What many Broward County residents may not realize is that one of the most straining aspects to a divorce is whether or not child support will play a role in the split. It can require delicate negotiations to handle such an issue; but, in the end, both parties know that they need to do what is in the best interests of the child.
]]> That's what makes the following story so disappointing. A famous mountain climber, Annabelle Bond, has been accused by her ex-husband of concealing some of her finances to increase the child support payment she received from her. Bond's ex-husband also contends that her current flame helped concoct the scheme.To any divorcing couples out there, remember: it pays to be honest (we mean that somewhat literally). When you are going through a divorce, do not try to conceal things in order to better position yourself for the settlement. It can spawn unnecessary and costly litigation, such as in this case.
Source: New York Times, "Millionaires Clash Over Socialite's Child Support Claims," Peter Lattman, April 26, 2013
]]>Take Jane Levy as an example. The 23-year-old actress, known for her role on the TV show "Suburgatory," is filing for divorce from her husband, roughly two years after the two wed. Few people were even aware that the two were a married couple.
]]> Roughly seven months after Levy and her husband were married, the couple started to have doubts. Levy waited before filing for divorce, and now the entire episode is being revealed.There are a couple of things to take away from this story, and the first is that, despite what many people may think about divorce, it is possible to have a private, subdued divorce. A divorce does not have to be the protracted, divisive process that it is often portrayed as. You and your lawyer can discuss your case and make a plan to achieve such a divorce.
At the same time, it is possible to keep things civil during your divorce, especially if you try to go with an expedited approach. Good-faith discussions and constructive negotiations on the issues with your soon-to-be-former spouse are cornerstones to a quick, civil and ultimately beneficial divorce for both you and your spouse.
Source: New York Daily News, "'Suburgatory' actress Jane Levy files for divorce after secret marriage," Chiderah Monde, May 5, 2013
]]>Aniston announced that she will not sign a prenup with Theroux, as she is too happy and in love to "taint" the relationship with a prenup. It is a very noble move, but apparently some of Aniston's friends are a bit worried that her decision to reject a prenuptial agreement could backfire on her down the line.
]]> Some sources are reporting that if Aniston were to get divorced from Theroux in the coming years, it could cost her as much as $150 million.Prenuptial agreements are very important contracts in today's society. Aniston's idea of leaving the marriage undisturbed (so to speak) by not signing a prenup is very admirable -- but it is also an archaic way of thinking about prenups. These contracts do not symbolize "anti-love" -- they merely set ground rules for a couple if they decide to divorce (and with divorce rates hovering around 50 percent, it is easy to see why these documents are necessary).
In addition, as a person with extreme wealth and numerous assets, Aniston stands to lose a great deal if she and Theroux were to get divorced.
Source: Christian Post Contributor, "Jennifer Aniston Declines Prenup: Justin Theroux Divorce Could Cost $150 Million," Benge Nsenduluka, May 1, 2013
]]>Well, things have finally reached their conclusion in the Kardashian-Humphries saga: a divorce settlement was finalized recently, and all that is needed to complete the split is each party's signature.
]]> No details are being released about the divorce, as the court documents are sealed. But, some sources are saying that Humphries did not receive any money from Kardashian (something he had previously asked for); nor will he receive the annulment he wanted.Given this drawn out episode and the extensive coverage it has received, there is little else to add to conversation. But, there are a few things that the average Omaha resident can learn from this seemingly otherworldly divorce.
The first is that not every divorce is completed as quickly as the divorcing parties would like. Sometimes one spouse is difficult to negotiate with; sometimes a spouse will engage in excessive legal action, with the intent of wearing down his or her spouse. It is just something to be prepared for. An expedited divorce is possible, but it is not a guarantee.
The other thing to remember here is that a well-crafted pre-nuptial agreement usually prevents any of the messy divorce disputes that you sometimes see with splitting couples. Bringing an experienced divorce attorney aboard to help write a proper prenup can save you many headaches should your marriage turn to divorce.
Source: USA Today, "Kim Kardashian, Kris Humphries divorced at last," Ann Oldenburg, April 19, 2013
]]>Much of the problem comes from the fact that so many people find it difficult to talk openly and honestly about money. Instead of addressing problems head-on, they let them fester until they become so big that a fight is inevitable.
]]> In fact, a recent survey revealed that approximately half of all married people admit to keeping money secrets from their spouses. What's more, 56 percent of women and 37 percent of men admitted to lying about money issues. Despite this, a significant majority of survey respondents agreed that financial honesty was just as important as sexual monogamy.If your spouse wants to control your family's finances alone or starts behaving oddly when you talk about money, you may want to dig further to see if there is some financial dishonesty going on.
It's much better, though, to try and avoid conflict by having proactive discussions about your finances. Try starting with these tips:
If talking about money is new or difficult for you, you may want to consider setting an appointment with your spouse to have this discussion.
