It is a common misconception that prenuptial agreements are for the very wealthy, but that is not always true. There are numerous reasons to enter into a prenuptial agreement even if you do not have substantial pre-marital assets to protect.
A recent Supreme Court ruling in Chafin v. Chafin sets the stage for future custody battles where one parent is not a U.S. citizen. In Chafin, the wife is a citizen of the United Kingdom and the husband is a U.S. citizen and a sergeant in the U.S. army. When Mr. Chafin returned from a tour in Afghanistan in early 2010, he was relocated to Alabama. Ms. Chafin had been residing in Scotland with the couple’s minor child while Mr. Chafin was deployed. Soon after returning, he filed for divorce in Alabama state court.
In today’s digital age, smart phones, iPads, laptops and cloud computing have become part of the vernacular. Part of the allure of these devices is the ability to synchronize them and access data such as email and calendars. Cloud storage allows you to also access text messages and other data that is stored in the devices and then uploaded into the virtual “cloud” for easy access from any computer. When you are going through a divorce, the fact that so much information is accessible through so many different ways may allow your soon-to-be ex to access personal information about you, including your activities and where you are right this minute! Let’s look at some of the technological traps to beware of when going through a divorce:
As the holiday season draws upon us, many look forward to the opportunity to spend time with family and friends. Whether you are with your own family, or your in-laws, inevitably, the time off from work this time of year allows us to evaluate our relationships with those you love and those you don’t – at least anymore.
With the advent of iCloud and shared family devices, such as laptops and iPads, family law practitioners are seeing how divorcing couples can use these technological advances in divorce proceedings. While most of the activities I have encountered have been outside the courtroom by embittered spouses seeking to harass each other, your clients online activities can impact the court proceeding; including decisions relating to child custody, time-sharing and property distribution.