Is Marriage Becoming a Thing of the Past?

by J. Benjamin Stevens

According to a recent article by the Associated Press, couples are becoming increasingly less likely to take the plunge into marriage. One recently single woman described what is the both the benefit and the problem of the trend towards cohabitation, "You start to see how people handle confrontation, financial realities, challenges, the housework load. If we had been married we would have been divorced, or fully on our way."

Heading into 2012, barely half of all adults in the United States are married, and the median age at the time of a first marriage has never been higher - slightly more than 26 years old for women and nearly 29 for men. As a comparison, in 1960, the number of adults married was dramatically higher, a full 72 percent. By the year 2000 that number had fallen to 57 percent and today it's only slightly higher than half at 51 percent, according to the Pew Research Center.

Experts believe the percentage of married adults could dip below 50 percent for the first time in a few years as the number of younger couples and single parents continues to increase. Just from 2009 to 2010 the number of new marriages in the U.S. fell by 5 percentage points. While this particularly steep drop may be partially attributed to the economy, the larger trend still holds.

This decline in marriage rates is widespread but is especially evidence among young adults. Of those between the ages of 18 and 29, nearly three out of every five were married in 1960, today it's only one in five.

Another dramatic marriage statistic relates to education levels. According to Pew Research, nearly two-thirds of all adults with college degrees, or 64 percent, are married, compared with only 47 percent of those with high school degrees or less. In 1960, college grads and those who had not gone beyond high school were almost equal with regard to their chance of being married.

Race also impacts the likelihood of tying the knot. Pew found that 55 percent of whites are married compared to 48 percent of Hispanics and only 31 percent of blacks.

Though marriage may be on the retreat, it's unlikely to be totally abandoned. Stephanie Coontz, who wrote "Marriage: A History" and teaches family studies at Evergreen State University said that "We as a society have to recognize that people do still get married but cycle into marriage later and may cycle out of marriage." Coontz added that she thinks "marriage is perceived as a very desirable good but no longer a necessity." Backing this thought up another Pew survey found that while nearly 40 percent of respondents said marriage is becoming obsolete, 61 percent of those who were not married would like to be someday.

-For more information on these matters,please call our office at 305 548 5020.

-
Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Common-Law Spouses and Estate Planning

by familyllb

--

Common-Law Spouses and Estate Planning

More and more these days, the distinction is becoming increasingly blurred – both societally, and legally – between partners who have formally married each other and those who are living in common-law relationships. This is true in both in family law legislation (which in most cases confers similar benefits on parties to both kinds of relationship), and in Canadian court cases in which judges are asked to examine whether the purported distinction still holds valid in our progressive society.

However, there is at least one legal area in which the distinction remains firmly entrenched in Ontario: Estate law.

More particularly the current law in Ontario dictates that, unlike the situation between legally-married spouses, a surviving common-law spouse does not automatically have rights to a partner's estate upon that person's death. Instead (and absent careful Estate-planning measures that make the entitlement clear), that surviving common-law spouse may have to commence a legal action against the deceased partner's estate.

This litigation will normally involve a claim for "dependant support" under the Succession Law Reform Act, which allows any "dependant" of the deceased to claim support in cases where adequate provision for support has not been made. Common-law spouses qualify as "dependants" for these purposes, and the court has broad power to grant various forms of relief, including the transfer or property or an order allowing the surviving spouse to continue using or occupying property.

In addition to these measures, the surviving common law spouse may also have a right to argue that he or she is entitled to equitable (as opposed to legal) ownership of property. These rights might arise as a result of the principles of unjust enrichment and can include recourse to the concepts of resulting or constructive trusts, for example.

But irrespective of which of these courses of action the surviving spouse might have to be pursued, they can be costly. Moreover, they usually involve unneeded contention and aggravation, particularly at such an emotional time.

This situation relating to Estates is consistent with other Family Law areas as well: As I reported a few months ago in "The Supreme Court of Canada decides that Common-Law Couples who split up deserve their fair share", http://bit.ly/uxvelS ,the Supreme Court of Canada has recently clarified the law relating to common law relationships and the concept of unjust enrichment, in its single judgment in the cases of Kerr v. Baranow, and Vanasse v. Seguin. Although those were not estate planning cases, the decision confirms the fact that in Canada, common law spouses are still treated differently from a legal standpoint than "formally" married ones, and – when there is no legislation to govern the situation – may have to rely on common-law principles to obtain a fair result.

At Russell Alexander, Family Lawyers our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. 