Source: The Huffington Post, "Financial Infidelity: What To Do When Someone Financially Cheats?" Diane L. Danois, April 20, 2013
Our law firm represents people in Nebraska who are seeking divorce. For more information, please visit our website.
]]>With so many complex layers happening during a divorce, it can be easy to forget about some of the basic things in your life that will change in the wake of the divorce. With that in mind, here are a few things to remember when you and your soon-to-be-ex decide it's time to call it quits:
]]>While none of these things is necessarily positive, they also don't have to be negative. Bringing on legal professionals to help you manage your finances in the wake of your divorce -- or bringing aboard an experienced divorce lawyer to help you get the best settlement possible -- can help you in each of these areas.
Source: Los Angeles Times, "Five ways divorce will impact your finances," Stuart Pfeifer, March 28, 2013
The most recent entry into this wave of behavior comes from Reddit, which had a page showing a destroyed vehicle. The windshield was cracked (as if someone took a baseball bat to it); the tires were popped; and the whole car was spray painted with terms such as "liar" and "cheater."
]]> Whatever the details are about the incident that caused this destructive show of behavior is irrelevant; and for the sake of argument, let's imagine the couple involved in this story is married. Doing this may feel good as an act of revenge, but it can be extremely damaging to what we can only assume is an upcoming divorce case.Acting on a destructive impulse like this could lead to a criminal case against you, and that will not play well in divorce court. Your spouse could use the episode as evidence against you during negotiations about the issues involved in your divorce. Child custody is a major issue that could be affected by a criminal case.
So, as always, act with class when you are going through a divorce. You may not feel calm and civil on the inside; but putting on that front for the duration of your divorce (and after) can help ensure you live happily after the split is final -- a fate that is infinitely more satisfying than a 30-second romp on your ex-spouse's car.
Source: Huffington Post, "Cheating Stories: Ex Trashes Car After Owner Is Caught Cheating (PHOTOS)," April 5, 2013
No matter how it occurs, filing first can be a good thing. That is not a universal result though. So here are a few things to consider when divorce is on the table:
]]>Source: Forbes, "What Are The Financial And Legal Advantages Of Being First To File For Divorce?," Jeff Landers, March 26, 2013
Considering the important nature of prenuptial agreements, let's take a moment to discuss some of the aspects of these contracts.
]]> The first thing to realize about divorce is that there are basic laws that every state has that govern a split. When married couples divorce, these rules are "followed." We use quotes there because the divorcing couple can negotiate different terms by reaching a post-marital agreement -- but if the divorce is so contentious that neither party can agree to anything, then these basic laws are used.This is where a prenuptial agreement can benefit a couple. They apply new rules to the divorce -- in other words, the rules, guidelines and provisions that you and your spouse created in your prenuptial agreement. That document becomes the base set of rules for dividing property, divvying assets, determining alimony and numerous other provisions that you and your spouse want addressed.
Now, there are some Nebraska residents who may incorrectly believe that a prenuptial agreement should only be considered by couples that have considerable wealth or assets. However, that is not the case. The divorce rate is so high now, and these contracts have become such a vital element of marriage, that almost any couple should consider drafting a prenuptial agreement before tying the knot.
Source: New York Times, "Prenups for Some, Money Talk for All," Kathleen Miller, March 22, 2013
Bringing in an attorney as soon as possible to try and expedite your divorce process can let you focus on the things that really matter in your life. If you and your spouse are willing to negotiate on integral things in your divorce, then an attorney can help find that middle ground that leaves both parents happy with the split.
]]> That leaves more time for the parents to focus on their kids and explaining the situation to them. In addition, with the issues out of the way and the parents happy with the way things were finalized, they feel less animosity towards the other. That means less disparaging comments that impact the way the child feels about their relationship with their parents.This is very important to consider when you hear about a new study from the University of Toronto that says children of divorce are more likely to smoke cigarettes in their lifetime. With nearly 19,000 participants (of which more than 20 percent were children of divorce), the study found that men who, prior to turning 18, saw their parents get divorced, were 48 percent more likely to smoke at least 100 cigarettes in their lifetime. Under the same circumstances, women were 39 percent more likely to smoke that amount of cigarettes.
Source: Huffington Post, "Divorce Research: Study Finds That Children Of Divorce Are More Likely To Smoke," March 14, 2013
Nothing exemplifies this better than a 2011 announcement by the American Academy of Matrimonial Lawyers, which said that in the five previous years, the existence of prenuptial agreements had increased 73 percent. Such an alarming jump in the prenup rate shows that we live in a different time, and that it is not taboo to discuss such an important contract.
]]> Prenuptial agreements allow each spouse in the marriage to designate how certain assets will be split in case of a divorce. This contract could cover assets that are brought into the marriage, or assets that are garnered during the marriage; the prenup can discuss whether alimony or spousal support will be paid; and it can literally cover hundreds of other conditions that pertain to marriage and divorce.Prenuptial agreements are often considered airtight -- that once they are signed, they will be enforced. For the most part, that is true. But a recent case out of New York shows that even prenups can be successfully appealed.
