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    <title>California Divorce and Family Law</title>
    
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    <id>tag:typepad.com,2003:weblog-278645</id>
    <updated>2009-03-11T10:30:23-07:00</updated>
    <subtitle>Insights into the law of divorce and family law matters</subtitle>
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        <title>Alimony--Using Craigslist to get out of paying?</title>
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        <id>tag:typepad.com,2003:post-63940597</id>
        <published>2009-03-11T10:30:23-07:00</published>
        <updated>2009-03-11T10:30:23-07:00</updated>
        <summary>Man offers to pay for someone to marry ex-wife Imagine sitting at your computer and you are browsing the classified ads on Craiglist and suddenly you come across the following ad: Nice well taken care of ex-wife. Mid 40's. Pretty...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><strong>Man offers to pay for someone to marry ex-wife</strong></p>

<p>Imagine sitting at your computer and you are browsing the classified ads on Craiglist and suddenly you come across the following ad:<br />
</p><blockquote><p>Nice well taken care of ex-wife. Mid 40's. Pretty and
loyal. Never smoked and very little drinking. Will make someone a good
companion (I know).... Will pay 10K to the man or woman who marries her
in a way that stops me from having to pay her alimony.</p></blockquote>

<p>There's the hitch. The man, trying to end his alimony
payments to his ex-wife, is offering to pay a potential suitor to marry
his ex-wife. Not being totally callous, the guy actually had some
"terms and conditions" for this transaction.</p><ul>
<li>1. This transaction offer only valid if she is not aware of it.</li>
<br /><li>2. Must treat her good, no abuse tolerated by me.</li>
<br /><li>3. This offer is null and void if it is determined to be illegal in any way -- I am not a lawyer.</li>
<br /><li>4. The end result must be that I am no longer liable to her for alimony and you make best effort to be good to her.</li>
<br /><li>5. This ad is not in any way intended to demean my ex-wife. She is a nice person and is a fine catch for anyone.</li>
</ul>

<p>OOPS. I think the cat's out of the bag on condition #1. With news of the post hitting newspapers,
she or some friends might find out. He might also have a problem with
condition #3. At least he did not want to "demean" his ex-wife in any
way--what a guy. </p>

<p>In most states, if you are paying alimony
to your ex, don't use this tactic to end the alimony. Not only will it
fall flat in front of the judge, but you can be assured your ex will
not find the humor in being marketed on Craigslist.</p><p>Big thanks to <a href="http://www.mississippifamilylawblog.com/2009/02/alimonyusing_craigslist_to_get.html">Mississippi Family Law Blog</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Dating 101: How to Tell When You're Ready to Commit</title>
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        <id>tag:typepad.com,2003:post-63335869</id>
        <published>2009-02-25T10:02:16-08:00</published>
        <updated>2009-02-25T10:02:16-08:00</updated>
        <summary>Eight key questions to ask your mate -- and yourself There is something exhilarating about taking the big leap from dating to becoming a permanent "item" and making that final commitment. But before you run off into the sunset with...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Remarriage" />
        
        
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<div xmlns="http://www.w3.org/1999/xhtml"><p style="font-size: 14px; font-family: Trebuchet MS;"><strong>Eight key questions to ask your mate -- and yourself</strong></p><div class="yperContentPara"><em>There
is something exhilarating about</em> taking the big leap
from <span style="font-family: Trebuchet MS;">dating</span> to becoming a
permanent "item" and making that final commitment. But before you run
off into the sunset with your mate, make sure that the time you choose
to commit is the right time -- and with the right person.<br /><br /></div><div class="yperContentPara">As
a
divorce attorney, I have found over the years that most couples who
wind up splitting do so because there are discrepancies or control
issues over what I term the "Big Six." These six categories include:
wealth/property and money; children; health, physical and mental;
growth, professional and personal; intimacy and loss of love; and fear,
both physical and emotional. I ask my clients to take a close look at
each of these categories to determine if there are major conflicts, not
only with his or her chosen mate but also conflicts within
themselves.<br /><br /></div><div class="yperContentPara">Have you found the right
person? Is it the right time? Here are eight key questions to ask your
mate -- and yourself. The answers will be very telling.<br /><br /></div><div class="yperContentPara"><em>1.
How do you believe we should spend our money and on
what?</em> If your mate says, "On fun stuff and we'll get
to the bills later," you better reconsider going the commitment route
until your mate grows up a bit. Most marriages and long-term
relationships break up due to stresses and squabbles over money. Splits
happen when a couple's values in spending and saving simply do not
match. Don't overlook this question. It is critical in determining
whether you or your mate are a match and whether you are both ready for
a mature relationship -- one that requires fiscal
responsibility.<br /><br /></div><div class="yperContentPara"><em>2. What are
your thoughts about starting a family?</em> If your mate
says, "This is not something I can even think about right now," do not
ignore that remark. It could be that your mate will put this decision
off longer than you wish or one day stand up and announce, "I've
decided against having children." You also need to be honest with
yourself. Do you want children? Let your mate know this up front. You
may also want to ask your mate about his/her point of view on how the
children should be raised. If there are huge discrepancies in this
department, there are bound to be serious problems down the
road.<br /><br /></div><div class="yperContentPara"><em>3. If I get sick,
how will you take care of me?</em> If your mate laughs off
such a question with, "How do I know? I'll figure it out then," you
should take that offhanded remark as a serious indicator that your mate
might not be grown up enough to handle your critical needs. There is a
way to test this one: How does your mate treat you when you get sick
with the flu? Also, if you know deep down that you would not have the
patience or fortitude to care for an ailing mate, be fair and let
him/her know of your concerns. Who needs someone in his/her life who is
only there for the good times?<br /><br /></div><div class="yperContentPara"><em>4.
Do you envision us growing old together?</em> If your mate
quips, "How the heck do I know, that is a long way off" or "I guess
so," neither answer should satisfy you. To suggest that you or your
mate is uncertain of your eventual fate together -- or cannot envision
those "golden" years as a couple -- should be a neon sign with bright
red lights that flash, "This may only be temporary." Commitments should
be thought of as permanent, not temporary.<br /><br /></div><div class="yperContentPara"><em>5.
Do you ever think about your ex?</em> If the answer from
your mate is "Well, I do sometimes," then you want to ask the next
question: "In what context?" If your mate shares stories about the fun they used to have together, this could
mean your mate is not over his or her last love. And what about you? Do
you still think about your ex? When? How? I highly recommend backing
off the commitment stage until you and your mate can safely say that
thoughts about your exes are fleeting or random.<br /><br /></div><div class="yperContentPara"><em>6.
Has your mate ever told you they scared a former mate in any
way?</em> If your mate's answer is something like "Well,
yeah, I scared my ex every time I became jealous or mad," step back and
think twice. Though your mate may think he/she is ready for a
commitment, it may not be the right time for one. If you have had
similar issues, the same may apply to you. Are you worried your mate
might cheat on you or keep secrets from you or inflict emotional or
physical harm on you? If the answer is yes, tackle this now, not after
you have made a commitment. Maybe you or your mate could benefit from
therapy, anger management, rehab, or other appropriate behavior
modification assistance.<br /><br /></div><div class="yperContentPara"><em>7.
Is your mate good at problem solving?</em> Does your mate
meet challenges head on and collaborate on solutions to problems, or
sweep issues under the rug? What about you? Are you mature enough to
approach your mate to say, "We have a problem. Let's find a solution to
it." How you handle problems together may well determine how long your
relationship will last.<br /><br /></div><div class="yperContentPara"><em>8.
How does my mate deal with a "screwup?"</em> Does my mate
place blame? Does my mate take responsibility for his/her actions? How
do I handle my mistakes? Do we both acknowledge our errors and resolve
to deal with them? If chronic, negative behavior persists in this area,
take a second look to decide if you two are a good match and if you are
ready to commit. It is not unusual, for instance, to have each partner
blame the other, which rarely accomplishes anything. Placing blame, or
finding fault, can only worsen once you are committed.<br /><br />Written by<em class="author"> Stacy D. Phillips and posted at <a href="http://dating.personals.yahoo.com/singles/relationships/24234/dating-101-how-to-tell-when-youre-ready-to-commit">Yahoo Personals</a>.</em> </div></div>
</content>


    </entry>
    <entry>
        <title>Picking the right divorce lawyer can help make the split less painful</title>
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        <id>tag:typepad.com,2003:post-62832945</id>
        <published>2009-02-13T15:04:34-08:00</published>
        <updated>2009-02-13T15:04:34-08:00</updated>
        <summary>Approximately half of all people who get married will end up getting divorced. A divorce can be a stressful and traumatic experience for men, women, children and for members of the extended family who are also impacted by the break...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce Attorneys" />
        
        
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<div xmlns="http://www.w3.org/1999/xhtml"><div id="story_text_top">
  <p> Approximately half of all people
who get married will end up getting divorced. A divorce can be a
stressful and traumatic experience for men, women, children and for
members of the extended family who are also impacted by the break up of
a marriage.</p><p>Having
the right attorney can alleviate some of the emotional sting and reduce
some of the stress which are integral parts of the divorce process.
Conversely, having the wrong kind of legal representation, can make an
already painful experience significantly worse for you and for your
loved ones.</p><p>Since I have counseled many people who are
considering a divorce or who are going through a divorce, and because I
have interacted with many attorneys who handle martial matters, I
thought a few suggestions on finding the right divorce lawyer could be
helpful to my readers: 


 
  </p><p>
  1. Select an attorney who specializes in family law.</p><p>If
you choose this kind of lawyer, it is likely that his or her office is
set up to deal with the forms and paper work which are part of the
divorce process. A law office which is automated to deal with divorces
will streamline the experience and save you time, money and stress.</p><p>2. Decide if you are more comfortable with a male or female attorney.</p><p>This is a personal choice, but I believe it is an important one for a person who is about to end his or her marriage.</p><p>3. Interview three or four lawyers and decide who seems most competent and determine who you feel most comfortable with.</p><p>Bring
a list of questions to your initial consultation and get a sense of the
lawyer's knowledge and his or her communication style. Check out their
websites before you meet with them. This should give you a sense as to
what their practice is like. You may also want to visit
www.martindale.com to get some more background information on lawyers
and law firms.</p><p>4. Choose an attorney who has practiced in the county where your case will be heard.</p><p>You
want a lawyer who knows the judges and the opposing attorney. If your
attorney has a good relationship with the other players, you can
benefit from their ability to work together.</p><p>5. Determine if you are more comfortable with a law firm or with an individual practitioner.</p><p>There are pros can cons to both.</p><p>6. Find an attorney who tries to settle things, but who is not reluctant to fight for you if things get nasty.</p><p>7. Talk to people who have been divorced.</p><p>See
who they recommend. It is unlikely that you will find someone who
thoroughly enjoyed the experience. However, you probably will find
someone who feels that their case was handled in an effective and a
pleasant manner. This is the kind of representation you want when you
are dissolving your marriage.</p><p>8. Negotiate with your lawyer and see if he or she will handle the entire process for a flat fee.</p><p>Some lawyers will work in this manner.</p><p>9. Don't spend money on battles that you cannot win, just to get back at your spouse.</p><p>10. If you feel you have made a mistake and hired the wrong lawyer, don't be afraid to switch attorneys.</p><p>This
can be cumbersome, but sometimes it is in your best interest to change
counsel, if you are not getting along well and if the process is going
poorly.</p><p>Originally from <a href="http://divorce360.com">divorce360.com</a> and printed in <a href="http://www.sanluisobispo.com/living/family_relationships/story/619430.html">SanLuisObispo.com</a>.</p></div></div>
</content>


    </entry>
    <entry>
        <title>'Can't afford' divorce in hard times....BUT</title>
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        <id>tag:typepad.com,2003:post-62521101</id>
        <published>2009-02-07T07:21:20-08:00</published>
        <updated>2009-02-07T07:21:20-08:00</updated>
        <summary>Financial problems often drive couples apart, but the nation's overwhelming economic crisis may be holding them together. "People simply can't afford to get divorced. They can't afford the legal fees; they can't afford having two separate places to live," said...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>
Financial problems often drive couples apart, but the nation's overwhelming economic crisis may be holding them together.
</p>

<p>
"People simply can't afford to get divorced. They can't afford the
legal fees; they can't afford having two separate places to live," said
Michele Weiner-Davis, a Colorado social worker and founder of
divorcebusting.com, an online community for couples considering ending
their marriages.
</p>

<p>"There are a lot of couples who decide they have to stay together
and have become motivated to do so," she said, adding that her own
practice is still busy.
</p>

<p>
Spouses who are divorcing are finding that the often-nasty experience is now even more contentious.
</p>

<p>"[Spouses] want to receive a certain amount of support and the other
will say they simply don't have enough money," said Michelle Thomas, a
divorce lawyer who works in the District. "Divorce has become more
contentious because there is less to divide. Then they are separating
and the pot has shrunk. It is hard for the other spouse to comprehend
that."
</p>

<p>Home values in the Washington area have declined 19.4 percent from a
year ago, according to the S&amp;P/Case-Shiller Home Price Index, and
the Dow Jones Industrial Average has fallen nearly 35 percent in the
same period, taking a huge chunk out of couples' home equity and
401(k)s. Job losses make the situation even more difficult.
</p>

<p>Divorce rates often fall in a bad economy. Statistics show divorces
declining in the District and at least two states - Kansas and
Connecticut - over the past three years. Up-to-date figures were not
available for Virginia and Maryland.
</p>

<p>"Most people don't want to wait on the mortgage," said Carolyn
Goodman, a divorce lawyer who works in the District, which has the
lowest divorce rate in the nation. "It is very hard to refinance right
now and many people are being forced to just stay on. That's where I
have seen the change. People may think twice about getting divorced and
just separate."
</p>

<p>
However, some may benefit from divorce in difficult economic conditions.
</p>

<p>
Cindy Hartwell,
a divorce lawyer in the wealthy Connecticut suburbs of New York, says
<strong>this can be an opportune time to divorce for the family breadwinner. <br /></strong></p><p>Read the entire article in the <a href="http://www.washingtontimes.com/news/2009/feb/06/cant-afford-divorce-in-hard-time-couples-stick-tog/">Washington Times.</a><strong><br /></strong></p></div>
</content>


    </entry>
    <entry>
        <title>Divorce Makes Women Look Older</title>
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        <id>tag:typepad.com,2003:post-62484881</id>
        <published>2009-02-06T09:30:06-08:00</published>
        <updated>2009-02-06T09:30:06-08:00</updated>
        <summary>Divorce is one of several factors now found to add years to a woman's face. Lots of things make us old. Previous research has shown smoking causes premature aging in men and women, literally etching the aging in their faces....</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>
Divorce is one of several factors now found to add years to a woman's face.
</p>
<p>
Lots of things make us old. Previous research has shown smoking causes premature aging in men and women, literally etching the aging in their faces. Other research has found that poor skin tone can add a decade to a woman's perceived age. 
</p>
<p>
In the new work, researchers photographed the faces of 186 pairs of
identical twins, mostly women, and asked them each a series of
questions about their life habits and medical backgrounds. Four other
people then reviewed all the photos and guessed the ages of each person.
</p>
<p>
Women who were divorced were judged to look nearly two years older than their siblings who were married, single or widowed, according to an article
at the The Los Angeles Times web site. The research was led by Bahman
Guyuron, chairman of the department of plastic surgery at University
Hospitals Case Medical Center, part of Case Western Reserve University.
It was reported in the journal <em>Plastic and Reconstructive Surgery</em>.
</p>
<p>
Only the results for women were released. Other factors that made one twin look older than a sibling:
</p>
<ul>
<li>Sun exposure</li>
<li>Smoking and alcohol use</li>
<li>Antidepressant use</li>
</ul>
<p>
Antidepressants may cause facial sagging, Guyuron speculated.
</p>
<p>
Interestingly, being heavier made those under age 40 look older, but
it made those over 40 look younger, Guyuron and colleagues report.
Previous research has suggested that a little weight — particularly in the cheeks
— looks good on people as they age. Predictably for a plastic surgeon,
Guyuron said his findings support "fillers" used in plastic surgery.
</p>
<p>
For those who prefer to keep the looks they're given, perhaps some
comfort can be found in the old adage "you're only as old as you feel."
A study in December found that older people tend to feel about 13 years younger than their chronological age. </p><p>Read more in <a href="http://www.livescience.com/health/090205-divorce-older.html">LiveScience.com</a></p></div>
</content>


    </entry>
    <entry>
        <title>In divorce, put focus on well-being of the kids</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/in-divorce-put-focus-on-well-being-of-the-kids.html" />
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        <id>tag:typepad.com,2003:post-62117710</id>
        <published>2009-01-29T13:06:19-08:00</published>
        <updated>2009-01-29T13:06:19-08:00</updated>
        <summary>Parental visitation important to building child's support system One in four children will experience the divorce or separation of their parents, and many will face serious adjustments. New homes and/or schools, and added financial pressures are all significant factors, but...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Child Custody" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span style="padding-top: 0px; padding-bottom: 0px; font-size: 17px; font-family: Trebuchet MS;">Parental visitation important to building child's support system</span></p><p>One in four children will experience the divorce or separation of their
parents, and many will face serious adjustments. New homes and/or
schools, and added financial pressures are all significant factors, but
critical to a child's ability to cope is the opportunity to have
regular access to both parents.</p><p class="article-body-paragraph">Communication is frequently an issue,
often resulting in wrong assumptions by one or both parents regarding
their children. Frustrated parents may refuse their children access to
the other parent, and/or the non-custodial parent may be inconsistent
in contacts with his or her children.</p><p class="article-body-paragraph">Unless
parental rights are revoked, denying a parent contact with his or her
children is illegal — even if he or she fails to pay child support.
Domestic violence or drug issues sometimes are involved. As long as a
child's safety is not threatened, he or she still can have contact with
a parent, even if third-party assistance is necessary.</p><p class="article-body-paragraph">Sometimes
children become "pawns" in parental battles. As parents seek to win,
their children frequently lose. By supporting their child's contact
with the other parent, adults validate the importance of that
relationship, and minimize the focus on their own hurts or frustrations.</p><p class="article-body-paragraph">Parents
can't control each other, and benefit most from focusing on what they
can control: their own attitudes and behaviors. When adults — even when
they feel disrespected — resist the urge to degrade the other parent in
front of children, they demonstrate integrity.</p><p class="article-body-paragraph">There
may be frustration with the other parent's lack of follow-through or
availability, and the pain that this causes for children. While making
disparaging comments should be avoided, adults should be careful not to
make excuses for parental irresponsibility.</p><p class="article-body-paragraph">Non-custodial
parents must persist in maintaining contact with their children, even
if the other parent makes it difficult or a child seems to push them
away. It may feel discouraging now, but perseverance generally pays off
with deeper parent-child relationships later.</p><p class="article-body-paragraph">Parents
should respect/honor the visitation schedule — both in showing up, and
by being on time to pick up and drop off children. They should avoid
making promises unless they can deliver on them.</p><p class="article-body-paragraph">Children
need structure and love. Parents should make time with them as "normal"
as possible, showing that they are more than simply a "Disneyland Dad"
/ "Magic Kingdom Mom," who constantly entertains. Kids feel safer and
grow up more confident with a healthy balance between clear
expectations and unconditional support.</p><p class="article-body-paragraph">More in the <a href="http://www.statesmanjournal.com/article/20090128/COMMUNITIES/901280303/1105">Statesmanjournal.com</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>"After my divorce, I lost touch with my daughters. Now that they're older, I'm desperate to reconnect with them" </title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/after-my-divorce-i-lost-touch-with-my-daughters-now-that-theyre-older-im-desperate-to-reconnect-with-them.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/after-my-divorce-i-lost-touch-with-my-daughters-now-that-theyre-older-im-desperate-to-reconnect-with-them.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-61719000</id>
        <published>2009-01-21T12:44:27-08:00</published>
        <updated>2009-01-21T12:44:27-08:00</updated>
        <summary>Dear Lesley, Do you think it is possible to reconnect with two daughters in their early twenties, from whom I have been estranged for at least five years? The trouble is that I have tried to put the past behind...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Children" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>
Dear Lesley,
</p>
<p>
Do you think it is possible to reconnect<strong> </strong>with two daughters in their 
 early twenties, from whom I have been estranged for at least five years? The 
 trouble is that I have tried to put the past behind me emotionally, and do 
 not want to open myself up to be hurt again. 
</p>
<p>
I'll try to summarise events. I divorced their mother when the girls were 12 
 and 14 because she was having an affair with a colleague and our home life 
 was a mess. The divorce itself was uncontested. I obtained joint custody, 
 bought a home and attempted to rebuild a relationship with my daughters. 
 Naively, I believed their mother would support me in this, but instead she 
 constantly disparaged me to my daughters and to others. Later I came to 
 learn that this phenomenon is called Parental Alienation Syndrome.
</p>
<p>
I attempted family counselling but my efforts were undermined, both by my ex 
 and by my daughters, who were getting out of hand. When they left school, 
 they both moved away to go to college and carried on seeing their mother, 
 but in all this time I have seen them only once. Over the years, I continued 
 to send them birthday and Christmas cards and occasional emails. However, 
 much as I wanted a good relationship with my daughters, I distanced myself 
 from them emotionally and financially. I was not willing to accept a 
 one-sided relationship, nor would I allow myself to be disrespected or used.
</p>
<p>
Recently, the door between my daughters and me has been opened slightly. But I 
 take the view that, much as I would like a relationship with them, I will 
 not attend any function at which their mother is present. I know this sounds 
 selfish and immature but I cannot describe the emotional damage this woman 
 has caused. My daughters have interpreted this attitude as a direct 
 rejection of them. Can you see any opportunity for me to have a meaningful 
 relationship with my daughters without changing my position? 
</p>
<p>
Ian
</p>

