For regular folks, divorce is mostly won or lost in the courtroom, or in legal proceedings. But for celebrities, it’s a completely different playing field. As some of the high-profile divorce cases from 2015 demonstrate, it can be mostly about perceived image, and it can appear to be highly orchestrated.
Take the case of Ben Affleck and Jennifer Garner. Though both parties repeatedly claimed that they had nothing to report and supposedly asked reporters to “respect their privacy,” they routinely appeared in public with their children in situations where they knew they would get press coverage. In fact, inside sources say that they intentionally collaborated with gossip magazine sources. Most believe that People Magazine intentionally downplayed early signs of trouble in exchange for the exclusive right to be the first to go public with the news.
With the divorce of country music stars Blake Shelton and Miranda Lambert, both had press agents who continually released information to various rumor mills, alleging infidelity by the other party. The intensity of the rumors forced Lambert’s bandmate, Chris Young, to make a public statement denying any relationship with the singer. Rumors then started, presumably fed by press agents for Lambert, that Shelton was “seeing” The Voice co-star Gwen Stefani. What better way to increase viewership at the beginning of a new season, according to many.
Even as the hubbub subsided, Shelton and Stefani added fuel to the fire by having their picture taken holding hands at a CMA Awards party. Just minutes before the CMA Awards program began, the two (Shelton and Stefani) had their press agents announce that they were dating. Since then, the two have been splashed across the gossip magazines, which insiders say is strictly for the purpose of showing that Shelton came out of the breakup on top, and that Lambert was left holding the bag.
At the law office of Chris Palermo, Esq., we bring more than 13 years of experience to men and women in divorce and family law matters, representing clients across Long Island. To learn more about our practice, see our divorce and family law page. For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.
A couple’s home is often the largest asset they own together. It stands to reason that when a marriage breaks down, deciding what to do with the home deserves careful consideration. There will be many divorce decisions.
The first thing you must understand is that New York is an equitable property division state. Equitable property division means that property is divided fairly but not always equally. When deciding property division, factors include how much each spouse contributed to their marital estate and what each spouses needs to survive once divorced.
Sale. You can sell your home and divide the proceeds.
Delayed sale. One spouse can stay in the home while raising the children and after the last child graduates high school or college, the couple can sell the home and divide the proceeds at that point.
Buyout. One spouse can pay the other spouse half of the home’s equity and continue to make mortgage payments and keep the home.
Mortgage payments. When temporarily keeping the home, the settlement can address what mortgage payments both spouses make on the co-owned home.
Taxes are also important to consider. Factors include capital gains tax exemptions, buyout tax payments, and taxes when co-owning a house and selling it later. It is wise to consult with your tax advisor and explain the financial details involved with your divorce. Your lawyers can also take taxes into consideration when negotiating a fair property division settlement.
Whatever issues you face regarding divorce decisions, Long Island divorce attorney Chris Palermo will work closely with you to address all aspects of your divorce.
It is no secret that celebrities are often put in the position of role models for the rest of society. So, when celebrity couples divorce, people take notice.
Without a doubt, the media has capitalized on celebrity divorces that were heated and painful displays of how not to divorce. Charlie Sheen’s marriages with Denise Richards and Brooke Mueller both involved allegations of domestic violence and angry communications. Their divorces were neither simple nor amicable.
In contrast, some celebrities have provided good examples of amicable divorces. The divorce between Blake Shelton and Miranda Lambert comes to mind. In a recent interview, Miranda Lambert tells fans not to pick a side because it doesn’t help anyone. She says there isn’t a side to pick anyway and explains she had a great relationship with an amazing man, so she knows what good is, and that gives her a great launching pad for the future. Aside from having great attitudes, some legal factors that helped them to divorce smoothly and quickly were the fact they had no children, had a prenuptial agreement and the waiting period in Oklahoma is short. Hours after the media announced their split, reporters discovered their divorce had already become officially final. US Magazine reported Blake as saying they only had a nine or 10 day waiting period after filing.
While not quick, the divorce between Ben Affleck and Jennifer Garner has involved communication and cooperation between the couple. They want to divorce amicably for the sake of their three children. They announced their decision to end their marriage together, rather than separately, releasing a statement that “After much thoughtful and careful consideration, we have made the difficult decision to divorce.” According to Closer Weekly, they had been separated for 10 months, but Ben was still living at the house. They made a conscious effort to save their marriage. When unable to reconcile, they also wanted to make their divorce as easy as possible for the kids. They’ve been seen running errands together and going places together since announcing their divorce plans.
For anyone considering divorce, it is important to have an effective divorce lawyer you feel comfortable with to discuss your options and work out the best approach. Based on the issues you face, your divorce will differ from someone else’s and require tailored representation. Chris Palermo is an experienced Long Island divorce lawyer who has helped numerous clients effectively deal with the difficulties of divorce.
