According to an article in today's The Australian, couples in which men are working long hours are no more likely to divorce than those in which males are working the usual 40-hour work week. Conversely, those extra hours may just be the extra insurance to those marriages.
A new study co-authored by Melbourne Institute economics professor Mark Wooden finds that men in Australia are less likely to divorce when working between 40 and 50 hours a week. Beyond this number of hours, the risk of divorce increases but not as much as for men working 35 to 40 hours per week, notes the study. The optimal range, according to Professor Wooden, seems to be between 41 and 49 hours per week.
An article "Families, Income and Jobs" by Wooden was published in yesterday's Household, Income and Labour Dynamics in Australia survey, focusing on families between 2002 and 2006. Interestingly, the Australian-government commissioned HILDA report also indicated Australians to be heavy credit-card users but as a form of payment in responsibly managing their credit. According to the report, the majority of Australians pay off their credit card balance in full each month while only 16% say they seldom or never pay off the full balance monthly, and the mean net worth of the Australian family in 2006 was $665,000.
Overall, researchers noted that the number of work hours was merely just one of many possible factors that could contribute to any divorce. Professor Wooden noted that recent studies in the U.S. and The Netherlands suggest the divorce probability decreases with the number of hours worked by the male.
With both the continuing recession still hitting families hard and often both partners in couples working longer hours, some couples are choosing to compromise on or put off divorce. However, bringing home the 'bacon' doesn't have to mean bringing on divorce. Don't let these tough times force you to live beyond your means or contemplate even bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.
Author's Notes
Santa Clara County Courthouse
Friday, June 5, 2009
Tuesday, May 12, 2009
Divorce News of the Weird: No Sex? No Divorce for You!
In previous postings, I've blogged about the demand for a kidney or the demand for a $100mil shopping spree as settlements for divorce. This time around, we have a weird case for grounds for divorce out of Seoul, South Korea.
According to a report in the Korea Times, a court has refused to accept a divorce filing by a married man who has not had sex with his wife in 10 years. The couple had married in May 1999 and had attempted to have sexual relations shortly thereafter but failed and, since then, have maintained a physically platonic relationship.
In 2007, the then 35-year old husband filed for divorce accusing his wife of refusing to have sex with him for no justifiable reason. However, the Seoul Family Court denied the claim, citing no direct evidence that the wife did not want to have intimacy. "Despite the sexless life, the husband did not complain until January 2007, and since then, has not provided any physical or periodical opportunity for his wife to normalize their relations. Also, she has shown a strong desire to restore relations.''
Divorce is often a complicated item and when it comes to what constitutes a legal basis for divorce, my San Jose divorce, separation and nullity lawyer offices can enlighten you with "down-to-Earth" guidelines. My San Jose prenuptial agreement lawyer offices can even help you iron out a prenuptial agreement upon marriage that sets out expectations in the event of a future divorce.
According to a report in the Korea Times, a court has refused to accept a divorce filing by a married man who has not had sex with his wife in 10 years. The couple had married in May 1999 and had attempted to have sexual relations shortly thereafter but failed and, since then, have maintained a physically platonic relationship.
In 2007, the then 35-year old husband filed for divorce accusing his wife of refusing to have sex with him for no justifiable reason. However, the Seoul Family Court denied the claim, citing no direct evidence that the wife did not want to have intimacy. "Despite the sexless life, the husband did not complain until January 2007, and since then, has not provided any physical or periodical opportunity for his wife to normalize their relations. Also, she has shown a strong desire to restore relations.''
Divorce is often a complicated item and when it comes to what constitutes a legal basis for divorce, my San Jose divorce, separation and nullity lawyer offices can enlighten you with "down-to-Earth" guidelines. My San Jose prenuptial agreement lawyer offices can even help you iron out a prenuptial agreement upon marriage that sets out expectations in the event of a future divorce.
Tuesday, April 28, 2009
More Couples Ambivalent about Divorce
According to a press release by the National Council on Family Relations, a new study in the Journal of Marriage and Family reports "ambivalent acceptance of divorce rather than a full embrace of it." The study suggests that divorce rates may have plunged during the 20th Century, not necessarily due to acceptance of divorce but, rather, the absence of debate over its merits and pitfalls, thus creating ambivalence about divorce as a norm.
