March 27, 2013
By Mary Ann Pekara

Today the Supreme Court hears arguments relating to federal benefits for same-sex couples. The federal Defense of Marriage Act of 1996 (DOMA) refers to marriage as “only a legal union between one man and one woman as husband and wife.”

The Supreme Court will meet to determine if how federal benefits are delegated under DOMA violates the equal protection clause of the Constitution.

The could rule in 3 ways:

• DOMA is Unconstitutional.
• DOMA is Constitutional.
• The Supreme Court is powerless to decide on this case.

If the Act is deemed unconstitutional, all 9 states that allow the same-sex marriage, plus the District of Columbia, will be able to provide married same-sex couples federal benefits, as well as subject them to over 1,000 federal laws and programs.

If the Act is deemed constitutional, nothing changes. If nothing changes, same-sex couples who are married continue to be denied federal benefits.

The there is the possibility that the Supreme Court rules that it lacks jurisdiction because the Obama administration and the plaintiff in this case agree that it is an unconstitutional law and House Republicans can’t defend it.

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

March 26, 2013
By Mary Ann Pekara

Today the Supreme Court hears arguments on California’s Ban on Same-Sex Marriage and whether it violates the Constitution. Proposition 8 which states that “only marriage between a man and a woman is valid or recognized in California” was passed in November 2008.

Prior to that passing, same-sex couples had the Constitutional right to marry in California per In re Marriage Cases stating “California legislative and initiative measures limiting marriage to opposite-sex couples violate the state Constitutional rights of same-sex couples and may not be used to preclude same-sex couples from marrying.”

A ruling, which likely will not come until June, can go in one of three ways:

1. The court could uphold Proposition 8. This would allow states to either allow or ban same-sex marriage as they choose.
2. The court could strike down Proposition 8 on several grounds (see below).
3. The court could decide supporters of Proposition 8 lack standing to appeal.

Grounds to Strike Proposition 8 Down?

• Banning same-sex marriage is a violation of the Constitution.
• California could not withhold the designation of “marriage” from same-sex couples while providing all of the benefits and burdens of marriage through a civil union.
• After the California Supreme Court established the right to same-sex marriage, California was not entitled to withdraw the right.

There are currently 38 states banning same-sex marriage and 8 states allowing “everything-but-marriage” civil unions. (5 of those 8 states fall into both categories.)

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

By John Clark

During Bill O’Reilly’s recent divorce, the news personality tried to get his former wife kicked out of the Catholic Church, according to a report from the Seattle Post-Intelligencer.

O’Reilly and his former wife, Maureen McPhilmy, were separated in April 2010 and eventually finalized a divorce in September 2011, according to sources.

Sources suggest that O’Reilly effectively tattled on his former wife, who reportedly continues to take communion at a Catholic church, despite her prior divorce and remarriage.

Thanks in part to O’Reilly’s alleged efforts, the church issued McPhilmy an official reprimand, and asked her to refrain from telling her children that God approves of her second marriage, according to sources.

And sources note that McPhilmy could be excommunicated from the church if she refuses to abide by its directive. Sources also reminded readers that O’Reilly recently donated more than $65,000 to the local Catholic archdiocese.

Sadly, the dispute over McPhilmy’s participation with the Catholic Church may have been prompted by the mother’s efforts to change their child custody agreement.

As part of the divorce settlement, the parties agreed to share legal custody of their two children, but this agreement only lasted a month before McPhilmy returned to court.

According to sources, McPhilmy learned that her former husband had hired a neutral family therapist to work with his household staff, which troubled her because she believed that the therapist performed “virtually all of his parental duties.”

This, claimed McPhilmy, was a violation of the couple’s divorce agreement, which required O’Reilly to actually function as a responsible father, rather than simply delegate the duties to someone else, as his former wife alleged.

The mother further claimed that the assignment of the neutral therapist to what amounted to a nanny arrangement undermined “the integrity of the agreement’s custodial provisions,” because the therapist was supposed to be a “neutral third-party arbitrator” between the divorced parties.

