Just as child custody was almost automatically awarded to mothers a generation ago, it used to be assumed that if a couple got a divorce, it meant the husband would be paying his ex-wife every month to maintain her lifestyle. But these days, 47 percent of divorce attorneys throughout the United States say they've seen an increase in the number of women paying spousal support to their exes. And more than half of divorce lawyers have reported an increase in mothers who pay child support.
]]> The reason is simple: Women are earning more than they used to, and many are their family's primary breadwinners. The president-elect of the American Society of Matrimonial Lawyers, which conducted the attorney survey, recalls that in his graduating law school class almost 40 years ago, there were only six women out of 135 students. Since 1980, the number of women becoming lawyers has nearly doubled. When it comes to medical degrees, the number of men and women earning them is about equal. Thirty years ago, only one-third of medical students were women.Women have also largely taken over the financial responsibilities in their households, a far cry from the days when women would ask for an allowance from their husbands.
Overall, the shift is generally seen as positive, even if women resent the idea of having to pay their ex-husbands. It's the reason behind the change that men and women alike can celebrate: financial and professional equality between the sexes.
Source: The Huffington Post, "Alimony: Women Increasingly Paying Alimony To Their Ex Husbands," Patricia Reaney, May 10, 2012
]]>Most states, including Ohio, recognize legal separation, which doesn't lead to divorce in all cases. Many couples choose separation over divorce or dissolution for religious reasons, or because they still want to be married but just can't live with each other anymore. About 21 percent of couples who choose to separate never officially end their marriages, according to research recently conducted at Ohio State University.
]]> The choice of separation over divorce, particularly for women, often comes with having young children. The likelihood of separation over an immediate divorce increases for mothers with children younger than age 5, the researchers say.The average length of separation for a first marriage is about four years. For those who ultimately get divorced, it's three years. And yes, some couples do reunite. For them, the average separation time is two years. But the Ohio researchers said they saw no couples reunite after three years, which seems to be the point of no return. Couples who were separated longer either divorced later, or stayed legally separated.
But how does a legal separation work, and how does it differ from a divorce? Although couples don't need this civil court order to live apart from each other, it does allow them to legally settle child custody and visitation, child support, alimony and the division of property and assets. When a couple simply stops living together, arguments can quickly arise without allowing a court to issue orders on these matters. In the event the pair decides to divorce or dissolve their marriage, a legal separation agreement can make that step faster and easier because the aforementioned issues have already been settled.
Even if you and your spouse agree on most of the terms of your separation, it's a good idea to consult a family law attorney who can help resolve any lingering disputes, make sure no issues are overlooked and to write up the final papers.
Source: USA Today, "Splitting? 79% of marital separations end in divorce," Sharon Jayson, May 6, 2012
]]>Before electronic devices became varied and readily available, a spouse's financial misbehaviors often went undiscovered. Sifting through reams of paperwork was a tedious and frequently fruitless chore. Today's discovery methods are faster.
]]> The blazing efficiency of digital gadgets allows lawyers and spouses to uncover enormous amounts of data that untruthful spouses try to hide. Computer hard drives, GPS tracking systems, smartphones and social media websites now produce easy evidence of spousal shenanigans.Whether tapping into a husband's Facebook page, unveiling a wife's unmentioned bank account or physically tracking a partner's daily activities is legal or admissible in court depends on the state or the court in which the evidence is presented.
Spouses who trail a partner suspected of stashing cash, hiding transactions or funding an affair run the risk of having evidence tossed from court. Even jail time is possible, if the digital methods used to uncover wrongdoing are found to break laws.
The National Endowment for Financial Education reported that nearly one-third of spouses surveyed admitted they were not completely truthful about marital money. What many spouses fail to realize is that electronic communications are traceable. Even communications that are deleted can magically reappear with the help of the right software or forensic expert. If an email, social media comment or bank account is created, it can be uncovered.
More and more spouses are taking that unearthed evidence into divorce settlements and courtrooms. The American Academy of Matrimonial Lawyers has witnessed a giant leap in divorce evidence, more than 90 percent in some cases, from smartphones and websites like Facebook.
Source: The Wall Street Journal, "Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012
]]>Raising a child with physical and/or intellectual disabilities can be overwhelming at times. There are emotional, logistical and financial strains that may contribute to the end of a marriage. When that happens, managing those strains can get even more difficult.
]]> Managing the family budget can be difficult for any parent after a divorce. In Ohio, parents are only obligated to pay child support until the child turns 18 or stops attending high school full time, though that may be extended for disabled children who can't support themselves. But just as child support rarely covers all the costs of an average child, it usually fails to cover all of the expenses of private education, therapy, medical care and assisted living arrangements. To take away some of the stress of financial obligations, it's often a good idea to consult a divorce attorney with a financial planning background who can offer extra guidance as you make decisions on child support.Child custody is another decision that requires extra consideration with special needs children. Many disabled children require very regular routines and may not do well with constant shuttling from one parent to another. Both parents also need to make sure their homes are equipped with everything the child needs, particularly for physically disabled children. And above all, flexibility and cooperation between parents is a necessity.
