Tag: Divorce No Fault

Devil’s Tower: Return to a Fault Based Divorce

Is divorce too easy? Some South Dakota lawmakers are trying, but recently failed in their effort, to pass a bill that would have eliminated no fault divorce, removed a common reason used by married couples seeking divorce, and make the whole process more difficult.

Devils Tower Divorce

The Mt. Rushmore of Divorce Law

Under South Dakota law, a divorce may be granted for any of the following grounds: adultery, extreme cruelty (including bodily injury or grievous mental suffering), willful desertion, willful neglect, habitual intemperance, conviction of a felony, chronic mental illness or irreconcilable differences.

South Dakota, unlike Florida, recognizes both “fault” and “no fault” divorces. A “no fault” divorce cites irreconcilable differences as the reason for the divorce.

Irreconcilable differences are defined as those determined by the court to be substantial enough reasons for not continuing the marriage and make it appear as though the marriage should be dissolved.

According to South Dakota sources, a Rapid City legislator introduced a bill to remove the grounds of “irreconcilable differences” as a legal reason for couples to get divorced.

In divorce court, irreconcilable differences are the most common in South Dakota. Irreconcilable differences are a way to have a no-fault divorce, and allows a couple to decide that the marriage isn’t working and ask a judge to dissolve the union for no other fault.

But the politician behind the bill said that making divorce harder to get was the point of his legislation: Divorce has gotten to be too easy, and married couples are giving up on their matrimonial contracts.

The result, he said, is that people are throwing each other away, leading to poverty and depression among children whose parents divorce. “How is that helpful to society?”

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.

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 husband’s alleged infidelity with a congresswoman. 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.

Avoiding the Badlands

Opponents of the South Dakota bill to make divorce harder included Robert Riter, representing the South Dakota Bar Association, and Steve Siegel, representing the South Dakota Trial Lawyers Association.

Siegel noted that removing irreconcilable differences would require couples to cite one of the six remaining reasons. Those include adultery, extreme cruelty and habitual intemperance. Those reasons would require couples to go to trial, forcing costly and contentious showdowns.

It’s going to force parties to air their dirty laundry in a public forum.

Riter said that the system of divorce law that existed when he started practicing law was worse before irreconcilable differences was added by the Legislature in the 1980s. He noted that other states have similar provisions.

“We’re not an island on this at all,” Riter said. “Society has decided that there ought to be opportunities for parties to agree that the marriage cannot be preserved.”

Tony Monnens, a farmer from Hazel, testified that his wife of 43 years filed for divorce last year after a head injury caused memory loss, which resulted in him losing a job. He said that divorce is too easy.

This thing is the absolute destruction of the family unit as we know it today.

South Dakota’s Argus Leader article is here.

 

Separate Beds to Prevent Divorce

Separate bedrooms may not be the most romantic idea, but couples who sleep together in the same bed are more likely to suffer snoring, tossing, turning and other nocturnal disturbances. These sleep disruptions can lead to health problems, sexual dysfunction and even fights. The idea of separate beds to prevent divorce might be something to sleep on.

Sleep Divorce

Did Lucy and Ricky Have it Right?

Should we return to the “I Love Lucy” days of separate beds? The idea is gaining fans. The more secure partners feel in their relationship, the more comfortable they tend to be with the idea of sleeping separately.

“Happy, long-term couples are more inclined to have well-developed communication skills and patterns, which are key to making separate sleeping arrangements work.”

A 2016 Paracelsus Private Medical University in Nuremberg, Germany, showed that sleep issues and relationship problems tend to occur simultaneously and that a partner’s sleepless night caused by snorting and other disturbances can result in conflicts in the relationship the next day.

In fact, a 2012 survey by the Better Sleep Council showed that one in four couples sleeps separately for a better night’s sleep. Yet 46 percent of Americans polled last year said they wished they could sleep apart from their partner.

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. 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. This means you no longer have to prove a reason for the divorce, like loud snoring. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

In Florida no fault laws have reduced the number of sleep-deprived couples who felt the need to resort to exaggerations about loud snoring, lies about nocturnal kicking, and other false allegations about husbands in trial testimony.

