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British man forced to sell his 'Star Trek' apartment

2012-02-03T18:57:11Z

A British man who remodeled his apartment to feature an interior built in the image of a "Star Trek" spaceship is now being forced to sell the property. Property division experts note that the man's wife, from whom he has been separated since 1994, has decided she wants to sell the property, forcing him out of his dream home.

Tony A. -- a nightclub DJ and lifelong science fiction fan -- said recreating the interior design in a new apartment would cost him at least 100,000 British pounds, or more than $150,000 in American dollars.

"To say I'm gutted is an understatement. It is my life's work," said Tony A. "I admit there were tears."

It is worth noting that Tony A. spent so much money to realize his "Star Trek" theme dream that he almost filed for bankruptcy back in 2006.

]]> At one point, Tony A. was actually intending to sell the apartment, but decided that he simply couldn't transport himself away from it.

The apartment's design features include panels that can be removed to access accessories such as the microwave and a mock transporter room. The remodel was initially performed in 1997 to resemble the Star Trek Enterprise from "Star Trek: The Next Generation," but Tony A. later redesigned the space to emulate the Star Trek Voyager.

"Most people thought I was barmy," said Tony A. in a 2007 television interview "I mean, you could go spend the time down the pub or in a nightclub or whatever ... I decided to live in a spaceship."

Tony A.'s forced sale highlights the potential property division issues that can arise between couples who are separated but not divorced, as well as divorced couples who continue to co-own major assets together.

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

MSNBC Entertainment, "Divorce forces man to beam out of 'Star Trek' home" Jan. 26, 2012

Groups debating creation of Texas divorce forms

2012-01-31T16:23:59Z

Last year, the Supreme Court of Texas formed a new investigative body called the Uniform Forms Task Force to create standardized divorce forms that were both comprehensible and easy for litigants to fill out.

Here, the primary goal was not only to help indigent parties secure access to the courts but also help Texas move into line with the 37 other states that currently allow parties to fill out a relatively simple form to initiate divorce proceedings.

The problem for many indigent litigants appeared to be that they would often purchase forms for a relatively low price from certain legal websites or even download them for free from state legal aid websites only to run into problems at county courthouses. Specifically, these courts might not accept them.

Now, it appears as if the Supreme Court of Texas is on the cusp of approving the forms created by the task force. However, not everyone is pleased with this development.

]]> A few weeks ago, the board of directors of the State Bar of Texas approved a motion asking the Supreme Court to postpone the work of its task force while it performs its own study of the issue -- via a separate commission -- over the next six to nine months.

Here, the purpose would be to determine whether new forms are really the right solution.

Not surprisingly, the request was met with some outrage by legal advocacy groups who claim that while the task force's forms are certainly not perfect, they are much easier to understand and can help indigent people in their efforts to secure a no-frills uncontested divorce.

"Do you want volunteer lawyers taking uncontested cases, or do you want lawyers handling cases that are contested and more complex to bring their full force of knowledge to someone who's involved in a really complex case," said Patricia McAllister of the Texas Access to Justice Commission.

It remains to be seen how this important issue will be resolved ...

The following post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for developments from our Tarrant County divorce blog ...

Source:

The Texas Tribune, "Some family lawyers oppose creating divorce forms" Jan. 24, 2012

Delhi urging Norway to reunite Indian parents with children

2012-01-27T15:39:20Z

The Indian government is putting pressure on Norway to reunite Indian parents with their two children after child welfare services split up the family and placed the children in foster care. The custody battle is a complex one that pits Norwegian law against widely practiced tenets of Indian culture.

The Indian parents lost custody of their children eight months ago when Norwegian officials took issue with the children being fed from their parents' hands and sleeping in a family bed. The children, who are three and one years old, have since been living with foster families while the Indian parents attempt to win back their parental rights.

Family bed and feeding by hand are seen as important bonding stages between children and their mother. The Indian Foreign Minister has already called out his Norwegian counterpart and demanded a quick resolution to reunite the family.

