Recent Blog Posts
Illinois Most Recent State to Recognize Virtual Visitation
Since the 1990s when the first electronic visitation cases began to appear, virtual visitation between children and their parents has continued to grow. In 2010, Illinois became the most recent state to legally recognize virtual visitation. Currently six other states have laws governing "electronic" or "virtual" child visitation, and 22 more have efforts underway to develop similar legislation.
Virtual visitation includes anything from instant messaging to social media to video chatting. Technology has made it easier for parents who live far from their children to stay connected and involved with their kids' daily lives. For instance, a child may show off a lost tooth over Skype, or a parent may play a game with a child through Facebook.
According to the National Center for State Courts, an estimated 35 million children have parents who are divorced, separated or never married, and 25 percent of these kids have a parent who lives in a different city. Almost 10 million kids don't have routine in-person contact with one of their two parents.
Divorce Expos Gaining Popularity
Americans are familiar with wedding expos where future brides can see the latest wedding dress designs, check out new floral arrangements and sample wedding cakes. Recently, however, divorce expos have been attracting a significant amount of attention. At such events expo-goers will find seminars and booths on financial planning, parenting after divorce and an array of other topics.
The Wall Street Journal recently published a piece discussing the phenomenon of divorce expos, highlighting an event that took place in New York last month titled "Start Over Smart: A Modern Divorce Expo." Examples of featured seminars included: "Moving on After Infidelity," "Parenting Through Divorce," and "Into the Fog-Becoming a Single Dad and a Single Dude Again." The event also included booths staffed by attorneys, financial planners and even dating coaches.
The organizers who planned the New York expo based it on an event in Paris, and similar expos have gone on across Europe. They feel it fills a need to provide resources for those going through a divorce. "Even after divorce, people need a network of continued support to help them transition into their new, post-divorce life," one of the organizers explained. The expo serves as a place for people to get legal and financial information, as well as network with those individuals facing similar challenges.
International Child Support Treaty Approved By House
Today our society is more global than ever before. It is not uncommon for children to live in a different country than their parents due to a divorce or other circumstances. Earlier this month, the U.S. House passed legislation which would make it easier for state child support enforcement programs to collect payments from parents living outside of the country.
The measure given approval in the House is a move towards ratifying a 2007 international child support treaty. The purpose of the treaty is to facilitate cooperation and information sharing between countries for the purpose of securing financial support payments.
The measure's sponsor, Rep. Rick Berg (R- ND) explained the goal of the legislation, "This bill is about empowering states, which operate the child support enforcement program, to do more to help families, and most importantly, children."
Although the 2007 Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance was signed by the European Union, the United States and other countries, only Norway has since ratified it. If approved by the U.S. Senate, this measure would provide the language required for implementing it.
Divorce and Data Gathering
Most people wouldn't imagine that a retailer could tell if you were recently divorced by your shopping habits. However, a recent exposé by the New York Times discussed how Target has an initiative in place to determine when customers are experiencing life cycle events. Such life cycle events include marriage, child birth and yes, divorce.
The aim of the initiative is to tailor advertising to customers at these various stages of life. By focusing on major life events, retailers are more likely to impact brand loyalty and change consumer shopping patterns.
For instance, if a retailer thinks a customer is pregnant they could send ads for specific brands of diapers, baby clothes and toys. If customers act on those ads they may remain loyal to those brands throughout their child's life.
How do buying patterns shift after divorce? Interestingly, it increases the chance that individuals will select a different brand of beer. Perhaps more predictably, research also indicates that right after divorce consumers may suddenly purchase frozen food, linens, furniture and low fat foods.
More Baby Boomer Women Seeking Divorces
Most people probably think it is unlikely that many couples would divorce after decades of marriage. In reality, this phenomenon of so-called "gray divorces" is a growing trend. Specifically, women over age 50 are more frequently initiating divorces.
According to data from the National Center for Family and Marriage, baby boomer couples now represent one out of every four divorces. This is up significantly since 1990, when baby boomers were only involved in one out of 10 divorces. Such divorces later in life are more likely to be initiated by women. According to a survey by AARP, in marriages among seniors women initiate 66 percent of the divorces.
