The man says he has already spent more than $30,000 on legal costs associated with the custody battle, and he has said he is willing to take on $60,000 in debt in order to get the custody of his dog, who he has allegedly raised since the puppy was two months old. He said he simply cannot imagine life without the pug-beagle mix.
]]> In a video posted online, the man explains that he views his puppy as his son. His website claims that a court has already granted him custody, but that various motions filed by his ex-girlfriend are holding up the process and ramping up his legal costs.The woman, by contrast, said that the dog was "unconditionally gifted" to her from the man, and that the dog is currently happy and healthy living with her. She also argues that her ex-boyfriend is misrepresenting facts to the media and in legal documents and is seeking revenge after failing to reconcile with her.
Their case will be heard shortly by a California judge who will listen to their arguments and choose who the dog's custodian will be. Meanwhile, donations to the man's cause are being rewarded with virtual smooches from his dog, T-shirts, or, for $200, a numbered portrait of the puppy.
Source: CNN, "Puppy love applies only to the dog in bitter custody battle," May 15, 2012
]]>First, you should have a good idea of your family's income and assets. If you have not controlled the finances in the past, this may take some digging. You should locate the value of all investments and other assets that are held in your name or your spouse's name. You will also want to know your spouse's annual income as well as your own.
]]> Next, you should do some research to determine what your family's liabilities are. This means determining the balance on your mortgage and whether or not there is a home equity credit line or second mortgage on the property. Also, determine the value of student loans, credit card accounts and all other debts.Keep in mind that all assets and debts acquired during the marriage are split 50-50 upon divorce in community property states like California. Other states follow equitable distribution laws, which means the marital property and debts will be divided equitably upon divorce, but not necessarily equally.
Figuring these things out before deciding to go through with your divorce will give you a better picture of the things that will be at issue in your divorce. Even if you ultimately decide not to go through with the divorce, you will be better off for knowing the details of your financial situation.
Source: Huffington Post, "Your Five Best Moves Before You Decide to Divorce," Brendan Lyle, May 16, 2012
]]>According to a recent poll by the American Academy of Matrimonial Lawyers, 56 percent of family law attorneys across the United States saw an increase in mothers paying child support over the past three years, and 47 percent saw an increase in women paying alimony to their ex-husbands.
]]> The president-elect of the academy said the reason for the change is that "more and more women have taken over the financial responsibilities and have been saddled with them as well." He used the example of his graduating law school class 39 years ago which was made up of 135 people, only six of whom were women. Today, he said, women represent a more equal percentage of law school and medical school graduates.The AAML's president-elect said that most women are just as annoyed about paying spousal support to their ex-husbands as men typically are about supporting their ex-wives.
"We see women who are every bit as angry as their male counterparts, maybe more so, when they are confronted with the concept of paying spousal support to a man," he said.
Interestingly, the divorce rate in the country has remained about the same since before women began commanding the workplace. About half of all marriages end in divorce, and that hasn't changed for the past few decades, the president-elect said.
Source: Reuters, "Alimony: Women Increasingly Paying Alimony To Their Ex Husbands," Patricia Reaney, May 10, 2012
]]>Kardashian's attorney said that her client is eager to move forward with the divorce, but that Humphries has been dragging his feet due to what she suspects is hurt feelings and temptation from the media. Humphries has said that he wants to pursue an annulment, which would require evidence proving the marriage was entered into under fraudulent pretenses.
]]> Despite the fact that the two tied the knot in a made-for-TV wedding, Kardashian has denied that the marriage was anything but real. In last week's hearing, Humphries' attorneys said that they need more time to decide if they will pursue the annulment. But they said key information is expected to come out in depositions scheduled in the next few weeks.The key difference between a divorce and an annulment is that a divorce ends a valid marriage while an annulment holds that marriage was never valid to begin with. Annulments are relatively uncommon in today's society, but they can still exist in California and elsewhere if the legal grounds are met.
Fraud is one of the reasons a marriage could be annulled. This would mean that one of the parties did not tell the truth or misrepresented information in order to coax the other party into the marriage. Other grounds for annulment include mental illness or insanity, lack of parental consent for an underage marriage and an incestuous marriage.
