Cincinnati Divorce Attorneys Blog

Are parents becoming spies in child custody cases?

2012-05-15T13:13:13Z

More and more, couples in Ohio and elsewhere are playing the role of a spy in their divorce cases. Nationwide, lawyers have seen an increased use of technology in cases of divorce, from video and voice recording to GPS tracking. And though it may be an invasion of privacy, some individuals have been able to expose poor parenting styles and have regained rights to child custody in the process.

It is suspected that the emergence of this spying trend is primarily due to the relative cheapness of most do-it-yourself spy and surveillance equipment. It's not hard for a parent to slip a voice recorder into a child's clothing or favorite toy before the child goes to visit the other parent.

]]> Taking it a step further, one father even placed tape recorders in his ex-wife's home and car in order to watch her every move. As a result, the ex-wife lost custody of all five of their children. The recordings uncovered her temper problems.

In 38 states across the country, it is perfectly legal to secretly record in public, but individuals should know that this is not the case everywhere. One mother was fined $10,000 for violating wire-tapping laws, and the evidence gained by the recordings was ultimately disregarded in court. Technology can often be helpful in revealing which parent is truly honoring the best interests of the child in a child custody agreement. Facebook, internet records, cell phones and other devices help with this evaluation. However, Ohio parents considering these methods would benefit from being fully aware of privacy laws before initiating this strategy.

Source: ABC News, "Spouses Use Spy Tools to Get Custody of Children," Jim Avila, May 3, 2012

J.Lo's high asset divorce from Marc Anthony gets heated

2012-05-08T21:50:02Z

Divorce is not a path that every Ohio resident hopes to take, especially when he or she has been down that road before. There is a lot at stake, and in a high asset divorce, there is often even more at stake. Years ago, Jennifer Lopez was married and eventually got divorced. She subsequently married Marc Anthony and had two beautiful twins with him. Unfortunately, the couple is now filing for what amounts to a high asset divorce.

Anthony and Lopez married in June 2004. The couple split in July 2011. In the divorce filing, Anthony requested joint custody of the twins. However, sources say that the divorce, which was filed by Anthony on April 9, has turned a corner -- and not a good one.

]]> It seems that Anthony's representatives are trying to contact J. Lo's previous husband to find out if they were seeing each other secretly during the time that Anthony and Lopez were still together. Supposedly, there were allegations that Lopez, who has a solid career right now with American Idol, was seen with her previous husband before and after the birth of the couple's twins. In addition, there is also suspicion of Lopez having offshore accounts. It is claimed that her first husband may have information. For this reason, reports suggest that Anthony may be attempting to get his hands on this information in an effort to obtain a larger financial settlement.

Any type of divorce can quickly turn into an ugly war. This is especially true when one client is pressing for a larger financial settlement. Regardless, if any Ohio residents find themselves in the middle of what may be a heated divorce battle, it would be beneficial to meet with an experienced attorney. A lawyer can help gather evidence that will assist a divorce case.

Source: Examiner.com, "'American Idol' Drama: Jennifer Lopez divorce heats up ," Jim Hagerty, April 23, 2012

In divorce, think before you speak

2012-04-30T19:40:30Z

Divorcing Ohio couples may not feel they have much in common with the former multi-millionaire Yahoo! president, but readers may be able to take a lesson of self-control from her long-running divorce. The couple - the ex-Yahoo! president and her former investment banker husband - have finally settled their high asset divorce after filing in 2007 and spending the last several years battling over what has now become their final settlement. This debate not only dealt with simple disagreements over division of assets and provisions for the couples' three children, but it also involved accusations of infidelity, illegal drug use and even spying.

Each ex-spouse has accused the other at some point during the divorce proceedings of extramarital affairs as well as use of illegal drugs. The former Yahoo! president has also been accused of bugging the couples' beach condo in a supposed attempt to spy on her husband. However, these accusations were recalled by both parties in the end, claimed to be reckless, inaccurate and simply a consequence of an acrimonious divorce.

]]> Accusations such as these, though, could have serious consequences. One could confront criminal charges for things like illegal drug use even if they are completely innocent of the accusations.

Divorce can be a stressful and emotional process and lead to some pretty reckless accusations as one party seeks to gain the upper hand over the other. However, as in any situation, what one says in anger can lead to significant repercussions. Fortunately for this couple, the issues appear to be behind them, allowing them to finally achieve the divorce they wanted.

