Fredericksburg Family Law Attorneys Blog

Soldier dies, two women fight for recognition as wife

2012-05-19T11:04:22Z

The death of an Army specialist has brought attention to secrets the man withheld while he was alive. Apparently, he married another woman without divorcing his first wife. The husband died during late April after a rollover accident occurred in Afghanistan. His current wife -- whom he married in 2010 -- was not informed by the military of his death. Instead, his first wife was contacted.

When the first wife was informed of his death, the military told her that she would receive the service flag as well as survivor benefits -- two things that the man's second wife believed were hers. Military family law surrounding such benefits in a situation such as this can become very complicated and families in Virginia should do their best to understand what could happen if things do not go according to their plan.

]]> Both women attended the funeral service for the fallen soldier. They sat together in the front row, without speaking a word to one another.

The man's second wife hoped she would at least receive the flag that was awarded for her husband's duty to his country -- survivor benefits were another matter altogether. Instead of giving her the flag, the family of the man's first wife said that it believes the flag should stay with her because she gave the man his first child.

According to the second wife, the first wife is only apparent because she wants the benefits that the military has awarded her. She went on to say that the first wife has not been a part of her husband's life for some time. She said she was with him for three tumultuous years and, because of this, she believes she deserves the flag, not his first wife.

The deceased specialist also had a son with his second wife and a third woman that was at the service -- she was not married to the man.

The man's father said that he does not want this argument to get in the way of the legacy that his son left behind -- a life lost fighting for his country.

Source: MSNBC, "Women battle over who gets recognized as dead soldier's wife," Miguel Llanos, May 8, 2012

White House crasher re-files divorce suit

2012-05-12T11:31:05Z

The road to divorce can be long. For high-profile spouses, divorce doesn't always end at an equitable division of property. Many celebrity couples depend on one another as type of joint-business venture, gaining notoriety as a famous pair. If the once dynamic duo decides to split, it can negatively impact one or both spouses, causing a loss of income and promotional opportunities.

Some may remember the couple that managed to crash President Barack Obama's first state dinner in November 2009, Tareq and Michaele Salahi. An affair in 2011 between the Michaele and a member of the band Journey, Neil Schon, led to the couple's divorce and a lawsuit by Tareq. Recently, that suit was dropped and re-filed in Virginia. This time, Tareq Salahi is suing the guitarist from the well-known band as well as the musician's publicist and the band's personal recording label.

]]> Reportedly, Salahi has demanded a jury trial and is seeking $50 million in compensatory damages as well as $350,000 in punitive damages from Schon. He is also looking to be awarded $50 million more from a former publicist related to the band.

According to the Tareq, the couple's infamous infiltration at the White House led to their names being recognized worldwide. That event allowed the couple access to many lucrative opportunities. Some of these included a deal with Oprah Winfrey as well as interviews and appearances on the Late Show with David Letterman, Saturday Night Live, Entertainment Tonight, Inside Edition and others.

Reportedly, there was a movie deal in the works and a $300,000 stint on Dancing With the Stars.

The lawsuit alleges that the majority of these opportunities were lost when it was discovered that the Michaele was having an affair with Schon in 2011. Due to the supposed loss of so many lucrative offers, Tareq filed a lawsuit.

In it, he further alleges that the affair was an attempt at re-launching the dwindling popularity of Journey. He says that the guitarist realized the name recognition that the couple had reportedly gained by infiltrating the White House and taking pictures with both President Obama and Vice President Biden. Tareq believes that Schon and his publicist looked to take advantage of the couple's supposed popularity by having an affair with Michaele.

Source: Celebuzz, "White House 'Crasher' Tareq Salahi Re-Files $50m Divorce Lawsuit, Claims Ex-Wife's Affair Cost Him 'DWTS' & Oprah Deal," May 3, 2012

Man permitted to seek damages for parental rights infringement

2012-05-07T11:21:09Z

According to a ruling made by the Supreme Court of Virginia, a man from the state will be allowed to seek damages due to the violation of his parental rights by the people and organizations involved in the adoption of his child. The highest court in the state found that he had been kept in the dark about the adoption of his daughter which was conducted and approved in the state of Utah.

