Tag: collaborative divorce

The Rap on Joint Custody

Many are wondering what the rap is on joint custody after Kanye West requested joint legal and physical custody of his four children with Kim Kardashian. According to news reports, neither party is seeking spousal support.

Rap Custody

Famous

According to a legal response filed by the rapper’s attorney West, 43, requests joint legal and physical custody of their children. It should be no surprise that neither party is seeking spousal support.

The 43-year-old rapper’s sneaker and clothing business — now bolstered by Adidas AG and Gap Inc. — is valued between $3.2 billion and $4.7 billion by UBS Group AG, according to Bloomberg. A report published by the outlet on Wednesday, March 17, revealed that West’s total worth has skyrocketed to $6.6 billion. (Forbes previously declared West a billionaire in April 2020.)

Yeezy’s collaboration with Gap is set to hit stores this summer and “could be worth as much as $970 million” of the brand’s value, per Bloomberg. Last year, the Grammy winner signed a 10-year agreement to design and sell apparel under the Yeezy Gap label. West still holds total ownership and creative power within the company.

Along with the income from his Yeezy line, the “Gold Digger” artist has also accrued $122 million in cash and stock. He’s raked in an additional $110 million from his extensive catalog of music and has another $1.7 billion in other assets.

Forbes estimates that Kardashian West is now worth $1 billion, up from $780 million in October, thanks to two lucrative businesses—KKW Beauty and Skims—as well as cash from reality television and endorsement deals, and a number of smaller investments

Florida Shared Parental Responsibility

The question about an award of custody of children frequently comes up, especially now in Florida as the Legislature is considering a massive change to how timesharing is decided in family court.

Although Kanye is seeking “joint physical and legal custody, the term “custody” is no longer recognized in Florida. Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial, and encourage parents to co-parent more effectively.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

Go West

Amid the divorce, Kardashian has continued to live in the $60 million Hidden Hills mansion she shared with West, while the Yeezy designer Kanye has headed west, staying on his ranch in Wyoming.

I’ve written about the Kanye West Kardashian divorce problems before. Last year, after a series of tweets, Kanye claimed Kardashian and her mother, Kris Jenner, were trying to lock him up for medical reasons because of comments made during a rally in South Carolina.

West told the crowd during the Charleston event that he and his wife considered an abortion when she became pregnant with their first child. Kardashian emphasized in a past statement that “living with bipolar disorder does not diminish or invalidate his dreams and his creative ideas, no matter how big they feel to some.”

“I understand Kanye is a public figure and his actions at times can cause strong opinions and emotions. He is a brilliant but complicated person who on top of the pressure of being an artist and Black man, who experienced the painful loss of his mother, and has to deal with the pressure and isolation that is heightened by his bipolar disorder.”

West also asks for the court’s right to award spousal support for either person to be terminated, the filing says. In the document, West’s counsel lists irreconcilable differences as the couple’s reason for divorce, though a date of separation is not given.

West and Kardashian, 40, started dating in 2012 and tied the knot on May 24, 2014. Kardashian filed for divorce in February after nearly seven years of marriage.

The split between West and Kardashian came after a tumultuous period for the pair, who appeared to be on the brink of divorce last summer before reconnecting and spending private time together with their children.

In January, however, multiple sources confirmed that Kardashian had been working with a high-profile divorce attorney and planned to file for divorce. “They are just not on the same page when it comes to their future as a family,” one insider said at the time. “And Kim is okay with it.”

“Kim plans on staying at the Hidden Hills house with the kids. This is their home and Kim doesn’t want to move right now at least,” one insider previously told PEOPLE. “They both agree that the less stress the kids experience, the better. Kanye loves his kids. He wants them to be happy,” the source added. “He doesn’t want to fight with Kim about anything.”

The CNN article is here.

 

Politics and Reasons to Divorce

Given the current divisiveness in our country, it should not surprise us that politics can be one of many reasons to divorce in other parts of the world. This is especially true for a Palestinian peace activist who claims he was offered an unconventional proposition by his Hamas captors: divorce your wife and you are free to leave prison.

divorce reasons

A Saga in Gaza

According to reports, Gaza resident Aman had signed a marriage contract with the daughter of an exiled Hamas official right before the pandemic started. Hamas, is an acronym of Ḥarakat al-Muqāwamah al-Islāmiyyah, which in English translates to Islamic Resistance Movement, and is the government ruling the Gaza Strip.

