CheckedOutLawyersBlog

Social Abandonment? Nope. How, Oh, How To Get a New York Divorce.

What do New York divorce law and Christmas have in common? They're about the same age. So, maybe we shouldn't be so shocked that "social abandonment" isn't a valid ground for divorce in New York.

If you don't already know, New York is the only state in the nation without "no fault" divorce. That means that if a couple hasn't entered into a legal separation for a year or more, one of the spouses has to prove that the divorce is the other spouse's fault. Grounds include cruel and inhuman treatment, imprisonment for three years or more, adultery, and abandonment for a year or more. 

Which brings us to "social abandonment."

Apparently, the fact that your husband won't eat with you, go to a movie, or celebrate holidays isn't enough to be "abandonment."

According to the court's opinion in this case, you can only "abandon" your spouse if you "unjustifiably and continually refuse to engage in sexual relations." 

[The Business Insider Law Review] via [New York Law Journal]

Proposed Plan to Use Alcohol Monitoring System for Child Custody Cases

Some family law attorneys in a Wisconsin County are advocating for alcohol monitoring systems to be used in child custody and divorce cases to determine alcohol abuse by a parent. 

Alcohol monitoring is generally used for criminal cases, namely drunken driving cases.  The proposed plan would require Continuous Remote Alcohol Monitoring (SCRAM) bracelet to be worn in order to evaluate total alcohol use and when it was used. 

Proponents of the plan say that it would be an objective way to determine if there is alcohol abuse and if a child’s safety is at risk.  It's unclear whether this will be similar moves in other counties to determine alcohol abuse during divorce and child custody disputes.

[Wisconsin Law Journal]  

Are New Domestic Violence Laws the Reason Tiger Woods is Keeping Silent?

If you took a passing look Tiger Woods’ press statement this past weekend, you might notice that Woods takes efforts to signal that his wife had no involvement in the accident. 

Also, if you are under a rock and not following the Tiger Woods story/Washington, DC State Dinner crashers, you might have also noticed that Woods has been tight lipped about chatting with the media. 

And although it’s usually a good idea to not continue talking about stories that are damaging and potentially damaging to one’s career, there might also be a good legal reason to do so.

The Wall Street Journal Law Blog suggests statutes have evolved and domestic violence is not viewed as simply a family matter.  Although newer statutes are meant to protect partners who are abused, the blog points to unintended consequences of the law.  Under the newer statutes, there is an increased duty to know who the “primary aggressor” is in a domestic dispute. Hanna Rosin at Slate.com contends that strict gender equality is ruling over common sense. But is that the case here?

So, if additional evidence surfaces, should Tiger’s wife be charged with domestic violence?  

And what if the shoe was on the other foot: what if it was Tiger Woods who was suspected of attacking his wife’s car with a golf club?  How would the public reaction be different?  Would it gain traction as a serious news story?

The Woods story offers some new consideration on what is considered domestic violence and who (by standards of public opinion) can be considered a victim.  

A Fight for Gay Divorce?

 The fight for gay marriage may be old news, but what about gay divorce? Earlier this year, Texas had its first filing for a gay divorce (no word on whether it was rejected by the court). 

The New York Times Blog, Bucks, reports on the many issues that come up when a gay couple decides to split.

Gay couples can marry or form domestic partnerships in many states, but problems arise if they move to another state and want to get divorced. States that do not recognize gay marriage typically don't recognize gay divorce. 

It might seem you could get divorced in the same way many gay couples get married: by traveling to a state that recognizes gay marriage. However, whereas states typically don't have residency requirement for marriage, they usually do for divorce. To get a divorce in Massachusetts, for example, one spouse would have to move to the state for a year before filing for a divorce.

And even if a state's laws recognize gay marriage, there's a whole host of potential problems (including tax problems) that can crop up because of the fact that the federal government doesn't recognize gay marriage.

[NY Times Blog: Bucks]

Tiger Woods Involved in Car Crash Early Friday Morning

In a statement to the press released a statement yesterday discussing the accident, Woods does not address rumors that he was fighting with his wife over a rumored affair with NY hostess Rachel Uchitel.

Tiger says in statement: "This situation is my fault, and it's obviously embarrassing to my family and me.  I'm human and I'm not perfect…” 

No word yet on whether Tiger's retained a divorce lawyer.

[NY Post] [TMZ]

L.A. Dodgers: What Happens to Team When Owners Divorce?