Source: Huffington Post, "Kim Kardashian Divorce: Reality Star Wants Divorce From Kris Humphries To Move Forward," Anthony McCartney, May 4, 2012
]]>Today, more than ever, pets are considered part of the family, which is why many divorcing couples fight over who should get custody when they part ways. Litigating this matter can be expensive and the law doesn't have any special rules for pets, so mediation can be the perfect option in these cases.
]]> One pet mediator interviewed by the Journal said that she can sometimes settle pet custody disputes in around two hours. She said couples commonly split the fee, which is usually around $250 per hour. Unlike most judges, she explained, pet mediators understand the emotional bond people have with their pets.The pet mediator gave an example of one divorcing couple who was at odds over the custody of their dog, a terrier. During the mediation, she had both parties explain their sides of the argument and actively listen to one another. Eventually, they were able to reach a custody arrangement that worked for them.
The couple decided that because of the husband's frequent traveling, the wife would have primary custody of the terrier and the husband would care for the terrier four weeks out of the year when the wife was on vacation. Agreements like this can be added to a divorce decree, which is enforceable by the court.
The pet mediator interviewed by the Journal recommended that couples look for a state-certified mediator who has experience with pet conflicts. You may also ask your divorce attorney for a referral.
Source: The Wall Street Journal, "A Dog's Bark Is Better Than Litigation's Bite," Veronica Dagher, April 30, 2012
]]>As a recent article from the Huffington Post pointed explained, when it comes to sole legal custody, only one parent has a say with regard to the child's education, medical care and religion. As a result, sole legal custody is typically only awarded in cases where one parent is especially combative, has a drug or alcohol addiction, or suffers from a mental disorder.
]]> However, like the article said, there is a lot of room for hybrids combining aspects of both joint and sole custody arrangements. The beauty is that parents have the ability to work out an agreement best suited for their needs and the needs of the child.One of the ways to reach an agreement regarding custody and parenting time is through mediation. In fact, California parents who cannot reach an agreement on their own are required by the court to attend mediation. Parents can elect to either participate in Family Court Services mediation, which is provided by the court, or hire a private mediator.
Many parents find that hiring a private mediator allows them to spend more time with the mediator, figuring out an agreement that is suitable for their individual needs. Part of the reason mediation is mandated by the court is that in most cases, the parents will need to work together to co-parent their children, so it is important to reach a point of collaboration, if possible.
Source: Huffington Post, "How To Divorce: How Can I Get Full Custody Of The Kids?" Judge Michele F. Lowrance, May 1, 2012
]]>According to divorce documents, Millán earnings are roughly $170,000 a month. In the divorce settlement, the famous dog trainer and television star agreed to pay his wife a one-time lump sum of $400,000 as well as $23,000 per month in spousal support payments.
]]> Millán and his wife married in 1994, before he became famous for his ability to understand and train even the most difficult of dogs.The couple also has two children together, both of whom will be in the primary custody of their mother, with Millán having visitation rights. Millán will also be responsible for child support payments of $10,000 per child per month, bringing the total to $43,000 in monthly spousal and child support obligations.
But Millán is getting one asset in the divorce settlement that is considered very valuable to a celebrity: privacy. According to the terms of the divorce settlement, he and his wife are both barred from speaking publicly about their relationship in any form, including content of a sexual nature.
This agreement also prohibits the release of media of any type featuring Millán that has not already been made available for commercial sale and distribution. This may seem like an odd request in a divorce, but privacy clauses like this are actually quite popular in celebrity divorces.
The couple's divorce was first announced in 2010. Millán continues to work as a dog behavior expert and has been recognized as a notable trendsetter in the Latino community.
Source: Fox News Latino, "Dog Whisperer Facing Big Payout in Divorce," April 23, 2012
]]>However, just like finding the right divorce lawyer can be difficult and time-consuming, it can also be hard to find the right divorce professionals to fit well on the team. This is why a certified divorce financial analyst came up with the idea of speed divorcing.
]]> The concept of speed divorcing is like that of speed dating, only the goal is to connect with the professionals you need to help you through your divorce. Essentially, a room is filled with divorce professionals ranging from attorneys to investment advisers and participants are given 15 minutes to talk with each one.The creator of speed divorcing said that she sees it as a way for people to learn more about the divorce process and make sure that they are hiring the right people. She said she came up with the idea after clients told her that they did not have enough time to follow up with the people who could make all the difference in their divorces.
