January 2012

Vanessa Bryant scores big in her divorce from Kobe Bryant

A recent article discusses the high-asset divorce of Kobe Bryant from his soon-to-be ex-wife. As Massachusetts residents know, divorce settlements can be tricky. Even so, the process has been a financial success for the basketball player’s former partner. According to reports, Vanessa Bryant will come away with three Newport Beach mansions. However, the homes are just a portion of it. A source says that she will receive around $75 million in the divorce settlement. This is half of the couple’s high net-worth. The celebrity couple did not have a prenuptial agreement. Because California is a community property state, Vanessa may have a right to half of Kobe’s earnings during their decade-long marriage. The NBA player is reported to make around $25 million this year. In addition to financial matters, the separation contemplated the fate of the couple’s children. Child visitation and custody issues are a recurrent theme in many divorces. The result of arrangements can impact a child’s life. Vanessa requested joint custody of the couple’s two daughters. She also asked for spousal support. In any event, a source reports that the couple recently reached a settlement out of court with help from attorneys. As one can see, the division of assets can be complex–especially in marriages with an abundance of marital property. Also, the separation process can impact the kids’ living arrangements. Fortunately, with legal assistance, Kobe and Vanessa Bryant reached an amicable agreement. If you are struggling with a complicated separation or divorce, you may also want to

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Lifetime alimony: Is it time for the laws to be updated?

The hard felt economic downturn has affected everyone in the country at some level. Particularly hard hit are a number of individuals in New Jersey who at one time or another were ordered to pay their former spouse lifetime alimony. This disparity has primarily impacted men who over 30-years-ago, when the law was first adopted, were the principal wage earner for the household. At that time, most women were responsible for managing the home and caring for the children. But, today, the roles of men and women in the workplace have changed dramatically. Yet, the existing spousal support laws have yet to catch up with the modern day norm. It is this current imbalance that has precipitated New Jersey groups to garner the attention of some of the state’s politicians. The problem is this, the lifetime alimony laws do not take into account changes in circumstances, like a decrease of income, without a successful petition to the court. With many baby-boomers entering into retirement, those individuals responsible for paying lifetime alimony may not be bringing in the same amount of income as they did the time the spousal support was ordered. This shift in income is causing many payors to slip further into dire financial situations such as bankruptcy and foreclosure. Still, they are responsible for keeping up with their spousal support payments. Nine states such as Arizona, California, Louisiana and Wisconsin are considered community property states — under most circumstances everything is split equally. Massachusetts got rid of their

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Boston father fights to retrieve sons from Egyptian mother

For divorcing couples in the same city or state, coming to terms with shared parenting can be difficult. However, those challenges can increase dramatically for couples from different countries. For one Boston father, his concerns for his sons’ safety and well-being are in the forefront for many politicians aiding the father in his efforts to retrieve his two sons from Egypt after they were illegally taken from the country by their Egyptian mother. And this father is not alone in his plight. He is one of many U.S. fathers caught up in the wake of international child abductions, fighting to regain custody from countries such as Japan and Egypt, that do not acknowledge the Hague Convention. In 2008, the Boston dad was granted sole legal custody of his sons when he and his ex-wife divorced. The boys’ mother has dual citizenship; British and Egyptian. She was only given limited visitation, initiating the catalyst towards the subsequent kidnapping. Prior to picking up his sons from visiting their mother in 2009, he received a phone call telling him that his sons had been taken to Egypt. The mother had acquired false passports for the boys. Divorced parents are required to provide dual parental consent forms prior to traveling with children overseas. However, EgyptAir states that they only are “required to review passports” and that due to the lack of support staff cannot contact “non-traveling” parents to confirm international travel plans with them. Sadly, since 2000, international child abductions have tripled in the

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Same-sex divorce bill in D.C. closes unfair loophole

Massachusetts residents may be interested to know that pending legislation in the District of Columbia is designed to offer protection to same sex couples who married in the District and want to divorce, but now live in a state that does not recognize the marriage. To date, in addition to the District of Columbia, six states allow same-sex marriage. The proposed bill is titled the Civil Marriage Dissolution Equality Amendment Act of 2011 and is expected to come to a vote in early 2012. In effect, it allows same-sex couples no longer living in Washington, D.C., to process their divorce there under certain conditions. Previously, the law required that one party to the marriage live there for at least six months prior to filing for divorce. The bill was cosponsored by eight of the D.C. Council’s 13 members. It is considered necessary because states that do permit same sex marriages have no mechanism for providing a divorce between a couple lawfully married in another jurisdiction. For the law to apply, the couple must have been married in the District. Since so few states currently provide for same-sex marriage, the District of Columbia appears to offer an important safeguard for those wishing to divorce. The law in this area is constantly changing, and those affected would likely benefit from consulting an attorney experienced in family law and procedures as they apply to same-sex marriage. In enacting the proposed legislation, the District will be closing a loophole that seemingly leaves some same-sex

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