February 2012 | Cordell & Cordell

Archives for February 2012

Joe Cordell Discusses With Lawyers.com Judge’s Bizarre Ruling In Facebook Case

 

facebook2A Cincinnati judge ordered a man to make daily apologies to his estranged wife on Facebook after the man posted about how she keeps him from seeing his children, resulting in “probably the most glaring example I’ve seen in recent times of abuse of orders of protection,” according to Cordell & Cordell co-founder Joseph Cordell.

The judge ruled that Mark Byron violated his restraining order by posting a status update on his Facebook page calling his wife an “evil, vindictive woman.” His wife found out about the post, complained to the judge, and the judge ordered Mark to apologize or face 60 days in jail.

Privacy and free speech advocates have assailed the ruling, but Cordell told Lawyers.com that an overlooked issue at play here is the fact that restraining orders are biased, overused, and too easy to obtain against men.

“Every day in courtrooms across America, orders are being issued with very vague allegations, and nothing remotely approaching actual physical abuse,” Cordell told Lawyers.com. And the consequences are deep. “It literally sinks the man’s ship in terms of primary custody in many states. When you place the stakes this high, mere allegation is enough.”

Since an order of protection is written in a way that is much broader than needed, thus leaving wide discretionary latitude for a judge, the result is something that comes out of this bizarre Facebook case, according to Cordell.

“A guy making a statement to a third party, not suggesting or implying any physical harm, but because a judge sees it as harassment or emotional abuse, the court feels it’s in the parameters of a violation of an order of protection,” Cordell said.

Read the full article: “Judge Orders Divorcing Husband To Apologize on Facebook

Joe Cordell On Asset Protection In Cohabiting Relationships

st-louis-post-dispatchWith the decline in marriage rates, and subsequently divorce rates, related to economic factors, more couples are cohabiting as they delay marriage.

But since many states do not recognize “common law marriage,” cohabiting partners are left with little protection in the event of a breakup, Cordell & Cordell co-founder Joseph Cordell told the St. Louis Post-Dispatch.

As Cordell explains, the law treats ex-lovers like business partners dissolving their company: the only thing that matters is what’s on paper.

So if the girlfriend solely owns the house, it does not matter if the boyfriend helped pay the mortgage if there wasn’t a contract listing him as joint owner. He would have no claim to any equity since oral agreements aren’t enforceable in real estate.

Cordell said cohabiting partners could protect themselves through separate contracts, sometimes called “cohabitation agreements.” But this type of asset protection is complicated and requires a family law attorney’s assistance.

Read the full St. Louis Post-Dispatch article on asset protection.

Attorney Jana Palko On The Dangers Of Revealing Too Much Online

Pittsburgh Divorce Lawyer Jana PalkoCordell & Cordell Divorce Lawyer Jana Palko appeared on Pittsburgh radio station 1020 KDKA to discuss how posting too much information online can affect domestic litigation.

The consequences of not being careful online is also listed as one of “The 10 Stupidest Mistakes Men Make When Facing Divorce,” according to Joseph Cordell’s book.

Posting personal information can be used against you in a divorce proceeding, such as if you post information about your estranged spouse on sites like DatingPsychos.com, yet this happens all the time, according to Palko.

“If it’s constant release of information or putting someone in danger you can certainly contact the police,” Palko said.

If it happens during a divorce, your divorce attorney can help you get that information removed. If not, you will have to file a civil action, which can be complicated and pricey. You can also contact the Internet Crime Complaint Center.

To set up an appointment with a Cordell & Cordell mens divorce attorney, please contact us.

Listen to the full audio report below:

Joe Cordell’s State Of The Union Of Marriage

marriage meltdownThe marriage rate is at a record low as more couples are choosing to delay marriage and cohabit instead, according to the Pew Research Center.

Cordell & Cordell co-founder Joseph Cordell discussed this trend on the “Marriage Meltdown” special on KPLR 11 TV in St. Louis.

“There are no laws to protect and men and fathers in cohabiting relationships,” Cordell said. “Bottom line is it’s hard to protect yourself in a cohabitation scenario; there is no stability.”

For those couples that do marry and want stability, prenuptial agreements are becoming more common particularly for older couples with more assets and those on second marriages. The problem is there is still resistance from the younger generation to move forward with a prenup.

“People under 35 traditionally have fewer assets and are just starting out in their careers,” Cordell said, “so it’s harder to persuade them to realize that if they get divorced say 15 years from now, virtually everything they own in this world will now be in a partnership that belongs to the other half.”

 

Joe Cordell Talks Divorce Rights For Men In Wisconsin

Joseph CordellCordell & Cordell co-founder Joseph Cordell appeared this morning on “Outside The Box” with Mitch Henck on WIBA 1310 in Madison, Wisconsin, where he discussed fathers’ rights and took questions from callers about how to protect themselves in divorce cases.

Henck brought up the fact that there are more fathers who do not pay child support to which Cordell replied:

“What becomes publicized is that statistic, but since most guys do not get custody that puts most guys in the position to be paying child support. But what isn’t brought up is guys are consistently denied visitation,” Cordell said. “It’s a chronic issue, but it gets no play. Of course being denied the right to see is children is going to impact a guy’s willingness to hand over money when he knows a good portion of child support probably is not going to the children.”

Mitch Henck radio showCordell added: “If a guy is denied his visitation, he has to get a lawyer, spend thousands of dollars, and spend months in court. By contrast, if a mother doesn’t get paid her child support, she can get a garnishment and get the guy in front of a judge on charges of contempt within days.”

Joseph Cordell On “Outside The Box”: