9 Questions To Ask The Divorce Lawyer (Before You Write The Check)

Selecting the lawyer that will represent you is one of the most important decisions that you will make in your divorce case. You should try to find a lawyer who is skilled, competent, and who regularly handles family law and divorce cases. Seek someone who is responsive and willing to communicate with you throughout the divorce process. Ask for recommendations from your friends and family members, but in the end, trust your own judgment.

Schedule a consultation appointment with the lawyer. This will give you an opportunity to evaluate how you are treated by the staff and will give you some time to interact with and interview the lawyer. After spending thirty minutes to one hour with the lawyer, you should have a good feel for whether he or she is the right lawyer for you. One factor that is often overlooked is whether a lawyer’s personality compliments yours. You divorce lawyer is someone with whom you will be sharing many intimate details of your life as well confidential financial information. He or she must be someone with whom you are comfortable and whom you trust.

During the initial consultation with the potential lawyer, you may consider asking him the following 9 questions:

1. Do you specialize in family law? If you needed back surgery, would you go to a general practitioner? Of course not. Likewise, there are many lawyers who are general practitioners that will handle a divorce case. In addition, they take business matters, bankruptcies, criminal cases, etc. That is not the type of lawyer you want handling your divorce case. Ask them what percentage of their practice is divorce and family law matters. If it is not at least 50%-75% (I’d prefer 90-100% if it were my case) of their practice, go elsewhere.

2. What would be the fee arrangement for you to handle my divorce case? Divorce lawyers normally set fees in one of two ways: they either charge a fixed fee for the entire case, or they charge a retainer against which they bill an hourly fee. Make sure you completely understand how you will be billed. A good lawyer will want to make sure that you completely understand and are comfortable with the fee arrangement. If you have any questions, ask.

3. What other costs can I expect? In addition to lawyer’s fees, there are other costs that are typically associated with your divorce case such as court costs, subpoenas, and sometimes such things as private investigator fees, depositions, etc. Ask the lawyer what types of costs are likely to be involved in your case and how much you can expect to pay for them.

4. Will you send me monthly itemized bills showing the time that you spent on my case and the expenses incurred? If you are being charged by the hour, the lawyer should systematically keep you updated with regard to your trust account balance. If you ever have a question about a charge on your bill, talk to the lawyer about it. Address it sooner rather than later. If you are being charged a fixed fee, this is obviously not an issue. You will know up fron what the entire fee is. The only statements you should expect to receive is for costs that have incurred on your case (such as for subpoena fees, filing fees, etc.)

5. Do you have any resources that you can make available to me to help me reduce the pain and expense of divorce? Obviously, going through a divorce can be a very traumatic experience. A lawyer that is willing to educate you about the process and the law affecting your case will help remove some of the concerns that you may have.

6. Who else will be working on my case? Other lawyers, paralegals, and/or staff members will often perform work on your case. You want to be sure that the others work on your case are also competent and experienced. Also, find out at what hourly rate you will be charged for their working on your case, if at all. The hourly rate for less experienced attorneys and/or paralegals should be lower than that of the primary attorney on the case.

7. What efforts will you make to try to settle my case? The majority of divorce cases settle. Some are settled before they ever get to the lawyer (that is to say that the parties have already reached an agreement and the divorce lawyer is only needed to draft the paperwork). Others settle on the day of the trial, in a room outside the courtroom, and still others settle at any stage in between. You want a lawyer who is willing to communicate with your spouse and/or your spouse’s lawyer (if he or she has one), to try to settle the case. Many lawyers will not make a deliberate effort to settle your case, but rather will prepare the matter for trial and only settle it if the other side takes the initiative or if it happens to settle on the day of court. This type of lawyer can cost you thousands of dollars in unnecessary legal fees. Additionally, you should ask what the lawyer thinks about mediation. Mediation is becoming more prevalent in divorce cases [Editor's Note: It is required in most Georgia courts before a trial, or, in some cases, even before a temporary hearing]. If you think that it may be helpful in your case, you should ask the lawyer to explain the costs and benefits associated with mediation.

8. What I can do to keep my costs down? By taking an active roll in your case, there are certain fact gathering steps that will reduce your legal fees. If a lawyer is charging you by the hour, you may be better off gathering many of the financial documents and other information rather than relying on the lawyer’s office to do it.

