Category Archives: Divorce

Get help navigating the minefield of divorce with expert advice, opinion and news about the financial, legal, and emotional repercussions of a split. Most posts are excerpts of articles from the mainstream and legal news media. … Covers family law issues including alimony, child custody, divorce,

Conn. Court Ruling Makes It Easier to Increase Child Support Payments

Decision makes it easier for former spouses to claim higher payments

Ben Affleck And Jennifer Garner Marriage: Couple Is Not Calling Off Divorce

Ben Affleck and Jennifer Garner are continuing with plans for divorce.

By Lindsay Cronin, EnStars on Jun 09, 2016 11:07 AM EDT

Ben Affleck and Jennifer Garner aren’t getting back together after all.

Although the former couple has been spending tons of family time with their children, daughters Violet, 10, and Seraphina, 7, and son Samuel, 4, a source has since confirmed they have no plans to reunite romantically.

“She seems adamant about going through with it,” a friend of the actress toldPEOPLE Magazine on Thursday.

Currently, Garner is in Los Angeles with her kids as they prepare for the end of school and Affleck, who is in the midst of production on The Justice League, has returned to London from L.A., where he recently appeared at the Spike Guys’ Choice Awards.

Garner “denies that she is back with Ben,” the friend added. “She actually almost laughs when asked.”

As for when she and Affleck will officially end their marriage, it may be a while as Garner reportedly “doesn’t seem to mind at all that it’s not finalized.”

Months ago, Garner spoke out about the end of her relationship and Affleck’s alleged affair with their former nanny, Christine Ouzounian.

“I didn’t marry the big fat movie star; I married him,” Garner revealed during a candid interview with Vanity Fair in February. “And I would go back and remake that decision. I ran down the beach to him, and I would again. You can’t have these three babies and so much of what we had. He’s the love of my life. What am I going to do about that? He’s the most brilliant person in any room, the most charismatic, the most generous. He’s just a complicated guy. I always say, ‘When his sun shines on you, you feel it.’ But when the sun is shining elsewhere, it’s cold. He can cast quite a shadow.”

“We had been separated for months before I ever heard about the nanny,” Garner continued. “She had nothing to do with our decision to divorce. She was not a part of the equation. Bad judgment? Yes. It’s not great for your kids for [a nanny] to disappear from their lives.”

Sourced From – http://www.enstarz.com/articles/163005/20160609/ben-affleck-and-jennifer-garner-marriage-couple-is-not-calling-off-divorce-video.htm

Va. Supreme Court rules same-sex couples equal in divorce law

The Supreme Court of Virginia has ruled that a Fairfax County man can stop paying spousal support to his ex-wife because she lives with another woman, reversing lower courts that found the state’s cohabitation standard does not apply to same-sex couples.

The ruling, handed down late last week, clarifies a section of Virginia divorce law nearly a year after same-sex marriage became legal nationwide.

The case stemmed from the separation of Michael Luttrell and Samantha Cucco, who divorced in 2008 after being married for 16 years. Luttrell agreed to pay alimony to Cucco for eight years.

Under state law, alimony payments can be cut off if the payee remarries or has been “habitually cohabitating with another person in a relationship analogous to a marriage” for a year or more.

Luttrell sought to end the payments in 2014. He said in court filings that Cucco was engaged to her new partner and had been living with her for more than a year.

Cucco argued her situation did not qualify as cohabitation because the relationship was with another woman.

Both Fairfax County Circuit Court and the Virginia Court of Appeals ruled in Cucco’s favor; the courts found that cohabitation was understood to apply only to relationships between a man and a woman.

The state Supreme Court reversed the lower courts and said their interpretation would produce an “untenable result” of unequal treatment in identical divorce situations.

“The individual in the same-sex relationship would continue to receive support while the individual in the opposite-sex relationship would not,” Justice William C. Mims wrote in the high court’s opinion. “We cannot conclude that the General Assembly intended such a result.”

Mims was serving in the legislature in 1997 when the alimony statute at the heart of the case was amended.

Mims noted in the opinion that the General Assembly considered language clearly defining cohabitation as only pertaining to the opposite sex, but that amendment was rejected in favor of the broader language in the law today.

“By declining to modify the word ‘person’ with the phrase ‘of the opposite sex,’ the General Assembly signaled its intention that ‘person’ would include individuals of either sex,” he wrote.

