Divorce Settlements
A bitter divorce brings out the worst in everyone, except a professional and experienced divorce attorney. Divorce settlements include negotiations for child custody and support, visitation, spousal maintenance, debt division, and distribution of assets. If the parties are in agreement about the divorce and child-related issues, it is possible that a mediator can facilitate a settlement without going to court. Family lawyers also handle other matters affecting family relationships including pre-nuptial agreements, annulments, and military divorce.
Divorce Settlement Will Determine Fate of L.A. Dodgers
There is a lot hanging in the balance of the divorce trial that is happening in Los Angeles between Frank and Jamie McCourt. It is not just homes, cars and alimony but in this case the ownership of the sports franchise the L.A. Dodgers will be determined by the outcome of the divorce proceedings.
McCourt claims he is the sole owner of the Dodgers but his soon to be ex-wife claims that the document granting McCourt ownership is invalid for two reasons. Her attorneys are arguing that that she did not have proper legal counsel regarding California community property law when signing a marital property agreement in 2004 when McCourt purchased the team and the couple moved from Massachusetts to LA. They are also contending that there is more than one version of the document and that the different versions contradict each other as to the ownership of the team.
In response, McCourt’s attorney Steve Susman has been quick to point that Jamie McCourt’s educational and professional background includes an MBA from MIT law degree, and experience practicing family law herself which he argues makes it difficult to believe she would not be able to understand a marital property agreement. Susman is also is attempting to prove that because of the risks involved Jamie did not want ownership of the team and herself proposed the agreement to establish her husband as sole owner. The Blog for the LA Times writes:
"Susman repeated that the agreement in question was her idea, that she insisted she did not want to own any part of the Dodgers so she would not risk losing a "nest egg" worth about $80 million should Frank McCourt fail to reverse the Dodgers' financial losses."
It will be interesting to see the way this settlement plays out as it involves not just the couple in question but in a way the entire city of L.A., as they wait to see who is the owner of their team. In the meant time legal experts from east coast to west and Los Angeles and Boston divorce lawyers are weighing in and all have their opinion as to who will get what.
Texas Banned Gay Divorce Officially – Murfreesboro Attorneys Speaks to the National Issue
The Texas Attorney General recently attempted and failed to block the divorce of a same-sex married couple in Texas on the grounds that Texas does not recognize same-sex marriage. Austin district judge Scott Jenkins upheld the divorce request, allowing the female couple a Texas divorce. Murfreesboro attorney feels that while the struggle with same-sex marriages has been going on for a decade, nothing new seems to evolve.
Currently states that have issued gay marriage licenses are the following:
- Massachusetts
- Connecticut
- California
- Iowa
- Vermont
- New Hampshire
- District of Columbia
Maryland, Rhode Island and New York currently recognize gay marriages from other states.
For more information from how it is evolved over the following ten year, Murfreesboro attorney recommends the National Congress of State Legislators timeline on gay marriage and divorce historical and data.
Gay divorce
A possible precursor to legalizing gay marriage in TX...Judge Jenkins’ decision is likely to affect the legality of gay marriage in Texas, because even though Texas does not legally recognize marriage between same sex couples at the present time, his decision to allow the divorce in a Texas court effectively challenges current interpretations of Texas law. To legally grant the divorce of a gay or lesbian couple is tantamount to acknowledging the marriage.
Yesterday Texas banned Gay divorce officially. The state appeals court stated the gay couple who have legally married in another state can NOT divorced in the state of Texas.
A person does not and cannot seek a divorce without simultaneously asserting the existence and validity of a lawful marriage.
Texas Court: Gay Couples Can't Divorce
A National Issue
To understand this, consider a similar debate that occurred in Seattle in the 1800s. Seattle was a young city, full of adventure-seeking spouseless males. Naturally, prostitution became a thriving business. In fact, it became so successful an industry that many philanthropic activities were funded by the city’s wealthy madams. A debate arose that prostitution ought to be taxed because it did not seem fair that brothels could generate so much revenue without paying taxes. The dilemma—the only way to require the bustling brothels to pay taxes was to legally recognize and permit prostitution.
In the same manner, for modern-day Texas to grant gay divorces is, effectively, legally acknowledging gay marriage.
Exactly how this landmark decision will steer future decisions on the legality of same-sex marriage and divorce in our state is yet to be seen. But, it will inevitably cause some kind of change. For guidance and legal help on this issue contact the Murfreesboro law firm today.
William Burton, Attorney at Law
1231 Northwest Broad Street
Murfreesboro
TN
37129
(615) 893-8300
Will Pennsylvania Approve Same Sex Marriage in the Future?
Same-sex marriage, or gay marriage, is s a legally (or, in some places, socially) recognized union between two persons of the same sex or social gender. If you have questions about same-sex divorce in Pennsylvania, and how the Philadelphia County divorce lawyers can help you you contact them today.
Gay marriage—a global hot button topic
The issue of same-sex marriage is a hot topic in many countries causing strong debate that often centers on whether same-sex unions should be called marriage and whether gay couples should be granted the same rights.
Whether you are for it or against it, same-sex marriage is a growing trend. Countries that legalized same-sex marriage include—
- Belgium
- Canada
- Netherlands
- Norway
- Portugal
- South Africa
- Spain
- Sweden
Gay wedding are already performed in several U.S. states, including—
- Connecticut
- Washington DC
- Iowa
- Massachusetts
- New Hampshire
- Vermont
There are other countries and several U.S. states that legally recognize gay marriages even if they are not legally permitting the performance of gay marriages. These include—
- Dutch Aruba
- Israel
- The Dutch portion of Netherlands Antilles
- California
- Maryland
- New York
- Rhode Island
As same-sex marriage is increasingly accepted legally, the weight upon Pennsylvania lawmakers to legislate in favor of same-sex marriage grows, and as a result, so does same-sex divorce influence. Family attorneys in Bucks County have been discussing the matter from a legal point of view since the issue of gay marriage and gay divorce arrived in Pennsylvania.
California Divorce FAQs
1. All property acquired during your marriage is automatically considered "community property" and divided equally upon divorce.
Not necessarily true. Although income and property purchased with earnings during the marriage is community property, gifts, inheritance and transmuted property (transferred to a spouse) are separate, not community property.
2. My former spouse is marrying someone with money so the child support payment I make will decrease.
Not true. Child support is based on need and each parent's ability to pay support. The fact that your former spouse is marrying someone with money does not change your ability to pay for your children. However, the new spouse's income may be considered in the setting of support, if the new spouse's income allows that parent to have more disposable income to pay child support.
3. My former spouse is not paying child support, so I can prevent him from having any visitation with the children.
Absolutely not true. Your former spouse's obligation is a court order. The child visitation schedule is also a court order. Both are separate and independent of each other. The violation of a child support order does not give you the right to deny visitation. Each of you can take the other to court, you both are wrong and could be sanctioned by the court.
Torrance Law Firm of Artiano & Associates, A Professional Corporation
3828 Carson Street
Suite 102
Torrance, CA 90503-6713
(Los Angeles County)
Phone: 310-543-1240
