While the home is usually the largest asset a couple has, there are also other assets that could be overlooked during the process but which may actually come into play during the settlement. For instance, some people fail to consider stock options, retirement accounts and even pension plans. Even though some of these items may not be joint marital property, they may still be considered for an equitable division of assets in a divorce in which one party is shown to be at fault.
]]> Examining individual and shared debts can also help clarify divorce negotiations. For example, looking at credit card debt or loans may help determine who is responsible for what portion. It could also be beneficial to pay down debt as much as possible before filing for divorce. Doing so could help lessen the liability on both parties.Honestly assessing one's spending habits is also a good idea when negotiating a divorce settlement. Knowing exactly what is spent may help both sides determine if the other will actually need the assets being sought. People tend to be surprised when confronted with exactly how much money is spent, but taking the time to track expenditures can clarify matters for both parties in the short as well as the long term.
Source: Fox Business, "Five Things to Know About Your Finances Before a Divorce," Cindy Vanegas, May 4, 2012
]]>The man, who is not a U.S. citizen, had been in the country illegally and gotten married in 2007. A year later, he was ordered by a court to return to his country of origin -- Mexico -- and when he went, his new wife went along with him. However, when she became pregnant, she moved back to the United States to have her daughter.
]]> The father tried to illegally re-enter the United States to be with his family, but he was caught by authorities and sent back to Mexico. Soon after, the baby girl was taken out of the home and placed in protective custody, and the mother was accused of abuse and neglect. Through a trial hearing on the matter, the state ruled that the mother was not able to adequately care for the girl.Even though he was legally banned from entering the United States, the father kept tabs on his daughter. He contacted the Department of Health and Welfare asking that she be allowed to move to his country.
Interestingly enough, in 2010, after severing the parental rights of the mother, the Department of Health and Welfare also tried to terminate the father's parental rights, claiming that the man had abandoned his daughter. After that, the little girl was sent to live with a woman -- a foster parent -- who was actually an employee of the agency and wanted to adopt the little girl. When the father attempted to fight the department, a lower court sided with the state, claiming the man had never supported his daughter financially.
Eventually, this ruling was overturned by the Idaho Supreme Court, and the biological father will have custody of his daughter in Mexico. The court in this case questioned the Department of Health and Welfare's motives, especially since an employee wished to adopt the child. The court wondered whether the move to terminate the father's rights had to do with the potential adoption. It appears the father took the time to study his own rights as a father, helping him prevail in a case that may be an inspiration to Texas parents who are caught in a similar situation.
Source: Idaho Statesman, "Court: Idaho girl should live with dad in Mexico," Jessie L. Bonner, April 27, 2012
]]>While divorce is sometimes the best option for service members, the military divorce rate continues to remain lower than that of the civilian sector. That fact has prompted a study into the reasons why military marriages appear to be more resilient.
]]> In addition to service members' general attitude towards the sanctity of marriage, some people believe that the extra benefits that members receive may have something to do with the lower rate of divorce. Competitive wartime pay, allowances for married service members and helpful family support programs could be factors in a strong marriage.However, even with all of this, a startling statistic presents itself and calls all the other factors into question. Female military personnel suffer an extremely high divorce rate -- two times the rate for military men and much higher than the rate for female civilians who share a similar age and educational background.
The overall data is generally positive, though, and points to the idea that simple security could be the major factor in keeping these couples together and preventing a military divorce.
Source: The News Tribune, "Military marriages show surprising resilience through deployments," Karen Peterson, April 14, 2012
]]>A study followed 136 married couples and questioned them periodically over 10 years. All of these couples reported being happily married within the first four years of marriage. Researchers asked the couples to answer questions about marriage satisfaction, level of commitment, personality traits, whether there was emotional support in the relationship, and other questions.
]]> Interestingly enough, the couples who later divorced did not vary from others in the study with regard to how happy they were initially, but there was variance in the categories of communication and support. Those who subsequently divorced reported poor communication and lower emotional support from their spouses.Couples who were more likely to divorce were found to use blame and invalidation more often than other couples in the study. Verbal aggression on the part of a spouse and the discouragement of expressing feelings were also significant factors.
These findings have led researchers to believe that issues with communication and emotions at the beginning of the marriage may predict problems that could ultimately lead to divorce. It is important to keep in mind that even as the study may point to predictors of divorce, many variables exist in a couple's decision to end their marriage. The current research merely shows factors that could contribute to marital issues down the road.