Two months after the marriage, Aman did not think he was doing anything subversive when he joined a Zoom call with Israeli peace activists. During the widespread closures at the start of the coronavirus pandemic, Aman wanted to discuss the “double lockdown” he experienced in Gaza, which has endured 14 years of a tight Israeli-Egyptian blockade against Hamas.

“I wanted to let people know more how it is when you live under Israeli occupation and siege, deprived of the rights the rest of the world enjoys.”

For over two hours, Aman and his group of peace activists, the Gaza Youth Committee, talked about coexistence with dozens of Israelis peace activists. As word of the Zoom meeting leaked out, social media filled with angry comments branding him a traitor.

Some urged Hamas to act. It did, and the Zoom meeting landed him in a prison cell known as “the bus,” and ultimately ended his marriage.

Florida No Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce. So, if your spouse is either out in the streets demonstrating, or worse, attending a Zoom call with peace activists, you don’t need to allege that as grounds for divorce.

I’ve written about divorce reasons before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your spouse’s political activism. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over or throw mud at each other and prove wrongdoing like collaboration or weakening the revolutionary spirit.

No-fault laws were the result of trying 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.

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.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Searching for Reconciliation

Aman said that after his Zoom meeting, he and seven members of his group were summoned to Internal Security, the agency that deals with dissidents and people accused of spying for Israel. The questions focused on the Zoom meeting and who might have been behind it. Aman was accused of collaborating with Israel — a crime punishable by death.

Then the questioning took a strange new turn. Just two months earlier, Aman had signed a marriage contract with the daughter of an exiled Hamas official based in Egypt.

The couple did not have time to celebrate their wedding with a formal ceremony due to the coronavirus lockdown, but they were considered married under Islamic law.

Aman said she believed in the message of peace and joined his team in several discussions with Israelis. He asked not to publish her name, fearing it could bring her harm. Aman said his new wife was arrested with him, but they were quickly separated. “She doesn’t want you,” an officer told him. “It’s better you both divorce.”

For two months, he said, he resisted the pressure to break up. On June 28, she finally visited, telling him she had been released on bail.

“This was not the woman I knew. It was clear she was under heavy pressure.”

In mid-August, he said he finally signed the divorce papers after he was promised he would be released the next day. Yet he remained in captivity for two more months. On October 25, Egypt opened its border with Gaza to allow a Hamas delegation to travel to Cairo.

The next day, a Hamas court convicted Aman on the vague charge of “weakening the revolutionary spirit.” He was released on a suspended sentence. Only then did Aman learn his wife had been taken with the Hamas delegation to Egypt and turned over to her family. The Associated Press contacted the woman, who confirmed she was forced into the divorce and wanted her husband back.

“Now I have my personal battle: return to my wife.”

The ABC news article is here.

 

Good Causes of Divorce

In a never-ending series, we look at good causes of divorce. In this edition, a police detective from Pennsylvania filed for divorce from his wife after he noticed she was photographed with another man during the January 6th Capitol riot.

Causes of Divorce

Stopping the Steal

Jennifer — the wife of Detective Michael of a Pennsylvania township police department and part of the FBI Pittsburgh office’s Violent Crimes Task Force — is accused of taking part in the January 6 riots at the Capitol building.

Jennifer was charged with several crimes after the riot, including disorderly and disruptive conduct in a restricted building or grounds, and violent entry and disorderly conduct on Capitol grounds, court documents show.

The FBI said in court documents filed last week that it identified Jennifer through her association with a man identified as Kenneth , and shared a photo of the two together that it said was obtained from Kenneth’s iPad.

The detective filed for divorce in February, records filed at the Allegheny County Court of Common Pleas show, according to the Pittsburgh Post-Gazette.

Florida No Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce. So, whether your Wife is out in the streets demonstrating, or worse, demonstrating with another man, you don’t need to allege that as grounds for divorce.

I’ve written about divorce and infidelity issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your spouse’s political views. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying 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.

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.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

No Collusion

He is not part of the investigation. Sean Frank, the chief of the township’s police department, said earlier this month that the detective had asked his wife not to go to the pro-Trump rally that preceded the riots.