Because it may have been difficult for the parents to cooperate when they were together, some decide to employ a neutral third party to help them make decisions and avoid conflict. It may seem unnecessary to one or both of you initially, but failure to make decisions that are in the best interest of your child is a far worse alternative.
Source: The Huffington Post, "Listen to Our Children in Need: Special Needs Children and Divorce," Sherri Donovan, May 4, 2012
]]>Advancements in technology have made it easier than ever for people to monitor each other secretly. A quick Internet search can turn up all manner of surveillance devices that are virtually undetectable to the person being watched. Digital video recorders and cameras are tiny and therefore very easy to hide, either on yourself or the person you're spying on.
]]> But that doesn't mean you should do it. Although technology plays some role in almost every divorce settlement these days, spying on your ex can easily backfire, landing you in deep trouble. A man in Texas recently filed a lawsuit against his ex-wife after he found a small recording device in the pocket of his son's jeans, allegedly planted there by the boy's mother. The device had recorded conversations not just between him and his son, but with his attorneys, therapists and family members. The lawsuit, which accuses the woman of violating federal wiretap laws, is still pending and the man hopes to settle out of court. But according to the man's attorney, his is far from the only case.People undergoing a tough divorce can lose control of their emotions and their logic fairly quickly. "They become so numb to common sense that they do all kinds of things you would not expect," says the attorney who brought a now famous case against a woman who hid a voice recorder in her daughter's teddy bear. His client was awarded $10,000, as were the other six plaintiffs in the case. The woman was forced to pay $75,000 in attorney fees and court costs.
That case should serve as a reminder that spying may be easy to do, but it isn't a wise move. A better course of action is to find an experienced divorce attorney who uses legitimate means of resolving your family law disputes with an outcome that will you leave you satisfied, rather than paranoid.
Source: Chron.com, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012
]]>Federal courts have had an electronic filing system available for years, and other counties are expected to adopt one once Franklin County's program takes off. It promises to make filing divorce and other processes possible without an attorney, which could save money and a considerable amount of paperwork.
]]> But just because some filings can be done without a lawyer doesn't mean you shouldn't consult one. Although you may be able to save money on some fees, divorces, child custody and support cases aren't necessarily made easier just because a computer is involved. Especially where there are contentious issues to resolve between spouses, the advice and representation of an attorney can be invaluable.It also pays to consider that in many cases, it's the personal contact with an experienced attorney that clients need most. For example, in cases where domestic violence or protection-from-abuse orders are involved, a computer can't provide a safety plan. The same is true for a bitter child custody battle. A computer can allow you to file paperwork from your home, but it can't act as an advocate.
Ensuring you're filing the proper forms and getting each one right can be difficult. A divorce or dissolution requires not just one form, but several. When you add children to the mix, things get even more complex. And if you've ever used a computer to file complicated tax returns online, you probably know that helpless feeling of hitting a technical roadblock or a confusing question with no one to rely on for help. Using an attorney can help ensure you're doing it all correctly. You're still saving money in the process, but with some counsel, you can be assured you won't have to go back and fix any errors down the road.
Source: NewsandSentinel.com, "Electronic filing may spread soon," Kevin Pierson, April 29, 2012
]]>An article in Sports Illustrated said that 60 percent of NBA players become broke only five years after they retire from the league. Even more stunning is the fact that 78 percent of NFL players are broke just two years after their playing days are over.
]]> Antonio Cromartie, a defensive back for the New York Jets, aptly illustrates how child support can factor into a player's financial demise. Cromartie is the father of 10 children he had with eight different women. Cromartie is forced to fork over $294,000 a year in child support for his children. And this sum could always go up if one of the women takes him to court and asks for more money. While Cromartie might not be hurting for money now, how is he supposed to stay current on these payments when the money stops rolling in?It's a familiar refrain for high-profile athletes like intimidating linebacker Ray Lewis, Hall of Fame running back Marshall Faulk and even boxer Evander Holyfield. They all fathered a number of children with at least four different women and were burdened by high child support payments.
Famed wide receiver Terrell Owens recently reached his breaking point. He filed for bankruptcy because he could not afford to pay $240,000 a year for each of his four children. He had those children with four different women.
Although most single parents in Ohio never see quite as many figures on their paycheck as these athletes do -- or as many mothers lining up for that paycheck -- many do struggle to stay current on their child support payments. When this happens, it may be time to consider a child support modification. Talking to an attorney about getting your payments lowered, especially if your income has changed dramatically or you've lost your job altogether, can help you avoid serious financial trouble.
