Pets as property in divorce proceedings

Wisconsin residents who are going through a divorce with pets involved may be wondering what rights they might have regarding the ownership and custody of those pets. According to the law, a pet is a piece of property just like any other possession.

However, the way pets are handled in a divorce varies among judges. Some judges are starting to recognize that people view their pets as more than just property and act accordingly. They may award the pets to the person who has been their main caregiver and to whom the pets are most bonded.

Some judges remain unsympathetic to the plight of divorcing pet owners. In order to retain pet custody after a divorce and avoid unnecessary emotional trauma, individuals concerned about the fate of pets they are bringing into a relationship may wish to include the pet in a prenuptial agreement. Postnuptial agreements can also be arranged for pets that couples obtain after the marriage.

Individuals should also be aware that beloved pets may sometimes become the targets of domestic violence. One woman spent three years fighting for custody of her dog, and six months after the three-day trial that decided the case, the dog died. The woman’s attorney has alleged the death was suspicious.

In 2013, a New York court made state judicial history by permitting a couple the right to oral arguments regarding pet custody, though the case was ultimately settled out of court. With the laws around pet custody uncertain, pet owners may wish to consult an attorney regarding their pets before, during and after marriage.

Source: The Daily Beast, “Divorce Is Going to the Dogs, Literally“, Keli Goff, June 20, 2014

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Legal fees owed by ex-spouse of former Dodgers owner

Wisconsin residents dealing with concerns over property division in their divorce cases may be interested in reading about a June 24 judgment handed down in a case involving former Dodgers owner Frank McCourt and his ex-wife, Jamie McCourt. At the time of the couple’s divorce in 2012, Mrs. McCourt was awarded luxury residences that were purchased during the couple’s marriage of almost 30 years. She was also awarded $131 million without tax obligations. However, Mrs. McCourt later claimed that her husband undervalued the baseball team at the time of the divorce. The team sold in the same year for more than $2 billion.

A superior court judge ruled in the case in September, rejecting the claims. Mr. McCourt’s attorneys pursued repayment of their legal fees for contesting the challenge, an amount of nearly $2 million. Although Mrs. McCourt’s attorneys argued that these fees were excessive, the same judge ruled that language included in the divorce judgment is clear about the obligation of any party contesting the result to reimburse the other’s legal costs. The judge additionally noted that she was involved in the team’s operations and that she had access to and help from many attorneys and accountants prior to the settlement being completed.

As the judge indicated, the language of the divorce judgment denoted an intent to end the matter at that point, and the parties had the opportunity to consider the terms carefully. It is important to understand the implications of a divorce judgment before accepting it, and a party who does not understand the terms may want to seek the assistance of an attorney for clarification.

In some cases, there may be issues in which a spouse has not fully disclosed the value of an asset, resulting in a judgment that may later seem unfair. In such a case, an attorney may assist in exploring the options for pursuing remediation.

Source: ABC News, “Judge Favors Frank McCourt in Divorce Fees Fight“, Anthony McCartney, June 26, 2014

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Divorce and division of property

Wisconsin residents may be familiar with a major aspect of divorce, the division of real estate. Numerous scenarios can present themselves when a divorce occurs. If a spouse wants to stay in the house and the vacating spouse wants the initial down payment returned, the property can be refinanced to come up with the money. If a house was purchased with a down payment of $100,000 and if only $60,000 can be raised to buy out the spouse because of a decrease in property value, one option is to make up the difference with gift funds, coming from family in most instances.

If a spouse is attempting to buy a house, and the spouse and ex are still legally married, a spouse can release interest in the transaction by signing a quit claim deed. As in most conflicts, keeping the lines of communication open between spouses means that amicable settlements are more likely to ensue.

It is important to monitor credit reports and make sure that debts fairly represent what is owed by each spouse. When there is much acrimony in a divorce, it may be advisable to consult an attorney. A divorce settlement has a long-term effect on a relationship and family, and even extended family, so in most cases, it is best to secure representation.

There is more to divorce than the division of property, and each divorce is unique. Rather than risk a fair and equitable settlement, a family law attorney can assess each element of the case and provide guidance. When there are alimony and child custody concerns, many assets, out of state property and pension plans, an attorney can assist a client to obtain the best settlement terms.

Source: Credit.com, “How to Divide Your House in a Divorce“, Scott Sheldon, July 09, 2014

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How does community property work during divorce?

