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Social Media and Its Evidentiary Impact On Divorce Proceedings

admin — Thu, 29 Jan 2015 19:25:07 +0000

Jennifer Baker, a professional at the Forest Institute of Professional Psychology, contends that roughly 50 percent of marriages in America end in divorce.

In the past this statistic usually represented the younger generation. Those 50 years or older generally avoided divorce and upheld their marriage vow of “until death do you part.” Unfortunately, the divorce rate for those over 50 has nearly doubled in the last twenty years. Today, one in three of these marriages end in divorce.

Divorce occurs for many reasons including:

Economic difficulties
Infidelity
Midlife crisis
Substance abuse
Domestic violence
Living in a home without children for the first time

However, Sheril Kirshenbaum suggests another factor: that America’s older generation was unprepared for social networking and its ability to reconnect individuals to long-lost loves.

Think Before You “Post” or “Poke”

An overwhelming majority of attorneys surveyed by the American Academy of Matrimonial Lawyers (AAML) said they have seen an increase in social media evidence presented during divorce proceedings. Both attorney and private investigators are increasingly efficient at finding incriminating evidence on popular websites such as Facebook, Google+, MySpace, and Twitter.

These photos, comments, posts or status updates are seldom the type of information an estranged spouse wants presented to a judge. As Divorce.com suggests, an exposed parent could easily lose custody of their children, lose alimony, or find out a prenuptial agreement is invalidated due to improper behavior found online.

The Ease of Reconnecting

Fifteen years ago it took considerable effort for someone to track down a past love. Today, however, all one needs to do is enter their high school sweetheart’s name into a search engine to see where they work, if they are married or divorced, and often their exact mailing address.

Needless to say, temptations are at an all-time high, leading to what Nancy Kalish, a professor of psychology at California State University, calls “accidental affairs.” Harmless emails can escalate quickly, even for those in happy marriages who would not have cheated but for how easy it is to communicate through social networking sites.

In the end it is the individual’s responsibility for what they post on Facebook and other popular websites. Those unfamiliar with the dangers and allure of social media, however, must pay close attention to what they put on the internet.

Property Division In Tennessee: Factors Considered In Divorce Cases

admin — Thu, 29 Jan 2015 19:20:02 +0000

Many difficult decisions must be made when a couple decides to end a marriage and go through a formal divorce process. Where each will live, whether to contest custody of children, agree to joint care, and how marital property will be distributed must all be considered.

Residency and Filing Requirements

In order to file for divorce in Tennessee, the filing spouse must be a resident of the state at the time the grounds for divorce took place. If the grounds occurred outside of Tennessee, however, then one of the spouses must have been a resident for the six months prior to filing.

If you are unsure whether you meet these residency requirements, then you should contact a divorce attorney to determine the proper place to file.

Grounds for Filing

There are two types of divorces available: No-fault or at-fault.

No-Fault: If you have irreconcilable differences where both parties agree to a divorce and you are able to agree on all matters involving division of property and debt, custody and visitation, and child support, then you may file for a no-fault divorce.
At-Fault: There are many ways for a spouse to file for an at-fault divorce. Justifications include if either partner is impotent, one spouse has committed adultery, has been convicted of a felony with imprisonment, suffers from substance abuse, or serious neglect has occurred, among others.

Property Division Factors

Often both spouses mutually agree to divide marital property without involving the courts. However, when state involvement becomes necessary, Tennessee uses the “equitable distribution” method.

The court will initially classify which property and debt is marital and which is separate. Next, the court will assign each item a monetary value and ultimately divide the property in a fair (not necessarily equal) manner.

According to DivorceSupport.com, the court will consider the following factors when dividing the property.

The contribution of each spouse for the acquisition and preservation of the property
The economic situation of both spouses at the time of property division
The length of the marriage
The age and health of the spouses
The employability and earning capacity of the spouses

The above list is not exhaustive and it is advisable to speak with a divorce attorney regarding the complexities involved in Tennessee’s property distribution.

