One of these is insurance. Many spouses -- both civilian and military -- share insurance to save on costs. However, when divorce looms, this insurance comes into question, particularly for the person who is not the primary holder of the policy. For military spouses, at least three types of insurance can become uncertain: health, dental and life insurance.
]]> That question was this: Can the spouse in the military take away benefits from her or his spouse before the divorce? According to an expert commenting on the question, the answer is no for most of the aforementioned insurance policies. As long as a person is legally a military spouse, she or he is eligible for Tricare medical and dental coverage. Though a separated spouse cannot remove this eligibility, she or he can stop paying for the coverage, which may force the spouse who is not enlisted to begin paying.The issue with life insurance is that the policyholder is the person who designates the recipient of its benefits if the holder should die. This means that if a relationship goes sour, the policyholder can change the recipient from her or his spouse to someone else, without a divorce. If you are involved in a military divorce, contact a legal professional as these cases often get complicated very quickly.
Source: Military Times, "Can mom's military husband take her benefits before divorce?" No Author Given, Jun. 10, 2013
]]>One of the many ways that indicate change in social opinion toward divorce is the prevalence of no-fault divorce. Every state has this option available for those choosing to end a marriage. Before no-fault divorce, a spouse had to prove that there was a reason for the split. Those reasons could include infidelity, immorality and any illegal actions that could be considered a felony. By avoiding this part of a divorce case, the no-fault divorce allows spouses to come to the table without pointing the finger, thus quelling a bit of the expected adversarial nature of divorce.
]]> But still, many people find themselves going head-to-head with their soon-to-be former spouses over property division, child custody, child support and alimony, hashing out the entirety of their divorce agreement in front of a judge. This can be extremely costly, both emotionally and financially. This is where mediation comes in: By mediating, many couples have found divorce settlements more agreeable and more likely to be upheld by the former spouses that they concern. In the event of a divorce between parents, mediation can even result in a healthy co-parenting plan. Experts believe this is due to the cooperative nature of mediation, as compared to the antagonistic approach that litigation often possesses.Source: Quartz, "How to finally get along with your spouse: Get divorced" Wendy Paris, Jun. 03, 2013
]]>Court records show the parents got married in Romania in 1996. Three years later, the couple was in Texas when their twin boys were born. In 2004, the family moved to Hungary so the mother could go to dental school there. In the summer of 2012, the boys went to Sumner County, Tennessee, to visit their father's family. While they were in the U.S., the parents moved from Hungary to Romania. The father was then supposed to go to the U.S. to bring the boys back to their new home, but he returned. Instead, he filed for divorce.
]]> Reports indicate the father said his wife threatened him with divorce because he no longer had a job in Romania. He alleged she said the divorce would happen when he returned from the U.S. He decided to file for divorce while in the U.S. and in the petition - which was filed in Sumner County - he asked for primary custody.The legal issues surrounding the case are numerous and will likely make the custody battle both lengthy and expensive. The federal case that recently began in Nashville will not actually determine who gets the custody of the kids. It will determine which country will be the one to decide custody. It could be the U.S., Hungary or even Romania. Once this is determined, the parents will battle in court to determine custody.
This international battle may have been made worse by the fact the mother claimed the children were being wrongfully detained in Tennessee by their father. Like all custody battles, this one will be complicated, even more so because it will occur across international borders. Parents involved in a custody case should speak to an attorney about their matters before making any rash decisions.
Source: tennessean.com, "International child custody trial begins in Nashville" Sheila Burke, May. 22, 2013
]]>Data from the Department of Justice indicates that more than 1 million women will be victimized by domestic abuse this year. This comes at a time when politicians have made many cuts to the federal budget. Though necessary, many groups are arguing that these cuts have happened in the wrong places, leaving some groups more vulnerable in others. In this case, it is abuse victims. The sequestration will supposedly eliminate $26 million that would have gone to programs to help victims of domestic violence. Perhaps the saddest part of this is that this money could mean life or death for some individuals.
]]> By eliminating millions of dollars in funding, the federal government is expected to struggle putting certain statutes into effect. One of these is the Violence Against Women Act, a recently reauthorized law that provides funding to prosecute cases involving domestic abuse. The Family Violence Prevention Services Act is another law that will likely lose power--it provides financial support to prevention programs and shelters.Without proper funding, some of these shelters will have to close and many will be forced to turn away individuals looking for a way out. In one case, a woman with four children called a shelter and said that she had 45 minutes to get out of her home and away from her abusive partner. The shelter said that it had no room and had to turn her away. If you are involved in such a relationship and want to dissolve your marriage, contact an attorney that specializes in family law. Legal experts have the know-how to address situations just like yours.