The man has a pending lawsuit in federal court that names a Virginia attorney, the adoptive parents, an adoption agency in Utah and the employee that facilitated the adoption at that agency as defendants. The majority of the Supreme Court agreed that no statutes in Virginia specifically disallowed wrongful interference with parental rights, but common law addressing the subject has been apparent since the early 17^th century.

]]> If the court allowed this to go unrecognized, the judges said that there would be a large gap in the legal protection given to the relationship between a parent and his or her child. According to the decision, a father should be allowed to gain custody of a child that is not wanted by a mother. In this case, the father has not been found to be an unfit parent. Two licensed attorneys and an adoption agency, along with the mother and her parents, managed to prevent a biological father from implementing his rights as a parent.

According to the judge's decisions, the man will be allowed to pursue civil actions against the parties that infringed on his rights. This means that any third party that interferes with parental rights may be sued and held liable for said interference.

Records show that the mother and father were dating when she became pregnant. After giving birth in Virginia on Feb. 10, 2009, the mother relinquished the child and her rights to the adoptive couple who had traveled from Utah to be there. On Feb. 18, the father initiated a paternity action and was awarded custody. Utah courts found that he had no standing to intervene due to actions involving the mother and an adoption attorney. Utah then approved the adoption of the child.

Source: Salt Lake Tribune, "Virginia father gets green light to seek damages in Utah adoption," Brooke Adams, April 20, 2012

Facebook might not be your friend in divorce

2012-04-27T18:14:24Z

For many of us in Fredericksburg, social networks have become an essential part of how we stay in touch with family and friends. But for those considering divorce, that essential online network can present some real dangers, especially if the divorce is likely to include child custody issues.

A recent poll of family law attorneys conducted by the American Academy of Matrimonial Lawyers showed that more than three-quarters have noticed a significant surge in divorce cases involving evidence gathered from Facebook, Twitter, LinkedIn and other social networks.

]]> A divorce attorney who is also a columnist for the Huffington Post recently wrote about the impact one website had on a client's life. The female client had gone through a divorce about two years ago. In the divorce, her former husband was granted custody of the couple's young child.

But not long ago, the woman saw a video uploaded to YouTube by her ex-husband. It showed him drinking various alcoholic beverages with some friends -- in the presence of the couple's two-year-old son.

The mother did the smart thing: she showed the video to her attorney, who then presented the evidence to a judge, arguing that custody of the young child should be transferred from the father to the mother. That's just what the court did, too.

While the mom's attorney couldn't prove that the dad was drunk or that the toddler was in danger, the lawyer did show clear evidence that the dad behaves irresponsibly.

The attorney now tells her clients to do three things regarding social networks:

1. Think before you upload photos or videos or anything else to social network sites. A photo of a wild party could be just the thing that undoes your child custody argument.

2. Keep your social networking as separate as possible from your ex's (or soon-to-be-ex).

3. Keep your locations to yourself. Many social sites reveal your location when you make status changes or upload images. Deactivate that feature in order to avoid arguments about where you're supposed to be or who you might be with at various locations.

While Facebook can be a great way of staying in touch, be sure to be extra cautious with it while you're going through a divorce in which every detail can have an impact on child custody and your post-divorce life.

Source: Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, April 24, 2012

Man owed support on child that was not his, received jail time

2012-04-23T11:35:29Z

Though many in Virginia assume that men who do not pay child support are deadbeat dads, this may not always be the case. For one purported "deadbeat dead," he was charged with owing child support for a child that ended up not being his. Fortunately, a change in the law allowed him to finally be freed.

The 31-year-old man lived in Dallas with his wife and two children until he was arrested. Charges had been brought against him after a woman that he had a brief romantic relationship with during a separation period from his wife in 2006 claimed that he was the father of her child. He was jailed in January because he allegedly owed more than $50,000 in child support.

]]> He remained in jail until earlier this month when his mother brought his attention to a change in statute. According to that change, any individual that is being held on unpaid child support has until September 1 to file a claim indicating that he or she does not believe themselves to be the child's parent.