9. Do you survey your clients to measure their satisfaction? You should not let a negative answer to this question preclude your allowing the lawyer to represent you. Because so few lawyers actually do survey their clients, there are many very good competent lawyers who don’t do this. However, all other factors being equal, a lawyer that surveys his clients to determine their satisfaction, is likely to render better service to his clients as he is more attuned to their feedback.

As you ask the above questions and make a decision about hiring a lawyer, keep in mind that you have a right to expect your lawyer to do the following:

Once you have found a good lawyer, remember that he works for you. Do not be intimidated by him. Do not hand over control of your case without question. The lawyer should be willing to explain the decisions that need to be made during the process of your divorce as well as his recommendations. However, in the end, you are the one who makes the decisions. Ultimately, if you are not satisfied with the lawyer, remember that you have the absolute right to terminate your relationship with him at any time, for any reason. Be careful in doing so, however, if you have a Court date looming. This can cause unnecessary delays or, worse, result in you having to proceed without proper representation.

Source for post: Georgia Family Law Blog

McGreevey Train Wreck Ends

The train wreck divorce trial of former New Jersey Governor Jim McGreevey and his wife, Diana Matos McGreevey, has ended, with the ex-governor largely prevailing. The court ruled that McGreevey would not be required to pay alimony to his ex. McGreevey has been ordered to pay child support in an amount considerably less than his former wife requested. These two folks are poster children for what to try and avoid in a divorce proceeding. The New York Times has the story on the conclusion to this cringeworthy affair:

A judge ruled on Friday that former Gov. James E. McGreevey of New Jersey, who resigned from office after admitting that he had an affair with a male aide, will not have to pay alimony to his former wife.

The ruling by State Superior Court Judge Karen Cassidy granting Mr. McGreevey and his wife, Dina Matos, a divorce ended a frayed eight-year marriage that came apart when the governor stunned the state by announcing on national television that he was “a gay American.”

“No alimony - that’s what I’m talking about,” Mr. McGreevey’s lawer, Stephen Haller, said moments after the decision was read in court, the Star-Ledger of Newark reported on its Web site.

In addition to ruling out the payment of $2,500-a-month in alimony for four months that Ms. Matos was seeking, Judge Cassidy ordered Mr. McGreevey to pay $1,075 a month in child support for their daughter rather than the $1,750 she wanted.

In the stunning decision, which came in the aftermath of a bitter and very public court battle, Ms. Matos was told that she would receive none of the proceeds from Mr. McGreevey’s book, “The Confession,” which described his version of events that led to his resignation in August 2004.

Not long after Mr. McGreevey’s book was published, Ms. Matos came out with her own book about the mariage entitled “Silent Partner.”

The couple will share share custody of their daughter, 6.

Mr. McGreevey, who is a seminary student in New York, maintained that he will only earn $48,000 this year and that he was too poor to pay alimony. He now lives with his partner, a wealthy Australian businessman, in a 19-room house in Plainfield, N.J., with gardens designed by Frederick Law Olmsted.

Even before the ruling was issued, Ms. Matos, who lives in Springfield, issued a statement to The Associated Press. “Although the victimization continues, I am stronger for the experience,” she said.

Mr. McGreevey and Ms. Matos were married in 2000, and he was elected governor the next year. He has another daughter from a previous marriage, which also ended in divorce.

Source: The New York Times

What Are The Grounds For Divorce In Pennsylvania?

A divorce may be granted in Pennsylvania divorce law using either “Fault” or “No-Fault” grounds.

Fault grounds include:
(1) adultery;
(2) bigamy;
(3) imprisonment for two or more years;
(4) confinement for incurable insanity for 18 months;
(5) willful desertion for one year;
(6) cruel and inhuman treatment endangering the life of the spouse;
(7) personal indignities.

No-Fault grounds include:
(1) Irretrievable breakdown of the marriage with the spouses living separate and apart without cohabitation for two years;
(2) irretrievable breakdown of the marriage and the spouses have both filed affidavits they consent to the divorce, and 90 days have elapsed from the date of filing. “Separate and apart” means complete cessation of any and all cohabitation, whether living in the same residence or not, according to Pennsylvania divorce law.

Of these, the “No-Fault” grounds are the most straightforward and easiest to prove.

Annulment
In Pennsylvania divorce law, the court declares the marriage contract broken; in an annulment, the court says that there never was a marriage. Annulment is much more difficult to prove — and is much rarer — than divorce. If you want to go this route, you will definitely need to speak to a divorce attorney. Of course, if you want an annulment for religious reasons, you’ll need to consult with your priest, minister, or rabbi as well.