As the parties try to sort out their child custody dispute, and as they continue to fight their now-public battle over McPhilmy’s controversial participation in Catholic services, O’Reilly is also looking to obtain an annulment of the couple’s 15-year marriage, sources say.

If he is successful in his latest effort to earn an annulment of the marriage, both the church and the courts will treat the marriage as if it never happened, which, if the former couple’s actions after their divorce give any indication, would likely be embraced by both parties.

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

By John Clark

Lamar Odom is in hot water after reportedly falling asleep during a recent child custody hearing, according to a report this week from the Los Angeles Times.

Sources say the basketball star, who currently plays for the Los Angeles Clippers, is locked in a child custody dispute in Manhattan with former girlfriend Liza Morales, who gave birth to Odom’s son and daughter.

The child custody case has been relatively typical, as both parties are jockeying to spend more time with their children, but the dispute took a bizarre turn this week after Odom engaged in a serious breach of proper court decorum.

When the child custody lawyers for both sides briefly left the courtroom to have a discussion, sources say the lanky power forward stretched his 6-foot-10 frame on a “hard, not-so-comfortable courthouse bench” and started to fall asleep.

Sources on the scene were quick to note that Odom was able to fall asleep despite the fact that his legs were uncomfortably hanging over the edge of the court bench.

The napping party, of course, drew the court’s attention, and when one official asked Odom if he was alright, the basketball star assured him that he was fine. The judge then asked Odom to return to his seated position, and Odom promptly complied, according to sources.

The napping incident adds another highlight to a contentious child custody battle between Odom and Morales, who were together for about 10 years, according to sources. The couple met as students at Christ the King High School in New York City.

During their relationship, Morales had two children, 14-year-old Destiny and 11-year-old Lamar Jr. Sources say the couple has been separated for roughly four years.

Morales and Odom were struck by a tragic event in June 2006, when their 6-month-old son, Jayden, died from sudden infant death syndrome while sleeping in his crib, according to sources.

Lamar Odom significantly raised his public profile in September 2009 when he married Khloe Kardashian, a woman famous for reasons yet to be determined.

Their wedding was prominently featured on “Keeping Up with the Kardashians,” a reality television show that featured America’s most fascinating family.

The show, of course, featured Kim Kardashian, who is currently engaged in a high-profile divorce dispute with another NBA star, Kris Humphries. The two have been negotiating the terms of their divorce for more than two years after their marriage lasted only a few weeks, sources say.

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

By John Clark

Lawmakers in Iowa are bucking a modern trend and seeking to eliminate “no-fault” divorces, which have become an integral party of state family laws, according to a report this week from Radio Iowa.

According to sources, seven Republicans in the Iowa House of Representatives are looking to pass a bill that would restrict the ability of parents with minor children to file for a “no-fault” divorce, which does not require the parties to place the blame on one spouse or the other.

Traditionally, courts required couples to provide a reasonable reason for a divorce, which often led to more costly legal separations.

Today, however, all 50 states allow parties to file for divorce for reasons as simple as “irreconcilable differences.” Such faultless divorces are often cheaper, less contentious, and take a shorter period of time.

Several prominent lawmakers in Iowa, however, are worried that the potential effects of divorce on children should make divorce more difficult for couples with minor children.

According to Tedd Gassman, a Republican from Scarville, Iowa, courts should “look out for the children instead of constantly worrying about adults.”

One of Gassman’s constituents, Daren Clark, told reporters that “no-fault” divorces have “damaged thousands of families and their children” because they have created a “do what’s best for me” attitude among parents.

Under the terms of the proposed law, parents with minor children would have to prove that one spouse had committed adultery, been convicted of a felony, or had abused a family member in order to obtain a divorce.

Of course, this proposal, which goes against the trend of family law reform that has blossomed over the last 40 years, has been heavily criticized by many family law experts.

