Family Law Blog

More Women Asking for Prenuptial Agreements

Friday, October 25, 2013
Just a few years ago, the term “prenuptial agreement” evoked images of a wealthy, possibly older man, and a young, possibly trophy wife, signing a contract that effectively blocked the wife from too much access to the man's wealth in the case of a divorce. Flash forward to 2013, and the situation is dramatically changed. According to a new survey of divorce lawyers, there has been a significant increase in the number of women who are requesting prenuptial agreements.

The survey was conducted by the American Academy of Matrimonial Lawyers. 60% of divorce lawyers in the survey admitted to seeing an increase in prenuptial agreements over the past three years, and 46% saw an increase in prenups requested by women. This is a significant finding, and it is possibly rooted in the fact that the real estate and financial markets are continuing to improve. That means that women are less likely to want to share these assets in a divorce.

This trend is also the opposite of just a few years ago when the housing market had crashed. In those days, divorce lawyers came across numerous cases involving spouses fighting over who would take the house with a substantially depreciated value. A house like this was considered to be a liability, and not an asset.

However, although women are now asking more often for prenuptial agreements, some things have still not changed. The average prenuptial agreement signed in California continues to include provisions for the separation of the marital property, as well as arrangements for alimony to be paid in the event of a divorce, and matters related to the division of the property in the event of a divorce.

Facebook Misbehavior Can Complicate Your Divorce, Child Custody Case

Friday, October 18, 2013
Facebook is frequently being cited as a factor in divorce and child custody cases, and not surprisingly, your San Jose divorce lawyer will advise you to deactivate all your social networking accounts while your case is still pending. That's because human emotions very often take over, causing people to make potentially dangerous mistakes on Facebook that could ultimately cost them their case.

A recent example is a case out of Alabama, when a man who threatened the mother of his child on Facebook over a child custody dispute, finds himself behind bars. The 31-year-old man allegedly made terrorist threats against his ex-girlfriend on Facebook. He posted statuses using vile language, and alleged that if he didn't “get his hands” on the baby, he would get his hands on his ex-girlfriend in the courtroom, and “shoot her.” The post was laced with expletives. He also posted pictures of himself using a rifle.

Police soon received anonymous tip after he posted these statuses on Facebook, and forwarded the information to the local Sheriff's office. An investigation was launched, and the man was arrested. Investigations found that the man had made several such posts on Facebook, threatening his ex-girlfriend with violent acts.

The man could have maintained a cool head, and waited for his hearing before a Family Court judge. In fact, he and his ex-girlfriend were due to appear before a judge to argue about custody. However, his chances now look very bad after his arrest. He has admitted to making the threatening posts, and it has been confirmed that he was not in possession of any weapons.

Such foolhardy behavior on Facebook will not go unnoticed, and you can be quite sure that lawyers for your ex-spouse will be monitoring your behavior on Facebook, Twitter or other social networking sites to gather ammunition for their case.

Having Divorced Friends Can Increase Your Own Divorce Risk

Tuesday, October 15, 2013
Having friends who are divorced can actually increase your own risk of going through a breakup. In fact, according to research conducted by a team consisting of researchers from the University Of California San Diego, Harvard University and Brown University, having a divorced friend can actually amplify your own divorce rate by as much as 75%.

In fact, according to the research, you don't even have to be close friends with a divorcee to amplify your own breakup date. Just having a casual acquaintance who is a divorcee can increase your own breakup risk by as much as 33%.

In other words, divorce is possibly quite contagious.

Individuals who are divorced influence not only their friends, but also their friends’ friends. According to the researchers, understanding why divorces affect friends could actually help facilitate better understanding of the adverse effects of divorce. It could also help in the development of strategies to help reduce the negative impact of divorce, and also develop better coping skills for people who have been through a breakup.

According to the researchers, the study's findings could also provide more clues about why approximately 43% of marriages in the United States end in divorce, and whether this is an individual or social problem.

The good news is that the reverse may also be true. In other words, having friends who have strong and healthy marriages, possibly spells better prospects for your own relationship. Having a social circle that is full of strong relationships, increases stability in your own marriage, and might help to enhance the durability of your own marriage.

Divorce Takes Heavy Mental Toll on Males

Tuesday, October 08, 2013
Divorced males are likely to suffer a much heavier mental toll after the event, compared to females. The results of a new study seem to contradict the widely- held belief that females are somehow much more vulnerable to the heavy emotional and mental toll after a traumatic life event, like a divorce.

The results of the study were published recently in the Journal of Men's Health. The researchers found that divorced men had much higher rates of depression, alcohol and drug addiction, and mortality compared to females.

Although women are traditionally believed to suffer from the greatest emotional aftereffects of a divorce, there has been research to indicate that men are not necessarily immune from such consequences as well. For instance in both the genders, divorce is linked to a variety of psychological and mental health problems. Earlier research has found that a healthy marriage is essential to a male’s life expectancy.

According to the researchers, the heavier emotional toll of divorce on a male could be the result of societal pressure. Society judges males to be self-reliant and resilient creatures, who do not feel any negative emotional fallout from a divorce. This kind of attitude does place immense pressure on males to put up a strong front after a divorce, even when they're feeling traumatized within. In fact, the results of the study seem to confirm that males also feel the traumatic effects of a traumatic life event, like a divorce, or bereavement.

In fact, the researchers believe that these mental health consequences are so severe that they're calling for the development of more strategies to help diagnose and identify divorce -related health problems in males.