Amons issued a statement following the news, in which she said she wants her divorce to be "amicable". She explained that her primary concern is making sure her five children are not negatively affected by the divorce, saying their happiness is "of paramount importance." She did not reveal the precise reason for the recent filing, but her comments did seem to suggest that the divorce was not prompted by cruelty, infidelity or any cause of that nature.
]]> "It is with great sadness and a heavy heart that I have decided to end my 26-year-marriage," Amons said. She added, "While I have the deepest respect for my husband and wish him the very best, we have grown apart."Amons, the granddaughter of broadcaster and philanthropist Arthur Godfrey, is the most recent star of the Real Housewives franchise to file for divorce. Others include NeNe Leakes, Sheree Whitfield, Vicki Gunvalson and several others. Two of Amons' Real Housewives of DC co-stars, Catherine Ommanney and Stacie Scott Turner have gone through divorces since the show's end, while cast members Michaele and Tareq Salahi are currently embroiled in their own bitter divorce in Virginia. Real Housewives of DC was canceled after one season, though the franchise's four other series remain on the air.
Source: New York Post, "'Real Houswife' Mary Amons divorcing husband of 26 years," May 1, 2012
]]>Comedian, Martin Lawrence and his wife, Shamicka, have filed for divorce, according the actor's personal representative. The representative explained that the decision was mutual. Martin and Shamicka Lawrence dated for 15 years before their 2010 marriage. They were wed in a relatively small ceremony at their home. Among the wedding's 120 guests were a number of well-known entertainers.
]]> The Lawrences also announced their intent to seek joint custody of their two children following their divorce. The couple issued a public statement through Martin Lawrence's representative. The couple explained, "Out of love and respect for one another we will continue to remain friends and raise our two beautiful daughters together." This suggests that the decision to split was reached amicably.In Virginia, joint child custody may take two forms. The first is joint legal custody, in which both parents care for a child and make decisions about his or her upbringing but only one parent provides the child's primary residence. In shared physical custody, the child has two primary residences and is required to spend at least 35 percent of their time with each parent.
This will mark Martin Lawrence's second divorce. He married a former Miss Virginia in 1995, but the couple divorced two years later in 1997. Lawrence has one daughter from that relationship, now 16-years-old.
Source: AceShowBiz, "Martin Lawrence and Wife Mutually Decided to Divorce," April 25, 2012
]]>Tiki Barber, a former running back for the New York Giants, decided to retire in 2006. Upon finishing his career on the field, Barber attempted to establish a profession in broadcasting, where he was employed by NBC as an analyst. That's where he met his future wife, who was serving as an intern for the network. The couple's relationship eventually led NBC to terminate Barber's employment.
]]> However, the relationship has stayed intact and Barber and his fiancé are planning on getting married later rather than sooner. The couple was aiming to wed on May 12, but they had to push the date back because Barber would not be officially divorced from his current wife by that time.If Barber chose to re-marry before dissolving his current marriage, he would have ran into legal problems due to New York's bigamy laws. A source close to the couple said that the divorce is taking longer than they expected, so they are now planning on getting hitched during the summer.
Barber has been married to his estranged wife for 11 years and the former player has four children with her.
Barber's current wife is asking that he fork over $150,000 per month for child support and alimony payments. This is a sum that Barber states he can no longer afford. Records did not indicate how much money he turned over to his soon-to-be ex-wife in the divorce settlement, but without his career in the spotlight, it is feasible that the requested sum may need to be renegotiated.
Source: Mail Online, "Tiki Barber forced to delay wedding to mistress...because he won't be divorced from his wife on time," April 16, 2012
]]>Although it was Tareq that filed for divorce from his soon-to-be ex-wife, he claims that doing so harmed the "Salahi brand" and cost him a number of TV show offers and caused him "severe emotional pain." He also accused Michaele and Schnon of several other offenses.
]]> Regardless of Salahi's claims, the case will not to go to trial, as it was recently dismissed by Virginia Circuit Court Judge, who referred to the lawsuit as "not legally sufficient."Upon hearing news of the claim's dismissal, Michaele and Schon described feeling "a great sense of relief." Michaele said she was regretful about the development of the incident, but explained that both she and Tareq need to move forward with their lives.
For Michaele, doing so requires the finalization of her and Tareq's divorce. She estimated that the divorce could be completed in as soon as six months if both she and Tareq agree to it. "We don't have children, we just have the home to work through," she explained. She added, "I think it's really healthy for us both and I just want to be free."
Tareq and Michaele Salahi first made headlines in 2009 after allegedly intruding on a White House State Dinner. They later went on to be featured on a Bravo reality television series.
