In the 1980s, the Hague Convention treaty came about to help countries deal with international child custody cases. The treaty states that when a child is abducted by a parent and taken into another country, the child must be returned to his or her habitual residence and that is where any dispute will be heard. However, not all countries have signed this treaty, and the U.S. government cannot always enforce it. As a result, one lawmaker is pressing the government to enact legislation that would empower the government to recover abducted children who are living abroad.
]]> U.S. House Representative Chris Smith re-introduced the legislation last week. During a subcommittee hearing of the House Foreign Affairs Committee a number of parents of abducted children testified about their experiences.One woman said that during a family vacation in India in 2008, her ex-husband took off with their children, severing contact completely. Although she has been awarded custody of the children here in the U.S., she has not seen them since her husband took them.
A man who testified, a former Marine Corps sergeant, said that in 2008 his ex-wife took their children to Japan and cut off contact. He, too, was awarded full custody and the children were ordered to be returned due to the Hague Convention, but they have not been returned.
Neither of these two countries has signed the Hague Convention treaty.
Rep. Smith's legislation would provide the president and the State Department with several courses of action and penalties in order to help force the return of U.S. children who have been taken abroad.
This is an issue that is near and dear to the hearts of many families and it remains to be seen whether this legislation would be effective in resolving cases of international parental abduction.
Source: USA Today, "State Department pressed for action on abduction cases," Malia Rulon Hernandez, May 9, 2013
]]>While this is actually the case in every state, a couple of states are now considering having animal advocates represent pets' interests in court. The practice has been designed for cases of animal abuse--such as the 2007 Michael Vick dog fighting case in which a guardian represented the interests of the dogs at trial--but lawmakers in Connecticut have considered involving animal advocates in pet custody disputes, too.
]]> The Connecticut bill has now been revised to allow animal advocates only in abuse cases after many lawmakers opposed their presence in pet custody disputes. Some say, however, that if the bill passes and animal advocates become accepted in abuse cases, the law could eventually be expanded to include pet custody cases.Under current law here in Georgia and throughout the country, custody proceedings do not apply to animals even though many people consider their pets to be their children. Pets, rather, are grouped in with all of the other property that must be divided in divorce--such as the marital home, furniture, cars and other assets.
Some judges, however, may consider factors such as who owned the pet prior to the marriage, who took care of the pet and who supported the pet financially in order to determine who really owns the pet. In most pet custody disputes, however, pet owners are more likely to benefit from working with their family law attorneys outside of court in order to negotiate a legal agreement dictating the future ownership of the pet.
Source: Associated Press, "Animal rights action in Connecticut gives hope to advocates across USA," April 29, 2013
]]>Georgia has been ranked 10th in the nation for the rate at which men kill women, according to a report released late last month by the Georgia Commission of Family Violence and the Georgia Coalition Against Domestic Violence. Most of these homicides, according to the report, are domestic violence-related murders. Hopefully the sobering facts in Georgia's 2012 Domestic Violence Fatality Review Report will encourage some victims of domestic violence to seek help.
]]> In order to get out from under the hand of an abusive spouse or partner, Georgia residents may want to contact a family law attorney. Of course, it may be necessary to contact the police as well in an emergency situation. In Georgia it is possible for victims of domestic violence to obtain a temporary restraining order almost immediately; this is done by petitioning for an ex parte restraining order. Later, the alleged abuser would attend a hearing where a judge would decide whether to make the order permanent.Victims of domestic violence often put off seeking legal help because they hope that the violence will pass, and that the abuser will change his or her ways. The truth, unfortunately, is that domestic violence tends to continue to escalate. According to Georgia's Domestic Violence Fatality Review Report, 128 Georgia residents were killed due to domestic violence in 2012; so far in 2013, 34 victims of domestic abuse have been killed.
Law enforcement officials have said that victims tend to be the most susceptible to violence right after leaving an abusive relationship or announcing they will leave. Those who are leaving violent relationships may want to consider contacting a family law attorney, police and possibly victims' rights advocates in order to put an exit plan into place that is as safe as possible.
