Divorce is Hard on Earth

Divorce is hard on everyone involved, including planet Earth. A recent study by researchers at Michigan State University’s Department of Fisheries and Wildlife asserts, basically, “divorce is bad for the planet.”
Researchers Jianguo Liu and Eunice Yu really didn’t reveal anything that is too surprising once considered objectively.

Basically, the report notes that as families transition from one home to two households following divorce, more resources are sapped from the natural environment. In other words, divorces require the building of more homes, the use of more land, and the need for more building materials. Moreover, after a divorce, households do not consume resources as efficiently. With fewer people living in a home following divorce and other family members transplanted somewhere else, more electricity and water is used, more goods consumed, and more greenhouse gases emitted on a per capita basis.

Liu and Yu conclude that six million more homes existed in the United States circa 2000 because of divorce. Assuming that the “resource-use efficiency” of divorced households was comparable to that of married households, Liu and Yu found that divorced households could have saved 38 million rooms, 73 billion kilowatt-hours of electricity and 627 billion gallons of water in 2005 alone.

While it is hard to imagine a soon-to-be divorced person thinking about how his divorce is going to affect the planet when he or she may already be worrying about issues, this message still has much relevance.
While divorce may not always be ideal, it can be necessary in some instances. And while divorces drain more resources, they can also bring on much-needed, positive changes in the lives of those directly involved. It’s unfortunate how this “divorce is bad for the planet” assertion seemed to be what most media took from this report when the message that families need to do a better job of conserving resources following divorce could have been a great starting point to explain how they could actually do so.

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The Divorce Party

Many man and woman memorialize their passage back to the single life with a divorce party. The protocols for these parties vary, but one source offers these tips for the perfect bash:

> Wait until the divorce is final.

> Make sure your kids are out of the house. 


> Don’t schedule anything important for the next day. 


> Invite anyone who has stood by you through the divorce, including your divorce lawyer
.

> Avoid inviting anyone who might think less of you if they see you in party mode.

> Consider inviting your ex-spouse, as long as you have divorced amicably.

> Keep the mood light and happy and focused on the future; don’t dwell on the negative. 


> Plan to watch divorce themed movies like the First Wives Club, Le Divorce, War of the Roses, or Waiting to Exhale
.

> Consider a “burning of the marriage license” ceremony. 


> Don’t do anything you will regret, like bad-mouthing your former spouse, burning mementos that may be important to your children, or becoming too intoxicated.

Although divorce is often times a necessary evil, a divorce party may be a way to put a positive spin on an otherwise negative situation. Many couples who have children together remain friends after the divorce. This can help children deal with the dislocation and pain of a divorce.

While some people may see a divorce party as being distasteful, it is really just a way to come to terms with a difficult situation and move forward. There is no sense in dwelling on a past negative relationship. Divorce is never easy, but a divorce party, like a wake, helps people understand that divorce is a part of life and shows them that they have the support of their friends in moving on.

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Divorce and Taxes

Divorce complicates life, particularly when there are children. One particular area complicated by divorce is the filing of taxes. The increasing complexity of divorce agreements has made determining what each spouse owes the IRS more complicated than ever. Here are five tips to help recently divorced couples with the filing of their taxes:

> The calendar year will determines marriage status. A divorce finalized in the 2011 calendar year means the spouses can file jointly for 2010 taxes. A divorce finalized at any point during the 2010 calendar means the couple cannot file as a married couple – even if they spent the majority of the year married.

> Paying taxes on the house. The spouse who gets the house may end up owing taxes on it since capital gains taxes apply to the recently divorced. In general, a married couple will not have to pay capital gains taxes on their primary residence if the gain is less than $500,000. However, the newly single person who sells the house as a single person pays on the gain over $250,000. Therefore, if the house appreciated by more than $250,000, he or she ends up owing if it is sold.

> Joint custody doesn’t necessarily permit the custodial parent claim the kids as dependants. Custody arrangements are becoming increasingly complicated, as more and more parents are getting creative with these agreements. A parent designated as the custodial parent by court order can claim the children as dependents. However, such an order often does not exist. In these cases, the parent who has custody for the majority of time is generally considered the custodial parent. In cases where custody is 50/50, only one parent will be able to claim the same child as a dependent. Parents of more than one child can split the dependency of the children so that each receives the tax benefits. Parents of only children sometimes switch off years, so that each receives the tax benefits every other year.

