Possible New Grounds for Divorce When Filing for Divorce under Florida Divorce Laws?

There are, of course, many different reasons why a spouse might want a divorce:
disputes about money and property, infidelity, incompatibility, etc.

Here’s a “ground” for divorce you may not have thought of.

One spouse expects to be buried or cremated when they die, and the other expects …

To be frozen and preserved – in the hope of eventual revival and restoration to health and longevity.

You may have heard of cryogenics.

But did you know it places a great strain on a marriage?

One couple has managed to live for 28 years with this one chasm dividing them – bitterly. But the spouse who wants to be frozen, the husband, isn’t trusting his wife to see that his final wishes are carried out as he has painstakingly planned.

The originator of cryogenics reportedly advocated divorce in the event that the spouse who does not wish to be frozen will not cooperate with their partner being frozen.

But some spouses are not willing to go quite that far. They make their arrangements to be frozen behind their spouse’s back – for fear that their spouse will divorce them over their choice.

Disagreement over whether to go the cryogenics route probably isn’t a ground for divorce in too many cases right now. But time will tell about the future …

Read more in this New York Times Magazine article: Until Cryonics Do Us Part.

Share
Posted in Uncategorized

A Lot of Folks You Know Getting Divorced? You Could Be Next

Social scientists followed participants in a study of risk factors for heart disease for thirty-two years.

And learned that divorce is a social condition. When divorce penetrates a social circle, it is much more likely to strike within that social circle again.

This finding confirms what many people likely observe around them.

The corollary is that where divorce has not yet penetrated a social circle, a first divorce within that social circle is less likely to occur.

Some ancillary findings.

Having children tends to counter social impetus toward divorce.

Remarriages are more likely to result in divorce than first marriages, with each successive walk down the aisle facing escalating risk of divorce.

Read more in this New York Times piece: Is Divorce Contagious? and this Huffington Post piece: Is Divorce Contagious?

Share
Posted in Uncategorized

Swiss Court to Rule on What May Be Record-Breaking Property Division of at Least 6 Billion UK Pounds Between Ultra-Rich Russian Couple Living in Switzerland

What may become the highest ticket divorce in the world is about to unfold in Switzerland around a super-wealthy Russian couple.

Husband made his money in mining. All 6 Billion UK pounds of it … or, according to Wife, much more.

Among their assets are a valuable art collection featuring paintings by the greatest artists of all time, a yacht worth 72 million pounds and high end real estate scattered around the globe. Including a 62 million pound mansion down the road in Palm Beach, Florida. Previous owner: Donald Trump.

Wife alleges that Husband has had multiple affairs, and carried on with some of his mistresses on their very own yacht.

Wife (of more than twenty years) is seeking nearly 4 billion pounds as what she claims is her fair share (half) of Husband’s true wealth.

Wife also alleges that Husband has hidden assets abroad.

Husband, however, alleges that Wife signed a postnuptial agreement precluding as huge a property division award to her as she is seeking.

Husband also contends that he no longer possesses much of the wealth Wife attributes to him.

Although Russian nationals, the couple and their children have lived in Geneva since 1995.

Read more in this [UK] Telegraph article: Russian oligarch facing world’s most expensive divorce.

Share
Posted in Uncategorized

Valuations for Property Division and Asset Splitting in Divorces Should Adjust for Tax Impacts and Risk

A financial advisor highlights some financial issues to address in property division in divorce. Tax consequences can have a significant impact on the ultimate value of any asset to the recipient. Asset splitting calculations should factor in tax impacts and risks.

  • retirement accounts – factor in tax treatment or impact of the transfer and, if allowed, subsequent withdrawals as well as protection from creditors

  • insurance – protection of dependent spouse and children against the death or (more likely to occur) disability of the support-paying spouse and availability and cost of health insurance for the dependent spouse

  • deductibility of legal fees – although divorce legal fees in general are not deductible, the portion of legal fees attributable to tax planning or tax counseling is deductible

Read more in this [AR and OK] Times Record article: Reducing Financial Devastation Of Divorce.

Share
Posted in Uncategorized

Father Who Owes Almost $100,000 in Child Support is Served with an Order for Arrest … Thanks to Mother’s Diligence in Monitoring Father’s Criminal Record, Insistence on Order’s Existence and Persistence in Locating Order

North Carolina Mother and Father are no longer together.

But they have two children together for whom Father was ordered to pay child support.

Father reportedly is more than $90,000 in arrears in his child support obligations.

In 2009, the North Carolina family court issued an Order for Arrest of Father.

Mother keeps tabs on Father’s criminal record daily through the North Carolina courts web site.

Now Father is arrested on an unrelated matter.

Mother springs into action in pursuit of her children’s overdue child support.

Upon Mother’s inquiries, court personnel have no knowledge of the Order of Arrest.

But Mother doesn’t give up. And finally the Order for Arrest is located in the court file.

Unfortunately, there is no record of it in the courts’ computer system.

So law enforcement authorities would not be in a position to serve the Order on Father but for Mother’s vigilance and diligence.

When Father comes to court on the unrelated charge, he is served with the Order for Arrest.

Now Mother awaits the Court’s action upon the order and Father’s arrearages.

Mother’s difficulties reportedly stem from the fact that Father lives in a different county from her and her children.

It’s not clear why Orders for Arrest aren’t entered into the state’s computer system.

Read more in this Charlotte [NC] News 14 article: Mother frustrated by county’s handling of child support

Share
Posted in Uncategorized

How Not to Celebrate Father’s Day: Apparent Child Custody Dispute Erupts into Violence

Boyfriend and Girlfriend are at home with nine month old Baby.