]]> An employee for Child Welfare Services in Norway rejected the notion that the case is rooted in prejudices against or misinterpretations of Indian culture. The employee insisted that the actions of the agency were required procedure intended to protect children in adverse situations.

"The Child Welfare Service has a responsibility to intervene if measures in the home are not sufficient to meet a child's needs," said the official. "Examples are when a child is mistreated or subjected to other serious abuses at home, or when there is every probability that the child's health or development may be seriously harmed because the parents are incapable of taking adequate responsibility for their child."

The Indian parents have been fighting an uphill legal battle since losing custody. In fact, they have already lost a case in a lower court and are now relying on the Indian government to step in and force Norway to resolve the matter.

Meanwhile, the Indian government recently issued a statement declaring that the children are being denied important ethnic, religious, and cultural influence and experience, and such deprivation could be deeply affecting.

In addition, India's Foreign Minister S.M. Krishna condemned Norway's actions, indicating that they have been extreme even by its own standards.

"[G]iven the children's young age, removal from the care of natural parents and to be placed in foster care till they turn 18... is an extreme step which should normally be taken as a last resort," he said.

Stay tuned for developments on this story from our Tarrant County divorce blog ...

If would like to learn more about child custody or visitation, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Google News, "Reunite Indian kids with parents, Delhi urges Oslo" Jan. 23, 2012

Building, repairing and managing post-divorce credit

2012-01-25T15:35:40Z

The ability to move forward after a prolonged divorce can be truly gratifying. While you'll undoubtedly have to adjust to new circumstances, you will no longer have to spend time worrying about how property division, child support and other vital divorce issues will unfold.

However, while you may be tempted to put your feet up and take a much-needed mental break from examining any divorce-related matters, it's important not to end up overlooking certain areas over the long run.

One area in particular that divorcees will want to consider devoting some attention to is repairing or even establishing their own credit after a divorce. For example, a spouse who is obligated to make payments on a jointly held account in the divorce agreement may potentially fail to do so, damaging both parties credit in the process. Alternatively, it could be that a spouse has never had any financial/credit accounts in their name whatsoever.

Today's post -- the first in a series -- will briefly examine some basic steps offered by financial experts for building credit in the wake of a divorce.

]]> Obtain a copy of credit reports

Financial experts recommend that you obtain a copy of your credit report from Equifax, Experian and TransUnion. (Under federal law, a person is allowed to access them once a year for free).

These credit reports will provide a very accurate picture of exactly where you stand in terms of your overall financial fitness and your credit score. They will also enable you to ensure that your former spouse isn't running up large tabs on any jointly held credit cards (something that can affect your credit score) and/or that there are no late payments/collection accounts to address.

Address any errors on your credit reports

Financial experts recommend taking a close look at the information found on the credit reports -- personal data, employment history and credit history -- to ensure everything is as it should be. Believe it or not, banks, creditors and other third parties sometimes make reporting errors that can end up being significant further down the road.

Accordingly, experts advise divorcees to use the online dispute forms provided by Equifax, Experian and TransUnion to request that certain corrections be made.

To be continued ...

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal or financial advice.

Source:

Fox Business, "Square one: How to build credit after divorce" Jan. 24, 2012

Research supports January's title as "Divorce Month"

2012-01-20T20:09:16Z

Although January's title as "Divorce Month" has always been bandied about as an occupational joke among divorce attorneys, new statistics are suggesting there's some validity to the title.

According to statistics compiled and released by eDivorcePapers.com, January leads all months of the year in terms of the number of divorces filed.

One attorney said that the influx of new divorce filings in January put a strain on the lawyers handling the cases, adding so much of a workload that "some attorneys take the last two weeks of the year off to get ready for the rush."

According to the Legal Services Commission, a specific day for the greatest number of filings can also be identified: the Monday of the week that kids return to school after their winter break.

]]> One divorce expert, who operates a divorce consulting company and a website providing information, said her website sees a big bump in hits the day after Christmas. However, she said because many attorneys take the holidays off, these spouses typically have to wait until the end of the holidays before starting the divorce process.

