Tag: christian divorce

Child Custody and the Constitution and Some Good Coronavirus Information

With state and local officials entering shelter in place orders, many parents feel they are being deprived of their constitutional rights to child custody. What are a parent’s constitutional rights during a global emergency? There’s also some good coronavirus information.

Constituion Child Custody

There is no instruction book for a pandemic

Happy belated Easter to everyone . . . except residents of Louisville, Kentucky! The home of Muhammad Ali, the Kentucky Derby, and Kentucky Fried Chicken is in the news. That’s because on Holy Thursday, Louisville’s mayor, Greg Fischer, criminalized the communal celebration of Easter.

Our nation faces a public health emergency caused by the exponential spread of COVID-19. This has led many state and local officials to order increasingly tighter restrictions to promote social distancing and prevent further spread of COVID-19.

Can the state go too far? One federal court thinks so. Last week Louisville’s mayor said, it was “with a heavy heart” that he was banning religious services, even if congregants remain in their cars during the service. A Louisville church then filed an emergency motion in federal court to enjoin the mayor, and won.

The mayor noted that it’s not really practical or safe to accommodate drive-up church services taking place but drive-through liquor stores are A-OK!

Notwithstanding the exemptions of some drive-through places, on Holy Thursday, the Mayor threatened church members and pastors if they hold a drive-in Easter service.

The federal judge, noting American history on religious bigotry, said the pilgrims fled religious persecution, slave owners flogged slaves for attending prayer meetings, mobs drove the Latter-Day Saints to Utah; hatred against Catholics motivated the Blaine Amendment, and Harvard University created a quota system to limit Jewish students.

The judge then found the Mayor’s decision to be stunning and “beyond all reason,” unconstitutional.

Florida Child Custody and the Constitution

Like religions, the constitution protects parental rights too. I have written about the intersection of the constitution and marital law before. The United States Supreme Court has concluded that freedom of personal choice in matters of family life is a fundamental liberty interest protected by the Fourteenth Amendment.

Florida courts have long recognized this fundamental parental right. The basic proposition is that parents have a legal right to enjoy the custody, fellowship and companionship of their offspring. This is a rule older than the common law itself.

But the parents’ rights are not absolute, as the state has parens patriae authority to ensure that children receive reasonable medical treatment which is necessary for the preservation of life.

So, in Florida the ultimate welfare of the child itself is controlling. While the parent’s interest in maintaining parental ties is essential, the child’s entitlement to an environment free of harm, physical and emotional violence at the hands of parents and caretakers and for medical treatment necessary for the preservation of life.

Because Florida has a compelling interest in protecting all its citizens—especially its youth—against the clear threat of abuse, neglect and death, the constitutional rights can give way.

Kentucky Fried Liberty

Back in Louisville, the court found the city order was not “neutral” between religious and non-religious conduct because it targeted religious worship by prohibiting drive-in church services, but not drive-through liquor stores.

The court noted that the city was pursuing a compelling interest of the highest order through its efforts to contain the current pandemic, but its actions were not even close to being “narrowly tailored to advance that interest.

The court also found that the church was committed to practicing social distancing in accordance with CDC guidelines. Cars will park six feet apart and all congregants will remain in their cars with windows no more than half open for the entirety of the service.” Its pastor and a videographer will be the only people outside cars, and they will be at a distance from the cars.

There is no instruction book for a pandemic. The threat evolves. Experts reevaluate. And government officials make the best calls they can, based on the best information they have. You may not agree with the court’s reasons, but the judge saw his role to explain, to teach, and to persuade.

Good Coronavirus News

Speaking of the constitution, to stem the spread of COVID-19, many cities have passed executive orders requiring people to cover their mouth and nose when going out.

Face masks (surgical or homemade) are now being required in public, such as when going to drive-through liquor stores. But do homemade masks work? The science with different types of masks is not conclusive, but this graphic is good information anyway:

COVID 19

In theory, all masks may prevent some sprays of virus-laden fluids from entering your nose and mouth (inward protection). They are also a reminder not to touch your face. And, if you’re sick, they may help keep some aerosols inside (outward protection), to protect people around you.

The U.S. District Court order is here.