Many critics, for example, have noted that forcing a couple to stay together despite vast differences could ultimately be more harmful to the children, who would be forced to live in a contentious environment at home.

Indeed, other observers note that lowering obstacles to divorce can lead to more relaxed separations, which allow former spouses to craft child custody agreements in the spirit of cooperation, which is often better for children.

According to Rachel Scott, a member of the Iowa Coalition Against Domestic Violence, divorces in which fault must be determined often “escalate tension and conflict between two individuals.”

Nevertheless, Gassman and his colleagues remain convinced that “no-fault” divorces are a negative development, and they seem determined to push their bill through the Iowa House.

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

Think traditional marriage has brought on some interesting partnerships? People have married themselves, inanimate objects, and even pets.

The legal aspects of these unusual marriages contain many unknowns, like what happens when you and your cat want to file for divorce? In this infographic, we’ll look at some of the strangest marriages in our recent history.

Embed the infographic above with the HTML below

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*Please use the above code unaltered or include a citation of this site as the original source.

Man Marries Himself

• Chinese man named Liu Ye married a cardboard cutout of himself in 2007.
• The wedding honored all Chinese traditions.
• The cardboard cutout wore the traditional red wedding dress of a Chinese bride.

Woman Marries Herself

• Artist Jennifer Hoes married herself to celebrate her 30th birthday.
• The wedding was to help her embrace her own life.

Woman Marries the Eiffel Tower

• A woman named Erika married the Eiffel Tower in 2008.
• She changed her surname to “La Tour Eiffel.”
• She suffers from Objectum-Sexuality: an emotional and often romantic attraction to inanimate objects.

Woman Marries the Berlin Wall

• A woman named Eija-Riitta married the Berlin Wall in 1979.
• She changed her surname to Berliner-Mauer (translates to “Berlin Wall” in German).
• She suffers from Objectum-Sexuality.
• She was distraught when the wall was torn down.
• Now keeps replica models in her home.
• Says the Great Wall of China is not as “sexy” as her husband.

Woman Marries Fairground Ride

• A woman named Amy Wolfe married a fairground ride in 2008.
• She suffers from Objectum-Sexuality.
• Claims to have had sexual and mental attraction to the ride since she first saw it when she was 13.

Man Marries Game Character

• A Japanese man who calls himself “Sal9000” married a video game character in 2009.
• He married Nene Anegasaki from the Nintendo DS game Love Plus.
• The wedding was broadcast on Nico Nico Douga, a Japanese video sharing website.

Man Marries His Cat

• German postman Uwe Mitzscherlich married his cat in 2006.
• He decided to marry her after learning she was sick and would die soon.
• Held a formal wedding.
• He wore a tux.
• She wore a special bride’s gown.

Woman Marries a Dolphin

• Sharon Tendler married her dolphin friend Cindy in 2006.
• The ceremony takes place in Israel.
• She becomes the first one to marry a dolphin.
• She knew Cindy for 15 years before marrying him.
• She used to think she might marry a human.
• She has since decided that she will stay married to her dolphin.

Man Marries a Goat

• Sudan law says a man caught sleeping with a woman must marry her immediately.
• A man caught having sex with a goat was required to follow the law.
• He married the goat in 2006.
• He had to pay the owner a dowry as a part of his public humiliation punishment.

Man Marries His Pillow

• Korean man Lee Jin-gyu married his pillow in 2010.
• The pillow is large and features an image of Fate Testarossa.
• She is a character from the anime series Mahou Shoujo Lyrical Nanoha.
• The pillow was fitted with a wedding dress.
• The ceremony was officiated by a local priest.

Man Marries His Doll

• A man named Davecat married his love doll in 2000.
• Featured on TLC’s My Strange Addiction.
• Has not dated a real woman since he married the doll.
• Says the doll has qualities “hard to find in an organic woman.”

This infographic was brought to you by Total Divorce.

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

By John Clark

After months of rumors that their relationship was on the rocks, actors Josh Brolin and Diane Lane are officially filing for divorce, according to a report this week from Huffington Post.

