By definition is a legal divorce, ending a legal process administered legally married is no longer considered viable by one or both spouses. Divorce is also known that the dissolution of marriage. Traditionally, fault-based divorce. In other words, there was a party “innocent and injured and a party that was” wrong “with the” innocent “of Read more
In the latest podcast from Divorce Talk Radio, host and Raleigh divorce lawyer Lee Rosen discusses what impact the new alienation of affection laws that went into effect on October 1, 2009 have on extramarital relationships and answers listener questions about whether relationships that begin after the date of separation are still subject to law suits from the estranged Read more
Michael Jackson’s family is grasping at straws if they think they “have something” on Michael’s executor, John Branca.
According to reports today, the family — egged on by none other than Jackson hanger-on Brian Oxman — thinks they’re going to oust Branca on some kind of technicality. Oxman claims he has some “smoking gun” about Branca being fired by Jackson in 1990 — only to be rehired three years later. In 2006, after over 25 years on and off, Branca and Michael parted company. A week before Michael died, he rehired Branca.
The irony here will be that Brian Oxman is involved. Oxman, who used to doze Read more
Drew Peterson’s defense was dealt a blow Friday when a Will County judge upheld a new law that allows prosecutors to use hearsay evidence against him in his upcoming murder trial.
His defense team, which argued the law is unconstitutional, sought to bar as evidence certain statements and letters Peterson’s third wife, Kathleen Savio, is said to have made before her 2004 slaying in the midst of their heated divorce.
Attorney Joel Brodsky argued the law, enacted in December, allows in unreliable rumor and innuendo and violates the former Bolingbrook police sergeant’s 6th Amendment right to confront his accuser. Furthermore, Brodsky noted the law was passed after the crime was committed and, thus, should not be applied retroactively.
“It is disappointing,” Brodsky said. “It’s a bad law. I hate to even call hearsay evidence, evidence. You can’t rebut it. You can’t question it. Whatever you think about Drew Read more
By Michelle Marcotte
The Nacogdoches Daily Sentinel
Saturday, October 03, 2009
NACOGDOCHES – Kyle Barnhill received the maximum sentence of life in prison and a $10,000 fine Friday for the March 11 death of his estranged wife, Melissa Barnhill, whom he fatally shot while she cooked dinner for their two daughters.
Barnhill was found guilty Thursday, and the jury debated the punishment phase on Friday. He will become eligible for parole in 30 years.
(ENLARGE)
KYLE BARNHILL
In closing statements before the jury left to deliberate for approximately 45 minutes, defense attorney Bill Agnew pointed out several events in Barnhill’s life that led up to the night he fatally shot his wife — bankruptcy, being kicked out of his home and the loss of time with his daughters.
“Mr. Barnhill was in a very, very, very vulnerable situation,” Agnew told jurors, adding that he was not trying to excuse Read more
A Texas judge has given the green light to gay divorce. The judge ruled that two Dallas men seeking to dissolve their same sex-marriage can go forward with the divorce on the grounds that Texas’ ban on same-sex marriage violates their constitutional right to equal protection under the law.
The Texas attorney general argued the court does not have jurisdiction to hear the suit for divorce on the grounds that Texas does not recognize same-sex marriage pursuant to a 2005 state constitutional amendment banning gay marriage. As such, the court cannot possibly grant the two Dallas men a divorce since their marriage is not legally recognized by the state of Texas.
However, the Dallas district court Judge disagreed ruling that the court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction.”
While the attorney for the man who filed for the divorce says his client is “ecstatic”, Texas Attorney Read more
Friday, October 02, 2009
NACOGDOCHES — In the fourth day of testimony in the trial of Kyle Barnhill, the jury handed down a unanimous guilty verdict for the murder of his wife, Melissa Kesinger Barnhill.
After both the prosecution and defense concluded their cases Thursday afternoon, the jury of four women and eight men took only about 20 minutes to deliver their decision to the court. The case promptly proceeded into the punishment phase, which is expected to last through Friday. Barnhill is eligible for up to 99 years in prison for the conviction.
(ENLARGE)
KYLE BARNHILL
Thursday’s court proceedings also included emotional testimony from the defendant himself and from his young daughter, who told jurors of hearing the sound of shattered glass the night her mother died and finding her lifeless body on the floor of their Kings Row Street home last March. Melissa Barnhill was shot through her kitchen window as she prepared dinner for her two Read more
DALLAS (Reuters) – A judge in Dallas ruled on Thursday that the state court on which she sits has the jurisdiction to hear a divorce suit by a gay couple who were married outside Texas where same-sex marriages are banned.
Dallas District Judge Tena Callahan said in the ruling that her court “has jurisdiction to hear a suit for divorce filed by persons legally married in another jurisdiction and who meet the residency and other prerequisites required to file for divorce in Dallas County, Texas.”
Texas Attorney General Greg Abbott immediately said he would appeal the ruling in the latest battle over gay marriage in the United States.
“The laws and constitution of the State of Texas define marriage as an institution involving one man and one woman. Today’s ruling purports to strike down that constitutional definition,” Abbott said in a statement.
“The Office of the Attorney General will appeal the court’s Read more
Dear Lawyer Mark: My husband and me have been talking about getting a divorce. Really, I’m the one that wants it, he don’t.
He told me that if I ever tried to leave him, he would take my kids and get custody.
Now, a friend told me that when she got her divorce, that the first one that files gets to keep the kids and the house. Is that true? I don’t want to lose my kids.
Read more
By VICTORIA GUAY
vguay@citizen.com
Sunday, September 27, 2009
The recession, though “most likely over” according to Federal Reserve Chairman Ben Bernanke, has been affecting more than just people’s jobs.
It has, in some cases, made unhappily married couples more miserable because they can’t afford to divorce.
The number of divorces being filed in court is down substantially, according to the Chicago-based Academy of Matrimonial Lawyers. In November 2008, they polled 1,600 members, who said divorce filings are down by 40 percent.
Most survey respondents, by an almost two-to-one margin, said they typically see a decline, rather than a rise, in the number of divorces during economic downturns.
“For many spouses, the divorce process involves a great deal of long-term planning, and waiting for better economic times is often just another element of the overall process,” said Gary Nickelson, Read more
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