 

International Divorce on the Rise in Turkey

Fewer people in Turkey got married in 2019 while more filed for divorce as compared to the previous year, said the Turkish Statistical Institute recently. Because many foreign spouses are involved in Turkish divorces, these statistics raise international divorce issues.

Turkey international divorce

What’s Cooking in Turkey

Turkey is a predominantly Muslim country governed by secular laws. Women have equal rights to property and are eligible for alimony after divorce. But Turkey’s conservative Justice and Development Party has pushed a strong family values agenda.

Turkey provides incentives for married couples such as a tax break, and women who work part-time can get subsidized childcare. Despite such measures — and to the government’s dismay — the rate of marriage has declined by 27 percent.

Divorce — though originally sanctioned more than 1,400 years ago by Islamic law — is still widely viewed in Muslim societies as a subversive act that breaks up the family.

Women who seek divorce can often find themselves ostracized and treated as immoral. Despite such taboos and restrictions, however, divorce rates are rising across Islamic countries, even in ultra-conservative places like Afghanistan.

Turkey, in particular, is seeing a record number of divorces, as both women and men are looking for a way out of unhappy and sometimes abusive marriages. Over the past 15 years, the divorce rate has risen from under 15 percent of marriages to nearly a quarter of them.

Domestic violence is almost always cited as a leading reason by Turkish women seeking a divorce. This is true even outside urban areas, which have also seen a slight growth in divorce cases; increasingly, women are willing to seek divorces in smaller, religious towns such as Konya, in central Anatolia, where Nebiye was raised. More of these girls and women also now have access to education and online information.

Florida International Divorce

International divorce often brings up the issue of jurisdiction. Who sues whom, how do you sue for divorce, and in what country are problems in an international divorce case? The answers are more difficult than people think as I have written before.

A British divorce might give more money because British courts can disregard prenuptial agreements, and the cost of living is high in London. However, in Florida, the outcome could be different still.

Rules about children and hiding assets is a problem in every divorce, especially in international cases. The problem of discovery of hidden wealth is even bigger in an international divorce because multiple countries, and multiple rules on discovery, can be involved.

The problems in an international divorce are more complicated because hiding assets from a spouse is much easier in some countries than in others.

Florida, at one extreme, requires complete disclosure of assets and liabilities. In fact, in Florida certain financial disclosure is mandatory. At the other extreme, are countries which require very little disclosure from people going through divorce.

Choosing possible countries to file your divorce in can be construed as “forum shopping”. The European Union introduced a reform called Brussels II, which prevents “forum shopping”, with a rule that the first court to be approached decides the divorce. But the stakes are high: ending up in the wrong legal system, or with the wrong approach, may mean not just poverty but misery.

Residency for divorce is a very important jurisdictional requirement in every case. Generally, the non-filing party need not be a resident in the state in order for the court to divorce the parties under the divisible divorce doctrine. The court’s personal jurisdiction over the non-filing spouse is necessary only if the court enters personal orders regarding the spouse.

The durational domicile or residency requirement goes to the heart of the court’s ability to divorce the parties, because the residency of a party to a divorce creates a relationship with the state to justify its exercise of power over the marriage.

Well Done Turkey

According to government statistics, the number of couples who got married was 554,389 in 2018, and 541,424 in 2019, decreasing 2.3 percent. The crude marriage rate – the number of marriages per thousand population – was 0.656 percent in 2019, down from 0.681 percent in 2018.

Age difference at first marriage between male and female was 3 years. The province having the highest mean age difference at first marriage was the northeastern province of Kars with 4.5 years.

TÜİK also gave data on the proportion of marriage with foreign partners of total marriages, saying the proportion of foreign brides rose, while it fell for grooms.

The number of foreign brides was 23,264 in 2019, 4.3 percent of total brides. Syrian women topped the foreign brides with 14.5 percent, followed by Azerbaijani brides with 11.7 percent and German brides with 10.5 percent.

On the other hand, the number of foreign grooms was 4,580 in 2019, 0.8 percent of total grooms,” it noted. When analyzed by citizenship, German grooms took first place, accounting for 34.1 percent of the overall figure. German grooms were followed by Syrian grooms with 13.1 percent and Austrian grooms with 7.8 percent.