Source: The Washington Post, "Ex-Yahoo president settles long-running divorce in case that showed Silicon Valley seamy side," April 23, 2012

Grandparents' rights gaining attention nationwide

2012-04-26T20:40:05Z

Some Ohio grandparents may be aware of the problems that can arise when their children divorce. Many times, this involves a loss of visitation with grandchildren that can be painful not only for grandparents, but for grandchildren who may miss out on a significant and positive relationship. Luckily, for grandparents who wish to be involved, some states are starting to re-evaluate the concept of grandparents' rights with regard to visitation and custody laws.

Pending legislation in one state would allow grandparents to petition courts for scheduled access and visitation with their grandchildren. But there are two important conditions. First, the grandparents must demonstrate to the appropriate court that they previously maintained a close relationship with the grandchildren. And second, they must prove that the grandchildren would suffer if visitation was not permitted.

]]> However, not everyone agrees with the law proposal. One father, who is in a state where the legislation is still pending, argues that such a law would violate his parental rights. He objects to the notion that a court could potentially overrule a joint decision made with his ex-spouse concerning the upbringing of their children. He noted that his former in-laws were abusive to his ex-wife, and the parents had consciously elected to avoid those issues concerning their children.

Nevertheless, grandparents' rights in Ohio and elsewhere continues to garner attention. While it may not be suitable in every instance, it appears that legislators and courts are increasingly willing to consider visitation rights for grandparents in those cases where it is deemed to be in the best interests of the children. Enactment of this law could promote a trend as families and courts continue to grapple with this issue.

Source: Connecticut Post, "Bill: let grandparents see kids after divorce," Ken Dixon, April 17, 2012

Could divorce expos benefit couples seeking a high asset divorce?

2012-04-17T20:53:02Z

There seems to be expos and conventions for almost any topic or hobby these days. Ohio residents may have heard about one of the latest trends that is gaining popularity recently: the divorce expo. These expos, in contrast to wedding expos, present couples going through a divorce -- as well as post-divorce singles -- with panels and resources they can use to navigate the potential stresses of a divorce. Especially in cases of a high asset divorce, the information and resources provided in these expos could prove invaluable in the negotiations minefield and also in adjusting to a new life as a single person.

Observers say these types of conventions are not intended to promote divorce. Rather, they are intended to build a community of people who are wading through the often difficult waters of divorce. The hope is that it may make divorce less of a social stigma and allow people experiencing it to take advantage of financial and legal advice, which may lead to a smoother process. It can also promote a more positive relationship with an ex-spouse after the marriage is dissolved.

]]> There may be some skepticism surrounding these expos, but they appear to provide benefits for those who attend. Nevertheless, a generalized expo or convention will likely never be able to provide the same one-on-one attention an individual professional could give.

Ultimately, divorce can be a very complex process. Therefore, Ohio couples that are experiencing a separation may benefit from working together to achieve settlements that are truly equitable.

Source: The Wall Street Journal, "Divorce Enters Expo Age," Sumathi Reddy, March 28, 2012

Military deployment can affect child custody agreements

2012-04-11T21:38:09Z

Divorce is an understandably a stressful process for any couple, whether in Ohio or elsewhere. It can sometimes feel unfair for one or both parties involved. This can be especially true in circumstances of military couples where a service member may be deployed far from his or her family for significant periods of time. To make matters worse, military service is sometimes used unfairly against a parent who is also a service member when deciding child custody.

To correct this injustice, new legislation has been proposed that would prohibit courts from using a military member's service against them when determining child custody matters. Additionally, the legislation would prevent previously existing custody agreements from being permanently changed because of military service while a military parent was deployed. While this legislation may give military participants peace of mind in regard to their rightful custody over a child, no final bill has been passed.

]]> The pending federal legislation attempts to protect service members' rights, but it still allows custody settlements to be changed, only temporarily, when a military parent is deployed. This option helps serve children's needs during the deployment period.

Ultimately, a child custody agreement settled during divorce should be in the best interest of the child, but the effect of military deployment on a child is still the subject of ongoing debate. Regardless, Ohio military parents may wish to follow the pending bill in order to gauge the effect it has on child custody issues. Furthermore, if you have further questions about child custody matters, you can always contact a knowledgeable family law attorney.

Source: Army Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012

Trend: Prenuptial agreements without the wedding

2012-04-05T18:10:47Z

Often, when one gets married, there can be an unbalanced number of highly valuable assets coming in from either party. We've all heard of prenuptial agreements between couples before marriage as a means of protecting these assets, but what if a couple that wasn't seeking to marry wanted to draw up a similar agreement? Recently, there has been a rise in just that in Ohio and across the nation: "cohabitation" agreements between unmarried couples.

