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Domestic Violence

Rice Suspended for Video Documenting Domestic Violence

Ray Rice was let go by the Baltimore Ravens and suspended indefinitely from he NFL after the video documenting a violent display of domestic violence was released. The video plainly shows the running back punching out his then-fiancee in an elevator.

The Video

The grainy video shows Rice and fiancee, now wife, Janay Palmer riding in an elevator in an Atlantic City casino. Both Palmer and Rice hit one another before Rice punches Palmer off her feet and down into the elevator’s railing. A video released prior to this one showed Rice dragging Palmer, from the elevator at the Revel casino.

The Associated Press reported it had viewed a higher-quality version of the video that had been provided to them by a law enforcement official. Rice and Palmer could be heard shouting obscenities at each other in that version of the video. According to the AP, after Palmer collapses, Rice then drags her out of the elevator. Once outside the elevator, the couple is met by a member of the hotel staff who asks, “She’s drunk, right?” And then, “No cops.” Rice does not respond.

Termination

The Ravens said they never saw the new video released by TMZ Sports. But hours later, after seeing it they sent out a one-sentence statement: “The Baltimore Ravens terminated the contract of RB Ray Rice this afternoon.”

Previous Decisions

In July, the NFL suspended Rice for two games for domestic violence. The lack of severity of the punishment received widespread criticism.

“We requested from law enforcement any and all information about the incident, including the video from inside the elevator,” NFL spokesman Greg Aiello said. “That video was not made available to us and no one in our office has seen it until today.” The decision was a unanimous one that came following a brief meeting called by franchise owner Steve Bisciotti. According to a close source, that meeting also involved general manager Ozzie Newsome, coach John Harbaugh and team president Dick Cass. “We hadn’t seen the video,” the source said. “The video changes the perspective.”

“The video is really all the information I’ve seen. I did learn on the way over to the facility about Mr. Rice being released, and have not yet talked to Roger [Goodell] about any other discipline,” said executive director of the NFL Players Association, DeMaurice Smith said. “I did hear that [Rice had been suspended], but I tend to rely on the Commissioner and learning all the facts first-hand. That’s what we’ll do, and once we know what those facts are, that will dictate our next steps.”

No $$$ for Rice

Rice had three years remaining on his contract with the Ravens.  $4 million this season, $3 million next season, and $3 million in 2016. The Ravens will not owe Rice any money as a result of this decision. Rice’s salary-cap number lowers later on this season from $8.75 million to $4.75 million. Next season, Rice would have still been on the Ravens’ cap for $9.5 million of dead money.

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ESPN, Ray Rice cut, then suspended by NFL, September 9, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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Divorce Family Law

Can You Do DIY Divorce?

Yes, you can file your divorce and complete the process without the help of an attorney. But before you decide that you can do your divorce on your own, you might want to consider these tips.

Good Candidate?

Are you a good candidate for a do-it-yourself divorce? If you meet the following requirements, you might be:

  1. You and your spouse agree on all issues such as division of property, custody, and any necessary support such as child or spousal support.
  2. You’re satisfied that you have complete information regarding your family’s assets and debts. The assets and debts are fairly simple.
  3. You are comfortable with the arrangements you have made regarding custody and support, as well as shared parenting time. Basically, you feel the settlement you and your spouse have come to is fair and reasonable.

Time and Patience

Another thing you will need to consider when considering a do-it-yourself divorce is if you have the time to research California’s state law, as well as gather all the necessary documentation. Will you also be able to follow through with the court filings and appearances. You will also need to be patient to deal with the emotions that might come into play once you file a divorce – even if you and your spouse are in complete agreement. Often times, this is where mediation can help you sort through any issues you might have regarding the divorce.

Consider Mediation

If you and your spouse find there are still some issues standing between you and the do-it-yourself divorce, you don’t have to rule it out just because of those issues. You might just need a divorce mediator to bring closure to those issues that are still causing grief. A mediator will be able to work with both sides to help you get to an agreement.

Last Considerations

While a do-it-yourself divorce might be the answer for you, you’ll also want to consider some other things – like consulting an accountant for any potential tax issues, or if there are any unresolved anger or deception that you might need to protect yourself from. You’ll want to be 100 percent positive going into the divorce that you will not need to seek an attorney’s help later on. But have no fear if you do decide that. An attorney can help ease any issues you and your spouse are having.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Divorce Net, Do-It-Yourself Divorce: Ten Tips, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Divorce and Moving Out of State

After you’ve decided to divorce from your ex-spouse you may decide you want to move states to get a fresh start. Wondering if you can leave the state before filing for divorce? Or if it would be better if you waited for the divorce to be finalized before moving? Here are some answers for you!