 

For more information on these matters,please call our office at 305 548 5020. 

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Report: Kobe Bryant 'Deeply Depressed' Over Divorce Situation, Still Trying to Save Marriage

by Ricky Doyle

Kobe Bryant's wife, Vanessa, may have filed for divorce, but the NBA star reportedly still hasn't given up when it comes to trying to save his marriage.

TMZ reports that Kobe is "deeply depressed" about the current situation because he's concerned with how his two daughters, Natalia and Gianna, will handle growing up in two separate households. Natalia will turn 9 next month, while Gianna is 5.

Vanessa Bryant filed for divorce on Dec. 16, more than ten years after the couple got married. Vanessa stood by Kobe back in 2003 despite sexual assault charges -- which were eventually dropped -- being filed against him. Vanessa reportedly cites "irreconcilable differences" as the reason for the divorce. She reportedly grew tired of Kobe's unfaithfulness. No prenup was signed before the two wed.

According to TMZ, Kobe's family was unaware of his unfaithfulness, but they hope the couple can find a way to get along -- even if it's just for their children's sake.

For more information on these matters,please call our office at 305 548 5020.-- 



Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Custody and Visitation Issues for Grandparents

BY JENNIFER KING

It's hard to believe that it's been more than two months since Michael Jackson died, particularly since the news stories are still coming fast and furious about all aspects of his life, his death and his children.

When Katherine Jackson, Michael's mother, was granted permanent custody of her three grandchildren, it spotlighted a situation that's become increasing common. More and more grandparents have custody of their grandchildren.

The case with Michael Jackson's kids is interesting because their biological mother is alive. If someone is a fit parent–they're alive, willing and able to care for their child–then courts usually want to grant custody to that parent. A grandparent usually has no legal right to custody if the child's parents are fit, nor would a court award custody to grandparents just because they would be better custodians of their grandchild.

Given that Katherine Jackson was awarded full custody of her grandchildren without a protracted court battle, it's safe to assume that the children's biological mother voluntarily decided to give up her custody rights. From a legal perspective, when the custodial parent dies, then custody of the child automatically goes to the non-custodial parent, unless he or she has been found to be unfit. Even in states that allow grandparents to seek custody of a grandchild who is not in the custody of a parent, the mere presence of the child with the grandparents at the time of the custodial parent's death does not add to the grandparents' rights.

Now that Michael Jackson's children have been placed with their grandmother, if their biological mother wanted to regain custody, she would have to show that the change is in the best interests of the children and show a change in circumstances sufficient for a change of custody.

The US Census Bureau says that 9 percent of all children in the United States live with at least one grandparent. Of those children who live with grandparents, 77 percent also have a parent living in the house with them, but in 23 percent of the cases, the parent is absent. If a child has lived with his or her grandparents for an extended period of time, the grandparents may have a strong claim to custody because their grandchildren may view them as parents.

The laws relating to grandparents and custody vary from state to state. For example, in Texas, a grandparent can only seek custody of a child if the parent with custody has voluntarily given up possession of the child. In New York, a grandparent cannot seek custody of a grandchild if the parents voluntarily give up their parental rights and the grandchild is made available for adoption.

Visitation Issues

When you become a grandparent, you'd probably never expect to have to go to court to request custody or visitation rights to your grandchild. However, it's becoming increasingly frequent.

Traditionally, courts used to only grant visitation rights to a child's parents. Today, the laws have changed. Currently, most state laws give visitation rights to grandparents if it is in the child's best interest to maintain an established relationship.

Various circumstances will give grandparents the right to request visitation. In most states, the general rule is that visitation will not be granted in an ongoing, intact marriage. Two common circumstances that permit grandparents to request visitation are the death of a parent and the parents' divorce. In adoption cases, some states allow visitation following adoption, but other states say that grandparents' rights are terminated by the adoption.

Custody and visitation issues can be very complex. If you are a grandparent who is seeking custody or visitation rights, it makes sense to talk to an attorney with child-custody experience in the state where your grandchild lives.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Divorce, Custody and Visitation: When a Child Wants a Change

 BY ART BUONO

Sometimes a child will sour on one parent after divorce. This can create problems in custody or visitation arrangements. So what happens when a child no longer wants to spend time with one of the child's parents?

 
• As children mature, their feelings towards a parent may change
• Older children of divorced parents have a say in custody and visitation arrangements
• Parents have a duty to make custody and visitation work – or change it

 

A child's attitude towards a parent may change over time. A number of different things can cause this. Some of these things can support a modification in custody or visitation by themselves.