Source: Center for American Progress, "Sequestration Nation: Budget Cuts Endanger Domestic Violence and Sexual Assault Victims" Kwame Boadi, May. 20, 2013
]]>Many people are attempting to work against the high rate of divorce found in the military. A brigade chaplain from the 4th Combat Aviation Brigade, 4th Infantry Division, is performing marriage retreats that teach people how to communicate better. These same retreats also focus on teaching individuals about how to juggle home life with military life. Many factors get in the way for married soldiers, specifically those that cause post-traumatic stress disorder or keep soldiers long distances from their families for extended periods.
]]> The stresses of the military and the wars that have been waged in the last decade can and have caused physical and emotional damage in many people. This damage has led to family and relationship issues for many soldiers. Some of it may have translated to domestic violence. According to that chaplain, 40 percent of married couples in the military will experience domestic assault. This can alter the nature of a relationship, potentially leading to its eventual dissolution.Even though there can be an enormous amount of pressure and stressors on military couples, many have made their marriages last. Many have also gone through divorce. The many intricacies of being involved in the military--deployment, financial benefits, medical plans--can be hard to navigate during a divorce because of the emotional fluctuations caused by such a change in someone's life. Attorneys that specialize in family law can be extremely helpful in such situations and should be spoken to by both spouses, no matter who is seeking to file for divorce.
Source: DVIDS, "Couples improve communication" Jonathan Thibault, May. 13, 2013
]]>Domestic violence programs are designed to help these individuals by providing a temporary place to live and access to necessary legal routes that provide an escape. But Tennessee has 95 counties and only 32 local domestic violence programs and 30 state-funded shelters. With domestic violence accounting for more than half of all crimes committed against persons, it may be necessary to increase these numbers so that more individuals have the ability to free themselves from the shackles of their situations.
]]> Many domestic violence programs are struggling due to a decline in funding caused by a number of events, including the recession and the more recent sequester. A census taken by the National Network to End Domestic Violence found that 768 victims of domestic violence, along with their children, received services from domestic violence organizations in Tennessee alone. During that same period, 101 requests went unmet due to a lack of funding. Advocates answered 295 calls on emergency hotlines, as well.National data from the NNEDV census day showed that nearly 65,000 victims of domestic violence were assisted by advocacy programs while more than 10,000 requests were passed over, mostly due to less funding. The sequester may result in 70,000 fewer victims receiving help and 36,000 fewer victims having access to helpful services, such as hospital-based advocacy, transitional housing services, civil legal assistance, sexual assault services, crisis intervention and protective orders.
Source: Knoxville Daily Sun, "Tennessee served more than 768 domestic violence victims in 24-hour period" No Author Given, May. 05, 2013
]]>Typically, a divorce mediator is a disinterested attorney that sits down with a divorcing couple and addresses the many issues that come about with the dissolution of a marriage. Though the mediator does not have to be a legal professional, it is wise to choose a person who specializes in law — family law, specifically — because divorce is a legal issue.
]]> The largest benefit of choosing mediation over litigation is the fact that the courtroom is not the setting for the divorce. Litigated divorces have an inherent likelihood for a no-holds-barred match pitting the spouses against one another in an expensive arena. Instead of pitting former partners against one another, mediation helps a couple work together on another major decision: divorce. This change in mentality can create a long-lasting amicability between the two, rather than an eternal hatred for one another.Mediation is particularly helpful for parents as this nature allows them to work together in the future without letting emotions such as resentment get in the way. But not only is mediation helpful emotionally, it is also less expensive. Instead of hiring two attorneys that work against one another in court, two spouses hire one attorney that helps them work together toward an acceptable compromise. Since the settlement is reached out of court without the direction of a judge, court fees are much less expensive.
Source: EIN News Desk, "Learning More About Cooperative Divorce Solutions In Connecticut" No Author Given, Apr. 30, 2013
]]>The couple was to be married before she announced she was pregnant. A few months into the pregnancy, the engagement was ended. After receiving the father's text about giving up parental rights, she chose to go through with an adoption. She contacted the Cherokee Nation so that they would have the opportunity to intervene under the Indian Child Welfare Act, which was enacted in 1978 to make sure that Indian children are not taken away from their families and given up for adoption. They had no record of the father as a member of the Cherokee Nation, so they let the adoption go through.