Sources say Brolin and Lane have been married for more than eight years, but that their marriage has been strained in recent months.

In an added bit of poignancy, the decision to file for divorce was apparently made on Valentine’s Day, according to sources.

Lane reportedly filed her documents in Los Angeles Superior Court after noting that the couple separated on February 13, although sources suggest that the couple has been living apart for much longer than that.

According to one person close to the couple, Brolin and Lane have been separated for “several months,” and that the relationship “just ran its course.” The source also said that contacting a divorce lawyer was a “hard decision for both of them to make.

The divorce brings an end to a relatively lengthy Hollywood marriage. Sources say Brolin and Lane, who were originally introduced to each other in 2002 by Brolin’s stepmother, Barbara Streisand, were married in 2004 at a ranch in central California owned by Brolin.

Brolin, 45, told sources in 2003 that the couple was very similar because neither party saw celebrity as a “necessity” and that, when they were together, everything was “easy.”

And in 2005, Lane told a magazine that she enjoyed “having a strong man with me who makes me feel embraced and secure.” She went on to describe her second marriage as “wonderful” and said “Josh completes me because I’m so attracted to his otherness.”

But tensions between Brolin and Lane, 48, soon begin to elevate. Sources suggest that Brolin’s erratic behavior soon created a rift between the couple.

Sources note, for example, that Brolin was arrested for public intoxication two months ago on New Year’s Eve, but he was eventually released without any criminal consequences.

But the day after his arrest, celebrity watchdogs spotted Brolin strolling around Venice, California, without his wedding ring.

This week, he and Lane made it official that they are getting divorce, but if their divorce is similar to those of other celebrities, it’s likely that the details of their split will remain hidden from public view.

In order to keep the financial details of their divorce quiet, though, the couple will have to agree to the terms of their divorce behind closed doors. If the case proceeds to a trial, the details of the settlement will become a matter of public record.

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

By John Clark

Actor Brendan Fraser is looking to reduce the alimony payments he is legally obligated to pay to his wife, according to a report this week from the New York Post.

Sources say the actor, who is perhaps most famous for his role in “The Mummy” is also looking to reduce his child support payments due to sudden change in income.

According to reports, Fraser and his former wife, Afton Smith, filed for divorce in 2009, after a lengthy marriage that saw the birth of the couple’s three children, Griffin, 10, Holden, 8, and Leland, 6.

In recent testimony in front of a family law court, Fraser claimed that he is no longer able to afford his child support and alimony payments, which reportedly amount to roughly $900,000.

A decade ago, Fraser was one of the brightest young stars in Hollywood, but he has struggled to find lucrative work in recent years.

So his dip in income seems to make some sense, although sources note that the 44-year-old’s former wife claims he is hiding his assets, despite Fraser’s claims that this allegation is untrue.

Fraser also argues that several “medical issues” have prevented him from working as often as he once did, which has limited his ability to work as much as he did before the medical trouble started.

Whether Fraser’s medical problems are genuine will be a key issue to be determined by the judge who is tasked with mediating the dispute between Fraser and Smith.

In order for a court to adjust a child support or alimony payment agreement, the paying party must show a substantial change in his or her financial circumstances. In addition, this change cannot be attributable to a voluntary reduction in work.

So if the judge determines that Fraser is legitimately unable to work as much as he once did, and this involuntary reduction in work has substantially changed his income, then Fraser may be able to reduce his alimony and child support payments.

Unfortunately for Fraser, the actor is facing another legal battle, as well. Sources say movie producer Todd Moyer filed a lawsuit last year against Fraser for alleged physical attacks that occurred in 2011 and 2012.

The producer’s lawsuit was filed shortly after Fraser sued Todd for delaying the production of “The Legend of William Tell,” a film that is supposed to star Fraser but has been delayed for several years, according to sources.

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

By John Clark

The heated divorce negotiations between Kim Kardashian and Kris Humphries have kept the media on its toes for several months. But a new development threatens to derail the process even further, according to a report from the Huffington Post.

