Edmund DeMarche from the New York Post reports that a Judge has ordered a divorcing couple in Brooklyn, New York to build a wall down the middle of the family home.

The Judge has given them two weeks to decide where the wall should go, or he will decide it for them.

The wife will get more than half of the residence because she has primary custody of the children.

Now that the recession is keeping warring spouses from moving out, perhaps this idea will catch on.

Mary Louise Davis married John Franklin Davis, Jr. in 1958.  Sixteen years and three children later, Mrs. Davis, together with her six-year-old daughter Leigh, left the marital home and moved into an apartment.  Mr. Davis filed for divorce in Maryland on the ground of his wife’s adultery, and asked for custody of the children.

Judge Latham, after a custody investigation and a hearing, awarded custody of Leigh to the mother.  The father appealed to the Court of Special Appeals, which reversed the judge.  The Court said the father should have custody of Leigh because the mother had failed to show repentance for her adultery.

The mother appealed to the Court of Appeals.  The Court of Appeals held:

“Whereas the fact of adultery may be a relevant consideration in child custody awards, no presumption of unfitness on the part of the adulterous parent arises from it; rather it should be weighed, along with all other pertinent factors, only insofar as it affects the child’s welfare.”

The Court said the primary determination was the best interest of the child.  In determining this, Judge Latham had taken into account that Leigh had been living with her mother alone for the past two years and was adjusted to this arrangement; that she was doing well in school and was adequately provided for at home; that even though Mrs. Davis had engaged in adulterous conduct in the past, there was no  showing that it had ever deleteriously affected Leigh; and that Mrs. Davis had engaged in no sexual misconduct since February 1975.

So Leigh got to stay with her mother.

Davis v. Davis, 280 Md. 119; 372 A.2d 231 (1977)

Alltop.Com has added our blogs, Maryland Divorce Legal Crier and Fathers’ Rights: Not Just Every Other Weekend, to its family law page.  You can access many family law blogs in different states from this one site.

Nelson A. Garcia will present Divorce Legal Seminar in Spanish at the Commission for Women’s Counseling and Career Center in Rockville Maryland on October 13, 2009, from 6:00 to 9:00 pm.  This seminar will help you to learn the different aspects of the process of separation and divorce. You will learn how to choose an attorney, how property is distributed, and how to get a restraining order, in case of domestic violence. How to obtain custody and alimony for your children will also be discussed. At the end of the session, you will have the opportunity to ask questions.  The cost is $30.  Here is the seminar announcement in Spanish.

SUS DERECHOS LEGALES EN EL DIVORCIO:

RESUMEN GENERAL Y TEMAS RELACIONADOS CON LOS HIJOS

Martes, 13 de Octubre, 2009, 6-9 pm

Este seminario, presentado en español, le ayudará a conocer los diferentes aspectos del proceso de separación y divorcio. Se discutirá cómo escoger un abogado, cómo conseguir separación de bienes y la forma de obtener una orden de protección en casos de violencia doméstica. También se discutirá cómo obtener la custodia de sus hijos y asistencia para su manutención. Al cierre de la sesión, habrá oportunidad para preguntas y respuestas.  Costo: $30

Nelson A. García, a family law attorney in the firm of Thyden Gross and Callahan, LLP has volunteered for several years at the Commission for Women as a presenter.  Mr. Garcia also volunteers in free legal clinics at a number of organizations including CASA de Maryland in domestic violence, child custody and divorce matters.  He received his J.D. from Boston College Law School and his B.A. in English and Business co-majors from Florida State University.  He is a member of the Maryland and District of Columbia Bar and is currently Secretary of the Maryland Hispanic Bar Association and a member of its Legislative Committee.

Section 9-106 of the Family Law Article of the Maryland Code provides that the Court may, in any custody or visitation proceeding, include a notice provision for intent to relocate in its order.  It is not automatic.  You have to ask for it.

The provision is so that the non-custodial parent has a chance to go to court and seek a change in custody or visitation.

The problem up to now has been that the notice period is 45 days and that has not been enough time to obtain a hearing date.  So the move usually has already happened by the time you get in front of a judge.  The home has been sold.  The kids have been enrolled in a new school.

So Section 9-106 has been revised, effective October 1 of this year, to provide for a 90 day notice period.  And if you file a petition within 20 days of receiving notice, the court will give you an expedited hearing.

TGC Attorneys James J. Gross and Nelson A. Garcia will speak at the Commission for Women tonight at 7:00 pm on Negotiating a Separation Agreement with Your Spouse.

The seminar will include the advantages of an agreement over a contested divorce, what to include in an agreement, tips and tactics, strategies for negotiation, the different stages of negotiation and different negotiation techniques.

The cost is $20.  Call (240) 777-8300 for more information.  The Commission for Women is located at 401 N. Washington Street, Rockville, Maryland.

Paul Simon, in his famous song, told us there must be fifty ways to leave your lover. I wonder if he counted the two new ways we saw on television this week:

1.  Use Your Reality TV Show.

Monday night, John and Kate Gosselin announced their separation and intention to divorce on cable tv.  This came amid months of tabloid speculation concerning extramarital affairs.  The show got its highest ratings ever.  The parties say they are going to split custody of their eight children equally.  The children will stay in the house and the parties will alternate living there in what is called a nesting arrangement.

2.  Call a Press Conference.

On Wednesday, Mark Sanford, 49, governor of South Carolina, held a news conference and announced that he had been unfaithful to his wife.  He had been missing for several days and told his staff that he was going hiking on the Appalachian Trail.  However, a newspaper report confronted him in Atlanta getting off a plan arriving from Buenos Aires, Argentina.  His public confession came just before the newspaper broke the story of his mistress in Argentina.

The prince ran off with his secretary.  The princess sued him for divorce based on adultery and desertion.   She got custody, child support, alimony, lawyer fees, the castle and half the kingdom.  And then they lived happily ever after.

A big mistake that a lot of people make in divorce is trying to keep the house according to an article by Lew Sichelman in the Chicago Tribune.  Indeed in Maryland the court can grant use and possession of the family residence for up to three years from the date of divorce to the parent who gets custody of the minor children.  In other words, keep the kids, keep the house.

But Kelly Lise Murray, lawyer and real estate agent in Nashville, says if you must keep the house, you should obtain an appraisal, a third-party inspection, a termite inspection, and a title search for hidden liens.  Murray also says you should consider the true cost of home ownership, which may include things like lawn care, homeowner’s association fees, replacement of appliances, maintenance and upkeep.

Murray says people tend to underestimate the “ghosts” that go along with keeping the house. The place is often so filled with memories, both good and bad, she says, that “it’s not the family home anymore. It’s a huge lodestone.  If you’re still linked through the house, then you’re not really divorced.”

Dr. Richard Batista, a surgeon in New York, met his wife, Dawnell Batista, when he was working in a hospital and she was training to be a nurse.  They married in 1991 and had three children together.

In 2001, Dawnell needed a kidney transplant.  Richard donated one of his.

A couple of years later, Richard claims Dawnell started an extramarital affair.  She sued for divorce in 2005 and they have been battling it out since then.

Richard, apparently frustrated by a lack of progress in the negotiations, held a press conference and demanded his wife return his kidney.  Alternatively, he will agree to settle for $1.5 million in compensation for his loss.

New York divorce attorneys don’t give him good odds of winning this one.

Source: USA Today