The FBI said Jennifer was seen on restricted Capitol grounds, and inside the Capitol rotunda while wearing a red long-sleeve jersey bearing “Trump 20” on the back. It reviewed security-camera footage and police bodycam footage; court documents show.

The FBI said that it also looked at Facebook Messenger exchanges between Jennifer and Kenneth, where they discussed their plans to travel to Washington, DC, including renting a vehicle and a hotel.

She later told the FBI that she did not enter the Capitol building. But the FBI said that its evidence shows there is probable cause to believe that she was present inside the US Capitol on January 6, 2021, during the riot and related offenses that occurred at the US Capitol Building.

She said she had traveled to Washington on January 5 and returned the next day, court documents said. She said that she and Kenneth then fell out of touch — that she had travelled to the rally alone and stayed in a separate hotel from Kenneth — but that she saw him at the pro-Trump rally.

In its arrest affidavit, the FBI includes a photo that it says shows Jennifer wearing a camo-colored Trump hat while Kenneth is seen wearing a Q-Anon sweater and an American flag-themed balaclava around his face.

In late January, Kenneth was also charged in Pittsburgh federal court for knowingly entering or remaining in a restricted building; disorderly conduct impeding government business; disruptive conduct in the Capitol building; parading, demonstrating or picketing in the Capitol; and obstructing an official proceeding.

According to an FBI affidavit, Kenneth live-streamed video of himself on Facebook showing him and others inside the Capitol building. Facebook users who watched the live-stream contacted the FBI and identified Kenneth, it is alleged.

In the affidavit, photos alleged to be of Kenneth in Washington, DC show him wearing a black-hooded sweatshirt with an American flag patch on the arm, the letter ‘Q’ on one lapel, a ‘Don’t Tread On Me’ flag on another lapel, and a black Pittsburgh Pirates baseball cap.

Jennifer works as a web and graphic designer for a distributor of nuts in Western Pennsylvania, according to her LinkedIn bio. Michael’s boss, the Police Chief Sean, told the Pittsburgh Post-Gazette that Michael pleaded with his wife not to go to Washington, DC on January 6.

The Business Insider article is here.

 

Swinging into Child Custody Co-parenting

Four years after Spiderman star Tobey Maguire separated from his estranged Wife Jennifer Meyer, the couple is swinging into a new life of child custody and co-parenting in a way many divorcing couples should stick to.

Spiderman coparenting

Spiderman Meets Divorce Court

The two are officially ending their marriage. Four years after splitting, Meyer filed for divorce from the actor. Jennifer Meyer announced their separation, but the issues that led to the end of their nine-year marriage are not new.

“They’ve been living separate lives for a while. They have completely different interests and haven’t seemed to be connecting.”

Part of the problem seems to be a personality clash. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends,” the source explains.

“They haven’t been happy together for a long time. But they are great parents, and they love their children.” A family friend echoed the couple’s devotion to their children. “It’s a marriage that’s ending, but a bond and a family as strong as any I know. They’re remarkable people. And very supportive of each other.”

Florida Co-Parenting

The question about an award of custody of children frequently comes up and is a matter I’ve written about before. Many people are surprised to learn that the term “custody” is no longer recognized in Florida.

Florida replaced the “custody” term for the “parenting plan” concept in order to avoid labeling parents as “visiting parent” or “primary parent” in the hopes of making child custody issues less controversial, and encourage parents to co-parent more effectively.

Under Florida’s parenting plan concept, both parents enjoy shared parental responsibility and a time-sharing schedule. “Shared parental responsibility” means both parents retain full parental rights and responsibilities and have to confer with each other so that major decisions affecting their child are made jointly.

A time-sharing schedule, as the name suggests, is simply a timetable that is included in the parenting plan that specifies the times, including overnights and holidays, that your child spends with each parent.

Florida’s parenting plan concept has changed sole custody into “sole parental responsibility.” The term means that only one parent makes decisions regarding the minor child, as opposed to the shared parental responsibility terms, where both parents make decisions jointly.

Spidey Sense

Maguire, 41, and Meyer, 39 met in early 2003 and were married four years later in an intimate wedding ceremony in Hawaii, witnessed by a small group of family and friends.

