Archive for the ‘Family Law’ Category

Divorce ‘is contagious’ – Telegraph

The heated emotions aroused by one person’s divorce can be transferred like a virus, causing others to divorce, researchers found.

Not only can the risk of divorce spread from one couple to their friends or family, it can also affect relationships at least two degrees of separation away from the original couple splitting up, according to the findings of sociologists and psychologists from three North American universities.

The researchers have called it “divorce clustering” and found that a split up between immediate friends increases a person’s own chances of of getting divorced by 75 per cent.

The effect drops to 33 per cent if the divorce is between friends of a friend, referred to by the researchers as two degrees of separation, then disappears almost completely at three degrees of separation.

People with a divorced sibling are 22 per cent more likely to get divorced than people who do not.

The report added that people with children were less susceptible to being influenced toward divorce by other divorced couples.

When a divorced person confided in someone married, the married person gained knowledge about the benefits and drawbacks of divorce. In the study it appeared most people saw the benefits in divorce.

For a free divorce consultation, contact your local Knoxville Divorce Attorney at The McKellar Law Firm, PLLC, at (865) 566-0125.

9NEWS.com | Denver | Colorado’s Online News Leader | Magazine labels Cheyenne as ‘Splitsville, USA’

CHEYENNE, Wyo. – Out of the entire country, Cheyenne, Wyo. is most prone to divorce, according to a study conducted by Men’s Health magazine.
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“Apparently, there’s more than buffalo roaming in Cheyenne,” the article said.

The study took 100 cities and looked at the number of failed marriages, stringency of divorce laws, the percentage of the population that has split and the number of licensed marriage counselors in the area.

According to the study, Wyoming’s divorce laws are more lax than most, which could possibly explain the high divorce rate.

Stephen Melchior, a family law lawyer in Cheyenne, cannot explain Cheyenne’s abnormal numbers, but he does not think the state’s divorce laws are necessarily to blame.

“It’s very easy to get a divorce in the state of Wyoming as it is in every state,” he said.

Still, it does take less time to complete a divorce in Wyoming than several other states.

Reno and Las Vegas were both ranked in the top five. Denver ranked 34th.

If you have questions regarding marriage dissolution, please contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC (865) 566-0125.

FOXNews.com – Facebook to Blame for Divorce Boom

The dangers of social networking sites for the young are well documented, but increasing numbers of middle-aged users are also having their private lives thrown into turmoil by online activity.

Marriage counselors claim sites like Facebook
are contributing to separations and divorce as bored 40 and 50-somethings try to reconnect with childhood sweethearts. British divorce firm Divorce-Online said Facebook was cited in one-fifth of the divorce petitions it processed last year, The Sunday Mail reports.

If you have any questions or concerns regarding a family law issue, please contact your local Knoxville divorce attorney today at The McKellar Law Firm, PLLC, at (865) 566-0125 for a free consultation.

How Visa Predicts Divorce – The Daily Beast

By scrutinizing your purchases, credit companies try to figure out if your life is about to change—so they’ll know what to sell you.

If you ever doubted the power of the credit card companies, consider this: Visa, the world’s largest credit card network, can predict how likely you are to get a divorce. There’s no consumer-protection legislation for that.

Why would Visa care that your marriage is on the rocks? Yale Law School Professor Ian Ayres, who included the Visa example in his book Super Crunchers, says “credit card companies don’t really care about divorce in and of itself—they care whether you’re going to pay your card off.” And because people who are going through a divorce are more likely to miss payments, your domestic troubles are of great interest to a company that thrives on risk management. Exactly how the credit industry does it—through sophisticated data-mining techniques—is a closely guarded secret. (Visa did not return requests for comment.)

Contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC, at (865) 566-0125 for a free consultation.

The Associated Press: Wade asks for sole custody of his 2 sons

MIAMI — Dwyane Wade has asked a court to grant him sole custody of his two young sons, adding to an already venomous and drawn-out divorce proceeding between the Miami Heat guard and his estranged wife.

In addition, Wade has asked that his wife be ordered to undergo a psychological examination.

Documents obtained Wednesday by The Associated Press show Wade alleges his wife Siohvaughn cannot “be considered a fit and proper person” to raise their children. In more than 300 pages of filings, the All-Star says his wife exhibited threatening behavior, had extramarital affairs, uses abusive parenting methods and is unwilling to let the 2006 NBA finals MVP see his children.

The couple has two boys, ages 8 and 2.

“For more than two years, I have tried to make peace with Siohvaughn concerning our divorce and custody of our kids,” Wade said in a statement released to The AP. “I no longer believe that’s possible. Siohvaughn has consistently attempted to interrupt or prevent me from having visitation time with our boys.”