According to sources, Kardashian recently announced that she’s pregnant with Kanye West’s child, and she’s growing increasingly frustrated with the slow pace of her divorce process.

Humphries, however, doesn’t seem particularly concerned with the pace of the divorce, according to representatives from Kardashian’s camp who claim the basketball player is using “stall tactics” to slow the divorce proceedings.

The latest chapter in the saga following the couple’s 72-day marriage started a few weeks ago, when Kardashian called her doctor in the middle of the night after experiencing severe pains, according to sources.

The 32-year-old reality television star received a rare house call from a physician who told her that she was suffering extreme stress, and warned her that she needs to resolve it before she suffers “long-term effects,” according to Kardashian.

And in a recent television interview, Kardashian reportedly said that she wants “to move on with my life,” especially since her divorce process is entering its second year.

Following these revelations, Kardashian and her celebrity divorce lawyer accused Humphries and his attorneys of delaying the divorce process, which the husband quickly denied.

According to his divorce attorney, Humphries “had nothing to do with” his wife’s “apparently unplanned pregnancy,” and Kardashian is using her pregnancy as an opportunity to gain a litigation advantage by trying to force this court to prematurely set this matter for trial,” sources say.

Sources note that the key disagreement between the two parties is that Humphries wants to be in attendance for Kardashian’s deposition before the trial begins, which is not an uncommon request, especially in a divorce case where the financial stakes are so high.

Humphries, however, is in the midst of a brutal NBA schedule that will keep him occupied through early summer. Humphries and his attorney claim this is one of the primary reasons why they will not agree to an immediate trial.

Of course, the addition of Kanye West, an entertainer who experienced a rapid rise to fame in a remarkably short period of time, has further complicated an already messy divorce.

Sources say Kardashian became involved with West just a few months after she officially filed for divorce from Humphries last October.

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

By John Clark

Dina Manzo, the former start of “Real Housewives of New Jersey, is filing for a divorce from her husband, Tommy, according to a report this week from the Huffington Post.

Sources say Manzo announced the news on her Twitter account in a post that occurred well after midnight on February 2.

In her Twitter post, Manzo said she was finally revealing the “secret” that she and her husband had been separated since October. She also said “my heart hurts” but that she and her husband “will always share a very special love.

Manzo, a 40-year-old socialite, married Tommy Manzo, the co-owner of The Brownstone, in 2005. Dina Manzo also has a 17-year-old daughter from her previous marriage to George Hadjiapostoli, according to sources.

Tommy Manzo is related to Albert Manzo, who is married to Dina’s sister, Caroline. According to sources, the two sisters haven’t spoken in a few years, thanks to a mysterious rivalry that was fueled by Dina’s support of Teresa Guidice, her sister’s “nemesis,” according to sources who keep track of these things.

Interestingly, Tommy Manzo never appeared on “Real Housewives of New Jersey,” preferring to keep his private life separate from his wife’s reality television adventure.

For her part, Dina Manzo seems to be going through the divorce process with a positive attitude. On Twitter, she expressed her gratitude for “the support of my loved ones during this time, especially my spiritual friends.”

Remarkably, Dina Manzo is the 18th participant in the “Real Housewife” franchise to announce a divorce or separation.

Perhaps the most famous recent split was that of Bethenny Frankel, one of the superstars of the “Real Housewife” series, and her husband, Jason Hoppy. Sources say Frankel filed for divorce in New York earlier this month.

Frankel announced the news in late January, saying that separating from her husband of three years was an “extremely difficult decision that, as a woman and a mother, I have to accept as the best choice for our family.”

Frankel also noted that she and her husband still have “love and respect for one another and will continue to amicably co-parent our daughter who is and will always remain our first priority.”

Sources say Frankel and her husband have a 2-year-old daughter, and that the couple signed a prenuptial agreement before their marriage that might protect many of the assets held by her husband, who is reportedly worth at least $12 million.

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