Social Media In Divorce – Prenuptial Agreement Provision

Avoid Post Divorce Disputes – Don’t Forget To Include Social Media Clause in Your Prenuptial Agreement!

social media divorce prenuptial agreementIn the past, we’ve written multiple articles relating to social media. I have linked to some of them at the end of this article.  Now, I would like to focus on an issue that may evolve during a marriage and can expand exponentially after a divorce; social media disputes between couples. This type of ugly dispute has led many in the legal world to conclude that some couples need a “social media clause” in their prenuptial agreement (s).

If you’re connected to the world via social media, you’ve seen this happen.  Let’s say a mid-30’s married couple has a nasty fallout ending in a divorce.  You’re friends with both of these individuals on Facebook, follow them on Twitter, and maybe follow them on Instagram as well.  After their divorce, things get even nastier.  Now, instead of fighting amongst themselves in private and attempting to resolve issues, they’re broadcasting these “differences” on Facebook, Twitter, or Instagram.  These problems can be about anything, even complaining about child splitting time, each other’s parenting skills, or even extending into alimony or child support.

In … Read More... “Social Media In Divorce – Prenuptial Agreement Provision”

Narcissist Spouse In A Divorce – Steps To Recovery

A Book Review of “Will I Ever Be Free of You? – How to Navigate a High-Conflict Divorce from a Narcissist and Heal Your Family”, Written by Karyl McBride, Ph.D.

Last week we posted an article written by child psychologist, Dr. Gregory Ramey, “Narcissism: Is it all about you? ”  I thought posting it back-to-back with this book review would emphasize the troubling aspects of narcissist personality traits from the varying perspectives of two (2) psychologists.  Publisher’s Note – R. Mues

narcissist divorceNarcissism is defined as a personality disorder that goes beyond mere selfishness and vanity.  It is a prevalent cause of marital and family problems.  Narcissists do not have the capacity to love, understand other persons’ emotions, or feel empathy toward others.  They are grandiose in their need for praise and attention; they overestimate their abilities; and, they diminish persons around them with emotional abuse.

The term “narcissism” comes from the Greek myth of Narcissus, a handsome young man who fell in love with his own reflection in a pool of water.  But, when he reached out to touch his reflection in the water, he shattered the reflection.  He became so self-absorbed with himself that he lost all interest … Read More... “Narcissist Spouse In A Divorce – Steps To Recovery”

Divorce: Spouse Missing? Send Summons On Facebook!

Will Serving Divorce Papers Via Facebook be Allowed in Ohio?

divorce facebook ohioJustice Matthew Cooper of the Manhattan, New York, Supreme Court is setting precedent which is likely to be a game-changer should the rest of the country follow suit.

In a recent decision, Justice Cooper gave Ellanora Baidoo the green light to serve her elusive husband, Victor Sena Blood-Dzraku, divorce papers through his Facebook account.

The couple, both from Ghana, were married in a civil ceremony in 2009.  Shortly thereafter, the relationship began to unravel when Blood-Dzraku refused to fulfill his promise of participating in a traditional Ghanaian wedding ceremony.  As a result, the couple parted ways and only remained in contact via social media and the occasional phone call.  Nevertheless, Blood-Dzraku apparently does not want a divorce as every attempt to find him has failed.

Baidoo’s attorney, Andrew Spinnell, explained that Blood-Dzraku is nowhere to be found.  The last known address for him was vacated in 2011, the post office has no forwarding address for him, no billing address linked to his prepaid cell phone exists, the Department of Motor Vehicles has no record of him, and even efforts by a private investigator hired to find him have failed. In … Read More... “Divorce: Spouse Missing? Send Summons On Facebook!”

Gray Divorce: Division of Retirement Assets Disparity

Be Sure To Hire A Divorce Attorney With Experience In “Gray Divorce” Cases

gray divorce divisionAn interesting article published in the Arkansas Business Journal discussed the issue of divorce with retirement age individuals.  As a founding member of the International Academy of Attorneys for Divorce Over 50, I personally am quite familiar with the unique issues that often arise in these “gray divorce” cases. When discussing the financial background of many couples aged 50-60, the typical equal asset allocation can be problematic.

These couples are more likely to have combined their retirement planning and savings. Over the past 5 generations, the workplace demographics have shifted.  Often, many couples who marry today both pursue a career path and develop their own separate retirement accounts.  In the 1950’s and 1960’s, married couples often relied financially on the men in the relationship to be the primary “breadwinner”.  This means that when a retirement account is discovered during the divorce process, and it’s distributed equally, each party will be left with 50% of their retirement assets even though they are often only a few years away from retirement.  Fair, right? Maybe not.

Let’s consider this scenario of Mary and John.  Mary and John … Read More... “Gray Divorce: Division of Retirement Assets Disparity”

Divorce Representation Without A Lawyer On The Rise

Representing Yourself in a Divorce? No Way! Why Retaining Legal Counsel Is Worth It!

divorce representationCourtrooms all across the country are seeing an increase in the number of unrepresented parties on their dockets.  Whether it’s due to the failing economy, the rise in popularity of television shows such as “Judge Judy” which encourage the legal “do it yourself” attitude, or perhaps the belief that the courts will take it easy on those who represent themselves…the amount of people trying to navigate their way through the legal system without a lawyer is on the rise.

While it is easy, (and perhaps self-serving) for a family law attorney to claim that it is in a person’s best interest to hire a lawyer for their divorce or child custody matter, the courts’ decisions in cases where a party appears on their own behalf speak for themselves. Family law is filled with rules and procedures, nuances and intricacies…many of which differ depending on which county, district, state, etc. you are filing in.  So, before you decide to go it alone, consider the following Ohio cases in which people chose to do so:

  1. Hutchinson v. Hutchinson – In this Montgomery County case, the wife chose to
Read More... “Divorce Representation Without A Lawyer On The Rise”

Divorce Filings Spike in January by One-Third

January Is Often Called Divorce Month

Recent UK Study Claims One In Five Will Divorce After Holidays

divorce spikeThe first of the year is the time that many unhappy couples who are reluctant to break up the family during the holidays officially start their divorces. January is often called the “divorce month.” This trend occurs not only in the United States but in the UK and abroad as well. According to a recent study in England one in five couples had plans to divorce after the holidays.

James McLaren, President of the American Academy of Matrimonial Lawyers, recently said, “we see a significant increase in people seeking out divorce advice and ultimately, filing. The number of filings is one-third more than normal. That begins in January and probably goes into early March”.  This trend is nothing new. Recent research even suggests the pattern dates back to medieval times. Frederki Pedersen, a senior lecturer in history at the University of Aberdeen, recently wrote in Science 2.0 that in the 14th century a third of the litigation heard by the church court in York was initiated in January.

Not surprising, but divorce courts aren’t the only busy place after the start of … Read More... “Divorce Filings Spike in January by One-Third”

Divorce: Options to Dispose of the Marital Residence

What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding?

divorce marital residenceIn the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.

I now provide to you my list of available options in disposing of the marital residence during divorce:

  1. Sell the residential property for the “best obtainable price” and divide the net sale proceeds.
  2. Sell the residential property for the “best obtainable price” and use the net sale proceeds to pay off marital debt or to pay down marital debt.
  3. Determine the equity in the marital residence, if any, with one party “buying the other party out” of his or her interest in the marital residence.
  4. Determine if the home is “upside down” meaning that the mortgage indebtedness is greater than the fair market value of the home.

I shall next discuss each option in … Read More... “Divorce: Options to Dispose of the Marital Residence”

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