Documentation
You’ll need to provide your divorce lawyer with the following documentation, in order to proceed with your dissolution under Pennsylvania divorce law. Start gathering everything together as soon as possible so that you can find out what might be missing and submit any requests for duplicates.

Personal Data

• Full addresses and phone numbers of both parties.
• Full names, birth dates, and addresses of all children of the marriage, their school and grade.
• Information about any prior marriage of either spouse, including a certified copy of the divorce decree.
• A copy of any domestic contracts (e.g. a prenuptial agreement).
• Information about any previous legal proceedings between the spouses or involving any of the children.
• Dates and particulars about any previous separations, attempts at reconciliation, or marriage counseling.

Financial Data

• Your previous year’s income tax return, and any related data from the IRS.
• Information about your current income, e.g. a current pay slip.
• A list of substantial assets and liabilities of both spouses.

Housing Reform Package May Not Help Divorcing Couples

The proposed housing reform package may offer some bail-outs for those who have experienced losses as a result of the downturn in the housing market, but it may not offer enough help for average families trying to get out from under overwhelming mortgages, especially if those families are trying to divorce and complete settlement negotiations.

The Foreclosure Prevention Act of 2008, a bipartisan bill proposed by Senators Chris Dodd (D-Conn.) and Richard Shelby (R-Ala.) is intended to head off the nation’s housing crisis. However, divorce financial analysts question whether it goes far enough to help families avoid foreclosure, especially divorcing couples trying to hammer out settlements.

The bill has yet to face a vote in the U.S. Senate. After that, a similar bill must make it through the U.S. House of Representatives. Some highlights of the Senate bill:

• A $7,000 tax break, spread over two years, to homeowners who buy homes in or near foreclosure.
• A tax credit for homebuilders who have experienced financial losses during the past two years.
• A total of $100 million allocated to debt counseling to aid families in avoiding foreclosure.
• Tax-free revenue bonds to help families refinance their mortgages.

But that might not be enough, said Stacy Francis, a certified divorce financial analyst and president of Francis Financial, in New York City. “It’s a great bill in the sense that it is moving in the right direction,” Francis said. “I have to say, though, I don’t think it goes far enough to remove the pressures that couples are facing like high mortgage payments and oppressive taxes.”

Divorce is one of the greatest triggers of foreclosure, Francis said, so many of the families in dire financial straits may be those who are also trying to navigate divorce settlements. ”It helps them give them the tools so they don’t necessarily have to forclose,” Francis said. “Sadly, it doesn’t do enough.”

She said that one of the elements of the bill that was denied was modifying mortgages to allow for lower payments. She said that the provision was removed to avoid mortgage lenders’ responses of tightening standards for granting mortgages, but the caution seems misplaced in light of the fact that the lenders are already increasing their requirements. “The days of the 100 percent financing… those days are gone,” Francis said.

SOME ASSISTANCE IN PROPOSED BILL

Some of the most positive elements of the proposed bill for divorcing couples are the tax deductions for new property taxes because they will offer help after the negotiations are completed and the spouses are setting out on their own, Francis said. The same is true for the tax breaks for those who have bought foreclosed properties, she said, if those buyers are coming out of a divorce.

Another positive allocation is to providing debt counseling services to those facing foreclosure, Francis said.  Divorcing couples whose homes may be near foreclosure can use the counseling to learn how to spend their money more wisely and to reprioritize where their money is going, Francis said. “I think anyone going through divorce, and anyone in general, can have better clarity about their expenses.”

Clients who are in the middle of divorce proceedings tend to respond to the emotional upheaval by spending more money during shopping sprees for nonessential items, Francis said. “It is one of the most traumatic times in your life,” Francis said. “One of the ways people deal with that is spending therapy. Deep down inside they have this unbelievable wound.”

For those people, financial counseling can help redirect their spending to the essentials in their lives, she said. “The number one place people need to be paying their money is paying down their mortgages,” Francis said. “Food is right there, too, and the basics of clothing.”

And if it seems as if foreclosure is on the horizon, then they must consider selling their homes, Francis said. It is one of the most difficult decisions a divorcing couple may have to make, she said, but it may be unavoidable. ”If it’s bad now, what’s it going to be like for you in a few years? I think that’s a real frank discussion that you need to have. A hard one, but a frank one,” Francis said. “People like to keep the home, and you have to make sure you truly can afford it.”

