Drawn-out, contentious high net-worth divorce finally settled

David M. Gabriel & Associates

A high net-worth divorce case can be one of the most complicated cases for Massachusetts couples. In some cases, there are things which a partner is willing to part with easily. However, when the assets to be divided are substantial, as is the case for one couple, a high net-worth divorce case can quickly become more complicated and can take more time to determine the particulars. The couple was married for 15 years before deciding to split. After filing a divorce petition in October 2007, they began to confront the division of their assets they accrued over their marriage. In total, they had an estimated $71 million in assets. At first, it seemed as if separation, though not an easy task, would be relatively straight-forward. However, as the couple continued negotiating, they encountered certain problems. For instance, several allegations surfaced that the wife allegedly had an affair and purportedly was involved in illegal investigations. However, these and other issues were apparently resolved in a settlement, and it is said that the divorce will finally move forward. By April 2012, they had successfully split $46 million, or 70 percent of their assets and are currently discussing lingering money disputes. High net-worth divorce cases can be emotionally draining and understandably expensive for any couple, whether in Massachusetts or elsewhere. For those involved, an attempt to openly communicate with one another may pay dividends by reaching a reasonable settlement of all outstanding issues. In this way, even though the decision may be difficult

Finding fault in divorce — go “where no one has gone before”

David M. Gabriel & Associates

There is a reason why Americans choose to make the concept of a no-fault divorce part of their culture. While some might argue that no-fault divorces make it too easy to dissolve a marriage, it eliminates the process of assigning blame to one party which often results in long drawn-out proceedings with only bitter feelings tied in. For Salem residents, a high net-worth divorce can lead to a complex division of property. While the state of Massachusetts is no fault divorce state, it is also an equitable distribution state; meaning that a judge will decide what a fair distribution of property is — not necessarily a 50/50 split. Interestingly, the people of Great Britain are starting to see the benefits of no-fault divorces, as well. The Brits voted down the idea of a no-fault divorce back in 1996, but, over a decade later, many British residents are starting to rethink their stance on the issue. This likely is because of the petty arguments that have arisen during divorce proceedings, all in an effort to assign blame. Across the pond, in an effort to illustrate the extremes couples go to in order to put an end to their marriage, one woman complained that her husband requested that she dress up like a Klingon — a character depicted in the television show “Star Trek”. He also requested that she speak to him in the Klingon language. Yet another man argued that his wife purposely served him tuna casserole on a frequent basis

Residency requirements open doors for same-sex divorces

David M. Gabriel & Associates

A complex legal issue that is popping up in different states and continues to be addressed in the courts was discussed here previously on the blog. We have news about another new important case involving same-sex marriage and divorce laws. A Rhode Island man is in the midst of trying to divorce his husband after getting married in Massachusetts. Because of Rhode Island’s current laws pertaining to same-sex marriage and divorce, he was forced to move to another state to pursue a divorce. The man decided to move across the state line to Massachusetts and live there for a year before he would be able to file for divorce. However, there is new legislation pending in Rhode Island, according to a local media report that would simplify this matter for people with the same situation. If the new Rhode Island bill passes, any couple could file for a divorce in Rhode Island even if their marriage is not recognized as legal in the state. This would solve the problem faced by same-sex couples who jump state lines in order to establish residency so they can pursue a divorce and not be trapped in marital limbo. Although Rhode Island is not a gay marriage state, it did pass a civil union law in 2011. That piece of legislation provided a legal means for dissolution of a civil union. Whether a person is dissolving a civil union or seeking a divorce from a spouse, he or she will need to ensure that,

Divorced man stuck with Madoff-scheme losses

David M. Gabriel & Associates

Divorced couples in Massachusetts may believe their final court order settles everything. At the end of the dissolution process the court attempts to ensure that there has been an equitable distribution of assets. However, the court order is not always the end of the line for divorced spouses. A divorced spouse may hire an attorney and bring a matter before an appeals court when something changes in the case. An ex-spouse might believe there is a substantial change in information about assets that were divided and hire a lawyer to take a new action, such as seeking relief from an appeals court. Such was the case in a New York appeals court. A recent media report summarized how a panel of six judges for the New York Court of Appeals ruled in a divorced man’s high asset divorce case. He argued that he and his wife both made a mistake in believing their $5.4 million investment in a Bernard Madoff fund was valid. A panel of six judges discarded the man’s claim that his ex-wife should return $2.7 million she had gotten in “an equitable distribution of property” in their divorce. The man, an attorney, must now live with the financial losses that his Madoff investment incurred. The fund went bankrupt only two years after the couple’s divorce was finalized. The judges decided that the divorced man could have made the decision to cash in his investment in the Ponzi scheme before the financial troubles in 2008. Also, his ex-wife