Source: The Daily Tribune News, "State agencies release 2012 domestic violence fatality report," Jessica Loeding, March 31, 2013
]]>Now, of course, this had changed radically. In Georgia and across the country, the family home is frequently more of a burden than a blessing when it comes to property values. Many couples face underwater mortgages that significantly complicate their plans for ending the financial portion of their partnership in a divorce settlement.
]]> If you are considering beginning the divorce process, however, there are actions you can take to protect your interests and bring your goals into focus. Regarding your house, a basic first step would be to get an appraisal.To be sure, this will probably cost several hundred dollars when done by a licensed appraiser. But it is likely to be money well spent. When dealing with your soon-to-be-ex-spouse, an accurate appraisal helps bring clarity to the situation. This is particularly true if you and your ex do not agree on the value of the property.
Keep in mind that there is also an alternative valuation method called comparative market analysis (CMA). This can sometimes be done by realtors for virtually no cost. It may not be as accurate as an appraisal. But it will give you a ballpark sense of where you stand.
Source: "Three Ways To Value Your Home In A Divorce," The Huffington Post, Joseph E.Cordell, 3-1-13
Our firm handles situations similar to those discussed in this post in Georgia. To learn more about our practice, please visit our main property division page.
]]>More and more often, then, divorce in Georgia and across the country, involves people who are age 50 or older. In 1990, only about ten percent of divorces were among people that age. Now, it's about twenty-five percent. It's become so common there is even a shorthand term for it: gray divorce.
]]> The gray divorce trend, however, is made up of individual cases, each with its own unique opportunities and challenges. Money issues may be a significant factor for one couple but not for another. The same is true of sexual incompatibility, the effect of children leaving home, and other factors that affect whether longtime marriages continue - or end in divorce.Researchers who study after-50 divorce note that the causal factors abound in irony. When children leave home, for example, the impact could be to reinvigorate the marriage. But it could also make one or both partners realize that the marriage has run its course and, in emotional terms, become an empty shell.
Another factor in the increase in divorce after 50 is that the divorce rate rises for remarriages. Remarried couples may face complications with stepchildren. Difficult decisions about healthcare or finances can also be involved. Plus, people who have already been divorced know better than anyone that life goes on when a marriage ends.
Ultimately, interpreting the trend toward more gray divorce therefore becomes very personal. Statistics point toward a broad social trend, but it's up to each of us to make decisions for our own lives based on our own goals and values.
Source: "Post-50 divorce rate doubled in 20 years," Chicago Tribune, Leslie Mann, 2-27-13
]]>As society changes, new questions come before our family courts and state legislatures. When state law isn't clear, courts look to analogous cases decided in the past for precedent. If there is no clear precedent in their own cases, courts turn to other states' cases for guidance and a sense of any building public consensus on the question.
That's why family law attorneys pay attention to rulings from other states' courts, and why we're discussing a recent case in Kansas that has been making national news.
Three years ago, a man says, he did a good deed by answering a Craigslist post asking for a sperm donor for a lesbian couple. He accepted no compensation, and the three signed an agreement relieving him of any parental rights or responsibilities. Nevertheless, the State of Kansas is now suing him for $6,000 in past child support and attempting to hold him accountable for future child support.
]]> The trouble is this: the couple went outside the state's legal process for getting pregnant through artificial insemination. Kansas law requires a doctor or clinic to handle artificial insemination, and the process begins with the doctor or clinician signing a document stating that those seeking artificial insemination are fit to raise a child. The lesbian couple's doctor would not do that, so they decided to handle the insemination privately.After the child, a girl, was born, unfortunately, the couple split up. Even more unfortunate, one of the parents became ill and was unable to work. The girl's biological mother, unable to handle the expenses of raising the child alone, sought health benefits from the state.