Tennessee Child Support Case Shows Consequences of Legal Parentage

admin — Thu, 29 Jan 2015 19:14:08 +0000

Sometimes courts need to step in to determine paternity when there is a dispute. However, courts do not always get it right when establishing paternity, which causes problems for all involved. A recent Tennessee appellate court ruling shows the consequences of a court incorrectly declaring a father to be a child’s legal parent.

Paternity Proceedings While Overseas

A Tennessee soldier was sued for child support while he was overseas in Iraq from November 2007 through January 2009. The man never responded to the suit, so the state moved for a default judgment and the Department of Human Services began to take money from the man’s military pay for child support payments.

When the soldier returned home from serving, he petitioned the court for repayment of the child support he paid. He claimed that he never received the letter the state sent ordering a DNA test, and a DNA test he took when he returned home revealed that he was not the father of the child. The court ordered the state to reimburse the man the $2,735 the state took from his pay.

Appellate Court Decision

The state appealed the court’s decision, and the appellate court ruled that while the court was wrong initially to issue a default judgment against the soldier, the court had no authority to order the state to repay the money that it took. There is no state law that allows repayment for child support paid in error.

The Servicemembers Civil Relief Act prevents courts from issuing default judgments against members of the military on active duty, but the only remedy for a violation of the SCRA is setting aside the judgment. The law does not provide for paying damages for losses. Additionally, federal law prevents retroactive alteration of child support.

Legal Parentage

The soldier’s case shows some of the legal and financial consequences that result from legal parentage. A child’s legal parents are obligated to support the child financially, so non-custodial parents may be court-ordered to pay child support.

However, parents also have legal rights to see their children. Either one of a child’s legal parents may petition for custody or parenting time. Without being a child’s legal parent (even if the biological parent), a person has a much harder time gaining custody or parenting time. Also, if a person is not a child’s legal parent, the child will not have access to the parent’s benefits such as health insurance, Social Security and veteran’s benefits.

If you are dealing with issues surrounding legal parentage of a child, contact an experienced attorney who can discuss your situation with you and advise you of your options.

Making Back-to-School Easier for Divorced Parents and Their Children

admin — Thu, 29 Jan 2015 19:12:14 +0000

As children in Tennessee and across the country return back to school in the fall, parents are helping children get back into school year routines to pave the way for happy and successful experiences. Going back to school can be hectic for all families, but divorced parents may have an even bigger challenge than most, trying to make sure a child’s year goes smoothly when the child has two homes. Divorced parents who co-parent can follow some tips to make the transition back to school easier for themselves and their children.

Coordinate Schedules

Parents should meet in neutral territory before the school year begins to plan schedules. Parents should go through the school calendar and note when each parent will have time with the child, dividing up weekends and school vacations. Parents should also put important events such as parent-teacher conferences on their own calendars and both plan on attending.

If the child is involved in extra-curricular activities, parents should plan for transportation for the child to and from lessons, practices, games and team events.

Meet with Teachers

Many schools host a back-to-school night where parents can meet with teachers to become acquainted with one another and to discuss the upcoming school year. If a child’s school does not offer such an opportunity, it is important that parents schedule a time to meet with teachers. Both parents need to attend this meeting. Parents should make sure the teacher is aware that the parents are divorced and provide each parent’s contact information. If teachers have email lists for parents or websites that parents can consult to learn about what is going on in class, both parents should be included.

Attending school functions such as a back-to-school night together also demonstrates to the child that his or her parents are both supportive and active in his or her life, which can have a calming effect on the child and help the school year go better.

Develop Systems for Transitions

Children may have difficulties going between two homes, and things like homework assignments, permission slips and lunch money may fall through the cracks, forgotten at one house or the other. Parents can help children by keeping a folder for important papers in a backpack that each parent is responsible for checking. Parents may also want to invest in buying used copies of the textbooks their children use so that there are duplicate copies in each home. That way if the child forgets a book at the other house, he or she can still get work done.

Parents can also develop a system for reminding the child who is going to pick him or her up from school that evening or which bus to take, such as leaving a note in a lunchbox or pinning a tag to a backpack to serve as a reminder.

