My how things have changed! Back in the “old days” it was always the woman got […]
Unreasonable Marital Debt: When Only One Spouse Is Liable
A common question our lawyers receive is the extent to which one spouse is responsible for the debts of the other after the spouses separate. This can be a significant issue when an angry or irresponsible spouse racks up debt either to spite the other spouse or in spite of the other spouse’s interest. Generally speaking, courts divide the debts of the parties similarly to the way they divide assets. First, they identify the debts, then they classify the debts as either separate or marital. Lastly, they divide the debt. The far majority of debts are considered marital debt for which both parties are responsible.
Never Underestimate the Power of a Dad
As families have changed, the roles of both parents have shifted with them. For decades, mothers have served as the primary caretaker of children, and it is unlikely that this will change anytime soon. However, whether or not parents are married, fathers and father figures can play a powerful role in raising children. A recent report issued earlier this year by the American Academy of Pediatrics summarizes much of the research relating to fathers and the important role they play in their children’s health and development. The report defines father “broadly as the male or males identified as most involved in caregiving and committed to the well-being of the child, regardless of living situation, marital status, or biological relation.” What did the study find?
What Is the “Divorce Diet” and Does It Work?
It is widely thought that people who marry may gain weight. There is support for this notion. In fact, a research study showed that compared to the normal weight that people gain as they grow older, married men and women are heavier by 1.5% and 2%, respectively. On the other hand, the impact of divorce on couples’ weight was also revealed in the same study. As relationships shatter and eventually end in divorce, men’s weight regressed to almost the same as they were before marriage. What about women? Their weight dropped by 2.5% compared to when they were single. Overall, about 70% of divorcees are getting “extremely thin,” comments Rachel Sussman, author of “The Breakup Bible.”
Not many people missed last year’s Supreme Court ruling legalizing same-sex marriage. But many people do not realize that until that ruling, many same-sex couples were unable to get a divorce. Before 2015, the legality of same-sex marriage was determined on a state-by-state basis. For example, California was well-known for allowing these marriages. As a consequence, many people traveled to California and other states who would allow them to marry there. The couple would then return to their home state as married. But as some relationships soured, these couples found that they were not able to get a divorce in their home state. And because of residency requirements, which require a person to live in a state for certain period of time before filing for a divorce, they could not reasonably divorce in a different state. To do so, at least one of them would have had to have moved to a state that allowed same-sex divorces—for an extended period of time. All of that changed last year when the U.S. Supreme Court issued its decision in Obergefell v. Hodges.
Divorce crosses all boundaries, such as age, race, religion, and socioeconomic status. In the news as of late is former NBA player Rasheed Wallace and his wife, Fatima Sanders Wallace. In addition to bringing the location of filing to the forefront of public discussion, the Wallace cases provides a primer on prenuptial agreements. Mr. Wallace filed an action for divorce in North Carolina, and Mrs. Wallace filed her action in Michigan three weeks later. The parties had been married for about 16 years, through most of Mr. Wallace’s NBA career. Mr. Wallace played basketball for the Portland Trailblazers, the Detroit Pistons, the Boston Celtics, and the New York Knicks. He also worked as an assistant coach for the Pistons. The Wallaces did have a prenuptial agreement, which included spousal support.
Which Law Controls in a Divorce? Sounds Boring, but Can Be Huge!
Most people never even consider where their divorce will be filed, but for people who have homes in different states, this is a critical question that can fundamentally change nearly every aspect of the case. For a court to have jurisdiction over a divorce, most states require that at least one of the parties be a resident of that state.
Media Organization Gannett Tries to Access Trump's Divorce File
Can you imagine your divorce record being open to the public? In many states, divorce files are confidential. But when you decide to run for President of the United States, or many other public offices, the public demands to know more about you. That’s why the parent company of the nationwide newspaper USA Today has asked a New York court to open Donald and Ivana Trump’s divorce file. Here’s the backstory: Donald and Ivana were divorced in 1990 due to “cruel and inhuman treatment.” A 1993 book “reported that Ivana Trump told friends that her husband had ‘raped’ her during a fit of rage.” Despite this report, the former Mrs. Trump later “issued a statement saying her words should not be ‘interpreted in a literal or criminal sense.’” In fact, Ivana Trump has recently stated that the two are close friends, and she has specifically endorsed Mr. Trump’s presidential candidacy.
How Long Does It Take to Get a Divorce in New Mexico?
Potential clients often ask us how long it will take to get a divorce in New Mexico. There are three time frames that may affect the length of time: the legal residency requirement, the waiting period, and the degree of conflict between the parties.
How an Order of Protection Can Affect Your Kids
If you believe that you need an order of protection, you may be concerned about how it could affect your children. Parenting is probably the most difficult job to do well. It is important to anticipate how issues will affect your children, particularly if you are going through a divorce or legal separation. A New Mexico court can issue an order of protection to prevent people with whom you have had an intimate relationship, as well as some people who live with you, from “hurting, threatening or harassing” you.