Tag: divorce and annulment

Coronavirus Divorce Spike and Property Prices

The coronavirus divorce spike is having an impact on property prices. Many have heard that the financial impact of shutting down the economy, coupled with the stress of being in quarantine for months, is causing a surge in divorce rates. That increase is also impacting property values.

divorce property

House Hunters

In Great Britain, there has been a 42% rise in divorce inquiries between mid-March and mid-May, compared with the same period in 2019, according to the figures from Co-op Legal Services.

Based on the latest divorce data from the Office for National Statistics (ONS), this could mean an extra 38,346 couples could be calling it a day in 2020.

Some are speculating that therefore; the property market could see a boost of 38,346 homes entering the market if these additional divorces lead to the sale of the family home.

With the current average UK house price at £243,809, the addition of divorce properties hitting the market could total over £9.34bn ($11.85bn) in transactions for the property market, according to research from estate agent Barrows and Forrester.

Florida Divorce

I have written on the topic of divorce and coronavirus issues in the past. For many couples simply putting a shared home up for sale may seem like the simplest solution, but remember, that step won’t automatically erase all mortgage headaches or end the need to co-operate with your former spouse.

You will still need to agree on a realtor and asking price as well as determine how the continuing mortgage payments will be made. Will you be splitting the expense 50/50? Will the spouse who continues living there make the full payment?

If your home sells for more than the outstanding balance on the mortgage, how will the remaining proceeds be divided between you both after settling the joint debt? Worse, if you end up underwater on the mortgage, you’ll have to decide if you can even afford to sell it and how you’ll pay off the remaining debt if you do.

There are also the taxes. You can each exclude the first $250,000 in capital gains — the amount your home has appreciated in value since you bought it — from your taxable income, if the home was your primary residence and you owned it for more than two years.

If you opt to file a joint tax return, you can exclude up to $500,000. Earnings above that exclusion or on the sale of, say, a vacation property, could stick you with a tax bill.

Miami Divorce Spike and Property Prices

The surge in divorce filings and the impact on property owners, it is thought, could provide a much needed boost to the industry which saw market activity slow to a trickle for much of the lockdown as the UK government urged against house moves, with many estate agents shutting their doors with physical viewings and valuations off the cards.

The coronavirus sparked the biggest monthly fall in UK house prices since 2009, according to lender Nationwide’s closely followed house price index.

The same is true in Miami, where home sales in South Florida plummeted in April. Sales of both condos and single-family homes dropped nearly 40% in Miami-Dade and Broward from the same month in 2019.

Incredibly, median prices continued to increase. Median prices rose for both single-family homes and condos, despite the pandemic and drop in sales. Sales under contract in February and March, closed in April, reflecting a strong first quarter.

The median price for single-family homes grew by 7.3%, from $356,000 to $382,000. The median condo price increased by 6.9%, from $248,000 to $265,000.

More than 90% of median-priced single-family homes and condos sold for at or near the asking price. Cash transactions comprised 22.1% of all transactions, down from 34.8% in April 2019. That’s still more than the national percentage of 15%.

However, some think divorce property on the market could lift property stock and keep prices up amid a considerable increase in buyer demand since the industry lockdown was lifted in May.

Unfortunately, divorce is an inevitable aspect of modern-day life and one that has been exacerbated as a result of a lengthy lockdown at home with our significant other. It’s also one of three influences that regularly see properties come to market, along with death and debt, as couples look to divvy up their existing assets in order to move on in life.

The one positive of this is there has been a huge uplift in buyer demand since the property industry reopened last month but a continued hesitance by some sellers to list and this stock boost should help meet this demand while helping keep house prices buoyant.”

The UK Yahoo article is here.

 

Can Divorce Privacy Fly?

Singer R. Kelly no longer needs to wonder can divorce privacy fly in his case. We now know his legal name is Robert S. Kelly, and a lot of embarrassing information he wanted kept private. Although the files were initially sealed by the court in his divorce case, they have been opened to the public by an appellate court.

divorce privacy2

Surviving R. Kelly’s Divorce

In 2006, R. Kelly filed a petition to dissolve his marriage with wife Andrea. In June 2013, the family court entered an agreed order directing that the entire court file be sealed because of a “serious likelihood of the media culling through the record for the purpose of revealing painful, potentially scandalous, details.”

