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  • Archive for August, 2011

    August 31st, 2011

    Elderly Florida Woman Fights to Keep Home after Divorce

    After spending close to 30 years in the Azaela Park house she calls home, a Florida woman is now fighting to keep from being kicked out.

    The house in question was purchased by John Ferenc in 1981 and was intended to be the place where he and his new wife, Loretta Jean, would build a life together.

    Plans were spoiled, however, when Ferenc was sent to prison for burglary, grand theft and other crimes shortly after the couple’s marriage. During Ferenc’s sentence, Loretta stayed in the house, working for the Boy Scouts of America to pay off the mortgage.

    Ferenc was released from prison in 2009 after serving a 26-year sentence. Following his release, he filed for divorce and is now using a court order to force Loretta Ferenc to vacate the house.

    Loretta Ferenc told the Orlando Sentinel that her ex-husband intends to sell the home for $41,000. The price tag would be $11,700 less than what the couple paid for the home more than three decades ago.

    According to the court order, the 72-year-old Florida woman must be out of the home by 1 p.m. Thursday.

    “I’m just sick about it,” Ferenc told the Orlando Sentinel. “I’ve got my fingers crossed.”

    Ferenc further explained that she doesn’t want to move and would prefer to hold off on selling the house until the market has recovered.

    “I know the market is down, but not down that low,” she told the newspaper. “It’s not a good time to sell property, not a good time at all. He just wants cash.”

    Part of Ferenc’s problems stem from her inability to appear at court dates or retain legal counsel until recently. Her attorney, David Osborne, filed an emergency motion to stop the woman from losing her home last week.

    The court is expected to hold a hearing on the motion, but a hearing date has not been set at this time.
    Under Florida law, marital property, such as a house, must be equitably distributed by a judge. The order issued by the court in the present case gives John Ferenc “exclusive” use of the home.

    The deed to the house is in John Ferenc’s name, and does not mention Loretta Ferenc by name anywhere in the document.

    Under the court order, John Ferenc is responsible for making repairs to the house before it is sold, and Loretta Ferenc will be expected to pay 50 percent of the repair costs. From there, the home will put up for sale through a real estate agent of John Ferenc’s choosing and the couple will split the proceeds.

    David Osborne claimed the sale of the home would unjustly benefit John Ferenc against his client’s wishes. According to Osborne, John Ferenc will allegedly return to his New York home with the proceeds while Loretta Ferenc is left homeless.

    “The respondent is simply trying to protect her home or at least have some input in how the residence is sold,” Osborne told reporters.

    Loretta Ferenc said she will move in with a friend if she is forced out of the house later this week.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 26th, 2011

    Report Shows American Divorce Rates Highest in the South, Lowest in the Northeast

    A new Census Bureau report released Thursday shows that American men and women in the South have the country’s highest divorce rates, while those in the Northeast have the lowest.

    The report, titled Marital Events of Americans: 2009, examines marriage, divorce and widowhood trends among Americans ages 15 and older. It is the first of its kind to report this information based on the data from the 2009 American Community Survey.

    Figures in the report show that 10.2 men and 11.1 women in the South had gotten a divorce in the 12 months leading up to the 2009 survey. The national divorce rate per 1,000 was 9.2 and 9.7 for men and women respectively.

    In contrast to the Southern statistics, men and women of the Northeast had divorce rates of 7.2 and 7.5 per 1,000.

    “Divorce rates tend to be higher in the South because marriage rates are also higher in the South,” said Census Bureau demographer Diana Elliot in the report’s release.

    “In the Northeast, first marriages tend to be delayed and the marriage rates are lower, meaning there are also fewer divorces.”

    Divorce rates for men and women in 2009 were significantly higher than the national average in 14 states. Many of those above average for both genders were located in the South, including Alabama, Arkansas, Georgia, Kentucky, Mississippi, Oklahoma, Tennessee and Texas.

    Divorce rates for women and men were lower than the national average in nine and ten states respectively. Northeastern states including Massachusetts, Pennsylvania, New Jersey and New York were all below the national divorce average.

    The study also found that divorce impacted the economic well-being of families.

    Children living with a divorced parent in 2009 were more likely to live in a household below the poverty level (28 percent) than other children (19 percent). Children of divorce were also more likely to live in a rented home (53 percent) than other children (36 percent).

    Divorce had a greater negative financial impact on women than it had on men. Of women divorced in the past 12 months, 22 percent were living below the poverty level, compared to 11 percent of men.

