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Survey ranks Phoenix number three in the nation for infidelity

2012-02-22T15:47:34Z

For many people, the decision to seek a divorce is the culmination of a long process of careful contemplation, and deep discussions with both family and friends. For other people, however, the decision to seek a divorce is relatively easy due to the simple fact that their significant other has been unfaithful.

In today's modern era of smartphones, laptop computers, tablet computers, and far-reaching internet access, it's extremely easy for spouses to engage in secret extramarital affairs. In fact, these internet-based mediums are rapidly emerging as the primary vehicle for initiating such relationships.

For example, consider the success of the so-called "matchmaking" website AshleyMadison.com (whose company motto is "Life is short. Have an affair"). According to the owners and operators of the website, they currently have 8 million members here in the United States and earned $60 million in revenue in 2010.

Interestingly enough, a recent survey revealed the top ten cities with the highest membership per capita on AshleyMadison.com.

]]> They ranked as follows:

Washington, D.C.
San Antonio
Phoenix
Salt Lake City
Oklahoma City
Pittsburgh
Boston
Chicago
Dallas
Orlando

Why then is the rate of AshleyMadison.com users so high here in Phoenix?

According to Noel Biderman, founder and president of AshleyMadison.com, one of the reasons may be the transplant nature of Phoenix's citizenry, and/or the recent economic/housing crises that have rocked the city.

Still, many professionals around the country have been quick to line up against Biderman's site, claiming that it is destructive and prevents married spouses from taking the time to try to fix their issues.

"It's the easy way out instead of doing the tough work to repair what's making you unhappy in your sex life, in your relationship," said author Logan Levkoff. "This idea that you can sneak around and still have this wonderful life is really problematic ... Not every couple is meant to stay together, but ideally, you exit a relationship with the same respect as you entered into one."

If you would like more information regarding dissolution of marriage, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for developments from our Phoenix divorce blog ...

Sources:

USA Today, "Sites that cater to 'discreet' encounters thriving" Feb. 14, 2012

Phoenix Business Journal, "Phoenix No. 3 for cheating spouses" Feb. 21, 2012

Do Oscar-winning actresses face certain divorce?

2012-02-17T13:35:08Z

Does winning an Oscar help an actress' career? Almost certainly. But it does little to boost their romantic life. In fact, according to a story by the New York Post, winning an Oscar often leads actresses to divorce or end their long-time relationships.

The Post analyzed the love lives of Best Actress winners from the past 12 years and discovered that nearly every actress who won a prized Oscar eventually ended her marriage or broke up with her boyfriend/lover. Some did this just months after receiving their tiny gold statue.

The Post goes back to 1998, when actress Helen Hunt won an Oscar for her performance in the film "As Good as it Gets." During her acceptance speech, Hunt thanked her then boyfriend, whom she married later that year. It took just six months for the couple to divorce.

]]> Other notable actresses who either called it quits with their significant others after winning an Oscar include Kate Winslet, Sandra Bullock, Hilary Swank, Julia Roberts, Halle Berry, Charlize Theron, Reese Witherspoon and Gwyneth Paltrow.

So, is there an Oscar love curse for actresses? Probably not. After all, celebrity marriages often end in divorce, no matter whether the celebrities involved won or were even nominated for an Oscar. Just look at Kim Kardashian's short-lived marriage. No one will ever mistake Kardashian for an Oscar winner.

The strains that celebrity marriages face aren't that much difficult than the pressures on many marriages today: People are working hard. They're juggling careers and the stress of raising children. Thanks to the bad economy, more spouses are struggling to pay their mortgage.

It's not surprising, then, that Oscar winners sometimes divorce after winning their awards. Marriages today -- of all kinds -- are under constant pressure.

If you would like more information regarding dissolution of marriage or family law issues, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The New York Post, "Oscar love curse"

Survey: More cell phone evidence in divorce cases

2012-02-13T16:34:20Z

The American Academy of Matrimonial Lawyers (AAML), an organization comprised of prominent divorce attorneys from across the nation, recently released the results of a very interesting survey concerning cell phones and divorce cases.

Specifically, the survey found that over 90 percent of AAML members had seen a significant increase in the number of divorce cases utilizing some form of cell phone evidence over the last three years.

The AAML survey also determined what type of cell phone evidence is the most likely to emerge in a divorce case and what type of cell phone evidence is the least likely to emerge in a divorce case.

