Washington is not alone in having a law permitting same sex marriage and confronting the possibility of a referendum overturning it. Maryland also legalized same sex marriage this year.
]]> Both supporters and opponents of state constitutional amendments banning gay marriage watched closely this week as North Carolina passed an amendment defining marriage as only between a man and a woman. As of last week, 30 states had amendments in their constitutions banning same sex marriage.In Washington state, opponents of gay marriage are aiming to put their amendment on the ballot in November. Amendment advocates say that they will consider hiring paid employees to gather signatures to ensure that they will have sufficient support for the ballot measure.
However, a group supporting gay marriage in the state has raised 23 times the amount of money in opposition to the amendment as the group supporting the ballot measure.
As we discussed last month in this blog, in June same sex couples will be able to legally marry in Washington state. Washington state has a substantial history of legally recognizing same-sex couples, with laws protecting domestic partnerships since 2007. In 2009, the legislature extended rights to domestic partners that stopped short only of marriage. Opponents instigated a referendum to repeal the 2009 law, but the voters upheld the law and defeated the referendum.
What will happen to Washington state's same-sex couples who marry in June if the amendment banning gay marriage passes in November? The question of whether their marriages will be recognized in Washington or other states will need to be determined.
What is certain, though, is that Washington will be a key state to watch as the national debate over gay marriage continues.
Source: Seattle Times, "Gay marriage opponents closer to qualifying R-74," Rachel La Corte, May 9, 2012
]]>Social media can provide evidence of cheating, hidden assets and other information relevant to family law cases. A recent news report says that people are often reestablishing relationships with old flames--even living double lives--with the use of social media.
]]> Family law professionals noted in this report that many people do not understand that everything on a Facebook page is potentially discoverable in court. Alimony payments, child custody, modifications of child support, paternity, establishing a residential schedule and other important issues in family law cases can all be affected by social media posts.A spouse might, for example, complain about a bad financial stretch while documenting where the money is really going on Facebook. Stories of cheating spouses abound and people are often shocked to find out just how much infidelity is being actively documented. One woman even reportedly posted her attempts to find someone to kill her husband.
Social media, while a fun way to connect with friends and family, can also contribute to conflicts in family law cases. Courts are looking to this evidence for insight into the real lives of people involved in family law litigation.
Social media enthusiasts should be aware that everything they place on that Facebook page or Twitter feed could potentially be used against them.
Source: CBS New York, "Seen at 11: The New Face of Divorce," April 26, 2012
]]>Experts maintain that marriage has changed since 50-somethings took their vows. Citing a decrease in social pressure to remain married, experts say one factor might be that currently there is a strong emphasis on achieving happiness as an individual.
]]> Also, women are more independent financially than they were in earlier decades.The Census data indicates that 25 percent of all divorces in the United States are happening in baby boomer marriages. Two decades ago, the rate for the same group was half what it is now.
Married baby boomers who are considering dissolution or divorce may face complex issues related to the division of assets, child support and spousal support. Baby boomers who married early in life have, at this point, been together for decades.
Washington state law provides that property owned by either party in a marriage is usually considered community property in a divorce and thus will be reviewed by the court. Equitable distribution of marital property, especially for couples who have been together for a long time, can be very complicated.
Couples who can work together to reach an agreement regarding property distribution might be able to resolve issues prior to a court hearing. The individual interests at stake in every dissolution are unique and the people involved need to determine what their goals are in the distribution of marital property.
Divorcing couples might also work together on the issue of spousal support. Particularly in couples who have a long history together, spousal support can be a tough issue. Washington courts have a great deal of discretion in determining spousal support, considering factors such as property distribution, prior standard of living, length of time married among others.
Source: WTXL TV, "Study: Baby Boomers have high divorce rates," April 25, 2012
]]>The following tips can help divorcing parents care for their children through the process:
]]>Developing a consistent and structured routine has proven to be very important for a child's growth. Particularly in cases of divorce, the changes that will have to occur must be balanced with a shared and compassionate approach to looking out for the children's best interests.
Establishing a residential schedule immediately upon separation is also very important. Regardless of the level of acrimony in a separation, early and consistent attention to children's' needs will help children navigate a difficult and confusing time.
An advocate experienced in family law can assist parents who are dissolving a marriage to help their children through the process.
Source: NewsOK, "Your life: Divorce requires special care for children," Charlotte Lankard, April 16, 2012
]]>Readers will recall our discussion last week of the implications of federal law regarding same-sex marriage. Laws which vary from state to state may also affect same-sex Washington state couples who chose to move to another state.
