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Last Name.

It started off “Hey cutie, where you from?”And then it turned into “Oh no! What have I done?”And I don’t even know my last name….
-Carrie Underwood

Annulments are rare. In approximately 20 years of practice, we’ve done one annulment. One.

When an annulment is granted, it is as though the marriage never existed. In the Commonwealth of Massachusetts,  at least one the allegations must be proven for an annulment to be granted:
1. Bigamy;
2. Consanguinity;
3. Fraud;
4. Duress in the inducement to get married;
5. Impotence or known lack of ability to have children (with a representation to the contrary);
6. Mental incapacity , which can include being excessively intoxicated:

7. Being under age at the time of marriage.

Where an annulment voids a marriage, it is possible that an individual can represent themselves as never married. We are always curious whether people who get a marriage annulled even disclose their previous situation to a future spouse.

We would love to hear your thoughts on this topic. Do you agree with the idea of annulment in principle? Do you think that a person should have to list an annulled marriage on an application for a future marriage license?

 

 

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Cheetah.



Rewind to about two weeks ago…. pick number three in a draft for a fantasy football league… 60 seconds to make a final decision…

Conventional wisdom would go for Hill but something kept telling me to go for CeeDee Lamb. Given Tyreek’s off the field reputation, my co-owner and I had been discussing for a few days how we felt about drafting him, given the strong potential that he could would not be on the field at some point due to unpredictable legal issues.

Fast forward to the first game of the season and a few hours before kickoff, video started to circulate of Tyreek Hill on the ground, in handcuffs. Selfishly, there was a moment of panic that Tyreek was not playing, but he made it to the field with plenty of time prior to kickoff.

As it often does, sports has provided an opportunity to turn this into a teachable moment in several ways:
1. One my kids did not previously understand that a traffic infraction is not “trafficking.” Big difference there. Apparently, that language distinction was not clear within his friend group text (probably Snap) chain so hopefully they all now understand the distinction.
2. There is also a difference between being “detained” and being “arrested.” When someone is detained, they are being held temporarily, usually for the police to calm a or take charge of a situation; however, the event does not necessarily lead to an arrest or criminal charges. When someone is arrested, they have been charged with a criminal act and will likely be prosecuted. Unless criminal charges follow at some point, Cheetah was merely detained.
3. Life is messy and there is not always an easy answer. There are always two sides to the story and, often, we have to piece together a puzzle. Since the event, the dash cam footage has provided more insight into the event:
Miami-Dade police release body-cam footage of Tyreek Hill being handcuffed and detained (youtube.com).

As always, we are happy to answer any questions that you might have regarding this newsletter or any other legal matters.

Regards,
Faye & John

* This newsletter is dedicated to the Twins, who beat us in the first week. From the basement to the top of the mountain, ladies!

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Civility.

Rhianna & Eminem;
President Regan & Tip O’Neil;
Oscar & Felix;
Snoop and Martha;
Balboa and Creed; and
RBG & Scalia.

We love unexpected friendships and ones that do not necessarily “make sense.”  We have two (2) theories on why these friendships exist:

1. The individuals involved overlook their differences and focus on their similarities; and
2. They appreciate their differences and are open to learning from one another.

One day in 2016, just as the extreme division in our country was becoming more even more evident, someone extended an invitation to engage in an open, candid conversation regarding politics and the overall state of the world.  Although perspectives and beliefs were fairly different, we spoke for hours, exchanging facts, experiences, feelings and perspectives. It is impossible to not recognize how rare these conversations are in the modern world and that is potentially one of the greatest differences between us and our forefathers.

Fast forward to July 17, 2024, just days after a former President of the United States survived an attempted assassination.  It is questionable whether calls for civility have been heard as key board warriors are still active and vicious personal attacks are still in effect.

How many of us can say that we have not lost friends over politics in the last 10-15 years? It is often not the actual difference in opinion, but moreso the inability to engage with an open mind, combined with a general lack of respect or common civility. 

One of the most beautiful, legendary friendships of all times is RBG and Scalia. We happen to post this newsletter a few years back about their friendship:
https://wjslegal.com/category/news/page/2/

If you have read to the end of this newsletter, THANK YOU.  We challenge you to think jump out of your own box, listen to commentators who you typically disagree with and to watch both “On the Basis of Sex” and  “Hillbilly Elegy.”*  

As always, we would love to hear from you regarding this or other matters. 

Warm regards,
Faye & John

** We are in our (Siskel and) Ebert era… both films are currently streaming on a major service and are EXCELLENT.

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Stuck With You.

Can you imagine purposefully living with your ex after you’ve separated? It’s not uncommon for couples to live together during the separation process, but cohabitation after the divorce is final has historically been very rare.

Prior to Covid, we can remember only one couple that lived together post divorce. The husband wanted to keep the marital home but he was unable to buy out the Wife’s share of the equity at the time of the divorce; typically, in this type of situation, the home would have typically been listed for sale but the wife graciously agreed to wait until after her 99 year old father in law, who also lived there, passed or was otherwise relocated. *

While this type of situation is still very rare, some couples do consider some form of cohabitation post-divorce. We recently worked on an agreement where the parties alternated use of the marital home depending on who had parenting time. We’ve also created agreements for parents who intend to live together so that they both could be physically present on a daily basis. While we always love the idea of providing a united front to the children and keeping things are “normal” as possible, we haven’t found any research to support whether these situations are actually in the best interest of the children.

If parties are going to even consider cohabitation post-divorce, there need to be some well established ground rules. How long will this arrangement last? What happens if one person decides that they no longer wish to cohabitate or wants to buy out the other? Who is covering each specific household expense? Who will be responsible for household chores? Will one parent be paying child support during the cohabitation period? Will they be able to problem solve and communicate better once divorced? What will happen when one person starts to date?**

There are a multitude of reasons that people consider cohabitation post-divorce, including:
1. The transition from a two income household is not always easily manageable if both parties are not self sufficient (with or without child support or alimony);
2. One party may have credit issues which may effect their ability to buy or rent; OR
3. Suitable housing may be difficult to find, especially if a person is hoping to remain in the same school district or needs an apartment with more than two (2) bedrooms.

While these reasons (and others) are certainly understandable, the traditional options are still the default: either you list the house for sale or one party buys out the other by giving them a portion of the equity in the marital home.

As always, we welcome your thoughts our newsletter or answer any questions!

Regards,
Faye & John



* In this case, waiting actually increased the value of her equity in the home due to the spike in home values during this period.

** Do you remember this scene from The Break Up? Ironically, this is probably the least uncomfortable and complex situation that might occur:

https://www.youtube.com/watch?v=NoXW_FZtCO4

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