Source: The Grio, "Does 'baby mama drama' make athletes go broke?" Kunbi Tinyuoye, April 20, 2012
]]>Some of these changes are financial. If you end up paying child support or alimony, you'll be giving up some of your income. Even if you're receiving these funds, the money will be less than what your spouse once contributed to the household. With that in mind, here are some tips to consider as you go through the divorce process.
]]>Source: The Huffington Post, "Top 5 Ways to Ensure Financial Security During Your Divorce," Brendan Lyle, April 23, 2012
]]>If you and your spouse are closer to the latter type, you may want to consider a collaborative divorce. Similar to dissolution, this process keeps you out of a courtroom and can be completed much more quickly than a typical divorce. Collaborative law works best for couples who are willing to work together, not against each other, in hammering out the details of their breakup.
]]> In collaborative law, each spouse works with a lawyer, just as in a traditional divorce. But instead of meeting in a courtroom and mailing papers back and forth in the meantime, there's a four-way conference among the parties in which they decide on issues such as alimony; the division of assets and property; and child support, custody and visitation. There may be occasional disagreements, and that's OK. The attorneys are there to act as mediators, rather than encourage aggressive confrontation.When couples manage to stay out of court, they avoid the possibility of having a judge decide what's best for both spouses. Many who have gone through the process report feeling happier and more satisfied with the outcome because they had more control over it.
Collaborative law is a growing practice in Ohio and across the country. A law professor at Ohio State University recently called it "without question the fastest growing form of alternative dispute resolution in North America." And that's with good reason. Most couples who decide to end their marriage are looking for an efficient process. Those who are willing to cooperate find that process with the help of a collaborative law practitioner.
Source: The Lawyers Weekly, "Collaborative law nears maturity," Donalee Moulton, April 6, 2012
]]>According to a recent study out of Ohio's Bowling Green State University, the divorce rate among baby boomers has increased by more than 50 percent, boosting the fraction of single people -- either never married, separated or divorced -- to nearly one-third among people ages 46 to 64. Compare that to 1970, when just 13 percent were single. Older divorcees also aren't remarrying as often as they used to.
]]> "Gray divorce," as the Ohio researchers call it, calls attention to shifting attitudes about marriage among baby boomers. For example, the very acceptance of divorce has changed. No longer is marriage always seen as a lifelong institution, and those who get divorced don't face the same stigma that their parents might have.Older adults have also gone from seeing marriage as a role-based partnership to one requiring personal satisfaction and fulfillment. In other words, they're less likely now to stay in a loveless marriage for the sake of marriage itself. According to a Pew Center study, 66 percent of boomers said they would choose divorce over an unhappy marriage. Among younger people, the preference was at 44 percent.
What's causing these changing attitudes? In part, the researchers said, people are living longer and realizing they don't want to spend their golden years with someone who no longer makes them happy. Baby boomer couples are also more likely to have two incomes, which means women are not as likely to stay with their husbands out of sheer financial dependence.
That's not to say the actual process of getting a divorce is easier for baby boomers than it is for any other generation, older or younger. Finances are still usually a concern, and some baby boomers do still have children living at home. No matter what their age, people going through a divorce usually haven't been through one before and can benefit from an experienced family law attorney who can not only negotiate alimony, child support and custody details, but also address the unique issues of someone ready to strike out on their own later in life.
Source: Deseret News, "Gray divorce: More boomers are choosing to go it alone, study says," Lois M. Collins, April 15, 2012
]]>The number of unmarried women having children while living with a male partner has increased by 83 percent in the past 10 years. The number of first-time fathers living with the mother of their children rose from 18 percent to 25 percent. Couples who remain unmarried won't have to worry about divorce, but are there other family law issues that could crop up?
]]> A sociologist at Ohio's Bowling Green State University surmises that the drop in marriage has to do with the recession. Many of these couples might have intended to get married, but in the meantime, she explains, "life happens. You form relationships. You have sex. You get pregnant." It may be more expensive over time to raise children than to get married, but it's also possible to be a good parent without having a lot of money or a marriage certificate.Even those with higher incomes and more education are choosing more often to start a family before marriage. Many simply don't feel the traditional economic need for marriage, but want to start raising a family. And it helps that the stigma of raising a child outside of marriage has disappeared, for the most part.
Still, some relationships end, whether a couple is married or not. When that happens, parents will want to set up a plan for child custody, visitation and support. This is when the traditional route of consulting an attorney can come in very handy. You may not need a divorce, but a family law attorney can make all the other processes easier when you're ready to move into the next phase of your life.