The exact reasons for this trend are unknown, but one prevailing theory is that discontented spouses want to have one last happy holiday before splitting up the family. The end of the year is also a time when people reflect on their lives and make goals for the future, and it could result in some of them giving themselves ultimatums to follow through with a dissolution of marriage.

In addition, a person's marital status when filing taxes is based on their marital status on December 31. Accordingly, delaying a filing into the new year can potentially save individuals money.

What are your thoughts on these findings?

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or post-divorce issues, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Huffington Post, "January: More divorces than any other month?" Jan. 4, 2012

Feeling guilty? Your divorce may go a little easier ...

2012-01-18T21:53:45Z

Any couple going through a divorce is bound to experience a variety of emotions from sadness and anger to anxiety and even guilt. However, does this last emotion -- guilt -- somehow serve to make the divorce proceedings progress in a much more smooth and altogether amicable manner?

According to researchers at Ghent University in Belgium, the answer is a resounding yes.

These researchers recently published an intriguing and innovative study in the Journal of Social and Personal Relationships examining the impact that certain negative emotions had on divorce.

Specifically, they looked at 457 divorcing couples who were an average age of 43.5, and whose marriages lasted an average of 15.5 years to determine how feelings of guilt and shame affected their divorce proceedings.

In regard to guilt, the researchers found that it actually fostered greater cooperation among the former spouses, with the suffering party more amenable to resolving issues peacefully than engaging in a prolonged legal battle.

]]> "The stronger a person's feeling of guilt, the more he or she will accommodate the other, and try to find a good solution for both parties," said Anne Wietzker, one of the primary authors of the study. "He or she will also be less intimidating toward the other and will [be less likely] to force his or her will on the other."

Here, the authors describe a guilty spouse as being imbued with the "action tendency" of appeasement.

In regard to shame, the researchers found that it actually fostered less cooperation among spouses, with the suffering party more likely to seek a prolonged legal battle.

"The stronger a person's feelings of shame, the more conflict-avoiding and/or forcing or intimidating behavior the person will show," said Wietzker.

Here, the authors describe a shamed spouse as being imbued with the action tendency of retreat.

What are your thoughts on this study?

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or divorce mediation, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Canada.com, "Feeling guilt leads to greater cooperation in divorce proceedings: Study" Jan. 16, 2012

Deciding who gets family dog no easy decision during a divorce

2012-01-13T14:20:15Z

It's never easy to handle property division in a divorce. But the matter of dividing property between former spouses can be even more challenging when pets are involved.

According to a recent story on Petside.com, pets are placed in the same category as household items like furniture when couples are dividing assets during divorce proceedings. In some cases, then, the debate can get heated when both soon-to-be-former spouses want custody of the family dog, cat or other pet.

According to the story, courts typically consider the person who registered the pet with the city or the person who is listed as the pet's owner during the vaccination process to be the lawful owner of an animal. This method of determining ownership, though, is hardly foolproof. As the story says, in many cases, one spouse may be listed as the owner on city records while another may be listed on veterinary or microchip records.

]]> In such instances, the courts handle pet ownership much like they do child custody decisions: They'll try to place the pet in the home that is in its best interests.

In most relationships, one spouse tends to spend more time with the family pets, whether that means taking the dog for a walk each morning or spending more hours dangling yarn in front of the cat's face.

The Petside story, though, says that courts will consider other factors, too. If one spouse has a history of domestic violence, courts may hesitate to place the family dog with him or her. The thought is that this spouse might be more likely to mistreat the family pet. Spouses with gambling or drug abuse problems might not receive custody of the family pet, either.

Here, divorcing couples may be best served by working together to make sure that their family dog or cat is placed in the best possible home following a divorce.

Stay tuned for developments from our Tarrant County divorce blog ...