Establishing Jurisdiction

Before a state can grant a divorce, it needs to establish jurisdiction over both spouses. Jurisdiction gives the state a right to decide issues between the two spouses. The petition/complaint that is filed when you “file for divorce” attests to the fact that you meet requirements of residency. This agreement gives the state jurisdiction of you. And when you serve your soon to be ex-spouse with a copy of the petition/complaint, the state also gains jurisdiction over him or her. Once this jurisdiction is established you can leave the state – either temporarily or permanently. The exception to this is if you have children.

California Residency Requirement

You must meet a state’s particular residency requirement at the time you file a complaint/petition for divorce. In California a judgment of dissolution of marriage cannot be entered into unless one of the spouses has been a resident of the state for six months, and of the county in which the proceeding is filed for three months, prior to the filing of the petition. For the purpose of dissolution of marriage, the husband and wife may each have a separate domicile or residence, depending upon proof of the fact and not upon legal presumptions.

The exact time period depends on individual state laws; however the time must usually be continuous. So if you are living in a state that has a three-month requirement, you are not able to live there for two months, leave for a month, then return for a month, and then file for divorce. But once you have already filed, stating your requirements of residency, jurisdiction requirements over you are satisfied. That means you don’t have to stay once the paperwork is filed.

Considerations

It’s important to remember that most divorces usually involve court appearances. Some states might also require that mediation has happened in an effort to resolve issues prior to filing. You’ll want to avoid having to return to the state in which you’ve filed to finalize your divorce. So if it’s a fairly straight-forward divorce, you might consider staying in the state until it’s finalized.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Legal Zoom, Leaving the State After Filing for Divorce, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence

Another Domestic Violence Case for the NFL

NFL Commissioner Roger Goodell has recently informed team owners that there will be an increase in league penalties for proven instances of domestic violence or sexual assault. This is in light of yet another player being added to the list of domestic violence cases that have rocked the NFL. The debate is how these players should be handled, and if these cases need to be addressed under the disciplinary system.

Quince Enunwa

Quincy Enunwa, 22, wide receiver and practice squad player with the New York Jets, was recently arrested in Florham Park, N.J., while staying at the Wyndham Hamilton Park Hotel. He was taken to police headquarters where he was charged for simple assault following an alleged domestic violence dispute with his girlfriend. He was released on his own recognizance pending further court action.

“…take very seriously…”

“This is something we take very seriously, obviously, and we’re aware of it. And again, I’m not going to comment further on details or anything else because it is a pending legal matter,” said Jets Coach Rex Ryan at a post-practice press conference. Ryan was asked if he felt the same way that San Francisco 49ers Coach Jim Harbaugh does. Recently Harbaugh said he would not have a player who had been convicted of domestic violence on his team. Ryan responded, “There’s different things, but obviously there’s a big difference from being charged, allegedly charged, whatever and convicted. So again, I’m not going to get into what ifs or anything like that.”

Personal Conduct Policy

Recently Goodell sent team owners a letter declaring that under the NFL’s personal conduct policy a first time domestic violence or sexual assault offense would merit a six-game suspension. A second offense would merit an indefinite suspension of at least a year.

“These steps are based on a clear, simple principle: domestic violence and sexual assault are wrong. They are illegal,” Goodell wrote. “They have no place in the NFL and are unacceptable in any way, under any circumstances. That has been and remains our policy.”

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: USA Today, NFL has another case of alleged domestic violence, September 4, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law Spousal Support

Paying Alimony to an Accused Murderer

Having to pay alimony to an ex-spouse can be one of life’s frustrating situations. It’s often an obligation that people just have to grin-and-bear. But for one Utah woman, it’s so much more than an annoyance. For her it means paying alimony to an ex-husband that has been accused of murdering her new husband.

Joy Sidwell

Joy Sidwell of Lindon, Utah, recently asked a judge to allow her stop making the monthly $500 alimony payments to her ex-spouse, Fred Lee. Lee allegedly killed Sidwell’s new husband, Mike Sidwell, in July. According to authorities, Lee, 59, is being held in the Utah County Jail on aggravated murder charges, among others.

Fred Lee

According to court documents, Lee told police he was searching for Sidwell “to kill her,” on July 3. Reportedly, he then entered the Sidwell home searching for his ex-wife, but shot and killed her current husband, Mike Sidwell. “My grandson called me and said, ‘Call [Mike] and tell him we saw grandpa [Fred] hiding behind the van.’ But it was too late, he had already been shot. It’s been a nightmare,” Joy Sidwell said.