Source: USA Today, "More children born to unmarried parents," Sharon Jayson, April 12, 2012
]]>There are many legal options that may be available to you that will allow you move on with your life. Divorce, dissolution, legal separation, & annulment are all legal options that will allow a spouse to move on with their life. Speaking with an experienced Columbus Ohio Divorce Attorney would be a good idea to see what the best legal option would be for you given your situation. Speaking with a professional who can help can give you peace of mind and help you see the light at the end of the tunnel. Hiring legal counsel will guarantee that someone is looking out for your best interest. Legal counsel can help you resolve issues such as child custody, child support, spousal support, and the division of assets & debts. It is important to note that there are others going through a situation similar to yours. The last thing you want to do is beat yourself up over it. Chances are it isn't your fault.
The friendly law office of Ralph A. Kerns & Associates is committed to providing excellent representation, which includes carefully explaining to our clients every legal option available to them under the applicable law. We are here to help you through this difficult time and we are always available to answer your questions. We have helped people through a wide range of family law and domestic matters for over 30 years. We are qualified to practice in any county in Ohio and familiar with each county's local rules. Through friendly service and aggressive representation, we ensure our client's rights are protected. We never hesitate to act quickly and efficiently when time is of the essence. Call today for a free consultation. Help is one phone call away!
]]>The legislation, proposed by Rep. Michael Turner, R-Ohio, would prohibit a judge from permanently changing a child custody agreement while a service member is deployed, as well as prevent a court from using most military deployments to decide whether someone is a fit parent. Courts can currently use military deployments against members of the military when deciding on child custody arrangements.
]]> The bill would apply to military deployments that last from 60 days to 18 months and don't allow the accompaniment of family members, such as combat assignments. If custody were transferred to the other parent or another guardian during a deployment, the service member would be given custody again upon his or her return.Although the measure has passed six different times, each time it's gotten hung up in the Senate Armed Services Committee. Turner and the bill's co-sponsor, Rob Andrews, D-N.J., have been able to secure the support of the Defense Department, the leaders of which once believed child custody disputes were so rare and applied to so few people that a change in the law wasn't necessary. They're now hoping that a letter to Defense Secretary Leon Panetta from all 63 House committee members will lead him to support the latest bill.
Turner said he wants to put an end to military service members' fears that their choice to serve will threaten their child custody rights and portray them as unfit parents. It seems only fair; after all, most of us are not judged as good or unfit parents based on the type of job we have. Military parents are just as capable of being committed to their children as people with other occupations.
Source: Air Force Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012
]]>Each individual needs to assess which assets they wish to keep and which they prefer to leave for their soon-to-be ex-spouse. Good legal counsel can help provide a preview of the likely division of debts and property assets, along with what obligations there may be for spousal or child support.
]]> Armed with all this information, a divorcing spouse can then begin to make some important decisions, such as whether a family residence should be retained or whether it would be best to sell the home and divide the proceeds between the spouses.A divorced person will, in many instances, require new credit card and/or bank accounts, separate from joint accounts they may have previously had with their former spouse. If direct deposit is used, paychecks or government benefit checks should be redirected to the new account.
Issues may also arise concerning health insurance, particularly if one spouse has been carried on the other's health insurance policy. In some instances, a person may be eligible under a policy to elect continuing COBRA health insurance coverage and pay for it. If so, it is important to comply with any deadlines for providing notice.
Planning must also take into account future finances, including retirement funds. A divorcing person may also need to reassess their tolerance for risk on existing investments in light of their changed financial circumstances.
Source: The Miami Herald, "Facing the financial facts of getting a divorce," Andrew Menachem, March 10, 2012
]]>Eight years later, a gay couple has raised the issue by seeking a divorce in the state. A Columbus, Ohio, judge granted one to the couple last week. The men married last September in New York, where same-sex marriage was signed into law in June 2011. Their divorce led an organization called the Ohio Campaign to Protect Marriage to file a legal brief stating that the two men couldn't be granted a divorce in an Ohio court because "by default" it would be a validation of their marriage.
]]> But an attorney for one of the men said that neither this split nor any other divorce of a gay couple interferes with the gay marriage ban. The constitutional amendment and state law, he explained, apply to marriage only, not divorce.There is no federal law that recognizes either gay marriage or gay divorce. States that have recognized same-sex marriage treat all divorces the same. But what about states where gay marriage is banned, such as Ohio?
This is not the first time the issue has been raised. Two women legally married in Massachusetts were granted a divorce in Texas last year, prompting the state attorney general to file a motion to undo the ruling on the grounds that the judge didn't have authority to grant a divorce in a state that doesn't recognize same-sex marriage. The judge ruled that the motion was untimely.
To address this conundrum, Ohio may have to pass a law to address the issue of same-sex divorce, just as Rhode Island did in 2009, allowing same-sex divorce even though gay marriage isn't recognized. Otherwise, those who are against the unions of gay couples will effectively keep them together by not allowing them to legally split.
Source: EdgeBoston.com, "Ohio Judge Grants Gay Couple Divorce," Jason St. Arnold, March 27, 2012
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