Blog Posts in November, 2014

Prenuptial Agreement Torn Up

A Brooklyn businessman will be able to enforce a prenuptial agreement he and his wife ripped up. Ripped Up Prenuptial Agreement on Honeymoon According to a judge, Ezra Braha, 44, will be able to enforce a prenuptial agreement he signed with his wife of twelve years, Rina Braha, 37, even though the two ripped up the contract and threw it into the ocean while on their honeymoon. During the couple’s ...

"Pup Nups"

Divorcing couples fight about a lot of things; children, the house, money, and pet custody. Pet Custody Issues According to attorney Ann Margaret Carrozza, “The pet custody issue can be absolutely devastating.” Clients spend thousands in legal fees to keep custody of their pets. According to a recent survey of divorce attorneys found a 25 percent increase in cases that involve animals – of all ...

Refusing Divorce Papers

It makes sense that often times when a marriage ends, only one person wants it to end. When this happens, it’s not uncommon for the unwilling spouse to refuse to sign the divorce papers. But what do you do if you’re on the other end of that refusal? Refusal to Sign Divorce Papers When an unwilling spouse is served with divorce papers, they often think if they refuse to sign, then the divorce ...

Divorce Fights

Divorces can get ugly. But they can take a turn for the worst when it comes to dividing assets and property. Manhattan litigator Jacqueline Newman, Esq. of Berkman, Bottger, Newman & Rodd, LLP, has put together a list of some of the craziest she’s seen couples fight over. Crazy Divorce Fights People fight about a number of things during divorce. Here are some unique ones: In a million dollar case, ...

Filing for Legal Separation

A legal separation is often the first step towards a divorce. Though a couple is still technically married, it allows spouses to live separately while retaining legal rights to property, child custody, and other agreements. Steps to Legal Separation Here are the steps you will take to acquire a legal separation: Decide on grounds for your separation. The grounds can either be: incurable insanity ...

Approved Order of Publication for Divorce by Publication

If you cannot locate your spouse and are seeking divorce, you are able to do so by filing a divorce by publication. Proving a Lost Spouse In order to pursue a divorce by publication you will need to prove to the court that you have searched for your missing r hiding spouse. This can be done through a number of means. You will need to provide the court with a signed Affidavit of Diligent Search ...

Divorce By Publication

If you are wanting a divorce but are unable to locate your spouse you might consider a divorce by publication. Divorce by Publication Family law courts have made it possible for you to obtain a divorce even when you are unable to locator your spouse because they are either missing or hiding. This process is called “divorce by publication.” In this process the court issues an Order of Publication ...

Paperwork Required for Summary Dissolution

Determining your eligibility for a summary dissolution divorce is just the first step. If you meet all the requirements you will need to follow the next steps, outlined below, as well as fill out the necessary forms, also outlined below. Steps for a Summary Dissolution You’re legally required to read a booklet called Summary Dissolution Information (Form FL-810). The information provided in the ...

Hamm Divorce Judgement and Appeal

Sue Ann Hamm, ex-wife of oil magnate Harold Hamm is set to appeal a judge’s divorce judgement that awarded her nearly $1 billion. Mrs. Hamm believes the divorce judgement grossly undervalued the marital wealth she believes she is entitled to. Hamm Marriage and Divorce Judgement Mrs. Hamm, 58, contends the $ billion award is not fair, and is according to her lawyer, Rob Barber, “… is disappointed ...

The Business of Divorce Celebrations

Following the finalization of her divorce, Wendy Lewis decided the best way she could celebrate was to fire a gun – at her wedding dress. So she gathered up a group of her closest friends and headed to Nevada. All part of the “divorce celebration weekend” put together by divorce party planner Glynda Rhodes, 51. Divorce Parties Ms. Rhodes, a long-time party planner used to specialize in putting ...

Legal Separation Good Idea Before Divorce

Sometimes couples wonder if legal separation is a necessary step before they move apart or seek divorce. Below we outline why legal separation is a good and necessary step to take if you are moving towards a divorce. Legal Separation One of the main reasons people get legally separated is that it protects your interests while you decide if you will move forward with a divorce or not. A separation ...

Inheritance and Divorce

If marriage means sharing everything, then divorce can often mean separating everything. When a happy couples weds, it can often mean the combining of finances including any generous gifts bestowed by parents or grandparents including inherited assets. But what happens to those items upon divorce? Separate v. Marital Property Decision in Divorce Whether or not property is “separate” or “marital” ...

Uncoupling Ceremony

On a sunny California beach, Clark and Valerie Tate assembled their friends and 10-year old son for a special ceremony – an “uncoupling” ceremony. Conscious Uncoupling Because divorce can become an ugly and expensive process, the two decided to try a different route, choosing to “consciously uncouple.” This was Clark’s third marriage, and Valerie’s first. While the “spark” in their relationship ...

Divorce and Spousal Debt Liability

Spousal debt liability can pose a serious problem during divorce. Here’s some information on how to protect yourself. Spousal Debt Liability in CA Because California is a “community property” state, assets that are acquired and debts that are incurred by either spouse during the course of the marriage belong to both spouses equally, and therefore will need to be divided equally between the spouses ...

Paternity Rights

Often time parents are unmarried at the time of conception or birth of a child. Because of this the parties must open a paternity case in the appropriate court in order to establish paternal rights. Because paternity cases can be complex it might be in your best interest to consult an experiences family law attorney. California Family Code section 7570 California Family Code section 7570 states ...

Parenting After Divorce

Sometimes the hardest part of a divorce is figuring out joint shared child custody. For a child, swapping between two families and two homes can become a difficult juggling act. Here are a few tips to make the transition for your kids a little easier. One Family, One Divorce, Two Houses If it’s financially feasible, it might help to get doubles of certain essentials. This will help with the ...

Ricki Lake Headed for Divorce

Two years after marrying second husband Christian Evans, it looks like Ricki Lake is headed for divorce. Legal Separation and Divorce Filing On October 9, the 47-year-old former talk show host filed for legal separation from Evans, 42. Lake filed divorce papers just a week later, citing irreconcilable differences. Because California is a “no fault” state, guilt is not assigned to either party in a ...