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Harrison Divorce Law Blog

Protecting assets from divorce, creditors

Entering a legal contract can have unforeseen consequences. It is made abundantly clear by unpleasant divorce litigation that many White Plains couples do not consider when getting married. The recent spike of bankruptcy filings shows that consumers may not realize the full extent of their spending power and may not understand that debts must be repaid.

When a creditor comes knocking, a marriage license can sometimes work to your benefit. If money is in joint accounts and the home is in both names, some states call these assets "tenants in the entirety," and they cannot be seized by creditors if only one spouse is being sued.

Collaborative divorce and same-sex couples

As more and more states are giving same-sex marriages legal status, the LGBT community must also deal with the reality of same-sex divorces. Even in states that do not recognize same-sex marriage, those who wish to enter marriage can do so in ways that may not be recognized as traditional marriage, but are legally binding nonetheless. White Plains couples that enter into legal contracts with each other, perhaps adopting a child or buying a home together, also need a way to amicably part ways if the life they build together does not last.

Whether the union is legally recognized or not, both heterosexual couples as well as same-sex couples are finding that staying out of the courtroom is more efficient with time, money and emotion. The collaborative law process is one that emerged in the early 1990s as an alternative to costly and often drawn-out divorce litigation. Rather than emerge from the courtroom with one winner and one loser, collaborative law seeks to have both parties leave the mediation room satisfied with the outcome.

Father stops child support after mother goes missing

The father of twins, whose mother went missing in November, has stopped paying child support due to a judge's ruling in his favor. The family has risen in popular news media following the disappearance of the woman after the couple appeared on the television show "The People's Court." The couple argued over a missing $5,000 engagement ring and who was responsible for its cost. The mother disappeared Nov. 17, the day the episode aired.

The father was given custody of the two children following the mother's disappearance, though he is currently the only suspect. He filed paperwork saying that his kids needed the child support that he would otherwise be sending to the mother. He was paying $800 a month and the judge agreed that he should use the money for the children instead of it sitting in an account, unused.

Mediation centers ask for return of funding

Following budget cuts in New York, many mediation centers have lost close to half of their funding, resulting in some centers to close their doors. The Child and Family Services' Center for Resolution and Justice operates mediation centers in eight counties in western New York. Their pitch to get back some of their funding in the next fiscal year includes a simple statement that mediation saves money.

Mediation is gaining popularity in issues that can be settled outside of court, including disputes regarding child custody, divorces, small claims and residential issues. Part of the draw of mediation is that by staying out of court, everyone involved saves money and time. Litigation tends to get drawn out, and most often both parties emerge from mediation with satisfactory results.

Case changes venues when boy becomes distraught

A custody case changed venues after claims that the boy whose custody is in dispute was homicidal or suicidal. The case has changed courts within New York, a move initiated by the state's deputy chief administrative judge, said a spokesman for the court system.

The case revolves around a 10-year-old boy and a child custody case that has been in litigation since 2007. The boy's parents separated in 2002 and an agreement was signed making the mother the main caretaker of the boy. In 2007, however, a judge switched custody to the father without a hearing. The boy had been diagnosed with mild autism and the parents disagreed on how he should be treated. The father insisted the boy was normal while the mother wanted special care for him.

Case closed: Former boxer owes $140,000 in child support

Former heavyweight contender James "Quick" Tillis was once a household name. He traveled the world and boxed legends like Mike Tyson and Evander Holyfield. He was also inducted into Boxing Hall of Fame located in Rochester, New York. Despite his illustrious career that spanned 23 years and 65 matches, Tillis has paid less than $2,600 in child support since 1990 to Beatrice, the mother of one of his daughters.

Tillis has been married six times and has several children. He faced felony charges in 1999 for not paying child support and spent four months in jail in 2002 for not paying court-mandated child support.

Divorce without a prenuptial agreement can be costly

Everyone in New York knows the importance of a prenuptial agreement, but in the throes of romance, some couples forego such an un-romantic precaution. No one wants to think about the possibility of divorce as they are planning their marriage. However, as seen from celebrity headlines, prenups are an important safe-guard in the event that feelings change.

Actor Russell Brand filed for divorce from singer Katy Perry December 30, 2011 citing "irreconcilable differences," according to sources who obtained the divorce papers. Sources also say that Brand was the one who filed the papers because Perry did not want to upset her parents.

Fathers taking on caretaking role face social stigma

Modern fathers are taking a more active role in the lives of their children, but the effort is not always appreciated by society. While mothers have historically complained when fathers are absent, they are sometimes not quick to relinquish or share the caretaking role.

Child custody cases in New York and elsewhere throughout the country that are the result of a divorce, are seeing fathers are more frequently seeking sole custody. According to Working Mother magazine, in 50 percent of those cases, the father will win sole custody. The number of fathers with sole custody has doubled in the past decade.

Divorce mediation: Save time, money, sanity

It is a well-known statistic that half of all modern marriages in New York, and elsewhere throughout the nation, end in divorce. Divorce is notorious for being complicated and spouses being non-compliant during the process. There is another option, however, for couples who are ready to call it quits in a less stressful, more productive way.

Divorce mediation has been touted for keeping couples out of the courtroom, where tempers can flare and accusations can be thrown around. The damage can be especially traumatic between parents. Arguments can arise from issues as important as holiday visitation and as trivial as dinner. Keeping a good working relationship is essential when parents decide to get divorced, and mediation helps set up and maintain that relationship.

Florida father records visitation dispute, shots fired

When picking up his son from his estranged mother-in-law's Boca Raton home, a man was shot by his mother-in-law in the rib cage and shoulder. He caught part of the argument and the gunshots on his cell phone, but the video did not catch the actual altercation.

The assault comes in the middle of a bitter divorce, where the couple has been fighting over the boy's visitation. According to the 911 call made by the mother-in-law, she was afraid the boy's father was going to kidnap him and take him to New York. The sheriff's office reports that the man had shown up according to a court ordered visitation schedule to pick the boy up.

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