Total Divorce Blog

According to AppScout.com, a recent poll conducted by the American Association of Matrimonial Lawyers (AAML) found that 79% of divorce lawyers have noted an increase in web browser evidence from their clients in the past five years. Total Divorce has reported on the trend of digital evidence in divorce cases, and this poll confirms what many people already suspected: your “anonymous” computer life may come back to haunt you.

Accounts on sites like marriedbutlooking.com, posts for “casual encounters” on Craigslist.org and even suspicious search terms typed into a search engine can affect the outcome of a divorce case. And, apparently, if you want to come out of your divorce without serious damage to your assets, you should avoid online romantic excursions of all kinds.

The police raid of the polygamist ranch in Eldorado, TX has turned into what could be the biggest child custody case the United States has ever seen, according to the Washington Post. The raid has drawn national attention to the Fundamental Church of Jesus Christ of Latter Day Saints’ (FLDS) practice of plural marriage. For more information on how marriage and divorce laws come into play in this case, visit this article on Total Divorce.

From the Freakonomics blog, an interesting use of an economic principle of “hyperbolic discounting” when considering divorce and marriage.  The definition given: “people overemphasize current pleasure and pain in comparing actions at different points in time.“  A short post but well worth the read.

When Pauline Killian got a bill from Carson Pirie department store for $1,483.30 for her deceased ex-husband’s account, she knew it was obviously not a debt that she owed. She never signed up to be on the account.

Thomas Killian died on June 10, 2004, but at the time of his death, he and Pauline Killian had already been divorced for two years.

Killian called the credit department if the store and explained to them that Thomas was deceased, he was her ex-husband and that her name was not, and had never been, on the account in question.

She thought that would probably pretty much settle it. She was wrong.

Even though she had never signed her name on the account and voluntarily sent the company copies of her divorce decree and Mr. Killian’s death certificate, they continued to pursue her to attempt to collect the debt. Carson’s even turned the account over to a collection agency who then relentlessly called Killian on her cellphone non-stop.

Not knowing where to turn for help or exactly what to do about the situation, Killian decided to write to the Chicago Tribune “Problem Solver” columnist, Jon Yates.

Yates got to work on the issue and was able to get the company to drop collection efforts against Killian. After having harassed her for three years, they finally removed her name from the account, contacted the credit reporting agencies and wrote it off.

Since this was never a joint account, Killian never had any responsibility to repay the debt. Had it been a joint account, the fact that they were divorced and he was deceased would not have mattered, she would have owed Carson’s the balance.

This situation and the specifics regarding the division of marital debts during divorce is explained in this article:

Divorced Woman Gets Carson Pirie Scott Bill for Deceased, Ex-Husband Dropped!

A New York pastor and his wife are divorcing, and she wants the church. Well, not exactly. But, according to newsday.com, the wife believes that the church should be treated as an asset in their divorce.

Apparently, the couple poured more than $50,000 of their own money into starting the church, and the pastor/husband ran the operation like a business. The wife claims he spent congregation donations according to his whims and ran a catering service out of the church building.

Her divorce lawyer says that the church is no different from any other business venture, but the pastor insists he is merely a church employee, and has no right of ownership to the church.

A judge has agreed to hear arguments in the case, which could be the first divorce case ever in which a religious institution was cited as an asset in a divorce.

Oops … The state of Arkansas enacted a new marriage law this past July that allows children of any age, even toddlers, to marry. The law was intended to set 18 as the minimum age to marry while allowing pregnant minors to marry with parental consent. The Associated Press reports that an extraneous “not”, in the law, messed up the law.

An Arkansas judge recently upheld the mistaken law, ruling that the Arkansas Code Revision Commission could not correct the error. The Commission has authority to correct typos and technical errors, but Judge Tom J. Keith said the Commission had overstepped its bounds because correcting the error would have changed the meaning of the law. Only the state legislature has the power to make a meaningful change to a law.

Attorney General Dustin McDaniel suggested court clerk’s follow the judge’s order. I wonder where you can find baby sized wedding rings? And …. How do you divvy up the pacifiers when they divorce?

A South Dayton, New York woman married her third husband without lawfully divorcingher second spouse. Keri A. Woltz has been charged with bigamy and unlawfully procuring a marriage license. In New York, bigamy is punishable by up to four years in prison.

Detective Nathan Root of the Cattaraugus County Sheriff’s Office, told The Buffalo News that he got the case after Woltz’s “present” husband filed a report on a tip he was given. To Which husband Root is referring, is not clear.

Woltz, who is using the surname of her second husband, said she assumed he had filed for divorce and she simply never checked the paperwork.

You’ve never been anywhere near that women’s house? E-ZPass records can show that you took the exit to her place. Caught ya.

Several states use the E-ZPass system to speed toll collections. An electronic device mounted on the car’s windshield, automatically deducts the amount of a toll from the user’s account when the driver passes by a sensor, even at 70 miles per hour. Each state maintains a record of where and how much toll was deducted. In a Chicago Tribune article, Davy Levy, a Chicago divorce lawyer, said electronic toll records from I-Pass (Illinois’ E-ZPass system) are useful in catching a spouse in a lie. Although many states do not officially take adultery into account in determining the financial arrangements in a divorce, adultery can ruin a party’s credibility in court.

Bob Barr, former Republican U.S. congressman turned Libertarian and privacy rights activist, said people who want to protect their privacy shouldn’t use electronic toll systems.

In most states, when you file for divorce your personal information and financial declarations become public record unless the documents are sealed.

That would seem to be a pretty good reason to ask a judge to seal your paperwork; however, family court judges do not routinely seal divorce documents unless good arguments showing cause are presented.  In other words, unless there’s an extremely good reason, you might as well forget it.  Furthermore, even if there is a good reason, in most cases the documents will not be sealed.

A law was passed in California in 2005 to seal divorce documents containing certain financial information but was quickly invalidated in courts because it was found to have violated the First Amendment.

So, it’s all about public record and First Amendment rights.  That is how tabloids and news outlets regularly get their hands on the income and expense statements as well as the divorce filings of celebrities.

The State of Wisconsin may give pets custody-like rights when their ‘parents’ divorce. The San Francisco Chronicle reports that under a Wisconsin bill, pets would be included in a couple’s divorce decree. Soon to be ex-couples could specify, among other things, visitation rights and the right to move a pet out of state. If a couple cannot agree, the bill would give a judge Solomon-like power to choose one spouse or ship the pet off the local animal shelter. The Chronicle suggested whichever spouse got to the shelter first would then own the dog. A stranger could even adopt the pet before either spouse got there.

The bill’s lead author, Republican Representative Sheryl Albers said she is spearheading the bill because of her own messy divorce. She and her husband fought bitterly over who would get Sammi. The kids wanted the aged Labrador who suffered from incontinence. Neither spouse wanted the dog full time, though. Albers said the judge ordered that Sammi would follow the children. Whoever was caring for the kids, got the dog too. Unfortunately, Sammi did not travel well; “It was a relief” when the dog finally died.

Normally, states consider pets to be property. The Chronicle believes this bill to give pets rights, similar to children, to be the first of its kind in the nation.