want the same type of committed and respected marriage that heterosexuals enjoy where two people come together and become greater than before. To deny them of that right is unconstitutional in the eyes of the law.

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b2ap3_thumbnail_20121116202428-9.jpg Family courts around the country recognize that spouses own some property that is separate from what they accumulated as a marital couple. Those assets that comprise the marital estate are subject to division at the time of divorce while separate property is generally excluded from a divorce award.

Premarital Property

The property that a person brought into the marriage is usually off-limits to the other spouse. However, this can change if the old property has comingled with marital property. For example, a bank account can become comingled property if the other spouse was added to the account or funds were used from the account that make transactions indistinguishable between separate transactions and marital transactions.

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b2ap3_thumbnail_download_20160428-003849_1.jpgThe Supreme Court has acknowledged the validity of same sex marriage throughout the country. Of course, after parties get married, some of those parties decide to divorce. However, not all divorces are treated equally, because some of the doctrines surrounding divorce have traditionally been applied only to long standing heterosexual marriages.

For example, one of the grounds often asserted to obtain a divorce is that of adultery. However, adultery has traditionally been given a limited and narrow definition, involving vaginal intercourse between a married person and someone other than his or her spouse. Because of this limited definition of adultery, typically interpreted to apply to sexual intercourse between a man and a woman, by definition it is technically not applicable to infidelity in a same – sex relationship. As a result, this limited definition may deprive same sex couples of this ground for absolute divorce. It would be appropriate for the legislature to consider expanding the definition to be applicable to physical relationships between persons of the same sex.

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b2ap3_thumbnail_parar-de-beber_.jpgImagine a woman is so infuriated with her husband for his philandering, gambling and drinking that she disinherits him. Upon her demise, the husband commences an application for support under Part V of the Succession Law Reform Act (the “SLRA”).[1] The husband qualifies as a dependant because he is a spouse and his wife had a legal obligation to support him. What impact, if any, would his past behaviour have on his entitlement to dependant’s support?

By way of background, claims for dependant’s support are governed by Part V of the SLRA. Within Part V, section 57 contains the definition of a “dependant,” which includes the spouse of the deceased. The definition also provides that the deceased must have either been providing support or been under a legal obligation to provide support to the dependant immediately before his or her death.[2] Section 62 of the SLRA contains an extensive, but not exhaustive, list of factors the court will consider in determining the amount and duration of support to be awarded to a dependant. Section 62(1)(r) contains factors considered specifically for a dependant spouse, and subsection (i) therein contains the phrase “a course of conduct by the spouse during the deceased’s lifetime that is so unconscionable as to constitute an obvious and gross repudiation of the relationship.”[3] This leads to the first question that a disinherited spouse might have: what will be considered unconscionable conduct sufficient to preclude or lessen the amount or duration of support awarded?

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b2ap3_thumbnail_o-DIVORCED-WOMEN-facebook.jpgDrafting settlement and separation agreements is an important part of any family law practice because only fifteen-percent of divorce cases eventually go to trial.

Written settlement proposals can be exchanged at any time. They, like interrogatories, may help determine if an agreement can be reached now or in the future. Obviously, you need your client’s direct input and authority when drafting a settlement proposal and it is absolutely vital that they review and approve the proposal. Many times, the first settlement proposal will be quite broad, while subse quent iterations can pin down the details of the agreement.

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Tagged in: court divorce family law
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Posted by on in Legal Separation

b2ap3_thumbnail_img.couple-yelling-silhouette-alberta-law.jpg In some circumstances, one spouse may consider suing his or her spouse for particularly egregious conduct. However, whether the spouse can bring a viable claim against his or her spouse depends on the nature of the behavior, the nature of the relationship, state law and the particular circumstances involved.

Common Law Considerations

At common law, suing one’s spouse was generally outlawed. The legal reasoning behind this is because a married couple was sometimes viewed as a single entity. Therefore, by suing one’s spouse, an individual was really suing himself or herself. This concept was largely known as the “spousal immunity” rule.

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Posted by on in Divorce

 Even when her husband packed his bags and stomped out of the house, vowing to marry the woman he was having an affair with, she stood her ground.

For five years, she clung to the vows they had made nearly 20 years and two daughters before in the Madison Avenue Baptist Church in downtown Manhattan as her grandfather officiated.

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Posted by on in Divorce

                Divorce can be a trying, frustrating and expensive process for anyone. Just how expensive a divorce is may depend on the assets being divided. Here are the 20 largest divorce settlements:

20. Steven Spielberg and Amy Irving: $100 million

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Posted by on in Divorce

In California, there is a legal action known as a summary dissolution. This is the dissolution of a marriage that has only been legal for five years or less. A joint petition for summary dissolution can be filed when either spouse meets the standard residency requirements and irreconcilable differences the marriage render the marriage irretrievably broken. A summary dissolution can also be filed when the marriage does not involve any children and the wife is not pregnant (Wikipedia).

Who Can File for Summary Dissolution?

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Posted by on in Child Support

Collecting unpaid child support is an on-going problem for many custodial parents. High unemployment and the national economic situation leads to more people than ever unable to meet their financial obligations including child support payments.

There are a growing number of individuals who have exhausted their unemployment benefits and cannot find work. Bankruptcy, while offering relief from a variety of consumer and medical debts, does not offer relief for a former spouse who is behind in support payments.

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Divorce can cause a range of emotions from anger to sadness to relief. Divorces can be both mentally draining and time consuming. As such, sometimes finances can be an afterthought. As things get hectic, it is a mistake to forget about your credit situation. Before we start going through the tips, here’s a bonus tip: pull your credit report. You will be using it a lot to prepare for your divorce

Below are some ways to protect your credit during a divorce as well as a brief analysis of California Family Code Section 2040 and the automatic restraining orders that take place to help protect your finances:

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Relationships In America

relationships

Embed this infographic on your site!

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Tagged in: divorce
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Often, after a separation or divorce, a parent decides to move because he or she can no longer to afford to live in the same city, for a new job opportunity, or so that he or she can be closer to extended family for financial or emotional support. Whatever the reason, when a parent wants to move, difficult decisions have to be made regarding where the children will live and how the other parent will maintain a relationship with them.

Sometimes, divorced or separated parents can agree on where their children should reside and what the visitation arrangements will be. Many times, however, these situations are emotionally and logistically difficult, and parents cannot agree. It will then be up to a court to decide.

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Posted by on in Divorce

One of the most frequently cited family law statistics is that 50% of marriages end in divorce. No one gets married with the expectation of getting divorced. However, changes, including in the nature of the relationship between spouses, are inevitable and one or both spouses may ultimately come to the conclusion that a divorce is in the best interests of all involved. Below are some common signs of a failing marriage:

1. Decision making has become a dictatorship. There used to be a time when you and your partner would discuss the upcoming weekend plans, what to eat for dinner, the handling of work-related issues, etc. Now, you are making decisions without consideration from the other.

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Posted by on in Divorce

Financial problems are often a source of stress in marriages. Sometimes this stress can lead to divorce proceedings. A bankruptcy filing can be the most severe form of financial stress. It is not unusual for a bankruptcy filing and a divorce proceeding to occur at nearly the same time. There are ways for the parties to a simultaneous or near-simultaneous bankruptcy and divorce proceeding to ease this process.

Which should happen first, divorce or bankruptcy?

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