Wednesday, January 21, 2009

Book about Divorce and Fatherhood

Many people are aware of the bitter divorce battle between Alec Baldwin and Kim Bassinger, and now Mr. Baldwin has written a book about his experience with divorce where he vilifies his ex-wife and the legal system. While I agree with him that there are plenty of attorneys' out there who pillage their client's who have large bank accounts, I believe that it is slightly unfair to put all of us into that category. Many divorce attorneys do their best to get their client's to the other side of divorce emotionally and financially in one piece. However, sometimes it is hard to control the other side if they are filing pointless motions and creating legal fees. When this happens, the best advice that I can give to my clients is to try to remain calm, let the system run its course and know that if they can get into the courtroom with clean hands, it will be in their best interest. The process can destroy you if you let it, and I think that this is something that Mr. Baldwin and other non-celebrities can relate to.

Tuesday, January 13, 2009

Escaping Death and Divorce

So many stories come out about people attempting to evade paying child support, alimony payments or splitting of marital assets. People will hide assets, fail to disclose income or simply hide cash under a mattress in order to escape these dirty words in divorce. However, rarely do you hear about someone faking his or her own death in order to escape these things. That's just what an Alabama may have done to escape divorce issues as well as other financial problems. Again, truth is stranger than fiction.

To read about this story, see:

Friday, January 9, 2009

I Want A Divorce, And My Kidney Back!!!

I always love hearing about all the crazy divorce cases out there in other states that have unique and news worthy aspects to them. The latest case is about a man in Long Island who is asking for a divorce and wants his kidney back that he donated to his Wife. You'd be surprised how often things like this come up in a divorce, most often I hear about men wanting restitution for the plastic surgery that their wives have had during a divorce, most commonly breast augmentation. Generally speaking, these requests don't have any bearing in a divorce case, but they do make the news. Chances are, this guy has no shot at getting his kidney back, but if New York is a fault state, and if his Wife is at fault for the divorce, he may be given some money for that kidney, if the Judge buys his argument. Again, the truth is always stranger than fiction.

Click on the link below to access the story:

Thursday, January 8, 2009

Immigration and Divorce

There are many areas of law that are tied to family law, most common are bankruptcy, real estate and immigration. I am by no means an expert in immigration law, but often times I am asked about whether not an H-4 Visa is valid during and after a divorce. An H-4 visa is a dependent/spouse Visa that is issued when your spouse has a H-1B Visa. You cannot work with an H-4 visa but you are allowed to remain in the United States with your spouse. The H-4 visa is valid until it expires, and will also terminate when your divorce is finalized. It will remain in effect during your separation period, but upon your final divorce decree, it will terminate. Therefore, you must file paperwork to change your status and request a new visa with a new classification before the finalization of your divorce. If you do not do this, you can possibly be deported or required to leave the country on your own accord. If you are concerned about immigration issues in your divorce, I highly suggest that you meet with an experienced immigration attorney before starting the divorce process, or in the alternative, hire an attorney who is knowledgeable in the area of immigration.

Wednesday, January 7, 2009

Stress of Divorce

There was a story that hit the papers a few weeks ago about a man who shot his ex-wife and her family and then committed suicide. He was a churchgoing man, and every article on the Internet had statements from people in the community who knew him and stated that they had no idea who that man was, that the man they knew was gentle and would not hurt anyone. Divorce is extremely stressful, and the fall out after the divorce can be even more stressful if you don't take control of your life and take care of your emotional well being. Do not under estimate the toll that divorce can take on your emotions, don't be scared to ask for help, and surround yourself with a support system that will help you through tough times. Yes, divorce can be rough, but you can get through it. If you are harboring unresolved anger or feelings of violence towards your soon to be ex, I suggest that you seek the professional help that you need in order to let go of that anger. There are plenty of support groups and mental health professionals out there who can help, just don't be afraid to ask for it.

Monday, January 5, 2009

Credit Card Debt and Divorce

One of the major issues that most people are facing in divorce these days are high amounts of credit card debt. Who is responsible, who is going to pay for it and how to pay it down are the major questions faced by all people going through divorce. Some people are forced into bankruptcy, others are saddled with the lion's share of the debt because their soon to be ex refuses to pay on the existing joint debt. The following article provides tips and helpful advice to people, both married and getting divorced, who are swimming in credit card debt.

Thursday, January 1, 2009

Happy New Year.....Can I Get Divorced Now?

January tends to be a very busy month for family law lawyers. Many people decide to wait until after the holidays to start the divorce process, some people decide the new year will give them the opportunity to start fresh. Our phones tend to be very busy the first week in January with people who are coming in for consultations and for people who have already met with us who are now ready to start the divorce process. I'm always curious as to the reasoning behind why people wait until January to get a divorce. Is January any better than December? If you get divorced around the holidays, does this scar the holidays for you for life? For all of you out there who have waited until January 1st to start your divorce, I invite you to post your comments here as to why you decided now is the time to start the process.