Perhaps partly reflecting the study, divorce and ambivalence during these tough economic times is now leading to compromise and "sticking it out". According to the Sacramento Bee, divorce filings in Sacramento County slipped in 2008 from the previous year.
"I'm not surprised," said Sacramento attorney Hal Bartholomew, president-elect of the American Academy of Matrimonial Lawyers' Northern California chapter. "Most divorce lawyers across the country are seeing a drop in new-client calls...people are postponing the decision to divorce."
And it makes sense. Divorce can be costly, there is no beating around that. But only as costly as much as the parties are willing to cooperate. Instead of hiring attorneys, many couples are revisiting the decision to divorce using compromise and some ultimately reconcile.
If you just can not post pone your divorce and wish to go forward, please contact my office. I may be able determine your rights so in the long run you actually save money. My San Jose Divorce Lawyer offices can help you address the ambivalence surrounding the legal results of your decision. My San Jose Property Division offices can help you determine what financial assets would be potentially split.
If compromise cannot bring you and your loved one back together, my San Jose Divorce, Nullity and Separation offices can help make your divorce something more understandable to address and less ambivalent to accept.
Perhaps partly reflecting the study, divorce and ambivalence during these tough economic times is now leading to compromise and "sticking it out". According to the Sacramento Bee, divorce filings in Sacramento County slipped in 2008 from the previous year.
"I'm not surprised," said Sacramento attorney Hal Bartholomew, president-elect of the American Academy of Matrimonial Lawyers' Northern California chapter. "Most divorce lawyers across the country are seeing a drop in new-client calls...people are postponing the decision to divorce."
And it makes sense. Divorce can be costly, there is no beating around that. But only as costly as much as the parties are willing to cooperate. Instead of hiring attorneys, many couples are revisiting the decision to divorce using compromise and some ultimately reconcile.
If you just can not post pone your divorce and wish to go forward, please contact my office. I may be able determine your rights so in the long run you actually save money. My San Jose Divorce Lawyer offices can help you address the ambivalence surrounding the legal results of your decision. My San Jose Property Division offices can help you determine what financial assets would be potentially split.
If compromise cannot bring you and your loved one back together, my San Jose Divorce, Nullity and Separation offices can help make your divorce something more understandable to address and less ambivalent to accept.
Monday, March 30, 2009
The Luxury of a Divorce
According to a post in the Guardian.co.ukThe Observer, a marital collapse in a Connecticut courtroom has been dubbed by some as the "divorce of the century." George David, 66-year old chairman of United Technologies, is attempting to divorce 36-year old Countess Marie Douglas-David. The ex-wife-to-be has already received a settlement offer for $43 million, but she claims that it is not enough to support her lifestyle and is, thus, suing for $100 million.
Douglas-David filed papers in court professing she needs at least $53k per week off of which to live, including $4.5k for clothes, $8k for travel, and $1.5k for dining out. The Countess claims that the current settlement would not last her more than 15 years. She is also laying claim to David's entitlement to the diamond engagement ring, worth almost $200,000.
David is not without accusation, however, as Douglas-David accuses her ex-husband of multiple divorce threats to break up, only to make up. David, in response, blames the Countess of serving him divorce papers in a marriage counseling session and of having an extra-marital affair abroad with a Swedish athlete in Stockholm.
Both David and David-Douglas tied the knot in 2002, but despite an extravagant lifestyle together they experienced a rocky marriage, filing for divorce over 5 times in a four year period.
Do you know what how much you are entitled to if you are considering a divorce? My San Jose divorce lawyer and San Jose property division lawyer offices can help you determine to what assets you are entitled, while my San Jose prenuptial agreement lawyer offices can help you to protect your assets ahead of an unfortunate event like a divorce.
Douglas-David filed papers in court professing she needs at least $53k per week off of which to live, including $4.5k for clothes, $8k for travel, and $1.5k for dining out. The Countess claims that the current settlement would not last her more than 15 years. She is also laying claim to David's entitlement to the diamond engagement ring, worth almost $200,000.