]]> Therefore, Washington state couples may be interested in the outcome of a case in Maryland. The Maryland Supreme Court recently heard a case involving a lesbian couple who had married in California. After moving to Maryland, they sought a divorce in their new state of residency. A judge denied their divorce because Maryland does not yet recognize same-sex marriage.Maryland's position on same-sex marriage, much like Washington state's, is in transition. In 2013, Maryland will recognize same-sex marriages performed in the state. Opponents are preparing to challenge this by putting a referendum on the ballot.
Maryland law does not specifically ban the recognition of same-sex marriages occurring in other states. Lawyers for the couple seeking a divorce offered Wyoming and New Mexico as examples of states that grant divorces to same-sex couples married elsewhere. Wyoming and New Mexico do not allow same-sex marriage.
The lawyers for the Maryland couple also argue that Maryland has a long history of recognizing marriages that cannot be performed under Maryland state law. An uncle and a niece cannot get married in Maryland, but Maryland will recognize such a couple as married if they legally wed in another state. In fact, judges in Maryland have reportedly been inconsistent about granting same-sex divorces couples. About a dozen couples have had their divorces granted.
The women in the Maryland case argue that they should not have to travel outside of their home state to get a divorce.
Washington state will begin allowing same-sex marriages this June and also faces opposition that might result in a referendum.
Source: The Washington Post, "Maryland high court hears case of lesbian couple married in Calif. and denied Md. divorce," April 6, 2012
]]>The federal government does not recognize same-sex marriage and this means that every federal agency cannot acknowledge them, despite the fact that many states now do. Federal law of course governs all federal agencies, including the IRS.
]]> Married same-sex couples filed a lawsuit recently against the federal government alleging that DOMA violates their constitutional rights by not allowing them to sponsor their spouse as their spouse applies for a green card. The case, filed in federal court in Brooklyn, focuses on DOMA in the context of immigration, but has implications across family law especially in states where same-sex marriage is legal.DOMA's definition of marriage as between a man and a woman denies same-sex couples the opportunity to apply for immigration benefits that are available to heterosexual married couples.
The result of the DOMA litigation has the potential to affect same-sex married couples in Washington. As state and federal family laws continue to conflict, DOMA could eventually be amended or even repealed. Many gay rights activists are, of course, against DOMA as it limits the rights of same-sex couples; and others also find DOMA unconstitutional on the grounds that it interferes with the rights of the states to define marriage.
Source: The Seattle Times, "Married gay couples sue for immigration rights," Meghan Barr, April 3, 2012
]]>Historically, Washington state couples, as well as couples across the country, that chose to live together before marrying used to be considerably more likely to divorce in the long run. That trend has changed as cohabiting before marriage has become increasingly common. In the late 1960s, around 10 percent of couples lived together before they married. Now, around 60 percent of couples make the choice to move in together before marrying.
]]> Half a century ago, cohabiting before marriage meant a higher likelihood of dissolution. But, not anymore. A recent study by the Centers for Disease Control and Prevention collected data from 22,000 men and women from 2006 to 2010. Approximately 40 percent of the people in the study were married. They ranged in age from 15 to 44.The data indicates that couples who made concrete engagement plans and lived together prior to marriage were just as likely to remain married 10 and 15 years later as couples who had not chosen to live together. About 60 percent of couples in both cases stayed together for 15 years. Couples who cohabitate without getting engaged and then later marry are slightly more likely to divorce, with about 53 percent of marriages lasting 15 years or more. The data is consistent with other studies showing that almost 50 percent of all first marriages are expected to end within 20 years.
In the event of divorce or dissolution, the period of cohabitation before marriage is relevant. An experienced family law attorney can assist couples in finding creative ways to protect parental and financial rights.
Source: The Seattle Times, "Move-in before marriage no longer predicts divorce," Mike Stobbe, March 22, 2012
]]>The American Academy of Matrimonial Lawyers reports that 39 percent of their members observed an increase in cohabitation agreements among couples that live together but are not married. Nearly half of the lawyers surveyed reported seeing an increase in court cases involving unmarried cohabiting couples. According to the survey, cohabitation agreements currently seem to be more common among heterosexual couples than same-sex couples.
]]> Legally binding cohabitation agreements can determine what happens in case of a breakup, covering the same sorts of issues that are typically covered in a prenuptial agreement. Topics covered may include child custody, support obligations, asset division and even custody of pets.Experts say that the rise of consumer debt make contracts like cohabitation agreements and prenups increasingly important. One party may not want to be on the hook for a partner's debt. A cohabitation agreement can clearly define ownership of assets and debt, making allocation simpler after a breakup.