Separate Beds & Counting Sheep

Some say that gender also plays a role. “It’s usually the wife or girlfriend who favors the idea of separate beds. Women are more sensitive to their bed mate’s bad habits and pregnancy and hormonal changes or problems can cause them to want to sleep alone.

The his-and-her bedroom backdrop from “I Love Lucy,” in the 1950’s, might have been one of the first times many saw a married couple in separate beds, but it is not an unusual concept for happy sleeping.

“We started sleeping separately when I was pregnant with our first child. I would toss and turn and not get enough sleep, so on occasion I would sleep in the spare room,” said one 41-year-old woman from Brisbane.

“Once I was pregnant with our second baby, one of us would sleep in the spare room to ensure we both got a good night’s sleep,” she said. “My husband’s snoring and blanket-hogging frustrated me when I was very tired and I would sometimes wake him up to tell him to stop, which of course he didn’t appreciate. It wasn’t until years later that it became more routine.”

Separate sleeping arrangements can include pairing side by side beds of similar size, having a smaller plus a larger bed in the room that the couple could share when they want to be intimate, or designating nights in a spare room. Separate bedrooms are another option.

Being open and honest with your partner about why you want to sleep separately is essential. “What’s equally as important to why you want to sleep apart is how you plan to ensure intimacy is retained in the relationship.”

Healthy couples who sleep separately can be as happy as healthy couples who sleep together. “They seem to have as good a sex life as couples who share the same bed. They feel very close to their partner. Maybe it’s because they respect each other’s personal space.”

For couples not ready for separate sleeping domains, a happy medium could be met with the right sleep solution. Investing in an adjustable mattress that accommodates both partners sleeping needs or pushing together two separate mattresses can help solve conflicts while still allowing a couple to remain close.

The New York Times article is here.

 

Divorce Infidelity and Gender

With one in five British adults admitting to cheating on their partners, monogamy is clearly not as straightforward a concept for some as it is for others. Could the impact of an affair differ based on your sex? Divorce, infidelity and gender is the topic of a recent report from England.

divorce infidelity and gender

Seven Year Itch

As the Independent reports, divorce, infidelity and gender studies have revealed that men may have a greater tendency than women to go ahead with or contemplate committing adultery in heterosexual relationships.

In fact, recent research has shown that they can be less forgiving than their female counterparts when considering divorce on account of infidelity. New research conducted into behavioral patterns that can lead to divorce, coming to illuminating conclusions about the impact of adulterous conduct on marital bliss.

According to the findings, almost a third of divorces occur when men and women have forgiven past wrongdoings but have finally “run out of patience.”

This bad behavior refers to a number of issues, including adultery, financial problems and substance abuse. Interestingly, some people are finding that women are more likely than men to try to salvage a broken marriage, despite their partner’s unfaithfulness.

Florida Divorce and Infidelity

I’ve written about divorce infidelity and gender issues before, but not specifically how men and women differ in the impact of an affair. One reason is that in Florida, we have no-fault divorce laws. No-fault divorce 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.

Indecent Proposal

Adultery can be the cause of a divorce, but can divorce, infidelity and gender 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.

Unfaithful

According to the Independent, researchers were surprised time and again by the ability of some men and women to almost turn a blind eye to their partner’s misbehavior.

However, the cases show how many people in such a situation find their patience ultimately exhausted, usually when the misconduct becomes too difficult for themselves and others to ignore.

“In some cases, that means being told by friends and relatives about extra-marital affairs which they were already aware of or discovering the true extent of a spouse’s financial difficulties and learning that they impact on a business as well as at home.”

On the other hand, the odds of men tolerating their wives’ dishonesty are far lower than the other way around.

Fatal Attraction

In Britain last year, the Office of National Statistics stated that the number of women petitioning for divorce against their husbands as a consequence of their spouses’ misconduct had decreased by 43 percent since 1996.

