According to the St. Paul Pioneer Press, this week St. Paul officially joined the Yellow Ribbon Network. The program uses funding from the Pentagon to link cities and townships with organizations and volunteers to provide support to military families. In St. Paul, the network aims to help military families with various needs--by providing meals, handyman repairs and even couples counseling as the military divorce rate continues to climb.
]]> A recent Pentagon report revealed that the military divorce rate is on the rise, while other reports have demonstrated increases in instances of post-traumatic stress disorder and suicide among veterans.The Pentagon's most recent report says that the annual military divorce rate is 3.7 percent, which is its highest point since 1999.
Around 10 percent of U.S. service members who have been sent to fight in Afghanistan or Iraq have been deployed at least three times, and this of course is taking a toll on the soldiers themselves and their families.
The toll that a military deployment takes on local families is quite complex, and the University of Minnesota has recently committed to studying this issue. Over the next four years, hundreds of Minnesota military families will reportedly wear heart sensors and allow video cameras to record their various interactions. The researchers hope to learn more about how things like post-traumatic stress disorder, returning home from deployment without a job and other combat-related adjustments affect Minnesota families.
Hopefully, such research will provide insight and solutions to these serious problems that our service men and women face. Many residents and organizations in St. Paul appear to be ready and willing to support these families.
Source: Pioneer Press, "St. Paul joins Yellow Ribbon Network," Tad Vezner, May 15, 2012
Source: Grand Forks Herald, "University of Minnesota to study military deployment's toll on families," Mark Brunswick, April 8, 2012
]]>However, there are often disputes over the ownership of the engagement or wedding rings after a divorce. At this moment, celebrity gossip channels are abuzz with Minnesota native Kris Humphries' request of his soon-to-be-ex Kim Kardashian. Humphries reportedly says he bought a $2 million engagement ring for Kardashian as she tricked him into marriage; therefore, he says he now wants the 20.5 carat diamond ring back.
]]> Following traditional rules of etiquette, the ring is returned to the man only when an engagement is called off. That is because an engagement ring is what is referred to as a gift of contemplation, and the act of transferring the gift has not been completed unless the couple actually marries. And when a married couple divorces, traditionally, the woman keeps the ring because it was a gift to her.However, these traditional ways of doing things do not always coincide with personal wishes or family and property laws. Therefore it is best to discuss these issues with your family law attorney if there is a dispute about the engagement ring. While the future of the Humphries-Kardashian bauble will surely play out on reality TV and in the tabloids, their situation is very unique and it does not necessarily relate to the average engagement ring dispute.
Source: Huffington Post, "Kim Kardashian Divorce: Kris Humphries Wants Engagement Ring Back," May 8, 2012
]]>A practice known as "domestic spying" is relatively cheap, compared to hiring a private detective in Minneapolis or nationwide. Spy gadgets, including teddy-bear cameras with built-in digital recorders, pens with recording equipment, and coat-button lenses can be purchased at minimal cost online. A GPS tracking device can easily be hidden beneath a vehicle. Information uncovered through spying technologies could impact a divorce settlement agreement or even a custody arrangement.
]]> Many people become so emotionally charged at the time of divorce, that they do not consider that their conduct may be illegal. A man recently filed a lawsuit against his wife after she allegedly violated federal wiretapping laws and illegally recorded him in conversations with his son, his therapist, his attorneys and his family members. He is pursuing a civil lawsuit and will collect damages if she is found liable. These acts are considered criminal if they violate a person's expectation of privacy.When you are facing divorce, remember that your conduct could impact a divorce settlement agreement. While "domestic spying" may give you some of the answers you want, it might not be helpful in your divorce case. Instead of uncovering information to use against your spouse, you could wind up paying fines and damages for illegal spying.
Source: Houston Chronicle, "Spy gadgets infiltrate divorces as domestic snooping booms," Mike Tolson, April 29, 2012.