Siohvaughn Wade’s behavior “has made it evident that she is unstable, dishonest, unbalanced, unwilling to accept responsibility for her actions, not of good character, and therefore, unfit to be a custodial parent,” according to the petition.

If you have questions or need information regarding any family law matters, please contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC at (865) 566-0125.

Will Health Care Reform Finally Let Us Get That Divorce?

Bob and Jacki Marsh have been following the twists and turns of the health care reform debate closely. Like most Americans, they want to know: Will health care reform help us?

More specifically: Will health care reform help us finally get divorced?

The California couple separated in 2004, when Jacki moved to Utah to be with her son and granddaughter. But they stayed legally married because Jacki, who suffers from cardiomyopathy, is uninsurable on the private market. Since 1984, she’s relied on a series of pacemakers to keep her alive.

Without Bob’s insurance, Jacki believes she would have been unable to afford the replacement she needed in February 2009. “It would have been out of pocket, I wouldn’t have had the funds,” said Jacki, 55. “I would have died.”

Jacki will need help soon: In July, Bob turns 65 and will be eligible for Medicare, which won’t cover his estranged spouse. She said the cost of her heart medication alone will nearly double.

Jacki might benefit from one of the more immediate provisions of health care reform. In three months, the Department of Health and Human Services is required to set up an “interim high-risk pool” to cover people who are uninsurable due to preexisting conditions. It’s not clear how helpful this provision is going to be.

The state of Utah has had its own high-risk pool for years. Like the HRPs in many states, it comes with a six-month “exclusion period” during which Jacki’s heart condition would not be covered. But to qualify for health care reform’s high risk pool, Jacki has to be uninsured for six months. So that’s not much better. And would either program let her continue to travel to California to see the cardiologist who’s kept her alive for more than 20 years?
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In terms of premiums, it will be up to the health department whether the high-risk pool under the new law will be more generous than existing state pools, which typically charge premiums ranging from 125 percent to 200 percent of the “standard risk rate.” In 2010, out-of-pocket costs for an individual policyholder in the pool will be capped at $5,950; a family policy caps costs at $11,900.

The pool will have $5 billion to make up the difference between premiums and costs, and the Treasury Department has the authority to dish out more money if needed — but at the same time, the health secretary has the authority to stop taking applications to comply with the funding limitation.

Failing the pool, Jacki is looking toward 2014, when the insurance industry will be prohibited from discriminating against people with preexisting conditions. People in the individual market will be able to choose from subsidized policies via “exchanges.”

That’s right about when Jacki’s current pacemaker will need to be replaced. “I’m going to be right at the edge… My next pacemaker will be due at the time — in theory — that they can’t discriminate against people like me. Reality is I may not be able to afford my medications between now and then. I’m not going to bankrupt my family. If I can’t afford it, I just won’t take my medications.”

Bob and Jacki spoke amicably of each other in separate interviews with HuffPost. (”He’s a fine person in his own right and I am in my own right,” said Jacki. “The marriage ran its course and it’s over.”) But, grave health concerns aside, the insurance industry’s preexisting discrimination has left the estranged couple in a state of romantic limbo.

Please contact your local Knoxville divorce attorney today at The McKellar Law Firm, PLLC at (865) 566-0125.

Bus driver Kevin Halstead wins lotto day after divorce | Herald Sun

A BRITISH bus driver netted more than £2 million ($3.3 million) on the lottery a day after his divorce came through, The Sun reports.

Kevin Halstead, 50, went out for a drink with friends after his decree absolute arrived in the post last Friday.

He bought a lottery ticket the next day – and was gobsmacked when his lucky numbers came up later that evening, The Sun reports.

Kevin could have been forced to hand half the £2,302,668 to ex-wife Helen if the divorce had taken just a few days longer.

But the astonishing timing of the win means he and his new partner will be able to keep the lot.

A friend said: “Kevin was having a drink with his mates after his paperwork came through.

“He buys a ticket the following morning and scoops the jackpot. You couldn’t make it up.”

Kevin and his partner, of Chorley, Lancashire, were whisked to a secret location yesterday by National Lottery organizer Camelot.

But they are set to face TV cameras overnight.

They shared last Saturday’s £4.6m jackpot with another punter after both matched numbers 23, 25, 28, 33, 44 and 49.

Ex-wife Helen said: “We are the best of friends. In fact, we get on better now than when we were married.

“It couldn’t have happened to a nicer bloke. I wish him all the luck in the world – he deserves it.”

If you have questions regarding divorce, contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC, at (865) 566-0125.

TN bill on divorce would require equal custody of children | tennessean.com | The Tennessean

A bill that would evenly split child custody in contentious divorce cases is drawing national attention to Tennessee and dividing groups along gender lines.