At the time Meyer, a jewelry designer, shared her feelings about the big moment, telling USA Today, “Let’s just say this is truly the best time of my life. I’m walking on air. I’m getting married, starting a family and have an amazing company.”

The actor, who has spoken out about having a rocky childhood, revealed that settling down was a big priority in his life.

“Growing up the way I did, I had a very serious ambition to make some money, to have some security and comfort in my life,” he told Parade magazine in 2007.

Maguire has been keeping a low profile in Hollywood since wrapping up Spider-Man 3 — his final outing with the franchise — in 2007, appearing only in a handful of carefully selected projects including 2013’s The Great Gatsby and 2015’s Pawn Sacrifice, his last film to date.

The actor has also been seen hanging with pal Leonardo DiCaprio and girlfriend Nina Agdal, mostly recently on a yacht in Ibiza.

Maguire and Meyer also attended Jennifer Aniston and Justin Theroux’s secret wedding last year (Meyer designed Aniston’s wedding ring), and eventually joined Aniston and Theroux on a group honeymoon trip to Bora Bora that included a slew of other friends.

“They have completely different interests and haven’t seemed to be connecting,” the insider said at the time. “He’s extremely private and prefers to stay home, and she’s very social and has tons of girlfriends.”

“They haven’t been happy together for a long time,” the source continued, “but they are great parents, and they love their children.”

Despite their separation, the duo seems to have remained on friendly terms. The Spider-Man star has shown up to support Meyer in the years since their split. In 2018, Maguire attended the opening of his ex’s jewelry store in Los Angeles and posed for photos with Meyer.

In June, Meyer wished Maguire a happy Father’s Day on Instagram, calling the actor her “best friend.”

“To the best baby daddy. All is can say is no matter what happens in life, to relationships etc…. choose a dad for your kids that you can count on forever. This one right here is my best friend and the greatest dad to our babies. I’m sorry Tobey, I know you hate Instagram, but every once in a while I like to brag to everyone about how special you are ❤️ Happy Father’s Day.”

The People article is here.

 

When World Leaders Divorce

Courts are open remotely, lawyers are practicing law, and if you are wondering whether you are able to get a divorce, know that the Prime Minister of the United Kingdom, Boris Johnson, was able to obtain his divorce during the quarantine. It’s not just world leaders like the Prime Minister who are now free to plan their future wedding. Now, anyone can start their future after the lockdown restrictions are eased.

World Leader Divorce

London Has Fallen

Boris Johnson, of course, is the Prime Minister of the United Kingdom. The world leader is the head of government of the United Kingdom, and directs both the executive and the legislature, and together with their Cabinet is accountable to the queen, to Parliament, to their party, and ultimately to the electorate, for the government’s policies and actions.

Marina Wheeler, 55, shares four of the Prime Minister’s six children and applied for a decree absolute in February. It is understood that the divorce was granted before Ms Symonds gave birth to Mr Johnson’s sixth child Wilfred last week. Ms Wheeler, a leading barrister, started divorce proceedings last year after she and Mr Johnson separated in 2018.

Florida Divorce

I have written about when divorce impacts a world leader, CEO of a large company, and everyone else. Divorce can be stressful, and can have an impact on people going through it. With the coronavirus spreading throughout the world, and courts on lockdown, it is good to know that legal remedies are continuing despite the pandemic, and that people are still able to get a divorce.

Divorces in the United States are state government remedies. With the family court system prohibiting entry to lawyers and clients except for emergency cases, many think that they cannot get a divorce. The opposite is true.

With the widespread use of zoom, courts are regularly holding divorce and family law proceedings electronically.

British prime ministers, like U.S. presidents, have little connection to divorce. Ronald Reagan was the only president of the United States who was even divorced. Until now. President Elect Donald Trump has been divorced twice.

There are some very interesting statistics about divorce:

– In America, the divorce rate for a first marriage is around 41%.

– In England and Wales the divorce rate is about 42%.

– The divorce rate for a second marriage is 60%.

– The divorce rate for a third marriage is 73%.

– The average length of divorce proceedings in the United States is 1 year.

– Western states have the highest marriage and divorce rates, followed by the South. The Northeast has the lowest marriage and divorce rates.

– Nevada has the highest rate of divorce at 14.7%.