62 percent -- Text messages
23 percent -- Phone numbers
13 percent -- Call histories
1 percent -- Internet histories
1 percent -- GPS searches

]]> "As smartphones and text messaging become main sources of communication during the course of each day, there will inevitably be more and more evidence that an estranged spouse can collect," said Ken Altshuler, the president of the AAML. "In particular, text messages can often be the most incriminating pieces of evidence because they are regularly composed at the spur of the moment and can reflect raw emotions."

Interestingly, the AAML performed a similar survey in 2010, which found that 81 percent of its members had seen a dramatic increase in the number of cases utilizing some form of social media evidence over the last five years -- yet another indication that technology is having more of an impact on marriages.

It is important for clients going through a divorce to be especially careful when using their phones or any form of social media. Any questionable or potentially damaging content may be used to undermine your credibility in divorce-related proceedings (child custody, child support, alimony, etc.). In fact, if you are in the midst of a divorce or separation, it may be wise to consider reviewing your phone/privacy settings.

If you would like more information regarding dissolution of marriage or family law issues, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

MSNBC, "Divorce lawyers see more phone evidence, especially texts" Feb. 10, 2012

Redecorating after a divorce

2012-02-10T21:42:19Z

After a divorce, when one spouse leaves the family home, the spouse staying behind may feel an overwhelming urge to redecorate, or get rid of everything that triggers memories of their former spouse.

But making drastic changes right after a divorce is not a good idea, according to decorator Kimberly Seldon, who spoke with Deborah Moskovitch of the Huffington Post. It's better, she says, to give yourself time to heal from the break-up before tackling large new projects.

According to Seldon, if you wait until you are in a more peaceful frame of mind, then your redecorated home will be more peaceful, reflecting your inner state. However, if you make changes right away and act out of anger or revenge, then you are more likely to make expensive decorating mistakes that will not create the kind of atmosphere you crave.

]]> Seldon gives the example of a woman whose former husband hated leather, so she decided to fill the house with leather furniture to "show him" that she was her own person now. She ended up with far more leather in her house than she really wanted.

Simply put, revenge decorating can be cutting off your nose to spite your face. Instead of working against your ex, work with yourself. Create an environment that reflects and celebrates who you truly are.

Seldon recommends that you start small by working only on the areas of the house that you use the most, in order to save time, energy and money. By working calmly and at a comfortable pace, you can create an environment that will nourish you as you enter a new phase of your life.

If you would like more information regarding dissolution of marriage, child custody, spousal support or family law issues, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Huffington Post, "Changing it up from 'we' to 'me'" Feb. 6, 2012

Some simple steps to help prepare for a divorce negotiations

2012-02-06T19:26:27Z

There is no question that a divorce can produced mixed feelings in virtually anyone. On the one hand, you may be relieved to finally be exiting an unhappy marriage and starting down a new -- and fully independent -- path. On the other hand, you may experience some sadness about leaving your spouse and some trepidation about how to prepare in the months leading up to divorce settlement negotiations.

Regarding this latter point, financial experts have compiled a few basic steps that spouses may wish to consider in preparation for divorce settlement negotiations. While certainly not comprehensive, these steps can go a long way toward granting much-needed peace of mind during otherwise turbulent times.

Gather financial documents

Financial experts indicate that it is important to gather all of the necessary financial documentation -- perhaps handing it over to your attorney/financial professional -- so that you can present the most clear picture possible of your assets/debts at the divorce settlement negotiations. Some of the documents that may be of value include account records (checking, savings, etc.), tax records, retirement fund records, insurance policies, credit card records and estate planning documents to name only a few.

]]> Prepare your post-divorce finances

Financial experts advise taking the time to set up your own bank accounts (checking and savings) and set up a credit card. This will help you create a strong credit rating and become better prepared for post-divorce life. In addition, experts advise taking steps to alert credit card companies of your impending divorce, perhaps asking them to put a temporary hold on any future charges by your ex if possible.

Consider speaking with a tax professional

Experts advise the newly divorced to consider speaking with their legal or financial professional about tax issues before divorce settlement negotiations.

This is because taxes can play a major role in your post-divorce life. To illustrate, you may not have known that the spouse who receives spousal support must generally pay taxes on it as it is considered taxable income, while the spouse who pays spousal support may generally deduct the amount paid from their taxes.

Determine if you really want to keep the marital home

Another step experts suggest taking prior to entering divorce settlement negotiations is carefully considering how much it will cost you to keep the marital home.