A woman and her husband -- worth roughly $20-30 million -- filed for divorce. Before they were married, the woman's husband suggested a prenuptial agreement which ensured he kept all the assets garnered during the marriage. In return, he would pay her $25,000 for every year that they were married. She refused to sign it though -- until he promised to tear up the contract once they had children.
That promise amounted to fraud, the woman claims, because the prenuptial agreement is now being enforced; and a judge agreed with her assertion, tossing the prenuptial agreement.
Source: Huffington Post, "Elizabeth Petrakis, Millionaire's Wife, Gets Prenup Thrown Out," Katherine Bindley, March 11, 2013
What does this have to do with divorce? Well, Odom is currently in a legal dispute with his ex-girlfriend, Liza Morales. The two are contesting custody of their 9-year-old daughter and 5-year-old son -- and Lamar Odom had to fly from Oklahoma City (where he just played) to New York to go to a custody hearing.
]]> Once Odom made it to the custody hearing, he fell asleep on the bench after his lawyer and Morales' lawyer entered closed-door discussions. A court officer asked Odom if he was alright before requesting that he sit up. Odom briefly obliged before slumping down again.While this was not in the presence of the courtroom, this somewhat-odd episode is a reminder about courtroom manner. Usually this pertains to criminal defense cases, where it behooves a defendant to appear professional and remain calm at all times. Any negative body language could hurt the defendant, even if it is only subconsciously, with the judge or jury.
But it pertains to those in family court as well. When you are before the court, you must look and act the part: you have to pay attention, appear alert and have the look of a professional even if, deep down, that is not what you're feeling.
Source: Yahoo!, "Lamar Odom, attending a child custody hearing, falls asleep on a courtroom bench," Kelly Dwyer, Mar. 5, 2013
]]>The short answer to those questions is: just keep being the great parent you were before the divorce. Help your son or daughter with their homework; take them out to places they enjoy; stay active in their extracurricular activities and support them when they are in need.
]]> In many divorce cases, though, the parent-child dynamic is forever altered following the split. And that's where the long answer comes in, if you can even call it an answer: it depends. Every parent-child relationship is different, with myriad factors that play key roles in the dynamic.But there is one thing that divorced fathers can take solace in. According to a new study, fathers and daughters that play sports together have better relationships with each other. The Journal of Human Communication published the study last week, which noted that playing sports was a "turning point" (in a positive way) in the relationship between a father and daughter.
The daughters who participated in the study said that playing sports with their father taught them valuable lessons, such as having confidence and learning the value of competition. They also just enjoyed the one-on-one time they got to share with their father.
Source: inSing, "Playing sports helps fathers bond with daughters: study," Feb. 21, 2013
The probability of a crash begins to increase significantly directly after consuming alcohol and all states in the U.S. have laws in place concerning the amount of alcohol allowed in your blood system before taking the wheel that are enforced with very serious legal consequences. Under Nebraska law, driving under the influence is considered a misdemeanor offense and repeat offenders often face even stiffer penalties.
]]> A Lincoln man was recently cited for his four DUI offense after a one-car crash in Weeping Water, Nebraska. Upon failing to properly negotiate a turn the man lost control of his Ford Explorer veering off of the road. The SUV struck a nearby tree injuring his passenger. The driver was contained by police under suspicion drunken driving while his passenger was taken to Nebraska Medical Center for treatment of injuries sustained in the crash.The driver was also cited for lack of insurance documentation and now faces possible repeat DUI charges. Charges such as these are extremely serious and may result in legal consequences including fines and possible jail time. If you or someone you know is facing a second or third offense DUI in Nebraska, consulting a criminal defense attorney may aid in defending your legal rights.
Source: Omaha.com, "Lincoln man cited for 4th DUI," Jay Withrow, Feb. 12, 2013
]]>When a couple files for divorce, both spouses may be under the false impression that it is impossible for their soon-to-be-ex to find out critical pieces of information through their Facebook or Twitter profiles. Social media sites have this aura where the users are aware of the public nature of them, yet they may not really care about establishing appropriate privacy settings.
]]> As a result, divorcing spouses could have a field day with their ex by snooping through their profile. Inappropriate photos or conversations with former flames could be presented as evidence in family court, damaging a person's reputation and affecting the ultimate settlement they receive.In addition, it is best to be civil when using social media while going through a divorce. Making comments on Facebook or Twitter that threaten or embarrass your soon-to-be-ex can certainly be used against you during the split.
But another website could cause a divorcee concern: dating websites. Even though it is tempting to get right back out on the dating scene in the wake of a divorce, the information on your dating profile could be accessed by your spouse. If you lie about certain aspects of your character, a family court judge may not look kindly upon you.
Source: AAML, "Dating Websites Providing More Divorce Evidence Says Survey: Nation's Top Matrimonial Lawyers Cite Match.com as Most Common Source," Feb. 11, 2013