– Florida’s rate of divorce is around 13%

– If a spouse has gained more than 20% of his or her body weight, divorce is more likely.

Back in England

The Prime Minister also has a fifth child, an 11-year-old daughter Stephanie, with art consultant Helen McIntyre. He was previously married to socialite Allegra Mostyn-Owen from 1987 to 1993. Sonia Purnell, Mr Johnson’s former colleague at the Telegraph and author of his biography Just Boris, said his ex-wife played a pivotal role in his political career.

‘Marina was a very important and supportive figure in Boris’s career. She persuaded him to take the McPherson Report into institutional racism in the police seriously. She persuaded him, as Mayor of London, to be more liberal on issues like immigration. He does owe her an awful lot. She has been a real stabilising influence in his life.

Since Ms Wheeler and Mr Johnson separated two years ago, she has surgery for cervical cancer last year and her mother Dip Singh died in February at the age of 87. She said her cancer diagnosis made her appreciate the ‘value of holding close those who you love and trust.’

A source close to the family told the Mirror: ‘Marina has been through so much over the last two years. Fortunately her family have been very close and supportive, particularly her sister Shirin.

‘Marina was an equal in that marriage. There was a point where Boris seemed to have a sense of real regret that he had endangered his marriage with his affairs. ‘Although there is no doubt she was hugely hurt by all his betrayals she would have no interest in standing in his way. She will want to move on with the next part of her life.’

Mr Johnson and Ms Symonds announced they were engaged on February 29, while also announcing they were having a baby in early summer. The couple’s first child, a son, was born on April 29.

The PM and his partner revealed their new son’s full name as Wilfred Lawrie Nicholas Johnson last week, with the first name a tribute to Mr Johnson’s paternal grandfather, Osman Wilfred Kemal, and Lawrie a reference to Ms Symonds’ grandfather.

The Daily Mail article is here.

 

Divorce Planning During the Coronavirus and Some Good News

We have been experiencing a surge in divorce inquiries. Just about everyone has been ordered into quarantine, and living in such close proximity is taking a toll on some marriages and relationships. But there’s another reason: simple divorce planning. Also, for fans of ‘The Office’, Jim has “Some Good News” for us during the coronavirus.

Divorce Planning Coronavirus

Divorce Planning and Market Timing

For many, the divorce inquiries are taking place while the market has dropped and people are losing their jobs. If that sounds counter-intuitive, consider this: when you divorce and your assets are worth less and your debts are up, you may pay less, so now may be a great time to divorce . . . if that was your plan.

This opportunity to divorce is particularly attractive to those whose divorce was a matter of timing. Now may be a great opportunity to finalize a settlement agreement if businesses or shares of stock can be managed back to their former value after the crisis passes.

For others, the concern is about settlement terms they agreed to before the downturn and their ability to afford the settlement terms when they have less pay. Clients are viewing the current financial crisis as an opportunity to negotiate an advantageous divorce settlement.

In only days, we have increased calls from anxious and stressed clients who are confined to living in quarantine with their soon-to-be Ex and children who they have to home school.

Shelter in place orders are putting a huge strain on relationships, particularly if there was already tension and issues between couples. This is only being heightened by the financial impact of restrictions on people’s businesses and incomes and the uncertainty they face as a result.

Florida Divorce Planning during the Coronavirus

I have written about the phenomenon of divorce planning, and especially divorce filings at the beginning of the year, many times before.

The first few months of the year are known for divorce filings, January is even nicknamed the “Divorce Month” in Florida. Researchers recently did an analysis of American divorce filings and found that there is a spike in divorces in January.

The spike in divorce filings is followed by a peak in late March. What’s happening at the beginning of the new year that causes people to both marry and divorce?

According to some reports the beginning of the year and the holiday season are often a tricky time for couples whose relationships have been under pressure for a while.

Add in the intense time spent together, financial pressure, extended family critiques and unrealistic expectations (nothing worse than happy people’s Facebook posts) – and it can spell disaster for some relationships.

Planning Ahead for Divorce during the Coronavirus

For many couples, government shelter-in-place orders have thrown them into a completely different way of living, changing the dynamics of their relationship entirely, and introducing a whole new set of complications and concerns.

