Posted on July 08, 2012 in Child Custody

When a married couple separates and decides that the only solution is to dissolve their marriage through divorce, it can be a scary time, and there are many factors that need to be considered immediately that won't wait for a divorce decree many months down the road.

- Who should move out of the marital residence?

- What property is the moving party entitled to bring with them out of the residence?

- Who is entitled to money in the bank accounts?

- Who will care for the children as the full-time custodial parent?

- Will the non-custodial parent have visitation?

- Should there be some form of child support or spousal support?

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 Posted on July 04, 2012 in Child Custody

According to the Greenfield Reporter, New Orleans coach Sean Payton and his wife, Beth have both filed separate divorce petitions in the state of Texas. They have been married for nearly 20 years.

Payton filed his petition on June 14 with the Tarrant County district court against Beth Payton stating that the grounds of his suit are "discord or conflict of personalities. His petition went on to state that he is requesting to divide the assets of the couple and he is also seeking joint custody of the children. They have two children together.

It is reported that Beth Payton filed a petition of her own on June 26. She is requesting full custody of their kids as well as exclusive rights to make decisions on their behalf. These decisions would include those concerning things such as medical needs and education. She is also asking for child support and half of the children's medical needs.

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 Posted on June 30, 2012 in Divorce

After 12 years of marriage and following a trial separation that began in 2010, actor David Arquette filed for divorce from actress Courteney Cox. Divorce papers were filed June 12 at the Los Angeles Superior Court citing irreconcilable differences as the reason for the couple's split. Later the same day, the "Friends" actress responded with legal documents of her own.

Neither Cox nor Arquette retained a lawyer for the filing, and there has been no mention of a pre-nuptial agreement. Both parties have asked for joint physical and legal custody of the couple's 8 year old daughter, Coco. If no pre-nup exists then the two will be splitting any money earned by the couple in their 12 years of marriage will be split down the middle; a prospect that doesn't seem exactly fair considering Courteney is worth around $75 million compared to Arquette's $18 million.

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 Posted on June 28, 2012 in Divorce

According to the National Marriage Project at the University of Virginia, the U.S. divorce rate has nearly doubled since 1960, and, according to the Wall Street Journal's Smart Money magazine, "the number of divorce lawyers has grown apace." Esepcially during the recession, advertisements for ‘quick and easy' divorce (boasting prices as low as $299 to file) popped up all across the country—yet, according to Smart Money, sometimes this price is just a eye-catcher to get you in the door. While it's not a scam, these low rates apply for couples that have already decided on the terms of their settlement, which is rare for divorcing couples.

Many of these lawyers who advertise with paper fliers on telephone poles have not faced the test of time, and are more likely to end up embroiled in scandal. It's always advisable to seek legal counsel if going through a divorce, and finding a reputable attorney is an important part of the process. According to the American Bar Association, lawsuits against family law attorneys more than doubled between 1995 and 2007. Always check with the state bar association before hiring a divorce lawyer.

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 Posted on June 26, 2012 in Divorce

A local CBS story highlights the dangers of posting online in social networking forums while going through divorce proceedings, especially where the proceedings are contested. Not only are more people discovering that their spouses or significant others are having affairs, the American Academy of Matrimonial Lawyers reports that more than 80% of divorce lawyers say that the content on social networks is increasingly being used as evidence in contested family law proceedings.

For instance, pictures posted on Facebook of a divorcing spouse using drugs, alcohol or partying it up in general can serve as damning evidence in a custody dispute. Likewise, vacation photos and other evidence of a lavish lifestyle can severely undermine a spouse's claims of poverty and reveal sources of hidden assets. One parent allowing children access to Facebook also can be a point of contention, particularly with an older child who might be engaging in inappropriate behavior. While e-mails and text messages have served as evidence in divorce feuds for years now, posts and messages on social networking websites now are providing evidence in these cases as well. According to the article, about 70% of the social networking type of evidence comes from Facebook, whereas about 15% comes from MySpace.