<p>
Dear Ian,
</p>
<p>
I have a picture in my head of you walking backwards from your daughters, 
 draped in silver crosses and garlic to ward them off. They are not vampires. 
 They are young women. It is very clear to me that you long for a good 
 relationship with them and I am going to encourage you in that. A short 
 answer to your final question is that I do see an opportunity for a 
 meaningful relationship with your daughters but I also think you have to 
 consider changing your position. You can drop some of the defensive control, 
 without opening yourself up to be badly hurt again.
</p>
<p>
It may surprise you to learn that I don't believe in happy endings. I am on 
 the side of Solon the Lawgiver, who famously said: "Call no man happy 
 until he is dead". He wasn't being gloomy, simply acknowledging the 
 fact that every human life is full of twists, turns and surprises. I am not 
 going to encourage you to believe that your family past can be completely 
 forgotten and that you can walk off into the sunset with a loving daughter 
 on each arm. Life is much more complex than that.
</p>
<p>
However, I do believe in redemption. I believe that human beings have the 
 ability to take a step back, adjust their behaviour and get different 
 results. I believe in the power of growing adults to mature and gain new 
 understanding. I believe that if you lower your expectations, lighten up and 
 take the long view, you can protect yourself from a lot of pain. I think you 
 are right to shield yourself as far as possible from the caprices of your 
 wife, but your daughters are still a work-in-progress, and so is 
 your relationship with them.
</p>
<p>
There is so much to gain here. Last week in this column, I published letters 
 from step-parents and stepchildren who testified to the reconciliations that 
 come with maturity. When your daughters find partners and have children of 
 their own, they will tap into mature emotions and may become more forgiving 
 themselves. They will certainly welcome the contribution of a loving and 
 tolerant grandfather. Your question is, how do you get to there from here?
</p>
<p>
You say that the door between yourself and your daughters "has been 
 opened slightly." I'm intrigued by the passive voice. Who opened it? 
 Was it you? Was it them? I have a picture of a half-open door with people 
 standing warily on either side of it, looking but not daring to step. 
 They've been hurt, too. When you say you won't be in the same room as their 
 mother, it looks to them as if you are putting your hurt feelings above 
 theirs. 
</p>
<p>
I don't know how you have been approaching the question of a meeting, but I 
 think it might be easier for everyone, and carry a lot less emotional 
 weight, if you were to start with something pretty small – a lunch, say. You 
 can't walk slap-bang into a meaningful relationship with them after so long 
 a gap, but you could manage an hour together –­ an hour in which you listen, 
 without preconceptions, to what is going on in their lives. An hour in which 
 you drop any attempt to be in control. An hour in which you take a deep 
 breath and acknowledge that you don't really know the girls (or girl – you 
 could do it one at a time) very well, and you need to observe the good in 
 them. You are the grown-up. You can afford to be patient.
</p>
<p>
If they want to bring their mother along, keep your cool and refuse gently. 
 Say something along the lines of, "Sweetheart, I can see why you'd want 
 to get your mother and me together, but we have a difficult history. Maybe 
 one day we'll be friends but, just for now, I'd like to catch up with you on 
 your own and get to know you a bit better. Let's take things slowly, one 
 step at a time."
</p>
<p>
What do you really know about them? Not a lot if your relationship rests on 
 birthday cards and the odd email, and your primary emotion is fear of being 
 used and exploited. I can see that they were difficult teenagers, but they 
 are young adults now. I repeat that you will build a much better 
 relationship with them if you meet without preconceptions.
</p>
<p>
And what is wrong with helping them out if they really need help? Nobody wants 
 to be exploited, but if, after an hour in their company, you pick up on the 
 fact that they need help furnishing an apartment or paying for education, 
 then offer to help if you can. It feels good. It's what fathers do – and it 
 reinforces what is good in them.
</p>
<p>
An easier relationship with your daughters won't happen overnight. But you 
 have the rest of your lives and, on a timescale like that, I do believe 
 miracles can happen. Who knows, a few years down the line you might even be 
 able, for your daughters' sake, to be in the same room as your ex-wife for 
 the length of a wedding or a christening. Once you have healed some of your 
 wounds, she won't be able to hurt you as she used to</p><p>By Lesley Garner at the <a href="http://www.telegraph.co.uk/health/healthadvice/lesleygarnerlifeclass/4291138/After-my-divorce-I-lost-touch-with-my-daughters.-Now-that-theyre-older-Im-desperate-to-reconnect-with-them.html">Telgraph</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Kids Keeping the Peace When Parents Divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/kids-keeping-the-peace-when-parents-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/kids-keeping-the-peace-when-parents-divorce.html" thr:count="4" thr:updated="2009-10-26T11:37:19-07:00" />
        <id>tag:typepad.com,2003:post-61562572</id>
        <published>2009-01-19T05:27:00-08:00</published>
        <updated>2009-01-19T05:27:00-08:00</updated>
        <summary>Today's New York Daily News has a headline that screams Madge's Lourdes Works a Miracle. No, Madonna's teenage daughter isn't healing the sick or parting the seas. According to the paper, what Lourdes has done is even more miraculous --...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Celebrity Marriages" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>Today's New York Daily News has a headline that screams <a href="http://www.nydailynews.com/gossip/2009/01/15/2009-01-15_madges_lourdes_works_a_miracle.html" onclick="s_objectID=&quot;http://www.nydailynews.com/gossip/2009/01/15/2009-01-15_madges_lourdes_works_a_miracle.html_1&quot;;return this.s_oc?this.s_oc(e):true">Madge's Lourdes Works a Miracle</a>.
No, Madonna's teenage daughter isn't healing the sick or parting the
seas. According to the paper, what Lourdes has done is even more
miraculous -- she's managed to make peace between divorcing duo Madonna
and Guy Ritchie.</p>
<p>A source tells the paper that 14-year-old Lourdes came the couple
begging, "Please don't be mean to each other." The teen told her mom
and Guy that she wanted everything to be as friendly as possible.
According to the source, Guy and Madonna have buried the hatchet and
are making every effort to make things as civil as possible for the
sake of the kids.</p>
<p>The fact that teenage Lourdes is managing to do what even divorce
lawyers can't is a definite sign of the times, according to
psychologist Cooper Lawrence. Cooper, author of "The Cult of Celebrity"
tells momlogic, "It's different now than when we were kids. The way
they parented us is different from the way parents raise kids today.
Today, kids are involved in every family decision from what car are we
going to buy to what kind of dog are we going to get. You can't have it
both ways -- you can't expect the child to be involved in family
decisions and then all of a sudden make a life changing decision and expect the child to have no say."</p>
<p>Cooper also adds that watching Lourdes take an active role in her
parents' divorce sends a powerful message to other children of divorce.
"Lourdes is a little girl who grew up with the paparazzi as part of her
public life. She has a public image and it matters what she says and
does. When she says be nice to one another it sends a different
message, it's influential to other kids."</p>
<p>But even so, Cooper cautions about having children act as peace
keepers in their parents divorce. She asks parents to be careful about
their behavior and warns that children should never be put in a
situation where they feel they need to step in to keep the peace. "The
children have nothing to do with the divorce. When you put the kid in
the middle you're screwing up your kid. It's cruel. Children learn from
your behavior and how you treat people."</p>
<p>As a rule, Cooper tells momlogic that parents need to keep the
arguments to themselves; no child should have to hear you badmouth,
fight or yell at each other. "Some kids take this stuff personally. You
don't want the kids to somehow think that the divorce is their fault --
and even if you say that it's not, if you continually bad mouth your ex
to the child, you're sending the message that somehow the child is
involved."</p>
<p>And above all, remember, although you want to be your child's
friend, you are first and foremost a parent. Don't use this as an
opportunity to talk about what went wrong in your relationship, that's
not a conversation any parents should have with a child. Cooper
explains, "Don't talk to the kids about the divorce except for
conversations about their own feelings. You have to reassure them that
it's going to be ok. Mommy and daddy might not love each other any more
but we both love you."</p><p>From <a href="http://www.momlogic.com/2009/01/kids_keeping_the_peace_when_pa.php">MomLogic.com</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Can Economy Also be Blamed for More Divorces?</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/can-economy-also-be-blamed-for-more-divorces.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/can-economy-also-be-blamed-for-more-divorces.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-61366728</id>
        <published>2009-01-14T11:42:56-08:00</published>
        <updated>2009-01-14T11:42:56-08:00</updated>
        <summary>Do tough economic times put extra strain on marriage? The experts say 'yes.' While therapists and counselors say business is up thanks to our sagging economy, some divorce attornies say their phones have also been ringing with a lot of...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>Do tough economic times put extra strain on marriage? The experts say 'yes.' </p><p>While
therapists and counselors say business is up thanks to our sagging
economy, some divorce attornies say their phones have also been ringing
with a lot of questions. </p><p>So, how are things going here in
Arkansas? The Natural State already has one of the highest divorce
rates in the country, only Nevada is higher on the list. </p><p>A
North Little Rock attorney we spoke with says while things are usually
quiet in his office the month of December, Arkansans are bucking the
trend this year. Boasting one of the highest marriage rates in the
country, people in Arkansas are obviously eager to "have and to hold
for better or for worse." </p><p>But unfortunately, some Arkansans aren't sticking to the "as long as we both shall live" part of the deal. </p><p>The divorce rate in the United States is 3.6 out of every thousand people. But in Arkansas, that number jumps to 6.1. </p><p><span style="font-size: 10pt; font-family: Arial;">Attorney Sam Hilburn says divorce proceedings are never easy, and he's been busier than usual in recent past.<br /></span> </p><p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: 10pt; font-family: Arial;"><br />"Generally
during the month of December, because of Christmas, people are more
reluctant to initiate or begin a divorce, and this particular year I
haven't seen much fall off from that or any hesitation to go ahead and
file for divorce,” Hilburn says.<br /></span></p><p class="MsoNormal" style="margin: 0in 0in 0pt;"><span style="font-size: 10pt; font-family: Arial;"><br />Hilburn says the sluggish economy and the troubles that come along with it could be to blame for marital discord.<br /></span></p><p><span style="font-size: 10pt; font-family: Arial;"><br />Obviously,
money causes all kinds of stress, but with the housing market in the
tank and people losing jobs, marriage could be more fragile than usual.<br /><br />From <a href="http://arkansasmatters.com/content/fulltext/news/?cid=171311">ArkansasMatters.com</a>.<br /></span></p></div>
</content>


    </entry>
    <entry>
        <title>Divorce the house before the spouse</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/divorce-the-house-before-the-spouse.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/divorce-the-house-before-the-spouse.html" thr:count="1" thr:updated="2009-08-19T21:04:07-07:00" />
        <id>tag:typepad.com,2003:post-61240190</id>
        <published>2009-01-12T12:57:08-08:00</published>
        <updated>2009-01-12T12:57:08-08:00</updated>
        <summary>Splitting up after years of marriage? Divorce your house, then your spouse. "If you're still linked through the house, than you're not really divorced," says Kelly Lise Murray, a Harvard-trained lawyer and Nashville real estate agent. That bit of advice...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Property Division" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>Splitting up after years of marriage? Divorce your house, then your spouse.</p><p>
"If you're still linked through the house, than you're not really
divorced," says Kelly Lise Murray, a Harvard-trained lawyer and
Nashville real estate agent. </p><p> That bit of advice goes against
the almost universal desire to hang on to the family home, especially
by the spouse who ends up with custody of the children. Indeed, the
courts almost always give special consideration to the parent who gets
the kids: Keep the kids, keep the house.</p><p id="story-body2"> But Murray, who describes herself as a "divorce
real estate advocate," says people tend to underestimate the "ghosts"
that go along with keeping the house. The place is often so filled with
memories, both good and bad, she says, that "it's not the family home
anymore. It's a huge lodestone."<br /><br /> People also tend to
underestimate the true cost of homeownership, so much so, according to
Murray, that the remaining spouse's ability to afford the place is
often drastically overstated.<br /><br /> Even in a friendly divorce, if
there really is such a thing, certain key expenses are either forgotten
or overlooked. Lawn care, homeowners' association fees, even the basic
costs of maintenance and upkeep are among the costs that are rarely
considered, either by the courts or the spouses.<br /><br /> Then there's
the even bigger issue of hidden debt. Ideally there will have been no
secrets between the husband and wife. But money is a major cause of
divorce, and in many cases, one spouse has no clue that the other one
has rung up big bills that have become undisclosed liens against the
property.<br /><br /> "I see it a lot," says Murray, whose goal is to
reform divorce law as it pertains to real estate, one state at a time.
"It's frequent. And what you don't know during your divorce can hurt
you long after the marriage is over."<br /><br /> Fortunately, a major
mistake is preventable—but only during your divorce, not afterwards. So
Murray's mantra is "more earlier," as in more due diligence and more
information from more financial and real estate experts, all much
earlier in the divorce process.<br /><br /> In most divorces, the spouses
determine what the house is worth, and the one who gives up the place
is usually given a credit of some sort for his or her half of the
equity the couple has in the place. Typically, the parties split the
difference based on an appraisal. So if an appraiser says the house is
worth, say, $300,000 and they owe $200,000, the "out spouse"—usually
the man—gives up his claim to his $50,000 equity stake for, perhaps,
$50,000 in stocks and bonds.<br /><br /> But along with that appraisal,
Murray says the "house spouse" should obtain an independent,
third-party inspection of the property to determine whether there are
any latent defects that could impact its value.<br /><br /> "You wouldn't
buy a house without an inspection, so why would you accept one in a
divorce without an inspection?" Murray asks. "What if something's wrong
or about to go wrong? You can use the inspector's report as a punch
list, and either use the marital assets to make the necessary repairs
or reduce the value of the property accordingly."<br /><br /> Make sure to
ask your inspector to estimate the remaining life of the property's
major appliances and systems. If something is on its last legs, you'll
want to know in advance so you can adjust for that as well. And while
you're at it, order a termite inspection—the damage those little
buggers cause is often significant.<br /><br /> The real estate divorce
specialist, whose book, "Divorce This House: When Keeping Your House
Equals Losing Your Divorce" ($19.95, divorceyourhousetoo.com) was
released in December, also wants the spouses to have two title
searches, one soon after the divorce process begins and the other
shortly before it's finalized.<br /><br /> The first will uncover any
unknown liens, encumbrances or clouds on the title that may have been
placed by one spouse without the other's knowledge. Often, there is—a
second mortgage, perhaps, or maybe a gambling debt that has become a
lien on the property. The second will uncover anything placed on the
title during the proceedings, such as a lien filed by the out spouse's
attorney to cover his fees.<br /><br /> Speaking of one spouse not being
totally honest and aboveboard with the other, it might not hurt,
either, to request a CLUE report from the company that insures your
home or directly from ChoiceTrust.com.</p><p>
The more people follow these guidelines, Murray believes, the more they
will end up selling the once-family home and moving on. </p><p>From the <a href="http://www.chicagotribune.com/classified/realestate/advice/chi-divorce-real-estate_chomes_0jan09,0,6952696.story">Chicago Tribune.</a></p></div>
</content>


    </entry>
    <entry>
        <title>US man wants value of kidney in divorce settlement</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/us-man-wants-value-of-kidney-in-divorce-settlement.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/us-man-wants-value-of-kidney-in-divorce-settlement.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-61065328</id>
        <published>2009-01-08T12:47:41-08:00</published>
        <updated>2009-01-08T12:47:41-08:00</updated>
        <summary>New York doctor donated kidney to wife in 2001 and is now demanding an estimated $1.5m, attorney says When his wife needed a kidney transplant, Dr Richard Batista gave her one of his, attorney Dominic Barbara said. Now that Dawnell...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Property Division" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><strong><span style="font-size: 15px; font-family: Trebuchet MS;">New York doctor donated kidney to wife in 2001 and is now demanding an estimated $1.5m, attorney says</span></strong></p><div id="article-wrapper">

	
			<p>When his wife needed a kidney transplant, Dr Richard Batista gave her one of his, attorney Dominic Barbara said.</p><p>Now
that Dawnell Batista has filed for a divorce, Richard Batista wants his
kidney back as part of his settlement demand. Or, Barbara said today,
his client wants the value of that kidney: An estimated $1.5m
(£993,000).</p><p>The case is being heard in Supreme Court in Mineola, New York.</p><p>Barbara
said his client, a 49-year-old doctor from Ronkonkoma who graduated
from Cornell University Medical School in 1995, married Dawnell Batista
on August 31 1990. The couple had three children, now ages 14, 11 and 8.</p><p>After
she had two failed transplants, Barbara said, his client donated a
kidney to his wife in an operation that took place at the University of
Minnesota Medical Centre on June 18 2001. Richard Batista said his
marriage at the time was on the rocks because of the strain of his
wife's medical issues.</p><p>"My first priority was to save her life,"
Batista said at a news conference in Garden City. "The second bonus was
to turn the marriage around."</p><p>Dawnell Batista, 44, of Massapequa, filed for divorce in July 2005, Barbara said.</p><p>Neither
she nor her attorney, Douglas Rothkopf, of Garden City, could
immediately be reached for comment. A receptionist at Rothkopf's office
said he was in court.</p><p>Medical ethicists agreed that the case is a
non-starter. Asked how likely it would be for the doctor to either get
his kidney back or get money for it, Arthur Caplan at the University of
Pennsylvania's Centre for Bioethics, put it as "somewhere between
impossible and completely impossible".</p><p>First and foremost, said
Robert Veatch, a medical ethicist at Georgetown University's Kennedy
Institute of Ethics, "it's illegal for an organ to be exchanged for
anything of value". Organs in the US may not be bought or sold.
Donating an organ is a gift and legally "when you give something, you
can't get it back", he said.</p><p>"It's her kidney now and ... taking
the kidney out would mean she would have to go on dialysis or it would
kill her," Veatch said.</p><p>Nor can you assign a subsequent monetary
value to an organ, Caplan said. "There's nothing later [you can get] in
terms of compensation if you regret your gift," he said.</p><p>What's
more, no reputable surgeon would perform such a transplant and no court
could compel a person to undergo an operation, he said.</p><p>From the <a href="http://www.guardian.co.uk/world/2009/jan/07/kidney-divorce-new-york">Guardian</a>.</p>
	
</div></div>
</content>


    </entry>
    <entry>
        <title>Custody of homes becoming main debate in divorce cases</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/custody-of-homes-becoming-main-debate-in-divorce-cases.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/custody-of-homes-becoming-main-debate-in-divorce-cases.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-60978582</id>
        <published>2009-01-07T06:30:00-08:00</published>
        <updated>2009-01-07T06:30:00-08:00</updated>
        <summary>Breaking up is hard to do and it can be even harder in a bad economy. Lawyers say divorce rates are dropping because people simply can't afford to part ways right now. Contact 13's Tricia Kean explains a new twist...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><font /><font color="#000000" size="2"><p>Breaking up is hard to do and it can be even harder in a bad economy. </p> <p>Lawyers say divorce rates are dropping because people simply can't afford to part ways right now. </p> <p>Contact 13's Tricia Kean explains a new twist in a classic custody battle. </p> <p>It was love at first sight when Marybeth Perrault found her dream home. </p> <p>"I thought I would retire here and knew that this was a house that we could raise the family in," said Marybeth.</p> <p>That was three years ago and now Marybeth and her husband have split and her dream home has become a nightmare. </p> <p>"Now I can't stand it. The house is heavily mortgaged," said Marybeth.</p> <p>Spouses used to fight to keep the house, often their biggest asset. </p> <p>Now, lawyers say it can be the hot potato that nobody wants. </p> <p>Attorney Gary Nickelson is President of the American Academy of Matrimonial Lawyers. </p> <p>He says it's the newest divorce dilemma. </p> <p>"Everybody
wants the asset that's worth something. Nobody wants the asset that's
not worth anything or has debt attached to it," said Gary.</p> <p>Neither Marybeth nor her husband could afford the house on their own, so she's living there. </p> <p>They put it on the market, but so far there are no takers. </p> <p>Divorce attorney Vikkie Ziegler says the current climate is forcing many couples to get creative. </p> <p>"I'll
allow one party to remain in the home, not pull the equity out, try to
come up with a financial package, and then perhaps when a child turns
18 or graduates high school, they'll sell it because the market perhaps
would be better," said Vikkie.</p><strong> </strong><p>Nickelson says he's even hearing stories of couples staying together after they're divorced. </p> <p>"'Well,
we can't get rid of the house, so I tell you what. We'll just live in
the house until times are better. You can take the upstairs and I'll
take the downstairs," explained Gary.</p> <p>Here is the Contact 13
bottom line if you are thinking about a divorce and fear your house
will be a big issue, experts say it's more important than ever to plan
things out. </p> <p>Talk to a mortgage broker, a financial advisor and a realtor. </p> <p>Before
selling take into account whether you or your ex can afford the
mortgage on your own and find out if you would qualify to refinance and
reduce the monthly payments.</p><p>From <a href="http://www.ktnv.com/Global/story.asp?S=9621657">Action News Las Vegas</a>.</p></font></p></div>
</content>


    </entry>
    <entry>
        <title>Money problems lead to busy week for divorce lawyers</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/money-problems-lead-to-busy-week-for-divorce-lawyers.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/money-problems-lead-to-busy-week-for-divorce-lawyers.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-60892522</id>
        <published>2009-01-05T08:54:07-08:00</published>
        <updated>2009-01-05T08:54:07-08:00</updated>
        <summary>The "double whammy" of Christmas and the credit crunch will make this week one of the busiest ever for divorce lawyers, experts said today. One in four people say their relationship is under strain because of money problems, according to...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>
The "double whammy" of Christmas and the credit crunch will make 
 this week one of the busiest ever for divorce lawyers, experts said today.
</p>