In the case of the 31-year-old man, his attorney purchased a DNA paternity kit from a drugstore. The samples were sent in and the results showed that there was no chance that he was the father of the child.

The entire ordeal had affected the man and his family in many ways. His wife said that the worst part was being a single mother for the time that he was in jail.

However, despite the fact that a judge terminated the parent-child relationship that allegedly existed, the 31-year-old still owed the $50,000 in support. This part of the law has not yet been changed but plans are in the works to see it altered.

Fortunately, the woman that claimed he was the father relinquished her claim to the child support. By doing so, the 31-year-old is no longer required to pay that amount -- though he does owe more than $1,300 for court and administration fees, as well as medical costs for the mother of the child.

For Virginia fathers, this is a perfect example of the importance of DNA testing when it comes to proving paternity.

Source: CBS DFW, "Man Jailed For Child Support For Baby That Wasn't His," Carol Cavazos, April 12, 2012

Active military members may not have to worry about custody soon

2012-04-15T11:53:20Z

Members of the armed service living in Fredericksburg, Virginia may have one less worry on their mind in the near future. While military divorce can be strenuous, one of the most stressful factors involved in this is the determination of child custody. Many military members worry that their actions with the military may affect who gets custody in the divorce, but if a new bill is passed and turned into law, this will no longer be a concern.

Two U.S. Representatives, a Democrat and a Republican, are spearheading the bill as its chief sponsors. Currently, the bill has the support of all 63 members of the House Armed Services Committee. Many believe that bipartisan support is a rare thing so the unification of politicians from both parties in support of this bill should say something.

]]> If passed, the bill will disallow courts from making permanent custody changes while a parent that is an active member of the military is deployed. In addition, no custody determinations can hold the fact that a person is an active member of the armed services against them. This means that the possibility of deployment in the future cannot be used against them when considering what is best for their child.

One of the chief sponsors of the bill stated that it is simply unfair for those that have chosen to serve their country to deal with worries concerning the custody of their child while they are abroad. This bill looks to eliminate that fear, allowing deployed individuals to eliminate this possibility from the long list of concerns they may have.

Records show that similar provisions have been considered and passed by the House on six different occasions. On five of those occasions, the provision was included in the annual defense policy bill. Only once did the bill make it through the House on its own.

Once passed by the House, the Senate Armed Services Committee has fought against the legislation, assisting with its defeat each time.

The members of the House Armed Services Committee recently sent a letter to the Secretary of Defense, asking for him to support the bill. The committee believes that the House will pass the bill by May.

Source: Army Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012

Expo hopes to assist with the transition of divorce

2012-04-11T11:06:43Z

When someone goes through a divorce, it can feel incredibly isolating. It does not have to be this way, especially when the support of others close to the individual is apparent. The whole process can be confusing and tough. Some may look to friends and family for help, but they may not have the knowledge that is necessary to help make the transition of divorce a smooth process.

That is why a mother-daughter duo has decided to have the nation's first divorce expo-they are calling it the "Start Over Smart" expo. Though the event is not located in Virginia, something similar may appear in the state in the future.

]]> The two-day expo will provide attendees with access to all sorts of professionals. Some specialize in finance, others in counseling. Other expected professionals are those that deal with legal services, but there will also be representatives from businesses that arrange reconciliation ceremonies, beauty experts and plastic surgeons.

According to the creators of the event, the goal of the expo is to allow divorced individuals to understand that the process of divorce is not something mystical. It can be understood and treated carefully and logically so that the best outcome can be reached. In addition, the mother-daughter team wants to make sure that recently divorced individuals can remember how to start dating again so they may one day regain a close partner to replace the one that they lost.

Reports show that expos such as this have been happening in European cities for quite some time. The mother and daughter -- who are a family therapist and a recent divorcée, respectively -- attended such an event in Paris. After going, they had the idea to bring such an event to the U.S.

Estimates indicate that about half of marriages will end in divorce. With such a high rate, this sort of event may be very beneficial to individuals going through the process. Depending on the success of the first expo, which is being held in New York City, the duo may plan on bringing the event to other locations throughout the country.

