iPhone GPS app assists husband in uncovering wife's cheating

On behalf of Edwards & Associates posted in Divorce on Friday, October 28, 2011

The new iPhone may be having an impact on at least one divorce case. Recently, a suspicious husband utilized an iPhone 4S app to determine that his wife was cheating on him, and the app did confirm his suspicions.

He bought a new 4S iPhone for his wife, and loaded a "Find My Friends" app onto it. His wife later told him that she would be visiting a friend in a certain part of town. The app, however, which has a GPS function, showed him that she was actually in a different part of town, visiting a man with whom she was apparently having an affair.

The app he used is designed to assist in such things as keeping track of children, staying in touch with traveling companions, or being able to find friends in order to get together with them.

The husband had previously suspected that his wife had been meeting this other man, but had been unable to prove it. The iPhone app displays the location of an iPhone user's friends and family on an onscreen map.
The wife in this case had no idea that her husband had installed the app on her new iPhone, and therefore did not shut it off for privacy. Her husband sent texts to her at various times, and it became apparent to him that she was lying to him about her location.

Screen shots of the GPS maps of his wife's locations and of their back and forth texts could possibly be used as evidence in the divorce proceeding. However, obtaining evidence in this fashion can pose legal risks. Our readers may recall a story from last December, in which a man who accessed his wife's e-mail account in order to find out if she was having an affair faced criminal charges for doing so.

Source: The Christian Post, "iPhone 5 Release: iPhone 4S App Helps Man Catch Cheating Spouse," Fionna Agomuoh, Oct. 20, 2011

How to tell your kids about your impending divorce

On behalf of Edwards & Associates posted in Divorce on Wednesday, September 28, 2011

Telling your kids about your divorce is a highly sensitive subject and should be handled as such. No matter what the age of your child, a clear understanding on how the divorce will have no bearing in the change of feelings or love towards them is what is of most importance. It's best to decide a time to break the news to them so that should they have questions or want to discuss it, that you will be available to them.

While breaking the news of a divorce isn't an easy task, honesty and calmness are important when discussing it. It will serve no use to speak poorly of the other parent or speak poorly of the marriage in general. It can be as simple as telling a child that mom and dad are deciding to get a divorce because they can no longer live with each other.

It is important that a message of this sort is followed up and emphasized with the reassurance that both parents love their child very much and that part will never change. Assure your child the divorce has nothing to do with them, because ultimately it doesn't.

Children are smart and intuitive, and they will most likely suspect trouble far sooner than you would expect. That is why honesty is the best policy. When their fears of divorce do become confirmed, there needs to be an open line of communication. Divorce is the dissolution of a marriage, but a positive parenting structure should always remain intact.

Source: Huffington Post, "So You're Getting Divorced. How Do You Break The News To The Kids?," David Wygant, Sept. 7, 2011

Frank McCourt ordered continue alimony payments

On behalf of Edwards & Associates posted in Alimony on Friday, September 23, 2011

 

The next phase in the complex divorce trial involving Frank and Jamie McCourt, the owners of Major League Baseball's Dodgers, is not slated to take place until November. Until then, a judge ruled that Frank McCourt must continue issuing alimony payments of $225,000 per month to his ex-wife.

The couple had been married for 30 years before divorcing. The divorce became official in October of 2010, but some issues were left unresolved.

Once details are hashed out in court, the guidelines of the alimony payments and the monthly amount he owes could change. This is just one of the issues to be discussed in the proceedings, overseen by Superior Court Judge Scott Gordon, with the aid of two retired judges. Judge Gordon is devoting so many resources to the McCourts' divorce because it deals with a large amount of assets.

The trial, slated for Nov. 17, 2011, will settle any unresolved issues remaining in the divorce.
Judge Gordon also recently supervised the alimony negotiations between lawyers representing the McCourts. Frank had been requesting a reduction in the amount of alimony he needs to pay based on the fact that his income has been reduced because the Dodgers have filed for bankruptcy.

The primary focus of the pending divorce trial is the ownership of the baseball club. Jamie McCourt is claiming half a stake in the team, which she argues should be considered marital property. McCourt is lobbying for sole ownership of the team.

If the judge grants McCourt's ex-wife a share of the team, it might force McCourt to sell the franchise. The Dodgers filed for Chapter 11 bankruptcy protection back in June, and Major League Baseball is controlling the team's day-to-day operations until the matter is settled.
Until the bankruptcy process is completed, the judge is not going to make a decision on the status of the team's ownership.

Source: Reuters, "Dodgers owner to keep paying $225,000 a month to ex-wife," Alex Dobuzinskis, Sept. 14, 2011

Tags: McCourts, alimony, divorce, high-asset divorce, property division

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Many states embrace change in alimony laws

On behalf of Edwards & Associates posted in Divorce on Friday, August 26, 2011

Americans tend to have a general idea about the rate of divorce in the country, but new information gathered by the recent Census allows Americans to view divorce with a new light. According to the new Census information men and women in the South and West have higher divorce rates than men and women in other areas of the country.

According to the latest information, the general divorce rate among men and women in the United States is comparable. Divorces became final for 9.2 of every 1,000 men in the United States, and divorces became final for 9.7 of every 1,000 women. As divorces were broken down according to region the rates began to differ.

Divorces occurred at a higher rate in the South and West. In the South divorces became finalized for men at a rate of 10.2 for every 1,000 and for women at a rate of 11.1 per 1,000. Divorce rates seem to be connected to the rate of marriages in a given region. According to a family demographer at the Census Bureau, divorce rates in the South tend to be higher because marriages rates are also higher in the South. The Northeast had the lowest rate of divorces, but the rate of marriage is also lower in the region.

