According to the American Academy of Matrimonial Lawyers, divorce attorneys are seeing an increase in technology use by feuding couples. Some attorneys argue, though, that use of electronic data, social networks and even spy gadgets leads to heated emotions and the desire for revenge. Couples who pursue their split via collaborative law, on the other hand, feel much less of a need to engage in such deceptive tactics.
]]> In Texas, collaborative law is an option for divorcing couples that want to avoid the contention and strife that can plague those in a traditional divorce. Instead of focusing on which half of the couple wins, collaborative law seeks a win-win solution that benefits both parties.Collaborative law also prioritizes the interest of any children involved; something that techno-spying does not. One Texas father recently told ABC News that while on visitation with his young son, the boy informed him that his mother had sewn a small tape recorder into his clothing.
The man's ex-wife fired back in the media, saying the wiretapping allegation was unfounded and that she and her former husband were agreeing to dismiss it.
One divorce attorney who has worked on high-tech cases says that emotions can become so highly charged in a divorce that couples will ignore federal wiretapping laws or state laws against secretly recording in public.
Gathering evidence should always be left to attorneys no matter what type of divorce a person chooses. Collaborative law, though, emphasizes cooperating toward a positive outcome together, rather than fighting apart toward a lopsided result.
Source: ABC News, "Relationship Wars: Feuding Couples Use Spy Gadgets to Snoop," Jim Avila, Roxanna Sherwood and Melia Patria, May 14, 2012
]]>The Kardashian clan is well known for their relationships. Khloe Kardashian, Kim's sister, is married to Lamar Odom, who played pro basketball for the Dallas Mavericks. That duo recently made clear their commitment to avoid divorce, but for other members of the family, a formal split is unavoidable.
]]> Celebrity divorces, such as the one between Kardashian, a reality TV star, and Humphries, also a basketball player, can involve a host of confusing issues. From financial reviews to spousal maintenance to property division, a high asset divorce often requires specialized guidance.In all states, including Texas, family law attorneys with prior experience in high asset cases can best provide this extra layer of direction. Even when couples are married for a relatively short amount of time, the complications of a high asset divorce can convolute the process considerably.
Kardashian and Humphries tied the knot in August 2011 in a lavish spectacle televised on the E! network, which also airs the Kardashian reality show.
The couple played out their differences in front of a national audience last fall, when both Kardashian and Humphries appeared on "Kourtney and Kim Take New York." During the final episode of that series, Kardashian hinted at a divorce; she filed on Halloween.
Humphries fired back with a request for an annulment, claiming fraud in the marriage. However, his attorneys have requested more time to gather evidence proving this assertion.
Due to the many competing factors involved, a high asset divorce can carry heavy emotional weight as well. Kardashian's lawyers accused Humphries of letting his personal feelings interfere with the progress of their split.
Source: Seattle Post-Intelligencer, "Kim Kardashian wants divorce to move forward," Anthony McCartney, May 4, 2012
]]>As women transition from being part of a married couple to being single again, they will need a big support system. Friends are often willing and able to help, but sometimes don't always know what it is exactly that women going through a divorce need.
]]> In reality, a few seeming simple gestures can go a long way toward making the process better for everyone:Source: The Huffington Post, "What Do Divorcing Women Want And Need?" Paula H. Noe and Betsy Ross, May 9, 2012
]]>Scheduled to go to trial on April 24, attorneys for Decker and her estranged husband reached a last-minute deal the evening before. The next day, a judge approved the settlement details. In Texas, divorcing couples can reach a settlement through negotiation or mediation.
]]> Married in 1992, Decker and her ex-husband met at Harvard Business School. Yahoo! management promoted Decker to president in 2007. With a husband working at Montgomery Securities, an investment firm, Decker's family amassed a wealth of assets over the years.Such assets included over $70 million in stocks, cash, real estate and other holdings. Four residences, as well as a piece of land in Napa, complemented the couple's other property: motorcycles, boats and season tickets for the San Francisco Giants. The couple also amassed multiple golf and yacht club memberships.
Decker left the Internet search engine and news service in 2009, two years after her initial divorce petition in 2007. While married, they had three children together. The exes cited their children as the primary reason for agreeing on a settlement instead of proceeding to trial.
The duo's initial divorce activity, however, was quite dramatic, involving accusations of infidelity and drug use. A letter leaked to the press even accused Decker of electronically bugging one of their residences in order to spy on her then-husband.
