Blog of Steven N. Cole, LLC

Making Your Divorce Easier

25August
2012

Going through the divorce process is an emotional, stressful time in a person’s life, which is even made even more difficult when the divorce is a “bad” one.  According to one counselor and mental health consultant, Diana Dodson, divorcing couples need to learn how to have a more amenable divorce, especially when there are children involved.

Dr. Dodson states that it is difficult for divorcing couples to not have feelings of anger, getting even with the ex-spouse, blaming the spouse for the marriage problems, not accepting responsibility for the marriage break-up, denying problems exist, putting children in the middle, feeling like a failure or feeling rejected.  These things are, according to Dodson, some of the things we do and feel when we are in the middle of a divorce.  There are ways to feel better about your divorce, even if you are angry, frustrated or devastated by the divorce.

When you both are unhappy in a marriage, then it isn’t a good marriage and you are better off apart.  Don’t try to hurt the other person as this is very immature, and although you may think this will make you feel better, in the end you will probably feel ashamed of your actions.  Sitting down and talking to someone, whether it be a professional or just a friend, may help you come to terms with the divorce.  Before divorcing, you may want to try a trial separation to give you the time and space to decide if divorce is really is really the avenue you want to take.  Talking with a marriage counselor at this time could be beneficial in working out the issues in your marriage. 

One important point Dr. Dodson brings up is never putting the children in the middle in a divorce.  Do not use your children to get even, and do not say negative things about the other parent to your children as this could come back to haunt you as the children become older.  If parents can accept the divorce and come to terms with themselves, a divorce will not only be easier for them, but for their children as well.

Posted in Divorce |

Fears of Divorce May Be Keeping Young Couples From Marriage

21August
2012

In the United States today, the percentage of married adults has reached an all time low.  Researchers form the University of Central Oklahoma and Cornell University conducted a study, which was published in the December 2011 issue of Family Relations, into the diminishing rate of marriage by interviewing 122 people in cohabitating relationships.

By interviewing these people, the researchers found that 67 percent of these cohabitating couples had fears about the emotional, financial, social and legal consequences of divorce, and the worries of having to deal with the fallout of divorce,  made them leery of marriage.  The researchers found that middle-class couples had a more favorable view of marriage when compared to working-class people.   Middle-class couples also viewed cohabitation as a stepping stone to marriage.  Those who were more likely to have doubts about the “trap” of marriage, were lower-income women.  These women felt marriage would lead to more domestic responsibilities with, basically, very few benefits, and also felt that it might be difficult to end the marriage should the relationship fail.

Many working-class cohabitating couples had the opinion that marriage was “just a piece of paper”, and would be no different than their current relationship.  Another fear of these couples is they were afraid of becoming dependant on their spouse’s income and, thus, be unable to leave a bad marriage.

A Pew Research Center study reported that just over half of adult Americans are married, which is the lowest rate in decades.  However, these low rates are due in part to people marrying later and the rise of cohabitation.  This study does point out the fear of divorce does weigh heavily on the minds of cohabitating couples, and these couples tend to delay or avoid marriage.

The findings in these studies, researchers say, could help premarital counselors devise lessons that address the specific concerns and also ease the fears of divorce for unmarried couples of all socioeconomic classes.

Posted in Divorce |

Pregnant Man Files for Divorce

18August
2012

Arizona is a state that does not allow same-sex marriage.  What happens when a man who was born as a woman, but had a sex change, though he still has female reproductive organs, marries, moves to Arizona, and then decides he wants to divorce his wife?  What happens is a judge questions whether the man’s marriage was legally valid in the first place.

Thomas Beatie is the man in question.  He is a transgender man who is now divorcing his wife Nancy.  Beatie was born as a woman in Hawaii,  had a sex change in 1998, but retained his female sex organs.  He and his wife, Nancy, were married as man and wife in 2003.  Both Beatie’s birth certificate and passport were changed to identify him as a man.