		<p>
One in four people say their relationship is under strain because of money 
 problems, according to a new survey.
</p>
<p>
Ironically, 11% of those polled say they are being forced to stay in a failing 
 relationship because the financial crisis means they cannot afford to leave.
</p>
<p>
Researchers for online advice centre InsideDivorce.com found almost two 
 million couples in Britain were suffering marital difficulties and 1.3 
 million people were considering splitting up.
</p>
<p>
The traditional New Year rush to end marriages after the stress of Christmas 
 means divorce lawyers brand today D-Day, or Divorce Day, kick-starting their 
 busiest week of the year.
</p>
<p>
And with 17% of divorced men blaming financial problems for the end of their 
 marriage, the credit crunch is putting extra pressure on relationships in 
 trouble.
</p>
<p>
Leading divorce lawyer James Stewart from Manches LLP said: "A stressful 
 Christmas is already often the final straw for marriages in trouble.
</p>
<p>
"The double whammy of Christmas and the credit crunch will make the first full 
 week of January one of the busiest ever."
</p>
<p>
Relate, the UK's largest provider of relationship support, said it had a 59% 
 surge in the number of calls to its centres over the festive period.
</p>
<p>
TakeLegalAdvice.com, a website which matches consumers with lawyers, also saw 
 enquiries about relationship difficulties soar over Christmas, up a third 
 compared to the same period last year.
</p>
<p>
"Christmas can be a nightmare for couples who are already experiencing marital 
 problems," said Derek Bedlow, the site's managing editor.
</p>
<p>
"Many think about divorce but the added pressures brought about by the 
 downturn may be the straw that breaks the camel's back."
</p>
<p>
Yet divorce creates its own financial problems, with one in three divorcees 
 falling off the property ladder or having to downsize as a result.
</p>
<p>
Two in five reported increased levels of happiness following their split - 
 though just 29% of men said they were happier, compared with 49% of women.
</p>
<p>
The survey's revelations about British relationships included the finding that 
 17% of marriages are entirely sexless - a potential trigger of infidelity, 
 cited by two in five (38%) people as key factor for divorce.
</p>
<p>
The other common reasons for splits were abuse (34%) and boredom, cited by 
 almost one in three (29%) people.
</p>
<p>
The survey also revealed that prenuptial agreements are still unusual, used by 
 just 2% of people who were divorced or married.
</p>
<p>
Nearly a third (28%) of those who had no agreement said in hindsight they 
 regretted the decision not to arrange finances before marriage.
</p>
<p>
The researchers surveyed 700 married, divorced, separated and cohabiting 
 adults across the UK. </p><p>From the <a href="http://www.belfasttelegraph.co.uk/news/local-national/money-problems-lead-to-busy-week-for-divorce-lawyers-14128821.html">Belfast Telegraph</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Breaking Up Is Harder to Do After Housing Fall</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/breaking-up-is-harder-to-do-after-housing-fall.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2009/01/breaking-up-is-harder-to-do-after-housing-fall.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-60705612</id>
        <published>2009-01-02T07:40:00-08:00</published>
        <updated>2009-01-02T07:40:00-08:00</updated>
        <summary>When Marci Needle and her husband began to contemplate divorce in June, they thought they had enough money to go their separate ways. They owned a million-dollar home near Atlanta and another in Jacksonville, Fla., as well as investment properties....</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>When Marci Needle and her husband began to contemplate divorce in June,
they thought they had enough money to go their separate ways. They
owned a million-dollar home near Atlanta and another in Jacksonville,
Fla., as well as investment properties.</p><p>Now the market for both houses has crashed, and the couple are left
arguing about whether the homes are worth what they owe on them, and
whether there are any assets left to divide, Ms. Needle said. </p><p>“We’re
really trying very hard to be amicable, but it puts a strain on us,”
said Ms. Needle, the friction audible in her voice. “I want him to buy
me out. It’s in everybody’s interest to settle quickly. That would be
my only income. It’s been incredibly stressful.”</p><p>Chalk up another victim for the crashing real estate market: the easy divorce. </p><p>With nearly one in six homes worth less than the mortgage owed on it, according to Moody’s,
divorce lawyers and financial advisers around the country say the
logistics of divorce have been turned around. “We used to fight about
who gets to keep the house,” said Gary Nickelson, president of the
American Academy of Matrimonial Lawyers. “Now we fight about who gets
stuck with the dead cow.”</p><p>As a result, divorce has become more
complicated and often more expensive, with lower prospects for money on
the other side. Some divorce lawyers say that business has slowed or
that clients are deciding to stay together because there are no assets
left to help them start over. </p><p>“There’s an old joke,” said
Randall M. Kessler, Ms. Needle’s lawyer. “Why is a divorce so
expensive? Because it’s worth it. Now it better really be worth it.” </p><p>In
a normal economy, couples typically build equity in their homes, then
divide that equity in a divorce, either after selling the house or with
one partner buying out the other’s share. But after the recent
boom-and-bust cycle, more couples own houses that neither spouse can
afford to maintain, and that they cannot sell for what they owe. For
couples already under stress, the family home has become a toxic asset.
</p><p>“It’s much harder to move on with their lives,” said Alton L.
Abramowitz, a partner in the New York firm Mayerson Stutman Abramowitz
Royer.</p><p> Mr. Abramowitz said he was in the middle of several cases
where the value of the real estate could not be determined. “All of a
sudden,” he said, “prices are all over the place, people aren’t
closing, and it becomes virtually impossible to judge how far the
market has fallen, because nothing is selling.”</p><p>For John and
Laurel Goerke, in Santa Barbara, Calif., the housing market crashed in
the middle of what Mr. Goerke said had been an orderly legal
proceeding. At the height of the market, Mr. Goerke said, they had
their house appraised at $2.3 million, which would have given them
about $1 million to divide after paying off the mortgage. But by the
time they sold last year, the value had fallen by $600,000, cutting
their equity by more than half.</p><p>“That changed everything,” said
Mr. Goerke, who is now nearly two years into the divorce process, with
legal and other fees of several hundred thousand dollars. “The prospect
of us both being able to buy modest homes was eliminated. The money’s
not there.”</p><p>Now, with both spouses living in rental properties,
their lawyers still cannot agree on what their remaining assets are
worth. Their wealth is ticking away at $350 an hour, times two. </p><p>“It’s got to end,” Mr. Goerke said, “because at some point there’s nothing left to argue about.”</p><p>For
other couples it does not have to end. Lisa Decker, a certified divorce
financial analyst in Atlanta, said she was seeing couples who were
determined to stay together even after divorce because they could not
sell their home, a phenomenon rarely seen before outside Manhattan.</p><p>“We’re
finding the husband on one floor, the wife on the other,” Ms. Decker
said. “Now one is coming home with a new boyfriend or girlfriend, and
it’s creating a layer to relationships that we haven’t seen before.
Unfortunately, we’re seeing ‘The War of the Roses’ for real, not just
in a Hollywood movie.”</p><p>Read the entire article at the <a href="http://www.nytimes.com/2008/12/30/us/30divorce.html?_r=1&amp;scp=2&amp;sq=divorce&amp;st=cse">New York Times</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Pads owner hires Goldman Sachs to help with sale</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/12/pads-owner-hires-goldman-sachs-to-help-with-sale.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/12/pads-owner-hires-goldman-sachs-to-help-with-sale.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-60186950</id>
        <published>2008-12-18T13:21:08-08:00</published>
        <updated>2008-12-18T13:21:08-08:00</updated>
        <summary>Padres owner John Moores has hired Goldman Sachs to search for a potential buyer as he goes through a divorce from his wife, Becky. "Goldman will look at offers and make recommendations," Moores said in an e-mail Monday to The...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Celebrity Marriages" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>Padres owner John Moores has hired Goldman
Sachs to search for a potential buyer as he goes through a divorce from
his wife, Becky.
</p><p class="inside-copy">"Goldman will look at offers and make
recommendations," Moores said in an e-mail Monday to The Associated
Press. "I have been told that, because these are difficult economic
times, I should be prepared for a wide range of interest and offers.</p>
<p class="inside-copy">"Needless to say, San Diego is a very attractive place to own a baseball team," he said.</p>
<p class="inside-copy">The hiring of Goldman Sachs was first reported by MLB.com.</p>
<p class="inside-copy">The owner didn't say what percentage of the team would be up for sale.</p><p class="inside-copy">John Moores, who made a fortune in computer
software, bought a controlling stake in the Padres for approximately
$80 million in 1994 from a 15-member group headed by TV producer Tom
Werner. Werner later became a co-owner of the Boston Red Sox.</p>
<p class="inside-copy">The Moores' reportedly own 90 percent of the
team. Because of community property laws in California, Becky Moores
shares 50 percent of that asset and must agree to any sale. Their
daughter, Jennifer, owns five percent and the other five percent is
owned by Glenn Doshay, a San Diego businessman, mlb.com reported.</p>
<p class="inside-copy">The Padres are going through a salary dump in
large part because of the divorce. They're trying to pare their player
payroll from about $72 million last year to around $40 million this
year.</p>
<p class="inside-copy">San Diego, which lost 99 games last year, has
tried unsuccessfully to trade ace Jake Peavy, who is due to make $11
million in 2009. San Diego shed $6.5 million by trading shortstop
Khalil Greene to St. Louis and pulled a $4 million offer to all-time
saves leader Trevor Hoffman.</p><p class="inside-copy">From <a href="http://www.usatoday.com/sports/baseball/2008-12-15-2153652640_x.htm">USA Today.</a></p></div>
</content>


    </entry>
    <entry>
        <title>Children and Divorce – 5 Parenting Tips for People Going Through a Divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/11/children-and-divorce-5-parenting-tips-for-people-going-through-a-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/11/children-and-divorce-5-parenting-tips-for-people-going-through-a-divorce.html" thr:count="2" thr:updated="2009-03-13T21:29:42-07:00" />
        <id>tag:typepad.com,2003:post-58415908</id>
        <published>2008-11-12T11:07:42-08:00</published>
        <updated>2008-11-12T11:07:42-08:00</updated>
        <summary>Dealing with a divorce is a daunting task indeed. Once you place children into the equation, the situation becomes even more difficult to handle for people who barely know what to do themselves. The purpose of this article, however, is...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Children" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p class="MsoNormal"&gt;Dealing with a divorce is a daunting task indeed.&lt;span&gt;&amp;#0160; &lt;/span&gt;Once you place children into the equation,
the situation becomes even more difficult to handle for people who barely know
what to do themselves.&lt;span&gt;&amp;#0160; &lt;/span&gt;The purpose of
this article, however, is to help you focus on what you should do when you
spend time with your children, both during and after the divorce process.&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;Remain Positive&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;Whatever you do, try your best not to let your children see
you fall apart, even if that’s what you want to do most.&lt;span&gt;&amp;#0160; &lt;/span&gt;Children don’t understand the complexities of
adult relationships and emotions, so there’s no need to burden them with
emotions they can’t handle.&lt;span&gt;&amp;#0160; &lt;/span&gt;Do your best
to keep things on a positive note; they are no doubt trying to do the same for
you.&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;Don’t Discuss the
Details&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;Again, there’s no reason to discuss the divorce with your
children, especially if they don’t ask you about it.&lt;span&gt;&amp;#0160; &lt;/span&gt;Never talk negatively about your spouse and
remember that your children still love them as much as they love you.&lt;span&gt;&amp;#0160; &lt;/span&gt;You should focus on the time you have
together and answer any questions they may have as neutrally and briefly as
possible.&lt;span&gt;&amp;#0160; &lt;/span&gt;There’s no need to burden them
with extra information that may change their perceptions of either party.&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;Enjoy Your Time
Together&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;When you have your children, make the time you spend
together quality time.&lt;span&gt;&amp;#0160; &lt;/span&gt;Do fun activities
that help you all bond and work together as a team.&lt;span&gt;&amp;#0160; &lt;/span&gt;Don’t let negative emotions get in the way or
prevent you from doing things as a family.&lt;span&gt;&amp;#0160;
&lt;/span&gt;Sure, things won’t be the way they used to be, but that doesn’t mean
that you need to give up either.&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;Don’t Change
Parenting Habits&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;More than during any other time, your children need you to
be consistent with them.&lt;span&gt;&amp;#0160; &lt;/span&gt;Don’t be afraid
to punish them; they still require discipline.&lt;span&gt;&amp;#0160;
&lt;/span&gt;Be the same parent you have always been and do your best to make sure
that you and your ex are still on the same page regarding routines and
punishments.&lt;span&gt;&amp;#0160; &lt;/span&gt;Just because your
relationship is over doesn’t mean your children’s needs should fall to the wayside.&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;Be Accessible and
Available for Your Children&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;

&lt;p class="MsoNormal"&gt;&lt;strong&gt;&lt;o:p&gt;&amp;#0160;&lt;/o:p&gt;&lt;/strong&gt;&lt;/p&gt;



&lt;p style="font-size: 13px; font-family: Trebuchet MS;"&gt;No matter what, you want your children to know that you are
going to be there for them when they need you.&lt;span&gt;&amp;#0160;
&lt;/span&gt;Don’t make things out to be worse than they are; no matter what, you
will always be their parent.&lt;span&gt;&amp;#0160; &lt;/span&gt;This time
in your children’s’ lives can have a huge impact on their future, so you want
to let them know that you are there for them whenever they need you.&lt;/p&gt;&lt;p style="font-size: 13px; font-family: Trebuchet MS;"&gt;This post was contributed by Kelly Kilpatrick, who
writes on the subject of a &lt;a href="http://www.criminaljusticeusa.com/criminologist.html"&gt;criminalist&lt;/a&gt;.
She invites your feedback at kellykilpatrick24 at gmail dot com&lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Divorce rates higher when child has ADHD</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/11/divorce-rates-higher-when-child-has-adhd.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/11/divorce-rates-higher-when-child-has-adhd.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-58134072</id>
        <published>2008-11-06T12:46:33-08:00</published>
        <updated>2008-11-06T12:46:33-08:00</updated>
        <summary>Parents of children with attention-deficit hyperactivity disorder (ADHD) may be more likely than other parents to divorce before their child's 8th birthday, a new study suggests. The study included nearly 500 couples - 286 had a child with ADHD and...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Children" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>Parents of children with attention-deficit hyperactivity disorder
(ADHD) may be more likely than other parents to divorce before their
child's 8th birthday, a new study suggests.<span id="midArticle_byline" /><span id="midArticle_0" />
  

</p><p>The study included nearly 500 couples - 286 had a child with ADHD
and 206 had a child without this condition. The researchers found that
couples with a child with ADHD were almost twice as likely to divorce
before their child turned 8 years old. After that age, however, divorce
rates were similar in both groups of parents.</p><p><span id="midArticle_1" />
  

</p><p>Past research has found that compared with couples with a child
without ADHD, parents of children with the disorder tend to argue more
often and be less satisfied with their marriage. But studies have come
to conflicting conclusions regarding the divorce rate.</p><p><span id="midArticle_2" />
  

</p><p>These latest findings, published in the Journal of Consulting and
Clinical Psychology, suggest that divorce may be more common in
families with young children affected by ADHD.</p><p><span id="midArticle_3" />
  

</p><p>"Families that 'survive' through that age, perhaps because they are
low on all of the risk factors, apparently will make it through the
rest of the child's childhood," Dr. William E. Pelham Jr., one of the
researchers on the study, said in a statement.</p><p><span id="midArticle_4" />
  

</p><p>Other factors associated with divorce in couples with a child with
ADHD included antisocial behavior in the father; a maternal and
paternal history of divorce; parent substance abuse; and depression in
the mother.</p><p><span id="midArticle_5" />
  

</p><p>It's also important for parents to realize that a child's ADHD alone
will not break up a marriage, according to Pelham, a professor of
psychology and pediatrics at the University of Buffalo, State
University of New York.</p><p><span id="midArticle_6" />
  

</p><p>"Certainly we are not suggesting that having a child with ADHD is
the only reason these marriages end in divorce," Pelham explained.
"Disruptive child behavior likely interacts over time with other
existing stress in the family to spark conflict in a marriage and,
ultimately, divorce."</p><p><span id="midArticle_7" />
  

</p><p>Unfortunately, he and his colleagues point out, children who already
have behavioral problems may have a particularly hard time dealing with
divorce. With this in mind, the researchers write, health professionals
who treat children with ADHD should try to routinely ask parents about
their marital relationship.</p><p><span id="midArticle_8" />
  

</p><p>They add, however, that divorce is sometimes the best option for couples having serious marital conflicts.</p><p>From <a href="http://www.reuters.com/article/healthNews/idUSTRE4A4B9P20081105">Reuters</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Love in stormy times</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/love-in-stormy-times.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/love-in-stormy-times.html" thr:count="2" thr:updated="2008-10-13T03:10:51-07:00" />
        <id>tag:typepad.com,2003:post-56186972</id>
        <published>2008-09-29T06:07:00-07:00</published>
        <updated>2008-09-29T06:07:00-07:00</updated>
        <summary>When the economy sours, unhappy couples often stay together out of financial necessity. But the unhappiness festers, leading to infidelity and other beastly behavior You can argue over it. But you can be soothed by it, too. It often motivates...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><h3 id="deck"><strong>When the economy sours, unhappy couples often stay
together out of financial necessity. But the unhappiness festers,
leading to infidelity and other beastly behavior</strong><br /></h3><div id="article" style="font-size: 100%;">





  	
    	
    		
   		
 	





	
 	
		



		
	



    

    
              
      

  
  	<p>You
can argue over it. But you can be soothed by it, too. It often
motivates you to be a better spouse. Sometimes all a little marital
tension needs is a nice, generous use of it. </p>
<p>No, not sex. Money. </p>
<p>Money can make relationships easier or more difficult, but is it
always dependent on how much there is of it to go around? What happens
when challenging economic times make money more scarce? </p>
<p>Quite a lot, it would appear. </p>	
		
			

			
        

			
        

			
			
        
        
  
        
          
            	
    
                
                  









 
 


	






		
                  
              
          
        
      
		
  
  
	
<p>Some divorce professionals see a reluctance to separate among
unhappy couples when the economy sours. Legal fees are prohibitive, as
is the cost of running two soon-to-be-separate households. Houses are
harder to sell in the current market, which makes the investment return
less certain. Inflation is high. Husband and wife hunker down together
to fight the wolf at the door, energized by a renewed sense of
survival, joint purpose and richer-for-poorer commitment. </p>
<p>Sorry, that last sentence is false. </p>
<p>Silly me, I must have been having a romantic moment to have even
considered the idea. I get all goose-bumpy about how hardship can bring
people together. If the United States is facing down the worst
financial crisis since the Depression, as many economists warn, you'd
think that people would break out M.F.K. Fisher's 1942 classic, <em>How to Cook a Wolf</em>,
and think up inspiring, plucky ways to raise their spirits and keep
their families intact and afloat, a buffer against the world. </p>
<p>But no. </p>
<p>"I haven't found that this kind of [economic] strain is a positive
thing. I haven't seen that it's a cause for reconciliation," observes
Deborah Mecklinger, a Toronto marriage counsellor and divorce coach. A
spouse who wants to separate may be held back by inopportune economic
times, but the unhappiness festers and often leads to "covert
behaviour," Ms. Mecklinger says. The would-be bolter may decide to have
a secret affair to get through the period until divorce is more
affordable. Call it the Recession Affair - it pays emotional dividends.
</p>
<p>And if thoughts of separation cannot be stuffed under the rug or
smothered in the embrace of a temporary lover, spouses react in one of
two ways, divorce experts say. They may work more closely together to
find a reasonable economic solution. Often, they decide not to
liquidate assets until the market has a chance to recover. The sale of
the marital home can also be put off. "Lots of people are converting
the basement into an apartment or an attic, and they figure that they
will live separately but together and won't incur the cost of a
separate household," reports Deborah Graham, a collaborative family
lawyer in Toronto. "Our advice to people is that it's not a viable
long-term solution - two years maximum. And we write in escape clauses
in their agreement." </p>
<p>But often, the wolf at the door can bring out the beast in the spouse. </p>
<p>"When things are tight, the pie is smaller. There are fewer
resources to spend [on legal bills] but couples end up spending more
because they are fighting for the fewer resources to be divided up.
It's a Catch-22," one family lawyer observes. </p>
<p>And then there's the all-important valuation date, or V-date, as lawyers commonly refer to it. </p>
<p>"We get calls, and the wife says, 'He wants to come back,' and I
say, 'Well, if he genuinely wants to try, have him agree in advance
that the valuation date won't change," says Philip Epstein, a leading
family lawyer at Epstein Cole in Toronto. "And then we'll see if he is
really interested in reconciliation or in just changing the V-date."</p>
<p>One of the most punishing aspects of divorce in turbulent economic
times is the valuation date - the point at which a financial snapshot
is taken of the marital assets for division. With the stock market on a
roller coaster, that can mean the difference between $100,000 in value
one month and $50,000 the next. If the V-date shows the value at
$100,000 but market conditions at the time of the division of assets
drive it down to $50,000, the higher valuation still stands. </p>
<p>In Ontario, the valuation date is fixed to the day of separation.
Judges rarely agree to readjust the value of assets on the V-date at
the Ontario Court of Appeal, even when there are wild swings in the
market. There is little room for judicial discretion. Which means that
the V-date can be a victory date for some spouses, if market conditions
are in their favour on the day they separate. </p>
<p>But the Ontario statute on the V-date can encourage devious
behaviour on the part of warring spouses. One way to change the V-date,
before a separation agreement has been reached, is to reconcile or
pretend to. When co-habitation resumes for a period of 90 days or more,
a new V-date is set. </p>
<p>"There are no depths to which the human mind can't sink," Mr. Epstein acknowledges ruefully.</p>
<p>In other provinces, there is a floating valuation date, which means
that parties have flexibility to agree on a date they deem economically
fair to both, and if not, they can argue the case in court, where
judges have greater discretion to reapportion family assets. Mr.
Epstein, who is also editor-in-chief of Reports in Family Law,
acknowledges that, "in Ontario, property trials are discouraged because
it is a fairly rigid system, but it is a scheme that works tremendous
unfairness in difficult economic times."</p>
<p>Even when spouses react compassionately to an economic crisis, such as a job loss, many come to regret their generosity.</p>
<p>"I have seen many cases in which the husband loses a job, and the
couple make a decision to postpone divorce in order to avoid the double
whammy," Ms. Graham says. Many middle-aged men start up a consulting
business from home, as job prospects dwindle for their age bracket.
Often those new ventures are not successful. "Years can go by, and at
some point, the wife, who has been employed outside the home, says, 'I
can't do this any more,' and she leaves, but now she has a big spousal
support obligation." </p>
<p>Ah, money and the Me Generation.</p>
<p>For better? For worse? I don't think so. The boomers have lived
through a sustained period of economic prosperity, and perhaps as a
result have never had the opportunity to experience how hardship can
engender a greater sense of commitment to each other.</p>
<p>Mr. Epstein explained it best when he offered his impression of how
a souring economy affects some people's decision to divorce: "[They]
say, 'I was prepared to put up with you when times were good, but not
now. If I am going to suffer, I'd rather suffer without you.' "</p><p>From the <a href="http://www.theglobeandmail.com/servlet/story/RTGAM.20080925.wlgenex25/BNStory/lifeFamily/home">Globe and Mail</a>.</p>
	
	
	
 
	