The report entitled, "Marital Events of Americans: 2009" is the first report to review and analyze marriage, divorce and widowhood among Americans ages 15 and older. The information used in the study was gathered from the 2009 American Community Survey. Prior studies on divorce and marriage in the United States were based on information collected from marriage and divorce certificates filed at the state level.

Source: Reuters, "More untie the knot in South, Northeast divorces least: Census," Molly O'Tolle, Aug. 25, 2011

Fathers' Rights Attorneys

Single fathers successfully lead many households in Georgia

On behalf of Edwards & Associates posted in Fathers' Rights on Thursday, July 14, 2011

Fathers play a crucial role in raising children, and data from the U.S. Census backs that up. Census data showed that Georgia fathers are taking child custody following divorces and legitimation proceedings at an increasing rate. Families led by single fathers shot up 45 percent in the recent census. Those headed up by single mothers took a 35 percent hike in the last decade.

This trend is not unique to Georgia. Since 1990, the number of single dads has shot up from 1.5 million to 2.79 million. This figure does not include the number of gay men that are raising children and cannot officially marry, thus slightly skewing the figure. However, this is also an issue involved with calculating the number of families led by single mothers.

Professionals attribute this trend to the fact that society may be bucking traditional gender roles that state men focus on work and women base their daily lives around raising children. Men are finding themselves capable of becoming the primary caregiver to their children, and not designating that role for a woman.

At the same time, a number are women are discovering that they don't need- or in some cases, necessarily want - to be the sole provider for a child when a marriage disintegrates.

The increase also speaks to the fact that Georgia courts are becoming more open to giving child custody to a man. Experts say that there is little difference between single mothers and fathers as they face similar responsibilities and time constraints.

As the census data demonstrates, the important roles fathers play is becoming increasingly recognized by Georgia courts and society as a whole.

Source: Atlanta Journal-Constitution, "More single dads in charge," Gracie Bonds Staples, 18 June 2011

Terrell Owens sued in Fulton County for child support

On behalf of Edwards & Associates posted in Child Support on Thursday, July 7, 2011

In May, we discussed how the ongoing National Football League lockout could affect athletes' child support and alimony obligations. During the lockout, most players will not be earning the same amount of income they were making at the time their support obligations were calculated. This could harm their ability to pay.

Now, we are receiving reports of just such a situation in Fulton County. Melanie Paige Smith, an ex of NFL wide receiver Terrell Owens, submitted court papers on June 20 against Owens, claiming he will not pay all the $5,000 he owes her for monthly child support.

Allegedly, financial advisers for Owens have told Smith earlier that he no longer intends on paying the full sum. Smith's attorney alleged that Owens has "failed and refused to pay the full amount of child support in June 2011." Smith's attorney has also said that Smith doesn't begrudge Owens, but would like to continue receiving the amount the couple had earlier agreed upon.

In addition to the full amount of child support, Smith is also requesting that Owens pay her attorney fees and other expenses incurred in the efforts to enforce the court's May 2007 child support order.

Meanwhile, Owens is on the mend after undergoing knee surgery. However, he is a free agent and won't be able to join a new team as long as the NFL lockout is still in effect.

The NFL lockout has put many players like Terrell Owens in a precarious situation. If they simply stop paying court ordered child support, they can be held in contempt of court, which can have serious consequences. However, there are other options available for people who have suffered an involuntary loss of income. A parent who has experienced an involuntary loss of income can request a downward modification of child support payments from a court.

If you have questions about how your child support payments are affected by the loss of a job or a loss of income, an experienced family law attorney can help you understand your legal options and defend your rights in a court of law.

Source: Associated Press, "Woman says Owens fails to pay some child support," Jeff Martin, 6/29/2011

Allen Iverson's wife rebounds divorce petition

On behalf of Edwards & Associates posted in Divorce on Thursday, June 23, 2011

When a professional athlete divorces, the divorce can be very complicated and there can be a great deal of money and assets at stake.

For the second time in 16 months, the wife of Allen Iverson has filed for divorce in Fulton County Superior Court. The ex-NBA player, who recently had a run-in with law enforcement officials in Atlanta, left his high-profile NBA position in March near the time of the first divorce petition.

Court papers declare that Tawanna Iverson first approached the courts about dissolving her marriage in March 2010, not long after her husband decided to exit the Philadelphia 76ers for the rest of the season. At the time, Allen Iverson said he had to quit the team in order to care for one his five children, who was ill.

Shortly after Allen Iverson left the 76ers, and around the same time that he had been served the first divorce papers, he was stopped by Atlanta police for a failure to signal traffic violation. Police ran a check on the 2007 Lamborghini and found that Iverson, who owned the car for two years, was still driving with the original dealer tags. Reports say Iverson became agitated and used expletives in his conversation with police.

According to Allen Iverson's lawyer, the first divorce filing, which had cited that the marriage was "irretrievably broken," had been dropped. The attorney chose not to reveal why the petition was withdrawn. Both Iverson's attorney and his wife's lawyer were close-mouthed about the reasons given by Tawanna Iverson for the second petition filing.

The former NBA star has transitioned to playing pro basketball in Turkey in the last few months, although he has let the media know that he is interested in returning to the NBA. It's uncertain whether that desire remains, in light of the new divorce petition.

Source: Atlanta Journal-Constitution, "Allen Iverson's wife re-files for divorce," Alexis Stevens, 6/15/2011