]]> The adoption was set to become finalized when the father was served with paperwork about it. He signed it but days later, decided he would pursue the case under the Indian Child Welfare Act. He decided he would seek full custody of his child, something that would see the then 2-year-old girl removed from the arms of her adoptive parents in 2011.This case is a rare instance of the Supreme Court tackling a family law issue. It is a serious test of the Indian Child Welfare Act and may have implications for families throughout the country, including those in Tennessee. Anyone involved in a family law case should have an attorney to make sure the best interests of the children are considered, especially when a divorce is pending.
Source: kqed.org, "Adoption Case Brings Rare Family Law Dispute To High Court," Nina Totenberg, April 16, 2013
]]>Though some civilian issues may not be apparent in military couples, other issues often are ready to replace them. First of all, there is the fact that military personnel are often stationed away from their spouses forcing them to live separate lives. Sometimes, they are placed in combat, bringing their safety into question. Many veterans return home with post-traumatic stress disorder, a condition that can dramatically affect the living conditions of the person with it and those who interact with that individual.
]]> When a veteran with PTSD returns to her or his family, the interactions they had before deployment may not be the same as those after they return. Many people with PTSD bring behaviors of war into their homes, finding themselves on edge all of the time, unable to simply enjoy life anymore.Often, this condition creates friction between the person with the condition and the spouse. It can also cause changes in the relationships with her or his children. Some PTSD victims become depressed and may even become suicidal. If they don't receive help, the couple may be headed for divorce.
Couples in these situations who are ready for divorce may want to seek mediation. The individual suffering from PTSD, as well as the spouse, may benefit from having a mediation attorney who will help each partner understand and have empathy for what the other is going through, which in turn may allow them to work out an amiable separation from the marriage.
Source: Good Therapy, "PTSD Symptoms Decrease When Emotions Are Appraised, Not Suppressed," April 2, 2013
]]>Mediation is a new option that seems to be faster, cheaper and more effective than the typical avenue for divorce: litigation. According to experts, there are many reasons that these adjectives have been applied to mediation. First, there are fewer attorneys involved and nearly no time spent in court. The only time that couples who mediate spend in court is the last step: a hearing for disposition by a judge that declares the divorce finalized.
]]> In a typical litigated divorce, there are at least two attorneys and a considerable amount of time spent in front of a judge. The two parties converge here, discussing the desires of both spouses and attempting to hash out any discrepancies between the wants of these individuals. In most cases, there are many differences to be addressed. This means that certain documents must be filed, certain discussions must be had, certain procedures must be followed and all of this adds to the timeframe of the divorce.Litigation is a long process that leaves many people feeling more resentful toward their former spouses than when the divorce started. This is why mediation is now becoming more and more popular. In mediation, a couple meets with one attorney and discusses their problems. Instead of working against each other, they work together on this agreement and save each other a large amount of time and money. Experts have found that couples who divorce through mediation are often more likely to remain amicable during and after the divorce, a mentality that can help with the future especially if kids are involved.
Source: Huffington Post, "Maintaining An Active Tempo In Your Divorce," Diane L. Danois, April 1, 2013
]]>The general belief is that both mothers and fathers have an equal chance in the eyes of courts. But if those estimates are accurate, this is apparently not the case. Though some fathers may be so-called "deadbeats," it is unlikely that the majority of fathers are this way. Many men love their children and find a custody determination in which they are the noncustodial parent to be disappointing. This title often means that they will have to fight for time with their kids past the allotted visitation amount, making bonding with their sons and daughters a struggle -- something that it should not be.
]]> Attorneys are often important in cases such as this, giving fathers that have been hurt by the court system the ability to fight back and regain some of the ground that they lost. Custody modifications can be made if pursued correctly.There is also the issue of child support, something that noncustodial parents are often required to pay. The formula used to determine a figure for support may not incorporate accurate factors or enough factors, occasionally leaving the payer unable to make payments.
Though some of these cases involve parents that simply do not want to pay, others may simply be due to an improper support determination. This can also be addressed with the help of a lawyer. Child support modifications are obtainable, just like custody modifications are.