    Until recently, data on U.S. marriages and divorces were collected at the state level through marriage and divorce certificates. In 2008, questions about marital events were added to the American Community Survey that was used for the new Census Bureau report.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 24th, 2011

    A Look At Same Sex Divorces In The United States

    Same sex marriages have long been a hot-button issue for political types, and something debated in by pre-law students across the globe. However, something few people have discussed at length is the legal ramification of same sex divorces, when those marriages may have been done illegally. If you want to learn more about the law as it pertains to love, read the infographic below about same sex divorce.

    Gay Marriage and Divorce Infographic

    Embed this infographic with the code below

    Same Sex Divorces in the United States

    Currently 6 states allow same-sex couples to get married and divorced (Iowa, New York, Connecticut, Massachusetts, Vermont and New Hampshire). One state (Maryland) allows same-sex couples married elsewhere to divorce there. Two states (Washington and Oregon) have partial recognition for same-sex marriages and divorces*. Three states (California, Texas and Wyoming) partially recognize same-sex divorces**. The remaining states do not have any legal recognition of same-sex marriages or divorces.

    *Same sex marriage is legal under the laws of the Coquille Native American tribe in Oregon, and the Squamish tribe in Washington, but not by the states themselves.

    **California, Texas and Wyoming have all granted same-sex couples divorces under special circumstances since they did not have specific laws banning same-sex divorce.

    Same-sex marriage was officially banned at the federal level by the Defense of Marriage Act in 1996. Consequentially, the IRS and federal courts do not recognize disputes involving the financial complications of a same-sex divorce. Parts of DOMA have been ruled unconstitutional by the Obama Administration, which also support a new law to define federal recognition to legally married same-sex couples.

    Recently, the U.S. Justice Department has dropped its opposition to same-sex married couples filing joint bankruptcy petitions.

    Civil Unions

    In addition to the six states that allow same-sex marriage, 12 states allow for civil unions for same-sex couples: Hawaii, Washington, Oregon, California, Nevada, Colorado, Wisconsin, Illinois, Maine, Rhode Island, New Jersey and Delaware.

    The Defense of Marriage Act also prohibits the federal government from recognizing same-sex civil unions.

    Same Sex Divorce in Europe

    The Netherlands was the first country to legalize same-sex marriage on April 1, 2001. Since then, both same-sex and opposite-sex marriages have experienced an equal divorce rate of 1%.

    The Netherlands is noted for its liberal stance on many issues. It began a trend in adopting same sex marriage that many other European nations have followed, the most recent example being Portugal adopting same-sex marriage in 2010.

    The majority of Western Europe either fully or partially recognize same-sex marriage. Eastern Europe and many countries of the former Soviet Union do not allow for same-sex couples to get married.

    The UK has adopted civil partnerships for same-sex couples. Since its adoption in 2005, some 50,000 couples have formed a civil partnership. Civil partnerships increased 44% between 2009 and 2010 (353 to 509). 1.6% of Gay civil partnerships and 3.3% of Lesbian civil partnerships have ended in divorce.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 22nd, 2011

    Marriage, Divorce Causes Weight Gains among Americans

    A new report from the American Sociological Society shows that marriage transitions seem to play a significant role in affecting weight gains among American men and women.

    According to the study, men and women who marry or divorce are more likely to experience a weight gain in the two years following the event, than individuals who never marry.

    The report, authored by Ohio State University doctoral student Dmitry Tumin, examined data on more than 10,000 men and women who were surveyed annually from 1986 to 2008. By dividing the data into subsets, Tumin indentified the trend in weight gains and found that it differed among men and women.

    “Divorces for men and, to some extent, marriages for women promote weight gains that may be large enough to pose a health risk,” Tumin said in a university news release.

    Specifically, the study showed that marriage increases women’s risk of a small weight increase (up to a three-point BMI increase) by 33% and their risk of a large weight increase (BMI increase above three points) by 48%.

    Men, on the other hand, are at greatest risk of a weight increase during the years following a divorce. After divorce, men are 21% more likely to experience small weight gains.

    The trend in weight gains following marital transitions is more pronounced among individuals who marry or divorce after the age of 30. The study shows that the likelihood of weight gain increases with age from that point forward.

    Zhenchao Qian, a professor of sociology at Ohio State University who helped conduct the study, said in a university news release that the effect of marital transitions on weight in individuals aged 22 to 30 is somewhat unclear.

    Those involved with the study explained that their research only examined the two year period following a marital transition and that results may vary for the subsequent years.

