Just by browsing the internet, spouses who wish to snoop can find a variety of relatively inexpensive spy gadgets. These include pens with recording devices, clothing buttons with cameras, and GPS tracking devices that can be discreetly placed under cars.
]]> A California man recently filed suit against his ex after he found a device that looked similar to a small flash drive concealed in his son's jeans. The device allegedly recorded his interactions with his son, as well as his conversations with family members, therapists and attorneys.In another case, where a woman put an audio recorder inside her daughter's stuffed bear, the woman was ordered to pay over $100,000 in damages and attorney fees and costs.
The potential illegality of spying has not deterred many snooping spouses. A manager at Spy Emporium says that business has been booming. He says the most popular items are mini video and audio recorders and GPS trackers; a good deal of which are being sold to spouses who suspect cheating, and to parents who want to monitor what is transpiring when their children are with their exes.
Family law attorneys advise spouses and ex-spouses not to engage in such behavior, and to take precautions if they suspect domestic spying. Even if spying activity is not found criminal, a person may be sued for invasion of privacy.
Source: Houston Chronicle, Spy gadgets infiltrate divorces as domestic snooping booms, Mike Tolson, 29 April 2012
]]>Several years ago the man agreed to donate his sperm to a California sperm bank to help a friend wanting to have children. According to the man, he only agreed to be a sperm donor, and never agreed to financially support the children or be involved in their lives as a parent.
The woman gave birth to triplets, but one of the babies died shortly after birth. The mother then filed suit asking for child support for her two children.
]]> "I kind of feel betrayed in a way. I thought we were the type of friends that once you have an agreement you can always work something out," the man explained. Since 2008 he has been required to make child support payments, as much as $5,000 each month.This month a California appeals court ruled he will no longer have to continue making those payments.
Generally when a child is born through assisted reproduction, unmarried individuals only acting as donors through clinics are not considered parents. In both California and Texas, sperm donors usually are not granted parental rights, or required to make child support payments.
The man is now married with children of his own. He said he still thinks sperm donation "serves a good purpose," but that he will never donate again.
Source: KDFW Fox Dallas-Fort Worth, Court: Sperm Donor Doesn't Owe Child Support, Fil Alvarado, 10 April 2012
]]>Indications that your spouse may be hiding assets include: he or she is secretive about finances or likes to maintain complete control of all accounts, your spouse deletes information from financial programs on the computer, he or she is demanding when trying to get you to sign tax or financial documents, your spouse purchases large items which may be sold later, he or she reports a dramatic drop in the value of investments, or your spouse unnecessarily opens separate banking accounts. When your spouse runs a small business or professional practice you should also look at changes in revenue or expense patterns, and any large recent business purchases.
]]> Generally such actions aim to hide income, undervalue assets or overstate debt. The goal of the spouse engaging in such behavior is for funds or property to be left out of the division of assets in the divorce settlement.If you suspect your spouse may be hiding assets don't be ashamed, you are not alone. Legal and financial professionals can investigate and advocate on your behalf to help ensure you receive your fair share of the marital assets.
Source: Forbes, 21 Signs That Your Husband May Be Hiding Marital Assets During Your Divorce, Jeff Landers, 20 March 2012
]]>The American Academy of Matrimonial Lawyers (AAML), a group made up of over 1,500 family law attorneys across the country, conducted the survey. It found that 92 percent of the organization's members noted a rise in the use of smartphone evidence over the past three years. More specifically, 94 percent reported an increase in evidence stemming from text messages.
]]> Text messages represented 62 percent of smartphone data used as evidence, making it by far the most common type of smartphone evidence used. Second place belonged to emails (23 percent), followed by call histories/phone numbers (13 percent) and Internet search and GPS histories (a combined 1 percent).Considering in today's world how many of us use our phones for just about everything this increase is perhaps not that surprising. The president of the AAML explained that, "As smartphones and text messaging become main sources of communication during the course of each day, there will inevitably be more and more evidence that an estranged spouse can collect."
The next time you reach for your iPhone, BlackBerry or Droid remember that it is possible your texts, calls, emails or internet history may be used as evidence in a divorce proceeding.
