Family Law Prof Blog

Editor: Margaret Ryznare
Indiana University
Robert H. McKinney School of Law

A Member of the Law Professor Blogs Network

Thursday, May 31, 2012

NY Divorce Laws

From the Wall Street Journal:

A state commission tasked with reviewing a contentious aspect of New York's divorce reform laws is four months behind in delivering an expected report, raising concerns that lawmakers will have little time to address recommendations before their session ends in June.

The independent Law Revision Commission now expects to submit its report May 31. Though the commission's suggestions aren't binding, several legislators have said they are waiting for the report before proposing amendments.

The law was one of a package of 2010 reforms that made New York the last state in the country to adopt no-fault divorce. It set a strict formula for awarding temporary alimony, the money one spouse gives the other during the divorce process.

Since its passage, the statute has come under criticism from many lawyers in the state, who say that the formula may work well for lower-income spouses with few assets but frequently produces lopsided awards for wealthier couples with more complex financial situations.

Read more here.

MR

May 31, 2012 in Current Affairs, Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Wednesday, May 23, 2012

Separation & Divorce Statistics

From USA Today:

SAN FRANCISCO — About 79% of married couples who separate end up getting divorced, suggest new estimates of the incidence and length of separations.

"Separation is very common and is more common than immediate divorce," said researcher Dmitry Tumin of Ohio State University at a presentation at the annual meeting of the Population Association of America, which ended Sunday. "Most separations last one year or less, but a few drag on a decade or more before ending in divorce. Other separations stay unresolved."

"The decision to separate is driven by time spent in the first marriage, and for women, by the presence of young children," Tumin said. He co-authored the research with sociologist Zhenchao Qian, also of Ohio State.

Read more here.

MR

May 23, 2012 in Divorce (grounds) | Permalink | Comments (4) | TrackBack (0)

Thursday, March 22, 2012

Happy Newlyweds Ultimately Unhappy Divorcees

From the Huffington Post:

In recent years, there have been several studies that suggest that some happy and satisfied newlyweds were still getting divorced. Paul Amato and Bryndl Hohmann-Marriott's 2007 research is one such example; they found that there was a surprising number low-distress couples that were splitting up.

Read more here.

MR

March 22, 2012 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 20, 2012

Religious Divorce

From the NYT:

CHICAGO — Before a packed house of 350 men and women at a Jewish educational center, Beverly Siegel suggested three questions that religious Jewish women should ask before divorcing: “Do I get a get? Do I not get a get? Hmm, what kind of get should I get?”

Ms. Siegel, a Chicago filmmaker, was screening her 2011 documentary, “Women Unchained,” about Jewish women whose husbands refuse to give a religious divorce known as a get. Less religious Jews divorce with no thought to the get. But in traditional Judaism, the husband may withhold the divorce. The women are considered agunot, or “chained wives.” A recent survey found that between 2005 and 2010, there were 462 cases of agunot in North America.

Even if she has obtained a civil divorce, a chained wife, or agunah, cannot remarry within the faith. If she does, children from her new marriage carry a stigma forever. In exchange for a get, husbands often demand reduced alimony, favorable child-custody arrangements, even cash payouts.

Read more here.

MR

March 20, 2012 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Tuesday, March 13, 2012

Couples in Turkey Divorce to Receive Parents' Pensions

News from Turkey in the World Bulletin:

The Social Security Institution (SGK) has received more than 6,000 tip-offs over the past 15 months that couples divorce on a consensual basis in order to receive a deceased parent's pension, according to an SGK report.

...

SGK inspectors have established that a great majority of tip-offs proved to be accurate in their claims and that numerous couples indeed continue to live together despite being divorced. The couples do so in order to receive the pensions of a deceased parent as unmarried women by law receive a parent's pension.

Read more here.

MR

March 13, 2012 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Saturday, February 11, 2012

Prison Release in Exchange for Divorce

From UPI.com:

Israel's supreme rabbinical court of appeals upheld a ruling to keep a man imprisoned until he grants his wife a bill of divorce.

Meir Gorodetzki was sent to prison by the court for refusing to give his wife a divorce, or "get," in 2001, The Jerusalem Post reported Monday.

The maximum sentence for the offense is 10 years imprisonment.

Read more here.
MR

February 11, 2012 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Friday, February 3, 2012

Alimony in the Case of Two Husbands, but Not Bigamy

From UPI.com:

NEW YORK, Jan. 16 (UPI) -- A New York woman who wound up with two husbands at the same time can keep the support payments from her first husband, court records show.

A recent court decision said husband No. 1, Daniel Silber, can stop paying $60,000 in annual support, but Eda Silber, 37, of Long Island can keep the $300,000 she's already been paid, the New York Post reported Monday.