			</div></div>
</content>


    </entry>
    <entry>
        <title>Windsor, Ont., man claims wife stole winning lottery ticket before divorce filed</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/windsor-ont-man-claims-wife-stole-winning-lottery-ticket-before-divorce-filed.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/windsor-ont-man-claims-wife-stole-winning-lottery-ticket-before-divorce-filed.html" thr:count="1" thr:updated="2009-03-31T12:51:19-07:00" />
        <id>tag:typepad.com,2003:post-56186874</id>
        <published>2008-09-26T14:08:59-07:00</published>
        <updated>2008-09-26T14:08:59-07:00</updated>
        <summary>A 59-year-old Windsor, Ont., woman is being sued by her 81-year-old husband, who alleges she stole his $3.5-million winning lottery ticket before filing for divorce. In documents filed with the court, Gerald Moore alleges Patricia Moore conspired with family members...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Property Division" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>A 59-year-old Windsor, Ont., woman is being sued by her 81-year-old
husband, who alleges she stole his $3.5-million winning lottery ticket
before filing for divorce.</p><p>In documents filed with the court,
Gerald Moore alleges Patricia Moore conspired with family members to
deceive him and claim the prize in early April.</p><p>He claims his wife gave the ticket to her daughter from a previous marriage for her to cash.</p><p>The
lawsuit, which also names the Ontario Lottery and Gaming Corp., claims
Patricia Moore manipulated her husband's "medication for the purpose of
rendering him physically emotionally and psychologically incapable" of
understanding the situation.</p><p>The allegations have not been proven in court.</p><p>Patricia Moore - who the suit alleges was given $1.5 million of the winnings by her daughter - filed for divorce in August. </p><p>From the <a href="http://canadianpress.google.com/article/ALeqM5gWyk139x728oZQ78sD00VOWk9p2w">Canadian Press</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Divorce qualifies for capital gains exclusion</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/divorce-qualifies-for-capital-gains-exclusion.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/divorce-qualifies-for-capital-gains-exclusion.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-55496606</id>
        <published>2008-09-11T14:15:42-07:00</published>
        <updated>2008-09-11T14:15:42-07:00</updated>
        <summary>Q: I was told by a prominent accountant that there is a loophole in the law that states that you can be exempt from paying capital gains (if you are in a home less than the two-year period) if there...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Taxes" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><strong>Q</strong>: I was told by a prominent accountant that there is a
loophole in the law that states that you can be exempt from paying
capital gains (if you are in a home less than the two-year period) if
there are "unforeseen circumstances" involved. Are you aware of this?
At the time I was going through an "unforeseen" divorce.</p><p><strong>A: </strong>In general, in order to take advantage of the
up-to-$500,000 exclusion of gain ($250,000 if you file a separate tax
return), you have to own and live in the house for two out of the five
years before it is sold. But the law does allow a partial exclusion
under certain circumstances.</p>
<p>There are three "safe harbors," meaning that if you meet these tests
the IRS will not challenge you: 1) changing to a job that is at least
50 miles farther away; 2) major health problems; and 3) unforeseen
circumstances. In this third category, if you could not have
anticipated an event before you purchased your house, you may also be
able to claim a partial exclusion. </p>
<p>While this is fact-specific - and in many cases you will have to get
a special ruling from the IRS - there also are some safe harbors that
the IRS will recognize. These include: an involuntary conversion of
your house; natural or man-made disasters resulting in a casualty to
your home; divorce or legal separation; and multiple births resulting
from the same pregnancy. It would appear that you may qualify based on
your divorce.</p>
<p>The exclusion is equal to the number of days of use times the
quotient of $500,000 divided by 730 days. Note that 730 days is two
full years. If you are single - or do not file a joint tax return -
change the $500,000 to $250,000.</p>
<p>Your accountant knows what he is talking about, so you should ask
him to do the calculations. But I do not think he said that you can
escape all capital gains tax. </p><p>From the <a href="http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/08/30/RENB120T5S.DTL">San Francisco Chronicle</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Divorce Tips!</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/divorce-tips.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/divorce-tips.html" thr:count="1" thr:updated="2008-11-12T10:18:26-08:00" />
        <id>tag:typepad.com,2003:post-55381718</id>
        <published>2008-09-09T13:49:28-07:00</published>
        <updated>2008-09-09T13:49:28-07:00</updated>
        <summary>Maybe you have been thinking about it for some time. Maybe it is a sudden revelation. Perhaps your spouse has made the decision for you. Whatever the situation, it sends a shudder up and down your spine! Divorce is one...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce and Finance" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span class="keydeck14"><p> Maybe you have been thinking about it for
some time. Maybe it is a sudden revelation. Perhaps your spouse has
made the decision for you. Whatever the situation, it sends a shudder
up and down your spine! Divorce is one of life's most upsetting events.
Those who leave have different emotions from those who get left, but
the degree of turmoil is about the same. It is easy to get overwhelmed,
but working through an action plan and taking it step by step will help
you get through this painful time. </p> 
 <p> Firstly, create a cash plan for the separation period. A
divorce typically costs more and takes longer than you expect. Money
that previously used to support one household must now be stretched to
support two! On top of regular transportation, food and accommodation
costs, you now have an additional drain on your financial resources in
the form of court fees and legal fees. It is therefore important to
accumulate some cash reserves during this period. If possible, put some
money aside from your regular paycheque, into a bank account or money
market account in your own name. Do remember to reveal all your assets,
including your cash reserves, when you divide the assets, to make sure
your divorce agreement is valid. </p> 
 <p> Gather financial records e.g. tax returns, statements
for all assets and debts, land deeds, marriage certificates, pension
statements to name a few. Take an inventory of your safe deposit box.
Call a realtor for an estimate of worth on your home, cottage or
rental. For exact values call an appraiser. If you have a lot of
antiques, use an antiques or second-hand dealer to value your antiques
/ furnishings. Use the "Lemon" aid book or call your general insurance
broker to get an estimate of vehicle values. Remember to get your
pension valued by a professional pension valuator. Keep track of any
inheritances you may have received and keep it separate from family
assets. Make out a net worth statement for yourself and your spouse.
List all your assets firstly and then subtract all that you owe, to
calculate your net worth on the date of separation. This information
will be required by your lawyer and financial divorce specialist to
help along in this process. </p> 
 <p> Put together a team of specialists to help you. Your
divorce requires competent professional assistance and emotional
support. Money can be the most contentious issue in any separation or
divorce. It is vitally important for your future well being that the
financial settlement be as satisfactory as possible for all concerned,
both in the short and long run. A competent financial expert is
invaluable in this process. Financial professionals who have taken
advanced training in the area of divorce settlements are recognized as
Financial Divorce Specialists and use the designation FDS. The
Financial Divorce Specialist does not provide legal advice but can
evaluate and offer suggestions based on proposed financial settlements.
A divorce or family law lawyer will be able to provide you with the
legal expertise required. A mental health professional may be required
to provide you with a safe emotional outlet and expert guidance on
managing stress and parenting issues. Look at other options to resolve
your differences e.g. collaborative divorce, or mediation. Remember to
stay focused on the major issues and be prepared to give way on minor
items. </p> 
 <p> Get a copy of your credit report from the credit bureau.
Do not forget to inform creditors in writing that you are no longer
responsible for a debt (and include your separation or divorce decree
if you have it). Establish your own line of credit and get a credit
card in your name preferably when you are still together, so that you
don't get turned down when you are on your own. </p> 
 <p> Do make sure that you protect your support payments by
making ensuring you have insurance (life, disability, critical illness)
in place and that you are the registered owner of the policy. </p> 
 <p> Get a new will made and if you are considering a new
relationship do get a Pre-nuptial agreement signed. Use the expertise
of your financial divorce specialist to ensure that your financial
plans for the future are in your best interest. </p><p>From the <a href="http://www.ottawabusinessjournal.com/292580654639438.php">Ottawa Business Journal.</a></p></span></p></div>
</content>


    </entry>
    <entry>
        <title>Dividing up real estate during a divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/dividing-up-real-estate-during-a-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/09/dividing-up-real-estate-during-a-divorce.html" thr:count="4" thr:updated="2009-08-11T04:48:36-07:00" />
        <id>tag:typepad.com,2003:post-55093872</id>
        <published>2008-09-03T14:18:25-07:00</published>
        <updated>2008-09-03T14:18:25-07:00</updated>
        <summary>When a married couple who own a home decides to part ways, division of the residence and its equity can become one of the most contentious issues among those to be negotiated. Often, spouses are able reach an agreement on...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Property Division" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>When a married couple who own a home decides to part ways, division
of the residence and its equity can become one of the most contentious
issues among those to be negotiated. </p>
<p>Often, spouses are able reach an agreement on how to divide their
property equitably – ultimately saving time, curbing excessive attorney
fees and avoiding the pain that comes with a drawn out legal
proceeding. But if both parties cannot reach a peaceful arrangement,
the court will ultimately decide how the property will be divided, say
the experts. </p>
<p>The apportionment of real estate and other property in a divorce is
governed by state law, and, consequently, it differs from state to
state, says Joe Russo, broker with Docks Only Real Estate, Lake Norman, N.C.</p>
<p>"There is no 'usual' settlement in any divorce," he says. "Different
arrangements can be made, depending on what the parties agree to, as in
a prenuptial agreement." </p>
<p>When it comes to property division, most states fall within one of
two categories: community-property states and equitable-distribution
states. In the former, most property earned or acquired during the
marriage is shared equally between the two spouses, including a home.
In the latter, the court partitions the property in a fair and just
manner, depending on the decision of the judge and the laws of the
state. Courts in equitable distribution states have much discretion and
will examine multiple factors when deciding what is a fair and
equitable division of the property, including the length of the
marriage, each spouse's earning capacity, the contribution of either
spouse in obtaining the home, and each party's health and age. </p>
<p>Other key circumstances, such as the presence of any minor children
and when the home was bought, can significantly affect how the home
will be divvied up by the court. Typically, if the residence was
purchased during the marriage and the husband and wife have no minor
children, the judge will partition the property equally between the
spouses. </p>
<p>One way this is done is to set off one spouse's interest in the home
with other property. For instance, the wife will get the house, while
the husband may receive other property worth the equivalent of the
home. In many cases, the court may determine it best to force a sale of
the home and apportion the proceeds between both parties. </p>
<p>"Usually, both spouses share the equity in the house," says Elinor Robin<span style="font-family: Trebuchet MS;">,</span> Ph.D, a divorce mediator in Boca Raton, Fla.
"They may share it at the time of divorce or they may set a time limit
– for instance, three years – during which time the home will be sold
and the equity shared." </p><p>Read more at the <a href="http://www.nydailynews.com/money/2008/09/02/2008-09-02_dividing_up_real_estate_during_a_divorce.html">New York Daily News.</a></p></div>
</content>


    </entry>
    <entry>
        <title>Seven Myths of Divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/08/seven-myths-of-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/08/seven-myths-of-divorce.html" thr:count="1" thr:updated="2008-08-27T12:53:13-07:00" />
        <id>tag:typepad.com,2003:post-53626878</id>
        <published>2008-08-01T10:54:50-07:00</published>
        <updated>2008-08-01T10:54:50-07:00</updated>
        <summary>Myth 1: Most men cheat on their wives. Actually, the best designed study to date indicates that nearly 80% of men report that they have never cheated on their wives. Myth 2: Most divorcing women are jilted by their husbands....</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 1:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;Most men cheat on their wives.&lt;/strong&gt;&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;Actually, the best designed study to date indicates that nearly 80% of men report that they have never cheated on their wives.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 2:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;Most divorcing women are jilted by their husbands&lt;/strong&gt;.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;Many
studies have corroborated that the great majority of divorces (two
thirds to three quarters, depending on the study) are initiated by
women. This makes sense because numerous studies indicate that men are
generally happier being married than are women, they report less
marital frustration and dissatisfaction, and are less likely to
consider the option of divorce.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 3:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;Women bitterly regret divorce.&lt;/strong&gt;&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;Most
divorced women do not regret divorcing. Moreover, divorced women are
generally happier than divorced men. And one large study suggests that
many middle-aged women become happier after their divorce. These women
showed an increase in positive self-image and self-esteem and were
inspired by their divorce to gain more control of their lives. Many
enjoyed sex more after their divorce.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 4:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;Women emerge from divorce more emotionally scarred and psychologically damaged than do men.&lt;/strong&gt;&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;This
is generally not true. Not only are divorced women happier than
divorced men, but they are better off emotionally too. In study after
study they consistently outscore divorced men on psychological tests to
assess emotional health and well-being.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 5:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;Ex-spouses are highly antagonistic toward one another, even to the point of acting unethically.&lt;/strong&gt;&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;Divorced
couples, of course, vary widely in the civility of their interactions.
But about half of divorced men and women even describe their
relationship with their ex-spouse as friendly or cooperative.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 6&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;: &lt;strong&gt;Most divorced men can remarry while most divorced women cannot.&lt;/strong&gt;&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;It
is true that divorced women are less likely than divorced men to want
to remarry (after all, they are happier than the men with being
divorced). But both groups do remarry at very high rates--and soon.
About 80% of divorced men and 75% of divorced women remarry whether or
not they have children, and most do so within three years.&lt;/span&gt;&lt;/p&gt; &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;; color: #c00000;"&gt;Myth 7:&lt;/span&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt; &lt;strong&gt;The economic consequences of divorce devastate women more than men.&lt;/strong&gt; &lt;/span&gt;&lt;/p&gt;  &lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;Women
are generally worse off financially in the years immediately following
a divorce. This has less to do with divorce than with the fact that
women generally make less money than men.&lt;/span&gt;&lt;/p&gt;&lt;p style="text-align: justify;" class="MsoNormal"&gt;&lt;span style="font-size: 10pt; font-family: &amp;quot;Verdana&amp;quot;,&amp;quot;sans-serif&amp;quot;;"&gt;From the &lt;a href="http://www.independent.co.ug/index.php?option=com_content&amp;amp;task=view&amp;amp;id=742&amp;amp;Itemid=2936"&gt;Independent.&lt;/a&gt;&lt;br&gt;&lt;/span&gt;&lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Fed up with gossip, British millionaire posts details of his divorce settlement on the Web</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/07/fed-up-with-gossip-british-millionaire-posts-details-of-his-divorce-settlement-on-the-web.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/07/fed-up-with-gossip-british-millionaire-posts-details-of-his-divorce-settlement-on-the-web.html" thr:count="1" thr:updated="2008-07-24T08:19:20-07:00" />
        <id>tag:typepad.com,2003:post-53017296</id>
        <published>2008-07-21T09:43:04-07:00</published>
        <updated>2008-07-21T09:43:04-07:00</updated>
        <summary>Businessman Gary Dean was sick of the gossip. He found that following a divorce from his wife of almost 20 years, local rumormongers had branded him a cheapskate. So he took the unusual step of posting details of his divorce...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p&gt;Businessman Gary Dean was sick of the gossip. He found that
following a divorce from his wife of almost 20 years, local
rumormongers had branded him a&amp;nbsp;cheapskate. 
&lt;/p&gt;&lt;p&gt;So he took the unusual step of posting details of his divorce
settlement on the Internet, allowing neighbors and strangers alike to
learn of the luxury cars, expensive jewelry and 3.7 million pounds
(US$7.4 million) in cash awarded to his former wife,&amp;nbsp;Helen.&lt;/p&gt; 
&lt;p&gt;"Over the course of the last year I have been subject to gossip
about my divorce, some of it just silly tittle-tattle, and some of it
malicious," Dean, 47, wrote on the site, &lt;a&amp;nbsp;href="http: www.deandivorce.com=""&gt;&lt;p&gt;http://www.deandivorce.com.&lt;/p&gt;&lt;/a&amp;nbsp;href="http:&gt;&lt;/p&gt; 
&lt;p&gt;Dean said he had been depicted by some as a "greedy, tight, ruthless" man "who abandoned my wife and&amp;nbsp;children."&lt;/p&gt; 
&lt;p&gt;"It's simply not true at all and I've decided that instead of
allowing the rumor mill to continue churning out nonsense, I'd just set
out the actual facts to stop it," Dean&amp;nbsp;wrote.&lt;/p&gt;&lt;p&gt;Divorce hearings in Britain are held in private, and the details of
settlements rarely become public. When Paul McCartney and Heather Mills
divorced earlier this years, the judge took the unusual step of
revealing details of the US$50 million settlement to appease intense
press and public hunger for&amp;nbsp;information.&lt;/p&gt; 
&lt;p&gt;Details of the Deans' divorce, settled at a court in Preston,
northwest England, in July 2007, show that Gary Dean agreed to pay his
wife a lump sum of 3.7 million pounds, plus 15,000 pounds (US$30,000) a
year for each of their four children until they are&amp;nbsp;17.&lt;/p&gt; 
&lt;p&gt;His wife also got to keep all her jewelry, diamonds and watches, a
Mercedes E500, an Audi convertible and the personalized license plates
7HD and&amp;nbsp;10HD.&lt;/p&gt; 
&lt;p&gt;The site also provides a description of the couple's comfortable
lifestyle, which included "two or three holidays a year on average in
high-class&amp;nbsp;hotels."&lt;/p&gt; 
&lt;p&gt;"I take no joy in setting this all out here," wrote Dean, a
publishing and advertising millionaire who lived with his wife and
family in the village of St. Michaels, northwest&amp;nbsp;England.&lt;/p&gt; 
&lt;p&gt;"I'd rather it be unnecessary, but if it stops the gossip, the
sneering looks and the seriously defamatory comments being made about
me it will have been worth&amp;nbsp;it."&lt;/p&gt; 
&lt;p&gt;He told Friday's edition of The Times newspaper that being a
millionaire in a small community had made him something of a
local&amp;nbsp;celebrity.&lt;/p&gt; 
&lt;p&gt;"If I lived in a city like London, Manchester or Birmingham, where
there are a lot of wealthy people, the type of money I have earned
would mean nothing," he said. "When you live in a small area it's
almost like living in a goldfish&amp;nbsp;bowl."&lt;/p&gt;&lt;p&gt;From the &lt;a href="http://www.iht.com/articles/ap/2008/07/18/europe/EU-Britain-Divorce-Details.php"&gt;International Herald Tribune.&lt;/a&gt;&lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>ABC, NBC Say Economy Is Having Opposite Effects on Divorce Rates </title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/07/abc-nbc-say-economy-is-having-opposite-effects-on-divorce-rates.html" />
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        <id>tag:typepad.com,2003:post-52838754</id>
        <published>2008-07-17T11:46:34-07:00</published>
        <updated>2008-07-17T11:46:34-07:00</updated>
        <summary>NBC says economy is keeping marriages together; ABC says it's splitting them up Only on the network news could one culprit – the economy – be blamed for both a rise and a fall in divorce rates. But in one...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span style="font-size: 15px;">NBC says economy is keeping marriages together; ABC says it's splitting them up

</span></p><p>Only on the network news could one culprit – the economy – be blamed for both a rise and a fall in divorce rates. But in one week, NBC and ABC managed to do just that.

 

   </p><p>NBC “Today” co-host Natalie Morales reported July 11 that divorce rates are down because the “troubled” economy is forcing people to stay together for financial reasons.

 

   </p><p>Just six days later, “Good Morning America” anchor Chris Cuomo reported that divorce rates are up because the bad economy is tearing couples apart.
</p><p>“Bad economy, could it be bad news for marriages? Well if you start asking the divorce attorneys, they say yes. In New York, one attorney says 20 percent surge in divorce filings since the news on Wall Street,” Cuomo said on the July 17 show, adding that “money in marriages is always an issue.”

 

   </p><p>The graphics read “Is rough economy bad for love?” That was following ABC reporter Deborah Roberts’s introduction of the segment where she said “declining stocks could mean soaring divorce rates.”

 

   </p><p>The ABC cast discussed the causes for the high divorce rates and insinuated that people on Wall Street marry for money. ABC weatherman Sam Champion was put off by his vision of a supposedly calloused Wall Street attitude of, “Well, if we don’t have the money I’m out.”

 

   </p><p>Roberts added, “But you’re also talking about a certain segment of the population. Wall Street folks, and not to paint them all with a broad brush, but a lot of people who maybe did get into this thing for money.” Cuomo, meanwhile, came up with the simplest explanation for the high divorce rates (according to ABC): “Money corrupts.”

 

  </p><p>ABC’s report ran in complete contrast to the “Today” report on NBC July 11. “[W]hile the price of divorce normally doesn’t run that high, there is evidence the troubled economy is forcing some troubled couples to stay together, at least for the time being,” Morales said on “Today” July 11.

