October 2010 News: The Phoenix Family Law News Blog

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October 2010 Archives

Miley Cyrus' Parents Announce Their Divorce

After 17 years of marriage, the parents of pop star Miley Cyrus confirmed that they would be getting a divorce. An obvious question among family lawyers might now be, "Who gets custody of the children?"

People magazine reports that Tish and Billy Ray Cyrus filed for divorce earlier this week in their home state of Tennessee, citing irreconcilable differences. Their famous daughter Miley Cyrus will be turning 18 years old next month, so child custody of the pop singer might not be much of an issue. However, the parents have four other children together, which could turn into a legal issue in family court.

Parents Arrested After Children Found in Home Infested With Cockroaches

It's possible to lose custody of your children if you're living in unsanitary conditions. It's also possible to face criminal charges over the matter.

The Arizona Republic reports that El Mirage police arrested a couple on suspicion of child abuse earlier this week after authorities found that the family kept their home in deplorable condition. The house in the 11500 block of Windrose Drive in El Mirage reportedly had cockroach nests in every corner of the house along with rotting food. A glass marijuana bong was also found inside of the home.

New Program Implemented in West Valley To Serve Protective Orders

Victims of domestic violence will sometimes call a Phoenix family law attorney when they need help filing for an order of protection. One reason why domestic violence victims have difficulties with getting a protective order is because officers and court workers are sometimes not able to track down perpetrators who committed the domestic violence act. Arizona Republic reports that it can be difficult to serve the protective order. The court filing prohibiting the offender from contacting the victim is not effective until the offender receives the document.

Should I Get Divorce Insurance in Arizona?

If you're worried about the financial costs of a potential divorce, The Arizona Republic reports that you can now sign up for divorce insurance. The North Carolina based company WedLock Divorce Insurance provides policyholders with financial assistance in the case of a divorce. So far, company owner John Logan says that a "handful" of people have signed up for an insurance policy. The policies purchased range from $99 to $1,073 per month.

Customers must reportedly be policyholders with WedLock for at least 36 months before they can submit a claim to have their divorce paid for. This is to ensure that couples don't enroll with WedLock knowing that they're looking to immediately get a dissolution of marriage.

Katy Perry and Russell Brand Plan to Marry With No Prenup

Rumors have sparked throughout the media that celebrities Katy Perry and Russell Brand will be having their wedding ceremony this weekend in India, but many family lawyers around the United States are questioning why the two won't sign a prenuptial agreement before the marriage.

The New York Daily Post reports that comedian Russell Brand said he didn't want a legal contract that would protect his assets in the event of a divorce because he wanted to preserve the love in their relationship and "keep it normal."

Paying Child Support In Gila County

While child support laws are generally the same throughout the state of Arizona, some counties and jurisdictions in the state have different rules and procedures when it comes to child support payments and child support enforcement.

The Payson Roundup reports that Gila County in Arizona has become well-known for its efforts in child support enforcement. A report from the Division of Child Support Enforcement of the Arizona Department of Economic Security shows that Gila County ranks No. 1 in the state when it comes to both establishing paternity and the number of legal cases that have child support orders. The Division collected about $5.5 million in child support last year, 63 percent of which came from Gila County child support orders.

Japan Doesn't Usually Recognize International Child Custody Orders

Child abduction may soon become a central foreign policy issue because legislatures say that Japan isn't doing enough to recognize international child custody orders, especially ones from the United States. Stars and Stripes reports that the U.S. House of Representatives recently passed a "Sense of Congress" resolution that calls for changing the U.S Japan Status of Forces Agreement to assist American service members whose children have been kidnapped by Japanese family members.

Dwight Wesley Pleads Guilty To Killing Wife After News of Divorce

We reported in a blog post last April that a Phoenix man had an extreme reaction when he found out that his 46-year-old wife wanted to divorce him. Once he learned the news of the possibility of divorce, Dwight Wesley stabbed his wife Delores Glover to death while she was driving in their car. After the stabbing, the man drove to the Phoenix Police Department headquarters and entered the police station covered in blood. It was there that he confessed that he had just killed his wife.

This murder case is now starting to wrap up. The Phoenix New Times reports that Dwight Wesley pleaded guilty to second-degree murder last week in connection with the incident. The man's sentencing is scheduled for November 8.

Polygamy Experience: Bus Tour Offers Insight on Polygamy Lifestyle

Tourists from around the world are flocking to Colorado City, Arizona to take a bus tour called the "Polygamy Experience." Reuters reports that this four-hour tour costs $70 and takes visitors through the middle of the polygamist enclave on the Utah-Arizona border.

The tour of the community features people that choose to take part in polygamy, having multiple spouses at the same time. But wait, isn't polygamy illegal in the state of Arizona?

There seems to be a trend of more people becoming accepting of gay marriages. The PEW Research Center conducted a poll with 6,000 adults interviewed on the subject and the results were that 42 percent of adults favor same-sex marriage, whereas 48 percent of adults are opposed to this type of union. So while the majority of Americans are still against gay marriage, these numbers show an increase in acceptance. In 2009, polls showed that only 37 percent of Americans supported gay marriage and that 54 percent of Americans were opposed.

Eddie Cibrian Finalizes Divorce

A Los Angeles judge finally signed off on a divorce for the star of CSI: Miami and Third Watch last week, making 37-year-old Eddie Cibrian a free man. According to Associated Press, the actor and his wife Brandi Glanville filed for divorce over a year ago in August 2009 citing irreconcilable differences.

The couple had been married for eight years and had two children together, so issues of child custody and child support were obviously factors in their divorce case. It seems that Eddie Cibrian has moved on from his marriage and is continuing his relationship with the singer and actress LeAnn Rimes, whose own divorce from dancer Dean Sheremet was finalized in June.

Paying Alimony in Arizona

Through a divorce decree, one spouse might be required to pay spousal maintenance to the other so that there can be a safety net for the ex-spouse that cannot provide for his or own financial needs. Spousal maintenance, more commonly known as alimony, is paid separately from child support but is paid in a similar manner.

According to the Maricopa County Superior Court Self Service Center, spousal maintenance payments can be ordered through a wage assignment from the paying spouse's paycheck. This process happens when the court orders the employer of the spouse to deduct the amount of money in court ordered alimony from a paycheck. The employer is then supposed to send this money to the Clerk of the Superior Court. The Clerk of the Court will then record the payment and send the money directly to the former spouse that is entitled to the payment. Self-employed or unemployed people that are ordered to pay spousal maintenance can make payments directly to the Clerk of the Court.

Marriage Trends: Less People in Arizona Getting Married

While there are many people searching for that perfect partner in life, it seems that less and less people are getting married. The Arizona Daily Star reports that the U.S. Census Bureau released statistics on Tuesday that say only 48.4 percent of Arizona residents have listed themselves as married. This may seem like a significant portion of people, but this number reportedly shows a downward trend that has been ongoing for years. In 2005, for example, 53.3 percent of Arizona residents reported being married.