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May 30, 2018

Kentucky states Judges must presume shared parenting plan in child custody battles.

In June, Kentucky will become the first state to require a presumption of equally shared parenting in child-custody cases even when one or more parents is opposed. While it’s common for states to prefer joint custody when both parents are amenable, Kentucky’s presumption will apply even without divorcing parents on board. This is a major breakthrough in developing a parenting plan that is often difficult and expensive to come by in family law Courts in California and across the United States.

Kentucky Gov. Matt Bevin signed the measure in April, declaring that judges must presume “that joint custody and equally shared parenting time is in the best interest of the child” in almost all divorce cases. Last year, Kentucky required the same presumption for temporary child-custody cases while divorce is pending. Again, for a state to implement such a broad and powerful message to family law courts across America and Kentucky is quite outstanding. Custody is often so tumultuous to fight in court that to add a presumption of 50/50 without any fighting in court is really setting a different type of family law custody standard now.

Exceptions exist for situations “involving an incident of domestic violence within the preceding three years” or where “there has been a domestic violence order entered” or being entered. Obviously when there is violence the joint custody presumption must be sidelined in order to keep the child safe from any potential violence or abuse.

November 28, 2017

Married At First Sight star from the Chicago season gets divorced

by Law Offices of David P. Schwarz

Married at First Sight” star Nate Duhon last week filed to divorce Sheila Downs, whom he met and married last year at the Palmer House Hilton as cameras rolled for the Lifetime network series. What is not stated about divorces is that getting married can be very easy and without any complications. However, getting divorced can be very complicated and very difficult. The fun out of the married and whats next a divorce. This is what is sounds like occurred to the couple on the Chicago season of Married at First Sight. Im not sure how well the contestants knew each other before they got married. But from the looks of it they probably did not know each other very well

Duhon, 26, cited irreconcilable differences in his Nov. 14 filing in Cook County court. Downs lives in Arlington Heights, while Duhon has moved back to his home state of Michigan, court records show. Downs and Duhon, who both did not respond to a Tribune request for comment, are the second “Married at First Sight” couple from Season 5 to split.

Apparently Duhon was not the first contestant to seek a divorce on this show as Genoa native Cody Knapek filed for divorce from Chicago dietitian Danielle DeGroot on Sept. 26. That case is expected to be heard in court Wednesday.

November 23, 2017

Angelina Jolie rejects Brad Pitt’s settlement offer for divorce

by Law Offices of David P. Schwarz

It has come to the attention of the public that the ongoing divorce saga of Brad Pitt and Angelina Jolie has made a very interesting turn on the part of the Brad Pitt. It was revealed that Pitt and Jolie have a $400 million divorce. It has become apparent that Brad Pitt has seriously tried to settle the divorce from Angelina Jolie. He does earn more than her however she does earn a substantial amount of money as well. However, during long term marriages in California both parties have to maintain the standard of living they had lived during the marriage. Therefore Brad Pitt after having consulted his lawyer probably decided to make an initial offer to Angelina in a show of good faith. However Angelina turned down Brad’s divorce settlement offer. “Brad basically told his attorney to give Angie whatever amount of money she wants to settle the divorce, even though they have a prenup,” an insider tells us, adding “he is willing to give her half” of his $250 million fortune. Having a prenuptial agreement is a strong position for Brad Pitt to be in under these circumstances where he might have earning more money than Angelina. However, I think Brad is not holding fast to a document that will dictate how his finances are disbursed during a divorce. He is definitely taking the high road. He is also thinking about how Angelina needs to live and how she lived during the marriage.

But despite his generosity, Angelina, 42, won’t take it. “Angie has rejected every single monetary settlement offer,” says the insider, adding that she’s also continued to push back on his efforts to gain more custody of their six kids, Maddox, 16, Pax, 13, Zahara, 12, Shiloh, 11, and twins Knox and Vivienne, 9. Herein lies the problem with settling the divorce. If Angelina is holding tight to keep Brad out of the children’s lives it could be a long and drawn out divorce that might not have an immediate end as to an entire divorce judgment on all issues. There might be a reservation on certain issues that will be litigated in the future if need be.