The rise in cohabitation agreements also reflects the decreasing popularity of marriage across the country. The Pew Research Center reports that, currently, only 51 percent of adults marry.
Couples who want to have a family or purchase property without marrying may find cohabitation agreements to be useful. In the absence of state laws regulating cohabitation, experts say that drafting a cohabitation agreement early in life together can prevent substantial litigation in the event of a split. An experienced family law attorney can assist couples in drafting a cohabitation agreement.
Source: kxly.com, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>She wants Allen Iverson to hand over the names and phone numbers of every woman he slept with during their 10-year marriage. She has previously said that infidelity was not a factor in the split. It is not exactly clear why Tawanna Iverson has asked for this information, but some have said that it may be a tactic to rush the divorce settlement.
]]> In her June 2011 divorce filing, Tawanna Iverson requested full custody of five children, along with child support and alimony. Allen Iverson has reportedly earned $200 million during his basketball career, but rumors have swirled that he is broke now.Tawanna Iverson has also requested full disclosure of his financial information in her recent court filing. She believes that since the divorce filing was made, Allen Iverson has squandered money, spending it on himself rather than to support his family.
It is often wise during a divorce proceeding to keep a close eye on finances to make sure that your future ex is not hiding or diminishing assets, or hurting your financial credit. In high-asset divorces, family law attorneys may even choose to utilize the skills of forensic accountants and valuation experts to discover assets and determine which accounts and property are a part of the marital estate.
Source: International Business Times, "Allen Iverson Divorce: Ex Wife Wants Names of All Women He's Slept With," Anthony Riccobono, March 20, 2012
]]>It is important for the public to understand that this ruling does not apply to families who are in routine divorce and custody proceedings, and are working out a parenting plan. This ruling, rather, applies to cases in which foster children may be removed from their parents entirely.
]]> While the court agreed that the right to an attorney is a question of due process, the justices were unanimous in their conclusion that the right to a lawyer is not absolute for children.The justices maintained that the best interests of the child are served when each case is taken on its own. Family court judges currently have wide discretion regarding child custody and visitation.
The stakes for children facing removal from their families are high. As foster children, they are wards of the state and frequently are forced to move from one living arrangement to another. Although courts appoint guardians to act in the interest of children, these guardians are not acting as attorneys and are not often qualified to protect the legal rights of children in custody proceedings.
Advocates for children's rights filed many briefs arguing that children in custody proceedings should have an absolute right to an attorney. Many arguments from the briefs appeared in the court's decision, including an acknowledgement that children's relationships with parents, siblings and extended family are at stake.
The ruling does state that attorneys will be denied to children only in rare cases.
Source: The Seattle Times, "Court: Children's right to attorney not universal," Shannon Dininny, March 1, 2012
]]>Battles over pet custody are increasingly common when couples in domestic partnerships and marriages split, according to recent news reports. Washington state law dictates that pets are property. As such, judges often divide ownership or custody of pets in the same way that they split furniture in seeking equitable distribution.
]]> However, many people see their pets as family members, or even as their children, and not simply as their property. Oftentimes, an ex-spouse wants visitation with a pet even if the pet is going to live with the other party.While it is common for judges to consider pets as important companions when it comes to child custody arrangements, the judges do not have a legal framework for which to formally designate a pet custody arrangement.
Oftentimes, people choose to work with their attorneys to come up with a pet custody agreement. When deciding on shared custody of a pet, people consider many factors similar to those in a child custody plan. Decisions regarding medical care, holiday schedules, food and other miscellaneous expenditures must be decided.
Several states have discussed legislation that would solidify pet custody issues under family law, but for now, pets are treated as property in every state. Sensitive negotiations regarding pets in dissolutions can be easier with the help of an experienced family law attorney.
Source: Recordnet.com, "Divorce lawyers: Pet custody cases increasing," Feb. 28, 2012
]]>The boy's family story, one of guardianship, visitation, child support and custody has unfolded in the Washington state family court system over the course of his life. Both of the boy's parents have criminal records, and his legal guardian is his uncle. It appears that the boy obtained the gun when he was visiting his mother last weekend.
]]> As we recently discussed in our Spokane Family Law Blog, child custody procedures are under increasing scrutiny in Washington state. Another recent tragedy involved two boys who were killed in a murder-suicide by their father, who had supervised visitation rights. The grandparents of those boys are now pushing for changes to the system, such as restricted private home visitations, increased rights for grandparents in family court and prohibiting murder suspects from having custody of their children.In Washington state, judges are generally given discretion in custody decisions. Often, a judge's determination of whether a child is in danger is the threshold for whether a troubled parent is allowed visitation with his or her child.