In 2019, radio station WBEZ and the Chicago Tribune filed a joint motion to access the sealed court files after a more than $160,000 in unpaid child support landed the singer in jail, and just three weeks after Kelly was jailed while gathering the cash to post bond on criminal sexual abuse charges tied to allegations by four women.

Kelly and his former wife have been battling over finances for more than a decade, with the embattled R&B singer and his reality TV star ex each claiming poverty at times, the unsealed divorce filings show.

Among other revelations, Kelly was repeatedly accused of falling behind on child support and he sought to reduce them, claiming he had seen a “steady decline in his popularity” due in part to his “age, drastic decline in record sales, increased album purchase prices …. and the overall economic downturn.”

In response, Andrea Kelly tried to have his child support payments increased, saying he had “gone to great extents” to hide his income and assets. She also noted in the filing that her pay from the reality TV show “Hollywood Exes” wasn’t sufficient to pay the bills.

Kelly’s attorneys revealed that the singer faced a tax liability of more than $7 million and that the mortgage on his house in suburban Olympia Fields — often mentioned as the site of his alleged improper sexual encounters with teenage girls — had been foreclosed.

As long-standing allegations of predatory sexual behavior against Kelly gained public attention, his former wife accused him of withholding payments as punishment for her speaking out about his alleged abuse. In turn, Kelly has said her public allegations have made it difficult for him to earn money.

Florida Divorce Privacy

I’ve written on divorce privacy issues before. Divorce privacy is an issue that comes up a lot. Divorces in generally, and court records themselves, are public events, and the filed records of court proceedings are public records available for public examination.

Both the public and the media can challenge any closure order by filing the appropriate motion in court. The closure of court proceedings or records should only occur when it’s necessary to comply with established public policy, to protect trade secrets; or to protect children in a divorce among other reasons.

In addition, Florida has new rules protecting sensitive data from public view. This includes protecting Social Security, Bank Account, Debit, and Credit Card Numbers because if those numbers are included in a document, they may become part of the public record.

If information is absolutely required, there is a rule with procedures for sealing and unsealing of court records. Also, the Clerk of Court has the authority to redact or make confidential only specific information.

If sensitive information has already been filed in Court Records, you must complete and submit a “Notice of Confidential Information Within Court Filing” in order to remove or seal it.

“When a Woman’s Fed Up”

Andrea hinted at the long legal tussle in comments for the Lifetime documentary series “Surviving R. Kelly,” which featured multiple women accusing Kelly of wrongdoing and amplified the wave of public backlash against the singer.

“People think that I’m living this great, lavish life, but they don’t understand,” she said. “… People just think oh, you know, she wants to come forward now because the checks stopped. … The checks have been over for a very long time.”

Originally, the family court order allowed public access “to the entire court file, including the redacted documents and noting the sealed documents” beginning on August 13, 2019.

But then the court clerk placed material in the public file that the court had ordered to be sealed and the court thereafter restricted further access in the best interest of the children.

WBEZ appealed and the appellate court reversed finding the right of the public to review court records is supported by constitutional guarantees and case law.

“Litigation is a public exercise; it consumes public resources. It follows that in all but the most extraordinary cases complaints must be public. Consequently, judicial proceedings in the United States are open to the public.

Access to judicial records is not absolute, and every court has supervisory power over its own records and files, so it may deny access at times. The party opposed to public access must establish both that there is a compelling interest favoring a closed file and that the protective order is drafted in the least restrictive manner possible.

One scenario in which a court may deny public access is where the court finds that a public hearing may be detrimental “to the child’s best interests.” In a dissolution of marriage case, the court may order the sealing of records of “any interview, report, investigation, or testimony.

Here, the appellate court found redacted documents that didn’t contain confidential information relating to the parties’ children’s medical care, nor otherwise support the court’s concern for the best interests of the children.

The documents also did not refer to a child of either party, and they didn’t provide sufficient information to identify any specific other child. At best, redaction merely protected R. Kelly from embarrassment, which is an impermissible basis to withhold material from the public.

In light of the strong public policy in favor of public disclosure of judicial proceedings, we therefore hold that the circuit court abused its discretion in redacting paragraphs 26-29 in the body of count II of the March 2014 motion, and the corresponding prayer for relief in count II.

The Reason article is here.