While some may find that working through the uncertainty brings them closer together, others are not as lucky, and have been forced to face underlying issues that may have been bubbling under the surface.

You should consider consulting a board certified marital and family lawyer to consider your options and discuss what to do while you’re in quarantine and once the crisis passes.

The vast majority of people inquiring are people who were already on the fence and thinking of filing for divorce, and now the harsh reality of being at home with their partners has pushed them to breaking point.

For those that were planning to leave, but now can’t, this is an extremely challenging time. There are also those who agreed to separate but haven’t yet done so or filed for divorce. Worse still, being locked down together is causing a lot of strain and pressure.

Some have stayed married due to the financial loss they would suffer if they broke up the family, but are seeing the financial crisis as their long-awaited opportunity to leave and take advantage of the dip in wealth for a divorce settlement,’ she explained.

Coronavirus: Some Good News

Fans of ‘The Office’ will be please that there is some good news to report from Jim. So, I’ll let actor John Krasinski talk about some good news on his home-made channel SGN.

His video is here, and includes an interview with Steve Carell to mark the 15th anniversary of ‘The Office.’

 

Trapped in a Quarantine Means a Baby Boom or Divorce Boom, and There’s More Good News about the Coronavirus

If you’re feeling trapped, you’re not alone. The forced quarantines and shelter-in-place orders mean couples are spending a lot of time together . . . +maybe too much. That could mean another baby boom, or if China is an example, divorce boom. Plus, there is more good news about the Coronavirus.

Coronavirus Divorce Baby Boom

Birth of the “Coronials”

As reported in the Chicago Tribune, Sarah Bradburn’s coronavirus shopping list consists of two very important items: condoms and toilet paper.

“We are all emotional and clinging to our spouses. But when we’re stressed, we just become closer.”

During the first few surreal days of the coronavirus scare, there were predictions far and wide of a huge number of corona babies that would be born in nine months. Maybe they’ll be described as “coronials?”

In fact, Lori Sapio, a Chicago photographer, plans to post a CV19 newborn special in April similar to her Cubs newborn special that she announced after the team won the World Series. But is it really coming? Or will the social distancing and forced time together cause more divorces than babies?

In China — where the coronavirus hit long before it arrived here — the divorce rates rose, and couples formed a line outside a divorce registration office as soon as they were out of quarantine.

The Coronavirus and Divorce

I’ve written about the coronavirus and divorce before. Forced together due to a shelter-in-place order may be the reason for your divorce, but legally you don’t need one. That’s because Florida is a no-fault divorce state.

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

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.

What do you do if you are trapped in quarantine with someone you want to separate from?

To avoid problems during a quarantine, you may have to force yourself to work together – however difficult that may be.

Couples who are separating or separated already, and are parents, are being forced to work as a team and talk through problems that are making forced quarantine impossible. Reassure each other that you will make it through and work together.

The key if you’re living together is to strike the right balance between having quality intimate time together, or if you’re at the brink of your relationship, giving each other some space.

Good Coronavirus News

Some good news for all of us. The U.S. Senate passed the largest economic relief bill in American history Wednesday night. By a vote of 96-0, the bill gives help to big and small businesses, health care facilities, and folks who lost their jobs due to the coronavirus.

Some key provisions:

Stimulus to the Economy: The bill will pump some $2 trillion into the economy.

Direct payout to Americans: The bill would give one-time direct payments to Americans — $1,200 per adult making up to $75,000 a year, and $2,400 to a married couple making up to $150,000, with $500 payments per child.

There is a phase-out for individuals who made more than $75,000, or married couples who filed jointly who made $150,000.

The checks will be directly deposited into bank accounts if you included direct deposit information on your tax form. If you did not, your check will be mailed to you.

Unemployment insurance help: Additional unemployment insurance benefits will be bolstered for four months by increasing the maximum unemployment benefit that a state gives to a person by $600 per week.

Funds for hospitals, equipment: The bill will provide $150 billion for hospitals treating coronavirus patients. Of the $150 billion, $100 billion will go to hospitals and $1 billion will go to the Indian Health Service. The other $49 billion will be used to increase medical equipment capacity.

Aid to state and local governments: Around $150 billion will be allocated for state and local governments to pay for the cost of fighting the virus and providing services to those who have the virus.

The Chicago Tribune article is here.