A recent poll of the American Association of Matrimonial Lawyers shows that 39 percent of family law lawyers have seen a rise in cohabitation agreements between couples living together over the last five years. This might be because there has been an increase in disputes among cohabitating couples. These cohabitation agreements can protect one party from being saddled with a significant amount of debt from their partner. They can also make arrangements concerning property division or issues surrounding any children born to the couple during their time together.

]]> Decades ago, cohabitation agreements were unheard of. However, as more and more couples decide to live together without a marriage commitment, this type of contract has become convenient. Today, when a long-term couple breaks up, the process can be as laboring as a divorce. As a result, people are opting for relationship contracts.

Nevertheless, regardless of the situation, Ohio couples may want to consider their options for protecting their assets should they decide to marry or engage in a long-term relationship. If they do, they can make a smoother transition to singlehood in the event of a split.

Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012

Facebook comment affects Ohio man's child custody proceeding

2012-03-28T21:23:22Z

Many Cincinnati residents may have heard of the local man who was ordered to post a public apology to his ex-wife on Facebook after reportedly posting emotionally harmful comments to her on his social networking page.

According to reports, an earlier court order had prevented the man from being physically and mentally abusive to his ex-wife in the midst of ongoing divorce and child custody proceedings. Nevertheless, his subsequent Facebook violation led to his contempt. In order to avoid jail time and a hefty fine, the man was ordered to post a public apology on the social networking site.

]]> This story raises concerns for couples dealing with a divorce. Social networking sites make individuals feel as if they are simply sharing their thoughts and feelings with personal friends. However, these postings are permanent and public in nature. As a result, the postings create an everlasting record that could be subject to a subpoena under appropriate circumstances.

The accessibility of online information brings to mind important questions: Should social networking information be a factor in child custody and divorce proceedings? Should a court be permitted to mandate apologies for these incidents? Either way, many people are already aware of how Facebook and the Internet may affect matters like their employment. For this reason, maybe this information is similarly applicable in divorce and child custody proceedings. For example, this material might be used to reveal which parent will foster a better environment to raise a child, among other factors.

As a result, those involved in negotiating these settlements may benefit from being wary of what they are posting online. Remember, everything you do or say online is permanent and exploitable in a court of law.

Source: Akron Beacon Journal, "Cincinnati man not jailed for stopping Facebook apology," Lisa Cornwell, March 19, 2012

Military divorce can be extremely complex

2012-03-21T22:05:23Z

Whether in Ohio or across the country, it is clear that settling financial matters during the process of a divorce can be difficult and complex. This is especially the case when there is a significant amount of money or worth involved in a high asset divorce. However, when one spouse has been in the military, the division of a military retirement plan can make matters even more intricate. There are a lot more procedural hurdles for ex-military-spouses.

While military divorce rates are higher than the divorce rates of the general population, there is no clear and simple system that allows an ex-military-spouse to easily collect benefits from their ex-spouse's military pension. This is due to the rules that govern these retirement programs, as well as the complex nature of military divorce and all the different processes involved.

]]> Not only this, but the government is only required to facilitate the payment of benefits to an ex-spouse if the marriage overlapped 10 or more years of the military member's service, otherwise it is up to the military member to make these payments on their own. In these cases, the couple might need to seek a settlement in divorce court.

Due to the complexity of a military divorce, it is important for divorcing couples to be well aware of all of the intricate processes involved. Individuals may need to seek legal help from an attorney for guidance. If couples do so, it will allow individuals to receive all of the benefits that they deserve.

Source: Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen E. Schultz, March 9, 2012

What you're buying might affect your divorce settlement

2012-03-16T21:30:10Z

It is generally common knowledge that websites like Google and Facebook use things like browsing history to tailor specific ads to the browser. It may also be common knowledge that businesses in Ohio and across the country are beginning to employ similar strategies in their advertisements by using customer purchasing patterns to design ads specifically for their perceived needs. However, many people do not know that this information might influence your high asset divorce settlement.

Consumption or purchasing patterns may have significant relevance to the types of proceedings involved in a divorce resolution. Specifically, did you know that your purchasing history can be evaluated in your child custody, child support, alimony or division of assets case?