Source: Huffington Post, "Tareq Salahi's $50 Million Lawsuit Dismissed By Judge," April 13, 2012
Source: Wetpaint, "Judge Rules on $50 Million Lawsuit Filed Against Real Housewife Michaele Salahi by Her Ex Tareq," Erica Strauss, April 12, 2012
]]>The German-American model reportedly cited "irreconcilable differences" in the divorce filing. In Virginia and many other states, irreconcilable differences are commonly cited as a reason for no-fault divorce. Klum requested primary physical custody of the couple's four children, though the couple plans to share joint legal custody with Seal holding visitation rights. According to court documents, the couple has already signed a post-nuptial agreement. This means they will be able to skip the property division phase that occurs during most divorces.
]]> In March, Klum told reporters that the couple stayed silent regarding their separation to protect their children. She explained that "every couple goes through things. Unfortunately, we're in the public so the highs are out there. But I don't think it's necessary -- especially for our children -- to have the lows being printed in magazine and talked about."Seal also spoke publicly on the split. "You just grow apart after a while, and you try, and you work through it and the thing you quickly realize when you're married and when you become a parent is that you do the best you can," explained the singer during an appearance on a popular talk show.
In early 2012, Klum and Seal made a joint statement about their decision to split. They explained that while their seven-year marriage was "loving, loyal and happy," they reached the decision to separate amicably. They thanked their friends and fans for their support and respect for the family's privacy, and stressed that the separation would not affect their children's status as the couple's "top priority."
Source: Huffington Post, "Heidi Klum Divorce: Model Files to Divorce Seal," April 6, 2012
]]>Soon after meeting, the couple was married and the man began improving his English skills. He collected a regular paycheck from the saw mill, but eventually got hurt and had to take less lucrative jobs. By this point, the man and his family were receiving assistance with clothing, diapers, transportation and food from the government. This led one social worker to speak out against returning child custody to the man, whom the worker claimed was unable to show that he was able to properly provide and care for the children.
]]> The man repeatedly encountered legal trouble before being asked by his probation officer to check in at the office. When the father arrived, immigration agents arrested him. He was then held for two months before being deported, leaving his pregnant wife to care for the couple's children alone. Soon after the arrest, the mother was deemed incapable of caring for her children and lost custody.The father hopes to regain custody of the children, which officials say is possible if he calls them regularly, sends gifts and makes other such displays. However, the man said he cannot afford to offer his children expensive gifts on his weekly salary of $75 as a day-laborer. Given the current nature of the man's life, officials have repeatedly told him that he cannot properly care for his sons.
In late 2011, the boys' court-appointed guardian recommended that they be adopted by new parents, noticing that they were doing well under the care of foster parents. Until that adoption goes through, the man said he plans to continue fighting for child custody, saying that he would even consider crossing the border and risking a second deportation to be with his boys.
Custody cases involving a parent from outside of the United States have been making the news recently. There is no easy answer for this situation. The children's best interests must be protected; whether that is with a father who loves his children or a family who can financially provide for them.
Source: LA Times, "Deported to Mexico, a father hopes for custody," March 31, 2012
]]>A Circuit Court Judge granted a motion for default judgment against the woman after she failed to appear in court. In Virginia and many other states, failing to attend a child support hearing typically results in a default judgment and an unfavorable ruling.
]]> The woman sent the 7-year-old boy back to Russia alone, explaining that she did not want him anymore due to his tendency toward violence and intense psychological issues.While the woman did not face criminal charges, the agency through which she adopted her son sued her for child support in 2010. The agency, known as World Association for Children and Parents filed the claim in Circuit court, but the case was later transferred to Juvenile Court. After the initial lawsuit was dismissed, WACAP re-filed the claim for child support and breach of contract. The woman reportedly failed to respond to the lawsuit.
The woman declined to appear at the proceedings, but hired a court recorder to supply her with a transcript of the hearing. She sent a letter to an official with the court, saying that she was "unable to comply" with the judge's order for her to appear, citing a desire "to safeguard my legal and constitutional rights," among other reasons.
The judge ruled that the woman is responsible for paying child support for the child, also prohibiting her from presenting testimony in her own defense. He explained, "She may have had issues she could have raised, but she has chosen not participate in this process."
An attorney for WACAP said the woman showed "disdain for the rules and order of [the] court," despite being offered a chance to make her case. However, he said he would not file a motion of contempt against the woman, despite his initial intentions.
Source: Shelbyville Times-Gazette, "Hansen must pay: Judge," Brian Mosely, March 8, 2012
]]>One retired officer who was employed by the CIA for over 20 years and now lives in Virginia says he learned about the number of divorces in the agency several years ago. The officer, who asked not to be named in order to protect his family, says he saw the figures after requesting them from the CIA's human resources in 2005.