There are probably a variety of factors behind these trends. Once spouses retire and their children have left the nest couples often spend more time at home together. This may cause differences to be magnified and tensions between the couple to grow. People are also living longer, and may not want to continue to devote time and effort to an unsatisfying relationship.
Couples Frequently Choose January to Divorce
When people think of January they often think of cold weather, snow and New Year's Day. Apparently, however, January also brings thoughts of divorce to many couples. According to several studies, January is the most popular month for couples to choose to divorce, earning it the nickname "Divorce Month".
There are several theories as to why couples select the month of January to split. The hustle and bustle of the holiday season may put many divorces on hold during November and December. Those couples with children in particular may choose to stick it out through the end of the year for the sake of family gatherings and celebrations.
As the coldest month of the year, January is also a time when couples may be spending more time in the home together. Tensions that may have grown during the stressful holiday season may finally reach a breaking point in January. Spouses may also reflect upon the past year and decide it is a time for a fresh start as the new year begins.
How interpersonal relationships can impact high-asset divorces
George Washington once said, "Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence." His advice is informed and should be heeded when entering into a high-asset divorce. Failure to do so can result in undesired consequences for the process as a whole. True, good friends and loyal family members can help you to navigate your divorce with grace and dignity. But friends and loved ones who are not quite so true can complicate your divorce proceedings and compromise your ability to obtain the settlement terms you desire.
Unfortunately, high-asset divorces sometimes bring out the worst in friends and loved ones. Those around you may be more concerned about how your divorce settlement terms will affect them than how they will affect you. They may even be inclined to act upon their concerns in ways that affect your divorce process.
For example, say that a relative is named in your joint will with your current spouse. If that relative believes that he or she will not be named in your newly single estate plan but will remain a beneficiary in your spouse's new will, that relative may actually try to influence your divorce settlement to ensure that you receive fewer assets. It is hard to believe that individuals would behave this way, but it happens more often than you would think.
Suspending social media use during family law disputes
Sometimes the divorce process inspires an understandable need to vent. Venting can be both cathartic and healthy. But it is critical that should you need to vent about your former spouse that you choose to do so away from social media and the Internet in general. The subject of social media and divorce is becoming increasingly complex. But as more and more divorce attorneys seek to obtain damning evidence about others via the Internet, your best policy is to stay away from social media during your divorce, child custody battle or other family law dispute.
Ideally, it is best to temporarily shut down your accounts on Facebook, Twitter, Foursquare and other social media sites. Doing so may feel temporarily isolating, but by doing so you insulate yourself from potential liability based on activity on these accounts. Even something so harmless as "checking in" at a nice restaurant for your birthday might be perceived by opposing counsel and the court as evidence that you tend to spend money frivolously, which could impact the terms of your eventual divorce, child custody and child support agreements.
When Divorce Mediation is Better
Divorce is one of the most difficult times that a person can go through. Though divorce is extremely common—according to the Center for Disease Control, the number of divorces and annulments has continued to increase since 2009, after slowing slightly during the Great Recession—some feel a stigma upon marital dissolution. Often, there are complicated matters to deal with, such as child custody or joint parenting. “Shared physical custody is increasingly common in divorce courts across the nation,” Parenting magazine reports. Though this can be good for children of divorce, it can be all the more difficult for divorcing parents.
Is Divorce Contagious?
The results of a new study indicate that divorce just may be contagious; when you're around divorcing couples, you're more likely to do the same.
The study, conducted by researchers from Brown University, Harvard University and University of California in San Diego, concluded that having a close friend or relative who is divorced can increase the chancefor a person’s own marriage breakup by 75 percent. The study also found that even knowing acquaintances that are divorced raises the risk of breakup by 33 percent.
The study was headed by Dr. Rose McDermott, a professor of political science at Brown University. According to McDermott, divorce is what she calls a “social contagion” – the news of someone’s divorce spreads quickly among family, friends, work colleagues and other social networks people have.