Whose Embryos Are They?

As I was getting ready for Court this morning, there was a news item on the Today Show, regarding a couple's battle over what should happen to frozen embryos. The couple had created the embryos and right before the invitro fertilization procedure was to happen, the husband changed his mind. The couple has since been divorced and are arguing over what should happen with the embryos. The man believes that the embryos should be destroyed and the woman wants them so that she can bear a child. The case is still being appealed, and it may get all the way to the Supreme Court of the United States before a decision is made about what should happen with these embryos. The ex-wife is saying that she will absolve the man from any financial responsibility for the children, basically making him nothing more than a sperm donor. However, the man state's that if a child was born, he would want to be the father. On the surface this is a right to be a mother v. a right not to be a father debate. The issue for the ex-husband is that the couple is divorced and has a contentious relationship. He believes that his ex-wife has other options to have children and that it is not right to bring children into a very tumultuous world. I don't really know all the facts surrounding this case, but I tend to agree with the father's point from a strict best interest of the children standpoint. However, there is an underlying "moral" issue about when does life begin and are the embryos actually "potential life" which should not be destroyed? I will remain silent on that issue, but welcome any one's thoughts on the subject.

If you would like to watch the Today Show piece concerning the couple this blog is based upon, please see: http://today.msnbc.msn.com/id/18958324/

Preparing For A Divorce

I stumbled across the following blog on an Alabama Family Law Blog concerning how to properly prepare for divorce. There are eleven (11) preparation suggestions to help make your divorce go more smoothly. The preparation suggestions are listed as headings below. If you wish to read the content in more detail, simply click on the heading. Thank you to Sherman & Jeffries for such helpful information.

Step 1: Find a Wise Guide
Step 2: Make an Accounting of the Family Finances
Step 2A: Determine What You Own
Step 2b: Determine What You Owe
Step 2c: Determine Income (yours and your spouses)
Step 3: Make Photocopies of all the Financial Records
Step 4: Prepare a Budget
Step 5: Document & Safeguard Personal Property
Step 6: Establish your Own Credit
Step 7: Assess the Financial Accounts
Step 8: Assess the Credit Accounts
Step 9: Avoid Additional Debt or Major Purchases
Step 10: Stay Put (until further notice)
Step 11: Keep a Diary

Sperm Donor's Required To Pay Child Support?

There is no question that artificial insemination has created some unusual circumstances in family law cases such as disputes over who should retain custody over frozen embryos. A new case in Pennsylvania discusses whether a sperm donor is actually a third parent to the children his sperm created and whether those children are entitled to child support. The circumstances involving the sperm donation in this case are unusual and not the norm, due to the fact that the donor was a close friend of couple and not through the use of a "sperm bank". Under "normal" circumstances, the donor is aware that he is relinquishing any rights and obligations to any child which may be born from his sperm, and the couple who uses the sperm understand that they are accepting all the rights and obligations. Therefore, a child who is born through artificial insemination with the use of anonymous sperm, cannot request child support. However, this Pennsylvania case brings up interesting questions about a biological parent's duty to support a child if he or she does not formally waive any rights to that child.

To read about the Pennsylvania Case that this blog is based upon, see: http://www.ydr.com/newsfull/ci_5885563

Central Florida And The Ex-Wives' Club

I wrote a blog a few weeks ago about a new reality television series staring some Hollywood Ex-Wives. It seems that the casting for this show started right here in Central Florida. I am aware that divorce is very prevalent here in Central Florida, and while the divorce rate seems to be falling in other areas of the country, Florida's divorce rate is still holding strong. So, I'm not all that surprised that there were plenty of scorned men and women here in Central Florida, what surprises me is that there are so many people who were willing to air their dirty laundry on national television. I'm sure that initially, this new show will have good ratings, but I feel that the novelty will wear off and people will need to find other outlets to cure their hurt feelings and learn how to move on after a bitter divorce.

http://www.orlandosentinel.com/entertainment/tv/orl-a2story28_207may28,0,325616.story?coll=orl-caltvtop

Couples With Children With Disabilities More Likely Too Divorce

I always liked the quote "life is what happens when you are busy making other plans". This statement is very true in the context of marriage especially when a marriage is tested, for example, when a couple is faced with the difficulties of raising a child with special needs. When a couple decides to start a family, often times they are 100% surprised if their child is born with autism, cerebral palsy or a number of other disabilities. The divorce statistics for couples raising a child with special needs are quite high, mostly due to the stress that caring for such a child puts on the marriage. In addition, men and women have different ways of dealing with stress and their different ideas sometimes clash and cause a stable marriage to crumble. Therefore, it is necessary for couples faced with challenges involving their children to seek help and to make sure they take time for each other. I encourage all couples with children who are disabled or mentally challenged to seek out help, either through support groups or therapy to help them deal not only with the care of the child, but also how to deal with the stress in a positive and constructive way in order to avoid ending up in divorce court.

To read a question and answer from a psychologist about how to deal with the stress of raising a special needs child, see: http://www.insidebayarea.com/bayarealiving/ci_6001093

Divorce and the IRS

I've often talked about the negative and ancillary effects of a divorce. More often than not, when a high profile couple is getting divorced, information is leaked the press or makes the newspapers that shows that there may be some form of tax evasion and no sooner can you say audit, does the IRS make their appearance to determine whether a couple has any tax liabilities from previous years. It seems like that is what is happening in the most recently publicized divorce battle between golfer Greg Norman and his wife. It seems that the IRS is auditing the couple to determine whether they have any outstanding tax liabilities for the year 2003 and 2004. If the couple had settled their case, its quite possible that all the aspects of their divorce, including any possible tax liabilities, would remained quiet. I sense that this case will be in the papers for weeks and months to come, and the couple will spend much of their fortune on lawyers and taxes.

If you would like to read the latest concerning the Normans' divorce, see: http://www.news.com.au/sundaymail/story/0,,21793366-953,00.html

The Ex-Wives Club

Leave it to reality television to glorify a lover scorned, or to glamorize what divorce is all about. A new reality television show on ABC will feature Marla Maples (Donald Trump's ex-wife), Angie Everhart (Ashley Hamilton's ex-wife), and Shar Jackson (Kevin Federline's ex-wife), where they will dish dirt and help those scorned get over their exes in a "positive" way. They use such tactics as dropping and ex's car from a great high distance to name just one positively insane tactic. I'm sure that these types of shows are good for ratings, however, I don't really believe that they do anything positive to help a divorcee get over their ex. In real life, you would go to jail for destroying property and you don't get paid for admitting that you may have treated your ex-spouse in a less than affectionate way. Tune into these shows for entertainment purposes, but do not use them as ways to get back at your ex in in your own life. The best approach for getting over an ex is making yourself happy, and a good therapist never hurt.

If you would like to read about the Ex-Wives Club, visit: http://www.reuters.com/article/televisionNews/idUSN2542198120070525