On one side is a powerful alliance of women’s groups, some judges and the Tennessee Bar Association, who say the change would make divorces tougher to settle and give abusive ex-husbands leverage they shouldn’t have. Spending half of the time with each parent will also impose impractical schedules on kids, they say.

On the other is a bevy of fathers-rights groups who say children are being deprived of full relationships with both parents. Courts have for far too long ignored laws calling for custody decisions to be made in the best interest of children, they say, and judges are overly influenced by notions about the mother-and-child bond.

If the bill passes, Tennessee would become home of the most gender-neutral and revolutionary child custody law in the United States, observers say.

If you have questions regarding divorce or child custody, please contact your local Knoxville divorce attorney at The McKellar Law Firm, PLLC, at (865) 566-0125.

Sara Evans, whose divorce went final in 2007, recently requested and was granted a temporary restraining order against her ex-husband, who is banned from stating derogatory remarks about his former Wife to any media or press, and also cannot speak about what caused the divorce. A hearing will be held on March 16 to determine whether the restraining order will be extended.

Country singer Sara Evans: Country singer Sara Evans files restraining order against her ex-husband, Craig Schelske – baltimoresun.com

NASHVILLE, Tenn. – Country music singer Sara Evans has filed a temporary restraining order against her ex-husband, Craig Schelske.

She obtained the restraining order Wednesday in Williamson County, Tenn.

If you have questions about divorce, please contact your local Knoxville divorce lawyer at The McKellar Law Firm, PLLC at (865) 566-0125.

Anita Baker avoids jail in court battle | detnews.com | The Detroit News

Anita Baker avoids jail in court battle
Doug Guthrie and Susan Whitall / The Detroit News

Detroit –Singer-songwriter Anita Baker will not go to jail today and is negotiating to allow a judge to research how much her ex-husband is owed in music royalties.

“I think we’ve gotten to the heart of it,” Wayne County Chief Family Court Judge Lita M. Popke said, vowing to complete the necessary documents in court today.

Popke ordered Baker to attend a contempt of court hearing this morning after she failed Thursday to explain why she hadn’t followed orders to sign letters authorizing a court-appointed expert on music industry contracts to seek information from record companies about payments for the music she has written and performed.

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Baker got her chance to speak under oath to the judge today, expressing her anxiety about being under the threat of jail.

“I just want to go home,” said Baker, of Grosse Pointe.

“I want you to go home too,” Popke told the eight-time Grammy Award winner.

Baker’s 2008 divorce from Walter Bridgforth Jr. called for an even split of royalties from two albums made during the couple’s 20-year marriage, “Giving You the Best I Got” in 1988 and “Rhythm of Love” in 1994.

Popke on Thursday said Baker has been uncooperative in an effort to establish how much Bridgeforth is owed. Detroit entertainment attorney Howard Hertz, who represents Eminem, among other clients, was appointed by the judge as a music contract expert in an effort to settle the dispute.

When speaking to the judge, Baker pointed out objections to language that might be interpreted as a final decision about money owed to Bridgforth.

Although Baker signed similar letters of direction after her divorce, the new letters contain demands for “mechanical” royalties, or the inclusion of songs created during the marriage on more recent “best of” albums.

Baker objected to the judge that this is an area that wasn’t negotiated in the divorce.

“I think I understand Ms. Baker’s objection,” Popke said before ordering Hertz to meet today with Baker to hammer out new language in the letters to music companies.

“Before you go into that meeting, I want you to understand it’s not under the threat of jail or contempt. I am not going to hold you in contempt,” the judge told Baker. “I don’t want you to feel coerced.”

Baker has complained that “experts” have dominated court proceedings since her divorce began in 2007. She has said she wanted to speak directly to the judge.

Much of the court file on Baker’s divorce, including documents that detailed the financial settlement between the couple, was ordered sealed in 2007 by Judge Bill Callahan.

Newer documents pertaining to the fight over royalties indicate Baker in 2009 was receiving $200,000 a year from one of the several record companies with which she has held contracts.

Bridgforth has objected to accounting that claims, after expenses, that his half of the royalties from Atlantic and Rhino records amounted to $12,000 in 2009.

Baker’s profits also were greatly reduced by production costs. The court file doesn’t indicate what Baker has been paid by other sources, including music publishers BMI and ASCAP, and digital sales, satellite and Internet play.

Part of the package of agreed to documents includes a protective order that will keep secret all information discovered by Hertz from everyone but the court and the lawyers involved in the case.

Bridgforth didn’t attend the hearings on Thursday or today.

Should you have any questions about divorce or post-divorce proceedings, please contact your local Knoxville divorce attorney from The McKellar Law Firm, PLLC, at (865) 566-0125.