For example, if you opt to keep the home you may have to cover the costs of monthly utility bills, expenses for lawn services and necessary repairs/home maintenance all by yourself.

As if that wasn't enough, you may also be solely responsible for mortgage payments.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal or financial advice.

Source:

The Huffington Post, "We're getting a divorce, now what?" Feb. 2, 2012

Babies can sense emotions about divorce we might not expect

2012-02-05T12:59:09Z

When parents get divorced in Arizona, the results can be hard on everyone, and oftentimes the people we worry about the most in a divorce are the children. While kids frequently have a good ability to adapt to whatever situation is thrown at them, one subset of kids that may not be so resilient are babies. What impact does divorce have on babies and infants?

Of course, children that age aren't able to verbalize what they're feeling, nor can they be expected to understand what divorce is. What they can understand and react to, however, is the emotions of those with whom they interact--primarily their parents. So although babies aren't affected by a divorce per se, they are affected by its effect on the people with whom they are close.

]]> Babies are sponges when it comes to absorbing everything around them; therefore, they innately sense and imitate the emotions of their parents. If a parent is depressed and not giving the baby what he or she needs, the baby will often act depressed too, acting withdrawn and sluggish, and possibly even be slower to develop.

One thing that will make a baby feel safer and happier is a routine. It's important that babies see parents often because their long-term memories are still nascent and a gap of a few days between interactions might make it tougher to bond. And a regular schedule is comforting for a young child.

One mistake that parents often make is to stay together simply for the sake of the children. If this means yelling and screaming, it could be worse for a baby than a calm environment--even if that means an environment split between two living spaces.

Source: The Seattle Times, "Ask Mr. Dad: Don't divorce your baby," Armin Brott, Jan. 19, 2012

Celebrity couple takes the high road in split

2012-02-03T18:10:55Z

When a celebrity couple gets a divorce, it's often headline news, splashed across the covers of magazines. Gossip writers and paparazzi, with a sure instinct for a popular story, swarm around the estranged couple. Why are so many of us fascinated with the divorces of the rich and the famous?

Maybe we take comfort in knowing that even the most glamorous stars have the same problems we do. Maybe we want to cheer them on, hoping they will have a better future. Sometimes we might want to snicker at their over-the-top behavior.

However, the latest celebrity couple to hit the headlines, supermodel Heidi Klum and four-time Grammy winner musician Seal, are more likely to inspire admiration than laughter.

The reason?

]]> The couple appears to be taking the high road in their public pronouncements, telling People magazine in a joint statement that their separation is an "amicable process" and that they "have had the deepest respect for one another throughout our relationship and continue to love each other very much." However, they said, they have simply "grown apart."

In regard to the couple's four young children, they told People that "protecting the well-being" of their children is their "top priority." Taking the high road in public, rather than sniping at each other through the press -- as many celebrity couples are wont to do -- can actually go a long way toward helping protect their kids.

One thing the children won't have to worry about is money. Forbes magazine estimates that Klum's net worth is currently in the neighborhood of $50 million to $70 million, while Seal's net worth is believed to be between $10 million and $15 million.

Stay tuned for more from our Phoenix divorce blog ...

If you would like more information regarding dissolution of marriage, child custody or family law issues, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Forbes, "Heidi Klum and Seal divorce: How much is at stake?" Jan. 4, 2012

'Divorce month' coming to a close

2012-01-30T17:27:06Z

As the month of January winds down this week, you may take some time to reflect on the progress of your resolutions. Have you been hitting the gym over the last few weeks? Are the cigarettes in your coat pocket a thing of the past? Did you start the divorce process?

While this may seem like a strange resolution, various studies have indicated that January is by far the most popular month for spouses to seek a divorce. In fact, many divorce attorneys across the country have been rumored to refer to January as "Divorce Month" and take extra time off during the month of December to prepare for the deluge of January divorce filings.

]]> "January consistently sees the most divorce filings," said Cathy Meyer, a certified divorce consultant. "It just really amazes me, though it probably shouldn't ... my own husband left me in January."

Why then are people so much more likely to seek a divorce in January?

Experts have offered two theories for the January's "Divorce Month" label. First, many dissatisfied husbands or wives with children are often debating or even planning a divorce heading into the holidays -- an already stressful time. However, they put off initiating the divorce until after the holidays so that their children can enjoy happy, stress-free celebrations.