]]> Say, for example, one spouse is purchasing large amounts of alcohol or tobacco. This consumption history may reflect poorly on parenting skills. These habits provide an environment that is not in the best interest of the child. The same can be said for alimony payments; if one spouse is dropping significant amounts of money on superfluous or unneeded goods, he or she probably does not need to receive those alimony payments in order to maintain a healthy standard of living.

Divorcing couples ought to be aware of what they are spending and how it may affect their divorce and child-related settlements. You don't want your poor habits to influence the destiny of your relationship with your child. Similarly, divorcing pairs may benefit from being aware of their soon-to-be-ex-spouse's spending patterns and how it may benefit their own side of the settlement. All of these everyday behaviors can influence the fate of your post-divorce life.

Source: Huffington Post, "Richard Komaiko: Divorce Meets Big Data," Richard Komaiko, Mar. 2, 2012

Divorce rates double for older Americans

2012-03-05T22:43:38Z

Have you been divorced? Some Ohio residents will tell you that divorce rates appear to be rising. While this is the case, researchers indicate that the divorce rate is exponentially increasing among older Americans. Recent studies are examining the cause of this rise.

Did you know that the divorce rate has doubled for older individuals over the past decade? Sociologists indicate that one reason this is happening is because baby boomers have already been divorced. Studies show that subsequent marriages have a 150% greater chance of ending in divorce. Therefore, individuals who married and divorced between their 20s and 40s have a greater chance of ending an additional marriage.

]]> Also, 50 percent of older people who divorced in 2009 had been married fewer than two decades. On the other hand, of those who stayed together, 60 percent had been married for more than thirty years. This indicates that longer marriages have a greater sustainability rate.

In addition, divorce rates are different among diverse races and education levels. Studies show that African Americans are 75% more likely than whites to divorce after the age of 50. Furthermore, Hispanics are 21% more likely than whites to divorce. Also, those with a college education have a 17% lower chance of ending their marriage than those with a high-school diploma.

With all of these statistics, researchers wondered what was causing divorce. In 2003, a survey evaluated 1,148 Americans who had gotten divorced between age 40 and 69. Of those surveyed, over one-fourth of individuals listed cheating as the main cause. However, studies suggest that infidelity is the primary reason for divorce in all age groups. This makes it difficult to pinpoint any age-specific reasons.

Researchers are still studying the reasons that contribute to increasing divorce rates; however, there is hope. Research shows that younger boomers were married in the 1990s, when divorce rates were declining. Therefore, if these individuals were not divorced in their 20s or 30s, then statistics suggest that they have a greater chance of staying married longer than the prior generation.

Divorce is a difficult process to deal with. Nevertheless, the new studies elucidate some of the factors that may be connected to marriage dissolution.

Source: Wall Street Journal, "What are the risk factors?" Carl Bialik, March 3, 2012

Texts: Incriminating evidence in a divorce proceeding

2012-02-27T22:00:06Z

Do you communicate using Facebook, Twitter or other social media services? Some Ohio residents know that in a divorce proceeding, it can be difficult to develop and prepare your case. It's often a game of "he said, she said." However, recent surveys from the American Academy of Matrimonial Lawyers (AAML) show that there has been an increase in collection of evidence taken from social networking sites and other technological devices for family law proceedings.

The surveys show that 92 percent of respondents reported an increase in the number of cases using evidence from smartphones. Ninety-four percent have indicated a rise in the use of text message evidence. Specifically, Facebook was the most popular site for extracting evidence.

]]> The surveys serve as a lesson that once you put something writing, you should assume that a judge will eventually see it. Anything you transmit via text message could be used as evidence. Furthermore, because the way we communicate has changed so dramatically over the past few years, it is difficult to avoid these common technology communication sources. Texts, e-mails, and Facebook posts are a part of our everyday lives.

The documented material is typically used in evaluating someone's credibility or character. Furthermore, in family law, once a person's credibility is questioned with their own recorded statements, then everything else can be doubted about that person.

Because texts are so easy to compose, they are often the most dangerous. They are typed in the spur of the moment. This results in incriminating evidence that is not thought through. A source explains that "texts can be the written equivalent of a heated discussion, but without any of the doubt afterward about the exact words and language that had been used."

It's important to be aware of what you are communicating through electronic mediums. A simple Facebook post written in the heat of the moment could come back to haunt you.

Source: Huffington Post, "Getting divorced? Stop texting and get off Facebook," Ken Altshuler, Feb. 23, 2012

Court rejects grandparents' visitation rights

2012-02-22T22:32:25Z

Ohio residents know that legal matters involving children can be very difficult and stressful. Specifically, issues surrounding custody and visitation can upset an entire family. In recent news, the Supreme Court has rejected an appeal from grandparents who wanted to visit with their two grandchildren.