> Spousal support gives the payor a tax break. In most cases, paying alimony reduces taxes. However, these payments must be mandated by a written separation or divorce agreement, and they cannot be considered child support.

> No tax breaks on child support. While spousal support is considered tax deductable, child support is not. This is something to consider when apportioning values for spousal support and child support.

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Divorcing Outside the United States

Divorcing someone who lives outside the United States can be done, but it may add complications that make it more difficult than a purely domestic divorce.

Each state has its own divorce laws, and each state maintains jurisdiction over all divorces in that state. State courts enter divorce decrees for any marriage that meets the legal requirements, which includes divorces for couples where one spouse lives in another country.

Each state’s divorce laws are different, but all require that at least one spouse meets the residency requirement. As long as one spouse resides in a state, either spouse can file for divorce there, even if one lives outside the country.

In domestic or international divorces, of course, the easiest route is an uncontested divorce. The filing spouse drafts and files a petition. In some jurisdictions, joint filing makes this step even easier, particularly when one spouse lives outside the state or the nation because he or she will not have to appear at a hearing. State laws differ, but as long as both spouses agree to all the terms of divorce, filing jointly is the best way to go.

Divorces are lawsuits, so the petitioner must always give notice to the respondent. This is called service of process. Filing jointly also eliminates the need for service of process. If joint filing is not possible, the respondent spouse an always waive service of process.

If the location of the spouse is not known, the petitioner may ask the court for permission for service through publication, which normally means serving divorce papers by publishing notice in a newspaper.

Needless to say, a spouse living abroad who objects to the divorce filed in the United States undoubtedly can use geography to his advantage. A contested divorce under these circumstances demands the advice of an attorney.

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A Dog Award in a Divorce

A Maryland judge, in what is believed to be a first (and what may be an indication of things to come in family court) – has awarded
joint custody of a dog to its owners in a divorce case. Craig and Gayle Myers will now spend six months each with Lucky, a Shih Tzu mix they adopted during their eight-year, childless marriage. The couple considers Lucky to be the closest thing to children, and retired Maryland Circuit Judge Graydon S. McKee II apparently agrees.

Judge McKee said that even though dogs are considered property in Maryland, like every other state in the U.S., “I really don’t think a dog is like a couch.”

According to the American Academy of Matrimonial Lawyers, pet custody disputes are steadily increasing. AAML president Marlene Eskind Moses says this trend could add to the congestion in the country’s family law courts, but she understands how important pets are to people, especially when they are experiencing so many other feelings of loss during a divorce.

A California-based animal rights group, the Animal Legal Defense Fund, is petitioning Congress for federal legislation to protect animal rights, including the right to have their interests represented in court and protected by law.

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Lack of Intimacy Cited for Seniors Divorce

The main reason for divorce among 1,000 over-50 United Kingdom residents is a lack of intimacy. One-third of the men claimed their spouses were no longer interested in sex, and a little more than a quarter of the woman said their partner become emotionally cold.

The survey also found that 14 percent say that nagging was responsible For their divorce, and 10 percent said they no longer had anything in common with their partners. Five percent of those surveyed said they had waited until later in life to divorce because of their children.

Researchers believe that older couples divorce for different reasons than younger couples. Once their children have left home and they are nearing the age of retirement, intimacy becomes a more important attribute in their choice of partner for their later years. In addition, women begin to see more opportunities for themselves that may not have been there when they were first married or occupied with raising children.

Relationship experts said that couples over-50 need to work harder at rebuilding their relationships after the children have left home to minimize the risk of divorce.

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No One Wants the House

The Sunshine State, with one of the highest foreclosure and mortgage delinquency rates in the nation, now finds that many divorcing Floridians no longer argue about who gets to keep the house, but rather about who has to keep the house.

Many divorcing Florida homeowners now face the possibility of being tied together not because of the children but because of the negative equity in their houses. Married or not, from a lender’s perspective, both spouses are still responsible for the loan they made during the happier times. Many homeowners now find they cannot qualify for a mortgage modification or refinance on his or her own.

Spouses should remember that signing over the property via a quitclaim is not enough to absolve them of the responsibility for the mortgage and the note. And even if there is some equity still remaining, divorcing spouses will likely find it difficult to get at it when dividing assets. One spouse may find it necessary to “reimburse” the other over time as part of a divorce agreement.

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Attending the Divorce Hearing

If a hearing is required it is the last step in the divorce, and usually the legal end of the marriage. At the divorce hearing, the judge grants the divorce, and after the hearing, the court issues a divorce decree or judgment in the mail.