David is not without accusation, however, as Douglas-David accuses her ex-husband of multiple divorce threats to break up, only to make up. David, in response, blames the Countess of serving him divorce papers in a marriage counseling session and of having an extra-marital affair abroad with a Swedish athlete in Stockholm.
Both David and David-Douglas tied the knot in 2002, but despite an extravagant lifestyle together they experienced a rocky marriage, filing for divorce over 5 times in a four year period.
Do you know what how much you are entitled to if you are considering a divorce? My San Jose divorce lawyer and San Jose property division lawyer offices can help you determine to what assets you are entitled, while my San Jose prenuptial agreement lawyer offices can help you to protect your assets ahead of an unfortunate event like a divorce.
Tuesday, March 17, 2009
Divorce Bankrupts a Heart but Shouldn't Bankrupt your Means
It appears that even the affluent are not immune from the effects of a global recession. According to a news article in the U.K.'s Telegraph, a millionaire tycoon going through a divorce is attempting to renegotiate the terms of his settlement to avoid having no money left to sustain himself.
Jim Moore (a.k.a. the "Buy-to-let King") is down to his last £3 million after owning a property investment company worth £135 million. Moore claims that as the court has ordered him to pay his ex-wife £4.7 mil pounds over the next 3 years, he would run out of money with which to live. A former sunbed and perfume salesperson, Moore spent a combined £1.5 mil pounds with his ex-wife in legal fees to decide just where to hold the court case -- England or Spain. A cash- strapped Moore is currently representing himself in court.
Moore follows in the footsteps of fund manager Brian Myerson, who last week told the Court of Appeals that his £14 mil pound fortune was all but gone and that he could not afford the £9.5 mil settlement to his wife Ingrid in their divorce settlement. The cases of Moore and Myerson reflect growing examples of once rich men who can no longer afford to pay out generous divorce settlements once affordable during past good economic times.
With the recession hitting families hard, divorcing couples may not be able to afford the terms of settlement made before the global recession which consumed many jobs and, with that, the means of payment in divorce settlements. Don't let these tough times force you to live beyond your means or contemplate bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.
Divorce automatically bankrupts hearts with stress, guilt or misgivings. Don't let it bankrupt your wallet as well.
Jim Moore (a.k.a. the "Buy-to-let King") is down to his last £3 million after owning a property investment company worth £135 million. Moore claims that as the court has ordered him to pay his ex-wife £4.7 mil pounds over the next 3 years, he would run out of money with which to live. A former sunbed and perfume salesperson, Moore spent a combined £1.5 mil pounds with his ex-wife in legal fees to decide just where to hold the court case -- England or Spain. A cash- strapped Moore is currently representing himself in court.
Moore follows in the footsteps of fund manager Brian Myerson, who last week told the Court of Appeals that his £14 mil pound fortune was all but gone and that he could not afford the £9.5 mil settlement to his wife Ingrid in their divorce settlement. The cases of Moore and Myerson reflect growing examples of once rich men who can no longer afford to pay out generous divorce settlements once affordable during past good economic times.
With the recession hitting families hard, divorcing couples may not be able to afford the terms of settlement made before the global recession which consumed many jobs and, with that, the means of payment in divorce settlements. Don't let these tough times force you to live beyond your means or contemplate bankruptcy. My San Jose divorce lawyer offices can help you assess your divorce situation and solutions. My San Jose property division lawyer offices can help answer questions about division of assets as well.
Divorce automatically bankrupts hearts with stress, guilt or misgivings. Don't let it bankrupt your wallet as well.
Thursday, March 5, 2009
The Outcome of Same Sex Marriage in California
Today marked what many Californians may have considered a day of "reckoning", as the California Supreme Court took up oral arguments to decide the fate of Proposition 8 -- the same-sex marriage ban. Proposition 8, which prohibits same-sex marriage in California, was approved by voters last November in a narrow 52% to 48% margin. Subsequently, the highly controversial proposition was added to the California constitution to limit marriage to a man and a woman.
In May of 2008, the California Supreme Court justices had ruled a previous gay marriage ban as unconstitutional and thus legalized gay marriage in May 2008. While same-sex couples rushed clerks offices across the State to marry, same-sex marriage opponents wasted no time in gathering enough voter signatures to put a same-sex marriage ban on the November ballot. When approached by attorneys to prevent Proposition 8 from going to the ballot, the high court refused to hear the case, a case that would ultimately boomerang back to the same court and justices.