Additionally, speed divorcing can help people to find an attorney that really suits their needs instead of settling for someone out of mere convenience. Choosing the wrong attorney can lead to problems down the road, and starting over with new representation can be costly.
When building your potential divorce team, the creator of speed divorcing said it's important to ask the right questions, including about communication style, the role of paralegals or assistants, how many cases typically end up in court and so on. All these questions can help make sure that it's a divorce team built to last.
Speed divorcing is not currently offered in California, but it certainly could be someday soon.
Source: CNBC, "Speed Divorcing: Like Speed Dating, Only ..." Cindy Perman, April 24, 2012
]]>The saga began in 2006, when the man -- a bodybuilder and former police officer -- was asked by a female friend to donate sperm so she could have children. They had been friends since 1991 and had at times maintained a sexual relationship, but the man testified that they never married, nor did they carry on a committed relationship.
]]> The man provided sperm through a sperm bank under the agreement that he would not parent children conceived by the sperm, and the woman went on to have triplets. One of the children died less than a year later. The man married a different woman in late 2007, and four months later, the woman who had accepted his sperm donation sued him for child support.A state judge enforced the child support order, requiring the man to pay thousands of dollars in child support every month because he was the biological father of the children and had signed the children's birth certificate.
But recently, the man was relieved of his support obligations. The appeals court noted that because the sperm was donated through a sperm donation facility, the presence of a third party created enough separation that the man should not be viewed as a co-creator, but rather as a donor who should be responsible for what happens after the donation.
Source: The Republic, "California court reverses ruling that Texas sperm donor owes child support," April 11, 2012
]]>Apparently, the devices were lost by a contract company while in route from Colorado to California. However, officials said they do not have reason to believe that the devices were stolen. The personal data from as many as 800,000 people in the state's child support system was stored on the devices, officials said on March 29.
]]> "Even though we have no reason to believe our customers' files have been accessed, we want them to be aware" of the situation, a spokesperson for the Child Support Services. "This is a first, and we certainly hope it's a last," she added.It appears that four of 15 data storage tapes fell out of containers that were not properly sealed while on an airplane flying from Denver to California on March 12. Following the determination that the tapes were lost, the department had to figure out whose information -- out of the 4.3 million people in the system -- had been lost.
The data contained on the tapes included Social Security numbers, driver license numbers and health care service providers. Although, a statement from the Child Support Services said that "the devices are in a specialized format" so it will be very difficult for the average person to access the data.
The Child Support Services also said that the state's 1.4 million active child support cases should not be disrupted as a result of the "security incident." People with questions on the matter can call a toll-free number at (866) 904-7674 or visit the Child Support Services website.
Source: San Francisco Gate, "Child Support Services lose computer storage info," John King, March 30, 2012
]]>The sponsor of the bill said that military parents are often stationed for duty in different areas around the globe, but that shouldn't prevent them from being awarded primary custody of their children. He said that the bill is not meant to give servicemember parents an advantage, but rather take away a disadvantage.
]]> Even though the Relief Act was extended in 2008 to prevent child custody orders from being permanently altered while parents were deployed, the sponsor of the bill said that it's not enough protection for military parents. He said that judges are still allowed to deny military parents primary custody rights based on their jobs once they return from service.The bill has passed the House of Representatives each year since it was first introduced in 2008; however, it has consistently failed in the Senate. This was primarily due to opposition from the Defense Department, which took the position that states should address the issue on an individual basis.
Last year, the new secretary of defense endorsed the bill, but it came too late to muster enough support in the Senate. The bill's sponsor is hoping to recruit support from the Pentagon earlier during this legislative session, which he thinks could help get the bill passed into law.
Source: Military.com, "Law Would Strengthen Troops' Child Custody Rights," Charlie Reed, April 10, 2012
]]>Since then, there was talk of the couple getting back together, but news recently broke that the couple is "very close" to reaching a financial settlement, which means the divorce could soon be finalized.
However, according to reports, Schwarzenegger is still making an effort to reconcile with Shriver, who is a well-known journalist and member of the Kennedy family. Shriver is also Catholic, and it has been said that her religious beliefs have been stalling the divorce.
