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Should You Be Able To Sue Your Spouse's Lover? PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 08 February 2012 09:00

You're married and you discover that your spouse is unfaithful. You're devastated and consider getting a divorce. But, divorce doesn't seem to be enough -- shouldn't someone pay for the anguish and shame the affair has caused you?

Yes, according to Louisiana State University law professor and tort expert William R. Corbett, whose 2001 paper, "A Somewhat Modest Proposal to Prevent Adultery and Save Families: Two Old Torts Looking for a New Career," has been cited by dozens of researchers, most recently Shauna M. Deans in her 2010 paper "The Forgotten Side of the Battlefield in America's War on Infidelity: A Call for the Revamping, Reviving, and Reworking of Criminal Conversation and Alienation of Affections."  [ link ]

 
Trouble In Paradise? How To Tell If Divorce Is On The Horizon PDF Print E-mail
Written by Karen B. Hall   
Monday, 06 February 2012 09:00

Here is another list of red flags that your marriage may be in for some rocky times.  Please realize that these items can only lead to speculation--except for the last item:

  • Mid-life crisis adventures;
  • Exploring new hobbies;
  • Your spouse wants "time away" from each other;
  • Your spouse is spending less and scaled down his lifestyle;
  • Hiding money and transactions;
  • Uncharacteristic cell phone usage;
  • Trying to be more attractive;
  • Contacting old boyfriends/girlfriends;
  • Catching them in the act.
 
5 For You, 5 For Me PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 21 December 2011 09:00

I must admit that these 10 Tips are always applicable to a divorce regardless of whomever starts the proceedings.  Some of these rules are straight forward and common sense in my opinion.  Keeping the process sane for all involved members makes a lot of sense, but people will go to the extremes when in the middle of this brouhaha.  As Ms. McWade outlines:

FOR THE INITIATOR:

1. Realize that you are further along emotionally than your spouse.
2. Remember that rejection is always a negative experience.
3. Anticipate change.
4. Expect conflicting emotions.
5. Allow your children to adjust to the separation for at least a year before introducing them to a new partner.

 

FOR THE NON-INITIATOR:

1. Understand that your spouse has had time to adjust to the idea of divorce, having thought about it long before the announcement was made.
2. Be aware that men and women do divorce differently.
3. Focus on yourself and avoid (as much as you can) getting wrapped up in wondering about how your mate is doing, what she's saying, who he's with, etc.
4. Remember that your children need you.
5. Try not to speak badly of the parent who left.

Notice the parts regarding the children?  If you are going through a divorce, please consider reading and then re-reading those parts.  Then, read them again.

Last Updated on Monday, 19 December 2011 14:42
 
Passwords Please PDF Print E-mail
Written by Karen B. Hall   
Monday, 19 December 2011 09:00

This concept of releasing passwords may seem more foreign now, but it is becoming more frequent as time goes on.  Judges are deciding that passwords to private accounts should be accessible to spouses during divorce proceedings, and the legal fights over them is becoming a point of contention in divorces.

Traystman said Courtney Gallion asked a friend in a text message to change the passwords and delete some of her messages

Traystman then asked for and got an injunction from Shluger barring Courtney Gallion from deleting material and ordered the lawyers to exchange passwords for both spouses so they could conduct discovery.

As a friendly reminder: always be mindful when using computers and online services.

 
Is Co-Parenting a Good Idea? PDF Print E-mail
Written by Karen B. Hall   
Friday, 28 October 2011 09:00

The basic question raised and argued in this article is even more relevant today. Is splitting time evenly between both parents in the best interests of the child?

From the article:

Co-parenting is based on a different assumption, which is usually referred to as the best interests of the child doctrine. This doctrine is interpreted in many courts to mean that children--including very young children--develop most healthily if they spend approximately equal amounts of time with each parent. Several state courts have even ruled that the tender years doctrine violates fathers' constitutional rights. These rulings have resulted in more movement toward co-parenting. As a result, it is not unusual today to find children as young as two (or even younger) splitting their time about fifty-fifty with their fathers and mothers. Is this a good thing?

You can find the entire article here.

Last Updated on Monday, 24 October 2011 15:19
 
Divorcing Couples With Children Often Open To Saving Marriage PDF Print E-mail
Written by Karen B. Hall   
Wednesday, 26 October 2011 09:00

Anyone who has spent time in this field knows that "the end" isn't always the end of a marriage. This article covers a study that supports that position.

From the article:

According to one new study, a significant number of divorcing parents were open to saving their marriage and would even try professional reconciliation services -- despite having already filed for divorce.

The report, released in late September, surveyed nearly 2,500 divorcing couples with children. Participants were asked, "Even at this point, do you think your divorce could be prevented if one or both of you works hard to save the marriage?" They were also asked to respond "yes," "no" or "maybe" to the following statement: "If the court offered a reconciliation service, I would seriously consider trying it."

You can find the entire article here.

 
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