Meanwhile the number of men divorcing their wives for the same reason had increased by approximately by a third.

Some speculate that the main reason why men and women are willing to give their marriages another go is due to the negative effect separating will have on their children.

Divorce, infidelity and gender studies are surprising people in how different genders react. Arguably the principal factor in staying together is a desire to remain married for the sake of their children. Once those children have left home, a number of unhappy parents decide to take advantage of what they regard as an opportunity to leave a troubled marriage.

The Independent article is here.

 

Fault, Adultery, and Divorce

No-fault divorce has been a part of American law for decades. We forget that the law is not universal. In some countries you have to prove adultery or other fault to divorce. That’s the case in England but the law may change if a new bill passes Parliament.

Adultery DIvorce

Faulty Towers

Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking divorce must prove fault through adultery, desertion or unreasonable behavior.

If both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Former Conservative British Member of Parliament and now  Secretary of State for Justice, David Gauke, wants to reform the law in England. So far, responses received by the Ministry of Justice showed widespread support for the initiative.

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.

Fault Lines

Demands for change mounted after a case was decided last year; a case which I wrote about at the time. The English supreme court ruled last year that a woman could not divorce her husband until a period of five years had elapsed. The Labor Party in England has also supported changing the law, which has remained unaltered for nearly 50 years

No-fault divorce was first introduced by the Family Law Act of 1996, but its provisions were later deemed unworkable and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities.

There should be no law in our society that traps one human being into being married to another when they long to be free of them. That is just another form of slavery.

The Independent article is here.

 

Divorce Dress Code?

There are a lot of curious family laws around the world, but a divorce dress code? One of the most peculiar laws comes from the African nation of Ghana, where divorce is permitted on one condition: the parties attend divorce court dressed the way they dressed at their wedding ceremony.

Divorce Dress Code

This is your Ghanaian Divorce

According to viral news reports – from such trusted sources as the internet – citizens of Ghana are allowed to divorce but only if they attend court dressed the same way they dressed at their wedding; with wedding gowns and tuxedos.

This condition creates very humorous situations in the so-called “Divorce Rooms”, where Ghanaians must go if they want to end their marriage.

In other African countries like in Togo, to be able to divorce, first you must go to your mother-in-law and explain your reasons for divorce in the hope you can receive her approval. Togo today may have a 0% divorce rate.

Florida Divorce

The official term for divorce in Florida is “dissolution of marriage”, you don’t need to show fault, and you definitely don’t have to wear your wedding gown.

Instead, you need to prove you have been a resident of the State of Florida for more than six months before filing your petition and be able to state under oath that your marriage is “irretrievably broken.”

Additionally, mental incapacity is grounds for divorce in Florida, but a court must determine one of the spouses to be incompetent after an examination by a committee. If there is a declaration of mental incapacity, there is a three-year waiting period.

While there are no dress codes in Florida, I’ve written about how you should dress in court before. For example, and as one couple painfully learned, don’t come to a custody hearing wearing your Nazi uniform. You should instead dress in a neat and professional manner.

Meanwhile in Nigeria…

Sure, the Ghana divorce dress code story is fake news. But the idea of dressing appropriately for court is a universal concept. It shows respect for yourself, your children, the court, and the people who labor in it.

In other news, it appears a Nigerian man really did marry his guitar in a ceremony in Lagos. Harris Best shared photos of himself and his guitar – which he dressed in a white wedding gown – on his Twitter account. He took other musical instruments to the wedding venue at Aguda Local Council Development Area in Lagos.

The PM News article from Nigeria is here.

 

Divorce in a Fortnite

Are too many pro athletes playing Fortnite? Is Fortnite addictive? Has Fortnite caused hundreds to divorce? This Christmas, many people are asking those very questions as everyone settles into play their holiday gifts.

Divorce Fortnite

Launch Pad

According to the Independent, numerous reports – published by just about every news major news organization – have recently claimed that some 5% of divorces are being caused by the online game.