Source: AAML, Lawyers Finding Divorce App in Smart Phones, 8 February 2012
]]>Why do couples often split in January? There are a number of theories. One potential reason is that couples don't want to separate during the holidays, when it could cause disruption during the many family events and impact children's enjoyment of the festivities. Couples therefore might stick it out during November and December, and finally file in January.
The hectic holidays may also push already stressed marriages to the breaking point. Spouses may reflect about the past year, and come to the conclusion they don't want to continue down the same path.
]]> For those filing in January, it is important to note that an individual's marital status as of December 31st determines whether taxes may be filed jointly. This may impact some couples choice of filing date.Those organizations that have attempted to identify the particular "D-Day" in January where the most filings occur have come to different conclusions, but most fall towards the beginning of the first full week of the month.
Another spike in divorce filings tends to occur in late summer, likely because parents want to get settled and possibly relocate before their children begin the new school year.
Regardless of popularity, the best time to file for divorce is when it makes sense for your unique situation.
Source: Huffington Post, January: More Divorces Than Any Other Month?, Meghan Bereford
]]>Chaplain Carleton Birch, a spokesperson from the Army Office of the Chief of Chaplains, explained, "As the wars in Iraq and Afghanistan draw down, we're going to put more families together who haven't been used to being together."
]]> Military Divorce Rate StatisticsAlthough many military couples successfully maintain their relationships, some decide their best option is to part ways. In 2011, almost 30,000 marriages ended among those in the military, representing a rate of 3.7 percent. This is the highest rate of military divorce since 1999.
Among the different military branches, divorces in the Air Force were most prevalent with a rate of 3.9 percent. Almost one in 20 marriages among Air Force personnel ended this year, the most in over two decades. Not far behind were behind were the Marine Corps with a rate of 3.8 percent, the Army with a rate of 3.7 percent, and the Navy with the rate of 3.6 percent. Divorce was particularly common among women in the service, with almost one in ten divorcing in 2011.
The general public's divorce rate has been declining since 2000. It was at 3.5 percent in 2009, according to the Centers for Disease Control and Prevention.
Source USA Today, Military divorce rate at highest level since 1999, Greg Zoroya, 14 December 2011
]]>An app available on the iOS 5 platform of the new iPhone 4 allows friends and family to track each other. Called "Find My Friends", the app uses the iPhone's Global Positioning System (GPS) to locate and plot the location of other peoples' iPhones on a map displayed on the iPhone's screen (this app is also available for compatible iPads).
For the app to work, friends or family agree to allow each other to use the app to find their locations, often within a few feet of their actual location. The app could have any number of uses, including, as ABC News points out, making sure children make it home from school safely.
]]> According to a post on MacRumors.com, a suspicious husband found a way to use the app to catch his wife having an extramarital affair. According to the unverified post, the husband loaded the "Find My Friends" app onto his wife's phone and then used the map to track her location while she was out. Told by his wife that she was going to visit a friend in one part of the city, the man used the app to track his wife to a different area of the city, near the home of the man the husband suspected his wife was having an affair with was located.According to a later post on the MacRumors.com website, the man indicated that thanks to the app he was able to catch his wife lying to him and he would be seeking a divorce. While ABC News was unable verify the truth of the post, the new app appears to have as many uses as creative people can think of, including tracking a spouse suspected of cheating.
Source: ABC News, Your Cheating Heart: iPhone App Finds Wife With Another Man, Ned Potter, 17 October 2011
]]>Celebrities may choose this process because, unlike a public trial, journalists and other inquisitive parties have no right to attend proceedings or listen to arguments about property division and child custody. For many divorcing couples, the most important advantage is avoiding lengthy court dockets to speed up judicial resolution of a divorce.
]]> "Trial by Special Judge" under Chapter 151 of the Texas statutes provides for the appointment of private judges in civil and family law matters on agreement of the parties to the case. All issues of law and fact can be referred from the district court, meaning everything from determinations of complex marital property issues to visitation schedules and parenting plans. While parties are not entitled to a jury trial, they retain their right to appeal.To be eligible for appointment in divorce cases, private judges in Texas must be former district court, county court or appellate court judges who served for at least four years and have substantial experience in family law matters. They must also demonstrate ongoing continuing legal education participation related to developments in Texas divorce law.