If you would like to learn more about divorce or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

Petside.com, "What happens to pets after divorce" Dec. 2011

Understanding your options: A brief look at annulments

2012-01-09T21:10:07Z

Those couples who are considering ending their marriage may be uncertain as to what their options actually are. For instance, they may wonder if they are better candidates for divorce or better candidates for an annulment. The simple truth is that every couples' circumstances are unique, and that an annulment may not be the best option or even be possible.

Today's post will take a brief look at annulments, providing some very basic background information designed to clarify some common misconceptions.

Divorce vs. annulment

Simply put, a divorce means that a marriage took place in the eyes of the law, and that it had both a definitive beginning and end. An annulment, on the other hand, makes the marriage null and void, meaning that it never even existed in the eyes of the law.

Grounds for an annulment

Contrary to popular belief, it is not altogether easy to secure an annulment. Typically, a couple must meet certain grounds established by the state such as fraud or concealment by one spouse, or lack of consent.

In addition, many of these grounds for an annulment are subject to strict time limits in certain states, meaning if enough time has passed, you may not be able to claim that particular ground for an annulment.

]]> Financial advantages of an annulment

The financial advantage of an annulment is that it puts both parties in the same position -- in terms of both property and debt -- as they were prior to entering the marriage. What you enter the marriage with, is typically what you leave with.

An annulment and joint debt

Even though an annulment will typically return each party to their prior financial state, it must be noted that both parties will remain equally responsible for any jointly acquired debt. Consequently, such debt is typically divided equitably or perhaps even equally in the event an annulment is granted.

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or an annulment, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

CreditCards.com, "Annulment vs. divorce: How it impacts finances" Dec. 30, 2011

Italian couple calls it quits after 77 years of marriage

2012-01-07T19:24:27Z

If asked to define the type of couple typically involved in a complex divorce, most people would probably describe a relatively wealthy husband and wife with several children who have accumulated significant debts and assets over the course of their marriage. While this is certainly accurate, another description may simply involve a couple who has been married for many, many years.

To illustrate, consider a recent messy case out of Italy, where an elderly couple is now poised to become the world's oldest divorcees.

The 99-year-old man filed for divorce after 77 years of marriage upon discovering letters that his wife wrote to a secret lover back in the 1940s. The couple had originally met in Naples, where the wife lived back in the 1930s when the husband was stationed as a Carabinieri officer.

Interestingly enough, this is not the first time the husband has contemplated divorce.

]]> According to reports, the elderly man left his wife ten years ago and moved in with one of his sons. That separation lasted just a few weeks, however, and the couple reconciled and lived together until just before this past Christmas, when the husband discovered the cache of letters in an old chest of drawers. His wife confessed to the affair and sought forgiveness, but the husband is nevertheless intent on getting a divorce.

The couple has five children, twelve grandchildren and one great-grandchild. As previously mentioned, theirs is believed to be the longest-term marriage ever to end in divorce.

Interestingly, the Italian press has attributed the elderly couple's irreconcilable differences to regional personality traits. The couple is from Southern Italy, where citizens are thought to have hotter tempers.

Before the Italian couple filed for divorce, the distinction of being the oldest husband and wife to get divorced was previously held by a 98-year-old couple from the United Kingdom who divorced in 2009 after 36 years of marriage. It was the second marriage for both.

If you would like to learn more about complex divorce, spousal maintenance, child support or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Stay tuned for more from our Tarrant County divorce blog ...

Source:

The Telegraph, "99-year-old divorces wife after he discovered 1940s affair" Dec. 8, 2011

Former NBA great facing child support woes

2012-01-05T19:56:48Z

From Los Angeles Lakers star Kobe Bryant to former Dallas Cowboy great Deion Sanders, it seems as if the sports section of nearly every major newspaper has carried some sort of item discussing the impending divorce of a famous athlete over the last few weeks. In fact, these types of sports stories don't seem to be confined to just divorce but other areas of family law as well.

To illustrate, consider the case of former NBA superstar Antoine Walker who was summoned to a Chicago courthouse in late December over his failure to pay child support and tuition.