Source: The Atlantic, "What Kinds of Happy Couples Eventually Get Divorced?," Alice G. Walton, April 16, 2012
]]>For years it has been believed that a child being diagnosed with cancer or another severe illness was linked to divorce. But according to a new study in which 47,000 married couples with children participated, that isn't necessarily the case. Some 2,450 children who had been diagnosed with cancer over a span of 17 years were matched against some 44,853 children who did not have cancer. The data can thus be broken down to 18 cancer-free children per one child diagnosed with cancer.
]]> The study focused on Danish families, and researchers found that parents with ill children were not more likely to divorce than parents with healthy children.Of course, these findings don't suggest in any way that parents of children with cancer or other life-threatening illnesses do not get divorced, as that situation certainly happens. In addition, this study does not conclude that parents will not have relationship problems after the tragic diagnosis of a child. But while the focus of the study was the divorce rate in Denmark, the authors indicated that the findings could generally be applied to other countries as well.
Nevertheless, it is also true that emotional and financial stress in general can take their toll on a marriage. Texans who are considering divorce for any reason will want to be aware of their rights and responsibilities under Texas family law.
Source: MSNBC, "Child's cancer does not boost parents' divorce risk: study," April 10, 2012
]]>In 2010, the former NFL star was served with divorce papers after being seen out in public with a 23-year-old woman other than his wife, who was hospitalized at the time. Barber's new girlfriend happened to be an NBC intern, turned Maxim model, while Barber was working on the NBC show "Today" as a correspondent.
]]> Barber and his girlfriend were planning a spring wedding, but it was postponed after his pending divorce spiraled into a battle over alimony. Barber claimed he was unable to afford the amount of alimony his estranged wife was seeking. Now, according to a recent report, the couple has 60 days to submit their settlement to the court to be finalized.Barber and his soon-to-be ex-wife have two sons together, and she gave birth to twin girls shortly after she filed for divorce. For many people, the separation was an unexpected turn in what early reports indicated was once a happy relationship.
Many El Paso residents are also aware of how a marriage can suddenly turn sour. But whether or not a relationship breaks down in what seems like an instant or deteriorates over time, divorcing couples generally face emotional challenges they never could have expected. Still, individuals who strive to maintain open lines of communication during divorce negotiations are more likely to reduce the stress of achieving an equitable dissolution of the marriage. After all, cooler heads often prevail.
Source: FOX Sports, "Tiki Barber reaches divorce settlement," April 4, 2012
]]>The Texas Attorney General emphasized that child support is a moral and legal obligation of parents, and by collecting delinquent payments, the state is ensuring that young children in Texas are able to have the resources they need to be healthy.
]]> The counties involved in the recent campaign were Gregg, Orange and Van Zandt. Since the roundup began toward the end of March, a total of 34 parents have been arrested. These parents face a potential punishment of up to six months in jail, and the money parents post to get out of jail goes directly to the custodial parents and children for whose benefit the child support is owed.Throughout the entire state, the Attorney General's Office has collected over $3 billion in child support for fiscal year 2011. Parents who are delinquent in child support but do not have a civil warrant for their arrest may benefit from contacting the Texas Attorney General's Child Support Division to make payment arrangements. Additionally, those whose financial circumstances have changed may be able to seek a modification of future support payments. Such a modification can also send a message to the custodial parent that the non-custodial parent still has the best interests of the child in mind.
Source: mykpxi.com, "Child Support Roundup," March 27, 2012
]]>While parents' conflicting emotions during a child custody dispute are normal, a divorce can still be managed in a positive way that helps children come out of the divorce with a sense of security and the knowledge that they are loved by both parents.
]]> To help children in the El Paso area through the process of divorce, parents may want to take special care to let their children know that the reasons for the marital difficulties have nothing to do with the kids. Reassurance is especially important during this time because children may feel confused or at fault for the divorce. And sometimes getting children to open up emotionally can be difficult. That is why encouraging them to talk about their feelings with no fear of recrimination can help the children come to terms with their changed family situation.Establishing routines is also an important part of helping children during and after custody proceedings. Living arrangements and visitation rights should be established prior to discussing them with the children. The predictability of a routine to which both households adhere can create a sense of security for both the children and the parents. Although the routine might change once the child gets older, setting a schedule now may help children have a sense of balance during and after the divorce.
Texas parents should also take care not to make a child feel guilty for enjoying time with the other parent. That means striving not to speak negatively about the other parent. Though it may be trying for the divorcing parties, clear communication between parents is one way of achieving an amicable child custody arrangement.
Source: montgomerynews.com, "COPING: Coping with divorce a struggle for children," Dr. Caryn Richfield, March 25, 2012
]]>At the time of the separation, the man was only making an annual income of $29,000. By 2008, his income had drastically increased to approximately $250,000 per year, although the child support for the two children stayed the same. The woman's income remained below $40,000 per year the entire time.
