All Things Legal - Experts and Resources

Tough Times For Divorcing Dads

Posted to by Amanda Lockhart on Tue, 10/25/2011 - 8:17am

I read a rather stirring column in Canada's National Post the other day about the difficulty many Canadian men face in their nation's legal system when it comes to child custody cases. Ironically, the piece was written by a woman, but she boldly and rather forcefully makes the point that men frequently get the short end of the stick in these cases.

She says there are statistics that back up her claim that there is a gender bias in the way the courts handle these situations, though she never cites the numbers. Still, her argument has merit on a number of levels. First and foremost, if a man is an attentive father to his children, nobody should keep him from them — especially not a court system.

Beyond that, I think the writer raises a valid concern about men being labeled as bad fathers simply because the courts more frequently award custody to mothers. Obviously, there are some guys who fit into that category, but it would be easy to paint a lot of men with that brush, and it's not fair.

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Silver Divorces On The Rise

Why are divorce rates for older couples going up?

Posted to by Rachel Small on Wed, 07/27/2011 - 7:53am

At a time when divorce rates are falling, it turns out that people over 60 are divorcing at an alarming rate. What are some of the reasons for dumping a spouse after 40 or 50 years?

In a study by the American Association of Retired Persons (AARP) people aged 40-79, it was found that 66 percent of the women instigated divorce actions. Some said they could no longer endure drug or alcohol addiction. Others divorced because of physical and emotional abuse or for infidelity.

Researchers claim retirement is a strain on marriage, just as the empty nest may start the process of thinking about divorce. In Japan, women called retired husbands a nuisance. Some women can't stand their spouse home all day. In the U.K., gray divorce is becoming an epidemic. In Italy, married couples 55 and over seeking legal separation rose by three and a half percent, and those filing for divorce grew by three percent from 2000-2004.

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Dogs And Divorce

A place no law should go

Posted to by Amanda Lockhart on Sun, 06/26/2011 - 8:00am

Apparently, the state legislature in Wisconsin has a lot of extra time on its hands.

Last week, Wisconsin state representative Sheryl Albers introduced a bill seeking to prevent judges from ordering joint custody of pets if divorcing couples can’t agree on who’s going to keep them.

Here’s the backstory: Albers’ husband had three kids and a dog from his first marriage. When he and his previous wife split up, neither of them wanted to keep the dog. Problem was, the kids couldn’t bear to get rid of the dog. So a judge decided that the dog should travel with the kids between the two homes. Enter Rep. Albers. Apparently she doesn’t care for dog hair on her carpet. And so, like something from a twisted episode of “Schoolhouse Rock,” a bill was born.

Where would politics be without self-interest?

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"Divorce, A Simple Division of Assets"?

I don't think so...

Posted to by Amanda Lockhart on Wed, 06/22/2011 - 7:50am

I stumbled across a column about divorce on a Web site that defines itself as "financial infotainment." So perhaps I shouldn't judge it too harshly, but there was something about the writer's simplistic approach that rubbed me the wrong way.

The column was on things to keep in mind as you're working out your finances during a divorce. And there was plenty of good information there: Organize your paperwork, close or freeze all joint accounts and credit cards, be aware of the tax implications of any property or assets you have to sell as part of the settlement, be clear about what you're seeking from your ex.

But there's a line in there where the writer says: "Divorce isn’t, or shouldn’t be about reprisal that quickly morphs into a form of insanity. Set your emotions aside because divorce is a simple division of assets. The law and the numbers are straightforward. The issues become complicated only when emotion overwhelms reason."

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Sharing Custody Of Your Pup

Posted to by Samantha Louis on Wed, 06/15/2011 - 8:05am

Losing one companion in a breakup is bad enough. Losing two can just be the pits.

For couples with pets, a split usually means just that. Steve and Lynelle, the advice team over at The Herald Bulletin, responded to one Madison County, Indiana man facing this issue.

After settling the standard business of finances and property, he and his ex-wife were left fighting over custody of their dog. It was his to begin with, but she was now threatening to sue over custody of the pooch. She had apparently become really attached to the dog and demanded they share custody of it as if it were a child.

"I told her that was the stupidest thing I had ever heard."

In fact, as advice man Steve tells it, a number of states are actually in the process of reconsidering the status of pets as mere property. Some courts have even gone so far as to set up parenting plans for pets, including custody visits!

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Six Generally Unknown Facts About Divorce

Posted to by Amanda Lockhart on Thu, 04/14/2011 - 7:51am

We all give lawyers a hard time, especially divorce lawyers. But I thought it was interesting to read some insights from an attorney who specializes in divorce issues.

Jim Hennenhoefer recently became president of the American Academy of Matrimonial Lawyers. The organization is based in Chicago, so the Chicago Sun-Times did a Q & A with him. Much of what he had to say wasn't too surprising, but there were a few things that caught my eye:

There's a surge of new divorces right after the first of the year. Everyone wants to just get through the holiday season with as few headaches as possible.

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Standard Visitation May Be Too Stringent

Posted to by Rachel Small on Sat, 04/02/2011 - 9:24am

I was reading a passionate and painful letter to the editor from a divorced father complaining about the "standard visitation rights" granted him. This dad sees his children every other weekend and every Wednesday night for two hours.

Living two miles away from his ex-wife and their kids, he requested more equal time for visitation. Why did the court decide that visits every other weekend are adequate? Why not every weekend?

Apparently, this guy did not want the divorce and bitterly faults no-fault divorce and the Florida family court system. I strongly support no-fault divorce but that shouldn't preclude reasonable non-custodial parent visitation. It appears that the parents were unable to come to court with a fair visitation agreement, so the judge applied standard visitation rights.

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