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 Posted on June 21, 2012 in Divorce

A recent article from Mint.com details the financial devastation that a divorce can have on a person. While it may seem that one divorcing spouse suffers more financially than the other, the reality is that both spouses typically feel the financial fallout from a divorce. Common financial drains that occur during a divorce, and that may affect both spouses, include legal fees, alimony payments and child support payments, not to mention the division of debts and assets and the tax consequences of that division.

Many of these increased costs come about simply due to the fact that what has been one household now is being divided into two separate households. One spouse has to find a new place to live, and regular household expenses necessarily double. Instead of the expenses of a single household, now there are two rent or mortgage payments, multiple utility payments, two cable bills, etc. Even for spouses with relatively equal incomes and resources, both spouses are likely to feel the pinch of handling all of the bills on his or her own. In many cases, it is only alimony or child support that can help save a spouse from being completely unable to maintain the most basic of household expenses.

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 Posted on June 18, 2012 in Child Support

In the case captioned as In re Marriage of Mary Ellen McGrath and Martin Gibbons McGrath, 2012 IL 112792, the Supreme Court of Illinois recently decided that money that an unemployed parent frequently withdraws from a savings account may not be considered as net income for the purpose of calculating spousal support and child support.

At the time the case was at the trial level and originally decided, Mr. McGrath was unemployed and lived off of a savings account. He withdrew approximately $8,500 a month from this account. The trial court based his share of child support off of his monthly living expenses which was the $8,500 and ordered that Mr. McGrath pay $2,000 a month in child support. Mr. McGrath appealed the order and appellate court affirmed the trial court's order.

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 Posted on June 15, 2012 in Divorce

According to the Chicago Tribune, Debra Umberson, a sociologist at the University of Texas at Austin, says that "the end of a marriage can be devastating for health," in the same way that losing a spouse to death can be, especially for husbands. "What we see," Linda Waite, a sociologist and demographer at the University of Chicago told the Tribune, is that "divorce for both men and women decreases happiness and increase the chances of dying in the next year."

Though women are generally thought to deal with divorce better than men, divorced men are much more likely to remarry and regain the benefits of marriage. Watie, however, says that "women are really better are managing the health care system. They are better at taking care of themselves." This simple reason might be one why men fair worse after a nasty divorce. "It does have to do with gender roles," Waite says. "Women have a bigger social network… their social networks aren't as shattered when they lose a spouse."

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 Posted on June 12, 2012 in Divorce

Maryland's highest court has issued a ruling that effectively gives legal recognition to gay marriages that were legally performed in other states. According to the Chicago Tribune, Jessica Port and Virginia Anne Cowan, who were legally married in the state of California, sought an uncontested divorce in Prince George's County. The trial judge denied the parties' divorce petition, on the grounds that same sex marriage was not legal in Maryland, and they appealed. On appeal, the Maryland Court of Appeals issued an unanimous decision that a trial court cannot deny a divorce petition filed by a same-sex couple who was legally married in another state. The appellate court directed that the case be returned to the Prince George's County Circuit Court, with the instruction to grant the parties' divorce petition.

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 Posted on June 08, 2012 in Divorce

A recent article in the Huffington Post reports on the steadily increasing phenomenon of women who are ordered to pay alimony to their ex-husbands following a divorce. According to the American Academy of Matrimonial Lawyers, 56% of divorce lawyers nationwide have noted an increase in mothers who are ordered to pay child support, and 47% of divorce lawyers have seen an increase in ex-wives paying alimony over the last three years.

It is likely that improved job opportunities, salaries, and financial situations for women have sparked this trend, as many women now earn income that exceeds that of their husbands. An increase in women serving as breadwinners in families also may lead to this situation. In recent years, for instance, the Digest of Education Statistics reports that the number of women obtaining law degrees has doubled, and the number of men and women obtaining medical degrees is nearly equal. As a result, it is no longer a foregone conclusion that men will be ordered to pay child support and alimony in the event of a divorce, particularly where the wife has traditionally earned more money.

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