Are South Carolina Couples Done Saying "I do?" Not Necessarily Says One Expert

As of 2010, married couples had fallen to barely 51% of U.S. households, according to the Pew Research Center, with a full 5 percent drop in new marriages between 2009 and 2010 alone. The data for last year isn’t yet in, but if the decline continues then less than half of all adults will be married. Does this mean that marriage as we know it is dying? Not necessarily, according to Stephanie Coontz, a professor at Evergreen State College. Coontz’s most recent book is "A Strange Stirring: The Feminine Mystique and American Women at the Dawn of the 1960s."

The decline in marriage rates is dramatic when compared to the 1960s. Back then nearly half of all 18-24 year-olds and 82% of 25-34 year-olds were married. Those same figures in 2010 fell to 9 and 4% respectively. Today, the average age of first marriage is almost 27 for women and 29 for men, up from 20 and 22 in 1960.

This does not mean marriage is going the way of the dodo. Divorce rates have actually been falling for most of the last 30 years. More people are also marrying for the first time as late as their 60s and as gays and lesbians gain marriage rights many more young people previously barred from marriage might start taking the plunge.

The role of marriage as a stepping stone along the path to a stable future has eroded. Still, marriage is an important factor in financial success. In the 1960s, even a college-educated woman typically earned less than a man with only a high school degree, so getting married was seen as a tremendously wise investment in a woman’s future.

Even high school dropouts were seen as a good catch because wages were often enough to support a family once a steady job was secured. Since 1969, the wages for men with a high school diploma have declined 47%.

This means that women in low-income communities are now wary of marrying men without at least a college degree. If a woman does marry and then does not invest the needed time and money into her own education and career development but is hitched to a high school grad with limited prospects she might actually end up in a worse position economically than if she had stayed single. This explains why many couples in low-income communities tell researchers that they intend to wait for marriage until they have achieved some degree of economic stability.

Not being married further exacerbates economic inequality because the majority of marriages now involve two wage earners, multiplying the advantage of those who are able to find a partner and avoid a costly divorce.

Coontz does not believe that marriage is disappearing anytime soon. Most unmarried Americans say they want to eventually marry. However, times have changed and it is unlikely we will return to the era of early and lifelong marriage seen in the 1960s. 

Source: “Marriage: Saying 'I don't',” by Stephanie Coontz, published at SacBee.com.

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Tips on Surviving Financial Infidelity

Divorce can result from many things, but financial reasons are chief among the causes. Most people have made purchases outside your agreed upon budget then lied to hide the evidence or made purchases without clarifying just how much the totals came to. Making decisions to put you and your spouse at financial risk can create trust problems that could ultimately lead to divorce down the road. 

The best way to avoid these problems is to keep the lines of communication open and to talk candidly with your significant other about your finances. Suzanna de Baca of the Huffington Post offers the following tips for keeping conversation open and honest. 

  1. Agree on financial goals and stick to a mutually agreed upon budget :: Discuss your larger financial goals and be honest. What do you both want long-term and short-term? If you disagree then discuss how you’ll compromise and set common goals. 
  2. Discuss your money styles :: Everyone handles money differently and you need to be open about those differences. Are you an impulse buyer or are you a comparison shopper? If your styles differ wildly then you might want to consider opening separate accounts.
  3. Forgive and forget, but take care of yourself :: If your loved one commits financial infidelity then weigh the situation and sit down and talk about the problem. If the action was especially egregious or was the second time, be honest about your feelings and how to move forward in the future.
  4. Have regular financial conversations :: Having a trusted professional as part of the conversation can make a tough conversation easier. If you and your spouse cannot agree on priorities then setting up a regular meeting with a financial planner to serve as a mediator might be a good idea. 

If you or someone you know is facing such a stressful divorce, you need the help of an experienced South Carolina family law attorney to guide you through the complicated process.

Source: “Are You a Victim of Financial Infidelity?,” by Suzanna de Baca, published at HuffingtonPost.com.

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Can Divorce Lawyer Be Forced to Testify in Client's Ex-Husband's Murder Trial? Maybe

An article on ABAJournal.com discussed how one Georgia Court was recently forced to answer a grim question: can a lawyer representing a murder defendant's wife be required to testify in the husband's criminal trial?  A judge must now answer that question after hearing arguments regarding a motion to quash a witness subpoena for the wife’s attorney Esther Panitch.

Though it’s still the case that any information gathered by Panitch for the purpose of providing legal advice will remain confidential due to attorney-client privilege, the husband’s counsel argues Panitch has material information separate from her representation of the wife. 

Just what exactly this material information is has not yet been revealed. Panitch originally acted as divorce attorney and now serves as advisor to the wife for the murder trial of her husband, Hemy Zvi Neuman.

Superior Court Judge Gregory Adams of DeKalb County Superior Court heard arguments on the witness subpoena issue just last week. One issue Adams heard concerned whether the prosecution must give more concerning the information Panitch may possess.

Her attorney and business partner, James R. Hodes, argued that Panitch does not have any relevant evidence concerning the murder case of her client’s husband and argued that subpoenaing her as a witness interferes with her ability to counsel her client effectively.

Husband’s attorney said that he anticipates “calling her as a witness, not because we are trying to get to information that she talked to Ms. Neuman about, but because we think she has independent facts that may be important in the case,” adding: “There is a legitimate basis for this subpoena, and I want to hold out the possibility that we may need to call her."

The case revolves around a murder allegedly committed by Henry Neuman, in his late 40s. He is accused of killing Russell “Rusty” Sneiderman, 36, in November 2010, after the Sneiderman dropped off his 2-year-old son at an Atlanta-area day care center. Neuman was the boss of Sneiderman's wife, and investigators say the two had been having an affair.

If you or someone you know is facing such a stressful divorce, you need the help of an experienced South Carolina family law attorney to guide you through the complicated process.

Source: “Can Divorce Lawyer for Defendant’s Wife Be Subpoenaed in Murder Case? Defense Counsel Says Yes,” by Martha Neil, published at ABAJournal.com.

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While Some States Slow Down Divorce, Others Put the Pedal to the Metal

As we mentioned in a post last week, some states have made a move toward lengthening their divorce process in the name of looking out for the best interest of children. New Jersey is evidently not as concerned with such things. In fact, New Jersey is set to become the East Coast version of Vegas

Legislation is currently sitting on New Jersey Governor Chris Christie’s desk which would turn this into a reality. The bill, if signed, would make it easier to get married in the state and would also expedite the process of getting a divorce.

The bill was passed by both houses of the New Jersey Legislature last week and would eliminate a mandatory 72-hour waiting period for a marriage or civil union license. The speed comes at a cost, however. The bill would see the cost of a marriage license rise to $60 from $28. Additionally, the bill would allow couples to annul a marriage within 30 days without the need to go to a court. Specific details on how the annulment process would function are still being hammered out.

The current rules in New Jersey require those who want an uncontested divorce to wait at least six months. The number is reduced to three months if the couple can demonstrate that the marriage is not working and that there has been fault.

The new bill has its fans and its detractors. Some believe it will bring more visitors to the state, increase revenue and be a generally positive change for New Jersey. Others say it cheapens the sanctity of marriage and will lead to increased family problems in the state.

If you or someone you know is facing the prospect of a divorce in South Carolina and in need of advice on our state’s unique process, turn to an experienced South Carolina family law attorney for help.

Source: “New Jersey Weddings May Go Vegas Style,” published at WSJ.com.

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Think Breaking Up is Rough? New Study Confirms Divorce Can Kill

According to a recent article on HuffingtonPost.com, A new study entitled “Divorce and Death” appearing in “Psychological Science” shows that failed marriages can actually kill at the same rate as smoking cigarettes.

Results were shocking as numbers showed that the risk of dying is a full 23% higher among those that have gone through a divorce than married people. Researchers were stunned as they did not believe life expectancy would be slashed to ages comparable with smokers, heavy drinkers, and the obese.

Study authors David Sbarra and Paul Nietert make sure to point out that the association between divorce and death “cannot be deemed causal.” They never intended to imply that the moment you file divorce papers you might as well start picking out a lovely casket. Instead, the research indicates that “there is something uniquely difficult about remaining separated or divorced that accelerates time of death.”