Wisconsin is one of a handful of states that observes “community property” law, which is a way for splitting spouses to deal with the tough task of dividing assets during a divorce. So what does community property mean, and how does it work?

Community property means that when a married couple splits their marital assets during divorce, each spouse is granted a 50 percent stake in each asset. There are slight variations in the specifics of the community property laws from state to state, but this the general rule of community property.

So then the next logical question is “what qualifies as community property?” Well, any asset you or your spouse acquired during the marriage unless it was earned as a gift or as part of an inheritance is considered community property. Your home, your income, interest earned on business ventures, furniture: all of it can fall under the umbrella of community property. However, any assets obtained after the date of separation do not count towards community property.

There are wrinkles to community property laws. For example, there have been cases where “semi” or “quasi” community property has been determined. This describes cases where property that was separate at the beginning of or during a marriage has become communal over the course of time.

Knowing that Wisconsin is a community property state, divorcing couples need to be prepared for this way of dividing assets and property. It can be a complicated process, but it doesn’t have to take you by surprise.

Source: FindLaw, “Community Property Overview,” Accessed Aug. 20, 2014

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A few things to consider about prenuptial agreements

There was a time — and it wasn’t even that long ago — when prenuptial agreements were considered a taboo subject that few married couples should consider. The contract was seen as a couple thinking about divorce before they even said their vows, and even if it was something they wanted to consider, the general thinking was that only couples with significant assets should agree to a prenuptial agreement.

But the perception of prenuptial agreements has changed quite a bit over the years, and they are now viewed as important contracts for not only divorce, but also the health of the marriage as well. So what is a prenup? It is a contract that essentially creates new rules that pertain to your divorce (should one occur) instead of the ones that would apply without the presence of that prenup.

A prenup is also especially important in a community property state, like Wisconsin, where assets become shared marital assets once you tie the knot. A prenup can designate that certain assets (may they come about in the future, or may they be current shared assets) or exempt from the community property rules.

In addition, a prenuptial agreement can evolve and change as the marriage goes on. Just because you sign it before your wedding day doesn’t mean that the language contained within the contract will remain constant throughout the marriage. You can alter and update the prenup over the years, and you can even sign a postnuptial agreement to address new issues — or to generate a similar document to a prenup if you didn’t sign such a contract prior to your wedding day.

 

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The pet custody problem, and how to solve it

When it comes to divorce, there are many major issues that come into play that the spouses are prepared for. There are also numerous major issues that spouses aren’t prepared for when they deal with a divorce. Somewhere in the middle of these two realms is pet custody, an increasingly prominent divorce issue that can often throw spouses for a loop when dealing with their divorce.

Pets usually fall under the distinction of property, which, right off the bat, makes the situation very complicated. Since a pet usually is considered property, it is not uncommon for the pet to be given to just one of the spouses in property division. Sometimes the spouses want it this way; other times they don’t.

A good way to avoid this dilemma is to agree to a pet custody agreement early in the divorce process. This nips the issue in the early portions of the divorce, saving you time, stress and anxiety, while also ensuring that you get to see your pet.

If a pet custody agreement can’t be reached, then a messy situation arises where the spouses may have to prove to a court why they deserve the “property” in dispute. The spouses would likely try to establish their case by showing receipts for pet supplies and training. They could also call on witnesses who have knowledge of the spouses’ relationship with their pet. Photos and other documentation can play a role as well.

Pet custody is a serious issue, and it really does behoove the splitting parties to consider a swift and amicable solution to the problem.

Source: USA Today, “Pets increasingly at center of divorce battles,” Cameron Saucier, Aug. 24, 2014

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This is not a joke: ‘divorce hotels’ are a thing

Have you ever heard of a “divorce hotel?” It’s about as simple as it sounds: an unhappy couples checks into a hotel for a weekend and, during the course of that weekend, they are able to finalize their divorce with some advisers. All it will cost you is thousands of dollars just to stay at the hotel, and possibly your chance at the divorce that you want (or arguably deserve).

We bring up the divorce hotel because a current program is under way between a hotel in New York and a company in Netherlands that specializes in divorce hotels. They are working together to expand the idea here in the United States. Who knows — maybe divorce hotels really will help out people in need of ending their marriage.

But we have two issues with the divorce hotel. First, having to finalize every detail in a divorce over one weekend seems very difficult. Maybe the divorce hotel caters only to couples who have hammered out many of the more complex details in their divorce before staying at the hotel. If not, we would caution people from every considering these hotels. Child custody, prenuptial agreements, property division: these are all very complex matters that require attention, detail and time to ultimately solve.

