I Guess There is an App for That

According to this article, an app for the new iPhone 4s has enable a husband to ascertain the location of his wife through her iPhone. The app at issue is called “Find my Friends” and it lets people find out where people they know are through the location of their iPhones. Of course, there are probably security settings that turn off “Find my Friends”. I would suspect that, had the wife known that her husband had innocently installed the app on her new iPhone, she probably would have turned off “Find My Friends”.

People should be conscious of programs that indicate where they are (Find My Friends, FourSquare, “Check In” on Facebook, etc.) If you really do not want people to know where you are, then you should make sure these programs are closed.

A PACA for Puck and Quinn?

For those of you who follow the television show Glee, you may be familiar with the story line by which the biological child of Quinn and Puck was given up for adoption and adopted by Rachel’s biological mother, Shelby, who had placed Rachel for adoption 16 or so years earlier. In a recent episode, Shelby indicated that she wanted Quinn and Puck to be a part of the child’s life. Later in that same episode, Quinn indicated that she was going to get her child back. This episode raised several interesting issues from the perspective of current Pennsylvania law.

When a child is adopted, unless it is a step-parent adoption, the rights of the biological parents are terminated. That would mean that Puck and Quinn, in the eyes of the Court, are no longer the parents of baby Elizabeth. In most instances, this is a two (2) step process. First, the parental rights of the child are terminated. Those rights can be terminated voluntarily or involuntarily. I would suspect that the biological parents’ rights would have been terminated by agreement, i.e. Quinn and Puck had each voluntarily agreed to have his or her parental rights terminated. Under Pennsylvania law, each parent would have to sign his or her own consent to termination of rights. After the hearing on the termination of parental rights, then there would be a hearing when Shelby would have adopted the child. As part of the adoption process, the Court’s order provides for the modification of the child’s birth certificate to reflect the adoptive parents as the child’s birth parents.

In some instances, the adoptive parents and the biological parents have what is sometimes referred to as an “open adoption.” In an open adoption, there is an agreement among the parties that the biological parents will continue to have contact with the child after the adoption. The frequency and nature of the contact is determined by the parties. It can run the gamut from an annual holiday card with a picture to actual partial physical custody. Such agreements were not always legally recognized by the courts in Pennsylvania. However, with the implementation of Act 101, which became effective on April 27, 2011, such agreements, now called “Post Adoption Contact Agreements” or PACAs, are enforceable and even modifiable by the Court.

The provisions of Act 101 include who can be a party to a PACA, how and when it can be enforced, and how and when it can be modified. Most importantly, it provides who is to be given notice of the right to enter into a PACA. So there is no misunderstanding, there is no right to enter into a Post Adoption Contact Agreement. However, the parties are to be given notice of their right to enter into a PACA. The adoptive parents can decide they do not want the child to have further contact with the birth parents. In turn, the birth parents can decide to withhold their consents to terminate rights. Whether or not there will be a PACA enabling the birth parents to have some contact with the child after the adoption will be the result of negotiation and/or mediation by the parties involved.

So, if this situation with Quinn, Puck, Shelby and the baby Elizabeth took place in Pennsylvania after the effective date of Act 101, unless there was a Post Adoptive Contact Agreement, Puck and Quinn would see the baby if and only if Shelby wanted such contact to take place. At any time, however, without a PACA, Shelby could decide that she no longer wants Puck or Quinn to see the child – and there would be nothing that they could do about it. If there were a PACA, if Shelby were not complying with the PACA, they could petition the Court to enforce the PACA. All they could get in seeking to enforce the PACA is an order directing Shelby to comply. They could not recover any monetary damages. They could not overturn the adoption. The question remains open, however, as to what the sanctions could be if Shelby failed to comply with the Court order directing her to comply with a PACA. If she could be held in contempt of court which could result in a fine or imprisonment. Still, the adoption would not be set aside.

In conclusion, while it makes for interesting television drama, despite her best intentions, Quinn is not going to be able to get her child back. Her rights have been terminated. Of course, I am not going to be the one to tell her. I don’t want to get slushied.

Should You Deal With Debt Before or After Divorce?

The following guest post was prepared by Eliza Collins, a personal finance writer, who regularly posts on debtsettlement.com.
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Divorce is complicated enough. Add debt into the equation and it’s downright messy. What makes it even more complex is that the person whose name is on the credit card or loan agreement is the person the bank holds responsible for the debt. It doesn’t matter who made the charges, who benefitted from the debt, or who the judge determines should pay for the debt. If your name is on the agreement, the bank wants you to pay. And if your spouse files bankruptcy on a joint account, the bank will come after you.

