Case Studies In Family Law, Divorce & Child Custody

The father, a high tech computer expert, had taken it upon himself to bug the entire house, including the phones and home computer. At the same time, the mother discovered hard core pornography on the home computer, a click away from the children’s Disney games. The computer was forensically downloaded by a computer consultant and a private investigator was hired to de-bug the home. With all of the evidence of the father’s dysfunctional behavior, a parenting plan was reached in mediation in which he agreed to go for a deviancy evaluation and went from supervised visitation to weekend visits over the course of many months.

Family finances

Family finances are dealt with separately from the divorce process. In order to ascertain the full value of the family assets, both Robert and Phillipa should undertake full financial disclosure. It is important to note that the division of family finances is unaffected by the reasons for the breakdown of the marriage save for in very specific circumstances such as severe financial misconduct. The starting point is an equal division but various additional factors will then be taken into account to determine what a fair settlement might be.

Divorce

Either party could file a petition for a divorce but as John wants a divorce he could file a petition for divorce on the basis that the marriage has irretrievably broken down. To prove this he will have to show one of five facts: adultery, behaviour, two years separation with Emma’s consent, five years separation without Emma’s consent, or desertion. John could issue the petition now based on Emma’s behaviour which be finds unreasonable and intolerable to live with and he would have to give examples of this behaviour. This could be difficult for Emma to accept but they could agree the wording of the petition before it is issued. It is difficult and expensive to contest a divorce petition once issued at court. As Emma has reluctantly agreed to divorce, she can negotiate the wording of the petition rather than defending the proceedings.

Once the petition is issued, Emma will be served with a copy and she will need to file a form at court called an Acknowledgment of Service which she must complete and return to the court within 7 days of receipt. Once John has made an application for the first divorce order, the court will firstly pronounce the Decree Nisi (interim decree of divorce) and six weeks and one day later John can apply for the Decree Absolute (final decree of divorce). The Decree Absolute is often delayed until after an agreement has been reached about the finances.