According to court documents filed by Donna G., the mother of Walker's 13-year-old daughter, he has not paid his monthly child support amount of $4,195 in over two years and owes his daughter's school $27,817 in unpaid tuition.

In fact, Donna G. also presented a letter from the University of Chicago Laboratory School indicating that unless the amount is paid, the daughter will no longer be allowed to attend.

"It's not about him, it's just for my daughter's education," said Donna G., who has been working in real estate to try to make the tuition payments. "I just want her to stay in school. I don't want her to have to transfer. Her education is important, and it's not being treated like it's important."

]]> Complicating matters is the fact that Walker is currently involved in bankruptcy proceedings. In fact, the Cook County judge informed Donna G. that he could take no action regarding the child support arrears and unpaid tuition until a federal judge indicates that her case can proceed while Walker is still in bankruptcy court.

Walker originally filed for Chapter 7 bankruptcy back in May 2010, citing $4.2 million in assets and $12.7 million in liabilities. Bankruptcy documents indicate that the majority of these liabilities can be traced to poor real estate investments and extensive gambling losses at multiple casinos across the country.

Walker played for several NBA teams over his 13-year career, including a stint with the Dallas Mavericks. He was a three-time All Star and won an NBA championship with the Miami Heat back in 2006. He officially retired in 2008, and was recently playing with a team in the NBA Development League in Boise, Idaho.

His estimated earnings during his NBA career were reported to be in the neighborhood of $110 million.

It remains to be seen how the federal judge will rule on this matter.

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce or child support, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Chicago Tribune, "Antoine Walker accused of not paying child support, tuition" Dec. 23, 2011

Divorce, child custody and celebrating the holiday season

2011-12-26T13:50:52Z

With Christmas now a few days behind us, many parents are undoubtedly breathing a sigh of relief and taking a few seconds to rest from their hectic - but ultimately fulfilling - holiday schedule. While the holidays are a wonderful time to celebrate with children, they can also sometimes prove to be a bit stressful for divorced families. This is largely because both children and parents must adapt to new routines and the emotional toll of spending time apart from their loved ones.

In light of this difficulty, family experts have offered a few simple tips for helping parents and children of divorce successfully manage some of this stress and enjoy the holiday season.

Establish new traditions/routines

Family experts recommend that parents take the time to establish new holiday traditions. This not only helps to make the celebration fun for the children, but also helps alleviate any anxiety or sadness they may be experiencing. Furthermore, it can help create a sense of excitement/anticipation for next year's festivities.

To illustrate, parents who don't actually get to spend Christmas with their children may want to pick a day or two around the holidays (if possible) to spend time together, perhaps opening presents, decorating the tree, making cookies or driving around to look at Christmas lights.

]]> Celebrate together

Many couples who decide to end their marriage are understandably not on the best of terms. However, there are still many other couples who ended their marriage amicably and have maintained a good relationship since the split.

Here, family experts suggest that these couples consider coming together to celebrate the holidays with their children. This can mean something as simple as coming together for Christmas morning brunch or even gathering for a round of presents.

This approach can introduce much-needed stability into a child's post-divorce life and foster a sense of belonging.

Still, family experts advise that this approach may not work (or even be legally permissible) for all couples.

Be friendly

Remember that even though your children may not be showing it, they may be experiencing some anxiety/sadness around the holidays. Consequently, family experts recommend that you and your spouse treat each other with both patience and respect.

This can help make the holiday season all the more enjoyable by avoiding the aggravation of prolonged fighting. Even more important, you will free your children from the anxiety associated with your fighting and allow them to focus on having fun.

Stay tuned for more from our Tarrant County divorce blog ...

If you would like to learn more about divorce, divorce mediation or child custody/visitation, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice.