Today the California Supreme Court spent over 3 hours listening to and drilling into lawyers from both sides regarding the legality of how Proposition 8 was passed, whether the proposition violated separation of powers, and the ultimate fate of 18,000 same-sex marriages already performed last year. The California Supreme Court seemed visibly reluctant to invalidate the voter-approved proposition and, thus, trump the will of the people.
Regardless of the outcome, perhaps what lay more dubious is the fate of those 18,000 same-sex marriages performed during the brief 5-month period last year. Will the State of California recognize and validate those 18,000 same-sex marriage licenses, whether or not the Supreme Court upholds Prop 8?
And if California doesn't divorce its recognition of same-sex married couples, what impact would same-sex marriage have on areas of family law? How would same-sex marriage affect property rights, child support and custody, should a gay or lesbian couple decide to divorce?
My San Jose LGBT lawyer offices can help answer the confusing myriad of questions resulting from this relatively uncharted territory in family law. Our San Jose property division lawyer offices, San Jose divorce, separation and nullity lawyer offices, and San Jose child custody lawyer offices can help provide guidance and insight.
Whatever the result of the Supreme Court's ruling within the next 90 days, issues surrounding family and divorce law where same-sex couples are involved will most definitely be the subject of scrutiny and debate for years to come.
In May of 2008, the California Supreme Court justices had ruled a previous gay marriage ban as unconstitutional and thus legalized gay marriage in May 2008. While same-sex couples rushed clerks offices across the State to marry, same-sex marriage opponents wasted no time in gathering enough voter signatures to put a same-sex marriage ban on the November ballot. When approached by attorneys to prevent Proposition 8 from going to the ballot, the high court refused to hear the case, a case that would ultimately boomerang back to the same court and justices.
Today the California Supreme Court spent over 3 hours listening to and drilling into lawyers from both sides regarding the legality of how Proposition 8 was passed, whether the proposition violated separation of powers, and the ultimate fate of 18,000 same-sex marriages already performed last year. The California Supreme Court seemed visibly reluctant to invalidate the voter-approved proposition and, thus, trump the will of the people.
Regardless of the outcome, perhaps what lay more dubious is the fate of those 18,000 same-sex marriages performed during the brief 5-month period last year. Will the State of California recognize and validate those 18,000 same-sex marriage licenses, whether or not the Supreme Court upholds Prop 8?
And if California doesn't divorce its recognition of same-sex married couples, what impact would same-sex marriage have on areas of family law? How would same-sex marriage affect property rights, child support and custody, should a gay or lesbian couple decide to divorce?
My San Jose LGBT lawyer offices can help answer the confusing myriad of questions resulting from this relatively uncharted territory in family law. Our San Jose property division lawyer offices, San Jose divorce, separation and nullity lawyer offices, and San Jose child custody lawyer offices can help provide guidance and insight.
Whatever the result of the Supreme Court's ruling within the next 90 days, issues surrounding family and divorce law where same-sex couples are involved will most definitely be the subject of scrutiny and debate for years to come.
Thursday, February 26, 2009
Court Says No Kidney and No Money in NY Divorce Case
Following up on a previous post about a New York doctor demanding the return of one of his kidneys as compensation in his divorce settlement, the New York State Supreme Court has just spurned his demands for the return of his organ or for monetary compensation.
Dr. Richard Batista insisted last month on the return of a kidney he had donated to his wife Dawnell Batista before accusing her of extra marital affairs and subsequently divorcing her. If Dawnell refused to return the kidney, Richard Batista mandated $1.5 million as compensation.
State Supreme Court marital referee Jeffrey Grob stated that it is illegal to place a monetary value on an organ. Dawnell Batista's attorney agreed with Grob in that human organs "are not commodities that can be divided as property in a divorce." However, to the satisfaction of Richard Batista's lawyer, Grob's ruling does allow for "sacrifices, magnamity, and devotion" to be taken into account in settling the divorce case.
Most property division in my Santa Clara Family Law office is not as complex as this case. Property division is usually a cut and dry, numbers process. Most people are aware that California is a Community Property State.