Girlfriend’s mother, Grandmother, arrives.

Grandmother takes Baby outside and parades down the street with him.

Girlfriend goes after Grandmother and they argue.

Boyfriend comes out to check on them later.

Grandmother’s boyfriend, along with some of his friends, allegedly attack Boyfriend with a metal pipe and bats.

Boyfriend goes to the hospital for treatment of lacerations to his head and wounds on his back.

Grandmother’s boyfriend reportedly calls Boyfriend at the hospital and threatens to go there and continue beating Boyfriend.

Grandmother’s boyfriend and his cohorts arrive at the hospital.

Grandmother’s boyfriend is arrested on charges of assault and armed criminal action.

This happens on Father’s Day. And reportedly relates to a child custody dispute over Baby.

Read more in this Kansas City Star article: KC man charged in Father’s Day fight over baby.

Share
Posted in Uncategorized

Wife Appeals Divorce Rulings Even As Husband Files Civil Suit to Compensate Him for Business Awarded to Him in Divorce But Allegedly Diverted to and for Wife

Tennessee Husband and Wife divorce.

Husband keeps marital business that sells wetsuits over the internet.

Wife goes to work with some competitors of Husband’s business during the divorce, if not sooner.

Husband’s business gradually fails.

Husband brings a federal civil lawsuit against Wife, two companies she works with and the principals of both companies.

The lawsuit alleges a conspiracy to steal Husband’s customers and business name.

The family court already found the elements of fact to support Husband’s allegations … and that Wife had lied under oath repeatedly.

Husband is pursuing compensation and punitive damages in the civil lawsuit.

In addition to the alimony and attorney’s fees Wife was ordered to pay Husband in the original divorce, and the marital assets awarded to Husband in the original divorce.

Wie is appealing the final judgment in her divorce from Husband.

Read more in this Nashville Post article: Nashville at law: eBay merchant accuses ex-wife of swiping his business.

Share
Posted in Uncategorized

Family Courts Deny Child Custody and Restrict Visitation and Timesharing To Parents Engaged in State-Sanctioned Medical Marijuana Use and Cultivation

Washington state Father and Mother have two Sons together. They broke up some time ago.

Father and ex-Girlfriend have a Daughter together. They have also broken up.

Father is a glassblower who also runs an organic farm.

Father has no criminal convictions and has never been accused of child abuse or domestic violence.

Father’s timesharing and visitation with all three of his children is restricted.

His timesharing with all three children is required to be supervised. And takes place only twice a month.

At a supervised visitation center. Sons are not legally permitted to enter Father’s house.

Why the requirement of supervision?

Father uses and grows marijuana for medical purposes, in compliance with Washington state law.

Under Washington law, medical marijuana patients “shall not be penalized in any manner or denied any right or privilege”.

Still, family court judges routinely consider state-sanctioned medical marijuana use in making child custody rulings and visitation and timesharing rulings.

Such rulings arguably are not exercises of the court’s power to punish or disciminatory against medical marijuana patients.

They are arguably exercises of the family court’s sound discretion in carrying out their charge to rule in the best interests of the children who are the subjects of the divorce and child custody cases they preside over.

The other parent of the children arguably has an interest in insulating their children from illegal drugs and illegal drug use (under federal law).

And in their children not being left in the care of a parent whose judgment is or may be impaired.

Courts in other states that permit medical marijuana use, such as Colorado, have ruled similarly to the Washington court presiding over Father’s case regarding his Sons.

Read more in this Associated Press article: Medical Pot Can Cost Parents In Custody Disputes and this San Francisco NBC TV news article: Medical Marijuana Weighing on Child Custody Disputes.

Share
Posted in Uncategorized

Japanese Introduce a Symbolic Ceremony for Divorce

There’s a new way to celebrate independence. Not of a political sovereignty.

Of spouses. Or, actually, ex-spouses.

With a divorce ceremony. They’re catching on in Japan.

Couples (presumably amicable ones) invite friends and family to witness their separation and renewal of their lives. And their destruction of their wedding rings with a gavel.

At a “divorce mansion”. The flashy affair runs about $600.

The originator of the concept, a former salesman, is now exporting his creation to Korea.

And carries the distinction of being Japan’s (if not the world’s) first “divorce ceremony planner”, a brand new career.

Read more in this Reuters article: Japanese couples say “I do” – in divorce ceremonies.

Share
Posted in Uncategorized

Japan a Safe Harbor for International Child Abduction and Domestic Parental Alienation

You have to think twice about having a child with someone from Japan. Even if you’re from Japan.

If the parents break up, one gets sole custody of their children and the other gets … absolutely nothing. No custody. No visitation. No contact.

Ever. As though that parent had died.

Unless the custodial parent chooses to allow it.

Who gets custody in Japan?

If one of the parents is not Japanese, the Japanese parent almost always is the one to win custody.

Regardless of what any prior foreign custody determinations may have been.

Making Japan the ideal place for a Japanese parent living abroad to flee with their children.

Other nations have been increasingly vocal in insisting that Japan enter the Hague Convention on the Civil Aspects of International Child Abduction.

As well as many Japanese family lawyers and parents.

But that would be only the first step necessary to protect the parental rights of foreigners.

Japan’s archaic domestic family law would have to change dramatically as well.

Read more in this Inter Press Service article: Left-Behind Parents Want End to Single Child Custody System and this Conducive Chronicle article: Left Behind Parents.

Share
Posted in Uncategorized