]]> The officer claims to have asked for the data because he was concerned about the pressures facing CIA officers serving in the Middle East in the aftermath of Sept. 11, as well as the related problems affecting those officers' families. While he could not produce specific figures, he says he told his officers not to take unaccompanied tours of duty twice in a row, fearing the negative effect it could have on their marriages and family life.Even a former CIA director says he is concerned about the divorce rate within the agency, though he was also unable to provide specifics. He said he and his wife wanted to know how significant of a factor divorce represented in the agency's ranks after hearing multiple stories about the frequency of failed marriages. "But privacy laws prevented us from getting accurate information. The real answer is we don't know what is true about the divorce rate," he explained.
A CIA representative admitted that the agency's high-stress work environment can have negative effects on relationships, but noted that many CIA marriages last for years. The CIA currently operates a program aimed at providing support for the families of CIA employees serving in war zones.
Source: Washington Post, "CIA divorces: The secrecy when spies split," Ian Shapira, March 13, 2012
]]>Officials in the few remaining jurisdictions that have yet to allow online access to court documents say they are fighting demand for such systems, explaining that it could violate the privacy of some people. Clerks in these counties say their constituents are concerned about having the details of their legal affairs being readily available online, especially divorce documents and other domestic cases.
]]> Even though existing databases in Virginia do not reveal actual court documents like divorce papers, opponents of such systems say that even revealing a person's name to the public could be problematic. "There are many people who are embarrassed or sensitive to others knowing anything about their personal business, even if it's merely their name being posted online in connection to a case. Sometimes seeing a little information leads individuals to make inappropriate assumptions," argued a clerk with one circuit court."My constituents spoke loud and clear about privacy issues. They do not want their personal information posted on the open Internet, especially where it concerns divorces with custody and support issues within those cases," explained one official.
Most judges in Virginia support allowing the public to easily access court information online. One judge said that many attorneys have spoken to him regarding a lack of access to such data. He explained, "I think it would be beneficial to not only lawyers, officers of the court, commonwealth's attorneys and the press, but the public as well." Another judge spoke out in support of online availability of court documents, calling open access to courts "an essential hallmark of the American system of justice."
Source: Richmond Times-Dispatch, "More Va. Jurisdictions putting court information online," Mark Bowes, March 11, 2012
]]>The bill would have established an assumption that joint legal custody represents a child's best interests unless there is significant reason to believe otherwise. The bill also stipulated that each parent would have physical custody for a minimum of two thirds of the child's time. A former official with Fathers for Virginia and resident of Fairfax County explained that such a bill could have made it easier for fathers to parent their children. "No man can be a father to his children on the basis of seeing them every other weekend," he argued.
]]> However, much of the language that appealed to father's rights advocates was cut from the bill when it was considered by the House Courts of Justice Committee, leaving no mention of joint custody. Now, the bill only says that judges must be clear in explaining their reasons for making a custody or visitation decision. The General Assembly approved the revised bill, sending to Virginia's governor to be signed into law.Critics of the bill say the amendments counteract the beneficial effects of the original bill. One child custody mediator who supported the original bill argues that the amended legislation "does nothing to change anything of importance. Judges are already supposed to communicate the basis for their decision. So what does this change?"
While Virginia law says that fathers and mothers should be considered equally in custody decisions, data from the Virginia Department of Child Support Enforcement shows that only 6 percent of fathers are named custodial parents. In most other cases, fathers often received no custody rights other than visitation.
Source: Rappahannock News, "Dads disappointed by child custody changes," Brad Fulton, March 3, 2012
]]>While experts say that child support payments are certainly helpful in caring for children, single parents should make plans in case such funds stop coming, said an official with the National Endowment for Financial Education. For instance, a parent could begin contributing more money to a retirement account or emergency fund. Parents receiving child support for should also be ready to relocate if such money accounted for a large portion of their mortgage or rent payments.
]]> The official also recommended that parents pay close to attention their former partner's finances. "An increase in earnings is an opportunity for you to petition the court for an increase in the financial support you're receiving." She also explained that any single parent in Virginia or elsewhere in the United States is legally entitled to receive child support, even if they are unaware of the other parent's location. According to the Department of Agriculture, raising a child in 2010 cost an average of $226,920 making the additional money parents can receive through child support even more important.Experts also recommend that single parents take advantage of child-care tax deductions, prepare their estate for after their death or incapacitation, save more money and learn how to manage risk. Specifically, one financial planner recommended that parents adopt insurance that includes long-term disability coverage, as it will cover unexpected illness for over 90 days. Another expert recommends the establishment of an emergency fund, which should contain expenses for roughly six to nine months of living, as well as money needed for hospital visits, car repairs and other similar unplanned costs.
Source: Fox Business, "Financial tips for single parents," Andrea Murad, Feb. 27, 2012
]]>Virginia currently has the nation's 41st highest divorce rate at 10 percent, approximately 4 percent lower than the state with highest number of divorces. According to an associate professor of sociology at the University of Virginia and director of the National Marriage Project, "a large minority" of couples who consider divorce ultimately postpone or abandon their plans to separate.