SELLING A HOME TO AVOID FORECLOSURE

For couples who find they can’t afford their mortgages either together or alone, selling is probably the best solution, said Linda Leitz, a certified divorce financial analyst with Divorce Solutions, Inc., in Colorado Springs, Colo. She said she often sees couples in which one spouse wants to keep the house, and needs help doing so, and the other wants to sell the house and get out from under the mortgage. She said the question becomes: Which spouse will bear the heaviest burden and take on an overwhelming mortgage? ”Both people have to share the asset and share the pain,” Leitz said.

She said she is conflicted about the proposed legislation because she doesn’t want to see couples financially ruined by their mortgages, but then she also wants people to take responsibility for the financial straits in which they find themselves. So when divorcing couples are facing the difficult decision about whether to try to save the house or cut their losses, Leitz said, she said the only answer may be to sell.

“I think if they are concerned about it, they may need to do what is considered the worst case scenario for many of them, which is to sell the house right now,” Leitz said. “If they can’t agree on how to share that burden, that that’s what they are going to need to do.”

TOO LATE FOR DIVORCING COUPLES

The proposed package may not even be relevant to divorcing couples, said Rita Medaglio-Barrera, a certified divorce financial analyst and collaborative divorce financial specialist with Paragon Divorce Management, LLC in Smithtown, N.Y. “I don’t think that its going to do much for couples that are in a house that is currently foreclosed,” Medaglio-Barrera said. “That package is really helping the builders, more than the consumers. I don’t see it impacting divorcing couples.”

She foresees the housing rescue package becoming an issue to couples after they have completed their divorce settlements, they have sold their joint home, and they are looking to buy homes on their own. After the divorcing couples have waded through their own debts, when they have split their equities, then they will be considering buying or renting their own homes. She said the lower housing costs, especially the costs of homes nearing foreclosure, will become an asset at that point.

But during that process, Medaglio-Barrera said, the Foreclosure Prevention Act will not offer much assistance. “It’s unfortunate that it won’t be helping as many people as it should,” Medaglio-Barrera said.

Source for post: Divorce360.com

Is April 16 National Divorce Day?

April 16 is National Divorce Day, according to Beverly Pekala, a Chicago divorce attorney who specializes in family law. She maintains that more people file for divorce the day after the federal tax deadline than any other day of the year. Money, she said, is at the heart of the problem.

That’s because on April 15, the deadline for federal tax returns to be filed, many spouses learn about a partner’s financial worth by latching onto his or her tax returns, she said. “What I’ve learned, along with everyone else in this business, is that people wait until their taxes are filed to get a divorce,” Pekala said.

“Lots of times what happens, people who want a divorce come in right after the first of the year and ask their lawyer what they should be doing? “Their lawyer tells them they need financial information and suggest they wait until their taxes are filed. Once their taxes are filed that gives us a starting place. It may not be 100 percent accurate, but it still a good place to start,” she said.

The tax information gives women, in particular, helpful information. “Even in this day an age I had a women the other day that came in to see me about getting a divorce who told me, ‘I have no clue what my husband makes,’” Pekala said. “That’s not so strange because there are still women who take care of the house and kids and their husbands take care of the bills.”

The problem today is that, with direct deposit, online checking and payments and other paperless methods of hiding money, there is no longer a paper trail for the spouse who doesn’t pay attention to the financials. she said. “I had a client who came in yesterday to see me with a joint tax return. I took a look at it and told her, ‘You didn’t tell me you owned property in Florida?’ Her reply was, ‘I don’t.’ ‘Yes you do,’ I told her, ‘according to your joint tax return.’

Then there was the woman who was seeking a divorce and learned for the first time her husband was a high roller in Vegas. “On tax returns today, gambling winnings are shown. Casinos are required by law to report an individual’s winning to the IRS,” Pekala explained. “This client’s tax return showed that her husband had won substantial sums of money in Los Vegas. I said to the wife, ‘You must have enjoyed going to Vegas?’ ‘I’ve never gone to Vegas. I didn’t know anything about my husband having been there before,’ she told me.”

Ginita Wall, director of the Women’s Institute for Financial Education in San Diego, Calif., said Pekala’s comments ring true with her. “Oftentimes I’d find that people who were trying to hid financial information would get an extension and delay filing their tax returns until Oct. 15 to avoid having to produce the damning evidence.”

When an I.R.S. media relations spokesman in Washington, D.C., was asked about the divorce rate increasing the day after the tax deadline, he was clueless. “It’s not something we track,” he said.