    The research was presented last week during the annual meeting of the American Sociological Association in Las Vegas.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 17th, 2011

    Famous Celebrity Divorces in 2011

    Many rich, famous, celebrities get divorced every year. These divorces go against the trends seen in average divorces in America. Check out the graphic below for an inside scoop on all the celeb divorce drama.

    Divorce Information 2011

    Embed the infographic above with the HTML below

    Famous Divorces Since the Ball Dropped on 2011

    Many rich, famous celebrities get divorced every year. These divorces go against the trends seen in average divorces in America.

    A Less Common Occurrence

    Divorce has become slightly less common in the last 20 years. Marriages have also decreased.

    Marriages per 100,000 people: 82 in 2000, down to 68 in 2009.

    Divorces per 100,000 people: 48 in 1992, down to 35 in 2009.

    Not for the Wealthy

    There is a marriage gap in America. Less income is associated with increased marital problems arising in divorce.

    Got Money? Virginia Tech studied couples who started off with various amounts of money. Couples who start out with less than $1,000 to their name are dramatically more likely to divorce after 6 months, 30 months, and 54 months than couples with more saved up when they hitch up.

    Got Brains? A good education historically results in a stronger marriage.

    But They Still Split

    Even though celebrities are wealthy and many have college degrees, they still manage to get divorced like the rest of us.

    Christina Aguilera’s divorce from Jordan Bratman can in March. They have one child together. More than 1,000,000 children go through the divorce of their parents every year.

    President of Guatemala, Alvaro Colom’s divorce from wife Sandra Torres in March was actually a political move. Guatemala’s constitution forbids wives or relatives of sitting presidents to run for office. Sondra is making a play for the ballot next year.

    Actress Neve Campbell’s second divorce split her and husband John Light in May. Second marriages are more likely to fail than first marriages, and third marriages are more likely still.

    Brooke Mueller cited abuse in her divorce from actors Charlie Sheen in May. Abuse is cited by women in a whopping 80% of divorce cases.

    Maria Shriver’s divorce from Arnold Schwatzenegger in July came on the heels of revaluations that the former governor fathered a child with the maid. Twenty-five percent of women filing for divorce cite infidelity, as in fathering a child with another woman, as a reason.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 11th, 2011

    Attorney Urges Happily Married Women to Learn More about Divorce

    Forbes contributor and divorce attorney Jeff Landers raised eyebrows in a recent interview with New York City’s CBS News affiliate. During the interview, Landers made the case for why he believes happily married women should meet with a divorce financial adviser.

    He followed up the interview with a post on his “Divorce Dollars and Sense” blog detailing his opinion and offering answers to common questions he has received since the interview.

    The questions Landers addresses include:

    • Why should a happily married woman learn about divorce?
    • Why does his firm offer the service only to women?
    • Do women have to sneak to the appointments?
    • How do women feel after the consultation?

    According to Landers, a consultation on divorce finance can help a happily married woman better understand her finances within the current marriage. These consultations can help to explain issues like cash flow and net worth and also highlight financial figures and subjects married women should be aware of.

    Many of his clients, he claims, do not know standard facts such as their husbands’ salaries or whether or not they have a 401k plan. His firm’s service attempts to better educate these clients, so they can be prepared if they are presented with a financial curve ball.

    Landers explained that his firm only offers the financial consultations to women, because the firm specializes in advising women. He argues that it is important for women to sit down alone with an adviser in order to avoid feeling uneasy in front of her husband.

    Many of the firm’s clients tell Landers that they have felt “out of the loop” when it comes to family finances. These consultations offer a way for them get a handle on the family checkbook in a comfortable setting.

    Landers says he encourages women to be open about the consultations with their husbands. He urges that a healthy marriage depends on both parties taking financial responsibility, and that many husbands appreciate their wives accepting this responsibility by attending the sessions.

    Finally, Landers explained that most women feel overwhelmed after the sessions, as many of them discover that they didn’t know about specific financial details that they should have. He helps them put their new knowledge into perspective, and stresses that a woman who better understands her financial status is going to make better decisions for her entire family.

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 8th, 2011

    Divorce Parties Raise Spirits and Revenue for New Divorcees

    Falling somewhere between an upscale garage sale and an emotional purge of personal possessions, a new trend in southern California is getting ready to hit the road.

    “Divorce parties” have gained recent popularity among the real-real housewives of the Golden State and Jill Alexander is playing an active role in taking the craze on the road. Alexander’s company, the Divorcee Sale, organizes events for recently divorced women to sell their upscale possessions at discount prices.

