We Americans love lots of things. We love to fall in love, we love to get married, we “love” to get divorced, and we love to move. Almost all of us fall in love (at the very least with our pets), almost all of us get married, almost half of us who get married get divorced, and almost half of us born in one state end up living in another. When our country was formed none of this was true. Marriage was near universal, divorce was unheard of, and most people stayed put.
State rights, one of our nation’s founding principles, made sense back then. It makes far less sense today. But your state of residence determines all kinds of things. These include the penalties for crimes you commit, how much you pay in taxes, how much you can collect in welfare, what you can leave your children when you die, where you can buy beer, whether you can smoke pot, whether you can readily get an abortion, and the list goes on.
One of the biggest issues some married couples face when they move across state lines is how they will fare if they get divorced. (And, again, almost half will untie the knot.) The answer may be far better or far worse depending on the state and even the county in which you reside. I say “may,” because if you reach an amicable settlement, that settlement may be legally approved no matter where you live. But if you have a contested divorce and end up leaving it up to a judge, she’ll likely apply state or county guidelines that can be very different depending on the state or country. Indeed, since only a few states and counties in the country have formal guidelines, the guidelines are mostly those set by the local judge. These judges are, of course, influenced primarily by what other judges in their locality and state are doing.
Why ‘brutal’ divorce laws must change in BreckenridgeJeff Landers , CONTRIBUTOR I write for women going through financially complex divorces. Opinions expressed by Forbes Contributors are their own. Heidi Klum & Seal: Getty Images via @daylife I am not in favor of dirty tricks during divorce. However, pretending they never happen doesn’t do anyone any good, either. Divorcing women need to understand the full range of tactics some husbands use, and they need to be proactive –not reactive --as they work to secure the best possible divorce settlement. To that end, if you are contemplating divorce, you need to know about a tactic I see quite often in financially complex divorce cases: “Conflicting out” all the top divorce lawyers By “conflicting out” certain attorneys, your husband can make it difficult for you to hire the lawyer that’s best for you. Here’s how it works: He makes appointments with all the top lawyers in your area. Then, he meets with each one –but only for a short time. All he needs to do during those meeting is share enough information to create an attorney-client relationship. Once he does, that particular attorney will be prohibited from representing you. Of course, your husband doesn’t actually have to hire any of these attorneys. The entire goal with this tactic is to “conflict out” attorneys so they cannot be hired by you. Celebrities frequently use this strategy –and men aren’t the only ones that do. In fact, Heidi Klum made headlines earlier this year for divorce attorney “shopping” in Los Angeles. Of course, Heidi simply may have been interviewing divorce attorneys to find the most qualified and the one she would be most comfortable with – a perfectly legitimate endeavor. The lesson here is simple. Don’t procrastinate when hiring a divorce attorney. If you do, you could miss out on the opportunity to retain a great lawyer! What are some other tactics used by husbands during a divorce? Don’t get me wrong. Not all divorces are bitter battles. Some are relatively amicable, and the vast majority are settled outside the courts. However, at Bedrock Divorce Advisors we've seen quite a few underhanded financial and legal tactics employed by husbands or their divorce teams. Many husbands will also: Stall and delay. By repeatedly rescheduling court hearings and/or filing excessive motions and requests for evidence, a husband can drive up his wife’s legal costs and stretch out the time during which she must cover living expenses. In these cases, the husband is hoping she'll run out of money and be forced to agree to his settlement offer, which is often extremely unfavorable to her. Exert pressure to proceed too quickly. A husband who wants his wife to agree to a “quick” settlement may have something to hide. For instance, very early in the process, the husband’s attorney may send over a settlement proposal for the wife to review and counter. Usually, this means the husband just wants to get the divorce over and done with quickly, and he wants his wife to settle for what appears to be a reasonable offer. The problem, of course, is that in many cases, she has not received all the discovery documents requested, so she doesn’t have complete knowledge about key financial matters, such as marital assets, income sources, expenses, what they owe and what's owed them. Rushing to get a settlement is especially sneaky if the husband has been busy hiding assets and/or income and now he is trying to get her to agree to a 50-50 split of only a portion of their total assets! Deny access to financial resources. Unfortunately, many married women do not take a hands-on