He wasn’t the only one flummoxed by Pekala’s opinions. Elizabeth Lehane, a divorce financial planner and tax consultant from Oakdale, N.Y., said, “I’ve been in the financial planning and tax business for 28 years, and April 16, the day after taxes are due, means nothing to me as far as an influx in divorces are concerned.”

{Asked whether she felt, after 25 years as a divorce lawyer she had seen it all when it came to marital relations, Pekala said, “I woke up today and looked on Youtube and discovered someone had made a movie about their divorce. I knew then I hadn’t seen it all.”

Source: Divorce360.com

Life Events Can Cause Problems With the IRS

Did you know that changes in your lifestyle could affect your taxes? When these changes happen, you will need to make adjustments to avoid creating IRS Problems.

Have you recently gotten married? If you have changed your name, you will need to notify Social Security to get your name changed on your card. You will also want to check out community property issues.

Have you recently divorced? Again, if you have a name change, make sure you contact Social Security. You also need to be aware of innocent spouse relief especially if your ex-spouse has IRS Problems. There are child custody tax issues, alimony issues, and community property issues you need to be aware of.

If you have had a change of address, it is important to notify the IRS so you will continue to receive its correspondence. Use Form 8822 (Change of Address) for this notification. If you fail to do this, you might miss a correction notice, an audit notice, or notification of asset seizure. Remember to keep track of your moving expenses, as these may be deductible.

Have you had a child recently or adopted a child? You will now be able to receive child tax credit. Also, did you know you are allowed education credits?

A change in jobs or loss of a job will also affect your tax return. If you work in a job that allows you to receive tips, these need to be reported. If you use your home or car for business purposes, there are specific allowances for these. You will also want to check into cafeteria plans and medical savings accounts.

Have you become a first time homeowner or have you sold a house recently? Both of these processes will give you added tax allowances.

If your life has been affected by a disaster or theft, you may be able to receive tax relief. People with disabilities have specific allowances that apply to them.

If you have retired recently, your IRS status has changed. You will want to check out the allowances you are now able to take.

If you have experienced IRS Problems in the past and have chosen to file for bankruptcy, this will change how you prepare your taxes.

Source: IRS Problem Solver blog

Schwarzenegger Opposes Gay Marriage Ban

In an apparent shift in position, California Governor Arnold Schwarzenegger says that he will oppose any attempt to impose a ban on gay marriage in California. From today’s San Francisco Chronicle:

Gov. Arnold Schwarzenegger told a group of gay Republicans on Friday that an attempt to ban same-sex marriage by changing the state Constitution is a “total waste of time” and promised to oppose such an initiative if it qualifies for the state ballot.

Backers of the measure criticized the governor as a liberal despite his Republican Party affiliation, while supporters of same-sex marriage applauded Schwarzenegger.

Schwarzenegger’s staff said the governor, who has vetoed legislation to legalize same-sex marriage in recent years, has not changed his stance on the issue but simply wants the state Supreme Court to decide the legality of current state law.

Schwarzenegger said Friday he is opposed to amending the state Constitution to ban same-sex marriage.

“I will always be there to fight against that,” the governor said in San Diego at the annual convention of the Log Cabin Republicans, the nation’s largest gay Republican group, as the attendees erupted in loud applause.

The Austrian-born governor drew laughs from the crowd when he added:

“I think we need a constitutional amendment so that a foreign-born (person) can run for president, but not against gay marriage. That would be a total waste of time.”

He made the comments during a brief question-and-answer session with Log Cabin President Patrick Sammon, who asked the governor where he stands on the proposed ballot measure whose proponents are gathering signatures for the November ballot.

That effort continues as the state Supreme Court considers the legality of Proposition 22, an initiative approved by state voters in 2000 that reaffirmed marriage as being between a man and a woman. The justices are expected to rule by early June.

In recent years, Schwarzenegger used Prop. 22 as the basis for vetoing a pair of bills that would have legalized same-sex marriage, arguing he would support the will of the voters. But Julie Soderlund, a spokeswoman for Schwarzenegger, said the governor’s comments on Friday are not inconsistent with his vetoes.

“He has said many times … that people have spoken on the issue. However, if the Supreme Court would overturn the decision, he would enforce the law, and he would not support a constitutional amendment to ban” same-sex marriage, she said.

Although Friday was the first time Schwarzenegger has publicly stated his opposition to the proposed ballot measure to amend the Constitution, he has held that view for a while, Soderlund said.

Karen England, executive director of Capitol Resource Institute, a conservative pro-family group in Sacramento, said Schwarzenegger’s latest statement “confirms what we have known all along.”