*Photo credit Andrew Steinmetz

 

Divorce Waiting Periods

With quarantines loosening up around the state, there has been a constant stream of reports of couples filing for divorce. What if, after weeks in quarantine, you discovered you had to wait two years to divorce? Citizens of Pennsylvania are in for a surprise when their quarantine ends, as the governor has changed their waiting period.

PA Divorce 2

It’s Always Sunny in Philadelphia

In Harrisburg, Pennsylvania Governor Tom Wolf signed a new state law that reduced the divorce waiting period time after a no-fault divorce from two years to one.

Law 102, which will enter into force by 60 days, reduces the waiting period for a one-way divorce without errors from two years to one.

Marriage in Pennsylvania is a traditional divorce and two types of divorce without errors: mutual consent and a two-year separation. Separation simply means that you and your spouse live separately and individually, either under one roof or otherwise.

It is important to note that a one-year divorce waiting period does not necessarily mean that the divorce will be completed in one year. Proponents of the new law believe that it will reduce emotional pressure on families, which seems to worsen the two-year waiting period.

This new rule can save your spouse time, money, and emotional trauma. There is also a delay for people whose spouses disagree with the divorce.

Florida Divorce Waiting Period

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.

I’ve written about divorce and your rights before. Helping to expedite your divorce, the no-fault concept in Florida means you no longer have to prove a reason for the divorce. 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 also has a divorce waiting period of sorts, although it’s not as long as Pennsylvania’s.

In Florida, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage.

However, the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

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.

Back at The Office

From Pittsburgh to Scranton, residents across Pennsylvania will be heading back to the office. A shorter divorce waiting period makes life easier not only for those divorced couples, but also for their children. In a statement, however, Republican Tara Tohil from Lucerne County, who sponsored the bill, said the quickest solution was in everyone’s favor.

“A shorter waiting time helps solve the couple’s financial situation faster and at a lower cost so that they can take care of the well-being of their children,” she said.

Although Law 102 shortens the waiting period after separation from two years to one year, the actual date of separation is still an important factor that can determine many aspects of the divorce process.

The fact is that happy couples will not file for divorce using a simple procedure. After you file for a divorce in Pennsylvania without your fault, you and your spouse will have to wait 90 days from the date you filed the complaint about the divorce before you file 5a and 5b, declaring your consent to the divorce. Therefore, if both parties agree to a divorce and each of them submits an application to the court, the divorce process can be completed much earlier if neither side agrees.

Although an erroneous divorce is always possible, most Pennsylvania couples are perfectly divorced, which means that one spouse is not required to prove that the other has committed an offense. Both spouses must be available and ready to sign legal documents confirming that they agree to a divorce. Thus, the waiting time is only 90 days.

Lehigh Valley’s Morning Call 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.’

 

Divorce and Adultery May No Longer be a Thing and Good Coronavirus News

Is the coronavirus, SARS-2, SARS-CoV, Covid19 to blame? No one is sure, but British reports are showing far fewer married couples are listing “adultery” as grounds for divorce, according to new figures recently published in Britain.

Adultery Divorce Drop

Divorce Without Fault

The Sunday Times reported that the rate has dropped by more than half in a decade. According to the Office for National Statistics (ONS), it was used for 9,205 divorces in 2018, compared to 20,765 in 2008 and 36,310 in 1998.

A desire to avoid blaming the other person in a doomed marriage comes as a “no fault” divorce bill makes its way through parliament. Speaking to the paper, Sir Paul Coleridge – chairman of the Marriage Foundation – said:

“I think people are more grown up than they used to be and realize that a single act of adultery does not tell you very much about the cause of the break-up of a marriage. It may be a symptom of the problem, but my experience is that it isn’t the cause. The cause is the broken relationship, and the adultery arises out of it.”

According to the ONS, the most common grounds for divorce – used in half of all cases, compared to one in ten for adultery – is unreasonable behavior.

It comes as it was revealed that suspicious partners can order DNA ‘infidelity’ tests online to prove whether their other halves have really strayed.

The ‘evidence’ – such as underwear, bedding, condoms, cigarette butts, strands of hair or chewing gum – is sent off to a lab for analysis

The Sunday Times previously reported that one UK-based company is offering a £90 “semen detection test”, a £299 “gender” test to check if the sample is from a man or a woman, or a £500 comparison test to differentiate between their own sample and a “suspicious” one.