]]> In 2006, the son elected to attend college, and his father agreed via email to help assist his son with expenses and also to repay his student loans. However, in the same message, the father also wrote that he was reducing the child support payments for his other son to only $100 a week. Still, the father apparently didn't fulfill his promise to the son who was in college, and the ex-wife sued.Initially, a South Carolina family court sided with the ex-husband and said he was not required to pay college costs for his children. In addition, the family court reduced the woman's child support and also refused to make the man pay for her attorney costs. Fortunately for the woman, the state Supreme Court heard the case and reversed the family court's previous rulings. The mother in the case saw the decision as a victory for all children of divorced parents throughout South Carolina.
This story took place outside of Texas, but readers in the El Paso area certainly have related concerns. Custodial and non-custodial parents alike will want to explore all of their options regarding child support law in Texas. Doing so can help ensure that the best interests of the child -- both for education and health -- remain a top priority.
Source: Aiken Standard, "Divorced parents in S.C. may have to pay for college," Jeffrey Collins, March 11, 2012
]]>A recent news article connects lower productivity in the workplace to people who are going through a divorce, since suffering emotional trauma linked to a breakup can lead to missed workdays and difficulties with work performance.
]]> However, open communication and attention to detail during a divorce may help make the process easier.Almost 50 percent of U.S. marriages end in divorce, an experience that ranks number two on a list of the most stressful events that can occur in person's life. But employees who are going through a traumatic breakup can take steps to ensure that their home lives do not become too mixed up in their work lives.
For instance, taking the time to speak to a counselor or trusted friend about any difficult feelings may help alleviate some of the burden associated with a stressful divorce.
Emotional and financial challenges can crop up when separating from a spouse, but open communication between the parties and between attorneys can turn a difficult situation into something that is easier to bear.
Additionally, many workplaces have resources available to assist employees who are experiencing these types of life challenges. However, if those resources aren't available, individuals may seek solace in family, friends, counselors or professionals who are familiar with the ins and outs of family law.
When couples decide to dissolve a marriage, it can be an understandably emotional time for everyone involved. But people in the El Paso area who are confronting such problems would do well to keep their options open, look into what resources are available and seek the appropriate counsel to ensure the proceedings go as smoothly as possible.
Source: Huffington Post, "Downgrading Divorce From Crisis To Process In The Workplace," Deborah Moskovitch, March 1, 2012
]]>The court agreed, and now the man must either spend 60 days in jail or post a written apology to her every day for 30 days on the very same Facebook page. While this ruling occurred in another state, those couples going through a divorce in Texas would perhaps benefit by recognizing the potential mishaps that can come with modern technology.
]]> The man claimed he was frustrated about his divorce and merely used Facebook to vent to his friends. He said his use of the site was pretty much the same thing as having a drink with friends in a bar and discussing personal issues.While acknowledging that Facebook reaches a potentially larger audience, the man argued that the social media site is just another way people can communicate about issues related to divorce. People who don't want to listen, he argued, can simply ignore his posting. But the judge saw it a different way, leading to the concededly unique sentence.
Some say the ruling is a violation of the husband's First Amendment rights. And the husband agrees, complaining that the court will not allow him to post his own thoughts on his own Facebook page, but instead forces him to say something he does not want to say and in a manner to which he objects. Legal observers indicated that, by forcing the husband to speak, the court may be violating the man's constitutional rights.
The case, which is pending in Ohio, goes back to court on March 19. While the ruling was made in another jurisdiction, those people who are going through a divorce in Texas might want to take note. Divorcing husbands and wives may want to be wary when taking to their Facebook pages to speak privately about personal matters. Statements made on social media sites and through other forms of electronic communication could end up as evidence in matrimonial or child custody litigation.
Source: fox4kc.com, "Divorce+Facebook = MESS," Michelle Pekarsky, Feb. 24, 2012
]]>The breakup of a marriage is never easy, but there are ways for a separating couple to communicate their differences through a legal mediator. In the Bryants' case, they may have decided to complete a kind of financial divorce but maintain a personal relationship, since they have reportedly been seen together even during their divorce proceedings.
]]> In other words, they are likely seeking to divide their assets without completely severing their emotional ties to each other. Such an approach may actually improve the state of a marriage by fostering an economic equality in their relationship.Whether reconciliation is in the cards for the couple is idle speculation for the moment, but the property division negotiations of divorce appear to be amicable. Vanessa Bryant is now in possession of at least three homes: an estate valued at $11.2 million, a jointly owned home worth $2.9 million, and a home valued at $4.7 million. With a reported absence of a prenuptial agreement, legal observers estimate that she could gain a total of approximately $75 million, in addition to spousal maintenance and child support.