 

   </p><p>Farnoosh Torabi, a correspondent for the financial Web site TheStreet.com, explained that, “for example, we’ll take the Miami-Dade County – for example – in south Florida. They had an 18 percent drop-off in divorce filings from January to May of this year, compared to the same period last year…[I]ncidentally, also in that same area, real estate prices have fallen 20 percent.”</p><p>From the <a href="http://www.businessandmedia.org/articles/2008/20080717104138.aspx">Business and Media Institute</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Time sharing tips for single parents</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/07/time-sharing-tips-for-single-parents.html" />
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        <id>tag:typepad.com,2003:post-52365472</id>
        <published>2008-07-07T13:24:06-07:00</published>
        <updated>2008-07-07T13:24:06-07:00</updated>
        <summary>It takes effort for divorced parents to avoid fighting and snooping. Too many parents fight over the details of child sharing and forget to focus on what is really important, the child's needs and feelings. Unfortunately, it seems to be,...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Child Custody" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;h2&gt;It takes effort for divorced parents to avoid fighting and snooping.&lt;span style="font-size: 9px;"&gt;&lt;/span&gt;&lt;br&gt;&lt;/h2&gt;&lt;p&gt;Too many parents fight over the details of child sharing and forget
to focus on what is really important, the child's needs and feelings. &lt;/p&gt;&lt;p&gt;Unfortunately,
it seems to be, "You are getting more time than I am" or "You are
inconveniencing me." Translated to the child: "I am a lot of trouble to
my parents."&lt;/p&gt;&lt;p&gt;Conscientious divorced parents find that they want
to make sure their child is comfortable with their time sharing plan,
but aren't sure how to make it easier as the child is passed back and
forth between households.&lt;/p&gt;&lt;p&gt;The following tips are those which parents have found helpful as they share their child:&lt;/p&gt;&lt;p&gt;•Set
up a regular schedule and make a calendar at each house, no matter how
young the child is, to show when it's mom's day and when it's dad's
day. Then the receiving parent stays at their home and the parent who
has just had the child brings the child to the other parent's home. &lt;/p&gt;&lt;p&gt;A
few minutes before the child is about to leave for the other parent's
home, you can cheerfully mention it's almost time to get ready to go
home to see mom.&lt;/p&gt;&lt;p&gt;Mom can do the same, saying, "Dad's going to be so glad to see you when you get home to his house." &lt;/p&gt;&lt;p&gt;•For
mothers and fathers who have a difficult time with phone conversations,
many parents make a habit of keeping a spiral notebook, which gets
passed back and forth between houses. &lt;/p&gt;&lt;p&gt;In this diary-type
notebook, they note such things as: "Got a good behavior sticker from
his teacher today." "Fell off his bike and skinned his knee." "Didn't
want to take a bath again, so I tried giving him stickers for each time
he didn't whine when it was bath time. That seems to be working." &lt;/p&gt;&lt;p&gt;The point is communication about your child, and letting the child know you two are talking about her and care about her. &lt;/p&gt;&lt;p&gt;By
sharing their experiences with their children in this way, parents know
what happened during their non parenting time. Funny things the child
did can also be shared between parents. Other parents set aside 10
minutes a week, when the child isn't around and go over things the
child may need. Others are able to phone each other when issues come up
about their child's schedule at school, or colds or illness. &lt;/p&gt;&lt;p&gt;•Other
successful tips include keeping a picture of the other parent in the
child's room; allowing a nightly phone "Good Night" kiss with the other
parent; being flexible with the other parent when there is a family
event or visit from an out of town relative on their parenting time. &lt;/p&gt;&lt;p&gt;What not to do in timesharing? &lt;/p&gt;&lt;p&gt;Don't
pump your child for information about the other parent's life or
lifestyle. It isn't your business. If you really want to know
something, pick up the phone and clear up your child's comments with a
simple question or two. &lt;/p&gt;&lt;p&gt;Suppose your child comes home and says,
"Dad left us alone while he was outside with his girlfriend." A
4-year-old may not realize that dad simply went outside, got something
from his girlfriend's car, and came right back into the house. To the
4-year-old, the time period may have seemed like an hour. &lt;/p&gt;&lt;p&gt;Check
things out with the other parent, it will relieve your mind and keep
lines of communication open as you build your child's future with happy
childhood memories, rather than memories of his parents' fights. &lt;/p&gt;&lt;p&gt;From the &lt;a href="http://www.ocregister.com/articles/child-time-parents-2084200-parent-home"&gt;Orange County Register&lt;/a&gt;.&lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Some ex-wives have to pay 'manimony'</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/some-ex-wives-have-to-pay-manimony.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/some-ex-wives-have-to-pay-manimony.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-51951476</id>
        <published>2008-06-27T09:32:46-07:00</published>
        <updated>2008-06-27T09:32:46-07:00</updated>
        <summary>When Susan Harris divorced her husband of five and a half years last December, she got the apartment, extra closet space and the covers all to herself. Her ex? He got $37,440. That money is being doled out in 48...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Spousal Support" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>When Susan Harris divorced her husband of five and a half years last
December, she got the apartment, extra closet space and the covers all
to herself.</p><p> Her ex? He got $37,440.</p><p> That money is being doled out in 48 monthly alimony payments. Or, as it's called in some circles, "manimony."</p><p>
Over the course of the couple's marriage, Harris, 31, who makes more
than $100,000 working in ad sales in Alameda, California, brought in
more than two-thirds of the household income, while her ex-husband (who
declined to comment for this article) worked toward becoming a
credentialed teacher.</p><p> The couple had no children or joint
property other than a rental apartment. When things started getting
rocky in the relationship around year two, Harris was loath to end
things, partially because she was concerned that she'd be obligated to
continue supporting him financially, even though he was employed.</p><p>
Her concerns were well founded. Legally - under state laws - both women
and men are entitled to alimony if there's a large discrepancy in
spousal income.</p><p> However, that doesn't mean men seek alimony.</p><p>
"Thirty-three percent of higher-earning spouses are women, but fewer
than four percent of alimony payers are women," says Ned Holstein,
president of Fathers &amp; Families, a family-court reform organization
in Boston, citing U.S. Census Bureau data.</p><p> <strong>Finances of marriage</strong></p><p>
For most of the history of marriage, money changed hands before the
ceremony, often in the form of dowries. But as divorce started to
become more common in the 1900s, so did post-separation monetary
agreements.</p><p> "Traditionally, marriage was a financial
arrangement. Joining hands in marriage meant joining bank accounts, and
bank accounts were largely in the hands of men," says Roderick
Phillips, a professor of history at Carleton University in Ottawa, and
author of "Untying the Knot: A Short History of Divorce."</p><p> "The
trend in the 20th century has been to allow women to recover what they
had before the marriage and to compensate them for anything they
sacrificed during the marriage," says Phillips.</p><p> The Uniform
Marriage and Divorce Act of 1970 gave men as well as women the right to
ask for alimony. Up until the 1980s, however, there were only a handful
of cases in the U.S. in which a woman was ordered to give money to her
spouse in a divorce case. However, "in recent years there's been a
greater movement towards gender equality," says Phillips.</p><p> <strong>'I'm a man! I can take care of myself'</strong></p><p> Some husbands have settled for increased custody instead of going to the mat for money, says Holstein.</p><p>
"I hear a lot of men say, 'She earns way more than I do, but I wasn't
going to ask for alimony because I get the kids 40 percent of the time
and I don't want to rock the boat.' Then there are a lot of men who are
just ashamed to ask for it."</p><p> Nancy Chemtob, a divorce attorney
and a founding partner of Chemtob Moss Forman &amp; Talbert, a New York
City law firm that focuses on divorce, family and matrimonial law,
agrees. "Men don't brag about it, and women aren't proud of it."</p><p>
"I think men are chided for not making money and women are not. It's
not even brought up if a woman in court says she is not working. Where
if it is a man, it's brought up, says Chemtob. "The law is equal,
but... the mentality isn't."</p><p> Mark Berlin, 45, an office manager
at Office Depot in Chicago, was awarded $250 a month in alimony on top
of $925 a month in child support when he divorced the mother of his two
sons in 2005.</p><p> "I didn't really even want the alimony, but she
made more than me and [the court] said that's what she had to pay,"
says Berlin. He puts the payments, which will continue through 2010,
into college savings for his kids.</p><p> "I do think that there
shouldn't be discrimination against one sex or the other, says Berlin.
"Still, when I first realized she was going to be paying me, I felt
very embarrassed. I felt like, 'I'm a man! I can take care of myself!'"</p><p> <strong>Changing times, changing attitudes</strong></p><p>
Not all women resent paying money to their exes -- and not all men feel
uncomfortable being on the receiving end. As the number of alimony
cases increases, attitudes are gradually beginning to change.</p><p>
Jeffrey Leving, an Illinois divorce lawyer and author of the book
"Fathers' Rights" attributes a rising trend in women paying spousal
support in part to an increased number of fathers serving as primary
caregivers.</p><p> "I also think that there are more men wanting to
function as the sole parent and raise children than ever before," says
Leving. "It's becoming more socially acceptable for men to be primary
parents."</p><p> Chemtob says close to one-tenth of her clients are
women who pay alimony to their exes. "When I first started 14 years
ago, that number was zero," she says.</p><p> For the last two years
Alexis Martin Neely, a family lawyer and author of the financial
planning guide "Wear Clean Underwear," has paid her ex-husband between
$1,300 and $2,000 a month in alimony -- in addition to child support.
During their six-year marriage, he was a stay-at-home dad. Currently he
is unemployed and has custody of the children half the time.</p><p>
"I'm grateful to be able to support him being able to spend time with
the kids," says Neely, who is 34 and lives with her two children in
Hermosa Beach, California. "It's just money -- I can always make money.
But I see people embroiled in conflict for years of their life, and
that's something you can't ever get back."</p><p>Read it all at <a href="http://www.cnn.com/2008/LIVING/personal/05/22/lw.manimony/">CNN</a>.</p></div>
</content>


    </entry>
    <entry>
        <title>Court order needed to split retirement accounts in divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/court-order-needed-to-split-retirement-accounts-in-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/court-order-needed-to-split-retirement-accounts-in-divorce.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-51742490</id>
        <published>2008-06-23T11:09:07-07:00</published>
        <updated>2008-06-23T11:09:07-07:00</updated>
        <summary>Q: You wrote in a column that there is a one-time reprieve from early-withdrawal penalties if you cash out. I am recently divorced and my ex has his 401(k) account with about $3,000 that is mine. He tells me he...</summary>
        <author>
            <name>jeff</name>
        </author>
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><div id="story-body-parent">
  <p id="story-body"><em class="dropcap_large">Q</em>:
You wrote in a column that there is a one-time reprieve from
early-withdrawal penalties if you cash out. I am recently divorced and
my ex has his 401(k) account with about $3,000 that is mine. He tells
me he can write a check, but I have to pay all the fees. How does this
play into what you said about this one-time reprieve?<br /><br /><em class="i">J.R.</em><br /><br /><em class="dropcap_large">A</em>:
Divorcing couples can split retirement accounts and even cash them out
penalty-free as part of a settlement, but it has to be executed
properly, and this is what many couples fail to do, divorce planners
said.<br /><br />Splitting up the 401(k) account should be done through a
court-issued qualified domestic relations order, said Rita
Medaglio-Barrera, a certified divorce financial analyst with Paragon
Capital Management in Smithtown, N.Y.</p>
 </div>

 <p>
 
 
  "He
can't just write her a check" and have it qualify for the penalty
exemption, she said. "She's probably out of luck," because going back
after your settlement and re-negotiating this is unlikely, she said.</p><p>Done
properly, an ex-spouse can receive a one-time distribution from the
plan without having to pay the early-withdrawal penalty of 10 percent.
The income taxes due on the account still have to be paid, so that
should be taken into consideration during the division of the couple's
property.</p><p>If the spouse doesn't need the money right away, it
can be rolled into an individual retirement account, though
Medaglio-Barrera said individual employer plans often have their own
rules governing how those rollovers are done, and it can involve a
couple of separate administrative steps.</p><p>To be valid, the
court-issued qualified domestic relations order must include (among
other items) correct names and addresses of you and your soon-to-be ex,
details on the division of the money and information on the retirement
plan in question, the analyst said.</p><p>The professionals preparing
the documents need to have the retirement plan's summary plan
description, because that typically spells out the specific legal
language needed in the order to be able to access the funds in the
401(k), Medaglio-Barrera said. Many plans actually contain language
that must be repeated exactly in the order to be valid.</p><p>Then the
retirement plan must verify the details of the order before issuing a
distribution, a process that also involves several steps. In short,
splitting up retirement plans shouldn't be an afterthought in a
divorce. They require specific, detailed language of their own and must
come directly from the employer plan, not your ex-spouse. </p><p>Finally,
keep in mind that the orders cannot force an employer to perform
actions that run counter to the company's summary plan description.
Some plans allow couples to split the assets and then maintain two
accounts in the employer plan. Others might require that funds remain
in the plan until the employee retires. Many allow the immediate
cash-out option, as well as the option to roll the money into an IRA,
which is what most advisers recommend to help clients preserve some
long-term finances as they exit a marriage.</p><p>From the <a href="http://www.chicagotribune.com/business/yourmoney/chi-ym-journey-0622jun22,0,4139366.story">Chicago Tribune.</a></p></div>
</content>


    </entry>
    <entry>
        <title>Divorce muddies water in real-estate transaction</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/divorce-muddies-water-in-real-estate-transaction.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/divorce-muddies-water-in-real-estate-transaction.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-51539360</id>
        <published>2008-06-18T15:28:01-07:00</published>
        <updated>2008-06-18T15:28:01-07:00</updated>
        <summary>Question: My husband and I sold our home nearly two years ago and moved into a condominium that we own jointly. He has now left me, and he wants a divorce. I will be living in the condo until it's...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Taxes" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><div id="story-body-parent">
      <p id="story-body">Question:
My husband and I sold our home nearly two years ago and moved into a
condominium that we own jointly. He has now left me, and he wants a
divorce. I will be living in the condo until it's sold and we divide
the proceeds. Will we be able to exclude capital gains on the sale of
this property as our principal residence because we had just sold our
home?<br /><br /> Answer: While individuals are allowed to exclude the
capital gains generated from the sale of personal residences an
unlimited number of times (up to $250,000 of gain each per sale for
individuals), there must be at least two years between the sales.<br /><br />  If fewer than two years have passed between sales, you might be able to prorate the exclusion depending on the facts.<br /><br />
Because many homes are sold as a result of divorce, the law recognizes
the special problems associated with divorcing couples.
  

      
    </p>
    </div>

    
    <p>
    
    
      
In order to allow the "departed" spouse to either attain or retain the
required two-year occupancy needed to qualify his or her ownership
interest for the full capital-gains exclusion, the law allows the
departed spouse to count the time the other spouse occupies the
residence just as if the departed spouse was still living in the home.</p><p>
However, it is important to remember that this "tacking" can take place
only if the remaining spouse is authorized to continue occupancy
pursuant to court order or marital agreement. And if one spouse
purchases the interest of the other incident to a divorce, the
purchasing spouse will be allowed to take advantage of the selling
spouse's period of ownership. Here, we suggest that your property not
be sold until at least two years have passed from your prior sale, but
be sure to check with your tax adviser.</p><p>From the <a href="http://www.orlandosentinel.com/services/newspaper/printedition/monday/goodliving/orl-flyingsolo061608jun16,0,6813123.story">Orlando Sentinel.</a></p></div>
</content>


    </entry>
    <entry>
        <title>Madonna Hires Divorce Lawyer?</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/madonna-hires-divorce-lawyer.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/madonna-hires-divorce-lawyer.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-51151932</id>
        <published>2008-06-11T06:25:00-07:00</published>
        <updated>2008-06-11T06:25:00-07:00</updated>
        <summary>Could the rumors be true? Is Madonna done with Guy Ritchie? According to UK's Holy Moly, Madge has reportedly hired Britain's toughest divorce lawyer, Nicholas Mostyn QC. Madonna and Guy have been dodging breakup rumors for a while now so...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Celebrity Marriages" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span class="post-text-font" id="PostText">Could the rumors be true? Is <strong>Madonna</strong> done with <strong>Guy Ritchie</strong>? According to UK's <a href="http://www.holymoly.co.uk/news/28/madonna-hires-mccartney-lawyer-to-negotiate-divorce-from-guy-ritchie-3413.html" target="_blank">Holy Moly</a>, Madge has reportedly hired Britain's toughest divorce lawyer<a class="kLink" href="http://www.hollyscoop.com/madonna/madonna-hires-divorce-lawyer_16379.aspx#" id="KonaLink0" style="text-decoration: underline ! important; position: static;" target="_top"><font color="#cc0033" style="color: #cc0033 ! important; font-family: Arial; font-weight: 400; font-size: 12px; position: static;"><span class="kLink" style="color: #cc0033 ! important; font-family: Arial; font-weight: 400; font-size: 12px; position: static;" /><span class="kLink" style="color: #cc0033 ! important; font-family: Arial; font-weight: 400; font-size: 12px; position: static;" /></font></a>, Nicholas Mostyn QC.

<br /><br />
Madonna and Guy have been dodging breakup rumors for a while now so
this isn't exactly shocking news but the odd twist it that the report
claims Madge and Guy didn't have a pre-nup. Say what you will about
Madonna, but she's one smart businesswoman. There is no way in hell she
would get married without a pre-nup. <br /><br />
Apparently the couple has just "grown apart" over the years and "The
adoption of David Banda attracted a huge wave of negative publicity,
allegedly putting further strain on the relationship."
<br /><br />
Madge met with Mostyn about 10 days ago to allegedly discuss the divorce proceedings. What do you guys think?<br />From <a href="http://www.hollyscoop.com/madonna/madonna-hires-divorce-lawyer_16379.aspx">Hollyscope.com</a>.<br /></span></p></div>
</content>


    </entry>
    <entry>
        <title>Same-Sex Couples Face Another Growing Hurdle -- Divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/same-sex-couples-face-another-growing-hurdle----divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/same-sex-couples-face-another-growing-hurdle----divorce.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-51151744</id>
        <published>2008-06-10T12:27:15-07:00</published>
        <updated>2008-06-10T12:27:15-07:00</updated>
        <summary>Next week, same-sex couples across the country who want to marry will be welcomed in California. But what happens if they later want to divorce? That is one of the many legal issues that could confront California newlyweds who return...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Gay Marriage" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p class="times">Next week, same-sex couples across the country who
want to marry will be welcomed in California. But what happens if they
later want to divorce?</p>
<p class="times">That is one of the many legal issues that could
confront California newlyweds who return to home states where same-sex
marriages are prohibited. Unlike a Massachusetts ruling a few years
ago, a landmark court ruling last month allowing same-sex marriages in
California will permit almost any out-of-state couples to wed there.</p>
<p class="times">But that doesn't mean their lives after the wedding
will be easy. Some gay and lesbian couples joined by marriage in
Massachusetts or Canada, or under civil unions from, say, Vermont,
contend with legal limbo in other states. Among the tricky issues,
apart from divorce, that can make the honeymoon feel decidedly over are
employee benefits, bankruptcy filings and inheritance rights.</p>
<p class="times">John McCall Jr., a Dallas lawyer who represents gay
and lesbian clients in property and custody disputes, says that thanks
to the legal thicket same-sex couples can face, his clients "over and
over again tell other couples considering marriage to run in the other
direction."</p>
<p class="times">Cassandra Ormiston and Margaret Chambers were married
in Massachusetts in 2004 but tried, in vain, to divorce in Rhode
Island, with the state's high court saying last year that the state
defines marriage as the union of a man and a woman. Now, Ms. Ormiston
is trying to establish residency in Massachusetts to divorce there.</p>
<p class="times">That can add to an already difficult process. Joanna
Grossman, a law professor at Hofstra University School of Law in New
York who specializes in family law and sex discrimination, says she has
been contacted by more than 50 people who entered Vermont civil unions
and now want out. The problem, she tells them, is that you have to
establish residency in the state to file for divorce.</p>
<p class="times">To wind down a relationship, same-sex couples have to
navigate a process that may force them to appear in three different
courts, including a civil court that treats the separation as a
business breakup. Says Mitchell Katine, an attorney who handles
same-sex separations: "It's not fair to parties to have their
relationship of 20 years treated like a breakup of two people who
operated a Kinko's."</p>
<p class="times">Health care and other benefits pose similar issues. In
May, the Michigan Supreme Court ruled that public employers in the
state can't offer health insurance to same-sex domestic partners,
because of state law limiting marriage to one man and one woman. In New
York last year, a state court ruled that a man couldn't recover
workers' compensation death benefits after a partner, with whom he
entered a Vermont civil union in 2000, was struck by a car and later
died.</p>
<p class="times">The law is far from settled. In February, a New York
court ruled that a community college in the state had to recognize a
Canadian same-sex marriage for purposes of awarding spousal health
benefits. Following the decision, the New York governor's office in May
ordered state agencies to recognize same-sex unions from out of state.
Then a conservative religious organization sued, arguing that the
governor overstepped his authority.</p>
<p class="times">Another issue is health decisions. Texan Dennis Milam,
who married his longtime partner last year in Canada, has legal papers
authorizing him to act on his spouse's behalf. Still, Mr. Milam says he
worries about emergencies. "What if something happens at 2 a.m. and you
are upset and don't remember your papers?" he says.</p>
<p class="times">Gay and lesbian advocacy groups, while hailing the
California decision, fear the creation of "bad law," or setting
unfavorable precedent, that might result if couples try to assert their
new status elsewhere. The groups are expected to issue a joint
statement Tuesday advising California newlyweds against filing suit in
their home states. "We need to lay the groundwork by changing the
climate -- convincing community leaders, moving public opinion --
before we rush into court," the statement is expected to say.</p>
<p class="times">Still, a surge in litigation is likely, says Glen
Lavy, a lawyer for a group that opposes gay marriage. "We are not
encouraging people to bring these suits, but we are prepared to defend
marriage wherever these suits occur," he said.</p><p class="times">From the <a href="http://online.wsj.com/article/SB121306493888759775.html?apl=y&amp;r=158938">Wall Street Journal</a> (subscription required)</p></div>
</content>


    </entry>
    <entry>
        <title>Slicing Up Assets in Advance</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/slicing-up-assets-in-advance.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/slicing-up-assets-in-advance.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50822072</id>
        <published>2008-06-04T11:18:50-07:00</published>
        <updated>2008-06-04T11:18:50-07:00</updated>
        <summary>It's one thing to write about prenups, and quite another to live through their making. Doing a prenup isn't for sissies. There I stood, in Vera Wang's dreamy Madison Avenue shop, trying on a wedding dress. On either side, 25-year-olds,...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Prenuptial Agreements" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p style="font-size: 13px;"><strong>It's one thing to write about prenups, and quite another to live through their making. Doing a prenup isn't for sissies.</strong></p><div class="story">
  <p>There I stood, in <a class="related" href="http://www.newsweek.com/related.aspx?subject=Vera+Wang" />Vera Wang's dreamy Madison Avenue shop, trying on a wedding dress. On either side,
25-year-olds, with their mothers, their bridesmaids and their 22-inch
waists. In the center, me, trying to pull something white and swishy
over my hips. Available wedding dates are few for brides of a certain
age. You have to celebrate after your grandchildren get out of school
and before your friends go away for the summer. So I'll be a June
bride. I have two more weeks and am hustling to finish the paperwork.</p>
  <p>Oy, the paperwork!</p>
  <p>When my husband died four years ago, I hadn't expected love to come back into my life. It did, in the person of Carll <em>and</em>
his children. Between us, we have eight. That raises the unromantic
question faced by all parents who go to the altar, bringing families
along. What do you do about the money?</p>
  
  <p>If you do nothing, state law intervenes. When one of you dies, the other
can claim a share of the assets, no matter what it says in your will.
If you divorce (<em>gulp</em>), a court can divide the property in ways
that seem fair. Couples wanting a different result have to draw up a
prenuptial agreement—a legal contract defining the financial
arrangement they prefer.</p>
  <p>It's one thing to write
about prenups, as I have before, and quite another to live through
their making. Most decisions were easy. One, however, required us to
dig into feelings that were hard to talk about. Embarrassing, even.
Doing prenups isn't for sissies.</p>
  <p>The easy things
were our separate assets. Neither of us needs financial support. The
prenup says that what's mine goes to my kids when I die, and what's his
goes to his.</p>
  <p>There's a twist with my retirement
fund. You can leave an Individual Retirement Account to anyone you
want. By law, however, some or all of your 401(k) or pension trust is
earmarked for your spouse. A prenup can't change that. To free me to
leave my pension trust to my kids, Carll has to sign a special waiver <em>after</em> we marry, not before.</p>
  <p>So
here's the nightmare (only an obsessive financial reporter could think
this one up): I say "I do," waltz from the wedding ceremony to the
party tent, trip on the dance floor, break my neck and breathe my last.
Carll inherits the pension trust and can't give it back to the kids
without paying a gift tax. They rebel. I haunt the lot of them.</p><p>There is a whole lot more from Jane Quinn in <a href="http://www.newsweek.com/id/139428">Newsweek.</a></p>
  </div></div>
</content>


    </entry>
    <entry>
        <title>Rabbinic Court head supports use of prenuptial agreements</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/rabbinic-court-head-supports-use-of-prenuptial-agreements.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/06/rabbinic-court-head-supports-use-of-prenuptial-agreements.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50776026</id>
        <published>2008-06-03T11:59:58-07:00</published>
        <updated>2008-06-03T11:59:58-07:00</updated>
        <summary>Rabbi Eliyahu Ben-Dahan, administrative head of the Rabbinic Courts, recently expressed his support for prenuptial agreements as a potentially important remedy to the tragic situation of agunot ("chained women" - women who are denied a divorce). Ben-Dahan also said that...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Religion" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span class="lead"><p>Rabbi Eliyahu Ben-Dahan, administrative head of
the Rabbinic Courts, recently expressed his support for prenuptial
agreements as a potentially important remedy to the tragic situation of
<em>agunot</em> ("chained women" - women who are denied a divorce).

