Total Divorce Blog

Divorce Lawyers See More Digital Evidence

brenna — Mon, 05 May 2008 17:39:26 +0000

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.

Biggest Child Custody Case in History

brenna — Tue, 22 Apr 2008 20:18:27 +0000

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.

The Business of Divorce Seen in Australian Promotion

Chris Maynard — Tue, 22 Apr 2008 17:12:44 +0000

Divorce can be a physically, mentally and financially exhausting experience that may take quite some time to recover from. With that said, a controversial Australian magazine is sponsoring a contest in which an all-expenses paid divorce for two will be provided to a man who provides the best written explanation of why he should be divorced. While some may see such a promotion as being potentially helpful to a couple seeking divorce, others are questioning the ethics and messaging of this effort. Check out our article on this controversial issue below and judge for yourself:

• Contest Offers the Ultimate Divorce Package as First Prize.

New York Child Support Denied to Adult Teen

Chris Maynard — Wed, 16 Apr 2008 19:40:53 +0000

Child support is often one of the most contentious aspects of divorces. In an interesting twist on this oftentimes controversial and divisive issue, a New York teen recently moved out of her mother’s home and sued for child support. It turns out that in New York, child support payments can continue in some instances until a child turns 21 years old. However, in this case, the teen’s request was denied.

Check out the article below to learn why the court denied the teen’s request:

Adult Child Moves Out and Sues Mom for Child Support.

The Importance of Obeying Divorce Rulings

Chris Maynard — Mon, 07 Apr 2008 18:23:18 +0000

Divorce is a highly emotional experience that may leave people upset for long periods of time. With that said and as any divorce lawyer will tell you, it’s important that you follow all divorce rulings and orders–whether for child support, alimony or something else–after your divorce.

Need proof of why you need to do so? Check out the following story:

Divorced Mom Jailed for Violating Postnuptial Agreement.

Economics and Divorce?

joel — Fri, 07 Mar 2008 17:43:55 +0000

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.

Mothers In Jail For Hiding Their Kids

Guest Commentator — Wed, 09 Jan 2008 07:04:39 +0000

In the divorce articles section here at Total Divorce, we recently posted a two part story that discusses women who have gone to jail for protecting their kids from the real or perceived danger of abuse. These mothers have hidden their children from their fathers and the courts, in order to avoid having to share custody or allow the dads to have visitation with the children.

In part 1 of the article about jail time for custody concerns, we discuss the case of April Griffin. Griffin has hidden her son and is currently in jail. She refuses to tell the court where her son is because she believes that if his father is allowed visitation, he will abuse him. She claims that her child’s father abused her while she was pregnant and she is not willing to take any risks with her son.

In part 2 of the article about mothers in jail for custody concerns, we discuss the famous case of Dr. Elizabeth Morgan. Dr. Morgan spent two years in jail while she hid her daughter from her ex-husband Dr. Eric Foretich, who she accused of sexually abusing the child. Dr. Morgan was eventually released from jail by a special act of Congress which limited the time that a person can be held in prison for civil contempt.

Both cases are very interesting, but they are far from the only cases of mothers who have served time in jail over their custody concerns.

Rhode Island Same-Sex Divorce Case Moves to Superior Court

joel — Thu, 27 Dec 2007 18:13:29 +0000

As we detailed in the most recent post, the same-sex marriage partners who wish to file for divorce in the state of Rhode Island were denied the chance to do so by the state Supreme Court.

However, lawyers for the two unhappy partners who wed in Massachusetts but now live in Rhode Island are not taking “no” for an answer. As various local and national news sources have reported, the divorce case has been moved to a Rhode Island superior court, which has more jurisdiction than the family court in which it was originally presented.

This may be the final option for the two women, beyond having one of them move to Massachusetts and filing for divorce in a Massachusetts court.

Read more about the case on Total Divorce!

Gay Divorce Denied by Supreme Court of Rhode Island

Chris Maynard — Mon, 10 Dec 2007 15:42:01 +0000

On Friday, the Supreme Court of Rhode Island rejected the divorce petition of a lesbian couple who had married in Massachusetts. Since Rhode Island law defines marriage as a union between a man and a woman, the state Supreme Court ruled that Margaret Chambers and Cassandra Ormiston could not get a divorce. The couple was married in 2004 in Massachusetts, where gay marriage is legal. The Supreme Court of Rhode Island also indicated in its decision that a lower state court did not have the authority to consider the couple’s divorce petition. Chambers had cited irreconcilable differences when filing for divorce from Ormistion in Providence last year.

For more of a backstory on this Rhode Island lesbian divorce, check out the following articles:

Arguments for Rhode Island Gay Divorce Heard in State Supreme Court; and

Examining the Legality of Rhode Island Divorce for Same-Sex Marriages.

Woman Pursued For Deceased Ex-Husband’s Debt

Guest Commentator — Sun, 09 Dec 2007 08:57:54 +0000

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!