The other issue here is that since there is not much time to complete your divorce at one of these hotels, this divorce process could create new issues — both legally and personally. If you do ever consider a divorce hotel, make sure you read the fine print, and make sure you are prepared for what’s ahead.

Source: Huffington Post, “‘Divorce Hotel’ Provides A Quick Getaway… From Your Awful Marriage,” Brittany Wong, Sept. 12, 2014

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Husband claims that he and his wife of 20 years weren’t married

The world of divorce tends to bring out the weird and the bizarre. Stories usually center around celebrity couples that are going through outlandish divorces that soak up the headlines. They may also center on every day people doing extraordinary things. You can file the following story somewhere between these two areas of divorce stories.

The son of one of the Minnesota Vikings part-owners, Michael Mandelbaum, is going through a divorce right now, triggered by his wife of 20 years. It would seem to be a pretty clear road from here: deal with the divorce in the best way possible for the spouse involved and their three children. However, Mandelbaum is making a claim that sounds audacious at first, but technically, could be correct: he says that he and his wife were never actually married.

The Mandelbaums held a Jewish wedding ceremony in New Jersey, and when they had the ceremony in 1993, it was held 16 days prior to the couple obtaining a marriage license. According to New Jersey law, a couple must obtain a marriage license before they are married. Michael Mandelbaum is hoping that this technicality invalidates his wife’s divorce filing.

Even though this may seem like a lousy response to a divorce filing, this is what divorce law — and really, much of law in general — is about. Technicalities are a huge part of the law. When something isn’t done the way the law says it should be done, then it can (and probably will) lead to consequences. In this case, it could lead to a dismissed divorce claim.

Source: Wall Street Journal, “Son of Minnesota Vikings Part-Owner Says He Wasn’t Legally Married to His Wife,” Yoni Bashan and Heather Haddon, Sept. 18, 2014

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If you are considering divorce, we can help you

Let’s say that a couple that you know is going through some marital problems, and the couple admits to you that not only is this ongoing, but that they are considering filing for divorce. You gut reaction may be that the couple should try to do everything they can to fix their relationship, and indeed, this may be the right course of action. Every couple is different, and therapy or legal separation may help the couple realize that they should stay together.

However, the other side of the coin could also be true. Maybe divorce really is the best thing for this couple. Maybe moving on past this trying time in their life and starting new is just what they need.

We bring this up because someone people are repulsed by the idea of divorce, and there’s nothing wrong with that. But we should clarify something about divorce: it isn’t the “problem” that it is made out to be. Actually, divorce is a solution to a problem, with the problem being an unhappy marriage. If a couple is so upset with each other that it is affecting all aspect of each spouse’s life, then why stay together just because the stigma of divorce is that it is a “problem”?

It may be weird to think of it that way, but divorce truly is a solution for most couples who are considering it. And at Magner, Hueneke & Borda, we can help you get through this problematic time in your marriage by supporting you while you work towards the ultimate solution.

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‘Gray divorce’ brings many unique issues to the table

“Gray divorce” is a term that has become much more prevalent in society over the last few years, though it still isn’t commonly known. Gray divorce refers to older couples getting a divorce. There’s no definitive age at which something becomes a “gray divorce” nor is the term “gray divorce” a legal term that offers special or unique benefits. It is merely a moniker for older couples getting a divorce.

Gray divorce has been on the rise for a while now. In 2008, about 1 percent of every 1,000 married people aged 50 or more went through a divorce that year. Though that’s only 10 people out of 1,000, it also reflects a doubling of the statistic when compared to 1980.

So older people are getting divorced at a higher rate, and the population has only grown since then. gray divorce is a significant part of the divorce world, and people need to be aware of what kind of issues and matters need to be dealt with when you get a divorce at an older age.

Asset management and division is crucial. With so many assets that have been built up over lifetimes, these things are far more valuable at an older age than when you are younger. 401(k) plans, retirement accounts, other financial entities: these become massive assets in a gray divorce.

At the same time, your estate plan is an important part of a gray divorce. The many aspects that make up your estate plan — such as wills, trusts and life insurance — need to be amended and prepared for your post-divorce life.

Source: Vanguard, “How to deal with the financial challenges of late-life divorce,” Susan Brown, Accessed Oct. 9, 2014

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