For example, mistreatment by a parent can support a change in custody. So can endangerment or illegal activity, like alcohol abuse and illegal drug use. Obviously these causes can very well sour a child on a parent.

But what about situations not involving this kind of obvious misconduct? Kids don't always get along with both parents equally well. This can be especially true after divorce. So just how much does achild's preference factor into custody and visitation?

Older Children Have a Say in Custody and Visitation

Cathe Evans Williams has practiced family law for 16 years in Illinois and Indiana. She's the author of "Divorce For Ladies, Not For Losers: A Guide For a Healthy Not Harmful Journey." She describes the book as not about "winning," but about keeping integrity in divorce and not giving all your money to lawyers in an effort to "get back" at your spouse.

According to Evans Williams, "A court will always act in the best interests of the child in setting or changing the terms of child custody and visitation. Once a child reaches the age of 12 or so, the court will really begin to listen to the child's stated preferences in making those decisions."

While the child's interest is foremost, if a child wants to change a custody or visitation arrangement, the rights of the parents, as set out in the custody order, still must be taken into account. "If there are problems with the existing arrangements, the court will likely order the parents to mediation to fix them. If the parents and the child can't come to terms, things will finally be resolved by the court.

"A lot of factors go into the decision. Does the child want a change for legitimate reasons, or is it just that mom enforces a curfew and other reasonable discipline, while dad is the "fun" parent who lets the child get away with things? The child – and the parents – may need to meet with a social worker or other counselor to get at the real reasons for the problem and work out a solution."

Just Say Go?

Parents have a duty to see that their child abides by the custody and visitation arrangements. As Evans Williams points out, "Even with a child of 14, for instance, the custodial parent has an obligation to ensure the child goes on scheduled visitation. If the parent fails to do so, a court could take a number of steps to ensure compliance. For example, if the parent says he or she can't make the child behave along these lines, the court can order the parent to take parenting classes to learn how to regain control of a stubborn child. So there are a number of ways to enforce custody and visitation orders."

Parenting is difficult in the best situations, and especially so in and after divorce. Sticking with custody or visitation arrangements – or changing them where necessary – is something the parents, and if necessary with help from their lawyers, must strive to do.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Custody Battle Turns Ugly When Wife “Tricks” Husband into Drunk Driving

BY AARON KASE

A California woman allegedly tricked her estranged husband into a DUI, providing a prime example of how not to behave when engaged in a custody battle.

• Man sues wife for using private investigator and police to entrap him in DUI
• DUI supposedly to be used as evidence against man in custody case
• Could ultimately cost wife custody instead, along with other penalties

 

Judgement Clouded with Wine

How far is too far when trying to make a spouse look bad during divorce proceedings? Apparently, manufacturing a DUI charge against your husband to gain the upper hand in a child custody case crosses the line, and then some.

According to plaintiff Mitchell Katz, his soon to be ex-wife Alicia Spenger hired a private investigator totrick him into driving drunk. In a civil rights suit against Spenger and others, Katz claims that investigator Christopher Butler got him to drink too much under the guise of discussing a T.V. reality show based on Katz's wine business.

Butler's employee Carl Marino met Katz at a Danville, Ca. wine bar and plied him with women and drinks, according to the suit. Then, when Katz left the bar, he was followed by Contra Costa County Sheriff's Deputy Stephen Tanabe, who soon pulled him over for not using his turn signal and subsequently arrested him for failing a field sobriety test. Deputy Tanabe allegedly told his partner that the stop was a "dirty DUI" and a "set-up."

To continue the ruse, Marino went so far as to tour Katz's Pleasanton winery even after the DUI arrest.  Later, his conscience apparently got the better of him and he apologized, writing in an email supplied to the court by Katz:

"'The first thing I want to do is apologize to you for my part of the set up. As you can see, I never wanted to be involved in Butler's shady activities and that is why I put an end to them and also let the DOJ [United States Department of Justice] know what was done to you and others. I hope you can forgive me and understand that ultimately I was the good guy in this.' …"

Katz is seeking damages for a host of civil rights violations from his wife and other parties involved, including the town of Danville and Contra Costa County.

 

Dirty Tricks Don't Impress the Court

The set-up, if true, could come back to haunt Spenger during the divorce proceedings. "That is completely unethical," says family law attorney Terry Szucsko, a partner at San Francisco firm Lvovich, Volchegursky & Szucsko LLP. While parties normally look into each other's assets and behavior in divorce and custody cases, they can't break the law to gain an advantage over each other.