It’s the cumulative strain of being a long-term single parenthood or the burden of a persistent conflict with an ex that causes the stress that can be a killer. Experts have long believed that interpersonal relationships and health are entangled in a complex way. In a sad way, one spouse’s damaging personality trait – whether hostility or negativity – can be responsible both for killing the marriage and, in the long run, for killing the ex. 

Ex-husbands are at significantly higher risk of a premature death than their ex-wives. The reason is that it appears wives help keep their husbands alive. Men generally die younger than women, but wives are de facto caregivers. Studies dating back as far as the 1970s have shown that without a woman around, a man’s health fails and he typically refuses to do much about it. Though technology and the ease of self-diagnosis has improved the situation, these are usually afterthoughts. Companionship with a nurturing woman is a built in prevention for sickness in old age. 

Though marriage is generally better in the long run than divorce for your health, the quality of the marriage is what is important. A strong relationship with open lines of communication is what is beneficial to the health of both spouses. If a divorced spouse can emerge from a terrible marriage and find happiness then that might actually be better in the long run.  

If you or someone you know is facing such a stressful divorce, you need the help of an experienced South Carolina family law attorney to guide you through the complicated process.

Source: “Study: Divorce Can Kill At Same Rate As Smoking,” published at HuffingtonPost.com.

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Groomzilla Demands Not Only New Wedding Pictures, But Entirely New Wedding

In an extreme case of customer dissatisfaction, the Associated Press reports that a recently divorced man is now demanding that a photography studio pay to recreate his wedding to make up for what he has decided are flawed pictures and videos of what was supposed to be a perfect day. Many in the press dubbed Todd Remis a “groomzilla,” but he spoke out just this week saying that his lawsuit is actually about holding a business to a pledge, not clinging to a ruined marriage. Remis says the suit is because of the company’s “failure to deliver after a promise and a handshake” to retouch the wedding photos. 

While suits over wedding photographs are a dime a dozen, Remis’ case contained an unusual spin: a demand that the company reconstitute the ceremony and celebration of a now failed marriage. Remis began divorce proceedings in 2008 and the couple officially split in 2010, with his ex-wife now back home in her native Latvia

Despite the marriage no longer existing, Remis says that he needs the “wedding recreated exactly as it was so that the remaining 15 percent of the wedding that was not shot can be shot” and the album and video completed “so we have memories of the wedding.” In order to capture this missing footage Remis acknowledges that “we would need to recreate everything.”

Remis began his lawsuit against H&H Photographers in 2009, saying the respected New York City-area studio had done a lousy job of shooting his and Milena Grzibovska’s December 2003 wedding. Remis claimed that the chosen photographer ignored the couple’s request not to shoot in front of a mirror that ended up reflecting photographers’ lights. Moreover, the photographer and videographer left 45 minutes before the end of the reception, missing the last dance and the bouquet toss.

The couple paid a $3,500 advance toward a $4,100 total price for the photos and videos, part of a wedding Remis has said cost a total of $48,000. For their part, H&H co-owner Daniel Fried says he stands by the photographs and videos. “I think the photography is lovely,” Fried said. Back in 2004, Fried offered to adjust the photos and upgrade the wedding album. However, no offer to recreate the wedding was ever forthcoming. “Obviously, I couldn’t turn back the clock,” Fried said.

Fried says Remis never responded to their initial offer until he wrote in 2009 to demand a refund and interest – about $5,750 in all – and the completed photos and video. Judge Doris Ling-Cohan, who invoked lyrics from the Barbara Streisand hit “The Way We Were” in a ruling last year threw out some legal claims but let others go forward. “This is a case in which it appears that the `misty watercolor memories’ and the ‘scattered pictures of the smiles … left behind’ at the wedding were more important than the real thing,” she wrote. H&H co-founder Harold Gillet put it more bluntly in an August 2010 letter to the Court: “The divorce renders the further demands for photos, etc., ridiculous.”  Though both sides have suggested they might be open to a settlement, the case continues for now. 

If you or someone you know has had a marriage crumble and is seeking to move forward (as Remis clearly ought to be doing), you need the advice of an experienced South Carolina family law attorney to help guide you along the way.

Source: “Divorced NYC Man Suing Over Wedding Pics Speaks,” by Jennifer Peltz, published at AP.org.