Life goes on after divorce and this includes co-parenting. You’ll be glad to know that digital communication has made many aspects of co-parenting easier. Aside from skyping or sending text messages and emails as ways to stay in touch with your kids, there are also apps available that can help you plan and manage your schedules together.
One co-parenting application to consider is 2houses.com which helps you in various ways:
Divorce and Family Law Attorney Chris Palermo works closely with you to help your divorce go as smoothly as possible. However, he also takes great satisfaction in seeing family members get along and manage their lives well after divorce.
While it seems as though mothers typically still have an advantage in custody cases, you never know for sure how a case will go. This was true when Bode Miller and Sara McKenna both sought primary custody of their unborn child.
Olympic bronze medal winner Bode Miller and Sara McKenna met through a high-end dating service, but their relationship only lasted three months. Afterward, McKenna discovered she was pregnant. Several months later, Miller married his current wife, volleyball player Morgan Beck. (New York Times )
Miller had initially expressed no interest in parenting the unborn child. McKenna, who is a former Marine and firefighter, decided to move from California to New York to attend Columbia University on the G.I. bill. She moved when she was seven months pregnant, and the baby was born in New York. During her pregnancy, Miller sought custody of the child in a New York Family Court. He accused her of leaving California to find a sympathetic court. The NY Family Court judge agreed, reprimanding McKenna and turning the case over for California jurisdiction. A California court awarded primary custody to Miller.
The case brought up legal issues about women’s rights and whether a pregnant woman had the legal right to move. McKenna appealed the decision, and the appellate court ruled that New York had jurisdiction, not California because the child was born in New York. The appellate court also ruled that “Putative fathers have neither the right nor the ability to restrict a pregnant woman from her constitutionally protected liberty.” The New York court returned temporary custody to McKenna, which allowed her to establish residence in New York.
Child custody battles can be some of the most heart-wrenching issues for parents. Having an effective and compassionate Long Island divorce lawyer at your side, like Christ Palermo, can help you overcome the challenges and protect your rights.
Governor Andrew Cuomo recently signed Bill A7645/S5678, legislation passed by the New York legislature last summer to revamp spousal maintenance in New York. The initiative to establish new guidelines came when New York adopted no-fault divorce in 2010 (the last state in the country to legalize no-fault divorce). The legislature put temporary guidelines in place then, but promised to extensively review the statute and make permanent changes.
• Moving forward, spousal maintenance or alimony will be calculated using a formula. Under prior guidelines, the court determined it on a discretionary basis
• For purposes of employing the formula, income will be capped at $175,000, down from $524,000 under the prior guidelines
• The guidelines allow for a reduction of spousal maintenance payments for payors who are already paying child support
• Under the new provisions, the courts have some discretion to deviate from the guidelines, based on what judges determine to be unjust or inappropriate
• Under the new law, the longer the marriage, the longer the support obligation
• The new guidelines don’t consider “enhanced earning capacity” to be a marital asset in equitable distribution determinations. Accordingly, the worth of an advanced degree is no longer factored in when dividing marital property.
• Under the new guidelines, spousal maintenance ends if the recipient dies or gets remarried.
The bill retains many of the factors that the court may use to determine whether spousal maintenance is warranted, including age and health of the parties, waste of assets, and standard of living during marriage.
We offer a free initial consultation. For an appointment, send us an e-mail or call us toll free at 1-800-483-1527. We have offices located in Huntington, Hauppauge, Garden City, Babylon and New York City.
We have heard about communications on Facebook and other social media networks being used as evidence in divorce cases. We have also read about the impact of social media on relationships and divorce. However, yet another association between social media and divorce has emerged in New York.
The New York Daily News reported that a New York Judge allowed a Brooklyn woman to use Facebook to serve divorce papers.
This was a landmark ruling delivered by Manhattan Supreme Court Justice Matthew Cooper. A nurse named Ellanora Baidoo had been unable to locate her elusive husband, Victor Sena Blood-Dzraku. The judge permitted her to send a private message through Facebook to serve the husband with the divorce summons. Ellanora’s attorney would repeat the transmittal once a week for three consecutive weeks or until the husband acknowledged receipt of the summons.
The couple was from from Ghana, and the husband had participated in a civil wedding ceremony in 2009. However, he backed out of the traditional Ghanian wedding ceremony that they had also planned. The wife had wanted both families there. Their marriage was never consummated, and the husband and wife never lived together. Even so, Blood-Dzraku apparently did not want a divorce. He only kept in touch with his wife through Facebook and by phone. His whereabouts were unknown and he vacated the apartment of his last known address in 2011. When his wife spoke with him on the phone, he told her he had no permanent address or employment and refused to make himself capable of being reached. The post office had no forwarding address for him either.
Keeping up with the times, the judge’s ruling provided a solution and set a precedent for other New York divorce cases.