]]> Divorce can be an extremely difficult process, no matter who you are. But it can be especially difficult for people with certain religious beliefs. Sometimes, people who don't feel comfortable going through a divorce choose to become legally separated instead.In California, a legal separation is similar to a divorce in that issues such as property division, alimony and child custody are addressed. The couple also enters into a binding separation agreement that spells out each person's rights and responsibilities.
The biggest difference between a divorce and a legal separation is that the couple remains legally married. This means neither person can remarry. Essentially, a legal separation means that the couple is still legally married but living separate lives.
When a couple decides to live a part, whether it is a permanent or temporary arrangement, a separation agreement is a good idea for several reasons. One is because it can prevent one spouse from being held liable for the other spouse's debts.
If you don't feel comfortable getting a divorce, but you no longer want to share a life with your spouse, talk to a family law attorney in your area about legal separation as an option.
Source: Yahoo!, "Arnold Schwarzenegger 'near to split agreement'," April 11, 2012
]]>The truth of the matter is that sometimes more than a year passes before a divorce becomes final, and that is simply too long to go without a custody arrangement or spousal support in place. Oftentimes, temporary orders involve a variety of custodial and financial arrangements.
]]> For example, a temporary order may establish a parenting time arrangement, child support, spousal support and who is responsible for which bills while the divorce is in progress. Sometimes a couple can reach these agreements on their own, while other times a judge issues an order.Judges usually don't make any temporary orders until a personal and financial affidavit have been submitted by both parties. While a temporary order can help predict what a final divorce order will look like, a lot can change from the beginning to the end of the case.
As in a final divorce decree, the purpose of a temporary order is to allow both parties to go on with their lives with as little change in lifestyle as possible. In other words, if one party is the primary breadwinner and the other party stays at home with the children, the working party will likely pay temporary spousal support to the non-working party.
Of course, as one household splits into two, there is not always enough money for both parties to sustain the same lifestyle they grew accustomed to during the marriage, but this remains the goal.
Source: The Columbus Dispatch, "'Temporary orders' apply before final divorce," April 1, 2012
]]>A recent article from the Business Insider gave several scenarios newly-divorced couples should avoid in order to stay out of trouble with the IRS:
Waiting too long to get started. Filing taxes is going to be different after your divorce, and you may need help. What you don't want to do is wait until the last minute when tax specialists could be too busy to help you. Also, if you need tax records from your ex, asking in advance can alleviate some stress.
]]> Filing jointly when you should have filed separately. Typically, your filing status is you marital status on December 31. But once you file separately, your filing status cannot be amended and you are on the hook for any trouble your ex-spouse gets into with the IRS. On the other hand, it is always possible to file separately, and you can even go back later to change it.Determining who claims Head of Household and child dependencies. This is one issue that will need discussing (if you didn't already reach an agreement in your divorce settlement.) Whoever claims Head of Household is entitled to the dependency deduction for children. By law, it goes to the parent who has the children for more than 50 percent of the year, unless another agreement has been reached. If both parents file HOH, it's a red flag to the IRS.
These are just a few ways that newly-divorced people muck up their tax returns and invite an audit from the IRS. Of course, talking to an experienced family law attorney can help to make sure that these mistakes and others are avoided.
Source: Business Insider, "Divorced Couples Are Walking Right Into These Tax Traps," Mandi Woodruff, April 3, 2012
]]>The California couple cited "irreconcilable differences" as the reason for the split. In a recent interview with People magazine, Garth admitted that she was reluctant to go through with the divorce, saying that she "tried everything [she] could to save [the] marriage."
]]> The couple apparently went to therapy, but it didn't seem to be working. Garth, who turns 40 next week, also went on to explain that it was very difficult to see Facinelli "on screen with another woman," and that it caused her a lot of jealousy.Garth told People that she wished Facinelli "had wanted to try harder, try again, try something else." She said that she has come to the realization that she has to move forward and not let the divorce keep her down.
The couple has asked to share joint custody of their three daughters, who are 14, 9 and 5-years-old. Garth said that now her focus will be on raising her daughters as a single mom.
Unfortunately, sometimes one party is not ready to see a marriage come to an end, which can make the divorce process very difficult. However, California and all other states recognize no-fault divorce, which allows a family court judge to grant a divorce in response to a petition filed by either spouse.
Source: CNN, "Jennie Garth speaks on split as Facinelli files for divorce," March 29, 2012
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