										</p>
										
										
										
										
										
										
										<p>Ben-Dahan also said that the Rabbinic Courts have in the past upheld prenuptial agreements.
</p><p>"Prenuptials can be very helpful in expediting divorce procedures," said Ben-Dahan in a telephone interview over the weekend.
</p><p>"Especially in cases where it is clear that the couple's divorce
is unavoidable, but where halacha does not give the Rabbinic Court
judges the power to obligate the husband to give a <em>get</em> [writ of divorce]."

										
											
										
										</p><p>The
use of prenuptial agreements to facilitate the divorce process is a
controversial issue among Rabbinic Court judges. Some rabbis oppose the
use of most prenuptials, claiming the agreements make it too easy for
one side to end a marriage. They are concerned that making divorce too
easy will endanger the Jewish family institution.
</p><p>They also argue that the use made in prenuptials of monetary
incentives to encourage a recalcitrant partner to acquiesce to divorce
is really a form of coercion prohibited by Jewish law.
</p>
										
										
										<p>Marriage and divorce among
Jews in Israel is governed by Jewish law. As a result, rabbis and
Rabbinic Court judges are responsible, respectively, for tying the knot
and having it severed.
</p><p>Careful to sidestep a potential confrontation with Rabbinic
Court judges who oppose the use of prenuptials, Ben-Dahan made it clear
that his comments expressed his personal opinion and were not to be
construed as representing the official Rabbinic Court policy.
</p><p>Ben-Dahan said it was not the role of the Rabbinic Courts to push for a wider use of prenuptial agreements.
</p><p>"The role of the courts is to adjudicate, not to legislate," he
said. "Nevertheless, from my experience with divorce cases, I can
definitely see how prenuptials help shorten long, drawn-out divorce
proceedings." Ben-Dahan rejected the claim by opponents of prenups that
such agreements make it too easy to end a marriage.
</p><p>"Although we should be concerned about rising divorce rates...
I am convinced that the vast majority of couples who end up at the
Rabbinic Courts for a divorce are mature adults who have resolved to
end unsalvageable marriages."
</p><p>Ben-Dahan also pointed out that Chief Rabbi Shlomo Amar, in a
recently released volume of halachic responsa entitled "Shema Shlomo,"
favored the use of some prenuptial agreements.
</p><p>Prenuptial agreements dictate that in a case of divorce
proceedings initiated by one of the two partners in a marriage, the
recalcitrant side - usually the husband - will be obligated to pay a
large sum of money monthly until the marriage is dissolved.
</p><p>The common amount stipulated is $1,500 or half of monthly income, whichever is higher.
</p><p>This obligation normally kicks in six months after the divorce proceedings are initiated.
</p><p>Ben-Dahan made his support for prenups public at a conference last week.
</p><p>The conference, organized by The Council of Young Israel Rabbis
in Israel, Matan, Mifnim and Yad L'isha, together with the The Rackman
Center for the Advancement of the Status of Women at Bar-Ilan
University, brought together rabbis, marriage professionals and lawyers
and taught them the benefits of prenuptial agreements.</p><p>From the <a href="http://www.jpost.com/servlet/Satellite?cid=1212041459905&amp;pagename=JPost%2FJPArticle%2FShowFull">Jerusalem Post</a>.<br /> </p></span></p></div>
</content>


    </entry>
    <entry>
        <title>Subpoena of Internet Service Provider Records in a Divorce Case:</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/subpoena-of-internet-service-provider-records-in-a-divorce-case.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/subpoena-of-internet-service-provider-records-in-a-divorce-case.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50620054</id>
        <published>2008-05-30T09:53:20-07:00</published>
        <updated>2008-05-30T09:53:20-07:00</updated>
        <summary>From London v. Does 1-4, an unpublished Ninth Circuit memorandum from last week: In 2005, Jennifer London, a United States citizen who was domiciled in St. Martin, began divorce and child custody proceedings against her husband, Richard London, also a...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml">From <a href="http://www.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/052208/$File/07-15164.PDF" style="font-family: yui-tmp;"><span class="-a" tag="a">London v. Does 1-4</span></a><a href="http://www.ca9.uscourts.gov/coa/memdispo.nsf/pdfview/052208/$File/07-15164.PDF">,</a> an unpublished Ninth Circuit memorandum from last week:<br /><br /><blockquote>
<p>In 2005, Jennifer London, a United States citizen who was domiciled
in St. Martin, began divorce and child custody proceedings against her
husband, Richard London, also a United States citizen, in St. Martin, a
French territory governed by French law. Jennifer sought a divorce from
Richard based on adultery, a ground for a fault-based divorce. To
establish the adultery, Jennifer introduced evidence in the divorce
proceeding to suggest that Richard had used five pseudonymous Yahoo!
email accounts to solicit sex on the Internet. Richard denied that the
email accounts belonged to him and claimed that Jennifer had fabricated
the evidence.</p>

<p>Thereafter, Jennifer filed an application in district court for an
order to conduct discovery on the five Yahoo! email accounts under 28
U.S.C. § 1782 for use in her foreign divorce case. The district court
granted the application and issued a subpoena to Yahoo! directing it to
produce: (1) documents identifying the names, addresses, and telephone
numbers provided by the users of the five email accounts; (2) documents
describing the dates on which the five email accounts were created; (3)
documents describing the Internet protocol address (IP) from which the
five email accounts were created; (4) documents identifying Internet
groups in which the account users participated; and (5) documents
reflecting group board postings made by the account users. Jennifer
served Yahoo! with the subpoena, and agreed to waive the right to
documents listed in item five. Richard and the four Does moved to quash
the subpoena, which the district court denied....</p>

<p>The proof sought, given the nature and character of the foreign
case, is critical to establish adultery, secure the divorce, and defend
against allegations of fabrication. Such evidence may be the only way
to identify the user of the email accounts used to solicit adulterous
sex. The request is not an attempt to avoid foreign evidence rules, and
is not unduly intrusive or burdensome because it seeks to gather only
identifying information for the accounts, such as the names and
addresses of the users, and not the content of any communication. Given
the need for the evidence, and the minimal invasion required, the [<em>Intel Corp. v. Advanced Micro Devices</em>] factors weigh in favor of granting the request.</p>

<p>Appellants’ contention that granting the [discovery] request
violates their First Amendment right to anonymous speech is also
without merit. Appellants cite no authority for the proposition that
the First Amendment bars release of identifying data for email accounts
used to solicit sex partners on the Internet. We have held that
exposure of some identifying data does not violate the First Amendment.
See <em>People of State of Cal. v. F.C.C.</em>, 75 F.3d 1350, 1362 (9th
Cir. 1996) (holding that order identifying phone numbers through a
caller identification service did not violate the First Amendment right
to speak anonymously). Thus, because a legal privilege was not
implicated, the district court properly denied the motions to quash the
subpoena.</p></blockquote>From the great <a href="http://volokh.com/posts/1212104774.shtml">Volokh Conspiracy.</a></div>
</content>


    </entry>
    <entry>
        <title>Quoted in the USA Today</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/quoted-in-the-usa-today.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/quoted-in-the-usa-today.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50506630</id>
        <published>2008-05-28T06:35:52-07:00</published>
        <updated>2008-05-28T06:35:52-07:00</updated>
        <summary>Who gets custody of the dog is complicated, 'hotly contested' When couples split up these days, a matter every bit as intense as who keeps the house or plasma TV is increasingly being slammed onto the table for discussion: Who...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Pets and Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><strong><span class="inside-head" style="font-size: 16px;">Who gets custody of the dog is complicated, 'hotly contested'<br /><br /></span></strong><div class="inside-copy">When couples split up these days, a matter
every bit as intense as who keeps the house or plasma TV is
increasingly being slammed onto the table for discussion: Who gets the
pets?</div>
<p class="inside-copy">Joint custody, sole custody with visitation, no
ongoing relationship at all or splitting the pets between partners are
all up for consideration, as are who pays expenses for the animal (no
matter who has custody) and what happens if the custodial caregiver
becomes incapacitated or links up with someone who hates dogs.</p>
<p class="inside-copy">"There has definitely been an increase in pets
as part of the settlement," says attorney Donald Frank, partner in
Blank Rome's Manhattan office. In a 2006 survey of lawyers by the
American Academy of Matrimonial Lawyers, 25% reported an increase in
pet custody, about 90% of the cases involving dogs. </p>
<p class="inside-copy">And it's sometimes a "very hotly contested issue," Frank says. </p>
<p class="inside-copy">Most times, divorcing couples decide about pets
(regarded as property) fairly early in the settlement process, "often
in a series of phone calls between lawyers," Frank says. But sometimes,
he says, the matter must be resolved by a judge.</p>

<p class="inside-copy">Divorces aren't the only breakups with
implications for pets: Live-in relationships that fall apart often
prompt animal-care negotiations.</p>
<p class="inside-copy"><strong>Lorna Doone has two homes </strong></p>
<p class="inside-copy">When Amelia Glynn, 35, and her boyfriend broke
up last year, she requested shared custody with the pit bull he brought
with him into the relationship. The dog "was important enough to me
that I wanted to make a joint-custody agreement," Glynn says, so Lorna
Doone spends alternating periods with each. </p>
<p class="inside-copy">Glynn wrote about the arrangement in her just-launched pet column on SFGate.com, the <em>San Francisco Chronicle</em>'s
online operation. The piece prompted several readers to write
emotionally about similar experiences, including one divorced couple
who share custody of their Boston terriers and an unmarried couple who
worked out a split-time deal for their Taiwanese dog.</p>
<p class="inside-copy">"It's just not weird" to want to continue a relationship with a beloved pet, Glynn says.</p>
<p class="inside-copy">But it can be complicated.</p>
<p class="inside-copy">In the best case, the couple put aside emotion,
resentment and recrimination and "focuses on figuring out what's best
for the animal," says Jennifer Keene, author of a new book that offers
guidance for doing just that: <em>We Can't Stay Together for the Dogs: Doing What's Best for Your Dog When Your Relationship Breaks Up</em> (T.F.H. Publications). </p>
<p class="inside-copy">When Keene, 30, now a dog trainer in Beaverton,
Ore., and her husband decided to divorce three years ago, they
instantly agreed on arrangements for their two dogs. Keene took Moxee,
an Australian cattle dog mix with some behavior problems, and her ex
took Sixxy, a pointer mix.</p>
<p class="inside-copy"><strong>The need for expert advice </strong></p>
<p class="inside-copy">Keene's pet-custody resolution was quick and
amicable, but she discovered there wasn't much in the way of expert
advice about how to navigate the matter properly. So she set out to
research and write a step-by-step guide, including training tips for
dogs that come unhinged with the changed family dynamics.</p>
<p class="inside-copy">Architect Sara Vreed, 31, of Portland, Ore., put those tips to good use recently when she and her long-term boyfriend broke up.</p>
<p class="inside-copy">"I knew to be concerned about the transition,"
Vreed says, because when the couple broke up for a time two years ago,
Ivo, her sheltie, showed some classic stress signals — he had behavior
problems and loss of fur on his belly. This time, she sought Keene's
advice and learned the importance of "sticking to routines and keeping
things positive," and, after just a couple of days of acting up, Ivo is
calm and cheerful and hasn't had fur loss.</p>
<p class="inside-copy">It's not always simple to keep a dog's
equilibrium solid in the lead-up to the actual physical separation, or
in arrangements after the split. No single approach works for every
relationship or for every dog, Keene says. "You've always got to
consider the individual characteristics of the dog." </p>
<p class="inside-copy">Splitting up two dogs that have lived together
isn't right in all situations, Keene says, although it was in hers,
because the two dogs were friendly with each other but not really
strongly bonded. And whether there's one or several pets, attention
must be paid to which partner has the time, energy, interest and
schedule to give each animal what it needs.</p>
<p class="inside-copy">Because there's no "in the best interest of the
dog" standard in law, says <strong>lawyer Jeffrey Lalloway of Irvine, Calif.</strong>,
the pet's living arrangements should be discussed rationally. </p>
<p class="inside-copy"><strong>Do what's best for the pet </strong></p>
<p class="inside-copy">Sometimes it's best for the dog to stay with the
person who keeps the house where it has lived, but not always, Keene
says. Sometimes it's best to have a split-time arrangement so each
partner gets some time with the pet, but sometimes it isn't, because
some dogs aren't adaptable enough.</p>
<p class="inside-copy">Still, experts agree, at the end of a
relationship, rational discussion may be in short supply. As Frank
points out, "People are very invested in their pets." One or both
partners may demand custody simply to antagonize the other, but Frank
says it's most often because "this is already an emotional time for
them, and the thought of also losing their dog" is painful.</p>
<p class="inside-copy">Keene empathizes. But in the end, "if the person
who is most heartbroken at the thought of losing the dog is not the one
who can, realistically, provide a good environment and life for it, my
hope is that person will put aside his or her own desires and do what's
best for the dog."</p><p class="inside-copy">From <a href="http://www.usatoday.com/life/lifestyle/2008-05-27-dogs-divorce_N.htm?loc=interstitialskip">USA Today.</a><br /> </p></div>
</content>


    </entry>
    <entry>
        <title>What Happens to Child Support, Alimony when Ex Declares Bankruptcy?</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/what-happens-to-child-support-alimony-when-ex-declares-bankruptcy.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/what-happens-to-child-support-alimony-when-ex-declares-bankruptcy.html" thr:count="3" thr:updated="2009-11-07T13:49:21-08:00" />
        <id>tag:typepad.com,2003:post-50277532</id>
        <published>2008-05-27T06:40:00-07:00</published>
        <updated>2008-05-27T06:40:00-07:00</updated>
        <summary>According to the AP Former New Jersey Governor James McGreevey was quoted as saying: "I want to pay child support. I want to fulfill my obligations. Unfortunately, I have had to bankrupt myself to pay legal fees upon legal fees."...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Credit and debt during divorce" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p style="line-height: 150%;"&gt;&lt;span style="font-size: 10pt; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;According 
to the &lt;a href="http://ap.google.com/article/ALeqM5gDo7RlIzAogFu-WdYiksEmyXPhHwD90QAE980"&gt;AP&lt;/a&gt; 
Former New Jersey Governor James McGreevey was quoted as saying: &amp;quot;I want to pay 
child support. I want to fulfill my obligations. Unfortunately, I have had to 
bankrupt myself to pay legal fees upon legal fees.&amp;quot;&amp;#0160; What if this happened to 
you?&amp;#0160; What would you do?&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 12pt; line-height: 150%;"&gt;&lt;strong&gt;&lt;span style="font-size: 9pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&amp;#0160;&lt;/span&gt;&lt;/strong&gt;&lt;strong&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;40 
percent of individuals who file for bankruptcy do so as a direct result of 
divorce,&lt;/span&gt;&lt;/strong&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt; 
medical crisis or unemployment, According to “&lt;/span&gt;&lt;span style="text-decoration: underline;"&gt;&lt;span style="font-size: 10pt; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;The 
Fragile Middle Class: Americans in Debt&lt;/span&gt;&lt;/span&gt;&lt;span style="font-size: 10pt; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;,&lt;span style="color: black;"&gt;”&lt;br /&gt;How a&amp;#0160;bankruptcy affects someone who is divorced 
depends a lot on the settlement agreement. A primary concern, for the spouse 
owed money, is what will happen to spousal support, child support and property 
settlements,&amp;#0160;said Mathew Weber, a CPA and forensic accountant. “The rules (for 
bankruptcy)&amp;#0160;are pretty straightforward,” he said, adding, “The cases are pretty 
complicated.”&amp;#0160;&amp;#0160;&amp;#0160;&lt;strong&gt;&lt;o:p&gt;&lt;/o:p&gt;&lt;/strong&gt;&lt;/span&gt;&lt;/span&gt;&lt;/p&gt;

&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;strong&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;If&amp;#0160;your 
ex files for bankruptcy, all creditors -- including you if you&amp;#39;re owned spousal 
or child support --&amp;#0160;would receive notification from the court. &lt;/span&gt;&lt;/strong&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;Then 
you have to file a claim right away or&amp;#0160;&amp;quot; the court can discharge”&amp;#0160;the debt, 
Weber said. “People who are creditors in bankruptcy would be well advised to 
assume the worst about what the judge will decide,”&amp;#0160;said attorney and divorce 
mediator &lt;/span&gt;&lt;span style="font-size: 10pt; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;Lee 
Borden&lt;span style="color: black;"&gt;. &lt;br /&gt;&lt;br /&gt;Thanks to the Bankruptcy Abuse 
Prevention and Consumer Protection Act of 2005 (BAPCPA), &lt;strong&gt;individuals who are 
owed child or spousal support are protected from losing those funds in 
court.&lt;/strong&gt; According to Borden, the laws that served primarily as a bankers’ 
protection bill also&amp;#0160;helped&amp;#0160;with family law claims. “All family law claims are 
now called first priority. That means that they enjoy a priority when it comes 
time for the trustee to decide who gets paid and who doesn’t,” Borden said. &amp;#0160;&amp;#0160; 
&lt;br /&gt;&lt;br /&gt;Before the protection act, Borden said lawyers couldn’t prosecute the 
family law claims until the end of the automatic stay – a period where creditors 
left you alone. That, however, is no longer the case when it comes to child 
support and spousal support.&amp;#0160;“Child support and alimony, both of these are 
current supports, can be processed and prosecuted even despite the stay,” Borden 
said. “It in fact, now enjoys a privileged position.”&amp;#0160; &lt;/span&gt;&lt;/span&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&lt;o:p&gt;&lt;br /&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;

&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&amp;#0160;&lt;strong&gt;“Support, 
whether it’s child support, maintenance, alimony, are not discharged&lt;/strong&gt;,” 
Borden said.&amp;#0160;&amp;#0160;&lt;strong&gt;This rule does not apply to property settlements or back 
support.&lt;/strong&gt;&amp;#0160;&amp;#0160; Borden also warned that bankruptcy judges have a primary 
objective to assist the debtor, not the creditor. “Bankruptcy judges view the 
world through discharged colored glasses. They are all about helping debtors to 
get back on their feet,” he said. “They want to get the debtor as fully 
discharged as possible.”&amp;#0160; &lt;o:p&gt;&lt;br /&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 12pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;Property 
settlements are another big issue in bankruptcy court. Settlements can include 
situations in which an ex-spouse agreed to pay for the mortgage or car payment, 
Borden said. Settlements can also entail the owing of any kind of monetary 
family court award, other than support.&amp;#0160;&lt;br /&gt;&lt;br /&gt;In another example, Borden said 
if an &lt;strong&gt;ex-spouse agrees to take over a car payment that was financed under the 
couple’s names, and the individual files bankruptcy, he or she is no longer 
required to pay that debt.&lt;/strong&gt; In return, however, the lending agency can turn 
to the other spouse and request that money from him or her, even if the 
ex-spouse still has the vehicle.&amp;#0160;&amp;#0160; &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 12pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;According 
to Weber, settlements require a certain amount of examination. “The situation is 
this. &lt;strong&gt;If you have a property distribution … you now have to take a look at 
that,”&lt;/strong&gt; he said.&amp;#0160;&amp;#0160;&lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;