On her application for benefits, she initially listed her ex as the other parent, but the state wouldn't recognize her to process the application, so the mother was forced to reveal the name of the sperm donor. The Kansas Department of Children and Families then brought a child support case against the man.
DCF's position is that, since the lesbian couple went outside the system, the contract they signed with the donor is invalid.
According to reports, the married sperm donor has already spent 10 percent of his annual income defending himself, and a legal defense fund has been set up through his lawyer.
What do you think? If the state sets up a system that essentially prevents same-sex couples from legally having children through artificial insemination, should they have the right to go outside that system? Is having a child a fundamental right? Does any government have the right to prevent "undesirables" from having children? Even if it does, should a sperm donor be held accountable for his participation by requiring him to pay child support? Should he have parental rights?
Learn more by visiting our website's page on paternity and child support.
Sources:
Usually, divorce attorneys would advise their clients to either sell their family business and divide the assets or let one spouse buy out another. Yet, in some situations, it is possible to keep the business going and have a successful business relationship.
]]> For example, the couple highlighted by The New York Times built a successful law firm together. When they divorced eight years later, they decided to try to continue their 50-person firm. Their working relationship remained successful, allowing them to continue the business to this day, six years after the divorce.How do you know if you and your spouse will have a similar success story? Only time can tell, but there are some things you can do to help it along, including:
Most importantly, your divorce, like your separation, should be amicable in order to move forward as business partners. An experienced divorce lawyer can help you work through the complications in your divorce and discuss the options for your family business.
Learn more by visiting our page on valuation and division of businesses.
Source: The New York Times, "When couples divorce but still run a business together," Bryan Borzykowski, Dec. 5, 2012
]]>According to a study by researchers at Bowling Green State University, more than one in four married couples over 50 were divorce in 2009, compared with one in 10 in 1990. Those who had remarried were 150 percent more likely to divorce.
The reasons that older Americans have for divorcing are usually different from the younger generations. Usually, the couple has grown apart over the years and at least one of the spouses is not fulfilled in the marriage. Cheating is only a factor in fewer than 30 percent of gray divorces. Perhaps a spouse realizes that the children are the only family members who are content or finds financial independence through employment that would have prevented her from leaving in the past. Whatever the reason, people over 50 have likely given the divorce a lot of thought, and this thought carries through the divorce itself.
]]> Divorcing after many years of marriageWhen people who have been together for many years decide to divorce, they are deciding on a big life change for themselves and sometimes their children. They understand this and, depending on the circumstances, are generally more cordial than other divorcing spouses. While younger couples fight over child custody and smaller pieces of property, older couples tend to focus more on retirement benefits, health insurance and other financial issues.
Of course, couples who have been married longer have more property to divide, so it makes sense to focus energy on that part of a divorce. While more women over 50 work, there is still a large population of women who were stay-at-home moms and never obtained the education they would need to find a proper job, so alimony (also called spousal support and spousal maintenance) also comes into play in some gray divorces.
The divorce itself can be stressful, but a large majority of divorced women and men over 40 say that they are relatively happy. Fifty-six percent rank themselves as 8-10 out of 10 on a happiness scale. Change, it seems, does not need to be a bad thing.
If the legal issues involved in divorce seem challenging to you, an experienced divorce lawyer can help you understand your options and take the legal burden off your shoulders. This means helping you:
To learn more about divorce, please visit our pages on divorce in Georgia.
Source: Huffington Post, "Gray Divorce: Will You Become Part of the Trend?" Shelly Emling, Nov. 1, 2012
]]>Life insurance can be covered in the divorce settlement. For example, the divorce settlement can require each spouse to put their children as the beneficiaries of their life insurance plans.
A big thing to remember is to take the former spouse off of any life insurance policies as beneficiary. Some may think that if they change their wills, that will control the disposition of their property if something happens. Life insurance, however, is a contract, and that will control so the beneficiary must be changed.