Judge allows same-sex couple to divorce

David M. Gabriel & Associates

While more states have legalized same-sex marriages, gay couples whose marriages have fallen on hard times continue to find it difficult to legally divorce their spouse. The problem is that some states feel by permitting a same-sex divorce, they are by default acknowledging same-sex marriage. For example, two women who were married in Massachusetts later moved to Texas, a state that does not recognize same-sex marriage. When the women began divorce proceedings in February 2011, Texas’ general attorney, attempted to stop the judge from allowing their dissolution. His motion stated that because Texas has a constitutional ban on gay marriage, the judge did not have the authority to grant a divorce. The motion was later thrown out by the judge because it was not filed in a timely manner. In a more recent case, two men who were married in New York on September 2011, filed for divorce in Ohio. Ohio, like Texas, does not recognize same-sex marriages and civil unions per a 2004 constitutional amendment. A Columbus judge signed off on the couple’s divorce. Again, the judge hearing the men’s case was met with an onslaught of criticism — called “rogue” by one man in an email to the Columbus Dispatch, a local newspaper. The attorney for one of the men in the case defended the judge’s decision to hear and approve the divorce; stating that Ohio’s constitutional amendment applies only to same-sex marriage and says nothing about same-sex divorce. Ultimately, the real hurdle lies in the fact that

Boston residents learn of one lawmaker’s view on civil unions

David M. Gabriel & Associates

With this year’s elections hot on the horizon, many politicians are working the circuit to plug their parties’ political agenda and push new legislation and/or alter existing laws. One of the focus areas for many lawmakers has been the topic of same-sex marriage and divorce. While more states are passing laws to allow same-sex marriage or civil unions, it still remains a heated topic for many states throughout the nation. In New Hampshire, one state lawmaker has his own vision for how to get rid of the 2010 gay marriage law. He has sponsored a new bill that would give voters the opportunity to cast their vote on a nonbinding ballot question. The issue at hand for voters to decide, if his bill passes, is whether New Hampshire should give new life to a 2007 law on civil unions. State Representative David Bates (Rep.) proposes the repeal of the gay marriage law on March 31, 2013, and its replacement by civil unions. These were defined in the law by a 2007 bill. Also, Bates wants to leave it up to NH voters if homosexuals could legally obtain a civil union, but the gay marriage law would cease to exist. In fact, if this amendment went through, the existing definition of marriage would be worded to be “between one man and one woman.” Bates calls the state’s current definition of marriage an “illegitimate definition.” Those against the change feel that the proposal is discriminatory and posed to take away the rights

Boston father’s obligation to pay upheld by courts

David M. Gabriel & Associates

If a woman gives birth to child after she and her husband separate, the husband can still be held financially responsible for the baby. This was the case of a Massachusetts man whose estranged wife gave birth to twins after an in-vitro fertilization involving donor eggs and donor sperm. According to court reports, in 2001, the wife threatened to “withdraw her support for his citizenship application” unless he consented to the procedure. The husband agreed to the IVF procedure provided that she signed an agreement that he would not be have to pay child support for any children she gave birth to. The couple separated shortly thereafter. The court ruled that the father was still financially responsible for the children, twin girls born in 2003. While the in-vitro procedure took place the couple after was separated, the decision to have the children occurred while they were still together. The Massachusetts Appeals Court said, “Simple consent to the procedure is enough to confer parental status.” It is wise for fathers to understand their rights when it comes to having children. This includes whether they will be required by law to provide financial support them even when they are no longer in a relationship with the children’s mother. Some divorce attorneys specialize in different types of family law, including paternity and child support. In this case, the man would have benefited from legal advice before continuing to give his consent to his wife’s in-vitro fertilization treatment. This case began in 2006 when

Drawn-out, contentious high net-worth divorce finally settled

Finding fault in divorce — go “where no one has gone before”

Residency requirements open doors for same-sex divorces

Divorced man stuck with Madoff-scheme losses

Judge allows same-sex couple to divorce

Boston residents learn of one lawmaker’s view on civil unions

Boston father’s obligation to pay upheld by courts

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Categories

TAGS

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David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help