The sources can all be traced back to one website called Divorce Online, which provides tools to people who are splitting up and need legal advice. And that pointed to some numbers that make clear that the story might not be all that it seems.

In fact, what actually happened is just a standard and depressing break down of relationships because of an addiction to online games. And the recent reports about Fortnite appear to be just a consequence of something being too good – or bad – to check.

All of the reports originated with that post on Divorce Online. Its headline read “Is Fortnite becoming a relationship wrecker?” and it went on to say that the site had dug into data generated about the people who were using its services.

“The company has done some data mining after seeing an increase in enquiries where Fortnite has been mentioned as part of the reason someone wanted to file a divorce”.

“It has received 200 divorce petitions since January 1st 2018 where addiction to Fortnite and other online games has been cited as one of the reasons for divorce.”

Many took that sentence and wrote stories suggesting that 200 divorces this year had been caused by Fortnite. But if that seems like a high number, it’s because it probably is: that “and other online games” is doing a lot of work, allowing the site to tie the news to a game that is famous but which might not have been cited in those divorces, which were actually about games in general.

Florida No Fault Divorce

Whether Fortnite is the reason for a marriage going bad or not, is largely irrelevant in getting a divorce in Florida. That’s because Florida has enacted a “no-fault divorce” law.

I’ve written about the no-fault concept before. The official term for divorce in Florida is “dissolution of marriage”, and you don’t need to prove some kind of fault as grounds for divorce. Florida abolished fault as a ground for divorce.

In Florida, 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 before filing the petition, and the marriage is irretrievably broken.

However, fault may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility.

Battle Royale

Digging into the numbers, Divorce Online gave absolutely no indication how many of those divorces were caused by Fortnite itself. So possibly fewer than 200 divorces were caused by the game. Possibly, the other divorces were caused by other games.

More likely, the numbers reflect digital addiction in general. “These now include online pornography, online gaming and social media, so it is no surprise to us that more and more people are having relationship problems because of our digital addictions,” the site wrote in quotation attributed to a spokesperson.

“Fortnite is all over the news right now as one of the most addictive digital games ever played”.

The Independent article is here.

 

Turkish Delight

Another fault-based divorce ruling comes from Turkey’s Directorate of Religious Affairs, which issued a fatwa stating that if a man refers to his wife as either “mother” or “sister,” their marriage will be deemed divorced. What is no-fault divorce?

A Real Turkey

According to Turkey’s Hurriyet newspaper, if a man tells his wife that he sees her as a mother or sister, the man will be considered divorced from his wife.

However, if they have not divorced before, they may come together with a new marriage,” it said.

If a man says those things or other phrases like “I divorce you”, “You are not my wife”, “Be free”, “Go off”, or “Go to your father’s house” to his wife with the intention to divorce, the divorce has taken place in terms of Islam, even if it is sent by SMS or by e-mail.

Previously, the Diyanet, the Turkish Religious Affairs Directorate, had issued a fatwa on divorce, stating that couples may get divorced via telephone call, fax, letter, text message or internet.

Turkey’s preeminent religious authority has a long track record of issuing other interesting fatwas. For example, in November, the Diyanet declared the digital currency bitcoin “inappropriate at this moment in time.”

Then it issued a fatwa on hair dye for men, followed by a prohibition on purchasing national lottery tickets. Several days later, it warned against “immoral music.”

Florida No Fault Divorce

I’ve written about no fault divorces before. Historically in Florida, in order to obtain a divorce in Florida, one spouse had to prove the existence of legal grounds such as adultery.

Proving fault often required additional expenses on behalf of the aggrieved party, only serving to make the divorce process more expensive and cumbersome than it already was.

In the years leading up to the enactment of “no-fault” divorce, courts often granted divorces on bases that were easier to prove, the most common being “mental cruelty.”

Over time, the “no-fault” movement expanded to other states, although interestingly it only reached the typically progressive state of New York in 2010.