Source:

The Huffington Post, "Holiday divorce advice: 10 tips for weathering the Holidays post-split" Nov. 2011

Former spouse sues over $4 million paid to her wrongfully-imprisoned ex-husband

2011-12-19T21:18:45Z

It was bad news, followed by good news, followed by bad news for a Texas man previously sent to prison for very serious crimes. Steven P. spent 25 years in prison after being wrongly convicted of a series of rapes - but he was innocent. After his quarter century behind bars, however, DNA evidence definitively proved he wasn't the one who committed the crime. In 2008, he was exonerated and the state paid him $4 million for his wrongful imprisonment. That was the good news. Then his ex-wife sued him, claiming she was entitled to a share of this money - the first time ever that a Texas property division case has involved money paid to compensate an ex-prisoner who was wrongfully convicted.

According to news reports, Steven P. and his former wife, Traci T., were married for 10 years and have a child together. They ultimately divorced in 1991 and Traci T. has since remarried.

She indicated in an affidavit that Steven P. had pushed her away and asked her for the divorce. Steven P., on the other hand, said he didn't see much of her after the first few years that he was in prison.

]]> "She's been with a guy for 20, 25 years, said Steven P. in a recent interview. "They're married and have a child now. She didn't do that time. She didn't visit me down in prison or take care of me."

The wife's attorney is claiming that the $4 million paid to Steven P. was, in part, for his lost wages, so it should therefore count as community property to which she would have otherwise been entitled during any divorce settlement. The husband's attorney on the other hand scoffed at this notion, referring to the award not as lost wages, but rather like "winning the lottery 20 years after a divorce."

Because there has never been a case like this before, there is no case law to help guide the court in deciding whether a former spouse has the right to claim part of the compensation paid to an innocent prisoner. It should be interesting to see how this all plays out.

Stay tuned for developments from our Tarrant County divorce blog ...

If you would like to learn more about complex divorce, property division or prenuptial agreements, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The Dallas Observer, "Exoneree's ex-wife takes him to court for a piece of the millions he got from the state" Dec. 12, 2011

U.K. divorce rate is on the rise

2011-12-16T14:42:56Z

Divorce is officially on the rise in England and Wales, according to recently published data provided by the Office for National Statistics. Specifically, the number of divorces granted during 2010 reached 119,589, a five percent increase from 2009.

The data also reveals that most U.K. marriages fail when couples are in their early forties. In fact, one-third of all marriages end in divorce before the couples celebrate their 15th wedding anniversary -- a statistic that included only one-fifth of all marriages during the 1970s.

The average life of a U.K. marriage now sits at a mere 11.4 years.

Interestingly, the divorce rate had actually been steadily declining since 2003, perhaps because fewer couples married, electing instead to live together without tying the knot. (An estimated 2.2 million couples in the U.K. are currently living together without marrying.)

When the economic recession began, many experts believed that tight budgets would keep many couples from being able to afford to get a divorce. However, now that the downturn has endured for several years, many estranged couples who've tried to wait out the recession are finally giving in and calling it quits.

]]> Many of these divorcing couples have endured financial woes that would have strained even a strong, happy marriage.

"It's no surprise that the divorce rate is rising given the pressures that couples and families are under," said John Loughton, a public policy director at a U.K. marriage guidance charity. "In fact we are seeing more people than ever coming to [our organization] because of money worries."

Another theory advanced by experts is that individuals whose income has decreased during the economic downturn are now seeking divorces because they believe their temporary drop in revenue will work to their advantage, meaning it will perhaps lead to a more favorable divorce settlement.

The increase in divorce follows a trend that became evident during the recession of the early 1990s. Here, divorce rates rose in 1993 after three consecutive years of tough economic times. Family analysts expect to see similar increases in the divorce rate when data for 2011 becomes available.

If you would like to learn more about complex divorce, spousal maintenance or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal or financial advice.

Stay tuned for more from our Tarrant County divorce blog ...

Source:

The Telegraph, "Divorces rise for the first time since 2003" Dec. 8, 2011

Preparing for divorce during the holiday season

2011-12-13T15:28:21Z

It should come as no surprise that January is typically the most popular month of the year for divorce filings. The reason? Both men and women want to start the New Year off on the right foot, headed down a new -- and hopefully better -- path. Furthermore, most people want to enjoy the holiday season and are therefore hesitant to deal with the familial disruption caused by a December divorce (i.e., child custody, child support, spousal maintenance, property division matters).

