Now that many couples have moved away from a relationship model in which the male is the sole breadwinner, they have adapted by choosing spouses that fit the mold for a dual-earner relationship and it seems to be working, even in instances of high net worth divorce.
]]> According to a 1996 survey by the U.S. Census Bureau, 34.1 percent of men between ages 40 and 49 had been divorced. By 2009 that figure dropped to 28.5 percent. For women, the rate dropped from 37 percent in 1996 to 31 percent in 2009. For the most part, although divorce rates initially surged in the 1970s with the advent of no-fault divorce and more women entering the workforce; divorce rates have declined as people wait longer to get married and the dual-earner relationship model reduces the stress of depending on a single income.The median age at which men get married for the first time has risen from 23 in 1950 to 28 in 2009. For women, the median age has increased from 20 to 26. Researchers believe this is due to the time it takes to complete education and people generally being more patient when choosing a spouse.
While the statistics are encouraging, for some couples divorce may be necessary. In those instances, it is important for couples to reach an agreement concerning issues like property division, especially when there is significant marital property or business property. While it can be difficult to negotiate shortly after a break-up, an agreement that allows for a clean break and prevents disputes down the road is best for both parties.
Source: CNBC, "As Two-Income Model Matures, Divorce Rate Falls," David Milstead, May 7, 2012
]]>Berry and her ex broke up in 2010 and the aftermath has been contentious. Although the couple never married, they did have a daughter together which gives rise to legal issues surrounding custody and support of the young girl. According to court filings, Berry's ex is seeking $15,000 a month in child support in order maintain the lifestyle to which their daughter has become used to. The actress's former boyfriend is also demanding that Berry pay his attorney's fees which total a half-million dollars.
]]> Many people decide not to get married, perhaps to avoid the potential legal issues associated with divorce. When a couple has a child together, however, a break up can become very complicated. In addition to the troubles associated with every failed relationship, deciding how to care for a child after a break up can be difficult to negotiate. Even when the couple remains friendly, disagreements about custody, visitation and especially child support can become heated.As difficult as negotiating with an ex can be, it's an important part of finalizing a break up and moving forward. A child support agreement that is not well conceived or agreeable to both parties is likely to be the subject of future disputes. While it may be tough, parties should set aside their hostilities in order to reach an arrangement that serves the best interest of their child.
Source: San Francisco Chronicle, "Halle Berry's ex suffers delay in child support appeal," May 3, 2012
]]>Millán and his ex-wife were married in 1994, some time before he became famous for his exceptional ability to train troubled canines. According to divorce documents, Millán currently earns around $170,000 per month, mostly thanks to his hit television show. As part of the divorce decree, Millán will make a one-time payment of $400,000 to his former wife, likely the result of dividing marital assets. Additionally, he will be obligated to pay $23,000 per month in spousal support.
]]> The former couple also has two children together. Millán will pay $10,000 per month in child support, indicating that he will not be the primary caretaker of their two sons.As this divorce illustrates, it is important for couples to reach an agreement that they can both live with. As much as a divorcing couple may loathe the idea of negotiating with each other, a divorce decree can have long term consequences for both of them, as well as any children involved.
In Cesar Millán's case, the agreement includes a provision that states "intimate, personal and/or private information about the other party...including details of their personal and/or sexual relationships must remain confidential."
While Millán's divorce may have been expensive, a well-drafted agreement may preserve his reputation and earning power in the long run.
Source: Fox News Latino, "Dog Whisperer Facing Big Payout in Divorce," April 23, 2012
]]>Divorced couples in Illinois know that determining child custody can sometimes be the most contentious issue for a family. Although the concept of child custody is broken into both physical and legal custody, the fight for physical custody of the children can be bruising when the parents don't agree.
However, situations occur where one parent has to concede physical custody in the best interest of the child if a career or another opportunity requires them to move away from the child. In such cases, "virtual visitation" has become a popular option.
]]>Virtual visitation refers to the use of social media and technology to communicate with your children from a distance. This includes text messages, Facebook interaction, and webcam chatting via software such as Skype.