approach to the family finances. During a divorce, a husband can use her lack of knowledge to his advantage. He can ensure that only he can access family funds, cut off his wife's credit cards, move funds out of family accounts, etc. Actions like these can leave his wife without the money necessary to buy groceries, much less hire the right divorce team to represent her…while he hires an excellent team to represent him. This is especially problematic for abused women who live in constant fear of harm—to themselves and/or their children. Hide assets. As I have discussed at length in earlier blog posts (see 21 Signs That Your Husband May Be Hiding Marital Assets During Your Divorce and Divorcing Women: Here’s Where Husbands Typically Hide Assets), hiding assets during a divorce is sneaky, unethical and illegal –but it happens much more frequently than most women expect. Fail to pay court-ordered support or refuse to relinquish assets. Husbands who don’t follow court orders are breaking the law –and they force their wives to try to extract the promised payments at considerable legal cost long after the divorce is over. What’s more, all this financial and legal wrangling is terribly time-consuming. Some women have to take time off from work to deal with these issues, and that can put their jobs in jeopardy. Sadly, many family courts do a poor job enforcing such orders, even when a woman follows its requirements to the letter, and even for a well-meaning judge, deception on the part of an ex-husband can be difficult to decipher or prove. Because there are so many different dirty tricks, I recommend that women maintain their own emergency fund in a separate bank account, even if divorce has never entered their minds. If you are contemplating divorce, make sure you start organizing your personal finances and important documents under the guidance of a qualified divorce financial strategist. During the divorce, you’ll need to Think Financially, Not Emotionally® so you can keep your finances intact while planning for a secure financial future.
Should I Refuse Field Sobriety Tests in Michigan?Top Michigan License Restoration Attorney If you have a revoked license for multiple drunk driving offenses contact us at Law Offices of Barton Morris for the best chance to get it back. Barton Morris and his legal team are highly experienced in conducting the Driver License Appeal Division Hearings and are very successful. Attorney Morris and his team not only prepare you for the hearing but also assists you with the preparation of letters and the substance abuse evaluation. The key to success is proper preparation and meticulous review of all evidence to be submitted. If everything goes as planned, your license privileges can be restored in as little as 10 weeks. Understanding the Process The reason most people are not successful in obtaining their license the first time is because they do not understand the process and what is expected. They believe that they can do it without an experienced attorney, then they have to wait a full year when they get denied. The ONLY way to ensure success is to retain an attorney who thoroughly knows the process which greatly increases your likelihood for victory. Review and Determine Eligibility The process begins by reviewing your driving record, which we can obtain immediately in the office, and determine your eligibility and conviction history. At this time, we will also engage in an extensive review of your personal history and provide a detailed overview of the process. Substance Abuse Evaluation You will be referred to the appropriate substance abuse evaluator for an evaluation and drug test. Once the evaluation is completed, we review it for accuracy and completeness with you prior to submission to the state. After submission it takes an average of six weeks to receive the hearing date. During that six weeks we assist the client in development and preparation and review of the required three to four letters from close friends and family documenting sobriety. Hearing Preparation Prior to the hearing we meticulously prepare the client with a mock hearing where we review all anticipated questions and ensure the client knows exactly what to expect. This includes questions that are particular to each of the hearing officers all of whom we are very familiar with and know what they individually are looking for. During the hearing we will conduct the examination and presentation of the evidence. We also handle any follow up investigations or evidence submission. Next Steps After Approval After your license is approved, if a Breath Alcohol Ignition Interlock Device is required, we will assist you in procuring this device at the best cost available. 93% Success Rate in 2016 If you’ve recently been denied your license, call the Law Offices of Barton Morris as soon as possible. Attorney Morris and his experienced legal team has a high probability to win this case on appeal or at least get you an earlier hearing date. Commonly Asked Questions DOES A PERSON NEED A LAWYER FOR A LICENSE RESTORATION? DOES A PETITIONER NEED TO ATTEND AA? HOW DO WE ACHIEVE A HIGH PERCENTAGE OF SUCCESS? WHAT IS THE IMPORTANCE OF A GOOD SUBSTANCE USE EVALUATION? WHAT NEEDS TO BE INCLUDED IN THE LETTERS OF SUPPORT? Helpful Resources To visit the State of Michigan’s website regarding license restoration.