“He isn’t trying to buy Angie off and couldn’t care less about how he is perceived in the public eye when they do come to an eventual settlement,” says the insider, explaining that after weathering a child abuse investigation last year (he eventually was cleared of any wrongdoing) and publicly confessing that he’s struggled with alcohol issues for years, Brad, 53, feels he has nothing left to lose. “Brad’s motivation is first and foremost the kids,” insists the insider. “Giving Angie a substantial chunk of his fortune will give the kids the quality of life they are used to with no changes.”

November 6, 2017

divorce and science

by Law Offices of David P. Schwarz

The best time to get married is when you feel ready, and when you’ve found someone you think you can spend a lifetime with. Don’t force anything — or put it off — because a study told you to do so. There are many criteria that go into getting divorced.

That said, research does suggest that couples who marry in their teens and couples who marry in their mid-30s or later are at greater risk for divorce than couples in their late 20s and early 30s. The risk is especially high for teenage couples.

When the researcher, Alexandra Killewald, looked at heterosexual marriages that began after 1975, she learned that couples in which the husband didn’t have a full-time job had a 3.3% chance of divorcing the following year, compared to 2.5% among couples in which the husband did have a full-time job.

November 3, 2017

Homes for older children for adoptions

by Law Offices of David P. Schwarz

GREENSBORO – Children’s Home Society of North Carolina is announcing an expansion of a statewide program to find permanent homes for older children in foster care during National Adoption Month.

Children’s Home Society will also be providing the expanded child-focused recruitment program at no cost to county social services agencies across North Carolina. This is done in partnership with the Dave Thomas Foundation for Adoption, Wendy’s Wonderful Kids and the North Carolina Department of Health and Human Services Division of Social Services.

“Older youth who are adopted are more likely to finish high school, go to college, be employed and lead more stable lives than those who age out of foster care with no permanent family,” Sharon Barlow, Director of the Division of Children’s Services in Guilford County, said. “We know that being connected to a family makes a life-long difference.”

October 28, 2017

How ex spouses can still reap benefits from movie sequesl

by Law Offices of David P. Schwarz

Hollywood certainly loves iteration. But let it be said that there can never be too much of a good thing. When sequels and multiple marriages mix, things get complicated. Indeed, it’s a recipe for legal action.Take Blade Runner as an example. The original 1982 sci-fi classic about an ex-cop hunting “replicants” was co-executive produced by Bud Yorkin, best known for TV shows like All in the Family and Sanford and Son. When Blade Runner came out, he was married to Peg Yorkin. The two got divorced in 1986, and as is customary, they divided assets. A 50 percent share of Bud’s interest in Blade Runner was part of the divorce decree.So what about Blade Runner 2049, the critically acclaimed sequel now out in theaters? Is Peg getting anything? Turns out, she probably will be thanks to an arbitration award, which has now landed in open court.In 1989, Bud married a second woman — Cynthia Yorkin. In the 1990s, Bud and Cynthia became interested in selling derivative rights in Blade Runner so that a sequel could be made. To accommodate such efforts, Peg agreed to reduce her own interest in Blade Runner Derivative Holdings, Llc., from 25 percent to 15 percent. But there was a condition. If a sequel to Blade Runner came, and if a producing services agreement was entered into for this sequel by a member of Bud’s immediate family, she’d be entitled to 25 percent of any contingent compensation payable under that deal.Peg’s lawyer at the time was careful. According to court papers, to protect against a deal for a Blade Runner sequel being structured in a way that denied her benefits — i.e., cash that would have otherwise been for the purchase of derivative rights diverted to a producer’s fee — Bud and Peg agreed to a different compensation structure in the event of a producer services agreement that wasn’t “bona fide” and “customary.”That ended up coming up once Alcon Entertainment paid $11 million to purchase the derivative rights to Blade Runner and then went about getting Blade Runner 2049 made.Bud Yorkin, who died at the age of 89 in 2015, and Cynthia Yorkin (also known as Cynthia Sikes) both became producers on Blade Runner 2049. They got fixed compensation, not contingent participation, so the question arose whether their arrangements amounted to a non-customary, disguised rights payment.