The Triple Talaq Divorce

Islamic countries have been convulsing lately with the divorce concept of “triple talaq.” Turkey’s Diyanet issued a similar fatwa. According to Hurriyet:

Divorcing your spouse by saying ‘talaq’ three times via phone call, letter, SMS, internet and fax are as valid as saying it to their face. However, in this situation, the husband should not deny the divorce.

If a woman is divorced through written methods such as a text message or letter, she should ensure that the message was sent by her husband.”

The religious body, Diyanet, has no power under Turkish law to issue a divorce. Civil courts grant separations under the 1926 Turkish civil code law. However, Turkey has become increasingly religious over the past several years.

The institution serves the Prime Minister’s office, is responsible for the appointments of personnel at mosques, drafts centralized sermons read at all mosques, and issues fatwas.

Critics argue that the Diyanet is against the impartiality required of a secular state, and that it promotes only one understanding of Islam in Turkey and abroad.

The Hurriyet article is here.

 

Does Size Matter in Divorce?

A Saudi Arabian woman has proven that height is important in matters of the heart after she filed to divorce her husband, citing his short height. The Saudi divorce filing raises the question of fault in divorce, and of course, does size matter?

According to Gulf News, the woman told the endowment department in Al Qatif that she wanted to be separated from her husband of seven months, saying:

she could no longer withstand the mockery and shocked looks of her friends because he was too short for her.

She added that the shocking attitudes by strangers in public when they remarked how she was towering over her husband made her feel painfully uneasy and distressingly uncomfortable, Saudi daily Okaz reported.

Florida No Fault Divorce

The Saudi Arabian case is interesting for Floridians interested in filing for divorce because granting divorces only in limited circumstances, by proving fault like being to short for instance, has become very foreign to Floridians.

I recently returned from speaking about international divorces at the prestigious, Florida Bar/AAML Certification Review Course in Orlando. I’ve also written about no-fault and fault standard divorces around the world.

Florida is a no-fault state. 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.”

Many people argue that the introduction of no fault divorce is the reason the United States has a high divorce rate. In fact, many people think so, and want to return to the old “fault” system to promote families.

Saudi Divorces

The number of divorce cases in Saudi Arabia has exponentially increased in recent years. According to Saudi Open Data, 35,000 divorce cases were reported in 2015, and 40,000 in 2016.

Experts believe that divorce rates have gone up by around 50 per cent this year from last year. According to the General Authority of Statistics, currently one in five marriages end in divorce.

The recent divorce about being too short though, has got to be among the most peculiar the Saudis have received. Most Social media users condemned the move by the young woman, blaming her for accepting to marry him when he proposed.

The few who supported her said she was right to ask for the separation, arguing that her uneasiness was not a matter of days that could be overcome with patience, but of a lifetime.

Does Size Really Matter?

According to a study by New York University published last year, researchers found that height might affect “more than just a man’s suit size.”

The study concluded that:

“short men married later in life than average or tall men, but were 32 per cent less likely to divorce. They were also more likely to marry less educated and younger women. Once married, they did less of the housework and earned a much higher income than their spouse.”

According to the findings, tall men married sooner in life, but were more at risk for divorce later on, as shorter men had more stable marriages. Tall men were also more likely to marry women closer to their age, and who were better-educated.

The researchers argued that “from the perspective of relationship exchange models, this indicates that the tallest men exchange their attractive attribute (height) for better-educated spouses, while short men are unable to do so.”

The Gulf News article is here.

 

No-Fault Divorce at the White House

Anthony Scaramucci, the White House communications director, had an explosive first week on the job. His Wife filed for divorce in New York, and his new boss, White House Chief of Staff divorced him from his job. Does fault play a role in divorce?

Anthony Scaramucci is so explosive, President Trump removed him from his new role. President Trump! The news of his ouster, at the hands of John F. Kelly, a new chief of staff tasked with instilling order in the West Wing, followed a particularly chaotic weekend in Mr. Scaramucci’s personal life.

On Friday, The New York Post reported that Mr. Scaramucci’s wife, Deidre Ball, had filed for divorce while pregnant with the couple’s second child, a boy born last week.