    With business booming, Alexander is hosting her first event outside of California at a three-day sale in New York next month. The Divorcee Sale has a trendy space booked in SoHo and Alexander is expecting high demand. She recently spoke with the Observer about her concept behind the company.

    “I just knew it would work,” Alexander said. “Divorce is pretty common these days and people are looking to offload their stuff.”

    The business model has proven a positive for all parties involved. Alexander’s clients get a major boon at a difficult time; event customers get high-end merchandise at deeply discounted prices; and Alexander gets a cut of the profits. A portion of event proceeds also goes to support various charities.

    Items that have sold at past sales range from Dior ponchos for $4,200 to a pair Tory Burch shoes for $140. Other brands displayed at the sales have included Prada, Louis Vuitton and Docle& Gabbana.

    Despite all the high fashion, however, Alexander insists that her main goal was not to create a business, but to help women get through difficult times in their lives. The psychological benefit, according to Alexander, far outweighs the importance of sales.

    “It’s a really cathartic experience,” she told the Observer. “When you clear out your closet, it can be freeing. You are downsizing, but you also don’t want the clothes from your past life.”

    The philosophy has proven successful and clients are happy. One woman even compared her experience with Alexander to a scene of Carrie and the girls straight out of Sex and the City.

    Such comparisons present Alexander’s only disappointment in the business – the absence of actual celebrities.

    “I thought the celebrities would come but they have not shown up yet,” Alexander told reporters.

    That absence may change with time as celebrities warm to the trend. In fact, some actresses have already initiated their own post-divorce sales. In 2006, Ellen Barkin sold off $20 million worth of jewelry after her split with Ron Perelman, and Kim Basinger did the same when she auctioned jewelry after her divorce from Alec Baldwin in 2002.

    In the meantime, Alexander is focusing on next month’s New York sale.

    “It is going to be great,” she predicted. “We are expecting an off-the-charts weekend.”

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.

    August 4th, 2011

    Census Data Shows Support for the Seven-year Itch

    In addition to giving us the immortalized image of a surprised Marilyn Monroe in that billowing white dress, new marriage reports suggest that Billy Wilder’s “The Seven Year Itch” also gave us a term that accurately identifies a real-life marriage statistic.

    Recent census data released this year shows that first marriages ending in divorce lasted a median of eight years. The median time between marriage and separation was – you guessed it – seven years.

    The “itch,” according to marriage experts, comes from factors such as the stress of caring for children or the accumulation of work and family pressures. All of these pressures, experts say, tend to come to a head around the seven year mark.

    In an interview with the Press Democrat, Andrew Cherlin, a professor of sociology and public policy at Johns Hopkins University, expanded on the matter.

    “Typically, people who are unhappy with their marriages figure that out within the first few years and then take a few more years to get to the state of divorcing,” said Cherlin.

    “Over time,” he said, “people’s flaws reveal themselves. The positives remain, but the negatives build up. It may be that after a while you realize your spouse won’t be providing for you economically as well as you want.”

    Director of the National Marriage Project W. Bradford Wilcox explained to the newspaper that most people today marry in their late 20’s. According to the Census Bureau, the median age is 26.1 for women and 28.2 for men.

    “At some level, if you are dissatisfied, particularly if you are a woman, you may think, “I need to get out before I’m too old. I’ll have more options if I’m 35 versus 45,” Wilcox said.

    The seven-year itch is so recognizable that it once garnered recognition from the satirical newspaper The Onion in a story titled “Darling, Will You Spend the Next Six to Ten Years with Me?”

    When “I look into your eyes,” the story read, “I see all the things I never used to want. A big wedding. Kids. A house with a white picket fence that I’ll have to move out of in about seven years when you discover I’m sleeping with my secretary.”

    With all jokes aside, some marriage counselors find seven years to be a rather generous figure.

    When speaking with the Press Democrat, Anthony Centore, director of Thrive Boston Counseling and Psychotherapy, said many couples come into his practice overwhelmed by factors such as the mortgage, aging parents, or childcare – things unrelated to their spousal relationships.

    For these couples, not enough time is spent caring for the marriage or investing in their spouse.

    “Things happen like affairs and hurt feelings, and people feel betrayed and abandoned,” Centore said.

    “Sometimes, it’s a miracle they last seven years.”

    Copyright © 2010 TotalDivorce, LLC. (as licensee). All rights reserved.