The Hurriyet Daily News article is here.

 

Will the Philippines Legalize Divorce

We sometimes take it for granted that a toxic marriage, which can destroy your life and the lives of your children, can be amicably resolved here. That’s not true everywhere. There’s a new bill to legalize divorce in the Philippines — the only remaining state aside from Vatican City that has no divorce law.

Legalize Divorce

‘Thrilla’ in Manila

Many in the Philippines have been advocating for the passage of a divorce bill.

“Divorce is not a monster that will destroy marriages and wreck marital relationships. Let us be clear about this — the monsters that lead to the demise of a marriage are infidelity, abuse, financial problems, lack of intimacy and communication, and inequality.”

Despite this development, religious groups, pro-family advocates who were present in the hearing, and even fellow lawmakers expressed their disapproval of the measure.

Florida Divorce

I’ve written about attempts to criminalize divorce before. Divorce, of course, is legal in the United States. However, traditionally it was made difficult by having to prove “fault.” This required spouses to prove either adultery; abandonment for a certain length of time; prison confinement; a spouse is physically unable to have sexual intercourse; or that the other spouse has inflicted emotional or physical pain (cruelty).

Florida abolished fault as grounds for filing a divorce. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.”

After divorce became legal, the concept of proving fault gave way to no-fault laws to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom. “Reduced” the need, not eliminated the need.

Dragged into the 21st Century

A Philippine church official has expressed surprise over the speedy acceptance of the bill in that would legalize divorce.

“I was surprised at the speed at which the committee accepted the bill. I was expecting exhaustive deliberations and discussions would be conducted on the measure.”

Bishop Arturo Bastes of Sorsogon described the acceptance of the proposed measure as alarming. Earlier, the Catholic Council of the Laity of the Philippines issued a statement expressing opposition to the divorce bill.

The group said the Catechism of the Catholic Church clearly provides that divorce is “immoral” because it introduces disorder into the family and into society.

The CNN article is here.

 

Four Essential Divorce Tips You Might be Missing

Many know that January is a popular month for couples to start consulting with divorce attorneys about dissolutions of marriage. This January is turning out to be no different than in the past. In New Jersey, an online magazine is offering up some essential divorce tips you might be missing.

Divorce Courts

Divorce Planning

Divorce is one of the most consequential decisions you will ever make — in both emotional and financial terms — it’s essential your interests are protected. New Jersey’s online magazine has four essential tips you may be missing if you’re planning a divorce and have already started the research.

Don’t compare yourself to everyone else

One of the biggest mistakes people make when pursuing a divorce is seeking information about the divorce process — or the likely outcome of their own divorce — by comparing themselves to divorced family members and friends.

Even worse, many people look online and compare themselves to what they read from anonymous online sources. It is often difficult to undo the preliminary `research’ clients conduct, as each divorce is different from the outcome of that of a friend.

Comparing your divorce to your friend’s divorce can result in a skewed perception of how a divorce matter will proceed and could result in unrealistic expectations.

Don’t wait to get a lawyer

People often become their own worst enemies, especially if they decide to count on their online research skills or do it yourself divorce experts.

There is no limit to the information you can learn about divorce, custody, alimony and support on the internet. Be aware that some of this information can be sound, and some is just plain wrong.

One of the hardest situations any divorce attorney has seen is that potential client who has scheduled a consultation after they already signed a marital settlement agreement resolving all issues, and it is clear that they signed a terrible deal.

Although not always the case, many of these unfortunate people are then faced with some tough advice that what they did may not be able to be undone.

Make sure your rights are protected and hire an attorney to guide you through the process.

Florida Divorce Planning

I’ve written on many divorce issues and divorce planning. In Florida, a divorce is called a “dissolution of marriage.” Florida is one of the many states that have abolished fault as a ground for dissolution of marriage.

The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage.

You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.

The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.

The divorce process can be very emotional and traumatic for couples as well as their kids. Spouses often do not know their legal rights and obligations. Court clerks and judges can answer some basic questions but cannot give legal advice.

Only an attorney can provide legal advice. Statutory requirements and court rules must be strictly followed, or you may lose certain rights permanently. Be careful to seek expert advice early in the process and hopefully not after you signed an agreement or went to court on your own.