]]>Any Minnesota Twitter followers of Deion Sanders may be witnessing this trend. On Monday, the Pro Football Hall of Famer Tweeted a photo of himself with his two sons as they filled out police reports against his estranged wife, their mother. The caption read: "filling out police reports now! Thank God for this platform to issue the Truth!"
]]> Sanders is referring to an incident Monday in which both he and his wife, Pilar Sanders, were arrested for misdemeanor assault. Police have said the two had a fight at their home, and Deion Sanders said that during the fight Pilar Sanders attacked him.Although Deion Sanders is a celebrity and his family law disputes are already playing out in front of the public, it is important to be careful about what is posted on social media websites.
Often, judges do not look favorably when a parent pits children against the other parent, whether or not the reasoning can be justified. This may not be something that someone would want to display on a social media website during family law disputes.
Minnesota residents who are in the midst of a family law case are wise to talk with their attorneys about social media use. Generally speaking, it is important not to talk about the dispute on social networking websites, and not to post photos or status updates that could be interpreted negatively by a judge. Because much of what is posted on Facebook and similar sites is public or widely viewed, it is wise to make sure these postings are only positive and thoughtful representations of yourself.
Source: Yahoo! Sports, "Deion Sanders posted a picture of his sons filling out a police report against their mother," Chris Chase, April 23, 2012
]]>The Children's Equal and Shared Parenting Act, if passed into law, will amend the current child custody laws and provide each parent with at least 45.1 percent parenting time. Currently, each parent is given at least 25 percent parenting time. The bill applies to both married and unmarried parents, as long as paternity has been established.
]]> Representative Peggy Scott (R-Andover) sponsored the bill in the house, and she has criticized the current child custody laws, saying that they pit parents against each other during divorce, as each tries to prove that he or she is the more 'fit' parent.Critics of the bill continue to say that it is too broad and that conflicts with the facts that each family situation is unique. Traditionally, child custody laws in Minnesota center on the premise that the child's best interests must be met above all else. The new bill provides consideration to the parents' interests, which puts many lawmakers at odds. However, parents would not have the assumed custody rights in cases in which domestic abuse is involved.
As the bill continues its process through the senate, it may be changed somewhat and it is unclear what the bill might mean for parents whose custody settlements were drawn up under the current laws. Those who have a child custody dispute are wise to work with Minnesota attorneys who are experienced in child custody cases.
Source: Northlands News Center, "Equal Parenting Bill Passes Minnesota House," Krista Burns, April 19, 2012
]]>These things depend on how contentious the divorce is and how a couple and their attorneys choose to handle the divorce. In many cases, something that is usually kept private is just what drove the couple to divorce. This is because in Minnesota, as in the rest of the U.S., no-fault divorces are permitted. This means that neither party must prove grounds for divorce, rather a couple can end their marriage due to irreconcilable differences. Things work quite differently in England, where couples often have to air their dirty laundry in front of a judge to obtain a divorce.
]]> According to a recent New York Times article, ordinary annoying habits are often listed in English divorce cases because, along with adultery and abandonment, English couples can attempt to prove "unreasonable behavior" in their divorce cases.For example, divorce petitions have included husbands' complaints about their wives cooking skills; one man said his wife simply made tuna casserole, his least favorite dish, way too often. Another man charged that his wife had a habit of throwing away perfectly good cold cuts and tampering with the TV antenna. There have also been complaints about husbands who have poor body odors or change TV channels too fast.
As you can imagine, some judges in England are becoming tired of evaluating these seemingly mundane marriage quarrels, and there has been talk among legal professional to reform the country's divorce laws.
Back in Minnesota, couples do not need to worry about this. If your husband has an aversion to picking his towels off the bathroom floor, or your wife has a habit of yammering constantly while you are watching your favorite show--you can leave those annoyances in the past, check "irreconcilable differences" and move forward from there.