 

A Royal International Child Custody Case

Child custody cases impact everyone, including world leaders as one recent British case proves. But the stakes in an international child custody matter can change when a parent who holds the power of a state government behind him, gets tough.

Royal Child Custody

A Royal Scam?

When you are concerned in your child custody case about the unlimited resources of the other side, knowing the children’s father is His Highness Sheikh Mohammed bin Rashid Al Maktoum the ruler of the Emirate of Dubai and Vice President and Prime Minister of the United Arab Emirates does not help.

Luckily, the children’s mother is Her Royal Highness Princess Haya bint Al Hussein. She is a daughter of His Majesty the late King Hussein of Jordan and the half-sister of the present ruler of Jordan, King Abdullah II.

The mother is the second official wife of the father, who, in addition, has a number of “unofficial” wives. These two children are the two youngest of the father’s 25 children.

In April 2019 the mother travelled to England with Jalila and Zayed. Although it was normal for the children and the mother to visit England, she made it clear soon after arrival that she and the children would not be returning to Dubai.

The Princess claims she fled the Gulf emirate with her children, saying she had become terrified of her husband’s threats and intimidation. The threats continued after the princess moved to London adding that the Sheikh had used the apparatus of the state “to threaten, intimidate, mistreat and oppress with a total disregard for the rule of law.”

In May 2019 the father commenced proceedings to order the children to be returned to the Emirate of Dubai. The mother initially contested the court’s jurisdiction by asserting that she enjoyed diplomatic immunity, it being the case that shortly after her arrival in England the government of the Hashemite Kingdom of Jordan appointed the mother to the post of First Secretary at the Jordanian Embassy in London

The father, as the ruler of the State of Dubai and as the Head of the Government of the UAE, claims and acknowledges that his position attracts certain immunities, and cannot be required to attend this court to give oral evidence.

In October 2019 the father substantially revised his position by no longer pursuing his application for the children to be returned to Dubai. He agreed that the children would now continue to live with their mother and be based with her in England.

Within the same time period, the father published a poem entitled “Luck strikes once”:

“My spirit is cured of you, girl. When your face appears, no pleasure I feel. Don’t say troublemakers are the ones to blame. It’s your fault, though you’re fairer than the moon…They say luck strikes once in a lifetime and if you lose luck you have no excuse”.

The mother took the poem as a direct reference to herself.

Florida Child Custody

I’ve written about child custody and domestic violence before. Florida does not use the term “custody” anymore, we have the parenting plan concept. For purposes of establishing a parenting plan, the best interest of the child is the primary consideration.

The best interests of the child are determined by evaluating all of the factors affecting the welfare and interests of the particular minor child and the circumstances of that family, including evidence of domestic violence, child abuse, child abandonment, or child neglect.

In Florida, the term “domestic violence” has a very specific meaning, and it is more inclusive than most people realize. It means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

When discussing family or household members, Florida law defines these to mean spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married.

In Florida, individuals who have experienced domestic violence have civil and criminal remedies to protect themselves from further abuse. Protection orders may include the victim’s children, other family members, roommates, or current romantic partner. This means the same no-contact and stay-away rules apply to the other listed individuals, even if the direct harm was to the victim.

This could include a parent leaving a series of anonymous notes in the other parent’s bedroom making threats such as “We will take your son – your daughter is ours – your life is over” or warning her to be careful; and leaving a gun on the bed with the muzzle pointing towards the door and the safety catch off.

Can’t Buy a Thrill

After listening to witnesses and the King’s poetry, a judge at the High Court in London found that the Father “acted in a manner from the end of 2018 which has been aimed at intimidating and frightening” his ex-wife Princess Haya, 45.

Judge Andrew McFarlane also said the Sheikh “ordered and orchestrated” the abductions and forced return to Dubai of two of his adult daughters from another marriage: Sheikha Shamsa in August 2000, and Sheikha Latifa in 2002 and again in 2018.

The judge made rulings after a battle between the estranged spouses over the welfare of their two children, but the Sheikh fought to prevent them from being made public. The U.K Supreme Court quashed that attempt.

The judge found that Haya’s allegations about the threats and abductions met the civil standard of proof on the balance of probabilities. Princess Haya also alleged that Sheikh Mohammed had made arrangements for Jalila — then aged 11 — to be married to the Crown Prince of Saudi Arabia, Mohammed bin Salman.