It’s important to only take legal and financial advice from a lawyer and a trusted financial professional. They will be able to objectively help you through your particular situation with the most effective and beneficial advice and strategies.

Consider other professionals, too

While a family law attorney is essential to protect your interests, other professionals can help with the process.

Consider bringing in a forensic accountant who is familiar with Florida divorces, property divisions, how alimony is arrived at, and how child support is calculated. Also consider that many people use financial advisers in addition to forensic accountants.

Knowing both the financial and tax implications of divorce are extremely important as the decisions you make can impact your financial goals for a lifetime. Financial professionals aren’t the only ones who can help.

In collaborative family law cases we always use a neutral divorce facilitator who is a trained psychologist, and I encourage clients to work with a therapist to get through an emotional process.

Don’t let emotions take over

Resolving a divorce can be an important business decision and emotions can ruin the best deal. Indeed, it’s easy to make emotional decisions during the divorce process.

Clients should try hard to put their emotions aside, which can sometimes be easier said than done, and view the choices they have to make as part of the divorce process as business decisions.

Seeing divorce as a business transaction is a good strategy, but if someone is consumed by anger, guilt or other emotions, they can’t focus on the numbers and is not prepared to negotiate.

The New Jersey article is here.

 

New Year Divorce Surge

Market Watch is reporting on a consistent pattern: divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful in-laws.

NYE Divorce

Happy New You

In general, many family lawyers report a rise of nearly one-third in business in the New Year. The president of the American Academy of Matrimonial Lawyers, says he typically sees a spike of 25% to 30% every year in January.

That’s not only true for the United States, but around the world. Similar trends are seen in the U.K.: one in five couples plan to divorce after the holidays, according to one survey of 2,000 spouses by legal firm Irwin Mitchell.

Being cooped up in a house for several days when a marriage is experiencing serious problems — while dealing with the pressure to put on a happy face for the kids and visiting relatives — takes its toll on the most stoic of couples.

Holiday time is usually a time when we get a spike in consultations and in being retained by clients. Holiday time is usually fraught with a lot of tension, emotion and financial issues, which is usually the trigger.

Florida Divorce

I’ve written about the rise in new years divorce filings, and many times the holiday season can highlight problems. What should you do? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

As Market Watch further reports, there is good reason for treating a divorce like a calm business deal. Don’t rush to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic.

New Year, New Priorities

If not planned correctly, divorce can be one of the most financially devastating life events, so get an up-to-date assessment of your spouse’s accounts.

“It may be illegal to open another person’s mail, but you can, however, make a note of the financial institution that mails statements. If you give your attorney those names, we can subpoena that information.

Lawyers are cautious about taking on clients who refer to their attorneys as a pit bull or a shark. “Sometimes, people might say that because we’re tough, but if you go in with all guns blazing and start in a mean, aggressive manner, you automatically create a very adversarial situation.

That could increase the cost of the divorce — which could vary between $25,000 to $100,000, depending on the assets involved, the lawyer’s fees and where you live — by double or even triple, he says. “Be courteous and respectful. The key is to avoid escalation.”

It may be that divorce is not the best option, particularly if one partner doesn’t have company health insurance. Annual premiums for employer-sponsored family health coverage reached $18,142 this year, up 3% on last year, with workers on average paying $5,277 towards their coverage, according to the Kaiser Family Foundation, a nonprofit group based in Menlo, Calif.

Premiums for Obamacare are expected to rise 22% next year for the benchmark silver plan. Some health insurers won’t insure both parties on the same policy if the couple has legally separated so people report.

Avoid serving your partner with divorce papers during the holidays, especially if you have children. As they grow older they’ll hate that holiday memory forever. But that doesn’t mean you shouldn’t do some preparation in the meantime.

In Florida, you can file for divorce and you have a period of time before you have to serve the papers. Most unhappy spouses wait until after the turkey has been carved, the gifts have been unwrapped, and the new year has started.

The Market Watch article is here.