Some of the factors a judge might look at when deciding custody, according to Szucsko:

• "A recent DUI would be a factor. If one parent doesn't have a license, how can that parent transport the children?"
• "Domestic violence. Then there's a presumption that it is not in the best interest of the child to be with that parent."
• "Willingness of one party to enable frequent and continued contact with the other party."

"The number one factor is what is in best interest of the children," Szucsko says. And while Spenger allegedly tried to portray Katz as a DUI perp, she may have unwittingly given the judge cause to distrust her own parenting. "If one person is advocating all these allegations to keep the child away from the other party, that would be a factor right there," the attorney says.

 

Can't We All Just Get Along?

There could be more consequences for Spenger as well. "If you could prove that the allegations were made up, or the allegations were only meant in this one-upmanship, or trying to gain an unfair advantage, that is a sanctionable event," Szucsko says—she could be forced to pay monetary damages. "If an attorney was involved, that would be an ethical violation and you could get disbarred."

The lawyer urges feuding parents to put aside their differences and try to come to a custody agreement without resorting to a judge, let alone underhanded tactics and tricks. "What the parents quickly forget is that there's a child involved," he says. "The judge's decision, most of the time neither one of the parties are going to like it. It's far better for them to come to a mutual agreement and work it out. They've got 18 years to go through this and they should try to get along."

Both marriages and divorces have been on the decline since 2000, according to the Center for Disease Control and Prevention. Roughly 49 percent of marriages end in divorce. With examples like this California couple, it's no wonder.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

The Prenuptial Agreement: the First and Last Word in Marriage

BY LAWYERS.COM

They say nature abhors a vacuum and I've been watching that principle playing out around me.  Within the same four week period one of my friends announced his pending divorce and another one of my friends announced her engagement.  Although they are at completely opposite ends of the marriage spectrum, they do have one thing in common:  an intense need to look closely at a prenuptial agreement.  One friend needs to make one while another one needs to enforce one.

A prenuptial (or premarital) agreement is basically a document explaining the understanding between two people on how they will handle divorce.  Issues covered can range from division of assets to agreements about the payment of spousal support.  It is essentially a contract, so, generally speaking, as long as the terms are clear and not completely one-sided they have a good chance of being recognized as valid.  Not everyone needs or makes one of these agreements prior to marriage, but it never hurts to know all you can about them before deciding whether you want to get one and what you want to include in it. 

Here are some things you should think about if getting married:

• Amount of Assets and Debt – If you and your intended are just starting out in life and have pretty much nothing in the way of things you own and little or no debt, then a prenuptial agreement isn't as pressing an issue.  However, if you're particular about money or just want things set down in stone in case you get divorced, consider a prenuptial agreement.
• Age – The older you are, the more you might want to consider getting a prenuptial agreement.  Age raises issues beyond death and divorce, including admission to nursing homes and medical costs that should be addressed prior to marriage.
• Cost – Getting married is a costly endeavor.  Prenuptial agreements are not necessarily cheap.  One can run around $1500 and the partners should be represented by separate attorneys.  If you have to make a choice between the wedding you want and the prenuptial agreement ask yourself which you would rather have.  That leads us to the next point.
• Level of Discomfort – This goes way beyond the financial discomfort of a prenuptial agreement to also cover the emotional discomfort.  You probably think your marriage will last forever and, hopefully, you're right!  With that in mind, don't be afraid to be honest with yourself and your partner (which is a good way to start off a marriage!).  If you'd rather have an amazing bash and gamble on not ever needing that prenuptial agreement (roughly a 50-50 chance) then know what you'll be facing down the line if you lose.  If you don't want to deal with the discomfort and legal hassle now, fine, but know that you risk greater discomfort and hassle later.  Some people are gamblers, some aren't.

What if you're on the other side, preparing for divorce?  What should you do with that prenuptial agreement?

• Give it to Your Attorney Right Away – I know, a no brainer, but make sure that everyone is aware of what they're dealing with.  Also make them aware of anything that may have changed since it was drawn up, like an asset that is mentioned that you no longer own.
• Know the Likelihood of Enforcement – Not all terms of your agreement may be honored by the courts.  There are many possible reasons for this.  Make sure you discuss this with your attorney early on.
• Remember, You Agreed to This – You might hate the terms of the prenuptial agreement that you signed.  That's fine, hate away.  Just remember that this is what you agreed to in advance.  Unless you can prove that you were certifiably insane or somehow coerced into the agreement, remember that you can and will be held responsible for what you contracted to do or not do.  It's a tough truth, but face up to your responsibilities.