Alimony Obstacle

Sidwell had filed stalking complaints against Lee in 2005 and 2007. She also had protective orders issued for him. She feels this issue of alimony is another obstacle in the legal system. “It should be a simple thing. I shouldn’t even have to go to court to do it,” Sidwell said. “They should just see that.” According to Sidwell, Utah State Court Commissioner Thomas Patton told her she is over-reaching. “But I’m like, ‘You don’t know how this guy [Fred Lee] thinks,’” she said. Lee has been awarded alimony due to a head injury that prevented him from working, Sidwell said.

Utah Law

While Utah law does not address unusual situations like this, the government website does reference how the role of material changes with modifying alimony payments. According to Utah state law, “if there are substantial material changes in circumstances not foreseeable at the time of divorce, either party may petition the court for an order modifying alimony. However, the court may not modify alimony to address needs of the recipient that did not exist at the time the decree was entered, unless there are special reasons for doing so.”

Sidwell has plans to return to court on Sept. 15 to petition for the alimony payments to be stopped. Lee will legally be allowed to contest her petition.

 

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC News, Woman Pleads to Stop Alimony Paid to Ex-Husband Accused of Killing New Husband, August 26, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Support Divorce Family Law Spousal Support

The Problem with Alimony

Alimony, also called “spousal maintenance,” is the legal obligation a person has to provide financial support to his or her spouse. This can be claimed either before or after a divorce. Alimony used to be considered a legal right of the spouse that was wronger in the divorce. New no-fault divorce laws have made alimony a conditional legal right that is based on various statutory factors and case laws. But alimony can be a tricky thing, mostly because economically speaking, divorces spouses are not equal. Typically the two spouses have different earnings and earnings potentials. Because of this fact, it falls to family courts to determine and rectify economic inequality that ultimately comes when two people decide to divorce.

No Set Formula

Unlike child support, there are no general standards or formulas for a court to determine the amount and terms of alimony. Because of that, cases that have similar facts and bases have very different outcomes. Alimony also tends to prolong divorces, and nearly 80% of divorces come with a request for alimony modification. Since alimony is so widespread, and since there is so much variance in the rulings, there is an underlying belief that alimony needs to be fixed, and that uniform standards and formulas should be created.

The Problem with a Formula

While a formulaic approach to alimony might sound like a good idea, it’s important to remember just how there is not a “one size fits all” answer for marriages that differ by type, socio-economic reasons, as well as just the facts of a marriage. A simple calculation might be too easy to supplement when full merit of a nonworking spouse’s worth needs to be taken into account. An example of this is the idea that if alimony duration is determined by length of marriage, a woman who falls victim to domestic abuse will face impossible decisions like “should I stay in this marriage until I meet a certain cut-off date for support?”

Re-Focus

Rather than looking for a one-size fits all, it might be best to encourage equal economic allocations and financial control during the marriage, or during the combining of a couple’s finances. Postnuptials and prenuptial agreements should be discussed more thoroughly, as should estate plans that provide for trustees and third-party wealth administrators. Essentially, some financial planning should be done during a divorce, so that the burden of deciding on a person’s finances after a divorce no longer completely falls to a judge or a court.

For advice on alimony, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Time.com, Alimony Is Broken — But Let’s Not Fix It, September 1, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law High Net-Worth Divorce

The Hamm Divorce

May 18, 2012 – Jane Doe files for divorce from John Doe, claiming allegations of cheating. Might seem routine. Except for when the Jane Doe and John Doe were revealed to be Sue Ann Hamm and Harold Hamm, the founder, chairmen, and CEO of the multi-billion oil and gas company Continental Resources, Inc.

Large Amounts of $$$ at Stake

The divorce, being worked out now, with nearly $17 billion at stake, could go down as the most expensive and financially complex divorces in U.S. history. Most of the wealth was accumulated during the couple’s 26 years of marriage.

Sue Ann Hamm is a former lawyer for Continental. Harold Hamm owns two thirds of the company’s stock. If she wins what she is seeking – somewhere between 3 and 6 billion – she would instantly become one of the richest women – in the world.

Already Timely

While most divorce trials last a day or two, this one has already breached its fourth week (of an estimated nine). The case has raised questions regarding information a publicly traded company should be forced to disclose when one of its leaders goes through a divorce. According to legal experts, while the couples personal and professional history play a part in the decision, so does the price of Continental’s stock.

According to financial and legal analysts, a $3 billion award to Sue Ann Hamm would likely mean Harold Hamm would need to sell a large amount of his own company stock to be able to cover the judgment. As a result of this, Harold Hamm would no longer be the largest stock holder in the company.