Slowly but surely, virtual visitation is being incorporated into the family law statutes of various states. Illinois was the most recent state to enact laws covering this type of visitation. Five other states have some type of virtual visitation laws as well including Utah, Wisconsin, Texas, Florida and North Carolina. More states are sure to follow.
There are pros and cons to this type of visitation. Virtual visitation allows for a closer parent-child relationship in the event that the non-custodial parent has to move away from the child. However, this type of visitation can result in abuse of the law, allowing the non-custodial parent an appealing tool to use as an excuse to move away.
Illinois may have been the latest to enact virtual visitation laws, but the state probably won't be the last. Technology has a profound impact on today's society, and those people involved in crafting parenting time plans in the future may want to incorporate virtual visitations.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>Although Etheridge and Michaels were together for nearly nine years, they ended their relationship in April 2010. The couple have two children together, a pair of 5-year-old twins. According to court documents, Etheridge recently sought to spend more time with the children after Michaels allegedly burned one of them with a cigarette on accident. The singer has also reportedly asked the judge to require both parents to provide a smoke-free environment for the children.
]]> Etheridge's filings come on the heels of a request by Michaels for increased child and spousal support. Although she currently receives $23,000 each month from Etheridge, Michaels alleges that during their relationship she became accustomed to a monthly budget of $128,000.Ending a serious relationship is never easy, and sharing children with your former partner only makes things more difficult. While a person may want to simply cut a former partner completely out of their life, with children that is often not an option because the other parent usually has at least visitation rights, if not joint custody.
Making a former partner happy may not be a top priority for most people after a break-up, but the well-being of the children involved should be at the top of everyone's list. When parents have a hard time crafting a plan they both agree on, it's important to keep the focus on the best interests of the children and avoid letting resentment influence the terms of a parenting plan.
Source: Huffington Post, "Melissa Etheridge, Tammy Lynn Michaels: Custody Battle Turns Ugly," April 10, 2012
]]>Rodman's attorney claims that he has never missed a child support payment and seeks to have the judge's contempt of court ruling overturned. Rodman's attorney claims to have evidence that he has satisfied his support obligations and owes nowhere near the sum alleged by his ex-wife.
]]> According to court documents, his attorney claimed that Rodman was has no money. However, she has since stated that he earns over $100,000 a year through appearances. Rodman has not played in the NBA since the 1999-2000 season, when he played only 12 games for the Dallas Mavericks.Rodman's predicament highlights the potentially severe penalties for falling behind on child support payments, and the importance of legal representation in such cases. Joliet residents dealing with child support issues would be wise to work with an experienced attorney. An attorney can help prevent child support problems in the first place by ensuring that obligations are properly calculated based on the payer's income.
Changes in circumstances, like a new job, may require recalculating child support obligations. An attorney can help an individual by filing a motion for a modification in child support payments.
Source: News On 6, "Dennis Rodman back in court over child support," March 28, 2012
]]>A divorce can often turn emotional and heated. Communication can quickly deteriorate between former spouses. However, it is often best to remain civil to avoid ruining healthy negotiations and creating a hostile environment for children.
]]> Former spouses may find it beneficial to consider each other's personality traits. People communicate differently, but by considering who you are working with and the way they deal with difficult situations may make negotiations easier.Additionally, it is often important to remain civil and polite. Although a relationship undoubtedly changes after a divorce, former spouses can and should communicate in a courteous manner.
In addition, people should be careful about what they say. Whatever a person says or writes to a former spouse may be used against them in divorce proceedings. If what a person is about to say or write is controversial or potentially damaging, then they probably should refrain from communicating that information.
Although people often search for someone to hold responsible during or after a divorce, it is also recommended that people avoid blaming each other. When someone blames another person it can be interpreted as an attack, which may hinder negotiations moving forward.
Going through a divorce can be difficult. In addition to good communication skills, it is also wise for individuals to have solid legal assistance. An attorney can help couples come to a resolution that is fair for both parties.
Source: Santa Monica Mirror, "Communicating With Your Ex After Divorce," Andra Brosh Ph.D. and Allison Pescosolido M.A., March 25, 2012
]]>Financial instability and uncertainty in the workplace can cause men to seek a greater sense of control in the home, according to the clinical director of a domestic violence organization in Chicago. She also says that financial strain does not necessarily cause domestic abuse, but it can increase the likelihood of it occurring in the home.