In an interview on Sunday, Jill Stone, who is representing Ms. Ball, confirmed the divorce filing, but said it was not caused by Mr. Scaramucci’s decision to work for Mr. Trump.

“It has nothing to do with Trump,” Ms. Stone said.

Mr. Scaramucci’s devotion to Mr. Trump is well documented, and he is thought to be the catalyst for two high-profile departures since his arrival: Sean Spicer, the former press secretary, and Reince Priebus, the White House chief of staff.

Ms. Stone, who may have been invoking a bit of wishful thinking when it comes to this White House, added, “Honestly, it’s a private matter, and she’s hoping that it just dies down.”

Florida No-Fault Divorce

I’ve written about Florida No-Fault Divorce before. 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.”

But is no fault divorce the reason the United States has a high divorce rate? Many people think so, and want to return to the old “fault” system to promote families.

Despite the attack no fault-divorce laws are under, no fault laws exist in all 50 states to make it possible for one party to get a divorce without proving any bad behavior took place, and without getting the permission of the other spouse.

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 are 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.

Back at the White House

The week of his son’s birth in New York coincided with his first week in the White House, and Mr. Scaramucci remained in Washington with the president.

On the day his son was born, Mr. Scaramucci, 53, traveled aboard Air Force One with Mr. Trump, and then watched as the president delivered a politically charged speech to thousands of Boy Scouts in West Virginia.

The couple, who married in 2014, worked together at SkyBridge Capital, the hedge fund business founded by Mr. Scaramucci. It was the second marriage for both.

The New York Times article is here.

 

Texting and Divorce

A wife in Taiwan was recently granted a divorce from her husband, who she accused of ignoring her — and her unanswered text messages were a key piece of evidence. Ghosting, as it is called, is a way of ending a relationship by ignoring communications.

Ghosting

In the Taiwan case, the wife sent her husband messages via the Line app for six months. The messages were marked as read — meaning he presumably opened and read them — and yet the wife rarely, if ever, got a reply.

At one point, the wife sent her husband messages saying she was in the emergency room and demanding to know why he wasn’t answering her messages.

The judge in the Taiwan family court saw the unanswered messages (and the terse, unemotional replies the wife did occasionally get) and concluded the wife had enough grounds for a divorce:

“The defendant did not inquire about the plaintiff, and the information sent by the plaintiff was read but not replied to. The couple’s marriage is beyond repair.”

Divorce

Florida abolished fault as grounds for filing a divorce. I’ve written about no-fault divorces in Florida before. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” But is no fault divorce the reason the United States has a high divorce rate? Many people think so, and want to return to the old “fault” system to promote families.

The divorce process is really no mystery. If you or your spouse has decided to file for divorce in Florida, at least one of you must be a resident of the state or a member of an armed force stationed in the state. Proving fault, of course, is not required.

Divorce is called a “dissolution of marriage” in Florida, and begin when you or your spouse files a “Petition for Dissolution of Marriage” with the circuit court. Any assets and debts amassed during the marriage, referred to as “marital assets,” will be divided “equitably”. Assets you had before marriage may be considered “non-marital assets”. Judges will divide marital assets equally, unless there is a basis for unequal distribution, and your non-marital property is set aside.

Alimony is an extension of the obligation for spouses to support each other financially during the marriage. In Florida, a court can order alimony, and will look at statutory factors such as the standard of living during the marriage; the length of the marriage; and the age and physical condition of each spouse.

If children are involved, the court will also make a decision based on what is in the “best interests” of the child. Unless there is a reason that it would be detrimental to your child’s upbringing, the court will grant shared responsibility.

Additionally, the court will calculate your child support based on our statutory guidelines that attorneys use to properly calculate the child support needed for a child and how much each parent has to pay.

Answer Your Texts

The dissolution of marriage procedure, once it is completed will change your taxes. Property transfers, the taxability of alimony payments, allocating the federal; dependency deduction for children may all have tax impacts. Working with an accountant and lawyer will help you avoid costly mistakes.

Answering your spouse’s texts might also help.

The NextWeb article is here.