&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;A 
lot of times bankruptcy cases involving family court claims that are discharged 
eventually wind up back in family court, Weber said.&amp;#0160;“When somebody files for 
bankruptcy, that really only applies to the collection of debt,” Weber said. 
“&lt;strong&gt;When child support and maintenance are involved you now have to go back to 
the family court.”&lt;/strong&gt;&amp;#0160; &lt;o:p&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&lt;o:p&gt;&lt;br /&gt;&lt;/o:p&gt;&lt;/span&gt;&lt;/p&gt;
&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&amp;#0160;“The 
court is going to take a look. They want to know who it is going to harm more, 
the payer of the recipient,” Weber said.&amp;#0160;In a recent case, Weber said a woman 
was owed $1 million and her ex-husband filed bankruptcy. “I did an analysis of 
both of their lifestyles,” Weber said. “She had basically nothing.” On the other 
hand, Weber said the ex-husband was maintaining his lifestyle despite the 
folding of his business.&amp;#0160;&amp;#0160;&amp;#0160;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;The main question the family court is going 
to ask, Weber said, is who is most harmed by the property settlement and 
bankruptcy. “We compare the harmfulness to him as opposed to her,” he said. “It 
would certainly harm her worse (to lose the payout).”&amp;#0160;&amp;#0160; &lt;br /&gt;&lt;br /&gt;It is Weber’s 
task to review each individual’s lifestyles and determine what, if anything has 
really changed in terms of economic income. “I’m trying to really look behind 
the numbers and see what’s going on, I prepare a report and we have to testify 
in court,” Weber said.&amp;#0160;&amp;#0160; &lt;br /&gt;&lt;br /&gt;The court’s decision is going to ride on the 
judge’s opinion. “There is going to be two conflicting experts and the judge 
will believe, who he believes based on what is presented,” Weber said. 
“Sometimes, they try to paint a picture that is many times not accurate of their 
true economic income. Many times somebody is just trying to shift income 
around.” &lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;p class="MsoNormal" style="background: white none repeat scroll 0% 50%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial; margin-bottom: 0pt; line-height: 150%;"&gt;&lt;span style="font-size: 10pt; color: black; line-height: 150%; font-family: &amp;#39;Arial&amp;#39;,&amp;#39;sans-serif&amp;#39;;"&gt;Read the entire article at &lt;a href="http://www.divorce360.com/articles/927/divorce-and-bankruptcy.aspx"&gt;divorce360&lt;/a&gt;.&lt;br /&gt;&lt;/span&gt;&lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Divorce, death pose tax twists</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/divorce-death-pose-tax-twists.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/divorce-death-pose-tax-twists.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50223790</id>
        <published>2008-05-22T06:17:00-07:00</published>
        <updated>2008-05-22T06:17:00-07:00</updated>
        <summary>I always enjoy reconnecting with clients during tax season. Many times joyful events have occurred during the year, such as marriage or the addition of a child to the family. These positive events often have a favorable impact on their...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Taxes" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><span id="RDS-site"><p>I always enjoy reconnecting with clients during
tax season. Many times joyful events have occurred during the year,
such as marriage or the addition of a child to the family. These
positive events often have a favorable impact on their tax return. </p><p>Unfortunately,
difficult situations also arise that bring challenges to the
preparation of the tax return. Many of my clients are aging and are
facing health problems. Sadly, some clients had to cope with the death
of a spouse in 2007. A sound record-keeping system and the help of a
family member or close friend can be extremely important in situations
such as these.</p><p>On top of the emotional strain, the tax
implications of divorce can be very unsettling, especially because of
community property laws. In Texas and other community property states,
communal assets are distributed equally, regardless of who earned more
or spent more during the marriage. The courts typically allow the
couple a certain amount of flexibility in deciding how to divide
things. </p><p>Even if assets are split equally in dollar amount, certain assets may have less favorable tax treatment than others. </p><p>The
two largest assets most couples hold are typically a house and
retirement plan assets. In most cases a home can be sold with no tax
impact, whereas the liquidation of retirement plan assets is a taxable
transaction. If the retirement plan assets are sold before the account
holder reaches age 59 1/2, the IRS assesses an additional penalty of 10
percent. </p></span><span id="RDS-site">Stocks and bonds held in taxable accounts could generate capital gains or capital losses.<p>One
approach to an equitable distribution of assets in a divorce would be
to segregate assets by categories -- for example, cash and money market
accounts, retirement assets, taxable stocks and bonds, personal
property and real estate. Then assets in each category could be split
evenly. This approach may not be appropriate if one spouse wants to
keep the house; if the home represents a large portion of the total
assets, this will skew the distribution. In this case, it may be best
to hire a financial professional to assess the tax impact of various
allocation approaches.</p><p>Divorce courts typically allocate the
couple's debts evenly, but many creditors ignore this allocation and
hold both parties liable. In some cases, there may be protection under
the IRS Innocent Spouse provisions.</p><p>I typically suggest that
clients pay off all joint liabilities before dividing asset accounts
and close all joint accounts. In most cases mortgage debt can be
assigned to the spouse who will keep the house. </p><p>Taking these
extra planning steps during the divorce process will eliminate having
to address financial problems after the divorce, when an amicable
settlement is less likely to be reached.</p><p>More at the <a href="http://www.elpasotimes.com/business/ci_9305070">El Paso Times.</a></p></span></div>
</content>


    </entry>
    <entry>
        <title>Survey: 70 Percent of Americans Find Divorce 'Morally Acceptable'</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/survey-70-percent-of-americans-find-divorce-morally-acceptable.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/survey-70-percent-of-americans-find-divorce-morally-acceptable.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-50223614</id>
        <published>2008-05-21T11:19:12-07:00</published>
        <updated>2008-05-21T11:19:12-07:00</updated>
        <summary>An alarming 70 percent of Americans now believe that divorce is “morally acceptable,” according to a recent poll by Gallup’s 2008 Values and Beliefs survey. The new figure – the highest on record – represents an 11 percent increase from...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml">An alarming 70 percent of Americans now believe that divorce is
“morally acceptable,” according to a recent poll by Gallup’s 2008
Values and Beliefs survey.<br /><p>The new figure – the highest on record – represents an 11 percent
increase from just 7 years ago and a 3 percent increase from 2 years
ago. Only 22 percent of Americans said they believed divorce was
“morally wrong,” according to the results.</p><p>The acceptability of
divorce among Americans was ranked higher than all of the other 16
ethical issues surveyed – including the death penalty, gambling,
pre-marital sex, homosexuality, abortion and medical research on
animals. Additionally, divorce has risen faster in moral acceptability
among Americans than any of the other ethical issues.</p><p>Although
the recent results revealed that the acceptability of divorce has risen
steadily to the point where it is now “morally acceptable by a majority
of nearly every major demographic category of Americans,” respondents
who identified themselves as “conservative,” “religious,” or over 65
years in age were more likely to say that divorce was “morally wrong.”</p><p>Respondents
who identified themselves as “liberals,” “independents,” and
“non-religious,” on the other hand, registered the highest number of
responses that said divorce was “morally acceptable.” Nearly 91 percent
of those who said religion was “not very important” in their lives said
divorce was “morally acceptable,” according to the results.</p><p>While
the recent poll reveals a steady and alarming rise in the acceptability
of divorce, more than 70 percent of Americans continued to rate
suicide, cloning humans, polygamy, and “married men and women having an
affair” as “morally unacceptable.”</p>The Gallup poll results were based on telephone surveys of over 1,000 adults. <br /><br />From the <a href="http://www.christianpost.com/article/20080519/32435_Survey:_70_Percent_of_Americans_Find_Divorce_%27Morally_Acceptable%27.htm">Christian Post.</a></div>
</content>


    </entry>
    <entry>
        <title> California's top court overturns gay marriage ban</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/californias-top.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/californias-top.html" thr:count="1" thr:updated="2008-10-23T07:53:37-07:00" />
        <id>tag:typepad.com,2003:post-49932914</id>
        <published>2008-05-15T14:53:34-07:00</published>
        <updated>2008-05-15T14:53:34-07:00</updated>
        <summary>In a monumental victory for the gay rights movement, the California Supreme Court overturned a voter-approved ban on gay marriage Thursday in a ruling that would allow same-sex couples in the nation's biggest state to tie the knot. Domestic partnerships...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Gay Marriage" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>In a monumental victory for the gay rights movement, the California
Supreme Court overturned a voter-approved ban on gay marriage Thursday
in a ruling that would allow same-sex couples in the nation's biggest
state to tie the knot.</p>

<p>Domestic partnerships are not a good enough substitute for marriage, the justices ruled 4-3 in striking down the ban.</p>
<p>Outside the courthouse, gay marriage supporters cried and cheered as the news spread.</p>
<p>Jeanie Rizzo, one of the plaintiffs, called Pali Cooper, her partner of 19 years, and asked, "Pali, will you marry me?"</p>
<p>"This is a very historic day. This is just such freedom for us,"
Rizzo said. "This is a message that says all of us are entitled to
human dignity."</p>
<p>In the Castro, historically a center of the gay community in <span id="lw_1210886942_0" class="yshortcuts">San Francisco</span>, Tim Oviatt started crying while watching the news on TV.</p>
<p>"I've been waiting for this all my life," he said. "This is a life-affirming moment."</p>
<p>The city of San Francisco, two dozen gay and lesbian couples and gay
rights groups sued in March 2004 after the court halted the monthlong
wedding march that took place when <span id="lw_1210886942_1" class="yshortcuts">Mayor Gavin Newsom</span> opened the doors of City Hall to same-sex marriages.</p>
<p>"Today the California Supreme Court took a giant leap to ensure that
everybody — not just in the state of California, but throughout the
country — will have equal treatment under the law," said City Attorney
Dennis Herrera, who argued the case for San Francisco.</p>
<p>The challenge for gay rights advocates, however, is not over.</p>
<p>A coalition of religious and social conservative groups is
attempting to put a measure on the November ballot that would enshrine
laws banning gay marriage in the state constitution.</p>
<p>The Secretary of State is expected to rule by the end of June
whether the sponsors gathered enough signatures to qualify the marriage
amendment, similar to ones enacted in 26 other states.</p>
<p>If voters pass the measure in November, it would trump the court's decision.</p>
<p><span id="lw_1210886942_2" class="yshortcuts">California</span>
already offers same-sex couples who register as domestic partners the
same legal rights and responsibilities as married spouses, including
the right to divorce and to sue for child support.</p>
<p>But, "Our state now recognizes that an individual's capacity to
establish a loving and long-term committed relationship with another
person and responsibly to care for and raise children does not depend
upon the individual's sexual orientation," Chief Justice Ron George
wrote for the court's majority, which also included Justices Joyce
Kennard, Kathryn Werdegar and Carlos Moreno.</p>
<p>In a dissenting opinion, Justice Marvin Baxter agreed with many
arguments of the majority but said the court overstepped its authority.
Changes to marriage laws should be decided by the voters, Baxter wrote.
Justices Ming Chin and Carol Corrigan also dissented.</p>
<p>The <span id="lw_1210886942_3" class="yshortcuts" style="border-bottom: medium none; background: transparent none repeat scroll 0% 50%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;">conservative Alliance Defense Fund</span>
says it plans to ask the justices for a stay of their decision until
after the fall election, said Glen Lavey, senior counsel for the group.</p>
<p>Gov. <span id="lw_1210886942_4" class="yshortcuts" style="border-bottom: 1px dashed rgb(0, 102, 204); background: transparent none repeat scroll 0% 50%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;">Arnold Schwarzenegger</span>,
who has twice vetoed legislation that would've granted marriage rights
to same-sex couples, said in a news release that he respected the
court's decision and "will not support an amendment to the constitution
that would overturn this state Supreme Court ruling."
</p>

<p>The last time California voters were asked to express their
views on gay marriage at the ballot box was in 2000, the year after the
Legislature enacted the first of a series of laws awarding spousal
rights to domestic partners.
</p>

<p>Proposition 22, which strengthened the state's 1978 one-man,
one-woman marriage law with the words "Only marriage between a man and
a woman is valid or recognized in <span id="lw_1210886942_5" class="yshortcuts">California</span>," passed with 61 percent of the vote.
</p>

<p>
The <span id="lw_1210886942_6" class="yshortcuts" style="border-bottom: medium none; background: transparent none repeat scroll 0% 50%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;">Supreme Court</span> struck down both statutes with its sweeping opinion Thursday.
</p>

<p>
Lawyers for the gay couples had asked the court to overturn the laws as
an unconstitutional civil rights violation that domestic partnerships
cannot repair. A trial court judge in <span id="lw_1210886942_7" class="yshortcuts">San Francisco</span>
agreed with gay rights advocates and voided the state's marriage laws
in April 2005. A midlevel appeals court overturned his decision in
October 2006.
</p>

<p>From <a href="http://news.yahoo.com/s/ap/20080515/ap_on_re_us/gay_marriage">Yahoo News.</a> </p>

<p>Here is the <a href="http://howappealing.law.com/S147999.pdf">Court's opinion.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>After Divorce, Stable Families Help Minimize Long-term Harm To Children</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/after-divorce-s.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/after-divorce-s.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-49809350</id>
        <published>2008-05-14T06:19:00-07:00</published>
        <updated>2008-05-14T06:19:00-07:00</updated>
        <summary>For children of divorce, what happens after their parents split up may be just as important to their long-term well-being as the divorce itself. A new study found that children who lived in unstable family situations after their parents divorced...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Child Custody" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p&gt;For children of divorce, what happens after their parents split up may
be just as important to their long-term well-being as the divorce
itself.&lt;/p&gt;

&lt;p&gt;A new study found that children who lived in unstable family
situations after their parents divorced fared much worse as adults on a
variety of measures compared to children who had stable post-divorce
family situations.&lt;/p&gt;
&lt;p&gt;“For many children with divorced parents, particularly young ones,
the divorce does not mark the end of family structure changes – it
marks the beginning,” said Yongmin Sun, co-author of the study and
associate professor of sociology at Ohio State University’s Mansfield
campus.&lt;/p&gt;
&lt;p&gt;“A stable family situation after divorce does not erase the negative
effects of a divorce, but children in this situation fare much better
than do those who experience chronic instability”&lt;/p&gt;
&lt;p&gt;The study appears in a recent issue of the Journal of Marriage and
Family.&amp;nbsp; Sun conducted the study with Yuanzhang Li of the Allied
Technology Group.&lt;/p&gt;
&lt;p&gt;Data for this study came from the National Education Longitudinal
Study, which surveyed thousands of students across the country
beginning in 8th grade in 1988, when they were about 14 years old. 
They were surveyed again in 1990, 1992 and then again in 2000 when they
were about 26 years old.&lt;/p&gt;
&lt;p&gt;The study&amp;nbsp; compared children who grew up in three different situations:&lt;/p&gt;
&lt;ul&gt;&lt;li&gt;Children who grew up in always-married households (5,303 children).&lt;/li&gt;

&lt;li&gt;Children
whose parents divorced before the study began, but who lived in a
stable family structure between ages 14 and 18(954 children).&lt;/li&gt;

&lt;li&gt;Children
whose parents divorced prior to the beginning of the study, and whose
family situation changed once or twice between ages 14 and 18(697
children).&lt;/li&gt;&lt;/ul&gt;
&lt;p&gt;In the two divorced family groups, children may have lived in
single-parent families or ones with a stepparent.&amp;nbsp; The key for this
research was whether that arrangement – whichever it was -- changed
between ages 14 and 18).&lt;/p&gt;
&lt;p&gt;The researchers compared how children in these groups fared on
measures of education, income and poverty in 2000 when they were 26.&lt;/p&gt;

&lt;p&gt;More about this topic at &lt;a href="http://www.sciencedaily.com/releases/2008/05/080507132910.htm"&gt;Science Daily.&lt;/a&gt; &lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Why is a prenup so important?</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/why-is-a-prenup.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/why-is-a-prenup.html" thr:count="1" thr:updated="2008-08-05T20:04:17-07:00" />
        <id>tag:typepad.com,2003:post-49809146</id>
        <published>2008-05-13T09:15:01-07:00</published>
        <updated>2008-05-13T09:15:01-07:00</updated>
        <summary>Q: "I'm getting married and I have some assets of my own from my family. I'd like a prenup but my fiancé is insulted. How can I convince him this is a good idea?" A: Emphasize to your fiancé that...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Prenuptial Agreements" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><em>Q: "I'm getting married and I have some assets of my own from my
family. I'd like a prenup but my fiancé is insulted. How can I convince
him this is a good idea?"</em></p>

<p>A: Emphasize to your fiancé that
it is important for couples to have healthy discussions and agreements
about finances before they get married as well as after they get
married.</p>

<p>A prenuptial agreement can be a positive communication
tool to clarify how assets will be treated in the future, especially
family owned assets like farms or businesses. </p>

<p>Your Money Team would like to highlight two major points about prenups:</p>

<p>1)
Whether or not you draw up a formal document, all couples should have
full disclosure and conversation about finances before they get
married, especially where children from prior marriages or family owned
assets are involved; and</p>

<p>2) Prenups are not just for divorce, but also issues pertaining to death.</p>

<p><strong>Full disclosure prior to marriage.</strong> Kim Stamatelos, a mediator
and family attorney in Des Moines admits that the word prenup “conjures
up intense emotions, insecurities, and confusion for many couples.” Yet
by facing this tough issue, she says, couples can clear up
misunderstandings and set the stage for open communication in their
marriage.</p>

<p>Stamatelos encourages couples to think of prenups as a
positive and healthy precedent for being candid and honest with
financial issues and sharing attitudes towards money.</p>

<p>Jim
Niblock, a tax and estate planning attorney with Brown Winick Law Firm
in Des Moines, says that while prenups are more common in second
marriages where there are children from prior marriages, they can be
“positive for all couples.”</p>

<p>He notes that when assets like
family farms or business interests are involved, it is important to “be
clear in advance” if those will remain family assets in the event of
divorce or death. </p>

<p>Nibock says you don’t necessarily always need a “full-blown prenup,” but might simply address the family owned assets.</p>

<p><strong>Prenups deal with estate issues.</strong>
Both Stamatelos and Niblock stress that Iowa currently does not
recognize “post-nups,” agreements entered into after marriage (unlike California, which does recognize post-nups).
Stamatelos says that if you don’t use a prenup, you could have
difficulty directing the distribution of your money and assets with
your will. </p>

<p>”Without a prenup waiving the right, your spouse
has the right in Iowa to ‘elect against the will’ if you don’t give
them a minimum amount of assets in your will,” says Stamatelos.</p>

<p>This
can be an issue especially where there are children from a prior
marriage. Niblock added that this issue is also important with regard
to the use of trusts for assets, such as real estate, in which a spouse
may have significant rights under Iowa law.</p>

<p><strong>Involve a professional.</strong>
If you are hesitant to bring up the subject on your own, consider
including an experienced lawyer or mediator. These experienced
professionals can help lead the conversation in a neutral, objective,
non-intimidating manner and help both parties address critical
financial issues prior to marriage.</p>

<p>From the <a href="http://www.desmoinesregister.com/apps/pbcs.dll/article?AID=/20080511/BUSINESS/80511005/-1/SPORTS09">Des Moines Register.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>Marriages pay a price in faltering economy</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/marriages-pay-a.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/marriages-pay-a.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-49645772</id>
        <published>2008-05-09T13:06:21-07:00</published>
        <updated>2008-05-09T13:06:21-07:00</updated>
        <summary>Our newest advice expert on relationships answers questions about dissolving marriages and troubled families. When the economy turns sour, so too can marriages. Financial woes are the second-most common cause for divorce, according to a survey on the Web site...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;h4&gt;Our newest advice expert on relationships answers questions about dissolving marriages and troubled families.&lt;/h4&gt;

&lt;p&gt;When the economy turns sour, so too can marriages.&lt;/p&gt;

&lt;p&gt;Financial
woes are the second-most common cause for divorce, according to a
survey on the Web site divorce360.com, behind only abuse.&lt;/p&gt;

&lt;p&gt;So until the home mortgage crisis is over and our 401Ks have bounced back, we expect some of you couples could use some advice. &lt;/p&gt;

&lt;p&gt;Mary
O'Connor, the founder of Family Assessment, Counseling and Education
Services, is the Register's newest advice expert. She'll answer
questions from you about marriages that are dissolving, about families
that are trying to stay together, and about issues that face parents
and children after divorce. &lt;/p&gt;

&lt;p&gt;O'Connor
led thousands of mediation cases with the Orange County Superior Court
before starting the nonprofit FACES 20 years ago. The organization
offers parenting classes, monitors visits between estranged parents and
children, and provides counseling and mental heath services. O'Connor
also runs a private practice. &lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; Cultural acceptance
of divorce obviously changed a great deal in the 1960s and 1970s. What
has changed in the past two decades?&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt;&amp;nbsp; Where
religion used to be a deterrent for divorce, it's no longer. Where
certain cultures didn't get divorced, those cultures are now getting
divorced. Where people used to get married, they no longer get married.
So there are more children of non-married relationships than ever. &lt;/p&gt;

&lt;p&gt;Also,
when I started in the '80s, there were as many men leaving women as
women leaving men; then, it was mostly women doing the separating. Now,
I think it's come full circle, half-and-half. &lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&amp;nbsp; &lt;/strong&gt;&lt;strong&gt;Are divorces less combative now? &lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&amp;nbsp; &lt;/strong&gt;When
there are no children involved, it doesn't seem to be as hard of a
breakup. But when there are children involved, there is such passion
and time spent. The shift is that fathers are taking more part in the
parenting than they ever did before. So when they separate, they're
seen as much as a custodial parent as the other parent. &lt;/p&gt;

&lt;p&gt;And,
financially, if mother is making as much as father, she's able to
afford as much legal representation as father. Many years ago, mother
didn't even have the resources to be represented by an attorney.&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; Is the cultural momentum away from marriage going to continue? Will my grandkids even get married?&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
I do think people like commitment, stability, and that traditional
feeling of having a partner. But I think serial monogamy might be more
common. &lt;/p&gt;

&lt;p&gt;Your grandkids will get married, but for different
reasons than we do now. Years ago, the going theory was a woman needs
to be taken care of and a man needs to protect. Obviously, we've
changed all that. Both of them are out hunting and fishing; both are
nurturing the children. &lt;/p&gt;

&lt;p&gt;So why are people getting married now?
Companionship. Laughter. And to guarantee a single lovemaker on a
regular basis. That's got to be one of the reasons, right?&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; Is your counseling approach different for non-married parents? &lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
The only difference we have is it's two last names. Getting the
relationship better is still the issue. We've got to keep reminding
them the kid needs both of them. They're not the same, but the child
needs to learn who they are as a human being from the mother and the
father. &lt;/p&gt;

&lt;p&gt;That's what we're trying to stress. Yes, the other
person does things wrong that you didn't like, and that's why you want
to get rid of them, but the child likes that parent no matter what. The
child has unconditional love. &lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; In cases without abuse, do you think parents staying together is nearly always healthy for the child?&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
Academically, yes. Yes, yes, yes. The phenomenon of their parents
splitting up causes abandonment issues, depression, anger, causes
resentments, causes the child to be feeling like a ping pong ball. It
causes new families to be created, and for that child to feel like they
don't belong to any family. &lt;/p&gt;

&lt;p&gt;The repercussions of divorce, compared to being married, it's like 90/10 to me. &lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; Aren't there similar repercussions to having parents in a loveless marriage? &lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
Yes. When kids see dysfunction in their relationship, they act it out.
But there are still more folks around to love them. These kids with an
absent parent have a yearning. In other words: Mom and Dad may not have
that great a relationship, but they could both have a great
relationship with the kid. So think about that!&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; What should parents do if they have a seed of dissatisfaction in the relationship? &lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
Go right away to counseling. Nip it in the bud. Start making a
gratitude list for what you already have. Get your repair work going.
Fix that dike before it grows.&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;Q:&lt;/strong&gt;&lt;strong&gt;&amp;nbsp; Are adults really capable of making major changes so late in life?&lt;/strong&gt;&lt;/p&gt;