Source: St. Louis Post-Dispatch, "Fathers deserve equal chance at child custody in divorce," Scott Myers, March 23, 2013
]]>The spouse that chooses to fight will likely cause emotional and financial stress for both parties. Fighting over every little asset can become more expensive than it is worth and legal professionals often help clients determine which assets are worth fighting for. But many items are not and those that fight may find themselves behaving in abnormally assertive or aggressive ways, filing this motion and that claim, costing both parties time and money.
]]> The spouse that chooses flight may find themselves hoping to get out of the situation as soon as possible. Many individuals that choose to escape the marriage as quickly as possible are hurt by some form of betrayal they believe their spouses committed. This may come in the form of an affair. In situations such as this, running away from the marriage seems like a good decision because your spouse has hurt you. But this hurt can get in the way of proper decision making with potentially long-term consequences.In order to avoid these long-term consequences, people in high-asset divorces should seek legal assistance and financial advice. Third-party professionals will help divorcing individuals see through their feelings and into the future where current decisions could result in financial strife. This may bring the spouse that has chosen to fight down to a level where she or he is more willing to compromise. It may also instill perseverance in the spouse that has chosen to flee, allowing her or him to avoid signing an agreement that is unfavorable.
Source: Huffington Post, "Divorce: Take Time for Emotional Clarity in Decisions," Bari Zell Weinberger, March 19, 2013
]]>In the most recent case, a man reportedly killed his wife in their home. He has confessed to her murder and police noted that the couple had a history of domestic violence as noted by several calls made to the authorities.
]]> Another case of domestic violence ended with the death of the woman and the man. The man shot the woman at a hospital they worked at together and later killed himself while police were hunting for him.While some may suggest that these situations could have been avoided if the victim simply left, the latter case was not that simple. According to the victim's brother, she had left him, only to be stalked and threatened. Her ex even put a GPS tracker on her vehicle at some point after she moved out.
According to data, one in four women will be victimized by domestic violence in her lifetime. This statistic has given many organizations reason to increase awareness about domestic abuse and to heighten available resources so that more victims can escape their unhealthy relationships. If you or a loved one is in a violent relationship, consider getting professional help by seeking legal advice so that the proper protections are in place when she or he decides to leave the abuser.
Source: WKBW, "Victim's Brother: Domestic Violence Must Stop," Rachel Elzufon, March 12, 2013
]]>According to records, the divorce was initiated when the mother filed in 2010. The following year, the father had his parental rights terminated by the state. Proceedings were held in regard to the situation and it was determined that he was not fit to act as the father of the couple's child. A decision was handed down in March of that year and it was deemed that his rights as a father would be voided. The reasons for this determination were not made clear.
]]> Another judge finalized the divorce in June of last year and determined that the father would have a child support obligation in an unspecified amount. In September, the father was ordered to appear in court after his ex-wife petitioned to hold him in contempt of court for not making good on his support obligations. Some time later, the father filed a petition stating that he should not be held liable for such obligations because he is not legally the father of the child anymore.His writ of prohibition indicated that the family law judge went beyond his authority when requiring that child support be paid since the other court's ruling was in conflict. A circuit judge upheld the argument and removed his obligation to the child. Such complicated cases can be found in Tennessee and throughout the country. Without an attorney, it is likely that many people would not have noticed a discrepancy such as the one.
Source: West Virginia Record, "With parental rights voided, man not subject to child support payments," Lawrence Smith, March 4, 2013
]]>In collaborative law, both spouses can bring lawyers to the table. In addition to the costs incurred by the presence of these professionals, there are also the costs of the rest of the divorce team. Members of these teams often include financial advisors, accountants, mental health professionals and other individuals. The group works together to determine the issues that divorce is creating and to address them properly and amicably. Participation agreements are signed early on in order to avoid court through collaborative law. Many say that this option is more expensive than mediation but less than litigation.
]]> Mediation involves a smaller group of people. There is no divorce team, only the couple and a disinterested third party who acts as the mediator. Usually, this individual will be a legal professional so that the documents and filings necessary for a divorce are not overlooked. In mediation, a couple comes together and hashes out the split in front of this mediator, allowing this person to direct the course of the discussion and to call off the meeting when discussions seem to have come to a temporary halt.Because there is only person hired as the mediator, the costs are much lower. Many people - wealthy and otherwise - have used mediation as a viable route to dissolve their marriages. Experts often note that couples who split this way are much happier with the divorce than others who allow judges to make determinations within the extremely adversarial environment of court.
Source: Barron's, "Low-Cost Divorce," Michelle Lodge, Feb. 26, 2013
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