In 2002 the return was from the border of Dubai with Oman, and in 2018 it was by an armed commando assault at sea near the coast of India.” The judge said Shamsa, now 38, was abducted from the streets of Cambridge and “has been deprived f her liberty for much if not all of the past two decades.”

Sheikh Mohammed is also the founder of the successful Godolphin horse racing stable and last year received a trophy from Queen Elizabeth II after one of his horses won a race at Royal Ascot.

In a statement released after the rulings were published, the Sheikh said that “as a head of government, I was not able to participate in the court’s fact-finding process. This has resulted in the release of a ‘fact-finding’ judgment which inevitably only tells one side of the story.”

“I ask that the media respect the privacy of our children and to not intrude into their lives in the U.K.”

The Time article is here.

 

Prenups Can Speed A Divorce

Exhibiting “warp speed”, actor William Shatner’s divorce from his fourth wife, Elizabeth Martin, has been finalized. The “Star Trek” actor filed for divorce last month, and apparently finalized it a month later. His prenuptial agreement likely helped speed his divorce to an early settlement.

Prenups Speed Divorce

Warp Speed

According to many reports, Shatner’s net worth is over $100 Million dollars from over two decades in acting. Distributing the actor’s fortune could have been a tremendous source of litigaton had there not been a prenuptial agreement.

However, court documents show the former couple had a prenuptial agreement in place, which allows the 88-year-old to keep his “Star Trek” royalties, the news outlet said. The actor was married to Martin for 18 years.

When reached by Fox News last month, Martin shared her brother had died around the time Shatner filed for the divorce and that she was with her family “during this time of grief.” “Respect distance from divorce topic while we grieve my brother respectfully,” she added. Representatives for Shatner did not immediately respond to Fox News’ request for comment.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just exploring the strange new world of marriage. A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce. This can be especially important for those who boldly go into fourth marriages.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment. Many couples divorcing would prefer not to to explore the strange new worlds of family court.

That’s where prenups come in. Prospective spouses may limit or expand state laws by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce.

As shown in Shatner’s case, prenups can also be the fastest way to resolve a future divorce . . . if they’re done right.

There are a galaxy of problems with prenuptial agreements too. If a prenuptial agreement includes any provisions that violate the law or public policy, it may automatically be deemed invalid.

Additionally, a prenuptial agreement cannot waive child support, and can’t set an amount for child support. Courts have plenary power over support issues, so child support amounts are determined by courts based on our child support guidelines.

Also, a premarital agreement may not be enforceable in a family court case, for instance, if it was not signed voluntarily; or if it was the product of fraud, duress, coercion, or overreaching.

Flying Through the Divorce Nebula

In the Shatner divorce, he listed the couple’s separation date as February 1, 2019. He was previously married to Nerine Kidd, Marcy Lafferty and Gloria Rand. He shares two daughters, Lisabeth Shatner, 58, and Leslie Carol, 61, with Rand.

The actor shot to fame in the 1960s for his role as Captain James T. Kirk in the original series run of “Star Trek” and went on to have a lucrative film and TV career afterwards.

Shatner’s third marriage, to Kidd, ended in tragedy in 1999 when she died of accidental drowning in their swimming pool. Although the actor had filed for divorce after two years of marriage shortly before the incident, he explained in his 2018 book “Live Long and…What I Learned Along the Way” that he was nonetheless grief-stricken by the loss.

The Rise of Starfleet

Last week, President Trump unveiled the new logo for the United States Space Force, America’s newest branch of the military. Many are saying the logo looks suspiciously like the logo for the fictional Starfleet Command in the Star Trek entertainment universe.

Fellow Star Trek actor, George Takei, who played the character “Sulu” on the original series with Shatner, mocked the new logo for Space Force. After it was unveiled, Takei quickly tweeted:

‘Ahem. We are expecting some royalties from this..’

In his Washington Post opinion piece, Takei drew parallels between the Trump administration and a Star Trek episode called ‘Mirror, Mirror,’ where the USS Enterprise bridge crew find themselves in a parallel universe where ‘cruelty’ has replaced ‘diplomacy.’

The Fox News 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.