Jamie and Frank McCarthy, the owners of the LA Dodgers, are facing a divorce war amidst the commentary of baseball fans, lawyers, and the celebrity media site TMZ.  Considered one of the nastiest divorces in baseball, allegations include an affair with the chauffeur, shuffling out of Dodger staff, and opulent lifestyles. 

The divorce can have big implications including a forced co-own ership of Jamie and Frank McCarthy.  Dodgers fans are concerned about what this will mean for the organization as a whole, including the team’s ability to competitively recruit new players.

A point of contention in the divorce is whether or not the Dodgers should be considered “community property” during the marriage.  In California, unless it is legal documented otherwise, assets acquired in a marriage are generally considered “community property." Community property is generally split 50/50.

[NY Times] & [Biz of Baseball]

Working Through Divorce

Huffington Post blogger Lori Sokol describes how the experience of her divorce was positive. Sokol looks at the range of pressures on women, including responsibilities taking care of the family and managing work. She argues that the choice to work was a decision that saved her children from the stresses of divorce.

[Huffington Post]

New Study: Divorce Rate Much Higher for Women Diagnosed with a Serious Illness

A new study released in the medical journal Cancer found that women facing a serious illness were seven times more likely to become separated or divorced as compared to men with serious illnesses.  Dr. Marc Cambelain and Machael J. Glantz presented the findings of the study, which looked at 515 patients who received a diagnosis of multiple sclerosis or brain tumors from 2001 to 2006. 

According to the New York Times, the total number mirrored the national average of 11.6% during that same time.  When broken down by gender, the study found that when men became seriously ill, 3% experienced the end of a marriage. For women, the number was 21%.

The crux of the medical study offers new insight into the social factors that contribute to combating a serious illness. The stark difference of divorce rates between men and women facing serious illnesses raises some interesting questions of the gender role expectations in marriage.  

The Daily Buzz!

This … is your News of the Day!

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• Levi on Palin: Artic Diva's Dramatic Superstar Divorce?! [The DishRag, LA Times Blog] Could it be nippy in the polar Palin household? Or just downright frigid? Are Sarah and Todd headed for a great glacial split? Levi says yes ...
  
  
• Divorce + 18 Months = Home Free [Divorce-Online Blog] How long do you think it takes to get over a divorce? One study from online dating site www.fifties.com puts the number somewhere around 17 months and 26 days.
  
  
• Nas Snubs Spouse?! Celebrity Spousal Support Snafu [Celebrity Baby Scoop] via [TMZ] Rich rapper Nas reportedly refuses responsibility. Nas: the artist formerly known as "Nasty Nas" or "Nasir bin Olu Dara Jones" ...
  
  
• Hulk Hogan’s Post-Divorce Darkest Days, Near-Suicide Revealed [MiamiHerald.com] With a wife who left him to date younger men and a son in jail, the Hulk cracked. In his new book, Hogan reveals how even the toughest snap.
  
  
• British Bride Bludgeons/Burns Millionaire Hubby; Successfully Avoids Divorce [Daily Mail] Asking for a divorce got one 76-year-old British millionaire murdered by his steamy 28-year-old British Bride. Captivating Kate Young has been found guilty of smashing her millionaire husband's head with a huge pestle, setting him ablaze, and burying him in a sack.

The Daily Buzz!

Urgently Important, Strictly Business, Critically Significant: This … is your News of the Day!

• "Is Adultery Good for Women?" Cheaters' Website Finds Female Following [Jeff Schult, Your Tango via AlterNet] Why women are drawn in ever-increasing numbers to online-infidelity site AshleyMadison.com
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• Sandra Bullock's Ex-Con Porn-Star Child-Custody Crusade [ABC News] Sandra Bullock and Jesse James, husband, ex-con, and Monster Garage star fight James' porn-star ex-wife for custody of his 5-year old daughter.
• "The Six Signals of Divorce" [Psychology Today] Don't be dumbfounded by divorce. Spot the six signs of spousal stress.
• Not So Bad! Balloon Boy Sad Dad Deserves Another Shot [Frank Rich, NY Times Op-Ed Columnist] Wife Swap dad really so bad? Criminal? Or misunderstood so-close-to-fame unemployed handyman just wanting a shot at the American dream?
• Tide Turning on Kate? This Week in Jon & Kate Plus 8 [E! Online Blog] Root, root, root for the Jon-team. If he doesn't win it's a shame. For it's 1, 2, 3 ... 4, 5, 6, 7, 8 kids ... wait, I lost my place. Anyhow, an E! Online blog suggests Jon might not be so bad after all ...