Joint Custody Becoming the Norm

Joint Custody Becoming the Norm

In the not-too-distant past, divorce usually meant the mother would receive sole custody of the children with the father allowed to see the children on the weekend or over holidays.

This practice appears to be going by the wayside and, if Wisconsin Court Records of the past 20 years are anything to go by, joint custody is becoming the norm.

A new study, published in the journal Demography, reviews the current custody environment in the United States.

Researchers report that the guiding principle of the “best interest of the child” has now become standard in deciding on custody matters.

This new posture overturns the divorce court philosophy that dominated most of the 20th century where most children ended up living with their mothers after their parents’ divorce — a philosophy that conformed to gender norms that viewed mothers as better caretakers of especially young children.

Since the turn of the millennium, the custody policy of many states has become gender-neutral and encourages the involvement of both parents.

Written by Rick Nauert PHD.  To read the full article, click here.  For more information on family law and divorce matters in San Diego and/or Riverside county, please visit our website at www.jwbrookslaw.com, and follow us everywhere @jbwrookslaw.

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Pre-nups: courts and policy

For the past couple of years, since the landmark legal case of Radmacher v Granatino, the pre-nuptial (and pre-civil partnership) agreement has been seen as being as close to a binding agreement as the family courts will allow. The test for upholding an agreement entered into either before or during marriage as set out by the Supreme Court in that case is that: “the court should give effect to a nuptial agreement that is freely entered into by each party with a full appreciation of its implications unless in the circumstances prevailing it would not be fair to hold the parties to their agreement”.

Circumstances which a court will consider when deciding whether, to uphold an agreement, and to what extent, include whether there has been coercion or pressure applied to one or other party to enter the agreement. Also, the presence or absence of full financial disclosure and legal advice goes to the question of whether each party has a full understanding of the consequences of the agreement. Whilst lack of legal advice or financial disclosure are not absolute bars to an agreement being upheld, we would not recommend anyone sign an agreement in their absence.

Finally, when considering whether it would be fair to uphold the agreement, a court will look at whether the children of the relationship would be adversely affected by it being enforced, whether they have been adequately provided for, and whether enforcement would leave one or other of the parties to the agreement in dire financial need. If children are left without provision, or one party left in real need, then the court will be less likely to uphold the agreement.

Written by cflp.  To read the full article, click here.  For more information on family law and divorce matters in San Diego and/or Riverside county, please visit our website at www.jwbrookslaw.com, and follow us everywhere @jbwrookslaw.

California Spousal Support Basics

If you’ve just started researching California spousal support basics (or, if you need a refresher), this article will get you started in the right direction. However, if you need specific advice about your individual situation, it’s likely in your best interests to consult with a qualified family law attorney. In the meantime, it will help you to know…

Spousal Support is NOT Automatic

In California, spousal support is not automatic. If you need it, you must ask for it.

After you file your petition for dissolution (initial divorce papers), file your request for temporary spousal support immediately. If you don’t, you may miss out on several months of payments.

In addition, when you consult with your family law attorney, be sure to let him or her know if you want to explore permanent spousal support.

Written by Robert S. Kamin. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Divorced, but Still in Business Together

Judy Rosenberg and Eliot Winograd have been business partners for 35 years as co-owners of Rosie’s Bakery, a 30-employee, $2.5 million Boston institution with four locations. Their marriage was less successful: It lasted two years, from 1979 to 1981, and “was not a good personal dynamic,” Rosenberg says. Despite their failure to make their marriage last, they attribute their ability to remain in business to mutual trust and admiration for each other’s business skills, among other reasons.

Figuring out how to sustain a family business after a divorce is important: Roughly 65 percent of U.S. businesses are family owned, with about 30 percent co-owned by spouses, estimates Glenn Muske, an entrepreneurship professor at North Dakota State University who has spent 14 years researching couples in business. Between 40 percent and 50 percent of all first marriages will end in divorce, a rate that has declined slightly over the past decade as marriage became less common, according to the National Center for Health Statistics.

Written by Karen E. Klein. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Reuters/Ipsos poll: Views on gay marriage still divided after court ruling

WASHINGTON (Reuters) – As the dust settled on two major Supreme Court rulings this week that advanced gay marriage, a Reuters/Ipsos opinion poll showed that while about a third of Americans oppose the decisions, a majority are either in favor or had no strong opinion.

Forty-three percent of those surveyed agreed or strongly agreed with the court’s decision to strike down the 1996 Defense of Marriage Act, which limited federal recognition of marriage to that between a man and a woman. The poll of 410 people who were asked separate questions about each ruling was conducted from Wednesday, the day of the rulings, and Friday.

Written by Lawrence Hurley. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

Same-sex divorce request to test Indiana law

An Indiana man who married his same-sex partner in Massachusetts is testing his home state’s legal boundaries, having filed a divorce petition there despite the state’s refusal to recognize such unions.

Donald Schultz Lee doesn’t meet the residency requirement for a divorce in Massachusetts, so his attorney filed his petition to divorce Justin Schultz Lee with the Marion County clerk’s office in Indianapolis.

Clerk Beth White told WISH-TV that last week’s U.S. Supreme Court ruling on the Defense of Marriage Act is likely to “create some situations I think all around the state of Indiana that many of us are not used to handling.”

Written by The Daily Caller. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com

By the numbers: Same-sex marriage

(CNN) — The Supreme Court on Wednesday gave proponents of same-sex marriage two major victories — striking down parts of the Defense of Marriage Act that denied the same benefits provided to heterosexual spouses to legally married same-sex couples, and allowing same-sex marriages to resume in California.
Same-sex marriage rulings hailed as historic victory
DOMA ruling has financial impact
Poll: Majority backs same-sex marriage
Here’s a look at same-sex marriage in the United States, by the numbers:

Written by Caitlin Stark and Amy Roberts. To read the full article, click here. For more information on family law attorneys, visit our website http://www.jwbrookslaw.com