Source: Today, "First divorce expo in U.S. aims to 'empower' attendees," Jillian Eugenios, March 30, 2012

Divorcing couple goes head-to-head over property dispute

2012-04-05T12:02:33Z

Owning property in another state (or country) can cause serious confusion during the end of a marriage. One couple is learning this as the soon-to-be ex-wife has opted to sue her estranged husband. The division of property during a divorce is often a source of contention for many divorcing couples in Fredericksburg and elsewhere.

While the division of property can be efficient for some couples, others have serious amounts of trouble. That's what a Russian billionaire and his wife are now going through. According to reports, the man purchased a penthouse in New York City for $88 million, the most expensive property in the whole city. She has filed a lawsuit against him in the state of New York.

]]> His wife filed for divorce in December 2008 and the presiding court placed a freeze on shares and assets belonging to the man, perhaps so that his massive wealth could be assessed before he transferred any of it elsewhere. According to his wife, that is what he did.

The penthouse was reportedly purchased for the couple's 22-year-old daughter. But, according to the suit which was filed earlier this month, the penthouse is being used as a way to fraudulently transfer property that was acquired during the marriage. If this is true, the wife of the billionaire may be entitled to a portion of the penthouse and its value.

The couple is dealing with its divorce in Switzerland so it is having trouble accessing the husband's assets in the United States. According to the wife's attorney, the billionaire has assets all over the world and it is making the division of property very complicated. Another home in the United States, which once belonged to Donald Trump, is involved in this dispute as well.

Estimates place the value of that home around $95 million.

According to other estimates, the Russian billionaire -- who made his money in fertilizer -- is worth approximately $9 billion.

Source: ABC News, "Divorcing Wife Sues Billionaire Over $88M NY Penthouse," Lyneka Little, March 16, 2012

High divorce rates, doesn't mean every marriage is in danger

2012-04-01T11:09:14Z

Families in Fredericksburg, Virginia may be worried about the effects that a divorce could have on their futures. While divorce rates, according to the U.S. Census Bureau, are more than 9 per 1,000 people for both men and women, it does not mean that divorce is a guarantee.

Interestingly, divorce rates are higher in the southern part of the country. For men, the divorce rate in the south is 10.2 percent; for women, that rate is 11.1 percent.

]]> Despite the odds, one couple that met in Virginia is getting ready to celebrate their 71^st wedding anniversary. The two are both in their 90s and were married in 1941. The couple survived both the Great Depression and World War II. Eventually, they bought their own home, had children and now, even have grandchildren. Their marriage has been one that most would envy.

Despite such a heartwarming story, the couple admitted that their history was not argument-free. In order to resolve any disputes, the couple found a successfully communication method by washing dishes together, and they still rely on this strategy today. At the sink, the two of them share their sides of the counter and come to a compromise so that they can continue living happily with one another.

According to modern statistics, the success of this couple's marriage isn't readily seen by other couples. Some of the challenges discussed by this duo were their struggles with fertility and finances. Such troubles today often are met with divorce for many spouses -- as reflected in the divorce statistics above.

Nonetheless, it is always nice to see that despite the less than stellar odds, there is always the possibility of living the dream of 'happily ever after.'

Source: The Times News, "A lifetime of love: Alamance County couple proves 'happily ever after' remains possible in today's society," Molly McGowan, March 11, 2012

New bill hoped to bring equality to custody cases

2012-03-19T12:35:58Z

According to a 2011 study conducted by the Virginia Department of Child Support Enforcement, only 6 percent of custodial parents were male. With this information, it can be determined that the majority of cases where custody was awarded to a single parent resulted in courts siding with the mother. This means that, in most cases, fathers are given visitation rights and little else, depending on the circumstances of the parents' relationship.

Virginia law, currently, does not favor one gender over the other when a custody issue is at hand. The aforementioned data shows that what the law says, in this regard, does not matter.

]]> That is why many advocates of fathers' rights were excited about the introduction of a recent bill in the state legislature. But that quickly changed when the wording was edited as the bill made its way through the system.

Originally, the bill said that when custody or visitation was being determined, it would be assumed that a joint-custody arrangement would be the best situation, pending important details regarding either the ability of the mother or the father as a parent. The former president of Fathers for Virginia said that no man can be a father when the child only sees his or her father once every two weeks.