The grandparents and the parents at issue had a solid family relationship. The grandparents were involved in the lives of their two grandchildren for several years. Nevertheless, the demise of a family business caused a strain on the family. Tension evolved between the father and grandfather. The family sought counseling; however, the parents ultimately cut all contact between the grandparents and grandchildren. A court ruled in favor of visitation rights for the grandparents in 2008; however, the state appeals court and state Supreme Court advocated the parents' rejection of visitation.

]]> The main issue of the case questioned what standard judges should apply in deciding whether to grant visitation rights to grandparents. In some states, grandparents must show the parents are unfit for parenting. On the other hand, other states require a more lenient standard; the grandparents must only show that visits would be in the grandchildren's best interests.

Custody and visitation laws can be confusing--especially for grandparents and other extended family. The result of a court determination can severely impact a child's life. However, every state encompasses varying laws regarding child-related legal matters. For this reason, if you are confronting a family issue, you may want to speak to a knowledgeable attorney. He or she can guide you through any relevant laws.

Source: Chicago Tribune, "US top court won't hear grandparents visitation case," James Vicini, Feb. 21, 2012

Bravo TV reality star calls it quits with her husband of 14 years

2012-02-15T23:00:30Z

Is ending your marriage the new fad? It definitely seems like it. Katy Perry, Kim Kardashian, Zooey Deschanel, Mena Suvari and Kenny G are just some of the famous names that have recently headlined the news. As Ohio residents know, no one really wants to go through the process of a divorce; however, many people are taking action in an effort to get out of poor marriage situations. Recently, another well-known couple has decided to call it quits.

An article reports that a hit reality star on the "Real Housewives of D.C" is getting a divorce. Sources say that Stacie Scott Turner and her husband have separated. The reality couple has been married for 14 long years. However, they are not the first couple from the former reality show to end their marriage. Michaele Salahi and her husband recently initiated a divorce.

]]> Individuals confront a series of financial and legal matters within the divorce process. Furthermore, resolutions involving children can also be tricky. Many separations involve custody and visitation disputes over the kids. The Turners have two kids; however, sources note that the separation is amicable, and the couple will remain friends. According to an article, Stacie is committed to her family, and her primary concern is her children.

Fortunately, the couple is taking a very agreeable approach to their separation. Nevertheless, this is not always the case. Aside from children-related issues, divorces involve property, debt and alimony matters. Therefore, if you are confronting a recent separation, you may want to talk to a knowledgeable lawyer about your legal and financial possibilities. If you take action appropriately, you can come out of a divorce with strength.

Source: Huffington Post, "'Real Housewives' Stacie and Jason Turner Separate," Feb. 14, 2012

Yankee's general manager strikes out of his marriage

2012-02-09T16:37:36Z

Some Ohio residents know that dissolving a marriage is a very difficult and overwhelming process. In the process of a divorce, you must make many decisions involving property, debt, alimony and children. Furthermore, these resolutions affect not only your future, but the future of your kids. In a national story, one well-known individual will inevitably face many of these separation-related issues.

In recent news, the wife of Brian Cashman filed for divorce. Cashman is the general manager for the New York Yankees. According to reports, he was publicly accused of an affair. Cashman's wife has filed papers in a Connecticut court. The woman is seeking alimony, division of their property and joint custody of their two children. Cashman's wife has retained a lawyer who has familiarity with high-end divorces.

]]> The person that allegedly engaged in an affair with the general manager claims that she had a yearlong relationship with Cashman. This woman told friends about visiting him at his Yankee Stadium office, receiving game tickets and meeting him in Manhattan. Sources note that she ended it after he did not leave his wife, which he had promised to do. A friend of the woman explains, "It was more than an affair. It was like she was his girlfriend."

Allegedly, this relationship is not Cashman's first affair. In 2009, he was linked to a Westchester soccer mom.

Within the process of this divorce proceeding, Cashman and his wife will have to confront various emotional and financial issues. If you are facing a similar situation in the process of your separation, you may want to speak to a lawyer. An attorney may assist you as you steer through these complex and exhausting legal matters.

Source: New York Post, "Wife of Yankees GM files for divorce after latest cheating allegations," Liz Sadler, Jeane Macintosh and Dan Mangan, Feb. 4, 2012.