Source: New York Times, "Tuna Again? In Fault-Finding England, It's a Cause for Divorce," Sarah Lyall, April 7, 2012
]]>Similar to a prenuptial agreement, a cohabitation agreement is a legally-binding contract that protects each person's assets in the event of a split. Cohabitation agreements may also address custody issues and support obligations. The AAML poll shows that 39 percent of divorce attorneys surveyed saw an increase in cohabitation agreements over the past five years.
]]> Seventy percent of the agreements are for heterosexual couples, while about 30 percent are for same-sex couples, according to the AAML.It is important to understand, however, that cohabitation agreements and prenuptial agreements are not synonymous. There are Minnesota family law statutes that already determine the division of assets and property, and guide custody proceedings, should a married couple file for divorce. A prenuptial agreement can make some changes and specifications to how these laws might normally apply, but in some ways they do need to align with certain laws.
Cohabitation agreements are different because there are not so many established cohabitation laws. Thus, unmarried couples have far less protections and legal support when they break up. This can sometimes lead to difficult litigation to determine the division of assets.
Both prenuptial agreements and cohabitation agreements generally need to be written under the guidance of a family law attorney to ensure that they will hold up in court and that a judge will find the terms acceptable.
Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>State courts are currently allowed to consider military deployments against service members when deciding the best interests of the child. Legislation has recently been introduced in the House of Representatives that would change this practice and thus increase the parental rights of military service men and women.
]]> The bill would disallow family law judges from considering certain deployments when deciding the best interests of the child. It would also return custody arrangements to their pre-deployment statuses after service members return home, assuming that custody was temporarily transferred to another party during the deployment.The bill specifically applies to deployments that are more than 60 days and less than 18 months long, in cases where military orders prevent family members from joining the deployment. These would include combat assignments.
Similar bills have actually passed in the House multiple times within the last several years, but the language has yet to make it through the Senate.
In many divorce cases, military and civilian, child custody is one of the most hotly contested issues. In Minnesota, the child custody arrangement has to meet the child's best interests rather than those of the parents. Nonetheless, the rights of the parents do play a very serious role in child custody cases. The intersection of these two family law priorities is perhaps why it has been difficult for lawmakers to decide this issue. While one might argue that having a mother or father away during a lengthy deployment is not in the best interests of the child, on the other hand, many people do not find it acceptable to demand this type of sacrifice from our dedicated military service men and women.
Source: Washington Post, "Proposal would protect custody rights during deployments," Timothy R. Smith, March 19, 2012
]]>She has also asked for full disclosure of his financial information. It has recently been reported that after earning $200 million throughout his career, Allen Iverson went broke this year. Tawanna Iverson has asked for full custody of their five children, child support and alimony and stated that he has spent large amounts of money on himself after the divorce filing rather than supporting his family.
]]> It is unclear why Tawanna Iverson has asked for the specific information about the extra-marital affairs, but some have said it may be a power play in order to force a speedy settlement.High net-worth divorces in Minnesota can be very complicated, especially when it comes to property division. One of the most complicated and essential elements of these divorce cases is to determine which debts and assets are a part of the marital estate and how to assign accurate value to them.
Often, the divorce attorneys involved in these cases access forensic accountants, valuation experts and other financial specialists to evaluate any business valuation and complex bank accounts as well as aid in the discovery of assets.
Source: International Business Times, "Allen Iverson Divorce: Ex Wife Wants Names of All Women He's Slept With," Anthony Riccobono, March 20, 2012
]]>Military divorces involve a variety of difficult details that civilian divorces do not include. For this reason, it is important to work with Minnesota family law professionals who are experienced in military divorce. Complicated state and federal laws intersect in military divorces, making the process very difficult to navigate alone.
]]> One issue that is unique to military divorces is that of the division of a military pension. Military pensions frequently value at more than $1 million, although they are not paid in lump sums. What else makes military pensions valuable is that there is no minimum wage for retirement.The division of the military pension is guided by the Uniformed Services Former Spouses Protection Act, which gives the state courts jurisdiction to divide the pension as marital property for settlement purposes. In some states, this may entitle the former spouse to half, but in others this is not so.