A Texas divorce typically brings with emotional and financial challenges. Regardless of the reasons for seeking the dissolution of a marriage, communicating openly with your spouse and having someone who is familiar with family law on your side can make the experience of negotiating a settlement slightly less trying. Each party in a divorce would do well to become fully informed of the relevant law as it pertains to an equitable resolution of all outstanding issues.
Source: Los Angeles Times, "Kobe Bryant divorce: Couple divides assets despite kiss photo," Richard Winton, Feb. 20, 2012
]]>A British and American citizen married and had a son together in 1995. They later moved to Chile but separated in 2003. The resulting child custody agreement gave primary custody to the mother but allowed visitation rights for the father, and a Chilean court prevented either party from moving out of the country with the child without the consent of both parties. In violation of that child custody order, the mother returned to the United States with the boy, claiming that because of issues with her visa, she was unable to find housing or work in Chile that would allow her to support her son.
]]> A private detective eventually located both the mother and son living in Texas. The detective asked a federal court to order that the boy be returned to Chile under the Hague Convention on the Civil Aspects of International Child Abduction. Initially, the lower federal court disagreed, ruling that actual physical custody of the child was required in order to be entitled to that relief. The U.S. Supreme Court eventually overturned this ruling, declaring it was not the intention of the Hague Convention to protect anyone accused of breaking the law.The boy recently turned 16. Since the Hague Convention provisions apply only to children under the age of 16, the child custody case was dismissed by a federal judge. According to the mother, the boy has no wishes to see his father in the foreseeable future. Although the woman apparently violated the Chilean law when she left that country, the proceedings have been brought to a close in Texas. However, the case underscores the complexity of international child custody disputes, as well as the need to become fully informed of the relevant law and procedure both in jurisdictions like Texas and in the other countries involved.
Source: CNN, "Child at center of high court fight over custody gets closure," Bill Mears, Feb. 14, 2012
]]>The latest statistics from the Pentagon show that military divorce rates have gone up considerably since the start of the wars in Afghanistan and Iraq. The statistics also indicate that the divorce rate for military members is still on the rise.
]]> When a service member's deployment into a violent war zone is finished, coming home again often presents the difficult task of re-assimilating into family life. This adjustment can be extremely trying since many military members are also experiencing complicated after-effects of their time overseas.That is why a number of organizations are focusing their efforts on helping service members re-adjust to life at home after war. These non-profit organizations have created retreats and classes for military families, providing a way for military couples to reopen the lines of communication. The retreats also address such difficult issues as post-traumatic stress disorder, traumatic brain injuries and intimacy after war.
These retreats may not be for everyone, but they could offer some spouses and military members an opportunity to rethink their relationship before deciding on divorce. Military family life can be very complex after an overseas deployment, and that is why a low-stress environment might prove helpful for couples who are trying to reconnect. And for military couples for whom divorce is the wisest decision, taking steps to keep the lines of communication open may ultimately help the couple end the marriage in a more equitable manner.
Source: MSNBC, "Marriage retreats combat high rate of military divorce," Jasmin Aline Persch, Feb. 7, 2012
]]>And that is especially the case with many celebrity divorces. El Paso residents may have read the recent headlines about the divorce proceedings of football star Deion Sanders and his wife Pilar. The former couple is currently working out the details of their divorce in Texas, where they still share a home.
]]> Tension has been high between the husband and wife, and just recently Pilar leveled the accusation that Deion hired a woman to attack and remove Pilar from the home they share.A woman who is reportedly Deion's aunt came into the house while Pilar was there, and the aunt asked Pilar to leave. When she didn't, the woman is said to have attacked Pilar.
In many divorces, a restraining order is a necessary protection for one or both of the spouses. In this case, Pilar petitioned the court for a restraining order against Deion's aunt. The petition also complains of physical injuries and mental anguish that Pilar says resulted from the attack. The complaint seeks monetary compensation from Deion, as Pilar apparently believes that he arranged the attack in order to remove her from the home and change the locks.
When people are involved in difficult divorce proceedings, sometimes serious accusations factor into the specifics of how the divorce turns out. When a person makes such accusations or is the object of them, usually the best line of action is to seek the help of a legal professional who can accurately assess the circumstances of the claims. Divorce doesn't have to be messy. But when it is, individuals should seek the best protection possible to ensure an equitable solution for all parties involved.
Source: examiner.com, "Pilar Sanders is throwing even more accusations at Deion," Kimberly Turtenwald, Feb. 8, 2012
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