Beatie and his wife wanted children, but since Nancy was infertile, Beatie was the one who bore their three children.  Beatie made headlines when photos of him with a beard and pregnant belly were made public.

Although Hawaii recognizes Beatie as a man, Arizona does not because he still has female reproductive organs.  Beatie’s attorney, David Michael Cantor stated that  Hawaii said it was okay,  the marriage was valid, but “who is Arizona to say, well, we’re going to ignore one of the other 49 states and say this is not a valid marriage?”  This is new territory for Arizona and Cantor is fighting to have the marriage recognized.  If the marriage is not recognized, Beatie will not have to pay spousal maintenance, but this is something Beatie does not want.  He wants not only his marriage validated in Arizona, but wants to be recognized as a male, as well.

According to TMZ, the judge in the case argues that since Arizona doesn’t recognize gay marriage, he does not have the authority to divorce a couple that, in his opinion, were never married in the first place.  Whatever decision the judge makes will set precedent in Arizona over transgender marriages.

Posted in Divorce |

California Law to Allow Multiple Parents

14August
2012

A bill that would bring California into the 21st century, according to its sponsor, has passed the State Senate and is now awaiting a vote in the State Assembly.  SB1476 sponsored by Senator Mark Leno, D-San Francisco, would allow children to be legally given more than two parents.

Senator Leno states that his bill would bring California into the 21st century by acknowledging that complicated family situations exist.  “There are more than Ozzie and Harriet families today,” he says.  Senator Leno said he realized the current system had a problem last year when he read about a court placing a girl in foster care after her legally married lesbian parents were unable to care for her.  When one mother was placed into prison and the other mother was hospitalized, the court was not allowed to appoint the girl’s biological father as a legal parent, even though he had a relationship with his daughter. 

Leno’s law would require that all parents qualify under all legal standards and agree on custody, visitation and child support before a judge could divide up responsibilities.  Three other states, Pennsylvania, Delaware, Maine and the District of Columbia, already have laws on the books recognizing more than two parents.

Not all are happy with this proposed bill.  Glen T. Stanton, Focus on the Family member, feels the bill appears to advocate for children, but is actually a tool to allow adults to create what he calls “Radical Families.”  He states that “this bill will only take us farther down the trail of more ‘experimental families’ and says that children are best cared for by one mother and one father. 

Whether this type of legislation will be sponsored in Arizona and other states in the near future, only time will tell.

Posted in Family Law |

Money Woes Weaken Marriages

11August
2012

Research has shown that low-income couples are less likely to marry and more likely to divorce than couples with more money.  According to researchers at the University of California, money problems, drinking and drug use is the cause of this trend.  However, researchers say that lower income people value the institution of marriage as much as those with greater incomes.

A study which was published in the Journal of Marriage and Family, suggests that efforts to strengthen marriages of lower-income people need to focus on the problems faced by these people instead of just promoting the value of marriage.  In the study, co-authors Thomas Trail and Benjamin Karney surveyed 6,000 people in Florida, California, New York and Texas, with an average age of 45, and found that people with lower incomes were less likely to approve of divorce and more likely to value the economic aspects of marriage, which included both the husband and wife having good jobs.

The research showed that people with lower incomes do value marriage as an institution and have similar standards for choosing a marriage partner, and also experience many of the same problems that more affluent couples go through.  This research has proven, according to the authors of the study,  that our government needs to spend less money on initiatives that promote the value of marriage, and spend more money on initiatives that take into account the social issues of lower income people and how they negatively affect marriage in this demographic group.  By realizing how these social issues affect marriage,  researchers feel that lower income individuals would have a more positive outlook on marriage, and those couples already married, would take those steps necessary to create a more successful marriage.

Posted in Divorce |

Stevie Wonder Files for Divorce

7August
2012

A child prodigy who became one of the most creative musical figures of the 20th century, has filed for divorce.  Stevie Wonder filed for divorce  from his wife of eleven years, Kai Miller Morris.  The divorce papers were filed this week in California, though the couple has reportedly been living apart since 2009. 