As they've since reached a settlement, though, the pair will now work with their attorneys, and each other, to divide any property on which they have not yet reached an agreement.
Source: San Jose Mercury News, "Ex-Yahoo president, husband settle bitter divorce case," Gary Klein, April 22, 2012
]]>Legally recognized in Texas as well as five other states, virtual visitation is a sanity-saver when job changes or other circumstances force one parent to move away from his or her children. When considered during the collaborative law process, virtual visitation can help Texas parents avoid court as well as confusion and acrimony.
]]> While long-distance parenthood used to be virtually impossible, evolving tech trends have changed all that. Now, parents and their children can keep in touch via email, webcam or Skype, instant messaging, photo-sharing websites and the ubiquitous social networks that attract members of all ages.Statistics support the projected increase in virtual visitation laws. According to the National Center for State Courts, roughly one-fourth of the children of unmarried parents live in a different city than one of their parents. The center also reports that within four years of a divorce or separation, three-fourths of mothers will relocate.
Currently, twenty-two other states are moving to add virtual visitation to their list of laws on family issues. In states with virtual visitation laws, including Texas, family law judges are able to include virtual visitation to non-custodial parents.
However, despite its growing use and legal validity, virtual visitation is not without criticism. Some say it will cause family friction if one parent uses it to observe his or her ex; others say non-custodial parents may view moving away as more attractive, and may be more likely to do so as a result of this new convenience. Still others believe this new form of visitation is simply a poor substitute for face-to-face bonding time between parent and child.
With so many ways this new practice can create room for disagreement during a divorce, relocating Texans can consider collaborative law as an alternative to court. By discussing aspects of a divorce in a non-adversarial fashion, both parties can collaborate on solutions to the potential problems of evolving forms of visitation.
Source: The Washington Times, "Virtual visitation: a sensible child custody option", Myra Fleischer, April 15, 2012
]]>Klum filed first, citing irreconcilable differences as the reason for seeking a formal end to the union. Seal has recently filed his own divorce paperwork, seeking joint physical custody of the couple's four children. Klum is seeking joint legal custody and primary physical custody of the kids, as well as visitation rights for their father.
]]> Klum and Seal are handling their breakup more publicly than other celebrities, with Seal discussing the situation on talk shows and Klum mentioning tidbits of personal information in magazine interviews. The couple also released a joint statement when they announced their intent to separate, citing their children as their top priority as they navigate their separation.Reportedly, the couple formed a postnuptial agreement. If that's the case, their divorce may not require property division, which can be a jarring process in high asset divorces.
In Texas, postnuptial agreements can also prevent a drawn-out property division experience, and are thus extremely valuable for those in the midst of a high asset divorce. When a couple has multiple homes, investments, cars or businesses, postnuptial agreements can clarify a confusing experience. Having an experienced attorney assist with navigating the divorce process can also help divorcing spouses ensure their assets and property are protected.
Source: The Huffington Post, "Heidi Klum divorce: model files to divorce Seal," April 6, 2012
]]>The Texas Supreme Court is now promoting the publication of standardized forms for "do-it-yourself" divorces. Some argue that these forms will grant greater legal accessibility to Texans that are struggling financially. However, others believe the forms' seeming simplicity will mask the inherent complications of property division, child support, spousal maintenance and other complex aspects of family law.
]]> Texas is one of only 13 states that lack standardized divorce forms. Some divorcing couples use these important pieces of paperwork in what are known as pro se divorces, or cases in which individuals advocate for their own interests instead of having an attorney present.Standardized divorce forms allow parties to essentially represent themselves in divorce court, a practice many cite as problematic for their own cases. Even in relatively simple divorces, overlooking just one legal component can provide for costly ramifications later on.
Currently, Texans going through a divorce can use these forms, but state courts are not necessarily required to accept them. The state Supreme Court formed a Uniform Forms Task Force last year, spurred in part for a push to make divorce easier for low-income couples.
However, experts say that many people who try to represent themselves in court end up going back to court again to fix the mistakes caused by inexperience with the legal system -- making the process perhaps not as simple as the task force would hope for.
Source: Austin-American Statesman, "High court, family lawyers debate push for standardized divorce forms," Cristina Peña, April 2, 2012
]]>Mediation -- one of the most popular ways to navigate family law -- as well as visitation and parenting plans were some of the key topics of the expo. The event is attractive because it's a cost-effectiveness option and encourages cooperation when beginning the divorce process.