In an uncontested divorce, the divorce hearing is a formality at which the judge reviews all the divorce paperwork and asks a few perfunctory and easily answered questions. Due to the simplicity of this type of hearing, it is often not even required. If it is required, the hearing finalizes the terms and conditions of the divorce — the division of property, child custody, support and visitation, alimony payments. In uncontested actions, the spouses have already discussed the issues so they are prepared for the final hearing.

Some jurisdictions require both the filing and responding spouse to attend the divorce hearing. In other jurisdictions, only the filing spouse must attend. In some jurisdictions, when the couple files for divorce jointly, neither spouse must attend.

In contested cases, before a divorce comes to a final hearing, numerous shorter hearings resolve emergency issues, such as child custody pending the trial. Hearings also address legal issues that arise. These hearings, which are often procedural, may result in temporary orders that remain in effect on the end of the divorce.

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Foreign Divorce Decrees

According to the Nolo’s Plain-English Law Dictionary, a foreign divorce is one “obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.”

Generally, American courts and jurisdictions recognize foreign divorces on the basis of what is known as comity– the respect a court in one country gives to the other country’s laws and judicial decisions, if both spouses received adequate notice. Adequate notice usually means that one of the spouses was living in the foreign country at the time of divorce and the spouse that was living in the United States received service of process, which is the formal delivery of legal notice of the divorce proceeding.

People often seek foreign divorces because such actions sometimes can be done more rapidly than in the United States and because the terms and conditions (property division and alimony) are more favorable to the petitioner.

In the event a dispute about the legitimacy of a foreign divorce, a state court considers where the spouses live and whether the defendant spouse received adequate notice. If either party was living in the foreign country, then a state court normally recognizes a foreign divorce; however, if neither spouse was living in the foreign country when the court of the foreign country granted the divorce, then it is not entitled to recognition. Moreover, if the defendant does not receive adequate notice (the application for the foreign divorce and the hearing), then the court will not recognize the foreign judgment of divorce. The American court is much more likely to recognize the foreign judgment divorce when the defendant spouse receives timely notice of the application for divorce and for the hearings.

Care should be exercised when undertaking a foreign divorce. For example, divorces in the Dominican Republic may not be recognized in all jurisdictions in the United States or Canada. The Dominican Republic offers an overnight uncontested divorce that is popular with people who wish to end a marriage quickly. As part of the procedure, the petitioner receives a certified copy of the divorce Decree, authenticated by the office of the attorney general of the Dominican Republics and the Foreign Relations Ministry as well as the embassy or consulate and by the Embassy of the parties’ country of residence, with a translation into English or French. This is very important if the decree is later contested.

Before undertaking a Dominican divorce, a legal opinion should be sought about its validity in their place of residence. Many jurisdictions have upheld Dominican divorces, but courts in other jurisdictions either have not had the opportunity to rule on the matter or consider them invalid. In the United States, for example, the states of California, Louisiana, Massachusetts, Nebraska, New Hampshire, New Jersey, New Mexico, North Dakota, Ohio, Pennsylvania, Rhode Island, South Carolina, and Wisconsin regard Dominican divorces as invalid based on existing statutes or controlling case law.

Most lawyers advise that the recipient of a foreign divorce review it with an attorney.

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The Las Vegas Divorce

Nevada leads the nation in divorces per capita, and the divorce Mecca of the Silver State is Las Vegas, Clark County. Nevada’s liberal divorce laws – particularly its six-week residency law – have made divorce a growth industry in the sin, sun and sand of the desert.

A spouse can establish a legal residency in Nevada and six weeks later file for a no fault divorce based on incompatibility or living separate and apart. The action can be filed in the county in which either spouse resides or the county in which both spouses lived together prior to separation or the county in which the cause of the divorce took place.

Nevada requires a divorce petitioner to have been a resident of Clark County for at least six weeks, a change makes it impossible for residents outside of Clark County to come to Las Vegas for a quick divorce, as was once the case. After filing, the petitioner needs to wait six additional weeks in addition to the six weeks to establish residency — a “cooling-off period.”



Most jurisdictions have longer residency requirements, usually 90 days to six months or longer. In Nevada, spouses who are willing and ready to move on, uncontested, can divorce less expensively and more rapidly.
Of course, the least expensive divorces occur when both parties want to end the marriage and agree on all issues.

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