marriage%20and%20money.jpgIn an op-ed piece in the New York Times, economic researcher Justin Wolfers says that recent media accounts of how the economy has reduced both marriage and divorce rates is misleading, and that both are pretty much on the same track they have been on the past 30 years.

Noting that marriage and divorce rates have remained “remarkably immune” to the ebb and flow of business cycles, Wolfers said it is misleading to count marriages among people in their 20s and early 30s because the average age of marriage has been increasing since 1970 – it is now 28 for men and 26 for women.

Instead, he says, we need to look at the number of marriage certificates issued to gauge whether or not marriage and divorce rates are decreasing during the recession. For 2009, there were about 2.1 million of them issued in the U.S. – a slight decline since the recession began, but the same rate of decline that has existed for the last three decades.

number%2010.jpgIn the wake of New York’s passage of a no-fault divorce law, Woman’s Day Magazine has made a list of 10 of the more obscure marriage laws that in some cases still remain on the books in some states:

Military Marriage by Proxy. Four states – California, Colorado, Montana and Texas – allow someone to stand in for a bride or groom if they are serving in the military and cannot be present. Montana allows stand-ins for both parties.

Baby Marriage. A few years ago, it was legal for anyone under the age of 18 to be married in Arkansas with parental consent – even babies. Lawmakers forgot to add a minimum age to a law that was enacted to allow pregnant teenagers to marry with parental consent. This was fixed in 2008.

DOJ_logo.jpgThe U.S. Department of Justice has filed appeals on two rulings by a Massachusetts judge who called the federal Defense of Marriage Act (DOMA) unconstitutional because it denies federal benefits to gay couples that marry.

In July, U.S. District Judge Joseph Tauro ruled in two separate cases that DOMA is unconstitutional because it restricts a state’s right to define marriage and denies married gays a number of federal benefits given to heterosexual couples, which violates the equal protection clause of the U.S. Constitution.

Passed in 1996, DOMA restricts marriage to the union of one man and one woman, bars the federal government from recognizing gay marriage and gives states the right to not recognize same-sex unions performed in other states. Currently, five states – Connecticut, Iowa, Massachusetts, Vermont and New Hampshire — and the District of Columbia have legalized gay marriage. Three states recognize but do not perform gay marriages: New York, Rhode Island and Maryland.

ChildofDivorce.jpgA Nevada woman applying for a marriage license discovered that she had been abducted by her mother during a bitter child custody dispute and had been living under an assumed name since she was six.

Melissa Reed, whose real name is Eva Marie Fiedler, found out that her mother, Nancy Dunsavage, had taken her from New Jersey to Nevada following her 1983 divorce. Dunsavage said she left and changed their names to save them from her allegedly abusive ex-husband.

Dunsavage is now in a Reno jail on a 1985 fugitive warrant from New Jersey. Prosecutors have said they want her returned to face charges in what they say was a parental abduction.

japanese-flag-640.jpgIn a nearly unanimous vote of 416-1, the U.S. House of Representatives passed a resolution that urges Japan to address a growing problem of American children taken from parents in violation of child custody orders.

The resolution was introduced by New Jersey Rep. Chris Smith who said that Japanese courts do not currently recognize American child custody orders and have never ordered the return of an American child. One of Smith’s constituents, Michael Elias of Rutherford, has a son and daughter who were abducted by his Japanese wife during their divorce proceedings. The judge had confiscated the children’s passports in an attempt to prevent the abduction, but the wife was able to enter Japan with her children anyway. All of the father’s attempts to visit the children have been thwarted by Japanese officials.

The House resolution urges Japan to resolve all cases involving abducted American children immediately, and directs the U.S. to treat child abduction as a central foreign policy issue. Smith, who is a Republican, had criticized President Obama for not addressing the issue when he met with the prime minister of Japan recently.

Custody-hands.jpgThree Connecticut children ages 10-13 think children should have a bigger voice in child custody disputes, and are circulating a petition to allow children over the age of 12 to forego the assignment of a guardian ad litem and speak to a judge directly about what they want when it comes to child custody issues.

Trianna Gutzman, 13, her sister Marika, 12 and brother Cyril, 10, are the children of divorced parents who share joint custody. Trianna said she was inspired to circulate the petition after seeing the movie “Gandhi.”

“He said, ‘Be the change you want to see in the world’ and that gave me the inspiration to make the change,” said Trianna.

money%20chained.jpgIf you are about to get a divorce or care about someone who is, there are some ways to make it less expensive that should be greatly appreciated in these trying economic times. Here are some tips on how to save money in a divorce:

Try to work out as much as possible in advance. The more you can agree on prior to involving attorneys, the cheaper it will be for both of you. Try to work out the division of assets and child custody issues so you only need to use your divorce lawyers for the legal stuff. Using your attorneys to argue with each other over who gets what piece of furniture and how you’ll handle holidays is a sure way to run up your legal bills in a hurry.

Get smart on your assets and liabilities. Engage a financial planner to help you make smart economic decisions for your future. Know exactly what and where your assets are, as well as the liabilities that each of you will be responsible for. Use the planner to help you figure out a fair approach to retirement account splits, alimony, etc.

Facebook.jpgBitter Twitters and Facebook fits are becoming increasingly more common during bitter divorce and child custody disputes, and the idea of social media non-disclosure agreements between warring spouses is beginning to gain traction among divorce attorneys, according to a recent article in Canada’s National Post.

The Post interviewed celebrity divorce attorney Gloria Allred, who noted that the fact cyber-based non-disclosure is being discussed at all is a “2010 phenomenon” and a sign of the times. While most celebrity divorces include non-disclosure agreements, that trend has not yet filtered its way down to the mass divorcing public. However, that may soon change.

Recently, a judge in Canada told a father to “unfriend” his daughter on Facebook so she could not see the unflattering remarks about her mother on his wall page, and to change his password so she would not have access to his Facebook account.

Adoption.jpgThe Florida Department of Children & Families has decided that it will not appeal last month’s 3rd Circuit Court of Appeals decision overturning the state’s 30-year-old ban on gays and lesbians adopting children.

According to news reports, the only way the case would remain alive would be if the state’s Attorney General decided to appeal to the Florida Supreme Court to allow the gay adoption ban to continue. The decision to appeal must be made by October 21, and the Attorney General’s office has said that it is not sure how it will proceed, but will meet with DCF attorneys to discuss the case.

The case that resulted in the overturn of the gay adoption ban involved a gay foster parent, Martin Gill, who wished to adopt two boys who were placed in his care by the Department of Children & Families after they were removed from their home because of neglect. At the time, Florida law allowed gay men and lesbians to serve as foster parents and guardians.

maze.jpgA recent Reuters article focused on the use of financial advisers by divorce attorneys to help their clients discover hidden assets through the analysis of financial information.

Lili Vasileff, president of the Association of Divorce Financial Planners, gave the following tips for finding hidden assets:

Tax returns – examine the interest income schedules to ensure that all the accounts listed there are also listed on the net worth statement that divorcing spouses must fill out listing all their assets. You should also compare mortgage interest and real estate taxes listed on the return with the real estate listed on the net worth statement.

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