The second theory is that people often begin the process of self-reflection after January 1 and ultimately determine that they are unhappy in their marriage. Shortly thereafter, they may make a resolution to end their marriage and start on a new path in the New Year.

Regardless of the reasoning, experts caution husbands and wives to carefully consider their decision to divorce -- avoiding a rash decision based on the mere reputation of "Divorce Month."

"[T]here's no good time to divorce. If you're going to do it, January is as good as any time," said Meyer. "It's no more or less painful than it is in June. Divorce is ultimately a very personal decision, and what's best you doesn't have anything to do with the date on the calendar."

If you would like more information regarding a dissolution of marriage or family law issues, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Huffington Post, "January: More divorces than any other month?" Jan. 4, 2012

Biological father's identity kept secret from child

2012-01-27T13:59:52Z

It's no secret that fathers who were not married to their children's mothers when their children were born will likely have to prove paternity before they can get child custody or visitation rights. In a highly unusual case out of Illinois, however, one man who did prove paternity of his son was still denied visitation rights.

According to reports, the man engaged in a five-year affair with a married woman that ultimately produced a son. After the extramarital relationship broke up in 1998, the biological father filed a paternity case, seeking to establish visitation rights.

The woman ultimately told her husband about the affair shortly before the man filed the paternity case. Here, the married couple not only stayed together but sought to adopt the boy when he was still an infant.

The boy's adoption case was put on hold by the state court, however, until the paternity case was resolved.

]]> While the man proved that he was the boy's biological father, the court ultimately denied visitation rights last year, saying that learning about his biological father would "seriously endanger" the boy.

The case bounced around the courts for more than 12 years, going to the appellate court five times and even up to the Supreme Court of Illinois. The boy, who was 3 years old when the litigation started, is now 16. In two years, when he turns 18, the courts can no longer prevent his biological father from contacting him, and he is likely to then learn the truth.

The courts have disagreed on the motives of the people involved. The state Supreme Court said that the married couple started the adoption proceedings to "thwart" the biological father's claim. An appellate court, though, blamed the biological father, saying he only wanted to "punish" the mother for breaking off their affair. Meanwhile, many mental health experts believe that, in general, it is better for parents to simply tell their children the truth.

What are your thoughts on this story?

Stay tuned for more from our Phoenix divorce blog ...

If you are currently involved in a child custody dispute or would like more information regarding paternity or visitation rights, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Chicago Tribune, "In paternity dispute, family can withhold biological father's identity from teen, court rules" Jan. 2, 2012

Pets and the divorce process

2012-01-23T17:31:47Z

It is not uncommon for separating spouses to initially think that they will go through with an uncontested divorce, meaning there will be no disagreement concerning the children, house or the bank accounts. Unfortunately, this often does not come to pass and these well-intentioned spouses end up entering into bitter divorce proceedings.

As mentioned above, these disputes can often erupt over children, finances or perhaps more unique marital property such as the beloved family pet.

Today's post will take a brief look at how the issue of family pets is typically handled by state divorce courts.

Pets are treated as property in the eyes of the law

According to both Steven May and David Pissara, authors of "What About Wally: Co-parenting a Pet with Your Ex," most state courts view dogs, cats and other family pets as they would a sofa, dining room table or DVD player -- as marital property subject to property division.

]]> Courts will consider a variety of factors when deciding who gets possession of the pet

May and Pissara indicated that state courts typically give the pet to the lawful owner -- meaning the person who has registered it with the city and/or has signed vaccination records, etc.

However, in many relationships, both "parents" are listed on these forms, or one parent is listed on one and one parent is listed on another.

Here, the two authors indicate that many courts will generally consider what's in the best interests of the animal, including which owner can spend more time with the pet, financial stability, etc.

Battles over pets can get ugly

According to May and Pissara, it's not uncommon for custody battles to break out over pets, even when one spouse was clearly the owner of the animal prior to the marriage.

They indicate that non-owner spouses seeking to fight for custody of the animal must be prepared to demonstrate why they would be a better parent for the pet (i.e., the owner is abusive, has a substance problem, neglects the animal, is insolvent, etc.).

If you would like more information regarding dissolution of marriage or property division, you should strongly consider speaking with an experienced legal professional.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Petside.com, "What happens to pets after divorce" Dec., 2011

Does divorce increase chances of an early death?