And even though Eda Silber married husband No. 2, George Frenkel, before her divorce from Daniel Silber became final, she's not a bigamist under law because there was no state marriage license involved in her second wedding, the court said.

Read more here.
MR

February 3, 2012 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Tuesday, January 17, 2012

CO Divorce Waiting Period Proposed

From the Denverpost.com:

A state lawmaker who wants to make it more difficult for parents to divorce said he initially had no idea that legislators a decade ago killed a similar proposal dubbed the "Dr. Laura" bill.

Sen. Kevin Lundberg, R-Berthoud, said he believes his proposal stands a better chance because it makes exceptions, such as in cases of domestic violence or sexual abuse.

The bill would require parents who have minor children and are considering divorce to first undergo educational instruction "that tells them how this impacts their children," he said. Then there would be a waiting period before filing for divorce.

"We have made it just too easy to bail out of a marriage," Lundberg said.

Read more here.

MR

 

January 17, 2012 in Divorce (grounds) | Permalink | Comments (2) | TrackBack (0)

Monday, January 16, 2012

In Malaysian News...

From the StarOnline:

A TRAINING manager in Kuala Lumpur was fined RM500 by the Syariah Court for divorcing his wife inside a car on his birthday three years ago, reported Harian Metro.

Hasbullah Hashim, 53, was charged under Section 124 of the Islamic Family Law Act for divorcing outside the court without permission.

Read more here.

MR

January 16, 2012 in Divorce (grounds) | Permalink | Comments (2) | TrackBack (0)

Tuesday, January 10, 2012

British "HP Divorces"

From the UK Financial Times:
People have long spread the pain of buying fridges, televisions and cars by paying in instalments. Now, many are bringing the same principle to the cost of divorce.

The number of cases ending in staggered payments rather than one-off settlements has risen by 50 per cent since 2008, when the financial crisis first began biting, according to Pannone, a Manchester-based law firm.

The practice has been dubbed “HP divorce” after the hire purchase agreements typically used to buy expensive consumer goods. Increased economic turbulence, job insecurity and the drying up of credit has fuelled growth in the phenomenon.

Read more here.

MR

January 10, 2012 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Friday, December 2, 2011

Divorce in China

From the Telegraph:

There is no doubt that marriage is in crisis in China.

Once a dirty word, divorce is now so commonplace that in the first half of 2011 almost one million marriages ended, a jump of 17.2 per cent on last year according to the Ministry of Civil Affairs.

Amongst Mrs Yang's generation, the 18-30 age group, and in the major cities, around one-third of all marriages fail. But it is not just the young and the metropolitan middle classes who are walking away from wedded bliss. In the first quarter of 2011, the biggest rise in divorces was in the southwestern province of Sichuan and eastern Shandong Province.

Read more here.

MR

December 2, 2011 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Tuesday, October 4, 2011

Anatomy of First Divorce Cases in Malta

From Times of Malta:

Eleven people filed for divorce yesterday, the first day the Family Court opened its doors to accept applications since the law came into force on Saturday.

Nine of the applicants were already legally separated while the other two were in the process of separating and requested that the proceedings be converted into a divorce case, a Family Court spokesman said.

The 11 cases were filed by the same four lawyers between 9 a.m. and 3 p.m. The first case submitted yesterday came with teething problems as a lawyer forgot to submit relevant information and had to resubmit the application again later on in the day.

Read more here.

MR

October 4, 2011 in Divorce (grounds) | Permalink | Comments (3) | TrackBack (0)

Thursday, August 25, 2011

Divorce in the South

From CNN.com:

While the Bible Belt is known for its devotion to traditional values, Southerners don't do so well on one key family value: They are more likely to get divorced than people living in the Northeast.

Southern men and women had higher rates of divorce in 2009 than their counterparts in other parts of the country: 10.2 per 1,000 for men and 11.1 per 1,000 for women, according to a new report from the U.S. Census Bureau released Thursday.

By comparison, men and women in the Northeast had the lowest rates of divorce, 7.2 and 7.5 per 1,000, which is also lower than the national divorce rate of 9.2 for men and 9.7 for women.

...

Values about premarital sex associated with the Bible Belt and rural America may be encouraging people to marry early, at ages when they are likely to have less education and less income to support a long-lasting marriage, according to Naomi Cahn, law professor at The George Washington University Law School and co-author of "Red Families v. Blue Families: Legal Polarization and the Creation of Culture."

"There's a moral crisis in red states that's produced by higher divorce rates and the disparity between parental values and behavior of young adults," said Cahn. "There is enormous tension between moral values and actual practices."

Read more here.