Neal, Ashmore & Killebrew's own Jake Collier is a retired Denton County District Judge, as well as former Lewisville Municipal Judge, who is Board Certified in Family Law by the Texas Board of Legal Specialization. His experience as a private judge in Texas family law matters is available to parties seeking to expedite a divorce and reduce the legal costs of a drawn-out dispute.
Source: NPR, Private Judge Handles Aniston-Pitt Divorce
]]>Even though the movie was made over fifty years ago, the unfortunate separation of couples around the seven year mark continues to be commonplace. Recent census data reveals that couples in marriages that ended in divorce were together a median of seven years before separation, and eight years until divorce.
]]> So what happens to couples around the seven year mark? Marriage experts suggest that marital tensions may develop years earlier, but it isn't until around the seventh year that many couples finally decide they have had enough and it is time to separate.There are a variety of causes of stress in marriages that have lasted several years. In particular the rearing of young children can take its toll on young couples. Spouses spend more time away from one another as they focus on the kids, financial resources may be further strained, and spouses may disagree about family values and proper parenting techniques.
As the average age people marry rises, gender roles further evolve, and expectations of marriage continue to shift, it will be interesting if the "seven year itch" continues to plague the next generation of marriages.
Source: The Boston Globe, The magic number when the magic's gone, Beth Teitell, 29 July 2011
]]>To have a child support case considered, a father must file a petition, attend a hearing to determine if proof exists to support the case and take a court-ordered DNA test. If the test shows that the man is not the father, upcoming child support requirements will be terminated.
Legal Right to Challenge Child Support Obligations
Signed into law on May 12, 2011, the paternity bill (SB 785) allows men, who believe they were wrongfully declared fathers, the opportunity to try to reverse parental rights and legally terminate future child support responsibilities. However, future is the keyword.
Courts are looking to the future not the past when making paternity decisions. If a father succeeds in proving no relationship to a child, he will not be reimbursed for child support payments already made. Additionally, he must fulfill his obligations to make any back child support payments due, including interest.
]]> Back Child Support Payments Not WaivedThe fact that past child support payments are not forgiven can be frustrating for some individuals. For example, Ray Thomas, a Houston man, had his case profiled on KHOU. Thomas is extremely frustrated that the bill is not retroactive. Ordered to pay child support since 1986, he had tried numerous times to contest paternity before the courts. He even had a DNA test conducted which indicated a zero percent chance he was the biological father. But the judge would not hear him.
Now Thomas has racked up more than $50,000 in back child support payments and interest for a child that is not his. Even with SB 785 in place, he is still required to pay the full amount though future obligations may now be waived.
Though the new law is expected to reduce the complications and confusion surrounding previous paternity and child support legislation, the full impact of SD 785 is yet to be seen.
Source: New Texas law allows fathers to contest their paternity, stop paying child support
]]>A recent study found that unemployed men were both more likely to initiate divorce proceedings themselves, as well as more likely to have wives who chose to leave them.
Women, on the other hand, were less likely to begin divorce proceedings if they were unemployed. Additionally, whether or not a woman worked outside of the home did not have any impact on her husband wanting to leave the relationship.
The researchers assumed that working women had more resources allowing them to leave unhappy marriages, and they expected this to be true for men as well. Surprisingly, the study showed just the opposite.
]]> One possible reason for the differences in behaviors is how society views gender roles. Although career-minded women have faced growing acceptance in the workplace, the perception that men should be breadwinners for the family still largely remains.The study's lead author, Liana Sayer, associate professor of sociology at Ohio State University explained the phenomenon of what she calls an "asymmetrical revolution". "The role of women has changed a lot, but we have seen far less movement in the roles of men," explains Sayer. "If a man is not bringing in some money, it seems to be unacceptable."
Interestingly, the study indicated that more than unhappiness in the relationship, unemployment for men predicted the likelihood of divorce.
It is possible that unemployed men may face low self-esteem from doing what is still often perceived as women's work in the home and not meeting the expectations society places on them to provide financially for their families. The low self-esteem may lead to depression, resentment or other problems that may increase marital tension.
]]>Yet few wondered about potential child support from Schwarzenegger, though the amount Baena could receive may be equally sensational news that greatly affects her and the child's standard of living.