Not sure about what property you are entitled to in a divorce? My San Jose property division law offices can transplant our knowledge to you and help you with an equitable division of property, saving one from a divorce costing an arm or a leg. (or kidney?)
Dr. Richard Batista insisted last month on the return of a kidney he had donated to his wife Dawnell Batista before accusing her of extra marital affairs and subsequently divorcing her. If Dawnell refused to return the kidney, Richard Batista mandated $1.5 million as compensation.
State Supreme Court marital referee Jeffrey Grob stated that it is illegal to place a monetary value on an organ. Dawnell Batista's attorney agreed with Grob in that human organs "are not commodities that can be divided as property in a divorce." However, to the satisfaction of Richard Batista's lawyer, Grob's ruling does allow for "sacrifices, magnamity, and devotion" to be taken into account in settling the divorce case.
Most property division in my Santa Clara Family Law office is not as complex as this case. Property division is usually a cut and dry, numbers process. Most people are aware that California is a Community Property State.
Not sure about what property you are entitled to in a divorce? My San Jose property division law offices can transplant our knowledge to you and help you with an equitable division of property, saving one from a divorce costing an arm or a leg. (or kidney?)
Friday, February 20, 2009
Dr. Phil Says No on Divorce Guest
Dr. Phil McGraw of the Dr. Phil show has apparently had the final word over a New York state Supreme Court judge regarding a 47-year old Westchester man appearing on his popular talk show to discuss his divorce.
James White, a real estate agent from White Plains, prepared to fly to Los Angeles to be on the show until his ex-wife Theresa Mazzella discovered his plan and took him to court. In court, Mazzella argued that White appearing on the show to discuss their divorce would do irreparable harm to her 2 sons (one 10 years old and the other 15) - and to herself. But State Supreme Court Judge Bruce Tolbert ruled that White could talk about his divorce on the show provided he didn't "disparage" Mazzella. However, in the end a spokeswoman for Dr. Phil responded, saying the show had never booked White as a guest.
White and Mazzella split 3 years ago but have since been locked in a arduous child custody battle. White lives with his two children while Mazzella lives separately and is accused by Mazzella of being behind on child support.
The epilogue of this story: divorce and custody battles can become unbelievable real-life dramas if not handled properly by both parties throughout the divorce process. My San Jose divorce law office can help provide guidelines on how to conduct your divorce, not just in process but also in approach. Our San Jose Child Custody office and San Jose Child Support office can also assist if your story involves child custody and support.
A divorce itself can generate sizable regrets. Don't allow room for further regrets (on or off camera) by contacting my San Jose divorce law firm today to learn how to handle your divorce properly.
James White, a real estate agent from White Plains, prepared to fly to Los Angeles to be on the show until his ex-wife Theresa Mazzella discovered his plan and took him to court. In court, Mazzella argued that White appearing on the show to discuss their divorce would do irreparable harm to her 2 sons (one 10 years old and the other 15) - and to herself. But State Supreme Court Judge Bruce Tolbert ruled that White could talk about his divorce on the show provided he didn't "disparage" Mazzella. However, in the end a spokeswoman for Dr. Phil responded, saying the show had never booked White as a guest.
White and Mazzella split 3 years ago but have since been locked in a arduous child custody battle. White lives with his two children while Mazzella lives separately and is accused by Mazzella of being behind on child support.
The epilogue of this story: divorce and custody battles can become unbelievable real-life dramas if not handled properly by both parties throughout the divorce process. My San Jose divorce law office can help provide guidelines on how to conduct your divorce, not just in process but also in approach. Our San Jose Child Custody office and San Jose Child Support office can also assist if your story involves child custody and support.
A divorce itself can generate sizable regrets. Don't allow room for further regrets (on or off camera) by contacting my San Jose divorce law firm today to learn how to handle your divorce properly.
Thursday, February 12, 2009
Valetine's Day Divorcees Find a Nice Way to Play
As Valentine's Day approaches, some couples in Texas calling it quits can choose to "play nice" with a new type of approach to divorce, according to a PR Newswire article.
More private and cost-effective than traditional divorce court, new "collaborative law" (CL) cases being suggested by attorneys allow divorces to happen outside the court system. Less contentious than traditional divorce court, such an avenue can prove beneficial to family relationships, especially where a divorce involves children or a couple-owned business.