The threshold for denying custody completely is very high. But, parenting plans can also be modified, particularly if the safety of the child is in question. Drug or alcohol addiction, a dangerous environment or child abuse all warrant reevaluating a parenting plan as soon as possible.
Though most still agree judges are effective in custody and visitation decisions, as these tragedies happen some are requesting that states consider legislation to reshape custody laws.
Source: Seattle Times, "Father: 'My kid made a mistake' in school shooting," Manuel Valdes and Gene Johnson, Feb. 23, 2012
]]>The law, DOMA, provides federal tax deductions for spousal and child support paid after a heterosexual couple divorces. In same-sex divorces, no such deductions are available.
]]> This is because DOMA defines marriage as between one man and one woman, and thus, at the federal level, the word "spouse" cannot refer to a same-sex married individual. Since the Internal Revenue Service is governed by federal law, the agency is bound against recognizing spousal and child support in same-sex divorces as deductible.In California, family court judges in same-sex divorces have been compensating for this discrepancy by awarding smaller amounts of spousal and child support, to avoid negative tax consequences for either the payer or the payee. However, in highly contentious divorces, it is possible for a court to accidentally overlook tax issues when the judge is charged with resolving many other issues at the same time.
Some have said that until these federal-state conflicts are resolved regarding same-sex marriage, it is much better for all parties in same-sex divorces to pursue as amicable an arrangement as possible.
Same-sex couples who divorce need to be aware from the beginning of the process that just because divorces are handled by state courts, the financial organization of a couple's assets is governed, at least in part, by federal law. If divorcing couples can cooperate regarding the organization of their finances, they can likely avoid a hefty tax penalty, and thus have more money available to support the new family units.
An experienced family law attorney can assist with determining the best course of action for divorcing same-sex couples.
Source: Bay Area Reporter, "DOMA complicates gay divorces," Matthew S. Bajko, Feb. 16, 2012
]]>Because judges are given discretion in custody decisions, most states lack laws that specifically address custody issues such as supervised visitation. The judge's assessment of whether a child is in danger primarily determines whether a troubled parent is allowed access to his or her child. The current standard for custody decisions is to make arrangements that are in the best interest of the child.
]]> The threshold for denying custody, or taking away the right of a parent to have a child in his or her home, is very high. Usually such cases involve evidence of substance abuse, sexual abuse or violence. Judges can provide specific instruction regarding how and where visits occur, but it does not usually come to that extreme.In the Washington case described above, a judge had granted custody of the two boys to their maternal grandparents. The boys' father was allowed twice-weekly supervised visits with his sons, including Sunday visits at the house in which they ultimately died.
Judges can specify that visits happen in secure places, even courthouses or police stations, if there is a concern for the safety of the child in a custody case. However, if the judge in a case does not mandate details of the visits, children are most likely to visit a parent in his or her home. In the Washington case, the judge did not foresee that this arrangement could turn out to be tragic. And, many have said that the judge simply could not have predicted such a horrific end.
Although many scholars generally agree that judges are effective in case-by-case decisions, some advocates are now requesting that states consider legislation to address custody disputes.
Source: USA Today, "Powell tragedy sparks questions about child custody," Yamiche Alcindor, Feb. 7, 2012
]]>This is one reason why those who are going through family law proceedings in the Spokane area may want to clean up their Facebook pages and take a break from text messaging. These types of written communications, as well as e-mails and blog posts, are published documents that are used quite often in family law court.
]]> According to recent surveys of the American Academy of Matrimonial Lawyers, more than 80 percent of divorce attorneys used evidence from social media websites, like Facebook, in divorce proceedings in 2010. Additionally, in the last three years, divorce lawyers said that there has been a very large increase in the number of cases that use evidence from cellphones. Cellphone evidence most often refers to text messages, but it also encompasses e-mails, call histories, GPS and Internet search histories.Judges generally decide whether to accept cellphone and social media evidence on a case-by-case basis, but it is very important to be aware that your spouse could use information that you communicate through a text message or your Facebook page against you in divorce proceedings. You do not want information available on blog posts, Facebook photos or status updates to contradict arguments you are making in court or negotiation conversations.
It is wise to discuss how to safeguard your Facebook account and phone with your family law attorney. Each case is different. For some people, it may be prudent to disable your accounts during settlement negotiations, while for others it may be best to continue with business as usual.
However, just about everyone can benefit from utilizing privacy controls available on social media sites, being careful about who you befriend on these sites, and avoiding publishing anything that may be controversial, offensive, questionable or very personal.
Source: MSNBC, "Divorce lawyers see more phone evidence, especially texts," Athima Chansanchai, Feb. 10, 2012
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