2012-01-17T22:37:35Z

There is no question that a divorce can take a serious toll on a person's short-term physical health, as they experience elevated levels of stress, anger and even depression. However, what about the toll on a person's long-term physical health?

According to a recent study performed by researchers at the University of Arizona and published in the latest edition of the journal Perspectives on Psychological Science, divorced adults appear to be at an elevated risk of dying younger when compared with their married counterparts.

Specifically, the researchers determined the following:

Divorced adults were 23 percent more likely to die early than married adults monitored by researchers for an average of 11 years
The health risks associated with a divorce were comparable to those associated with smoking, drinking, lack of exercise and obesity

"We thought there was some risk," said Professor David Sbarra, one of the study's primary authors. "But we didn't think the risk elevation would be as substantial as other serious public-health risks."

]]> The researchers arrived at these findings through a process known as "meta-analysis," meaning a study composed of examining the results of other studies and drawing certain conclusions.

Here, Sbarra and his co-authors took a closer look at 32 studies published over a span of 27 years and involving over 6.5 million adults living in 11 countries (including the United States).

It must be noted, however, that the study did not definitively link dissolution of marriage to poor health and marriage to good health, rather it merely indicates that divorcees are perhaps at an elevated risk.

In fact, Sbarra pointed out that other research demonstrates that many divorced adults actually reported high levels of health and satisfaction, and that almost 75 percent remarried. He also indicated that while there is undoubtedly a connection between health and divorce, more research is needed to understand the body's biological responses.

If you would like more information regarding a divorce or other post-divorce issues, you should strongly consider speaking with an experienced legal professional.

Stay tuned for updates on this story from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

USA Today, "UA Study: Divorce can raise risk of early death" Jan. 10, 2011

Survey: Paternity tests becoming popular New Year's resolution

2012-01-15T18:22:22Z

When it comes to New Year's resolutions, the majority of people make somewhat mundane pledges such as vowing to lose weight, quit smoking, learn a new language or perhaps take a long-awaited trip to an exotic location. As it turns out, however, other people are choosing to make far more extraordinary resolutions, including addressing both child custody and paternity concerns.

A recent survey of over 1,000 people by Identigene -- the manufacturer of a DNA paternity test sold in retail stores/pharmacies -- made the following eye-opening findings:

One out of every five people surveyed knew a close friend or family member who had questioned the paternity of a child at some point
One out of every ten people surveyed indicated that they were in a scenario in which a paternity test would be necessary/appropriate
51 percent of people who stated that they had paternity concerns in the survey indicated that they were planning to address these concerns in 2012, or wanted to address these concerns but didn't know how

]]> "It's important for children and families to know the truth about paternity as it can impact a child's health, as well as their emotional health and well-being for years to come," said Identigene executive director Steven Smith in a news release.

Another interesting finding of the survey is that it all but verified the reason why Identigene has seen its sales increase so dramatically during the first quarter of every year since 2007.

"The new year definitely seems to trigger many adults with paternity questions to take steps to address their question," said Smith.

Interestingly, family professionals seem to believe that in addition to New Year's resolutions, both the popularity of TV talk shows examining paternity (i.e., "Maury") and the lower marriage rate may help explain why the interest in paternity testing has suddenly seen such a pronounced spike.

Stay tuned for more from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

WFIE 14, "Survey: 1 in 10 question paternity" Dec. 27, 2011

Complex families mean complex custody agreements

2012-01-13T13:23:12Z

The growing prevalence of intercultural and/or interfaith marriages produces a diverse religious and cultural heritage for a couple's children. However, when these intercultural/interfaith marriages end in divorce, each parent will probably want to continue to celebrate their respective traditions with their children. Consequently, child custody and visitation agreements can rapidly become very complex.

Traditional visitation agreements typically spelled out more ordinary items such as who got the kids for Christmas in odd- and even-numbered years. Today's agreements, however, go far beyond just making arrangements for holidays and summer breaks. For example, couples who broke glass under a chuppah and took communion on their wedding day may not want to keep an interfaith household in the wake of their divorce.

]]> Among the details that parents may want negotiate are what religion the children will practice and what denomination they will attend. Parents may also want to spell out who will pay for the bar and bat mitzvahs or first communions, and determine how many guests each parent will be allowed to invite.

Other topics that couples are building into custody and visitation agreements are private school and college goals, discipline and even healthcare provisions. Furthermore, agreements sometimes specify whether children will have pets, and what kind, and whether the pets will follow the children to the other parent's home on visits.