]]> Unlike litigation where both parties have an attorney, mediation features a single trained professional who helps a couple through a non-adversarial divorce. The mediator, who may be a family law attorney, must incorporate both viewpoints and strive to reach a mutually beneficial conclusion.In Texas, mediation can also be used as a means of resolving other types of family law disputes such as child custody, spousal support, paternity or visitation. Texas couples can also use mediation programs to seek an annulment.
Last month's Divorce Expo included an array of speakers, vendors and non-profit organizations all aimed at helping people understand the complexities of this emotional, financial and legal decision.
In mediation as well as in unmediated divorce processes, an expo serves as a helpful complement to the guidance of an attorney. Both can offer direction during a time when people are often short on answers and filled with uncertainty about their future, and both can help people channel their frustrations into productive resolutions.
Source: The Detroit News, "Divorce expo gives advice on navigating a breakup," Candice Williams, March 24, 2012
]]>In Texas, couples who aren't married but who live together can create an enforceable agreement that functions as a prenuptial agreement would in marriage. These documents must exist in writing and be signed by both parties.
]]> Couples who utilize these in Texas may be either heterosexual or same-sex partners. However, in the AAML survey, 70 percent of the lawyers surveyed said that most of their contracts involved heterosexual couples.A cohabitation agreement is becoming a more popular choice as many couples either delay marriage or bypass it altogether. The documents allow for protection of assets in a situation where, traditionally, legal protection has been lacking.
Questions such as who will gain custody of the cat or dog, or who will change residences if a split occurs, can be answered calmly before a breakup, instead of responded to emotionally afterwards. Cohabitation agreements can also help a couple decide how shared expenses will be divided during and after a relationship.
Other timely factors affecting the growing use of these contracts are consumer debt, student loan debt, and other financial baggage. With young men and women already carrying a heavy financial load, the desire to protect themselves from additional burdens is strong.
Also like prenuptial agreements, these arrangements can also be used to address issues surrounding child custody and child support. Texas, as well other states where cohabitation agreements are enforceable, requires the presence of an attorney when finalizing these important guidelines.
Source: CNN, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>The slew of luxury assets at stake in the divorce includes two residences in Texas, a Mercedes, a Cadillac Escalade, and a Range Rover. Divorce papers reveal that the Range Rover will be shared, while the other cars and homes will be divided. An Austin real estate agent when she met her famous future husband, Kimberly Quaid also seeks attorney's fees and spousal support.
]]> The couple's two children, however, are their most valued asset by far. A temporary custody order is currently in place, but the couple and their attorneys will still need to reach a long-term agreement. In many celebrity divorces, residual nastiness can spill over into custody concerns, so contemplating each issue -- assets and children -- as a distinct area can prove helpful.A high asset divorce such as that of the Quaids requires cooperation and compromise at a time when both are difficult to maintain. But despite the complexities involved, a high asset divorce should not be unfamiliar territory to Dennis Quaid. The actor was married twice before he met his third wife: first to actress P.J. Soles, then to another actress, Meg Ryan.
Source: Albany Times Union, "Dennis Quaid's third wife files for divorce in Texas," March 10, 2012
]]>Moreover, for the past two years, the top search term on one of those legal websites has been "divorce." With marital disharmony apparently peaking in March, collaborative law and mediation can help some avoid court and find a fresh start.
]]> In a way, it makes a lot of sense. This time of year, people are busy filing their taxes, performing spring cleaning, and otherwise getting their households in order. It follows that considering the composition of one's household might also be a timely concern.The state of the economy might also be a factor behind the seasonal surge. When the recession was at its worst, many couples chose to postpone or delay divorce, fearing a split would worsen existing financial or emotional strain. However, as the jobless rate has fallen slightly in past months, online requests for family law information have risen.
Information on the Internet can be overwhelming, though, which is one reason why many Texas residents turn to collaborative law. Instead of using traditional adversarial procedures, mediation is a cooperative process that treats all parties as valued stakeholders.
In Texas, mediators come from a variety of occupational backgrounds, including attorneys familiar with settlement processes. During mediation, the lawyer acts as an impartial third party, and strives to reach a win-win conclusion.
Source: KPLU, "Why most people get divorced in March," Evan Hoover, March 6, 2012
]]>In each state, including Texas, the courts consider pets to be property. As a result, pet owners going through a divorce could see their four-legged friends wind up in the workings of marital property division. This means that, essentially, judges must designate pets as community property or separate property.