After many edits, the bill no longer had the assumption that joint custody would be the initial ideal. Now, it only states that a judge must explain his or her decisions regarding visitation or custody determinations to all parties involved. A child custody mediator that supported the original wording of the bill said that the new wording does not change much, if anything at all.

With the new wording, the bill unanimously passed through both the House and the Senate. It is now on its way to the governor, where it will likely be signed into law.

Source: The Rappahannock News, "Dads disappointed by child custody changes," Brad Fulton, March 3, 2012

Some questions that arise when divorced couples file their taxes

2012-03-16T13:13:46Z

With tax season upon us, many divorcing couples in Fredericksburg, Virginia may be wondering how to go about their filing this year. Several questions come to mind, all of which are important, when a former couple begins considering what to do.

According to the law, an individual must file according to his or her marital status as it was on Dec. 31 of the tax year. If the divorce happened during the current year, the couple can still file as if they were married. When this is the case, it may be wise for the former spouses to sit down and create an agreement about how the return or payment will be divided.

]]> Interestingly, some couples choose not to get divorced until the new year so that they can take advantage of the benefits of filing as a married couple. This can get complicated rather quickly as divorce brings the division of assets, and it often brings a division in the relationship. If the separation is not amicable, an agreement over the tax results may take a considerable amount of work.

If this does not seem like a reasonable route, there is also the option of submitting taxes as a married couple filing separately. One good reason to file this way is to avoid the responsibility of another spouse if that individual chooses to improperly file taxes. This could mean that they are withholding income from the IRS in the hopes of defrauding the government.

For couples that have finalized their divorce before the end of last year, some other questions may arise when considering the support that has been awarded by the courts. In the case of alimony, the usual circumstance is that the recipient has to pay taxes on the support while the payor can deduct those taxes. Child support, on the other hand, does not affect taxes. Neither party can claim a deduction on the payments or benefits. Additionally, the support should not be claimed as income.

Source: Huffington Post, "Top 4 Tax Tips For Divorcing Couples," Bari Zell Weinberger, Feb. 24, 2012

Controversial adoption bill set to become law

2012-03-05T12:00:17Z

According to reports, the governor of Virginia will soon sign a controversial bill into law. That law will affect private adoption agencies, allowing them to prohibit placements from occurring that conflicts with the written moral or religious convictions or policies of the adoption agency.

This law will not affect public adoptions. Though these private adoption agencies are not public, they are state-licensed and are often faith-based. According to some, the new law will allow these organizations to refuse adoptions based on the family status, political beliefs, gender, disability, sexual orientation and age of potential adoptive parents.

]]> The Board of Social Services made this controversial decision last year and the bill has already been passed by the Republican-controlled House of Delegates and the Senate. In the House of Delegates, the bill passed with a vote of 71-28. In the Senate, the margin was much closer, but the bill was still passed with a final vote of 22-18.

The executive director of an equality advocacy group said that the new policy will allow these private agencies to use public funds while discriminating against select groups of people that do not adhere to the religious or moral standards of the agencies. According to him, the bill is unnecessary and it possesses a very far reach.

On the opposite end of the argument, an executive director with the Virginia Catholic Conference said that the bill is not about discrimination, it is about reinforcing the inability of private agencies to be forced into consenting to placements that their beliefs do not agree with. This advocate also said that the new law does not change who can or cannot become foster parents and who can or cannot adopt.

According to him, foster care law and adoption law are not affected by the new measure.

Source: Reuters, "Virginia governor to sign controversial adoption measure," Matthew A. Ward, Feb. 21, 2012

Could experience in the military affect divorce?

2012-02-26T13:55:09Z

With so many military bases in Virginia, it is likely that families there know the changes that can occur in a person's personality after they come back from military service. According to a recent study from Washington University, these changes can give veterans a hard time with reentering society.

This may be contributing to the difference in military divorce rates compared to those of civilians.

]]> The study was published in Psychological Science and examined young men that had experienced military service and found that they scored lower on measures of agreeableness than their civilian counterparts. Researchers behind this study suggested that this agreeableness gives people the ability to maintain control of themselves in social situations easier.