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Smart South Carolina Couples Prepare for Trouble Regarding Their Divorce

As recently discussed in a post here, separation and divorce filings pickup dramatically in the month of January. Given that divorce is often on the mind following the holidays, now is a great time to give couple some advice on issues that may end up playing a big role in any future divorce.

Florida divorce attorney Brian M. Moskowitz says that, “At the start of a new year, many people follow through on a difficult decision that they have been contemplating for a long time and end their marriage.” The problem, according to Moskowitz, is that “many fail to consider what happens afterwards.”

Couples need to be aware of the challenges they will face and the thorny issues that often arise to make divorces even more difficult and contentious. Going into a divorce with that knowledge can help you come out the other side relatively unscathed.

According to Moskowitz, the five most common issues that arise after a separation or divorce are the following:

  1. Remarriage (or cohabitation);
  2. Loss of employment;
  3. Relocation (often for work purposes);
  4. Child-related issues, including timesharing, custody and visitation, as well as a child enrolling in a new school or going to college; and
  5. Holiday and vacation schedules.

Each of these issues affect vital aspects of the divorce process, spousal and child support, custody, visitation, etc. Planning ahead and addressing these issues directly during mediation can help avoid problems down the road. A good example of such planning would be crafting an agreement that specified events which will trigger spousal support obligations to end or able to be modified in the case of remarriage or loss of employment.

Another would be the creation of a detailed parenting plan to establish exactly which holidays and vacation days parents will be able to spend with their children. A skilled South Carolina family law attorney can help with precisely these issues and avoid larger problems later on. ther issues not covered by specific agreements can always arise, but an experienced South Carolina family law attorney will be there to help.

Source: “As a New Year Starts, Boca Raton Divorce Lawyer Warns About Post-Marriage Stressors,” by Mike Dayton, published at PRWeb.com.

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Guest Post :: Dangerous Times, Protect Yourself from Domestic Violence during Divorce

Divorce can be a tough time for anyone, both mentally and physically. The strain can take a toll on even the sanest, most level headed couples, and it can also create dangerous situations for those couples that are a little less stable. Domestic violence can occur at any point of a relationship, but when tensions become heightened and stress levels are elevated, so are the chances for domestic violence. 

Statistics show that 70 percent of all domestic violence instances occur after a couple has separated. Women should be aware of the increased danger and exercise caution. Also, it’s important for women to keep in mind that domestic violence is not limited to bodily harm, but can also consist of sexual abuse, emotional abuse, financial abuse, and psychological abuse. While only the first two are considered criminal behavior, the remaining three can have just as severe of consequences and can be psychologically crippling. 

There are certain aggravating factors that women should be on guard for when going through a divorce. The factors that increase the chances for domestic violence include:

  • If your spouse suspects you of being unfaithful
  • A history of alcohol or substance abuse
  • Explicitly violent threats against you, your friends, or family
  • If you have children that are not the abuser’s

Women who suspect that their spouse might be susceptible to bouts of violence should meet with their divorce lawyers and make the situation apparent so that they can be out of harm’s way during the divorce proceedings. The last thing you want is your divorce lawyer to double up as your criminal defense lawyer. 

The U.S. Department of Justice estimates that domestic violence affects over 32 million individuals. Generally, the abuse will follow a set pattern that contains a build up, blow up, and make up. The tension and hostility will gradually increase until the exploding point, at which the domestic violence occurs. After this, the offending party will almost always express a sense of remorse, but don’t let this fool you. Regardless of whether the remorse seems genuine or not, it is not an indication that the behavior will stop. You will need to take matters into your own hands and consult with your attorney. 

If it plays a role in your divorce, let your divorce lawyer know so that they will settle the matter in court as opposed to mediation. Furthermore, your divorce lawyer can help you find a way to avoid joint custody and curtail visitation rights when necessary. Don’t let the situation get out of hand. Recognize the warning signs and protect yourself from domestic violence during your divorce.

About the Author:  Christopher McCann is an Orange County and Los Angeles Criminal Defense Lawyer. McCann is a practicing lawyer at the law offices of Christopher J. McCann and writes on topics related to criminal defense and DUIs. McCann was voted as a “Rising Star Attorney” in 2010 by Southern California SuperLawyers Magazine.