In addition, sometimes life insurance policies are only owned by one spouse and the other spouse is covered under a rider to the policy. The spouse who owns the policy controls the policy provisions, even on the rider. The spouse who is named on the rider must be released from the policy in order to change beneficiaries.
Divorcing spouses will have to get separate auto insurance plans. Sometimes, spouses can get auto policy payments in the divorce settlement.
If both spouses remain on the mortgage then both spouses must remain on the homeowner's insurance policy. If only one spouse is living in the house and the other spouse is still listed on the mortgage, make sure that mortgage and insurance payments are listed in the settlement.
If one party has remained in the house, but the other spouse took half of the household items, there is a possibility for reduced homeowner's insurance. Renters insurance should also be looked into for spouses who move out of the home and have to rent another home.
After a divorce, some spouses who want to remain on their exes employer provided insurance may be able to do that under COBRA which provides temporary coverage for specified workers and their spouses. The spouse will still have to pay the entire monthly premium and an additional fee. This only lasts for about 36 months under the federal law.
If there are children, spouses will have to decide whose plan the children will be on, and how the premiums will be paid for.
Dealing with all the different types of insurance is difficult and will bring on new and unanticipated expenses. Some of these can be dealt with in the divorce settlement but it is often unavoidable that expenses will increase.
]]>Family law matters like these are traditionally governed by state law, which can vary from state to state. So while military service is mostly federally controlled, what happens to the kids in a military divorce is largely a state-law question.
]]> The Uniform Law Commission is a large group of attorneys with representation from every state. For more than 100 years, the commission has drafted proposed uniform laws on particular topics when it would be ideal for each of the 50 states' laws to be similar and coordinating.The commission recently drafted the Deployed Parents Custody and Visitation Act for consideration by state legislatures, which must individually decide whether to adopt all or some of the Act's provisions into their state family law codes in the interest of creating state systems for military parents with custody problems that are more complimentary to those of sister states.
Currently, each state has crafted its own laws governing military parents' custody and visitation arrangements upon deployment.
For example, Georgia has detailed provisions for establishing temporary child custody arrangements when a military parent is deployed, and for transitioning back to the previous or to another arrangement when he or she returns.
Overall, Georgia law seems sensitive to the unique challenges of parental military deployment. The law repeatedly recognizes that time and communication are of the essence, and that both parents and the court must receive notice of important developments during this time of deployment. Hence, absent military parents are allowed to participate in hearings via electronic means.
Interestingly, Georgia law allows the court to substitute another person for the deployed parent in the parenting time schedule. Accordingly, in that parent's absence, another family member of that parent, someone with whom he or she lives, or another person having a close relationship with the child be granted parenting time during the deployment.
The law keeps jurisdiction with the Georgia court if the nondeploying parent moves out of state during the deployment, so that the military parent can seek a child custody remedy there upon returning.
And while Georgia's law protects the rights of both separated parents in a military family, the best interests of their children are always paramount in its provisions.
]]>For example, as a result of the first divorce a spouse may be paying child support and spousal support. Many states only look at the income available to pay support and don't consider the person's other financial obligations. This means a repeat divorced individual could end up paying multiple ex-spouses and have very little left over.
Additionally, the spouse likely has not recovered from the property division of the first marriage. He or she may only have half of the retirement assets and may still be paying taxes from selling assets. The recession has made property division in second divorces even harder.
Prenuptial agreements are a great way to protect assets in repeat divorces. Deciding how assets are going to be divided prior to the marriage keeps costs and stress levels down when going through a second or third divorce. Prenuptial agreements can also provide inheritance protection to children of previous marriages.
For those that find themselves going through divorce a second or third time without a prenuptial agreement, it is important to collect financial paperwork that shows what was owned by who at the beginning of the second marriage. It is also important to keep a list of all assets and liabilities acquired during the marriage. An experienced divorce attorney can guide you through this process.