Divorce is an unhappy subject whether it comes at the end of a long, trying marriage or the beginning of a short, blissful engagement.  A few intense, honest conversations can help everyone immensely.  A prenuptial isn't for everyone, but don't just assume that it's not right for you.  Make an informed decision that you can live with regardless of what happens.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Mississippi Court Rules “Other Woman” Owes $88K for Marriage Breakup

BY JENNIFER KING

Melissa Simmons must pay her husband's ex-wife $88,000, a Mississippi appeals court ruled recently. Chrissy Strickland won the award after suing Simmons for her role in ending the marriage between Chrissy and Chuck Strickland.

The End of a Marriage

Chrissy and Chuck Strickland married in 1996 and had a child two years later. In 2007, while on a camping trip, the couple fought. Chrissie cut her trip short and left, taking their son with her. Chuck remained at the campground and while there, met Melissa and her then-husband Lane.

After returning home, Chuck and Melissa continued to communicate with one another. Though there's disagreement over how quickly their relationship turned physical, they were unquestionably engaged in an emotional affair. During one eight-week period, the pair was averaging two or three phone calls daily.

On September 17, 2007, both couples separated. Their divorces were finalized the following year, and Melissa and Chuck married one another.

Alienation of Affection & Emotional Distress

When someone files for divorce, they are essentially suing their spouse to end the marriage. Depending on the state in which you reside, you may be able to file for a no-fault or a fault-based divorce.

• A no-fault divorce means that both parties want to end the marriage and neither is being blamed for the breakup.
• A fault-based divorce means the actions of one spouse were responsible for the end of the marriage. Reasons commonly cited in a fault-based divorce include abandonment, adultery andincompatibility.

Mississippi, where the Stricklands lived, allows for both fault-based and no-fault divorces, though it isn't known which option Chrissy and Chuck pursued. What is known is this: In 2008, Chrissy Strickland sued Melissa Simmons for alienation of affection and intentional infliction of emotional distress for Simmons' role in the Strickland's breakup.

• Emotional distress describes the onset of anxiety or depression as a result of a sudden and sad event.
• Alienation of affection means that Chrissy was accusing Melissa of depriving her of her husband's love and affection. In other words, if Melissa hadn't come around, Chuck would have still loved her and they would have remained married. Only Illinois, Mississippi, North Carolina, New Mexico, South Dakota and Utah permit a spurned spouse to sue for alienation of affection.

"Mississippi is one of the few states that still recognizes alienation of affection suits as a civil action for damages," says Jackson, Miss., lawyer Lindsey A. Boyd of the Lindsey A. Boyd Law Firm, PLLC. "Mississippi courts are greatly familiar with alienation of affection suits, which are commonly filed by a spouse against an alleged paramour in an adulterous relationship. Alienation of affection claims are feasible for a client whose husband or wife has abandoned the marriage due a third party's malicious, intentional acts which alienated the love and affection of the husband or wife away from the client."

If someone sues for alienation of affection and/or intentional infliction of emotional distress and wins the lawsuit, the plaintiff can collect two types of monetary awards: Compensatory damages and punitive damages.

• Compensatory damages are meant to pay the victim for their loss. In the case of alienation of affection: How much was Chuck's love and companionship worth? And did Chrissy's standard of living change as a result of the divorce?
• Punitive damages are designed to punish someone for their wrongdoing, and are only awarded if the behavior is willful and malicious.

In Chrissy Strickland's case, the trial court ordered Melissa Simmons to pay her $87,500 in compensatory damages and $500 in punitive damages. The case was appealed to a higher court, which agreed with the trial court's decision.

In his decision, Appeals Court Judge Kenneth Griffis wrote:

"The cell phone records show that Melissa called Chuck more than twice as much as he called her. A few months later, Chuck abandoned the marriage, saying that he was in love with Melissa…Based on these facts, there was sufficient evidence for the jury to infer that, but for Melissa's active interference, the marriage of Chuck and Chrissy probably would not have ended."

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

The Manimony Trend: Men Getting Alimony from Their Ex-Wives

The man of the house used to unilaterally earn more money than the woman, but that is not necessarily so in the 21st century. Women continue to narrow the income gap, which has resulted in some unforeseen consequences, particularly when it comes to divorce.