On the flip side, an article in Texas Lawyer also talks about "reconciliation law" (RL). Through RL, a divorcing couple attempts to save the marriage however possible via a legally binding agreement to work on their relationship.
So what's the major difference between CL and RL? In CL, if the case cannot be settled, the attorneys must withdraw and let different attorneys take the case into court. With RL, the same attorneys can complete the case if the divorcing parties decide not to reconcile.
Are you thinking twice about your decision to divorce? Are you thinking about how to end your marriage peacefully? Let my San Jose divorce law offices help you determine what's involved and the best approach for you. My San Jose child custody and San Jose child support offices can also help if your divorce involves children.
For Valentine's Day or any day of the year for that matter, here's wishing every couple to "make nice," whether they stay together or not.
More private and cost-effective than traditional divorce court, new "collaborative law" (CL) cases being suggested by attorneys allow divorces to happen outside the court system. Less contentious than traditional divorce court, such an avenue can prove beneficial to family relationships, especially where a divorce involves children or a couple-owned business.
On the flip side, an article in Texas Lawyer also talks about "reconciliation law" (RL). Through RL, a divorcing couple attempts to save the marriage however possible via a legally binding agreement to work on their relationship.
So what's the major difference between CL and RL? In CL, if the case cannot be settled, the attorneys must withdraw and let different attorneys take the case into court. With RL, the same attorneys can complete the case if the divorcing parties decide not to reconcile.
Are you thinking twice about your decision to divorce? Are you thinking about how to end your marriage peacefully? Let my San Jose divorce law offices help you determine what's involved and the best approach for you. My San Jose child custody and San Jose child support offices can also help if your divorce involves children.
For Valentine's Day or any day of the year for that matter, here's wishing every couple to "make nice," whether they stay together or not.
Wednesday, February 4, 2009
Massachusetts Same Sex Marriage Couple Files for Divorce
The public face of same-sex marriage in Massachusetts became an appearance of divorce as one of the pioneering couples of same-sex marriage there called it quits after 4 years of marriage. Julia and Hillary Goodridge, along with six other LGBT couples, had filed a lawsuit in 2004 in Massachusetts, making the state the first in the nation to allow same-sex marriages.
According to a source close to the two lesbian women, the two realized they had less in common after they got married in 2004 and filed for divorce last week. After 20 years of being together and 4 years of marriage, they simply grew apart like all straight and gay couples.
Here in California, same-sex marriage and LGBT domestic partnership issues continue to be in the public forefront with the California Supreme Court's upcoming review of Proposition 8 regarding legalizing same-sex marriage. A ruling is expected between March and June of this year.
In my San Jose Family Law offices I work with LGBT clients to ensure that their legal needs are served with compassion and dignity. If you are thinking of starting a domestic partnership or wish to end one, proper legal planning is key. Our San Jose domestic partnership and San Jose LGBT lawyer services will effectively represent your concerns and ensure that your valuable legal rights are preserved and enforced. Call me today to schedule an appointment.
Sources: AP News: Mass. Couple who led Gay Marriage Fight to Divorce, Landmark Gay Couple Files for Divorce
According to a source close to the two lesbian women, the two realized they had less in common after they got married in 2004 and filed for divorce last week. After 20 years of being together and 4 years of marriage, they simply grew apart like all straight and gay couples.
Here in California, same-sex marriage and LGBT domestic partnership issues continue to be in the public forefront with the California Supreme Court's upcoming review of Proposition 8 regarding legalizing same-sex marriage. A ruling is expected between March and June of this year.
In my San Jose Family Law offices I work with LGBT clients to ensure that their legal needs are served with compassion and dignity. If you are thinking of starting a domestic partnership or wish to end one, proper legal planning is key. Our San Jose domestic partnership and San Jose LGBT lawyer services will effectively represent your concerns and ensure that your valuable legal rights are preserved and enforced. Call me today to schedule an appointment.
Sources: AP News: Mass. Couple who led Gay Marriage Fight to Divorce, Landmark Gay Couple Files for Divorce
Subscribe to:
Posts (Atom)