However, financial experts advise that while the decision to postpone a divorce until January is perfectly reasonable, it is important to be proactive in the meanwhile. Specifically, there are a few relatively simple steps that a spouse may want to consider taking in anticipation of the divorce, as it can help expedite the process and make it proceed much more smoothly.

Some of these tips offered by financial experts include the following:

Secure copies of your important financial documentation:

Financial experts recommend that during the month of December (or earlier), you take the time to make copies of all your important financial records (information on bank accounts, credit cards, bills, mortgages, estate planning documents, retirement accounts etc.) and keep them in a safe place.

]]> Secure a copy of your credit report

Financial experts recommend that you procure a copy of your credit report. It provides a very accurate picture of where exactly you stand in terms of your overall financial fitness and your credit score.

In addition, financial experts advise keeping a close eye on your credit report in order to make sure that your former spouse isn't running up large tabs on any jointly held credit cards (something that can affect your credit score) or otherwise depleting marital assets.

Open a new bank account and, if possible, a credit card

Consider opening a new bank account(s) - accessible only by you - at a different bank. This is important because you'll have a safe place for your wages and any other income.

Experts also recommend that you try to open your own credit card in the month of December (or prior to). This is an important method of creating financial independence and will also help you build credit.

Explore divorce professionals

Both financial experts and family experts recommend that you begin to research divorce professionals, including divorce attorneys, financial planners and therapists. Schedule meetings with potential candidates in order to make sure that they can meet your specific needs. (Experts advise taking as much time as you need here).

If you would like to learn more about complex divorce, spousal maintenance or property division, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal or financial advice.

Stay tuned for more from our Tarrant County divorce blog ...

Source:

Forbes, "End-of-the-year checklist for divorcing women" Dec. 6, 2011

Parents who kidnapped eight kids from foster care released from jail

2011-12-08T21:21:55Z

In an unusual and somewhat sad custody case, two New York City parents decided to take the law into their own hands and kidnap their eight children from foster care.

While Nephra P., the father of the eight children, felt he had done "something noble," law enforcement officials saw otherwise, and both he and his wife, Shanel P., ended up in jail.

The children, all under the age of 12, were originally taken into custody by the city's Administration for Children's Services over the past three years because of allegations of parental abuse.

While the parents purportedly did everything they could to comply with all conditions to get their children back, they apparently snapped after learning that Children's Services was going to put the children up for adoption rather than returning them home.

"It's either do something or let your kids get swallowed by a system that does not have a heart," said Nephra P. "To do nothing would have been more hurtful, more reckless."

]]> Due to what authorities are calling lax security at the child agency, Nephra P. and Shanel P. were able to load all eight children into a waiting car during a scheduled visitation. They later transferred the children to a large van filled with supplies and left New York behind.

The parents hoped for an idyllic existence in South Carolina, where they had lived before and where relatives still had land, but they couldn't stay there long. Fear of capture kept them on the move.

A week after they left New York, they were ultimately caught and arrested in Pennsylvania, while in their van on the side of a road. The parents were sent to jail and the children returned to foster care.

Both Nephra P. and Shanel P. were subsequently charged with eight counts of kidnapping each (one count for each child). However, they ultimately pleaded guilty to second-degree custodial interference -- a misdemeanor -- and the kidnapping charges were dropped.

They have since been released from jail, but are not allowed to visit or speak to their children, pending the outcome of an upcoming visitation hearing.

Stay tuned for developments on this story from our Tarrant County divorce blog ...

If would like to learn more about child custody or visitation, you should consider speaking with an experienced attorney.

The following post is provided for informational purposes only and is not to be construed as legal advice. Names have been withheld to protect the identity of the parties.

Source:

The New York Times, "Recalling days on the run with abducted children" Nov. 29, 2011