Monthly Archives: July 2013

Impact of Adultery

Until the coming of no-fault divorce in the 1970s, divorcing couples used adultery as the grounds to end the marriage because proving wrongdoing – fault – was necessary. Adultery is still a major reason that couples end their marriages but … Continue reading

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The Lawyer in the Collaborative Divorce: An Active Participant

Unlike mediation and arbitration, the lawyers in a collaborative divorce are an active participants in the give-and-take of negotiation between two spouses who are working in good faith toward a settlement. Unlike a divorce lawyer in a litigated action, the … Continue reading

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Rebound Marriages Can Work

Everyone knows someone who finds someone on the rebound from a failed marriage. The popular wisdom holds that these rebound relationships are part of a divorce recovery but not strong timber for a new relationship. Rebound flings distract the newly … Continue reading

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Best Interests Standard Does Not Apply to Pets

Unlike cases of child custody and visitation, courts do not apply the “best interest” standard in the cases of domestic animals. In one Texas case, the court named the wife managing conservator of the parties’ dog, Bonnie Lou, and gave … Continue reading

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That Dotted Line Means Joint Responsibility

Divorce means dividing the assets and liabilities of the marriage, and that vow of “for better or for worse” means the divorcing spouses share and usually divide the debts they accumulated as a couple. As a rule, mortgages and credit … Continue reading

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The Single Life Budget

One of the least pleasant discoveries a divorced man or woman makes is that he or she has less money than before. In fact, for some divorced people, the end of the marriage signals a new  austerity that for some … Continue reading

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Using Bankruptcy to Cheat the Former Spouse

Sometimes former spouses try to use bankruptcy to get around living up to the demands of a property settlement agreement. The language of the divorce decree can reduce the chance that the bankruptcy court discharges the debt. In divorce settlements, … Continue reading

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What Parental Kidnapping Is

Parental kidnapping is a crime. Parental kidnapping is  “the concealment, taking, or retention of a child by his parent in violation of the rights of the child’s other parent or another family member.”  Violated rights include custody and visitation rights … Continue reading

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The Private vs. the Public Divorce

Every public divorce contains a private divorce, when one spouse contemplates ending the marriage. The protocols of the public divorce are the stuff of marriage and family law, established by the jurisdiction and not easily budged by the two spouses … Continue reading

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Alimony is Subject to Change

In all but Nevada, alimony is subject to modification, up or down, if the circumstances of either the payor or the recipient warrant such change. Usually, this change has to be what is termed “significant.” For example, if the recipient … Continue reading

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