]]> Many of today's proud pet owners, however, believe their pets are no less a part of the family than their own children. Consequently, pets are showing up more and more in divorce disputes. In a small but growing number of cases, judges are taking into account the well-being of the pet and the emotional bond with its owners.In 2006, the American Academy of Matrimonial Lawyers surveyed the issue of pets in divorce. One-fourth of survey takers indicated that pet custody cases had risen since earlier in the decade.
Given the concurrent trends of cohabitation and same-sex partnerships, it's no surprise that many couples have trouble deciding what to do with the family pet when the family breaks up. For divorcing couples, though, there are many factors to consider such as who bought the animal, where it lived, and should the pet stay with the children.
Texans who own racehorses or expensive show animals should also carefully document official ownership of the animal, as well as its performance and worth in its field.
Source: The Huffington Post, "Pet custody cases increasing, divorce lawyers say," Sue Manning, Feb. 28, 2012
]]>Social media leave behind an online record of one's communications. This record often comes into play during a marital breakup with the potential to impact property division and other outcomes.
]]> According to a 2010 survey by the American Academy of Matrimonial Lawyers, four-fifths of responding lawyers indicated the use of Facebook records in their divorce cases. From emails to instant messages to wall postings, all of which can become useful printouts, Facebook offers plenty of opportunities for spouses to inadvertently document their behavior.Any doubt about how important social media has become in divorce cases is refuted by a recent case portraying just how large a role it can play. Last November, a man posted inflammatory messages about his wife on his Facebook page. A judge then ordered him to post an apology on his page, as well as on his friends' pages.
Another more common use of Facebook in divorces involves adultery. When online chats become real-life affairs, the result is potential embarrassment, divorce or both.
Given the power of social media to record marital actions, spouses in Texas who frequently use social media may also want to consider using prenuptial agreements. Once considered useful for only the wealthy, prenups are now a common tool for anyone desiring to protect themselves in a world where temptation is just a keystroke away.
Source: KENS5.com, "Happily ever after less likely for married couples using Facebook," Katherine Whaley, Feb. 17, 2012
]]>Like divorce itself, several aspects of the law may appear inherently adversarial. However, collaborative law involves couples and their attorneys working together, outside of court, to negotiate irreconcilable differences. A commitment to teamwork helps guide all parties to "win-win" outcomes; this approach also lessens the initial turmoil of this life-changing event.
]]> Recent high-profile celebrity splits have demonstrated the value of working together both during and after a divorce. Today's mixed families, many of which include stepchildren or adopted children, also necessitate cooperation during divorce proceedings.Collaborative law also reflects other positive divorce strategies. Nowadays, people see the value in lessening conflict from the get-go. By recognizing shades of gray in responsibility for the divorce itself, separating spouses can get the end of their union off to a good start.
Former spouses are also performing careful cost-benefit analyses when it comes to finances. In divorce cases, it takes money to get money, and those seeking an immediate windfall should consider if the potential resulting bitterness will be worth it in the end.
Finally, and perhaps most importantly, collaborative law underscores the welfare of any children involved in a divorce. Too often, people going through a divorce let past grudges influence their parenting, inadvertently confusing and even harming their dependents. Collaborative law puts children first, incorporating their well-being as an ongoing commitment.
Source: Forbes, "Advice to the stars for negotiating a successful divorce," Cara M. Raich, Feb. 8, 2012
]]>A lot has changed in 20 years, however, including the ways in which older married couples seek to end their marriages. Today, divorce rates for the over-50 demographic are higher than ever. According to the National Center for Family and Marriage, one out of every four divorces now involves an over-50 couple.
]]> What's also changing is the fact that it is increasingly women who are initiating divorce in this age bracket. Given their status as the first generation of women with the ability to be financially independent, it's not surprising that many baby-boomer wives are essentially saying, "enough is enough."Other factors undoubtedly contribute to this increased divorce rate: the decision to marry for love instead of cultural approval or economic gain, the lessened stigma of cohabitation, and their generation's attitude toward personal freedom and the pursuit of happiness.
In addition, baby boomers of both genders are living longer, and many realize they still have 20 or 30 good years ahead of them. "This is the first generation of women to say, 'I don't have to sacrifice the rest of my life in a marriage that doesn't make me happy,'" noted Rosalind Sedacca, founder of the Child-Centered Divorce Network.
People in Texas who are considering a divorce owe it to themselves to speak with an experienced divorce attorney who can apprise them of all their options.
Source: Palm Beach Post, "After age 50, women are divorcing at double the rate of 20 years ago," Barbara Marshall, February 7, 2012
]]>