They also found a £60 “sperm detection kit” sold online – containing a solution that turns samples purple if semen is present – which is being sold as a way to catch a “cheating spouse”.

Florida No Fault Divorce

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.

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

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.

Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, “she (or he) is sleeping with a co-worker” doesn’t hold much traction in court any more.

When is adultery relevant in divorce in Florida? Although we are a no-fault state, there is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not as a reason for divorce.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves in the UK, there is a movement here to return to the old “fault” system to promote families.

Good News and the Coronavirus

  • Did you know that “2019-nCOV” was the initial name given for the virus?

But the name was hard to remember and was misleading, because it gave the misimpression that the virus was novel. It’s not. In fact, it’s the least novel of the respiratory disease-causing viruses. It’s defining feature is its NON-novelty!

  • Do you know how to kill the coronavirus?

Since it is an enveloped virus, it’s killed by soap/detergents, ethanol, Windex (which contains detergents), and bleach.

  • Do you know how long the coronavirus lasts on surfaces?

On steel and plastic, 10-fold drop in ~12 hours; On cardboard, about 1 hour; On a napkin, the survival should be like on cardboard or maybe lower, and the virus will get trapped by the paper fibers. That said, don’t wipe your mouth with a napkin that someone just handed you.

  • Does “social distancing” have any effects?

The R0 rate (“R zero rate”) refers to how contagious an infectious disease is. Preemptive hygiene enhancement and social distancing help reduce the average frequency and intensity of exposure to the virus, might reduce infection risk, reduce the average viral infectious dose of those exposed, and result in less severe cases who are less infectious.

  • Is there a cure for the Covid-19 disease?

Right now people are working on it. But thanks to earlier research, we may already have drugs with activity against it. For example, Remdesivir (Gilead) seems to work against SARS-CoV-2 in cells.

The Times article on adultery and divorce 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.

 

How to Discuss Divorce?

Forget about complex divorce legal issues, the talk about who gets what, and where you’ll live. This post answers a tougher question: how do you tell your spouse you want a divorce?

Discussing Divorce

‘We have to talk’

You’ve no doubt seen it in the movies when it’s shouted out in an argument: “I want a divorce!” But is there a right way to discuss divorce and to let your spouse know your feelings about them?

To say that telling your partner you want to discuss divorce is delicate is an understatement. It is an enormous decision, one that, when raised, will alter both of your lives forever.

Unless you want a big legal battle, or want to treat each other uncivilly forever, it’s in everyone’s interest to learn how to tell your spouse it’s over. So how do you deliver such life-altering news?

Timing is Everything

First, you want to choose a time to discuss divorce when your partner is emotionally ready. Avoid those times when they’re already stressed or emotional.

This is the sort of discussion in which it pays to be patient and remember that the announcement can wait until a moment when its impact will be the least damaging.

Florida Divorce

I’ve written about grounds for divorce before. Florida is a no-fault state, meaning you no longer have to prove someone was at fault for ending the marriage. This takes a lot of pressure off of the conversation about divorce.

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.

Knowing that in Florida no one has to be found at fault in order to file a petition for dissolution of marriage should help you and your spouse when you discuss divorce.

Location, location, location

Ideally, you want to discuss divorce in a private, quiet space. Avoid crowded restaurants, shopping malls, or even at home if the kids are in the next room or you have family and friends over.

Avoid phrases like, “You should have,” “You don’t,” or “You didn’t.” You also need to be honest about what you’re feeling and why you believe this decision is the right one.

If you’re in couple’s therapy, the therapist’s office might be a good location. The therapist can help create healthy boundaries moving forward which can prove invaluable when the going gets tough.

Avoid the Specifics

When you discuss divorce for the first time, there is no reason to get into specifics of how the divorce will work. You can leave out the parenting plan, or any other specifics. The emotional toll of discussing a divorce is tough enough, talking about the petty details of the process could be overwhelming.

If your partner is going to be surprised about the divorce and is going to be hearing about it for the first time, don’t talk about dividing the IRA, who should have the kids for summer, or the details of your new apartment.

You want to give the person time to digest the concept, show emotion, and ask questions. Don’t make it worse by blaming the other spouse for their shortcomings.

Even if a divorce is more one-sided, chances are that neither party in the marriage is particularly thrilled about the way things have been going. With this in mind, it’s wise to open the conversation by laying the cards on the table.

The Fatherly article is here.