]]>The main concerns for children under 10 include:
Parents are actually encouraged to not hide all fighting from the children. Kids who have the most difficult time adjusting are the ones who thought everything was fine. If children can see that their parents are unhappy together, they can better understand why their parents are divorcing.
]]> It is important to remember that these are still kids, and that they should not be placed in the middle of the divorce. A parent should not make disparaging comments about the other spouse in front of the kids, or ask them to take a message to the other spouse.A common concern is that the parents will divorce their children. Young children can take things personally and may not understand why they do not get time with a parent. Even if the parent's only option is to take a job out of state or move far away, children can feel rejected if a parent reduces contact with them. It is important to ensure regular contact to make sure they do not feel that way.
The last common concern is that kids want everything to go back to normal. Children work well in a routine, and they get used to living and dealing with both parents together. For them, dealing with each parent separately is a difficult transition.
It is important to remember that children deal with divorce differently, and that they do not have the same perspective as adults.
Source: Huffington Post Blog, "Top 5 Kids Concerns When Parents Divorce," Marie Hartwell-Walker, May 31, 2012
]]>Next, weigh overall outstanding debt. A 12-month history of all credit card and utility bills, as well as jointly held and personal loans will help parties decide who will take on what debt. It is advisable that couples pay off as much debt as possible before separating, and that each spouse should be responsible for something that they have property for.
Next, it is highly suggested that everyone run annual credit checks through all three agencies, as knowing where your credit stands before a divorce can prevent problems in the future. Doing so can remedy any inaccuracies found and put one in a stronger financial position. Honestly assessing one's spending habits can help one adjust for life after the divorce. People often underestimate how much they spend, so an honest accounting of actual needs can help give them a clearer picture of their spending habits.
Finally, knowledge of how much money is coming in and from where can help clarify how much alimony or child support will need to be paid. Sources of income to be considered include not only income from one's employer, but also income from business ownership and from investments.
Parties considering a divorce should obtain copies of tax returns, which include this information. This is especially important when one spouse is self-employed, as services can be paid for in several ways, and there may be hidden sources of income that may need to be detected by a forensic accountant, because the divorce settlement may be impacted by the value of a future license or of the assets of the business.
]]>It is to your advantage to notify your insurer as soon as these major life changes occur. If your ex-spouse gets into an accident, and your name is still on the insurance policy, you may be held responsible for the other driver's injuries or damage to the vehicle.
Anyone going through a divorce should secure separate car insurance as soon a new address is established or a spouse has vacated the home. Once someone is no longer residing in the home listed on the policy, that person should not be covered by the car insurance tied to that address.
Divorce is difficult enough, but figuring out the assets and the claims can be particularly cumbersome and draining. Unfortunately, a joint car insurance policy is one of those things often not addressed until it is too late.
]]>During the divorce itself, however, a slower pace is often recommended. The actions of people who are in the midst of a divorce can affect the outcome of the process, especially in the arena of child custody.
]]> Handling New Relationships During DivorceIf a divorce is particularly contentious, adding a new romance to the picture could make the process even more trying. Along with the ups and downs of dating, stress could arise when the other spouse finds out about the relationship.
Even when a divorce is amicable, it is still an emotional process. It is important to be aware of the effects of this major life event and to allow time to deal with the changes that have occurred.
This is not to say that it is impossible to foster a healthy new relationship during divorce. There are, however, additional considerations to keep in mind.
It is vital to consider how a new relationship could affect child custody, especially before the divorce is final. Georgia courts consider the best interests of the child when making custody decisions. The dating activities of parents, therefore, have the potential to influence the outcome of divorce and child custody proceedings.
If the parent's new partner is a potential threat to the child, due to a problematic past or current behavior that could harm the child's health or well-being, custody could be negatively affected.
In addition, children whose parents are divorcing may be struggling with the new situation. It is wise to hold off on introducing a new partner to children while a divorce is still in process.
Although a new relationship may offer a respite from the stresses of divorce, the parties should consider all of the potential consequences of their choices.
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