]]> Many women feel trapped in abusive relationships because their husbands have isolated them from outside sources of support and control the finances. Even though a couple appears to have plenty of assets in situations like these, men may own everything. Women become stuck in what some refer to as "functional poverty" because their household income makes them ineligible for free legal aid or counseling, but they have no access to cash.The recent rise in domestic abuse addresses the false stereotype that domestic violence is only prevalent in lower-class neighborhoods and among the poor or uneducated. Many victims are college-educated, professional women who gradually become trapped in abusive relationships.
Contrary to the sense of isolation and dependence their abusers strive to create and maintain, victims of domestic abuse have legal rights and options, including orders of protection and the possibility of divorce. Contacting an attorney to discuss options like these may be the first step in ending the nightmare of domestic violence.
Source: Wilmette-Kenilworth Patch, "Domestic Abuse Cases in Upscale Communities Increase in Bad Economy," Carrie Porter, Mar. 15, 2012
]]>In the last two decades, the divorce rate among people age 50 and older has doubled. In 2010, about one-third of adults between the ages of 46 and 64 were divorced, separated or had never been married. In the 1970s, only about 13 percent were divorced, separated or had never been married.
]]> People over the age of 50 appear to be divorcing for a number of reasons. Because people live longer nowadays, many people are reluctant to remain in an unhappy marriage. Additionally, older generations felt pressures from society to stay married. However, there is no longer the same stigma around divorce.One woman who is 55 divorced her husband after 18 years of marriage. She was distraught during her divorce proceedings, but has found that she enjoys the time she spends by herself.
Whatever age an individual might be, divorce may be the best option. Couples may realize that they have grown apart or simply want other things. When that is the case, couples may find it best to end their marriage.
When someone in Joliet is planning to file for divorce, they may find it best to work with an experienced divorce attorney. An attorney can help couples sort through the various matters involved in a divorce and work towards a resolution that is fair for everyone involved.
Source: The New York Times, "More Americans Rejecting Marriage in 50s and Beyond," Rachel L. Swarns, Mar. 1, 2012
]]>The mother of one of Terrell Owens' children says he is $20,000 behind on child support payments. She recently filed a petition in court and is asking him to be fined or even jailed if he does not pay the past due child support payments.
]]> Owens has four children. He is required to pay nearly $45,000 a month in child support. However, he has not been able to keep up on his payments and three of the four mothers of his children have filed lawsuits against him.Owens last played for the Cincinnati Bengals. However, the team failed to renew his $2 million contract. He now plays for the Indoor Football League and can earn up to $500,000. Unfortunately, that would not cover all of his child support payments for the year.
It is not known how this particular child support case will turn out, but it does serve as a reminder how difficult child support cases can become. Some parents may feel they are not receiving enough money, and in other cases, a parent may feel they are paying too much. Whatever the case may be, it is often best to consult with an experienced attorney who can help parents come to a resolution that is fair for everyone involved.
Source: The Atlanta-Journal Constitution, "Mom of Terrell Owens' child says T.O. is $20,000 past due," Christopher Seward, Mar. 2, 2012
]]>Although people typically think of physical abuse as the main form of domestic violence, emotional abuse can be just as damaging.
]]> According to one source, emotional abuse is the most common form of domestic violence. When someone is living with an emotional abuser they may start to feel powerless and lose their sense of self. Some would say being in a relationship with an emotionally abusive person is one of the worst things someone can experience.However, there are ways to deal with an emotionally abusive partner. When a spouse is yelling and screaming, it is often best for someone to walk away and directly remove themselves from the situation. People may also find it effective to confront the person to let them know they want to be treated with respect.
In addition, people may find it best to seek outside help through a support group, counselor or therapist. Couples may even consider going to counseling together.
Most importantly, victims of emotional abuse need to avoid bad coping mechanisms. Victims may try hurting themselves or turn to drugs and alcohol, but these types of coping mechanisms are likely to only make things worse.
Additionally, people need to know that they have legal rights. If someone is living with an abusive spouse they may be able to seek an order of protection. Speaking with an experienced attorney may be the best first step.