Commitment to Communication

Many divorced parents have difficulties talking to each other, since the anger and hurt feelings from the divorce can linger long after they have separated. However, parents need to dedicate themselves to maintaining open lines of communication where their children are concerned. It is in the child’s best interest to have both parents aware of important school events as well as any issues the child may be facing, so parents need to prioritize their children above all else.

For those who find talking to an ex-spouse to be non-productive because the situation usually dissolves into an argument, email may be an alternative to in-person or telephone discussions. Electronic communication removes emotion from the discussion and allows parents to focus only on their children.

Protection Orders Based on False Allegations

admin — Thu, 29 Jan 2015 19:09:26 +0000

Tennessee law provides protection orders for victims of domestic violence, sexual assaults and stalking. A protection order is a civil order signed by a judge that prohibits an abuser from doing certain things, such as going to a certain location or contacting a victim.

Laws against domestic assault emphasize protections for victims of assaults. Unfortunately, the current system fails to adequately address the need to ensure justice for those who are falsely accused of domestic assaults.

Reasons why the protection order system is abused

Many innocent Tennessee residents are victimized by false accusations of wrongdoing and are facing unfair consequences of having protection orders issued against them. There are structural and tactical reasons why this keeps happening.

First, it is easy for alleged victims to obtain a temporary protection order. The only thing an alleged victim needs to prove is that he or she has a reasonable fear for her or his safety. One family law attorney stated that a judge once granted a restraining order because of the way his client looked at the wife during the hearing. It is difficult for a judge to conclude that absolutely no fear exists in a victim. As a result, almost everybody can get a temporary protection order just by asking for one and accusing another.

When a judge grants a temporary protection order during an ex parte proceeding it means that presence of both parties is not required. In this situation, a judge can issue an order without ever even hearing from an alleged abuser.

Gender bias also can play a role in a unilateral proceeding. According to a report by Stop Abusive and Violent Environments, 85 percent of persons against whom protection orders are entered are men.

Devastating effects of false allegations

The consequences of protection orders can be devastating to those against whom an order is entered. Even if an order lacks a factual basis, once a person against whom the order is entered violates the terms of the order, an alleged victim can have police arrest the alleged abuser and send him or her to jail.

Moreover, an innocent person can be precluded from coming to his or her own home because a judge can order the person to stay away from a house where an alleged victim resides. If an order is entered against a person with children, the protection order can deprive a person of his or her right to custody of the children in the event of divorce. Additionally, it can affect which spouse will get the marital home and other marital property during a divorce.

On the top of all that, protection orders treat many fathers and mothers like criminals, and in the eyes of their own children, they look bad. Especially in relationships with children, protection orders issued based on false allegations of abuse can continue to inflict emotional pains on innocent Tennessee parents even after they get the orders rescinded. Entering a protection order creates a record that is visible during employment background checks. As a result, protection orders can harm the reputations and career paths of innocent Tennessee residents and wrongfully impose social sanctions on them.

Based on interviews and surveys conduc ted with lawyers, many lawyers now know that the protection order system can be used as litigation strategy and as retaliation for unrelated matters. It is very difficult for accused individuals to defend themselves on their own. Innocent persons facing a protection order need aggressive representation by a family law attorney.

Tennessee Property Division: Insurance and Divorce

admin — Thu, 29 Jan 2015 19:06:08 +0000

When someone in Rutherford County is going through a divorce there are many things to think about such as finding a new home, separating physical property, hashing out the details for child support, and negotiating the terms of child custody. One thing that a person should pay particular attention to in their divorce proceedings is insurance.

Health insurance

Health insurance is one thing that a person should not be without, but it is also one of the most expensive protections to carry. If a person has been receiving insurance through their spouse, they should be aware that they will need to find their own health insurance. According to Reuters, the U.S. Affordable Care Act will provide some options for people who are in need of affordable insurance but that will not be available until 2014. A spouse can put themselves on COBRA for about 36 months but they should be prepared for higher costs.