Wonder was born May 13, 1950, as Stevland Hardaway Judkins, and had his name later changed by his mother to Morris.   Wonder has been blind since shortly after birth, after being born six weeks premature with the condition of retinopathy of prematurity, which causes the retinas of the eyes to detach.  He learned to play musical instruments at an early age, including the piano, harmonica, drums and bass.   He also sang in his church choir when he was a child.  Ronnie White of the Miracles was the one who introduced Berry Gordy of Motown Records to Wonder.  After hearing Wonder, Gordy signed him to a record deal in 1961 at the age of eleven and Wonder has had many musical hits over the years.

According to court documents, Wonder married Morris in 2001, and they have two children together.  Wonder cited irreconcilable differences as the reason for his divorce, and has requested joint custody of his sons.  He has also agreed to pay child support and alimony to his soon to be ex-wife.

This could become a complicated and highly contested legal battle because they are divorcing in California, a community property state.  Under California community property laws, any assets earned during the marriage are divided evenly among the spouses, regardless of which spouse earned them.  This law, however, only applies to money earned while the couple was living together with the intention of remaining married.  For the three years the couple has been apart, any assets earned may not be included in the community property division.  It will be difficult to prove when specific funds were earned and also if, even though the couple was separated, if they intended to remain apart or reunite.

Posted in Celebrity Divorce |

Divorce Counseling

4August
2012

With the divorce rate hovering around the 50 percent mark in the United States, more couples are turning towards counseling to help cope with divorce.  Divorce counseling, also called divorce therapy, is a fairly new concept in the mental health field, and is a therapeutic process for those who are either contemplating divorce, going through divorce or still suffering feelings of pain or humiliation from a divorce.  A divorce counselor can assist in helping an individual grow personally and adjust to life during and after divorce.

When you begin to think your marriage is heading in the wrong direction and you feel you need to share your feelings of sorrow, grief or anger with someone, that’s a good time to look for an experienced divorce counselor.  An experienced divorce counselor helps you understand your reactions during and after the divorce process.  Not only can a counselor help you share your reactions and express your feelings in the best positive manner, he can help in identifying your feelings related to your spouse, family members and even the institution of marriage itself.  By teaching individuals and couples to manage anger, frustration, feelings of loss, and by assisting in strengthening communications and negotiation skills, counseling can either help a couple contemplating divorce work through their problems and make their marriage work, or assist the couples who decide to divorce, go through a divorce with more amicable feelings. 

When looking for a divorce counselor, always choose a licensed mental health professional, which will help ensure they have the necessary education, qualities and experience to practice in the state in which you reside.  You also need to make sure you are comfortable talking with a counselor, and choose one who you will feel at ease sharing your feelings and personal life without any hesitations.  When you have chosen well, your divorce counselor will help you end your marriage with dignity and respect.

Posted in Divorce |

How Divorce Will Affect Your Medical Insurance

31July
2012

One of the benefits of getting married, is sharing things with your new spouse,  Instead of two rent payment to make, there is only one rent payment.  The same is true of cable, electricity, gas and water bills.  Married couples benefit from sharing legal and  financial assets and health and insurance policies as well.  When a couple is married and both are working, couples usually cover one another under the better health insurance policy.

When a couple files for divorce, they split up their assets.  However, there are some assets they have enjoyed during their married life, that cannot be split, and one of those assets is health insurance.

When a couple is going through a divorce, the spouse that is covered by his or her soon to be ex-spouse’s health insurance, needs to contact the human resources department of his or her company as soon as divorce proceedings begin to start the process of obtaining health coverage under the company.  Once divorced, you no longer can remain under your ex-spouse’s health insurance.  Any children in the marriage can still be covered under the other parent’s insurance policy.  A non-employee spouse may be able to obtain COBRA insurance after a divorce, but this type of insurance only lasts up to 36 months.