 

Four Tips to Protect Your Finances in Divorce

As everyone knows divorce can be mentally, emotionally and financially exhausting. While there’s not always much to be done about the mental and emotional pain, financial damage can be mitigated with a little advanced planning and proactive effort. The following are several tips by Angela Colley of BusinessInsider.com on how to ready your money for a divorce.

  1. Separate your bank accounts.  
  2. Many couples preparing for a divorce will leave their joint checking accounts open, not wanting to appear angry or bitter. However, a spiteful spouse might not be so considerate and could easily drain your joint account before you realize what has happened.

    Establishing separate bank accounts and dealing with whatever uncomfortable conversation that causes is better in the end than taking the financial risk. The best advice would be take half the money from any joint account and place it in your own checking account.

  3. Protect your credit.

    If you and your former spouse have joint credit accounts all the hard work you put into building a solid score can evaporate after a series of poor financial decisions by your ex. Establishing separate credit and loan accounts critical.

    First things first, order an official copy of your credit report from all three credit reporting agencies: TransUnion, Experian, and Equifax. Review the reports carefully and flag any accounts you share with your spouse. Though it may be uncomfortable, have a direct conversation with your spouse and decide who wants to keep what and how the accounts ought to be divided.

    Dividing these debts isn’t as easy as that, however. You cannot just call a lender and ask to have your name removed if it’s a joint obligation. Instead, the debt must usually be repaid or refinanced in the name of only spouse. If the spouse responsible for the debt isn’t capable of having it refinanced alone then selling the asset or paying off the bill is usually the best move. Signing over control of an asset while leaving your name on the loan is a recipe for disaster and should be avoided at all costs.

  4. Check on your insurance coverage.

    If you’ve shared insurance coverage with your spouse you may now find yourself out of luck during a divorce. Plan ahead and negotiate a specific time to change the insurance, allowing yourself enough time to secure new coverage. Make sure that you have the necessary health, auto, and homeowners (or rental) insurance.

  5. Last but certainly not least, taxes.

    According to IRS rules, the year your divorce becomes final is the year your tax status changes to single. Other issues may arise to complicate the already tricky tax situation such as alimony payments or child tax credits. The first year of filing will likely be the most difficult and it may be a good idea to hire a tax professional for help.

Though separating money can be tedious and upsetting, it’s absolutely necessary to avoid opening yourself up to bigger problems later on. If you or someone you know is facing the daunting prospect of divorce, you need the advice of an experienced South Carolina family law attorney to help along the way.

Source: “4 Steps To Getting Your Finances Back On Track After A Divorce,” by Angela Colley, published at BusinessInsider.com.

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States Move to Put the Brakes on Divorce

Divorces are becoming more difficult to obtain in some states.  For instance, if you want a divorce in Colorado, you may soon have to wait. A new bill is heading to the state legislature for approval and it seeks to add even more steps to the already complex divorce process.

State Senator Kevin Lundberg is the champion of the proposal. The Republican says child safety is the reason behind instituting the bill. “When there are kids involved, I believe that it is in the states best interest to ensure that the couple understands and considers what impact this has on their children,” Lundberg said.

Lundberg’s bill would require couples to undergo a six-hour training session on how children are impacted by their parents calling it quits. Though current state law dictates that parents attend a similar session, but it’s not nearly as in-depth.

Colorado attorney Catherine Burkey said, “When a case is initiated, then the people are ordered to go and attend a parenting class.” The primary difference with this new bill is that couples will now have to wait after completing the course. “There will be a period of months that they will wait before proceeding with the divorce,” Lundberg said.

Some divorce attorney’s agree that the proposed bill is a smart move. “This method of education is the best way that I know of at this point,” Burkey said. She anticipates that not everyone will be in favor of the bill, however.

Grand Junction Counseling, a group that specializes in helping families, says the more understanding parents have, the better. “Not only do you have the couple that’s going through this divorce, you have children going through a divorce. For the sake of the children I think it’s valuable,” Counselor, Stephen Anthony said.

Whether South Carolina will make such a radical move remains to be seen. A skilled South Carolina family law attorney will be able to help guide you through the process regardless.

Source: “Colorado legislator's bill seeks cooling-off period before getting divorce,” by Lynn Bartels, published at DenverPost.com.

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