Studies suggest that those that enter into military service are often less sociable to begin with and the service itself reinforces this behavior.

Research began on the young men in high school. Their personalities were examined and reexamined three times in the following six years. During this time, some of them went into military service while others remained civilians. All of them scored higher on measures that indicated an increased level of maturity over time.

This study is one of the first to attempt an empirical examination of the possibility that a certain life experience can alter the personality of an individual.

The study did not directly suggest that military experiences affect the rates of divorces for military members, but some believe that this may be the case. In light of the stressors many enlisted personnel have endured during active duty, many branches of the military now offer various forms of marital counseling to aid couples in acclimating to life back home. Hopefully, such programs will lessen the divorce rate for military families.

Source: Futurity, "After military service, a shift in personality," Feb. 16, 2012

Man adopts 42-year-old girlfriend, questions arise

2012-02-20T13:31:45Z

Sometimes, family law cases can take a step out of the ordinary. More times than not, when Virginia couples choose to add a member to their family through adoption, that member is usually an infant or young child. However, in recent years, more adoption cases are involving adults, for a variety of reasons. Sometimes those reasons involve medical benefit coverage, other times it involves an estate planning rationale.

In October of last year, a businessman adopted his 42-year-old girlfriend as his daughter. The adoption has been in the news recently because many are curious why someone would do such a thing. The man is currently involved in a wrongful death suit and the plaintiff's attorneys allege that the adoption is illegitimate. They believe this is a way for the man to acquire some of his assets that will not be affected by the suit.

]]> The wrongful death suit stems from an alleged DUI accident that took the life of a 23-year-old man in February 2010. According to the authorities, the businessman was drinking and driving at the time of the crash.

The businessman is the founder of the International Polo Club Palm Beach and is believed to be considerably wealthy.

Parents of the deceased filed a civil suit against the businessman. The presiding judge said that a trust set up by the defendant for his two minor children will not be included as part of any of the man's financial worth. Since the adoption of his girlfriend though, the trust now has three beneficiaries.

Estimates suggest that the man's girlfriend will be able to acquire approximately $9 million from the trust right away and as much as $5 million per year in the future.

Interestingly, a guardian for the man's two minor children has filed paperwork asking a judge to throw the adoption out.

No hearing date has been set for this motion. His civil suit will head to trial on March 27 and a criminal trial for the accident will be held on March 6. He is currently charged with vehicular homicide, leaving the scene of an accident and DUI manslaughter. If convicted, he could be in prison for up to 30 years.

Source: Fox News, "Teenage kids fight dad's adoption of adult girlfriend," Feb. 9, 2012

Divorce can be a tough decision to come to terms with

2012-02-12T17:04:26Z

For some couples in Virginia, the end to a marriage may be a long time coming. There are plenty of reasons to stay married in today's society. Perhaps it is for the kids or it has something to do with the spouses' inability to financially support them alone. Maybe it has something to do with an emotional attachment that neither wants to let go of, just in case the marriage turns around in the future.

Whatever the reason may be, divorce is a very big life decision.

]]> For one man, his reason for staying together was multi-faceted. He and his wife have been married for 25 years. She had an affair early on during the marriage but the two decided to stay together so that they could work things out. They tried counseling and managed to get past everything but, two years ago, he caught his wife cheating on him again.

He did not divorce her at the time because of health and family reasons and the two have put on an act ever since -- for their two children, families and friends.

No one besides the two spouses knows how bad the marriage truly is and the man is finally ready to divorce his wife, partly because both of his children are in college now.

This situation is a difficult one. He knows that his wife's image is not his concern but, since the two work in the same industry in the same town, they will likely see each other in the future. His final decision -- to keep the relationship as amicable as it can be -- should come after a large amount of consideration.

When is the right time to initiate a divorce? That is one of the first questions that cross a spouse's mind when their marriage appears to be failing. What are the ramifications of a divorce? What about joint property? What about the kids? All of these are valid questions that need to be addressed.

Source: Washington Post, "Ask Amy: Dad's dilemma is with divorce and disclosure," Amy Dickinson, Feb. 2, 2012