An experienced Long Island divorce lawyer like Chris Palermo can help you overcome the challenges involved with divorce. Work with a compassionate lawyer who can help you make the right decisions and strive for a favorable outcome.
Huntington, NY Divorce Lawyer talks about Social Media in Divorce
The cases of 14 couples and two widowers that challenged same-sex marriage bans in a variety of states came before the U.S. Supreme Court for its final decision this June. The Supreme Court addressed the issues of whether states should be compelled to perform same-sex marriages as a Fourteenth Amendment right based on due process and protection under this amendment. In addition, if not compelled to do so, the justices had to decide whether states have to honor same-sex marriages performed in other states.
In a 5-4 decision, the highest court in the United States ruled that states had to recognize same-sex marriages. CNN reported that the lead plaintiff in the case, Jim Obergefell, had married his spouse, John Astor, months before John died. They lived in Ohio, and to get married in Maryland, they flew aboard a medical jet. After John passed away, Obergefell was left fighting legal battles so he could be recognized as John’s spouse on the death certificate.
Two Detroit-area nurses who are a Michigan same-sex couple were also part of the 14 couples appealing their case to the Supreme Court. They took care of four special needs newborns, either abandoned or surrendered at birth. Because Michigan law required couples to be married to adopt, the same-sex couple was prevented from adopting the children, despite the fact they were providing them with foster care.
These are just a few examples of the combined cases that went before the Supreme Court in this decision. Although a close ruling, the Supreme Court’s finding concurred with public opinion as seen in recent polls. Polls showed that 61 percent of the U.S. population in the survey believed that same-sex couples should have the right to marry.
If you face legal issues as a same-sex couple, Chris Palermo is a compassionate and experienced Long Island divorce lawyer. He can protect your rights and is committed to obtaining a favorable case outcome on your behalf.
On May 29, 2015, Congress passed the Rape Survivor Custody Act. The new federal law assists women who become pregnant because of rape and decide to keep their babies. The law provides stronger protection against the rapist when he is claiming custody rights to the child.
According to Yahoo News , studies show approximately 25,000 to 32,000 U.S. pregnancies result annually from rape. An estimated one third or more of the women in these instances decide to raise the child.
The Rape Survivor Custody Act boosts funding to states that permit women to petition for parental rights termination of the rapist. Better funding encourages states to help women take a stance. The other change the law introduced is a lesser burden of evidence is required for proving a child was conceived through rape: clear and convincing evidence.
Previously, women did not have much chance of protection unless the rapist was found guilty in a criminal court. Because the burden of proof in criminal cases is guilt beyond a reasonable doubt, many rape cases lacked sufficient evidence for a conviction. Consequently, the rapist, who would either not be charged or convicted, could continue to harass the woman, using a claim for custody as a means of continued torment. Clear and convincing evidence is a lower burden of proof than guilty beyond a reasonable doubt because it only requires proving that it was substantially more likely than not that the rape occurred.
Chicago attorney, Shauna Prewitt began advocating better state laws for raped women after pursuing and enduring a two-year custody case against a man who raped her. She’s quoted as saying that she has seen custody cases where the rapist has told the woman that if she drops the criminal case against him, he’ll drop the custody case or agree not to pursue parental rights.
At this time, 36 states address the child custody rape issue. However, many require a criminal conviction of the rapist. Although New York does not require rape conviction, it also has no provision to terminate parental rights of a rapist. Your attorney must convince the court that the father seeking parental rights is harmful to the child.
If you have concerns about custody, discuss them with Attorney Chris Palermo. He is committed to protecting your rights and providing you with compassionate and effective legal counsel.
Parental alienation syndrome is a psychological term that means one parent is turning the children against the other parent, usually due to a divorce or child custody dispute. The syndrome manifests as the child’s denigration of the other parent, but there is no real justification for it. It results from the other parent’s indoctrination of the child and the child’s own contribution to vilifying the targeted parent.
On March 25, 2015, the New York appellate court ruled in the appeal of Halioris v. Haloris , where the father sought sole custody based on the mother’s parental alienation. The mother had appealed the lower court’s decision and requested that the appellate court review the case.
In rendering its decision, the appeals court upheld the lower court’s decision to grant the father sole custody. The court referenced several other cases, quoting previous findings that influenced the court’s decision. This statement in particular was pivotal in the case:
‘Parental alienation of a child from the other parent is “an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending parent] is unfit to act as custodial parent.” ‘
Clearly, divorce is an emotional matter for many parents, and they can lose a proper perspective when fighting for custody of their children. Even so, there are important legal guidelines to keep in mind. Parental alienation is one of them, and no matter how justified a parental may feel in alienating the child from the other parent, this type of behavior often backfires.
If you have questions about divorce or child custody issues, Chris Palermo is glad to provide you with answers and legal advice. As a Long Island divorce lawyer he is committed to protecting your rights and helping you achieve the best outcome possible.