"Interestingly enough, part of the ramifications of women getting better jobs, getting higher pay and receiving equal rights are certain penalties, such as orders of spousal support in divorce proceedings," says Kenneth Altshuler, president of the American Academy of Matrimony Lawyers (AAML), a professional organization for family law attorneys.

• As women begin to earn more, more men seek alimony.
• Lawyers accuse the family law system of inherent gender bias.
• Attorneys advocating for fathers' rights may actually hurt your case.

The Increasing Prevalence of "Manimony"

There are no hard statistics on how many more men receive alimony now than in the past. But there are some related statistics and plenty of anecdotes that point to a definite rise.

"I would call it a mini trend," says Ned Holstein, the founder of Fathers and Families, an advocacy group that pushes for family

court reform. "Gender roles in our society have largely converged, and the public strongly supports gender neutrality in matters of family court."

In addition, a study put out by the AAML in 2010 showed that 52 percent of divorce attorneys cited an increase in women initiating the request for aprenuptial agreement. This number indicates that women may be increasingly more concerned about protecting their assets in the event of a divorce.

But there's more than income that has prevented men from receiving spousal support from their wives. Experts cite the inherent gender bias in the family court system as a significant barrier to men receiving alimony, or manimony as some call it.

"Family courts are the last big bastions where gender bias is going forward unquestioned," Holstein says. "It occurs in all major issues, including spousal and child support. It's an archaic notion that is holding out, but it won't hold out forever."

Altshuler cites the fact that family court judges usually have a lot of discretion when it comes to making awards of spousal support. This, he says, can result in inherent gender bias.

"You can never take away the human factor," Altshuler says. "Most judges are male, and I'd say most male judges have a visceral rejection of the concept of women paying alimony to men because it is not traditionally what we in our society do. If you have a man making $300,000 and a woman making $50,000 versus the other way around, I would almost guaranty that the order for spousal support would be different 95 percent of the time."

Seeking Alimony as a Man

One of the other significant factors that affects why women receive alimony more often than men is that men simply don't seek spousal support.

"There is a substantial portion of men that don't want to ask for alimony from women because they don't see it as being very manly," Holstein says. "And they are entitled to that opinion."

But as gender roles within the office and in the home become less defined, the need for men to seek spousal is increasing as well.

Although each state has its own means when making determinations of alimony, the courts usually first look at the disparity of income. As women take on the role of breadwinner more frequently, a higher number of husbands will have incomes that are significantly lower than their wives.

Additionally, some courts also consider contributions as a homemaker. This goes back to when women were generally the prime caregiver within the relationship and would often sacrifice working for childrearing. Now, as more men assume the role of homemaker, there is a greater need for them to be fairly compensated at the end of a marriage.

If you are a man who is seeking a divorce and plan on requesting spousal support, there are some things you should consider when selecting a lawyer.

Holstein recommends seeking out an attorney who is familiar with the legal landscape in your jurisdiction.

"You are always best off choosing an attorney who knows the judges," Holstein says. "If you can find a way to ascertain which attorneys know the judges and what those judges believe, you are best off."

Altshuler says to seek out a family law attorneywho has ample experience advocating a position at trial.

"I would prefer a seasoned trial attorney over a lawyer that focuses primarily on mediation," Altshuler says. "The issue with mediation is that you are trying to reach an agreement, so it does not necessarily entail advocating a position."

As for lawyers that advertise themselves specifically as fathers' rights attorneys, both Holstein and Altshuler agree that it's merely a marketing gimmick. In fact, Altshuler believes that an attorney who represents himself as a fathers' rights lawyer can actually hurt your case.

"When you portray yourself that way, you lose credibility with the judge because the judge knows you are not advocating for your client but for a philosophy," Altshuler says. "Credibility is everything in family law."

By Keith Ecker

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

Divorced Fathers Less Likely To Receive Child Support, Census Shows

New information about child support payment from the census bureau shows that when it comes to custody cases, fathers are still getting the short end of the stick.

• Mothers more likely to get custody, child support
• Fatherless homes lead to troubled children
• Men need to be proactive to protect rights in custody cases

It Pays To Be Mom

The latest census information reveals that of the 13.7 custodial parents in the country, only one in six are fathers. The report, which uses 2009 data, notes that while 55 percent of custodial mothers are entitled to child support, only 30.4 percent of fathers are awarded money from an ex-spouse.

The figure is a sharp drop from 2007 numbers, when support was awarded to 40.4 percent of fathers.