Although a divorcing individual may be able to obtain COBRA health insurance, they are encouraged by divorce professionals to obtain health insurance as soon as possible because, should a major health problem develop during the divorce proceedings, a new insurance company may charge a higher premium or may deny coverage as well.

When going through a divorce, it is very important to discuss health insurance and any other issues with your family law attorney, so that he can determine the best way to ensure that your health is covered during and after the divorce.

Posted in Divorce |

Prenuptial Agreements, Not Just for the Wealthy

28July
2012

For many years ,prenuptial agreements were mainly for the wealthy as a means of protecting their fortunes.  However, today prenuptial agreements are not only for the wealthy, but for all couples who plan to marry and plan ahead.

A prenuptial agreement is a contract between a couple written before the couple marries which states how to divide up the assets in the event that the marriage ends in divorce.  Perhaps some may think that if a couple is entering into a marriage with this type of thinking,  the marriage may be predestined to fail; however, this has been proven to be false. 

When two people start dating and become a serious couple, business and financial arrangements are not at the top of their marriage plans.  Nevertheless, by planning ahead and having a pre-nup, a couple actually learns about his or her future spouse’s finances and also helps the couple prepare for future financial problems that may arise in the marriage.  The matters covered in a prenuptial agreement, not only cover such items as cash and belongings, but also debt, businesses, and children from a former relationship.  By laying everything out in the open before the marriage, there will be no surprises in the future.

Prenuptial agreements are not a recent development in the United States.  In the past when a woman married, all of her property transferred to her new spouse, and if she did not have an agreement before marrying, she had the chance of losing everything should the marriage fail.  Before The Married Woman’s Property Law of 1848, a woman not only lost any right to control property that was hers prior to the marriage, but had no rights to acquire property during her marriage as well.  The law passed in 1848, and gave women the rights to control property that was theirs before a marriage, and to keep ownership of that property, too.

Arizona law defines a prenuptial agreement,  also known as antenuptial agreement, as “an agreement between prospective spouses that is made in contemplation of marriage and is effective upon marriage.”  These agreements must be in writing and must be signed by both parties and become effective upon the marriage of the parties.

If you are contemplating entering into a prenuptial agreement, it is important that both parties obtain legal advice, as the agreement needs to be consistent with state law or it can be overturned.  An experienced Arizona Family Law attorney can point out the potential benefits and disadvantages of signing a prenuptial agreement.

Posted in Prenuptial Agreements |

Women Increasingly Paying Alimony to Their Ex-Husbands

24July
2012

In past years, when a couple divorced, it was very rare for a woman to pay alimony to her ex-husband.  Recently, though, the tables have turned in this country’s divorce courts and as a result, more women are paying their ex-husbands alimony and child support than ever before.

When a woman who divorces makes more money than her husband, she will be expected to pay more in child support and, in some cases, will even be paying alimony to her ex-husband.

The American Academy of Matrimonial Lawyers stated that 56 percent of divorce lawyers across the United States have seen an increase in mothers paying child support in the last three years, and 47 percent have seen a hike in the number of woman paying alimony.  Alton Abramowitz, the president-elect of the academy, said that “women have really moved up financially and that in many instances they are the major breadwinner in a lot of families.”

Abramowitz said the gender switch in alimony payments is just one of the many changes he has seen during his four decades as a lawyer. “When I started practicing law in 1973, there was no equitable distribution of property,” he said.

According to Abramowitz, more and more women have taken over the financial responsibilities and have been saddled with them as well.  In the past, men complained about paying alimony to their former wives, and now today, women complain about having to pay alimony to their former husbands.

The trend of women paying alimony goes hand in hand with career gains won by women in recent years.  Today, men and women now receive medical degrees at equal rates, and the number of women earning law degrees has gone up by nearly 100 percent, too.  One light at the end of the tunnel for women paying alimony, is that the alimony, in most cases, will only be paid until the ex-spouse gains the education and skills necessary to be financially independent.

Posted in Uncategorized |