John P. O’Herron, a Richmond appellate attorney who tracked the case, said it was somewhat unusual because Cucco did not contest the appeals above the circuit court.

Though the case pertains to new legal questions posed by gay marriage, O’Herron said the ruling likely will affect only the specific issue in divorce law.

“I really don’t see this as sort of altering the landscape,” he said.

The ACLU of Virginia represented Luttrell in the case. Gail Deady, an ACLU of Virginia lawyer focused on gender equality, said the ruling recognizes that “all laws regarding marriage must be applied equally regardless of the gender of the individuals involved.”

“Marriage equality means marriage equality,” Deady said.

Sourced From   – http://www.richmond.com/news/virginia/article_80ae492a-0a9b-5ae0-9df8-5f7efe1fdc0c.html

Amber Heard Files for Divorce From Johnny Depp

Actress Amber Heard filed for divorce from Johnny Depp, citing irreconcilable differences after 15 months of marriage.

She is seeking spousal support from the Oscar-nominated actor.

Heard listed their date of separation as Sunday in a filing in Los Angeles Superior Court. They have no children together.

Depp and Heard met while co-starring in the 2011 film “The Rum Diary.” Depp’s latest film, “Alice Through the Looking Glass,” is due to be released on Friday.

The pair made global headlines last year when they ran into legal trouble for bringing their Yorkshire terriers, Pistol and Boo, into Australia as Depp was filming the latest “Pirates of the Caribbean” movie.

Heard was charged with two counts of illegally importing the pets and one count of producing a false document last July. A magistrate judge in April filed no conviction for Heard but issued a formal order to stay out of trouble for a month or face a $767 fine.

The breach in border security sparked what was gleefully dubbed the “war on terrier,” and culminated in the pair recording a deadpan apology that was likened to a hostage video. Throughout the saga Depp engaged in a war of words with Australian Deputy Prime Minister Barnaby Joyce, who’d threatened to kill the dogs.

Earlier this week, Joyce boasted that he had gotten inside Depp’s head like fictional serial killer Hannibal Lecter after the actor quipped that the ruddy-faced lawmaker appeared to be “inbred with a tomato” during an interview on “Jimmy Kimmel Live!”

Depp has one previous marriage and was in a long relationship with French actress and model Vanessa Paradis before he began dating Heard. Depp and Paradis are the parents of two teenage children.

The divorce was first reported Wednesday by celebrity website TMZ.

Sourced From – http://www.nbcnews.com/pop-culture/celebrity/amber-heard-files-divorce-johnny-depp-n580661

Top 10 Questions to Ask a Prospective Divorce Attorney

We’ve provided a few questions you might consider asking during your initial interview with a family law attorney. These may help you determine whether this lawyer is right for your case.

1. Do you specialize in divorces, or are divorces just a part of your practice? How long have you been practicing family law? How many family law cases have you handled? Are you a “certified family law specialist?”

2. What is your strategy for my case? How long will it take to resolve my case?

3. How long do you take to return phone calls? How do I get a hold of you if there is an emergency? What do you consider to be an emergency?

4. Will anyone else in your office be working on my case? What experience do they have? Can I meet them?

5. How will you charge me? What is your hourly rate? Do you charge for the time I spend with other lawyers, with paralegals, and/or with secretaries? If so, at what rate? What is your retainer up front?

6. What costs (other than your own) do you expect will be involved (for example, for private investigators, forensic accountants, physicians, and/or psychologists), and how will you charge me for them?

7. What’s your estimate of the total cost of this divorce? (Do not be alarmed that most divorce attorneys will resist answering this question as the cost of the divorce depends greatly upon the level of conflict in your case. However, the way attorneys answer this question may help you size them up. An honest attorney will often answer that it is difficult to estimate the costs in advance. An attorney that gives you an unrealistically low amount may just be trying to get your business).

8. Do you allow me to negotiate directly with my spouse? How can I keep the cost of my divorce down? Are there tasks that I can do myself to cut down on the amount you will charge me?

9. Based on what you know about my case, how would you predict a judge would rule on it?

10. What can you do to help me understand the tax effect of the decisions I will have to make?

sourced from – http://www.divorcenet.com/states/california/top_10_questions_to_ask_a_prospective_divorce_attorney#b

Stay Up To Date With Legal News