“You can make a strong argument that because the future control of the company is in jeopardy because of this divorce, it should have been disclosed,” said Toby Galloway, partner at Kelly Hart & Hallman.

No Prenuptial Agreement

While the couple did not sign a prenuptial agreement, under Oklahoma law, Harold Hamm is allowed to keep everything he had during the time of the couple’s marriage. This includes 122 million shares of Continental stock. But according to family law lawyers familiar with Oklahoma law, Sue Hamm has a legal claim to any increases in the value of stock or any other assets if her actions during the past 26 years contributed to those increases.

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: Dallas Morning News, Could a CEO’s divorce materially affect a company’s future? September 1, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Divorce Family Law

Men’s Height Linked to Divorce?

A new study might have found a link between a man’s height and divorce. The study took a closer look at how being “tall” or “short” may impact the success of a man’s marriage.

The Study

The study, conducted by sociologists from NYU analyzed data from the Panel Study of Income Dynamics (PSID). Since 1986 this study has recorded information on the same 4,500 families. Researchers analyzed this data from the first year height was recorded (in 1986) through 2011, in order to determine if a man’s height has any impact on relationship dynamics. Researchers also measured differences in income, education, and height between married spouses. An example of this is, in 1986, 92.7 percent of the men studied were taller than their spouses. And in 2009, 92.2 percent of the men studied were taller.

Short, Average, Tall

“Short” was defined in the study as being less than 66” in 1986 and less than 67” in 2009. “Average” or “tall” was defined in the study as being more than 73” in 1986 and more than 74” in 2009. Researchers found striking differences between the relationships of short men and the relationships of tall men.

Short Men

It was discovered that short men were found to marry later on in life and were 32 percent less likely to divorce. This could be because of marrying later on in life due to a decision to marry later, or because they didn’t have any option to marry sooner. They also often chose less educated and younger women as spouses. And after they were married, they were shown to do less of the housework. When compared to their spouse, they earned a much higher income. Researchers hypothesis that because height is typically related to masculinity, short men often rely on other aspects (other than height) to demonstrate manliness.

Tall Men

Tall men, according to the study, marry sooner in life and were more at risk for divorces later on. But it was also shown that tall men married women closer to their age, who were also better-educated. When it comes to the “why?” researchers wrote, “From the perspective of relationship exchange models, this indicates that the tallest men exchange their attractive attribute (height) for better-educated spouses, while short men are unable to do so.”

This data, of course, does not apply to all couples, and as the researchers went on to explain in the paper, “Marriage and divorce have implications for socioeconomic stratification and asset accumulation, our observed effects suggest that men’s height may indirectly affect their economic status and socioeconomic mobility through these demographic processes.”

 

For advice on divorce, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: The Huffington Post, New Study Reveals Interesting Link Between Men’s Height and Divorce, August 28, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Domestic Violence Family Law

Domestic Violence and the NFL

Ray Rice, a running back for the Ravens will be sitting out two games for charges of domestic violence.  Yet, a positive test for marijuana means Browns wide receiver Josh Gordon, will be sitting out for a full season. The contrast between the two seems a little off.

Too Lenient

Critics of the NFL’s arbitrary policy toward domestic violence feel it’s time the league starts cracking down harder on players who hurt women. These critics include three members of Congress who have written to  NFL Commissioner Roger Goodell to ask for reconsideration of Rice’s suspension. Meanwhile, numerous women and family advocate groups have voiced their opinions that the penalty is too lenient. While no moves have been taken, a source close to the NFL says the league plans on looking into increasing the punishments it hands down for players involved in domestic violence disputes.

Set Penalties

The NFL has set guidelines regarding penalties for use of illegal and performance-enhancing drugs that it outlined alongside the NFL Players Association. But domestic violence, which falls under the umbrella of personal conduct, is a topic left to the discretion of the commissioner. According to Judy Harris Kluger, executive director of Sanctuary for Families, while the NFL’s personal code of conducted does not tolerate domestic violence, it looks like the league did not follow its own code of conduct when it took to outlining Rice’s punishment.  “It boggles the mind that they did not act in a way that … sent a message that this is more serious,” said Kluger.

Not a New Issue

But according to USA Today’s NFL Arrests Database, this is not a new topic for the NFL. 77 players have been involved in 85 domestic violence charges since January 2000. Only six have been cut by their teams. According to Goodell, the league should not just “make up the discipline,” and will need to be consistent. He also defended Rice – saying he took responsibility and had not been in trouble previously. He went on to emphasize that Rice’s punishment was for a first offense.

 

For advice on domestic violence, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: ABC, Experts Want to See NFL Act on Domestic Violence, August 27, 2014

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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