MR

August 25, 2011 in Divorce (grounds) | Permalink | Comments (3) | TrackBack (0)

Tuesday, August 2, 2011

Divorce Expressway

From wbtv:

CHARLOTTE, N.C. (WBTV) -- Could your commute be bad for your marriage? According to a new study from Umea University,  long distance commuters could be traveling a highway to divorce.

The study found long-distance commuting increases the risk of divorce by 40-percent. It also found most long-distance commuters are men, and when the husband commutes, the wife often takes lower-paying or part-time jobs closer to home and takes on a larger share of the household responsibility.

Women who commute long distances feel more stress, time pressure and less successful at work. Not surprisingly, the study found income and careers benefit from commuting, but the social costs should be considered.

Read more here.

MR

 

August 2, 2011 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Tuesday, July 26, 2011

NY Divorces Up 12% Since No-Fault Introduced

From the Business Review:

Attorneys have seen early signs of the impact of “no-fault” divorce. Last fall, New York became the last state to approve that avenue for ending a marriage.

...

Divorce filings rose 12 percent in the first seven full months the laws were in effect, compared with the same time period before, according to state court data.

Read more here.

MR

 

 

July 26, 2011 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)

Tuesday, July 5, 2011

Gay Divorces in NYC

From the New York Post:

Wedding planners aren't the only ones riding the gay-marriage gravy train.

Lawyers, too, are expecting a bonanza -- from gay divorce.

...

"The same issues present themselves with same-sex couples: How do we split assets? What do we do with the children?" Clement said. "The law doesn't change merely because you have same-sex partners."

Mere months after Massachusetts passed its same-sex marriage bill in 2004, gay couples began filing for divorce -- sometimes having to use outdated forms that still listed "husband" and "wife."

Read more here.

MR

July 5, 2011 in Divorce (grounds) | Permalink | Comments (3) | TrackBack (0)

Monday, June 27, 2011

Unmarried but Divorced

From TwinCities.com:

If one person in a relationship believes the couple is married and the other says they're not, what does the law say?

A Maplewood woman divorcing her husband of 18 years argued she should be treated as a spouse because she had a "good-faith belief" that they were legally married.

Initially wed in the Hmong tradition, Su Xiong and Choa Yang Xiong described themselves as husband and wife, obtained a marriage license and filed taxes and bought houses and insurance together as a married couple.

They did not, however, get a marriage certificate. The husband, Su Xiong, argued in court that this meant they were not legally married.

But the state Court of Appeals agreed with a Ramsey County district judge this week that the woman was a "putative spouse" under Minnesota law, with all the benefits that implies.

Read more here.

MR

 

June 27, 2011 in Divorce (grounds) | Permalink | Comments (2) | TrackBack (0)

Tuesday, June 14, 2011

Divorce in Philippines

From PhilStar:

MANILA, Philippines (Xinhua) - Congress began this week a heated debate on the issue of legalizing divorce, but many social scientists believe it hard to achieve in this majority Catholic country at present.

The Philippines and the Vatican are now the only places in the world to ban divorce, after Malta voted to remove its ban on divorce on May 31.

The Philippine House committee on revision of laws kicked off its deliberations on the controversial divorce bill, with pro- and anti-divorce lawmakers facing off on the issue of legalizing divorce in the country.

One of the authors of the bill, women's party list group Gabriela believes that the existing laws on marriage are not enough, and legalization of divorce will help many couples and families suffering from failed marriages.

Read more here.

MR

 

June 14, 2011 in Divorce (grounds) | Permalink | Comments (4) | TrackBack (0)

Monday, June 13, 2011

Malta Legalizes Divorce

From ABC News:

A weekend referendum in the Mediterranean island of Malta found majority support for the introduction of divorce laws.

But it was a tight win for the pro-divorce movement, with just over 53 per cent voting in favour of the referendum.

The result was announced...by Malta's prime minister, Lawrence Gonzi, who had campaigned heavily against the introduction of divorce.

"The majority result in favour of divorce is not the result that I'd hoped for," he said.

"But the will of the people has to be respected and parliament should enact a law for the introduction of divorce."

The referendum asked whether divorce should be legalised "in the case of a married couple who has been separated or has been living apart for at least four years and where there is no reasonable hope for reconciliation between the spouses, whilst at the same time ensuring that adequate maintenance is guaranteed and the welfare of the children is safeguarded".

Read more here.

MR

 

June 13, 2011 in Divorce (grounds) | Permalink | Comments (3) | TrackBack (0)

Friday, June 10, 2011

Video Games Causing Divorces

From Deseret News:

Last year, Divorce Online reported that men paying more attention to their video games than their spouse was the cause of 5 percent of divorces. The number jumped up to 15 percent this year.

Read more here.

MR

June 10, 2011 in Divorce (grounds) | Permalink | Comments (1) | TrackBack (0)