Many people don’t think about debt until they’re already going through divorce, but it could be more helpful to tie up these loose ends before the split is final. Once the divorce is final, you’ll have to go back to court if the spouse doesn’t abide by any repayment agreement the judge ordered. In the meantime, creditors will still come after you for any payments on accounts that include your name. Your credit standing will be affected if you don’t keep up your payments.

Make an Agreement

If you and your spouse are still on good terms before the divorce, you may be able to work out some type of payment plan between the two of you. Pull both credit reports and create a list of the debts that belong to both of you. List the amount of the debt and decide who’s responsible for the debt. Try to keep it friendly. If it turns into a fight or an argument, walk away from the situation and try to approach it later.

This is an exercise that either spouse can do alone, even if the other spouse doesn’t cooperate. Create a list of all the debts you know about and decide who’s responsible for the debt. Be fair. If it’s a debt you created, own up to it. You can try emailing the list to your soon-to-be ex to get their input.

Ideally, you can your spouse can agree on your debt responsibility. From there, take steps to get rid of any joint accounts by transferring the balance to an credit card with your own name, paying off the balance, consolidating, or refinancing the amount. The goal is to enter the divorce with each spouse’s name attached to only his or her own debt.

If you can’t come to an agreement with your spouse, get your attorney involved. Your spouse may be more willing to work with your attorney and if not, both spouses’ attorneys can try to work something out.

Joint Bankruptcy is an Option

If you ultimately cannot come to an agreement or the spouse can’t afford to pay for the debt they’re responsible for, consider filing joint divorce while the two of you are still married. Most of your unsecured debt can be discharged through bankruptcy and you can proceed with the divorce without the debt hanging over your head.

Bankruptcy does have its drawbacks. For one, you’ll have to pass a means test to file Chapter 7 bankruptcy, the one that discharges your unsecured debt. Bankruptcy also stays on your credit report for up to 10 years and can affect your ability to get new credit for several years. If your spouse is considering bankruptcy, it may be better to get on board. Creditors will hold you solely responsible for paying joint accounts if your spouse files bankruptcy alone.

In a perfect situation, you can take care of the debt before the debt. After the fact, it can be a lot messier, especially if your spouse doesn’t keep up with payments they’re supposed to make.

This guest post was written by Eliza Collins, who is a personal finance writer specializing in saving strategies, alternative income and debt relief options. You can read more of her articles at the debt settlement blog.

Nothing contained in this article is intended to substitute for legal advice. It is always in your best interest to consult with an attorney if you have any questions concerning divorce, bankruptcy, or related issues.

Divorce Rings: A Shiny Example of…?

It is not uncommon for divorcees to remake their bridal jewelry into a new ring or pendant better suited to their new, single status so it should be no great surprise that the jewelry industry is jumping onboard. But, to create a line of ‘divorce rings’? Isn’t that taking it a bit too far?

Not only can it appear callous to cash in on an emotionally trying and often devastating event but this also raises a whole slew of questions. What is the proper protocol? As Chiara Atik poses in her article, “Will ‘divorce rings’ catch on?”, does one spouse bend down on one knee, present the ring and ask his/her spouse to divorce them? Are both parties entitled to rings? Which party is required to pay for the ring/s? Can it/they be included in the settlement? The plaintiff requests alimony, child support and a 2 carat, princess cut, Cartier divorce ring.

And better yet, what does the ring indicate? Is it a celebration of newfound freedom or a warning beacon to indicate severe emotional baggage? Or just a new way for women (and men) to compete with one another? Suzie only got a 1 carat ring from Jeff but I made Bob buy me a 3 carat ring from Tiffany’s…

On the other hand, maybe the jewelry industry is on to something…I mean, wouldn’t the concept of impending jewelry help to take the sting out of a crumbling marriage? I can just hear it now, “he may have fathered a child with his secretary but he’s going to buy me one huge divorce ring”. In fact, jewelers should take it one step further and add it to the bridal set. No longer are the engagement ring and wedding band enough; the bridal set of the future has become a trio.

This post was prepared by Christina Glaser, a 1L at Rutgers Law School.

Check Out My Post on E-local.com

I was recently asked to submit an article for ELocal.com. My article talks about the pending divorce action between Former California Governor Arnold Schwarznegger and Maria Schriver, specifically on the report that the Governator was seeking a suspension of his spousal support obligation. The link to the article is right here.