"When mom is awarded custody, it is almost twice as likely that she will be awarded child support than if dad is awarded custody," says St. Louis family law attorney Joseph Cordell, principle partner of Cordell and Cordell, P.C. "As a law firm that focuses on representing men in family law cases, these numbers are unfortunately not surprising."

"These statistics reinforce the antiquated notion that mom should take care of the kids and dad should serve as an ATM," Cordell says. "On the rare occurrence when a father is deemed the primary custodial parent, these stats prove he should consider himself lucky and he does not need child support like a custodial mother would be awarded."

Know Your State's Law

"You'll be hard pressed to find a child custody law that is more favorable to fathers than mothers," Cordell says. "Many states' child custody laws specifically say the child is entitled to maintaining a relationship with both parents, but those same laws do not outline the quantity of time each parent has to establish and foster that relationship."

Divorce laws vary by state. California, for example, is a "no-fault" state, where couples do not need to state a reason for wanting a divorce. Illinois, on the other hand, requires that parties file for one of various reasons, including abuse, drunkenness, and impotence. All the tangled issues that come up in divorce proceedings can become part of thecustody ruling.

In general, judges make decisions in tricky issues like custody and child support when couples cannot come to an agreement on their own. As the statistics show, rulings do not come out favorably to men. "More than any other area of the law, family law judges have a huge amount of discretion, allowing ample opportunity for biases," Cordell notes. "Historically, these leanings have not worked in the favor of men."

Won't Somebody Think of the Children?

"It's important to remember that men and fathers are not the only victims when they are discriminated against and forced out of their children's lives by a biased family law system," Cordell says. "The children who do not have a father playing a significant role in their lives are also victims."

The attorney maintains a site on men's rights that details the consequences of children raised in fatherless homes, citing government statistics showing they make up:

• 63% of youth suicides
• 71% of pregnant teenagers
• 90% of all homeless and runaway children
• 70% of juveniles in state-operated institutions
• 85% of all children that exhibit behavioral disorders
• 80% of rapists motivated with displaced anger
• 71% of all high school dropouts
• 75% of all adolescent patients in chemical abuse centers
• 85% of all youths sitting in prisons

Real Men Protect Their Rights

"The best advice anyone could give a dad preparing for a child custody battle is to become as active as possible in the lives of his children and to document everything," Cordell states. "Almost every state determines custody and visitation issues based on the best interests of the child standard so it's important to show the judge that retaining an active role in your children's life is in their best interests."

He cautions men to not let their behavior in court prejudice a judge against them. "Irrational and aggressive behavior may have a profoundly detrimental effect on your case, so be mindful of your actions throughout the proceedings," the lawyer says.

Cordell maintains two websites with more resources and information for fathers looking to protect their rights:

• Mensrights.com
• Dadsdivorce.com

Some other sites provide information for divorced men and men's rights in general:

• Mensactivism.org
• Men's Rights Movement

 

 By Aaron Kase is a news reporter for Lawyers.com.

For more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"

A Comparative Study on the Relationship of Mother-in-law and Daughter-in Law in the Background of Changing Family Structure

posted by: 

Cancer Research

--
Of all the factors which influence marital happiness and family harmony in the modern home, the bad relationship between mother-in-law and daughter-in -law has the bad impact on the couple-law relationship which become the "second killer" second only to the extramarital affairs. It has been dubbed the impact of marital quality, "cancer." So we can say treatment-law relationship is the key to dealing with other relationships. As the accelerating process of the nuclear family structure, the growing manifestations of relationship between mother-in-law and daughter-in -law is also increasingly become one of the issues of concern.Semi-structured interviews and participant observation is used as main methods in this study on the basis of reading a lot of literature materials and observations. Purposeful sampling method is also used. The firsthand materials are obtained from 20 couples of mother-in law and daughter-in-law from Foshouwan,Rizhao City,Shandong Pronvince who are interviewed and observed by the investigator. The study is gone on the changing family structure on the background of the process of urbanization. Interviews are focused on four factors,such as the social factor, village factor, family factor and personal point .The daughter-in-law who are interviewed are born in from 1950 to1980s. On this basis, the role expectations theory are used to obtain first-hand material collations and analysis of qualitative data .Starting from the structure of the family,combined with the characteristics of the village, the relationship between mother-in-law and daughter-in-law is concluded,which are classified into many types,such as repression-subject type, exclusion-patient type, no problem at all type, indifference type,distance-based type, pay-return type,effort-not to please type and so on.By comparison, relationship between mother-in-law and daughter-in-law is found quite different under the three family structures which are stem families, nuclear families and ,and subtle changes occurred in a different way: the dissolution of mother-in-law groups and the rise of daughter-in-law groups, from single-labor-pay to both- emotional-pay, the way to deal with the internal contradictions is trended to internalization After the types of relationship are studied,the factors which affected the relationship are studied also,which conclude the social factor, village factor, family factor and personal point.Based one this,several methods are proposed:the mother-in-law and the duaghter-in-law should have a correct orientation,and should give full play to the role of intermediary and so on. At the end of the study, the conclusion about the relationship between mother-in-law and daughter-in-law is summarized by the investigator:the conflict between mother-in-law and daughter-in-law had become hidden from dominant, led by the mother-in-law to the balance of power;impact on the relationship began more diverse and complex;the rights and obligations between mother-in-law and daughter-in-law the is more obvious unequal.The root causes of conflict in mother-in-law and daughter-in-law, the understanding about"home"and the"filial piety"are all explored by investigator lastly. Maybe researchers will find more research goals later which inspired by the Research.