&lt;p&gt;&lt;strong&gt;A:&lt;/strong&gt; 
We've really seen people in the parenting classes dazed and amazed.
Like, &amp;quot;I don't have to scream and yell at my child across the room! I
can walk over to the child and get down on my knees and ask them
questions. I can do something different than my parents did.&amp;quot; That's
where social change starts coming. These small ways of relating are
just different. &lt;/p&gt;

&lt;p&gt;Of course some people fall back on their old
habits. Not everybody is going to pick it up and keep it forever. But
once you learn something new, it's there.&lt;/p&gt;

&lt;p&gt;From the &lt;a href="http://www.ocregister.com/articles/child-married-parents-2037507-children-think"&gt;OC Register.&lt;/a&gt; &lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Study: Impact of divorce on kids less damaging</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/study-impact-of.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/study-impact-of.html" thr:count="2" thr:updated="2009-03-02T10:52:24-08:00" />
        <id>tag:typepad.com,2003:post-49495500</id>
        <published>2008-05-07T06:28:00-07:00</published>
        <updated>2008-05-07T06:28:00-07:00</updated>
        <summary>For years, social scientists have believed that children of divorce have had more behavior problems than kids growing up in two-parent homes. But the impact may not be as damaging as previously believed, according to new research to be released...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Child Custody" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>For years, social scientists have believed that children of divorce
have had more behavior problems than kids growing up in two-parent
homes.</p>

<p>But the impact may not be as damaging as previously believed, according to new research to be released Friday.</p>

<p>Instead
of comparing these youngsters to those with intact families - the usual
methodology - a more accurate assessment would be to evaluate them
before and after the marital dissolution, argues Alan Li of the RAND
Corp.</p>

<p>Many of the problems could be a result of pre-existing
personal characteristics that would be a factor in emotional and
behavioral issues even if their parents had managed to remain married,
said Li, who will present his findings this weekend at the annual
conference of the Council on Contemporary Families, or CCF, at the
University of Illinois Chicago.</p>

<p>"Many studies end up comparing
apples and oranges," Li explained. "Personality, parenting strategies
and detailed aspects of a person's biography all affect children, but
researchers haven't been able to measure many of these constructs."</p>

<p>In
addition, the report said, many earlier studies failed to take into
account differences between families, such as parents' socioeconomic
status and education, which can affect a youngster's well-being,
whether a couple stays together or not.</p>

<p>When these variables are
added to the mix, the psychological fallout is negligible, said Li,
associate director of the Population Research Center for the Santa
Monica, Calif.-based nonprofit.</p>

<p>He drew upon a national sample of
about 6,330 children between the ages of 4 and 15, whose mothers were
surveyed repeatedly between 1979 and 2002.</p>

<p>Mothers filled out a
28-item checklist on whether their children engaged in conduct such as
cheating, crying, arguing and breaking things. On average, less than
half showed a one-item increase after divorce, which is not
statistically significant.</p>

<p>Stephanie Coontz, a historian who has
written extensively on marriage, called the findings provocative,
adding that they could reframe the national debate on divorce.</p>

<p>To
increase the odds of long and happy unions, states such as Oklahoma are
funding marriage education programs, while others want to make divorce
tougher. In Louisiana, for example, the waiting period for couples with
children doubled from six months to one year.</p>

<p>However, these
findings suggest that staying together at all costs may not be the best
way to intervene, said Coontz, CCF's director of research.</p>

<p>Robert
E. Emery, a professor of psychology at the University of Virginia,
takes issue with the conclusion. While Li may not have found increased
negative behavior, less quantifiable is the hurt that can reverberate
across a lifespan, he explained.</p>

<p>"For example, graduation and
weddings can be turned into anxiety-ridden events for children whose
parents are divorced . . ." Emery wrote in a response to Li's findings.</p>

<p>Closer to home, most experts agreed that it isn't the split but the discord attached to it that is so harmful.</p>

<p>In
eight years as a mediator in the domestic relations division of Cook
County, Ill., Circuit Court, Jeff Ginsburg has seen it all. "It never
ceases to amaze me when divorcing parents cannot get past their anger
with each other to decide what is in the best interest of their
children."</p>

<p>Two periods of conflict surround dissolution, said Ginsburg, who is both a social worker and an attorney.</p>

<p>More about this in the <a href="http://www.bradenton.com/health/story/583179.html">Bradenton Herald.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>The McGreeveys are talking settlement</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/the-mcgreeveys.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/05/the-mcgreeveys.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-49495326</id>
        <published>2008-05-06T14:24:43-07:00</published>
        <updated>2008-05-06T14:24:43-07:00</updated>
        <summary>James E. McGreevey and his estranged wife spent this morning in settlement talks, making a last minute attempt to resolve their bitter breakup on the day the divorce trial was to scheduled to begin, court officials said. The settlement talks...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Celebrity Marriages" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>James E. McGreevey and his estranged wife spent this morning in
settlement talks, making a last minute attempt to resolve their bitter
breakup on the day the divorce trial was to scheduled to begin, court
officials said.</p>
<p>The settlement talks began at 9:30 a.m., broke for lunch at 1 p.m.
and focused on the contentious issues fueling the very public feud
between Dina Matos McGreevey and the former governor, said Sandra
Thaler-Gerber, spokeswoman for the state Superior Court in Union
County. The talks were scheduled to resume at 2 p.m.</p>

<p>"We are trying to see if there will be a settlement," Thaler-Gerber said.</p>
<p>The former governor was scheduled to testify today as part of the trial's custody phase, which is not open to the public. </p>
<p>But the settlement talks have superseded the start of the trial, Thaler-Gerber said.</p>
<p>"Everybody is hopeful. You want there to be a settlement," Thaler-Gerber said.</p>
<p>McGreevey is seeking to have 50-50 custody of Jacqueline, asking the
judge to have the girl alternate weeks living with him in Plainfield
and her mother in Springfield. Matos McGreevey has asked to continue
the couple's current arrangement: She gets custody while he gets
liberal visitation rights, including alternating weekends and some
holidays.</p>
<p>In addition to the custody issue, Matos McGreevey wants alimony and
support. McGreevey is paying $2,500 a month in support, but Matos
McGreevey wants any permanent amount to be higher. McGreevey claims he
has very little money, makes $50,000 a year, and is unlikely to make
more because he is a seminary student aiming to be a priest.</p>
<p>Matos McGreevey is a fundraiser for Columbus Hospital Foundation and earns $82,000 a year.</p>
<p>Matos McGreevey also sued McGreevey for fraud for not revealing to
her that he was gay before they married. Matos McGreevey wants $600,000
in damages for the year she did not live in the governor's mansion.</p>
<p>The McGreeveys married in October 2000. They publicly separated in
November 2004 -- three months after McGreevey resigned as governor and
announced to the world that he is gay and that he had an affair with a
male aide.</p>
<p>McGreevey, 50, filed for divorce in February 2007 after a settlement
agreement fell apart. Matos McGreevey, 41, lives in Springfield.
McGreevey lives in Plainfield with his partner, Mark O'Donnell.</p>

<p>From the <a href="http://www.nj.com/news/index.ssf/2008/05/mcgreeveys_talk_settlement.html">Newark Star Ledger.</a> </p></div>
</content>


    </entry>
    <entry>
        <title> Married Browsers Beware: Top Divorce Lawyers Note Soaring Use of Internet and Spyware Evidence</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/married-browser.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/married-browser.html" thr:count="3" thr:updated="2008-04-30T16:03:09-07:00" />
        <id>tag:typepad.com,2003:post-49025910</id>
        <published>2008-04-29T06:07:00-07:00</published>
        <updated>2008-04-29T06:07:00-07:00</updated>
        <summary>An overwhelming 79% of the nation's top divorce attorneys reported an increase in the frequency of Internet browser histories being used as evidence in divorce cases during the past five years, according to a recent survey of American Academy of...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="html" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
&lt;div xmlns="http://www.w3.org/1999/xhtml"&gt;&lt;p&gt;An overwhelming 79% of the nation's top divorce attorneys reported an increase in the frequency of Internet browser histories being used as evidence in divorce cases during the past five years, according to a recent survey of American Academy of Matrimonial Lawyers (AAML) members.&amp;nbsp; In addition, 44% of the respondents also cited a noticeable increase in evidence taken from Spyware programs.&lt;/p&gt;

&lt;p&gt;&amp;quot;Many spouses will use the Internet in order to act anonymously, but in many ways it's the most public thing someone can do,&amp;quot; said James Hennenhoefer, president of the AAML.&amp;nbsp; &amp;quot;Internet activity can provide valuable glimpses into the kinds of hidden activities that a husband or wife might be trying to conceal and Spyware programs can help to make this kind of monitoring extremely easy to conduct.&amp;quot;&lt;/p&gt;

&lt;p&gt;While 79% of AAML members who responded said Internet browser histories were a main source of information in divorce cases throughout the past five years, none of the respondents reported a decline in this information being used.&amp;nbsp; Additionally, 21% saw no change in how often a spouse used these records for evidence during this time period.&lt;/p&gt;

&lt;p&gt;Internet tracking through software was also noted as an increasingly popular means of gathering evidence.&amp;nbsp; In all, 44% of AAML attorneys said that Spyware was used more often than not in divorces over the last five years. Only 2% of AAML members noticed it had been used less frequently than in previous years.&lt;/p&gt;

&lt;p&gt;More at &lt;a href="http://www.earthtimes.org/articles/show/married-browsers-beware-top-divorce,359978.shtml"&gt;The Earth Times.&lt;/a&gt; &lt;/p&gt;&lt;/div&gt;
</content>


    </entry>
    <entry>
        <title>Divorce, pet style - ‘We Can’t Stay Together for the Dogs’</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/divorce-pet-sty.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/divorce-pet-sty.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-49025812</id>
        <published>2008-04-28T06:05:00-07:00</published>
        <updated>2008-04-28T06:05:00-07:00</updated>
        <summary>With Florida having one of the nation’s highest divorce rates, it’s not surprising that pets are part of custody battles all over the place. Who gets the dog? How do you decide, and what issues should you take into consideration?...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Pets and Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p>With Florida having one of the nation’s highest divorce rates, it’s
not surprising that pets are part of custody battles all over the place.</p>


<p>Who gets the dog? How do you decide, and what issues should you take into consideration?</p>

<p>A lot of us have known friends going through this situation and
sometimes the result has been that the pet loses its home. And that’s
not good.</p>

<p>Luckily, if you’re going through that problem now (my heart goes out
to you - it’s rotten for everyone), there’s some good advice by someone
who’s been there, author Jennifer Keene, writing in “We Can’t Stay
Together for the Dogs.” </p>

<p>Just out by <a href="http://www.tfhpublications.com/">TFH books ($22.95),</a>
which only publishes books about animals, it’s a well-researched and
written book with info on custody issues/arrangements and how to live
single again with a dog.</p>

<p>Keene is a Certified Pet Dog Trainer and owns Pup-A-Razzi, a
training business in Beaverton, OR. She lives with two dogs and has
visitation rights for a third.</p>

<p>“As you decide who your dog will live with, level of commitment to
the dog (and his special needs) must factor in significantly,” says
Keene in her book. </p>

<p>Think about safe handling, commitment to training (would one of you
do that, the other one isn’t interested?) and patience, among other
things.</p>

<p>Keene talks about the reaction from family and friends and how to handle it. I don’t think she’s left much out in this book.</p>

<p>It would be a great gift for someone in this touchy situation. And
there is good advice for those who think they need to stay together for
the dogs. Don’t do that — nobody wins that way — but read this book as
you go down that path.</p>

<p>From the <a href="http://www.palmbeachpost.com/blogs/content/shared-blogs/palmbeach/pets/entries/2008/04/21/divorce_pet_style_we_cant_stay.html">Palm Beach Post.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>DEAR ABBY: Cheated-on wife’s divorce ring deserved, even if meaning fuzzy</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/dear-abby-cheat.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/dear-abby-cheat.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-49025706</id>
        <published>2008-04-25T11:02:45-07:00</published>
        <updated>2008-04-25T11:02:45-07:00</updated>
        <summary>LITTLE ROCK — DEAR ABBY: I am a 45-year old woman with two daughters, ages 20 and 23. I married my high school sweetheart, “Cooper.” I had heard rumors that Cooper had strayed from time to time, but had no...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><span class="dateline">LITTLE ROCK</span> — DEAR ABBY: I am a
45-year old woman with two daughters, ages 20 and 23. I married my high
school sweetheart, “Cooper.” I had heard rumors that Cooper had strayed
from time to time, but had no evidence to back it up, and, of course,
he denied it.</p>
<p>I went by my husband’s office one day to surprise him, and his new
secretary informed me that Cooper had just taken his wife to lunch at a
local bistro! I went right over there and found them whispering,
kissing and feeding each other. I did not make a scene. When Cooper
arrived home that evening, I confronted him. He tried to deny it. I
called him a liar and he slapped me! (A first.) He moved out that
night, and I filed for divorce.</p>
<p>I pawned my wedding band and engagement ring. The clerk asked if I
was going to buy a divorce ring. I had never heard of one. I searched
online, found a nice one, ordered it and wear it proudly.</p>
<p>Cooper and his parents are livid! They say I am poking fun at him
and accuse me of “promoting divorce.” My friends and oldest daughter
think it’s cool. Some of my divorced friends have ordered rings, too.
The ring is different in design, beautiful, makes me feel good and
shows my independence. Should I feel guilty for wearing an identity
ring like this?</p>
<p>- Divorcing and Loving it North Carolina</p>
<p>DEAR DIVORCING AND LOVING IT: No, you should not. The next time
Cooper and his parents accuse you of “promoting divorce,” remind them
that it was Cooper who promoted divorce by openly cheating on you. If
the ring brings you pleasure - and comfort - then enjoy it.</p>
<p>However, please be aware that many people will not understand its
significance - and if you wear it on the third finger of your left
hand, they may think you are still married and unavailable.</p>

<p>Read it all at <a href="http://www2.arkansasonline.com/news/2008/apr/20/dear-abby-cheated--wifes-divorce-ring-des-20080420/">Arkansas Online.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>Ready for a Divorce? Your House Isn't</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/ready-for-a-div.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/ready-for-a-div.html" thr:count="1" thr:updated="2008-04-25T13:38:12-07:00" />
        <id>tag:typepad.com,2003:post-48905920</id>
        <published>2008-04-23T12:28:42-07:00</published>
        <updated>2008-04-23T12:28:42-07:00</updated>
        <summary>The Housing Slump Is a Stumbling Block in More and More Divorces David and Tipheny DelPrado divorced in 2006. But the legal battle between the two didn't begin to wind down until this month, and the housing slump may be...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Real estate and divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><h4>The Housing Slump Is a Stumbling Block in More and More Divorces</h4>

<p>David and Tipheny DelPrado divorced in 2006. But the legal battle
between the two didn't begin to wind down until this month, and the
housing slump may be partly to blame.</p>

<p>
Under their 2005 separation agreement, Tipheny DelPrado was supposed to
assume the mortgage on the couple's three-bedroom Virginia home. For
her, that meant either refinancing the mortgage or selling the house.
</p>

<p>Tipheny DelPrado argued that the poor housing market was
keeping her from making a sale, but that didn't stop a judge from
threatening to put her in jail on a charge of contempt of court, said
J.B. Thomas, the lawyer for David DelPrado.
</p>

<p>The couple reached an agreement earlier this month that kept
Tipheny DelPrado out of jail: If she fails to sell or refinance the
home by mid-July, she'll have to give it to her ex-husband.
</p>

<p>
Tipheny DelPrado did not respond to requests for an interview.</p>

<p>
"If she really wanted to sell the house, she would have to do anything
it took to sell it," Thomas said. "She might not get the price she
wants, she may not even get near the price she wanted had she sold it
two or three years ago."
</p>

<p>The DelPrados may represent an extreme case, but they're far
from the only divorcing couple coping with housing woes. Divorce
lawyers and real estate agents say that more and more of their clients
have found their divorces snarled by the struggles they face in selling
their homes.
</p>
<p>Last
month, median house prices saw their largest annual decline in nearly a
decade, while sales for single-family homes nationwide dropped 2
percent, according to the National Association of Realtors. As
shrinking home values, slow home sales and the credit crunch take their
toll on American homeowners, splitting couples seeking to sell property
might find themselves in a tougher spot than most.
</p>

<p>"It's always complicated when people own a house, live in a
house together and they need to get a divorce," said Lee Borden, a
divorce lawyer in Birmingham, Ala. "It's getting more complicated now
because they both know going into … a divorce that it's going to be
harder to sell the house, in many cases it's going to sell more
slowly." </p>

<p>Read it all at <a href="http://abcnews.go.com/Business/Economy/story?id=4705137&amp;page=1">ABC News.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>Woman's Divorce-By-YouTube Is 'Scary New Step'</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/womans-divorce.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/womans-divorce.html" thr:count="0" />
        <id>tag:typepad.com,2003:post-48547748</id>
        <published>2008-04-16T10:56:24-07:00</published>
        <updated>2008-04-16T10:56:24-07:00</updated>
        <summary>Woman Makes Claims About Intimate Life, Family A New York woman involved in a divorce battle spilled secrets about her husband, his family and their intimate life in a "scary, new step" in user generated content, attorneys said. Tricia Walsh-Smith...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><h4 class="SubHead"><em><em>Woman Makes Claims About Intimate Life, Family</em></em></h4>

<p>A New York woman involved in a divorce battle spilled secrets about her
husband, his family and their intimate life in a "scary, new step" in
user generated content, attorneys said.</p>

<p>Tricia Walsh-Smith can be watched on YouTube lashing out at her
husband, Broadway executive Philip Smith, in a teary and furious clip
that has been viewed more than 150,000 times. </p>

<p>Local 6 reported that lawyers can't think of another case like Smith's and are calling it a "scary, new step."</p>

<p>During
the video, Walsh-Smith goes through their wedding album on camera,
accuses her husband of trying to evict her out of their apartment, and
even makes embarrassing claims about their intimate life.</p>

<p>Her
lawyer said she acted out of passion and is a "victim who is holding
her head up," though he wasn't representing her when she made the video. </p>

<p>Her husband's lawyers say they're "kind of appalled."</p>

<p>Other
divorce experts said the video will likely come back to haunt her. </p>

<p>They
said the clip probably won't help her in front of a judge.</p>

<p>Read more at <a href="http://www.local6.com/spotlight/15896498/detail.html">Local 6.</a> </p></div>
</content>


    </entry>
    <entry>
        <title>Handling Debt After a Divorce</title>
        <link rel="alternate" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/handling-debt-a.html" />
        <link rel="replies" type="text/html" href="http://oc-divorce.typepad.com/california_divorce_and_fa/2008/04/handling-debt-a.html" thr:count="1" thr:updated="2008-10-08T16:36:43-07:00" />
        <id>tag:typepad.com,2003:post-48494222</id>
        <published>2008-04-15T11:33:12-07:00</published>
        <updated>2008-04-15T11:33:12-07:00</updated>
        <summary>My former husband has lived in our old house since our divorce in 2004. Problem is, we never refinanced the house in his name only. Now he is five months behind on the mortgage. Can I get any of this...</summary>
        <author>
            <name>jeff</name>
        </author>
        <category scheme="http://www.sixapart.com/ns/types#category" term="Credit and debt during divorce" />
        
        
<content type="xhtml" xml:lang="en-US" xml:base="http://oc-divorce.typepad.com/california_divorce_and_fa/">
<div xmlns="http://www.w3.org/1999/xhtml"><p><em>My former husband has lived in our old house since our divorce in
2004. Problem is, we never refinanced the house in his name only. Now
he is five months behind on the mortgage. Can I get any of this
delinquency off my credit report? Our divorce decree gave him full
financial responsibility for the house, but it is still affecting me. I
want to purchase a house this summer, and I am scared this is going to
hurt me. Help!</em></p>

<p>Everyone I talked with about your question answered with the same two words: "Oh no." </p>
<p>Unfortunately, there's nothing you can do about the harm that was
already done to your credit report. A divorce decree is an agreement
between the divorcing couple, but "it does nothing to separate their
assets, accounts or financial obligations," says Maxine Sweet,
vice-president of consumer education for Experian. </p>

<p>Despite the decree, your name is still on the loan, so you're liable
for all the payments, and the mortgage company is unlikely to remove
the delinquency from your report. </p>


<p>You need to take action immediately, before the situation gets
worse. Because your ex is more than 90 days late on the mortgage
payments, your credit score has likely taken a major nose dive. If the
bank forecloses on the house, you probably won't be able to buy a house
for at least a few years, says Emily Davidson, of Credit.com. </p>

<p>All divorced couples should take note before they end up in a
similar situation. "If you're relying on an ex-spouse to pay a debt
that's in your name, you need to do something," says John Ventura,
author of <em>Divorce for Dummies</em> and the director of the Texas Consumer Complaint Center at the University of Houston Law School. "It's a ticking timebomb."</p>
<p>You could help him with the mortgage payments until he gets back on
track. But it's better to get out of the situation. Tell the lender
about the divorce and ask if you can be taken off the mortgage.
"Several of my clients have had luck getting this done without
refinancing," says Chris Smith, president of Capstone Mortgage, a
mortgage broker in Lexington, Mass.</p>
<p>If that doesn't work, try to refinance the house in his name only.
But that might be difficult to do because of his late payments. "Most
lenders will not lend to anyone with more than one 30-day late mortgage
payment on their credit report in the past 12 months," says Smith.</p>
<p>Another option is to go back to court and ask the judge to order
your former spouse to sell the property before it goes into
foreclosure, says Ventura. Or perhaps your ex-husband would be willing
to give the house to you and have you make the payments. You could rent
it out until it's sold. "There is no easy solution to this problem," he
says.</p>
<p>Divorcing couples should never rely on one spouse to pay a joint
debt. Tackle the issue upfront by agreeing, for example, to have one
spouse refinance within a certain time period or sell the house. </p>

<p>The answer is by <a href="http://www.kiplinger.com/about/staff/klankford.html">Kimberly Langford</a> in <a href="http://www.kiplinger.com/columns/ask/archive/2008/q0414.htm">Kiplinger.com.</a> </p></div>
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