Guest post regarding divorce and property division

I was approached by a representative of the Debt Consolidation Care Community about the submission of an article for my blog. Not wanting to stifle others in their desire to express their thoughts, I present to you this article by Jason Holmes.

As the article indicates, the laws in states vary in how divorce and property division are handled. Pennsylvania is an equitable distribution state. States will also vary as to how marital property is defined, i.e. what things are statutorily included and excluded from a marital estate. It is important to consult an attorney in your area if you have any specific questions.

Please feel free to post any comments about this piece and let me know if you are interested in posting your own family-law related article.

- Mike
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How to handle divorce and property division

Any kind of court cases are complex matters and when it comes to divorce, it becomes all the more complex as there are several rules in regards to both the spouses and these laws again vary according to the states. Even various things are included into the divorce case and also the debts. So, it may be best for both of you to become debt free before you can actually file a divorce cases otherwise, it can make matters more complex.

Divorce and property division

In order to handle your divorce case easily, it is best for you to take the advice of a divorce lawyers. In addition to that, you will have to understand the different divorce laws of the state you are in:

1. Equitable distribution – There are mainly two types of states in regards to the divorce laws. In one type, there is equitable or rather fair distribution of money and any type of property. In another, the community property states, there is equal distribution of money and property between the spouses.

2. Community property states – As said, in the community property states, the property is divided equally. The different community property states are Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin and Puerto Rico. In these states, both of you are going to get equal property distribution. In the similar fashion, you can also be help responsible for paying debt incurred buy or spouse. Thus, it becomes really important for you and your spouse to become debt free from the beginning. For more information on paying off your debts, feel free to visit Debt Consolidation Care.

3. Separate property – Separate property are those which has been acquired before marriage. For example the gifts, court awards, any inherited property, and also any kind of pension proceeds. Any of the property which is acquired as separate property remains separate. However, there are some separate property’s too that can become a community property, such as any business that you had started before marriage but has been sustained by the marriage.

4. Co-signed debts – You may be held responsible for any co-signed debts and nay co-signed savings accounts or certificate of deposits. So, you need to look into such matters before you file for divorce.

So, the best ways in which you can go through a property divorce is, understanding the whole divorce process. Divorce is itself a painful process and it creates stress in your life. So to avoid making the whole thing more bitter, it is important for you to follow the right steps.

Jason Holmes is a regular financial writer associated with the Debt Consolidation Care Community and is a contributory writer with various other financial sites. His expertise is mainly on the different aspects of the debt industry. He has also written different e-books through which he tries to impart simple solutions to help people get out of debt.

With Graduation, One Door Closes and Another Door Stays Locked

I realize that I posted about this topic before; however, this article on the Divorce Saloon website, brought this issue to mind once again. It is the time of year when high school seniors graduate and, hopefully, head off to college in the fall. These high school seniors and their parents have spent months applying to colleges, visiting schools, and deciding where they want to obtain their college degree.

These students are ending one chapter of their lives (high school) and have big plans for the next chapter (college life). Pennsylvania law, however, provides that a parent’s obligation to support that child ends on the later of the child’s 18th birthday or graduation from high school. Many parents who have children graduating high school this year have already petitioned the Court for an adjustment, if not a termination, of his or her child support obligation. So while the Divorce Saloon article notes what transpires in New York, none of that would apply in Pennsylvania.

While an effort was made several years ago to provide by statute an obligation for parents to support their children through the payment of college tuition and related expenses, that statue was struck down as being in violation of the Equal Protection clause of the Pennsylvania Constitution. The law obligated parents who were divorced, separated, or never married to pay for college, but it did not obligate children of intact families. So, parents were being treated differently based on their marital status.

Until the Pennsylvania legislature crafts a statute that would apply to all parents that passes Constitutional muster, those high school seniors can not readily obtain financial support from either parent to help pay for college.

Really?

I recently received another spam solicitation for legal services. How gullible to they think some people are? Here is the verbatim e-mail with my comments in [BOLD CAPS]:

Be Careful What You Post

The news has been full of stories about people running into problems as a result of what they posted using various social media outlets (Facebook, Twitter, MySpace, etc.). I previously reported about similar issues in a family law context.

Credits and the Mortgage Deviation

I apologize for taking so long between posts. Fortunately, there is always something that one can learn from the (literal) trials and tribulations of Mel Gibson and Oksana Grigorieva. The Celebrity Blog of myfamilylaw.com earlier this week that Mel and Oksana were still arguing about child support and custody. There are some lessons that people in Pennsylvania can learn from this case, although the case is subject to California law.