If the marriage lasted 10 years or more during the time of military service, the government may forward the awarded pension benefit to the ex-spouse. But, if the marriage did not coincide with the military service for at least 10 years, it is up to the former spouse to secure any benefits on his or her own. The military ex-spouse may voluntarily send the pension benefit, but if not the ex-spouse may need to go to court--in the state in which the military spouse resides.
Very simple mistakes can cause military benefits to be delayed or even denied after a divorce. For example, if one certain form is not filed within one year of divorce, the former spouse will not have access to the benefits after the military spouse dies. This can be remedied, but missed payments cannot be recouped.
Because of these and other risks, it is important for military couples to seek professional and experienced legal counsel for their divorce case.
Source: The Wall Street Journal, "Divorce: Splitting Up a Rich Military Pension," Ellen Schultz, March 9, 2012
]]>A change in your legal relationship status can have several effects on your federal and state tax returns. Two of the major issues are whether you should file separately or with your ex-spouse, and how child support or alimony should be reported as income and deductions.
]]> The first item is highly personal. Whether you should file jointly, as a single or as a married couple filing separately depends on where you are in your divorce proceedings and your own financial portfolio. This is a matter best decided with your personal finances in mind, and the guidance of your family law counsel and/or accountant.The latter is simpler. Alimony is reported on the federal 1040 form as income for the recipient and as a deduction for the payer. However, there are many qualifications that spousal support must meet in order to be considered as alimony by the IRS. To include alimony on your tax return: you must be divorced or under a separation order; you must not be living with your ex while payments are being made, unless a court order says otherwise; you cannot claim alimony if you are filing a joint tax return with your ex; and you must have a legal agreement requiring the payment of spousal support, among other things. And, payments that could be considered as child support will not qualify as alimony to the IRS.
Child support is neutral for tax purposes. This means that it is neither to be claimed as income for the recipient nor as a deduction for the payer. It is also important to note that if any child support is past due, the IRS will then count alimony payments as child support for tax purposes. This means that the payer may lose the deduction.
Many Minnesota laws as well as federal Tax Code complexities can, of course, affect one's federal and state tax status. It is thus important to seek personal counsel about your unique tax issues.
Source: Forbes, "Taxes From A to Z: A Is For Alimony," Kelly Phillips Erb, March 3, 2012
]]>Pet custody cases have increased throughout the country in recent years. And, while many Minnesotans consider their furry friends as kin, under state law, pets are considered only as property. In fact, pets are considered as property in every state in the country.
]]> Traditionally, they are divided as such in divorce cases, but judges have taken note that as of late more and more people would like their pets considered almost like children in divorce court. As such, many Minnesotans like to work out a pet custody agreement during divorce.There are no guidelines for judges to use specifically regarding pet ownership, but when children are involved in the divorce many judges try to keep the pets with the children. But, because there are no pet custody laws on the books, many Twin Cities residents work out pet parenting plan agreements on their own and with the assistance of their attorneys.
In addition to custody and visitation, there are many other issues that can be involved in a pet custody agreement. These include residential and holiday schedules, travel arrangements, veterinary care, grooming, costs and end-of-life decisions.
Some believe that eventually there will be statutes to provide judges guidelines for pet decisions, similar to those that exist with children. Several states are currently looking into legislation to protect pets in cases of domestic violence restraining orders which could make way for further pet legislation in other legal areas.
Source: Huffington Post, "Pet Custody Cases Increasing, Divorce Lawyers Say," Sue Manning, Feb. 28, 2012
]]>The curse, Hollywood insiders say, falls upon women who win the Oscar for Best Actress. As some Twin Cities film buffs know, in recent decades almost every woman who has won the coveted Best Actress statue has went on to break up with her boyfriend or lover, or divorce her husband. In recent years, Sandra Bullock, Kate Winslet, Hilary Swank and Gwyneth Paltrow have all left a major relationship after winning an Oscar. The men who win Best Actor, rather, have not had a similar fate.