Source: GMA News Online, "Emotional abuse: The most common type of domestic violence," Veronica Pulumbarit, Mar. 8, 2012
]]>A survey by the American Academy of Matrimonial Lawyers shows that more and more couples are using smart phones as evidence in a divorce. In fact, 92 percent of the attorneys that were surveyed said they saw an increase in the use of smart phones as evidence in divorce cases in the last three years.
]]> Smart phones can provide a judge with a vast amount of information. They can have access to someone's text messages, emails, calls and internet search histories. Although it may negatively impact one spouse, information on a smart phone may be able to help a judge determine who is being truthful.Text messages may be able to prove whether or not someone's spouse was having an affair. In some cases, text messages may provide evidence of abuse.
Someone's call history can also provide a great deal of information. It may show that a parent was negligent towards their children and may even show whether or not a spouse was involved in illegal activity.
Our phones mean more to us than ever before, and it is almost impossible to find someone without a cell phone. People may consider the text messages they send and phone calls they make private information, but that is likely not the case.
Anyone in Illinois who is planning to get a divorce would likely benefit from talking with an attorney about their smart phone and the potential evidence that may be used against them. With proper planning, an attorney may be able to mitigate the potential consequences.
Source: Reuters, "Divorcing Couples Use Smart Phones as Legal Weapons," Stephanie Rabiner, Esq., Feb. 28, 2012
]]>People are aware of the dangers of cigarette smoking, but some people still choose to smoke. However, parents who are in the middle of a child custody battle may find it beneficial to quit.
]]> Smoking is now a consideration in child custody cases in as many as 18 states. There have been documented cases in which parents are prohibited from smoking around their children. There have even been cases where child custody agreements have been altered when a parent is found to have smoked around their children.One judge even went so far as to say a court that does not prohibit a parent from smoking around a child "fails those children whom the law has entrusted to its care."
Some, however, would argue that the state is overusing its power by prohibiting parents from smoking around their children. They may argue that the state should then monitor what a child eats and drinks and how many hours they spend in front of the television.
There are many reasons why people should not smoke. It poses serious health risks and can be a pricey habit to take up. Although it may not be a consideration in every case, it now appears child custody can be added to that list of reasons to quit.
Source: The Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Depending on how a business is structured from the beginning can determine how it will be split up in the event of a divorce. Typically, assets are split in half if a couple entered into a 50-50 partnership. If that is not the case, one person may be able to buy the other's shares in the company.
]]> Couples who decide to open a business together may find it beneficial to sign a prenuptial agreement for the business just as a couple would as they enter into a marriage. In addition, it is helpful for people to put in writing how much money they invested in the company and how much money they would expect to get back if the marriage and business partnership dissolve.One couple appears to have done it right. They have been married for 19 years and opened a business together in 1993. They signed a prenuptial agreement before opening the business and agreed to a 50-50 partnership. If they choose to divorce, their assets will be split in half.
Although no one wants to consider the fact that their marriage may not end up working out, planning ahead can prove to be highly beneficial.
Source: Fox Business, "Marriage and Business: The Ultimate Balancing Act," Kate Rogers, Feb. 13, 2012
]]>Finding the right attorney is always the first step. However, there are a few things that you can do to prepare. In order to end the marriage with a settlement that is not only what you want but one that will protect your interests into the future, your attorney needs to be able to see the whole picture.
]]> Your attorney needs access to the complete picture of your income, assets and liabilities. Gathering certain documents can help make the process go much smoother. So what documents do you need to collect?Too much preparation is never an issue, so try to find documentation such as tax records, savings and checking account records, insurance policies, investment documentation, retirement plans, estate planning documents, birth and marriage certificates, records you have kept of large gifts you and your spouse received, any business ownership agreements and, of course, any prenuptial agreement that may exist.
Gathering documentation is not the only preparation that will help. You can also take the time to think about what you want out of the divorce and where you picture yourself in three, five or 10 years. Think about whether you will want to continue a relationship with your ex through a business partnership, whether you want to continue to own your home and so much more. Making the decision to divorce is the first step, preparing for divorce is the second.
Source: The Huffington Post, "We're Getting A Divorce, Now What?" Linda Descano, Feb. 1, 2012
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