Lastly, if disputes do arise, many agreements require the parents to meet and confer about how to resolve them and to use alternative dispute resolution services such as mediation and arbitration before going back to court for relief.

By specifying so many details in their divorce agreements, parents hope to add certainty to their children's childhood and avoid conflict in the future.

If you are currently involved in a child custody dispute or would like more information on drafting a custody agreement, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more from our Phoenix divorce blog ...

Source:

The Washington Post, "Divorce's details: Custody agreements are getting more complex" Dec. 26, 2011

A closer look at annulments and divorces

2012-01-09T21:15:46Z

It seems that two family law-related questions inevitably accompany the demise of nearly every short-term celebrity marriage: 1) Did the formerly happy couple have a prenuptial agreement in place? or 2) Is the formerly happy couple going to seek a divorce or an annulment?

Regarding this latter question, many people are likely somewhat familiar with the general idea of an annulment, but unsure as to what it actually entails or how it differs from a divorce. Today's post will seek to shed some light on the mystery surrounding annulments.

What is an annulment and how does it differ from a divorce?

If a couple divorces, the law treats it as a marriage that had both a firm beginning and a firm ending. An annulment, on the other end, effectively declares the marriage null and void.

"When a couple gets an annulment, it's as if the marriage never existed to begin with," said Kristin Hofheimer, a Virginia Beach-based divorce attorney.

]]> Why then would a couple want to get an annulment over a divorce?

The decision to pursue an annulment over a divorce is typically motivated by money. An annulment is designed to put both parties back in the same position they were before entering the marriage in terms of both debts and assets. In other words, each party typically gets back what they brought to the marriage.

It is worth noting, however, that the former spouses are equally responsible for any debts acquired during the course of the marriage. For example, if the couple both signed off on a $50,000 loan during their marriage, they would both be responsible in the eyes of debtors.

Courts granting an annulment often divide these jointly held debts in an equitable manner.

How easy is it to get an annulment?

A couple must typically satisfy at least one ground established by the state in order to qualify for an annulment. Some of the more common grounds include fraud/concealment, refusal/inability to consummate the marriage or inability to consent to name only a few. Furthermore, some of these grounds have time limits associated with them such that if too much time has gone by, a person cannot claim it. This means that securing an annulment may actually be more difficult than filing for divorce.

If you would like more information regarding an annulment or dissolution of marriage, you should strongly consider speaking with an experienced legal professional.

Stay tuned for updates on this story from our Phoenix divorce blog ...

This post is provided for informational purposes only and is not to be construed as legal advice.

Source:

CreditCards.com, "Annulment vs. divorce: How it impacts finances" Dec. 30, 2011

Gay couple, surrogate battle for custody of twin girls in New Jersey

2012-01-06T20:22:01Z

Child custody cases often turn contentious. But few cases are as bitter as a recent custody case in Jersey City, N.J.

This case featured a battle over who would receive custody of 5-year-old twin girls. Specifically, both the gay couple that was raising the girls and a sister of one of these men who had served as a surrogate for the couple were battling over the children, according to reports.

The case presented unique challenges for the Hudson County Superior Court judge who decided it. The woman, of course, gave birth to the twins, acting as a surrogate for the gay couple through a donor embryo fertilized by one of the men (her brother's partner). The two men at the center of the case, on the other hand, had already been acting as parents to the twin girls.

The judge eventually decided to award full custody to the girls' biological father, meaning one half of the couple already raising them. However, the woman who gave birth to the children did have her parental visitation rights preserved.

]]> In making his decision, the judge cited the bitter relationship between both parties.

Neither the couple nor the woman who gave birth to the twins could agree on anything from what religion the girls should be brought up in to what schools they should attend,. Faced with this reality, the judge ultimately decided that joint custody would not work in this case.

Despite the unique nature of this case, it does highlight just how often couples' own inability to work together through a divorce case can tie the hands of a judge. In his comments, it was fairly clear that the judge would have preferred awarding some form of joint custody in this case. Those parents who do want such an arrangement, then, will have to convince judges that they can, despite the dissolution of their marriage, work together for the sake of their children.

Stay tuned for more from our Phoenix divorce blog ...

If you are currently involved in a child custody dispute or would like more information regarding child custody, you should strongly consider speaking with an experienced legal professional.

This post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Star-Ledger, "N.J. gay couple fight for custody of twin 5-year-old girls" Dec. 20, 2011