Jennifer R. Lewis Kannegieter

News

By

New York Becomes 50th State to Recognize No Fault Divorce

New York recently became the 50th state to enact some version of no-fault divorce legislation.  No-fault divorce allows couples to seek a divorce based upon an “irretrievable breakdown” of the marriage, “irreconcilable differences,” or simply “things are not working and we want a divorce.”  California was the first state to recognize no-fault divorce in 1970.

Prior to the introduction of no-fault divorce, a person seeking a divorce would have to prove his/her spouse was at fault, based upon such grounds as abandonment or adultery.  A judge would hear these allegations, and the other spouse could provide defenses.  The judge would then make a decision based upon whether the first spouse had proven the second spouse was at fault.  If so, the first spouse was entitled to a divorce.  In some cases, a judge could decide both spouses were at fault, and as such neither spouse was entitled to a divorce.

No-fault divorce allows divorcing couples to divorce amicably and without the need to air dirty laundry or make accusations.

By

Custody Battles for Military Parents

For several military parents a deployment to serve their country can cost them dearly in a custody battle.  While parts of the Servicemembers Civil Relief Act applies to military child custody cases, granting more time for troops to respond and prohibiting judgments against parents while they are deployed, there has  been a movement for additional protections for military parents while they are deployed.  Leo Shane III has an in-depth article, Custody Battles Can Become Rude ‘Welcome Home’ for Military Parents on Stars and Stripes.

By

Iowa Supreme Court Unanimously Decides: Ban on Same-Sex Marriages Violates Equal Protection Clause

In a ground breaking decision last Friday, Iowa became the third state to allow same-sex marriages.  In Varnum v. Brien the Iowa Supreme Court unanimously ruled that a statute limiting civil marriage to one woman and one man violated the equal protection clause of the Iowa Constitution.  Because the decision was based on the state constitution, there is no option of appealing the decision.  For a summary of the decision, click here.  For more information, see the article from The Des Moines Register.

As some states move towards allowing same-sex marriages, while others try their hardest to prevent them, various legal issues can arise for same-sex couples.  And the future holds many uncertainties.  No matter what state you live in or what state you marry in, it is important to meet with an attorney to discuss the legal steps needed to protect your family.  Contact me today to discuss estate planning, partnership agreements, and more.

By

You Can’t Sell Your Kidney In the Divorce

Not that this comes as a surprise… but a a New York court has denied a husband’s request that his soon-to-be-ex wife return a donated kidney or pay him for the value as part of the divorce.

When this case first made headlines, many divorce lawyers wondered if this was some sort of hoax and started debating some of the potential legal issues.  Is a kidney a non-marital asset?  If so, is the non-marital character lost by “co-mingling” this asset with others (namely the spouse’s organs)?  How would you trace this non-marital claim?  Is the donation a gift?  If so, is it a conditional or unconditional gift?  And how do you even begin to value a kidney?

In the end, none of that matters, it really comes down to public policy and laws we have against selling human organs.

By

Is the economy impacting divorce rates?

Many media outlets are reporting a fall in divorce rates due to today’s troubled economy (see: Hitched to the Economy: Divorce rates drop as couples realize it’s cheaper to stay together and ‘I just want to leave him, but I can’t afford it.’  Unhappy couples staying together as economy makes divorcing too costly.)  There may be some truth to this over all, but personally, I have yet to notice this trend.

Marital stress and financial problems often get caught up in a vicious circle.  Financial problems tend to put additional stress on an already strained relationship.   Many families are having a tough enough time maintaining one home.  The extra financial responsibility that comes with maintaining two homes can be unmanageable.  But staying in a miserable marriage may be detrimental to your (and your children’s) mental health.  It is a catch-22.

So what should you do if caught in this horrible situation?  Take some time to really evaluate your situation.

Go over your financial situation.  Can you spend less or earn more?  Is your debt load manageable?  Is there any relief in sight?  Is this a short-term or long-term setback?  Should you consider bankruptcy?

Then consider your desire for a divorce.  If the breakdown of the marital relationship has reached the point that living together is unmanageable, it really is time to get out.  You need to take care of yourself, take care of your emotional and mental well-being.

And just because finances are tight, it doesn’t mean you need to go without the advice of a lawyer.  Find a lawyer who will work with you to keep your legal fees down, or offer some sort of unbundled services.