California child-support laws state that children are to share in the lifestyle of their parents, and that child-support awards should be made considering the relative incomes of the parents, among other factors. When one parent has significantly more assets than the other parent, the other parent often enjoys a better lifestyle as a result of child-support payments, even though they are intended as payments for the care and upbringing of the child.
]]> In California, a state with large concentrations of wealth, child-support awards of thousands of dollars a month are not unusual. And California courts have repeatedly upheld child-support orders against extraordinarily wealthy fathers like Schwarzenegger who have children with women of far less means.When comparing Baena and Schwarzenegger's child's life with the life of Schwarzenegger's child with Shriver, the likely contrasts are stark. Maria Shriver's son is growing up on an expansive estate and attending private school. Mildred Baena's son lives in a middle-class neighborhood, and his mother's car was repossessed in 2004.
However, the difference in lifestyles may be narrowed if Schwarzenegger is ordered to pay significant sums of child support to Baena. It may never be known if or how much child support is awarded, though, because California law makes all child-support cases involving children born out of wedlock confidential, and the files are not available to the public. Therefore, if Schwarzenegger is indeed ordered to pay child support to Baena, people will be left to speculate once again.
Source: Brother of a Different Mother
]]>They can be particularly useful in several scenarios:
Second Marriages: Pre-marital agreements can specify how the expenses for children from prior marriages will be covered, as well as how other assets brought into the marriage will be divided.
Business Owners/Professional Partners: Prenups can serve to protect business interests and prevent a non-involved spouse from becoming liable for business debts.
Inheritances: Although inheritances are usually considered the separate property of each spouse, sometimes such assets can become commingled with martial property. A prenup can provide clarity in these situations.
]]> Unequal Incomes: Although a husband and wife will generally never earn the same amount, when there is a vast difference in wages a prenup may be necessary. It can set a minimum or maximum amount on what the lower-wage earner would receive from the higher-wage earner in the event of a divorce. Such a provision, however, will likely be scrutinized by a judge if it seems patently unfair.Significant Assets or Debts: Spouses can explain how they want to divide assets and debts, specifying whether either can make a claim to property or other assets being brought into the marriage and clarifying liability for separate debts.
An experienced family law attorney can provide further guidance on how a prenuptial agreement would benefit your specific situation.
]]>While making a big purchase, such as a house or car, it is important to decide how the property will be held by the couple. Generally, there are two main ways that an unmarried couple can choose to share ownership in property:
]]>The biggest distinction between these two types of ownership interest is how survivorship is treated upon the death of one of the owners. In a joint tenancy the deceased partner's ownership is transferred to the other partner automatically. However, in a tenancy-in-common, since ownership is distinct, a partner is able to pass along his or her ownership interest to his or her heirs or to any other person via a will or trust.
Even if you are happily committed to your partner, it is important to plan for the unforeseen, even if the unforeseen never arrives. There are other ways to determine how property will be split, including through agreement, that a couple should also explore. Speak with an experienced attorney to explore all of your options concerning property division and to decide which option is right for you and your partner.
]]>Before you approach your children about the topic of divorce, discuss with your spouse what you are going to say, and make sure you both are in agreement on key points. If the two of you still need to figure out living arrangements and parenting plans, work to resolve those issues first. That way you can both answer any questions children may have.
If possible both spouses should participate in the conversation with the children. This demonstrates that even if you are not going to be married any longer you will still be working together as co-parents.
With younger children you should keep the discussion very simple and concrete. Focus on what changes will be impacting the children themselves instead of your relationship with your spouse. Discuss topics such as where children will be living and when they will see each parent.
]]> Acknowledge that life is going to change for the family. Keeping the age of your children in mind, you may want to explain the reasons for the divorce without going into unnecessary detail. Clearly explain that the divorce has nothing to do with the children.Although it's normal to show sadness, do your best not to get overly emotional when having discussions about divorce with your children. This can be upsetting and even frightening to younger children. If you need to get your own emotional needs met talk with a supportive friend, family member or counselor.
No matter the age of your children, reassure them that both parents are going to continue to be there for them. Parents should demonstrate this by presenting a united front and being ready and able to support their children through the transition.
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