]]> The University of Toronto's Rotman School of Management and Carnegie Mellon University conducted a study in 2010, looking back throughout the entire history of the Oscars, and concluded that those who win Best Actress are actually 63 percent more likely to divorce than the women who were nominated but did not win.There may be several reasons behind these statistics, but one proffered by researchers is that there is an increased tension when traditional gender roles are reversed, and a woman earns more money than her spouse.
This explanation is not just limited to actresses. It pertains to successful women in a variety of professions. According to a Cornell University study, husbands who earned less money than their wives were more likely to be unfaithful.
There are of course many modern couples who are content when the wife is the breadwinner. Nonetheless, this information may encourage some women in Minnesota to protect their assets in case of divorce. Options for unmarried women include considering a prenuptial agreement or a Domestic or Foreign Asset Protection Trust to organize their affairs before marriage; and married women may want to look into creating postnuptial agreements, however, these are often challenged in court and must be written with the aid of an experienced high-asset divorce attorney.
Source: Forbes, "Why Do Successful Women Fall Victim to the Oscar Love Curse," Jeff Landers, Feb. 1, 2012
]]>If a parent fails to make payments, the other parent can work with the county or a family law attorney to enforce the child support order. However, Minnesota counties' ability to do this was recently called into question when the state announced it has ordered Hennepin County to reopen hundreds of child support enforcement cases that it closed inappropriately, according to a Minneapolis Star Tribune report.
]]> The state's inquiry came after a media report revealed that a Hennepin County woman's child support case was closed while her child's father owed about $38,000. After that report, the state has found that Hennepin County's child support enforcement records show that the county closed more than 533 cases without appropriate justification; similar issues were found in Ramsey County and other jurisdictions.The closed cases in Hennepin County seem to stem from a policy of considering cases uncollectible and closing them once a payment has not been received over a length of five years.
The county has defended itself by explaining that the recession has left many parents without the means to pay child support, and that many parents just quit making payments instead of seeking to modify their child support orders.
It is very important -- even in cases where both parents agree to a child support change -- that parents request a legal modification when decreasing a child support order. This is in part because failing to pay child support can be considered a criminal offense, and it is in your best interest to have legal documentation of the approval of a decrease in payments.
Source: Star Tribune, "Hennepin County's closed cases on child support to be re-examined," Jeremy Olson, Feb. 13, 2012
]]>Sometimes, parents and their attorneys are able to agree on acceptable custody terms, but in other cases a judge makes the final decision. Currently, two women are battling in court in Minneapolis over the custody of a child that they used to co-parent.
]]> The case stems from an uncommon family arrangement and a horrific tragedy that tore it apart.A Twin Cities man and his second wife had been co-parenting five children from the man's first marriage, as well as his first wife's son from another marriage. It was an agreeable arrangement which allowed the five siblings to split time between both of their parents; and the youngest boy was able to be raised with his half-siblings and share a father figure.
The situation was amicable for all parties, until October 2010, when the father and three of his sons died in a tragic plane crash.
Now, the two women are fighting for full custody of the first wife's son. The other two surviving children are no longer minors. Both of the women cared for the boy after the crash, but two weeks ago the boy's mother tried to move him to Arizona--prompting the second wife to file for custody.
The second wife argues that the first wife is mentally unstable and that it is not in the boy's best interest to be uprooted. The boy's mother has said that after losing three of her children in the plane crash, she wants to have a fresh start in Arizona with her son, where they will be closer to her family.
The second-wife has recently been awarded court-ordered custody of the boy while a Hennepin County Family Court hearing is pending. A judge will likely have to decide whether the mother's alleged instability and the trauma of moving the boy to another state meets the tall legal threshold to remove a child from his biological mother.
Source: Star Tribune, "Mpls. Custody fight puts women who grieved over Wyo. plane crash," Abby Simons, Feb. 6, 2012
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