For more information on these matters,please call our office at:305 548 5020

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

Divorce Law and Family Law – What Issues You Should Talk to Your Family Attorney About?

By, Free New York Blog

While the issues contained in any family law case will depend on the specific facts of the case, there are a few general categories into which each of those issues can be placed. Make sure that you seek advice from your family law attorney about the following subjects:

1) Grounds for Divorce.

Most states have various grounds for divorce, not all of them created equal and not all of them very easy to prove. Separation grounds are most common, meaning that the parties have been separated for the statutory period required to obtain a divorce (usually one or two years). Additionally, many states have grounds for divorce based on adultery, cruelty or other domestic violence, desertion, and incarceration of one spouse for a specified period of time.

2) Child Custody.

Child custody and visitation issues are often times the most emotional. Many parents do not realize how much separation and, more specifically, their actions during and after separation affects the child or children. Instead of "our child," it becomes "my child," and instead of "the child's time with me," it becomes "my time with the child." These types of selfish thoughts run contrary to the standard in most states for determining child custody and visitation arrangements – the best interest of the child. Factors that the court uses to determine the best interest of the child vary wildly from state to state, but the most important factor is how to give the particular child the best chance of thriving in the future.

3) Support of Children.

Child support is determined pursuant to child support guidelines statutes. The guidelines maintain a presumption of correctness in terms of the amount of support, but this presumption is usually rebuttable. Practically speaking, most child support cases are determined per the guidelines, but the factors that the court takes into account when computing the guidelines also varies. Child support, despite the guidelines, is often at issue as people skew their incomes and various other important numbers.

4) Division of Property.

Property division systems, and the ideas behind them, are perhaps the most variable statutes depending on jurisdiction. A small number of states are community property states, usually meaning that each piece of property (except those acquired by gift or inheritance) is owned 50/50 by each spouse regardless of who actually bought or has title to the property. Non-community property states typically look at property according to title. In both types of systems, property is usually divided equally or equitably. It is important to note that equitable division does not necessarily mean equal division.

5) Spousal Support.

Alimony, or spousal support as it is often called, refers to funds paid from one spouse to the other for the purpose of providing support for living expenses. Spousal support can generally be awarded on a temporary basis through the expiration of the litigation, on a rehabilitative or definite basis through the expiration of some period of time in the future, or on a permanent basis.

6) Fees, Costs, and Suit Money.

Fees associated with even the simplest family law cases can be quite high, and increase exponentially as the case becomes more contested. Attorney fees, court costs, and suit money for expert fees, subpoenas, etc. are many times a hot topic throughout the litigation. More specifically, the question becomes who is going to pay for those fees. Many jurisdictions take the approach that whoever is at fault for the litigation should take at least some responsibility for the payment of fees. Others award fees when one party takes an unreasonable stance in the case. Still others rarely award fees and costs to anyone.

These six issues are the general subjects decided during by a typical family law case, if there is such a thing. Of course, the number of these issues that need to be decided vary depending on the specific facts of the case. Additionally, when and for how long these issues will be decided depend on the jurisdiction and the facts of the case.

Fofr more information on these matters, please call our office at 305 548 5020.

Twitter: www.twitter.com/yoelmolina_mo
Faceback page: www.facebook.com/lawofficeofyoelmolina
Linkedin profile: http://tinyurl.com/linkedinpagemo
Blog: http://tinyurl.com/molawblog

"Turn to us when you need help"