October 26, 2017

Actuaries have lowest divorce rates

by Law Offices of David P. Schwarz

If you don’t want to get divorced, then you should consider a career as an actuary. The Institute for Family Studies (IFS) recently took a look at the careers with the highest and lowest divorce rates. Actuaries had the lowest divorce rate (17%) among the professions the group looked at, followed by physical scientists, life scientists, clergy, and software developers. Obviously it is difficult to determine who and why a person or couple gets divorced. Thus a statistical research on the professions that get divorced is a very possibly suspect research. On saying that it does make sense at some level that a job that is low pressure and does not demand the emotional and possibly commitment that other jobs does makes for a better home life. To make sure a relationship works it takes time and energy and commitment to the relationship.

The study found that people who make less money are in general more likely to get married—but also more likely to get divorced. Wealthier people, in general, report being in happier marriages than lower-income individuals (perhaps because they aren’t as stressed about money). Fifty-three percent of people in lower income marriages rate themselves as happy versus 70% of people in upper-class marriages. This is an interesting statistic. Ironically marriages are based mainly on splitting financial issues. Most divorces deal strictly with dividing assets. Also when money is not the topic of discussion in marriages it makes sense that the divorce rates are lower.

Of course marriage is not soley composed of financial issues but more about who the people are when they enter the marriage. The most important aspect of the relationship is how people treat each other regardless of money or anything else.

October 23, 2017

Divorce and alcohol consumption abuse

by Law Offices of David P. Schwarz

It should come as no surprise that divorce is linked to alcohol (ab)use. Research consistently shows that, compared to married people, divorced people drink more and in more harmful ways(e.g. binge drinking), are more likely to have a lifetime or recent alcohol use disorder (AUD) diagnosis, engage in more alcohol-related risky behaviors, and have higher alcohol-related mortality. The issues of divorce tend to be life altering and can permanently alter a persons future as far as relationships and children. The fight over financial support, property division and custody are so harrowing that people need a break from reality. Alcohol provides the antidote to to peoples divorce problems

Past studies have found some evidence that this link might be causal, such that alcohol abuse increases the risk of subsequent divorce. Now a recent study published in the American Journal of Psychiatry in May 2017 strengthens the evidence that link might be causal in the other direction, too: Divorce increases the risk for subsequent alcohol abuse. It seems the effect of the process of divorce can make a person suffer some sort of mental impairment that needs to get remedied. Alcohol might be the quickest and fastest way to numb the pain that results.

Based on a population-based Swedish study of almost 950,000 Swedes born between 1960 and 1990 who married in or after 1990 and who had no AUD diagnosis prior to marriage, this new study found that, after divorce, the rates of first-time AUD increased sixfold in men and over sevenfold in women. These rates remained greatly elevated even after controlling for potential confounding factors, including prior problem behavior, low parental education, and familial risk of AUD.

October 20, 2017

fast divorce

by Law Offices of David P. Schwarz

Often divorces are quite messy and full of conflict. Parties fight over the smallest of issues and create enormous adversity amongst each other during the divorce proceedings. All of this can be avoided according to the new law passed in Illinois which uses a different approach to getting divorced. It is simple, not complicated and not messy are the words Danielle Dvorak used when describing her 2009 divorce.

“It was quicker, cheaper and easier on so many levels – emotionally, mentally, spiritually and physically – than a lot of other horror stories I’ve heard,” she said.

If you’re wondering how on earth someone can talk about their divorce in such a positive way, Dvorak said she credits the divorce process she and her ex chose to use: collaborative divorce, which is an alternative to traditional litigation.

October 19, 2017

Americans are adopting more boys than girls for the first time

by Law Offices of David P. Schwarz

In an unprecedented trend for the U.S., more male children were adopted from other countries than female children by the end of 2016, a research found

This trend is largely caused by a change in patterns of adoption in China—a country from which many children are adopted. In 1999, 98 percent of children adopted from China to the U.S. were girls. In 2016, boys accounted for the majority of Chinese adoptees for the first time, albeit only 51 percent. This shows the growing trend in America that boy adoptions are ok and should be ok in the future.

This change has nothing to do with more Americans wanting boys. China has recently gotten far less strict about the one-child policy, which previously limited most families in China to one child each in order to slow the rate at which China’s population was growing. When the measure was in full effect, Chinese girls were put up for adoption in much larger numbers, according to an NPR report.