 

Social Media and International Child Custody

An American woman living in Saudi Arabia has been punished in her international child custody divorce. During the divorce trial, her Saudi ex-husband was able to introduce exhibits from her social media account into evidence. The social media evidence proved fatal to her custody case.

ocial media international child custody

Desert Justice

Though she succeeded with the divorce, her custody battle appeared to reach a dead end after a Saudi judge awarded custody of their daughter Zeina to the husband’s mother, who lives with him, despite video evidence Ms. Vierra submitted to the court that she said showed her ex-husband doing drugs and verbally abusing her in front of their daughter.

“It’s like 10,000 times worse here because so much is at risk for women when they go to court. I genuinely thought that there would still be justice served here, and I kind of put everything on that.”

Saudi courts prioritize ensuring that children are raised in accordance with Islam. According to court documents, the judge accepted Ms. Vierra’s ex-husband’s arguments that she was unfit to raise Zeina because she was a Westerner, and ran a yoga studio.

Social Media and International Child Custody

Divorce trials usually require the introduction of sensitive and personal evidence. For example, it is common to hire private investigators to film spouses, or use forensic accountants to hunt for strange credit card charges.

Sometimes though, the evidence falls in your lap. Facebook and other social media sites are often filled with very personal information which is increasingly being used in divorce trials. You may have heard of some examples:

  • A Husband posts his status as single and childless on Facebook while seeking primary custody of his children.
  • A mother is accused of never attending her kids’ school events because of her online gaming addiction. Evidence subpoenaed from World of Warcraft tracks her on-line with her boyfriend at the time when she was supposed to be with the children.
  • A husband denies he has any anger management issues, but posts on Facebook; “If you have the balls to get in my face, I’ll kick your ass into submission.”
  • A mom denies in court that she ever smokes marijuana, but then uploads photos of herself smoking pot on Facebook.

Is the evidence admissible? And if so, how do you prove the evidence is real and not maliciously put there? The Florida Bar Commentator published an article I wrote about using Facebook evidence at trial.

The article discusses the evidentiary potential of social media sites, and the peculiar challenges of authenticating materials from the internet. Social media websites like Facebook have had an astronomical growth worldwide, and are showing up in divorce trials.

The article suggests some of the benefits and obstacles in gathering and using Facebook and other social media evidence at trial. The article also reviews the then leading national cases on social media websites, and outlines when it is necessary to use computer forensic firms and other sources to ensure that the evidence is properly admitted.

Your Desert Kingdom Divorce

The status of women in Saudi Arabia is changing. Many women now enjoy new reforms in the law which allow women to drive, and even to a certain degree, vote. The election allowing it was for municipal councils with few powers, but the reform is a milestone for many women.

But the dramatic changes have not touched the most fundamental restriction on Saudi women, a guardianship system that gives men control over many critical parts of their wives.

The guardianship system’s rules extend to women who marry Saudis, like Ms. Vierra. Even after she divorced her husband last year, Ms. Vierra’s ex-husband remains her guardian. Wielding his guardianship powers, he prevented her from going home to see her family at Christmas and let her legal residency expire, which left her stuck, unable to access her bank account or leave Saudi Arabia.

During the divorce trial, he told the court that Ms. Vierra, did not speak Arabic well, and that she was an atheist. He also submitted photos of her in a bikini, in yoga pants . . . with her hair uncovered! This social media evidence of Ms. Vierra wearing forbidden yoga pants, in a country that requires women to wear loose abayas in public, was devastating at the divorce trial.

The court accepted his testimony at face value, she said, while hers was legally worthless unless she could bring in male witnesses to back her up. She tried to counter with videos of him that she said showed him rolling a joint to smoke hashish, talking on the phone about his marijuana use and screaming at Ms. Vierra, all with Zeina in the room. Though he acknowledged his drug use, he accused her in court of giving him the drugs and of forcing him to say he was an atheist, both of which Ms. Vierra denies.

In the end, the judge found both parents unfit to raise Zeina, awarding custody instead to the husband’s mother. But Ms. Vierra did not find this comforting; she said her ex-husband’s sister had testified that their mother had hit them and emotionally abused them as children.

“This is not just my story — there’s much worse. It’s hard to believe stuff like this can happen.”

The Independent article is here.

 

When Mama Grizzlies Divorce

Citing “incompatibility of temperament” and that “they find it impossible to live together as husband and wife” Todd Palin filed for divorce from former Alaska governor, one-time vice-presidential candidate, and self-described mama grizzly, Sarah Palin, his wife of 31 years.

