Divorce

Marriage, Divorce and Immigration

Published on: June 18, 2010 | On behalf of Arnold & Smith, PLLC

In Manhattan, the home of federal immigration headquarters, the future of many couples depends upon whether they can prove to the government that they did not marry solely to acquire a green card for one spouse. If a couple can successfully pass their interviews with the United States Citizenship and Immigration Services, the foreign spouse will become eligible for a green card; however, the actual receipt of a green card requires a separate application and security clearance.

According to an agency worksheet, red flags for immigration interviewers include: unusual cultural differences, a large age discrepancy between spouses, an unusual number of children, and a U.S. citizen spouse with little means. Interviewers also seek evidence of a legitimate marriage, such as the commingling of assets and other joint documentation, and a mental and emotional connection as the result of shared life experiences.

The actual number of green card petitions denied on the basis of fraud is quite small: only 506 of the 241,154 petitions filed by citizens last year were denied. The criminal penalties for perpetrating a marriage fraud are up to five years in prison and a $250,000 fine.

Divorce Attorneys Becoming Facebook Sleuths

Published on: June 11, 2010 | On behalf of Arnold & Smith, PLLC

Before the age of the internet, divorce attorneys used subpoenas and private investigators to glean the truth from opposing parties. Now, with the advent of social networking sites, the first place many attorneys can find incriminating evidence is on Facebook. Social networking discovery skills have become critical for many divorce attorneys who seek to support certain aspects of their cases. Incriminating information gleaned from social networking sites can sway the outcome of alimony disputes and child custody battles, particularly if the information discredits the party in the eyes of the presiding judge.

Eighty percent of attorneys surveyed by the American Academy of Matrimonial Lawyers reported a rise in the number of cases litigated that relied on social media over the past five years. Because Facebook boasts over 400 million users, most parties to litigation are bound to have created social networking accounts at some point in time. However, last week Facebook announced a tightening of users’ privacy settings in response to many user complaints.

National Digital Forensics, Inc., a North Carolina company that mines online media sites for information, reports that requests for social media searches from divorce lawyers have surged recently. The company’s senior investigator estimates that about half the social media cases they investigate expose some form of adultery.

Divorce Predictor #14: You are a female serial cohabitator.

Published on: May 31, 2010 | On behalf of Arnold & Smith, PLLC

Women who have lived with more than one partner before their first marriage are 40 percent more likely to get divorced than women who have never cohabitated prior to marriage. Although cohabitation seems like good practice for married life, it can tend to make living together during marriage seem less permanent. According to the Brown University Population and Training Center, a marriage preceded by cohabitation has a better chance of success when the couple became officially engaged prior to moving in together.

Divorce Predictor #13: Your children are multiples.

Published on: May 29, 2010 | On behalf of Arnold & Smith, PLLC

If you have twins or triplets, your marriage is 17 percent more likely to end in divorce than parents of children who were not multiple births. According to the Twins and Multiple Births Association, multiple births create money woes within families, which induces stress in the household.

Divorce Predictor #12: You have been diagnosed with cancer.

Published on: May 28, 2010 | On behalf of Arnold & Smith, PLLC

Women who have been diagnosed with cervical cancer have a 40 percent likelihood of getting divorced, whereas men who have been diagnosed with testicular cancer have a 20 percent likelihood. Norwegian Cancer Registry researchers suspect that these statistics exist because these two types of cancer affect sexual activity and afflict mainly younger people. Conversely, breast cancer survivors, who are typically older, are 8 percent less likely to divorce.

Divorce Predictor #11: You are of “below average” intelligence.

Published on: May 25, 2010 | On behalf of Arnold & Smith, PLLC

According to the Delaware-Johns Hopkins Project for the Study of Intelligence and Society, a person of “below average” intelligence is 50 percent more likely to be divorced than one of “above average” intelligence. Spouses with IQs of 100 have a 28 percent probability of divorce in the first five years of marriage, as compared to a 9 percent probability for those with IQs of 130 or higher.

Divorce Predictor #10: You are a woman two or more years older than your husband.

Published on: May 20, 2010 | On behalf of Arnold & Smith, PLLC

If a wife is two or more years older than her husband, her marriage is 53 percent more likely to end in divorce than if her husband was one to three years younger. According to the Melbourne Institute researchers, wide age gaps between spouses can create many problems, including sexual discord. Because our society is focused on personal satisfaction and happiness, marriage partners are less likely to be satisfied with one who is not their chronological or physical equal.

Divorce Predictor #9: You and your partner have been in previous marriages.

Published on: May 18, 2010 | On behalf of Arnold & Smith, PLLC

If both spouses have had previous marriages, they are 90 percent more likely to get divorced than if they are both in their first marriage, according to the Melbourne Institute of Applied Economic and Social Research. Although a great deal of data indicates that second marriages should be statistically more successful that first marriages, serial marriers (think Elizabeth Taylor) skew the statistics.

Divorce Predictor #7: You are not religious.

Published on: May 11, 2010 | On behalf of Arnold & Smith, PLLC

According to the Barna Research Group, atheists have a 30 percent divorce rate, compared to a 38 percent chance for non-Christians. Conversely, evangelical Christians have a 26 percent likelihood of being divorced, compared to Catholics at 28 percent.

Divorce Predictor #5: You are the only smoker in your marriage.

Published on: May 3, 2010 | On behalf of Arnold & Smith, PLLC

If only one partner in a marriage is a smoker, the couple is 75 to 91 percent more likely to divorce than married partners who are fellow smokers. According to a study conducted by the Melbourne Institute of Applied Economic and Social Research, the more similar people are in their values, backgrounds, and life goals, the more likely they are to have a successful marriage. Many dissimilarities between partners can increase their divorce risk, from age to ethnicity to unhealthy habits such as smoking.