If a person is the holder of the policy, it is important for them to notify the insurance company of the divorce. Failing to do so could result in a complete cancellation of the policy and other penalties. A spouse receiving financial support should try to make sure that their health insurance needs are included in their payment negotiations, if possible.

Homeowner’s insurance

When a couple is in the middle of a divorce, generally one spouse has moved out of the house but this does not mean they are no longer obligated to pay for the home insurance. If the spouse’s name is on the deed of the home, then they are still connected to the home legally until the property division is completed and the divorce is finalized. Until that moment, they should make sure that there is an active insurance policy in place according to Fox Business.

Once the divorce is finalized then the spouse who gave up the home should immediately contact their insurance company to alert them that they are no longer an owner. Often home insurance is connected to auto insurance and the person can make the change on both policies at the same time.

Life insurance

Life insurance can offer an ex-spouse financial security to take care of child support or spousal support obligations if the other spouse dies in an accident or from a medical condition. Because the policy often belongs to the person who is supporting the other spouse and children, the receiving spouse may want to negotiate the policy in their divorce settlement and keep the policy under their name to make sure that the beneficiary is not changed to a new spouse or different family member.

Spouses with life insurance policies should be sure to remove their ex’s name from the policy as a beneficiary if it is not included in the divorce settlement. Because insurance policies are complicated, it would be wise for a person to seek the assistance of an experienced attorney in their area.

As economy recovers, divorce rates increase in Tennessee, across America

admin — Wed, 28 Jan 2015 22:31:02 +0000

Recent research that will be published in the upcoming edition of Population Research and Policy Review suggests a correlation between our nation’s economic recovery and a rise in divorce rates.

Traditional belief – supported by such groups as The National Marriage Project – was that divorces dropped during tough economic times because spouses were growing closer as they fought through their bad financial situation. Study author Philip Cohen, a University of Maryland sociologist, disputes that, arguing that the data he analyzed instead shows that couples were not binding tighter during the economic downturn, they were actually just biding time until they could afford to split.

Cohen and fellow researchers studied years’ worth of marriage and divorce data, finding that there were an estimated 150,000 fewer divorces between 2009 and 2011 than would otherwise have been expected in that time. Fellow sociologist Andrew Cherlin (of Johns Hopkins University) theorizes that the new data correlates to historical divorce rate data from the Great Depression; when economic times are tight, the number of divorces drop, but as the financial outlook becomes brighter, divorces pick up again.

Neither Cohen nor Cherlin has made a definitive causal link between economic prosperity and divorce, though. In fact, other studies have found the opposite to be true; others have theorized that financial difficulties make divorce more likely, since most couples report that money is the number one cause of the majority of their arguments. The supposition being, of course, that more fighting about money leads to higher divorce rates when times are tight. More research is needed to determine the truth of this interesting sociological issue.

Are you thinking about divorce?

Regardless of your financial situation, sometimes marriages just don’t work. Even in the best of economic times, first-time marriages fail about half of the time. The rate of divorce in subsequent marriages is even higher. If you and your spouse are just starting to have trouble – or if you have thought seriously about divorce for some time – this is not a decision to make lightly. Notwithstanding the emotions involved, there are numerous practical concerns that must be addressed before a divorce can be finalized.

Key issues to consider

For example, the income you and your spouse had used to support your life together will essentially be cut in half (since it is now going to be used to support two distinct households). Are you prepared for a drastic drop in income? Do you have a nest egg or assets that could give you financial security while the divorce is pending? Or, will you need to request alimony (also called “spousal support” and “spousal maintenance”) from your spouse to give you time to get on the right financial path?

Priorities

Clearly, the division of marital debts and assets is a big concern for any divorcing couple. There are related issues involving the marital home, real estate and retirement/IRA/stock accounts. However, if you and your spouse have children, making a parenting plan that sets forth custody and visitation is paramount. Any parenting and time-sharing arrangements need to be made in the best interests of the child.

Do you still have questions about divorce? Would you like more information about how Tennessee laws treat matters like custody, child support and alimony? To learn more about divorce or other family-related legal issues, speak with an experienced Tennessee family law attorney today.

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