Divorce Grizzly Bears

Alaska The New Frontier

In a document filed in Anchorage Superior Court, Todd Palin, 55, asked to dissolve the marriage, citing an “incompatibility of temperament between the parties such that they find it impossible to live together as husband and wife.”

The divorce filing uses initials rather than full names, but identifies the couple’s marriage date and the birth date of their only child who is a minor, Trig Palin. The filing asks for joint legal custody of the child.

The Palin family rocketed to national prominence in 2008 when Republican presidential nominee John McCain chose Palin as his vice-presidential candidate, making them household names and focusing the country’s attention on their hometown of Wasilla.

The marriage of the uber mama grizzly, Sarah and her husband Todd, a commercial fisherman, snow machine racer and oil field worker, was frequently on display in TV interviews, reality shows, books and other media appearances.

Florida Divorce

Alaska is a “no fault” divorce state, which allows for divorce on the basis of an “incompatibility of temperament.” This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court if you allege what the Palins alleged: “incompatibility of temperament between the parties such that they find it impossible to live together as husband and wife.”

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves around the world to make all divorce no-fault, there is also a counter-movement to return to the old “fault” system to promote families.

North to the Future

Since leaving office, Sarah Palin has kept a low profile in Alaska politics, while maintaining a national profile through her books, speaking engagements and social media presence.

The two have been married since 1988 and have five children: Track, Trig, Bristol, Willow and Piper. Todd Palin’s filing asks for shared custody of Trig, who has Down Syndrome. Todd Palin, unlike his famous political wife, has largely steered clear of headlines since she burst on the national scene during 2008 presidential election cycle.

He was in a snowmobile accident in 2016, in which he suffered broken and fractured ribs and a collapsed lung, a broken shoulder blade, a broken clavicle, and leg injuries. It was one of the few times the husband made headlines.

The couple’s children have also lived in and out of the spotlight over the years. Track Palin, their eldest son, was sentenced to a year in custody last year after a female acquaintance said he told her that she could not leave his house in Wasilla, took away her phone and then hit her in the head.

In December 2017, Track Palin was accused of breaking into his parents’ home and leaving Todd bleeding from cuts on his head, authorities said. He pleaded guilty in June 2018 to a lesser charge in veterans court.

The couple’s daughter Bristol Palin briefly starred in MTV’s “Teen Mom” franchise but quit the series in April. She said in her announcement that the reality series wasn’t a good fit for her and that “walking away from this show allows God to rebuild me (and my little fam) in the right direction.”

Bristol Palin was 17 when she found out she was pregnant with her son, Tripp, who she had with former fiancé, Levi Johnston. She also has two daughters, Sailor Grace and Atlee Bay, with former husband, Dakota Meyer.

The Anchorage Daily News article is here.

 

New American Divorce Statistics

When a couple gets married, they expect it to last forever. Yet a study recently published has some new American divorce statistics that has made some interesting findings. For instance, every state has at least one city in which the divorced population exceeds the U.S. average.

divorce statistics

The reasons we divorce

Couples get divorced any number of reasons. But, there are several relatively common causes. A study published in the journal Couple Family Psychology found the following

lack of commitment was the most often cited reasons for divorce, listed by 75% of individual participants.

This was followed by infidelity at 59.6%, too much arguing at 57.73%, and marrying too young at 45.1% as the most common causes of divorce. Money problems, substance abuse and domestic violence were also cited as common reasons for divorce.

Florida Divorce

This is not the first study done about which state has the highest divorce rates, or which jobs are the most likely to divorce. I’ve written about the reasons for divorce before.

From a legal perspective, the reasons for the divorce are not always relevant. Florida is a no-fault state. No-fault laws are the result of trying to change the way divorces played out in court.

In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or unreasonable behavior.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Divorce by the Numbers

Divorces happen all across the country, but the percentage of the population that is divorced can vary from city to city. In some places, more than 20% of residents 15 and older are divorced.

Every state has at least one city in which the share of the population that is divorced exceeds the U.S. divorce percentage.

In one state’s capital, just 13.3% of people 15 and over are divorced. Yet in another of the state’s cities, the divorce rate is more than double: 26.8%.