]]> The professor explained that financial difficulties are often a primary motivator in such decisions, particularly in cases in which couples who have suffered drops to their home equity since the beginning of the recession. He added that people tend to wait for their economic situations to improve before deciding to divorce, marry or make other important life decisions.The new Census Bureau data also revealed that men are increasingly pursuing divorce at older ages than women. While the agency's data showed that most recently divorced women were between the age of 24 and 44 when they separated from their spouses, most recently divorced men were between the age of 35 and 54. Additionally, researchers found that infidelity is the most common reason for divorce, ranking higher than abuse, communication issues, financial difficulties and sexual incompatibility. The data also suggests that divorce affects women more negatively than men.
Source: NBC Washington, "Divorce Rate Falling Nationwide," John Wist, Feb. 8, 2012
Source: Virginian-Pilot, "Expert assesses effect of bad economy on marriages," Philip Walzer, Feb. 13, 2012
]]>A Virginia circuit court has ruled that only citizens of Virginia have the right to access public records from state agencies. The ruling was sparked by a challenge of Virginia's Freedom of Information Act, which forbids individuals from outside the state from public records. The complaint was filed by two non-residents. A man seeking Virginia real estate records and a man who underwent divorce filed for child custody and child support in Virginia but neither live there.
]]> The second man submitted a petition for child support to the Virginia Division of Child Support Enforcement, but the agency did not file the petition on his behalf until nine months after it was sent. The man then requested that the agency reveal how it processes child support petitions and explain why the process suffered such a delay. The agency denied the request, explaining that the man was not entitled to the information due to Virginia's Freedom of Information Act.Along with his co-filer, the man filed a federal complaint in which he claims that the state's Freedom of Information Act constitutes discrimination against him and other non-residents. His co-filer contended that the statute also "violates the dormant commerce clause" because it grants Virginia residents exclusive access to state records, which inhibits his ability to conduct certain forms of business "on substantially equal terms with Virginia citizens."
While the final ruling agreed that the law discriminates against non-residents of Virginia, it explained that such measures are not illegal. A judge wrote that "while the appellants may well be correct that access to public records is of increasing importance in the information age, that assertion misses the salient inquiry."
Source: Courthouse News Service, "Out-of-States Have No Claim to Virginia Files," Rose Bouboushian, Feb. 7, 2012
]]>The couple currently shares joint legal custody of their daughter, but Berry had hoped to convince a judge to award her with full custody. In Virginia, and many other jurisdictions, courts often prefer to award shared custody when possible. Berry also asked the judge to issue an order prohibiting Aubry from visiting the child, but that request was denied.
]]> Berry declined to comment on the ruling, as did Aubry. As he left the courtroom following the hearing, he told reporters, "This doesn't mean I'm not happy, but I'm going to put my sunglasses on now," and hurried away from the courtroom. According to one source, both Berry and her former boyfriend were told not to speak to reporters until officials can finish evaluating the allegations against Aubry.Aubry has been accused of shoving the nanny employed to care for the child he shares with Berry. The nanny claims that Aubry violently pushed her while she was holding the child in her arms. She said that Aubry pushed her on another occasion and treated her poorly in general. Aubry's attorney stressed that his client would never endanger his daughter's safety.
Until the accusations can be fully investigated, Berry and Aubry will both continue to receive counseling and have agreed that their daughter should visit a therapist to help her deal with the stress of the dispute.
Source: New York Daily News, "Halle Berry's baby daddy Gabriel Aubry won't lose shared custody of 3-year-old," Nancy Dillon, Feb. 3, 2012
]]>During a divorce, you are generally entitled to a portion of any assets you and your spouse collect over the course of your marriage, regardless of whether these are jointly held or not. Likewise, a court may find you responsible for taking a portion of your spouse's debt. This can result in you dealing with credit card debt even if your name does not appear on the associated account.
]]> During the discovery phase of a divorce, you may be allowed to verify what was purchased with your spouse's credit account and argue whether or not it is subject to equitable distribution. For instance, if it is found that your spouse's debt was incurred by purchasing food, clothing or other necessities, you may have to take responsibility for part of it. However, if the money was spent on something dubious, such as a gambling or substance addiction, you should be able to avoid responsibility for any of the debt with the help of experienced legal counsel.Financial professionals recommend that you resolve any joint debt before you file for divorce. Creditors are not required to pay attention to divorce decrees, meaning that you may be targeted if your ex-spouse fails to pay his or her credit card debt, even if a court found you not responsible for such a liability. Knowing how credit card debt can be distributed between divorcing spouses highlights the importance of knowing the exact terms of your divorce and how it will affect you in the future.
Source: NJ.com, "Biz Brain: Divorce and credit card debt," Karin Price Mueller, Jan. 30, 2012
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