New Hampshire Case Said to Set Precedent for Same-Sex Couples Upon Divorce, But is Ohio Law Already Set Up for Courts to Reach Similar Decisions?
The Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets. In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially. However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.
In its decision, the New Hampshire Supreme Court agreed explaining that the law of the state provided a “catch-all” provision allowing the court to consider “any other factor” it deems relevant when dividing the marital assets. Therefore, the Court held … Read More... “Same-Sex Couples: Premarital Cohabitation Assets and Divorce”
This week President Obama signed the instrument of ratification to the 2007 Hague Child Support and Maintenance Convention addressing International Recovery of Child Support. This international child support signing was accomplished in great part due to the extensive work done by US family lawyers, by the Hague Convention on Private International Law, and by many others.
As individuals we have certain inalienable rights, granted to us by the Constitution. The right to own a gun, the right to vote, the right of free speech . . . the list goes on and on. Among those rights that we as U.S. citizens enjoy, is the right to parent as we see fit (subject to certain exceptions, of course). Parents are generally allowed to make important decisions on behalf of their minor children. Examples include, what type of food the child eats (vegan, gluten free, organic, etc.), what type of school the child will attend (public school, private school or home-school) and whether or not the child will be vaccinated. In addition, parents are charged with deciding how to discipline their children and what organized religion, if any, they will be raised in. Whether or not parents realize it, the decisions they make today will affect their children for the rest of their lives.
The reasons couples divorce are as varied and different as the individuals involved. However, upon closer examination, it seems that there is often a common thread as to why the breakdown occurred.
On a family law blog, legal discussions about topics such as child custody or divorce are the norm. However, with Father’s Day approaching, we’re going to shift all the focus towards Dad. Instead of analyzing traditional laws relating to domestic relations, the focus of this article will instead be on a “law” of economics that relates to fathers, as well as another newly emerging fatherly trend.