Those struggling with money are more likely to split up, while people in difficult relationships may be more reluctant to leave if they have a level of financial security that could be jeopardized by a divorce.

Some of the highest divorce population percentages included:

Arkansas: Newport
• Divorced population: 24.1 percent
• Married population: 28.7 percent
• Never married: 32.9 percent
• Median household income: $28,872

Indiana: Rochester
• Divorced population: 24.3 percent
• Married population: 42.1 percent
• Never married: 24.8 percent
• Median household income: $40,451

Colorado: Aspen
• Divorced population: 22.9 percent
• Married population: 31.4 percent
• Never married: 43.3 percent
• Median household income: $64,594

Florida: Southgate
• Divorced population: 22.3 percent
• Married population: 43.8 percent
• Never married: 24.5 percent
• Median household income: $48,508

New Mexico: Truth or Consequences
• Divorced population: 26.8 percent
• Married population: 37.9 percent
• Never married: 23.7 percent
• Median household income: $27,350

Some of the lowest are:

Hawaii: Hawaiian Paradise Park
• Divorced population: 16.9 percent
• Married population: 48.2 percent
• Never married: 26.4 percent
• Median household income: $51,908

Idaho: Sandpoint
• Divorced population: 17.8 percent
• Married population: 46.4 percent
• Never married: 24.7 percent
• Median household income: $36,706

Iowa: Knoxville
• Divorced population: 16.5 percent
• Married population: 46.7 percent
• Never married: 26.5 percent
• Median household income: $43,986

Nebraska: Ralston
• Divorced population: 16.1 percent
• Married population: 45.8 percent
• Never married: 29.7 percent
• Median household income: $55,837

North Dakota: Devils Lake
• Divorced population: 13.3 percent
• Married population: 40.2 percent
• Never married: 37.1 percent
• Median household income: $43,791

The Coloradoan article is here.

 

 

Can You Lose Your Job in Divorce?

A court in Israel just ordered the nation’s largest commuter bus company to fire an employee because he refuses to divorce his wife. The company has 30-days to comply. Why would you lose your job for refusing to divorce? What if it is a religious divorce?

Religious Divorce

Divorce on One Foot

A Jewish couple from India, who have been married for over a decade, immigrated to Israel with their only child. The Husband has been accused of abusing his wife, and the situation worsened after they moved. Three years ago, the Wife filed for divorce, reconciled, and then renewed the religious divorce.

Israel’s divorce law is based on the Ottoman Empire’s old millet law. Unlike the United States, where divorces are handled by family courts, in Israel there are parallel courts involving divorce, the religious court and family court.

Additionally, divorce court may depend on which religious community you belong to because religious courts have jurisdiction of their own religious members. This means Muslims are divorced in Sharia courts, Christians divorce in ecclesiastical courts, and Jews divorce in Jewish courts.

In Judaism, religious law requires husbands to grant their wives a “get” – a Jewish bill of divorce to be a valid divorce. Ten months ago, a rabbinical court ordered the Husband to grant his Wife a divorce. But he refused, unless she waived her right to their joint property.

Florida Divorce and Religion

I’ve written about the intersection of religion and divorce a few times. Religion, religious beliefs, and religious practices are generally not considered in Florida divorces. Surprisingly for many, even when child custody is an issue, there are no specific statutory factors in determining custody on religious grounds.

Currently in Florida, child custody decisions are based in accordance with the best interests of the child.

As it relates to religion, Florida courts have decided that there must be a clear, affirmative showing that religious activities will be harmful to the child for religion to be a factor.

Egged On

The religious divorce court has imposed various financial sanctions on the Husband for refusing to divorce, including requiring him to pay his wife $410 a month as a sanction. But he still refuses to divorce her.

Last week, a panel of rabbinical judges granted the Wife’s request and ordered an Israeli bus company to fire the Husband within 30-days.

Yad L’Isha praised the decision. “Every creative solution like this gives great hope to other women that there are other ways to release them from the prison of their marriage”. Yad L’Isha is the world’s largest organization dedicated to helping women unable to obtain a Jewish divorce.

The Haaretz article is here.

Photo courtesy of Rickjpelleg