“He really didn’t support Prop. 22. … He’s always shown to be a liberal … and it’s disappointing,” she said.

England acknowledged that Schwarzenegger’s opposition to the ballot measure is a strike against the campaign to ban same-sex marriage.

“You never want someone with high-profile, movie-star quality against you,” she said. “But it won’t change the fact that Californians want marriage to be between a man and a woman.”

Proponents of same-sex marriage applauded Schwarzenegger’s stand.

“This is extremely significant, and it’s an enormous event to have our Republican governor come out against this ballot measure, which is opposed by Democrats as well. It makes this opposition a bipartisan issue,” said Geoff Kors, executive director of Equality California, a gay rights group.

Equality California has been actively lobbying the governor to oppose the ballot measure, he said. While Kors hoped that Schwarzenegger would take a public stand on the measure, he said he was pleasantly surprised to hear the governor say the measure “is a waste of time and that he will stand with us in fighting this if it qualifies.”

Assemblyman Mark Leno, D-San Francisco, who wrote the same-sex marriage bills that Schwarzenegger vetoed, said the governor is “without a doubt showing leadership, and he should be applauded for it.”

“What the governor has pointed out is that even though he has not supported our marriage equality bills, one could still oppose a constitutional amendment to ban gay marriage,” Leno said.

Divorce and Life Insurance Planning

Divorce is never easy, and fear of one’s financial future often looms large. Property division, alimony, child support are usually negotiated. Then, if either or both spouses remarry, two or three sets of kids complicate matters.

Careful advisers always delve into the question of life insurance early in the process. What will happen, for example, if the person responsible for the alimony or child support dies? Here are some considerations for clients and their advisers:

Check and adjust beneficiary designations of all relevant policies. Then, six months or a year later, check them again to make sure no mistakes were made. Be sure to include group-life insurance in all such reviews. Do not assume the employer will take care of that. Only you can do so.

Review and adjust policy ownership as necessary. Policies that have built up cash value will be considered an asset that will figure into property division.

If one ex-spouse is entitled to payments for alimony or child support, he or she may want to insure that such benefits will continue even if the payer dies. Life insurance needs to be considered. If it is ordered by the court, it may be best for the beneficiary to own the policy on the life of the payer. If this is arranged, steps should be taken to be sure that policy ownership will revert to the payer at the end of the payment period.

There is often a concern in these circumstances that life-insurance benefits may never reach the children of the former marriage or, in other cases, the later marriage because the primary beneficiary does not see to it. It may be best for the concerned parent to set up a trust funded with life insurance to pay both the bills for these children as well as an intended inheritance.

On a related topic, if an older breadwinner marries for a second time to a much younger spouse, the children of the first marriage may be concerned that they will have to wait a long time for their inheritance that will come only after the death of the second, younger spouse. This can interfere with their relationship with that spouse. Life insurance on the breadwinner, payable directly to the children or to a trust for the children’s benefit, will negate that concern.

Source: The Cincinnati Enquirer

Strahan Appeal Argued

Sounds as if New York Giant Michael Strahan may have had a successful day in an appellate court, if the Newark Star Ledger is to be believed:

The slugfest that is Michael Strahan’s divorce case resumed today in state appellate court, where the football player found a sympathetic ear for his claim that a lower court went too far in awarding his ex-wife $14 million.

Strahan’s attorney, Angelo Genova, used the word “absurd” seven times to belittle a 2007 opinion by Superior Court Judge James Convery, who gave Jean Strahan twice what her husband’s attorneys felt she was due.

Arguing before a three-judge appellate panel in Morristown, Genova said that because the New York Giant failed to set aside 20 percent of his income per year under a pre-nuptial agreement, Convery in effect awarded his ex-wife far more than the agreement ever intended.

Based on questions the judges put to Jean Strahan’s attorney, Ellen Marshall, they appeared to be leaning toward Genova’s position.

“You want to penalize him, essentially, for not creating the 20 percent allocation,” Judge Lorraine Parker told Marshall. “You want to penalize him for that breach rather than reach a remedy that is equitable to both parties.”

Michael Strahan was not in court today, but his ex-wife wife watched from the rear of the spectator gallery.

The couple, who lived in a Montclair mansion with their twin daughters, filed for divorce in March 2005 and fought a nasty battle in a Newark family court the following year.

Convery sided with Jean Strahan in his Jan. 12, 2007, ruling, but the Superior Court Appellate Division stayed his decision two months later pending an appeal. Parker told the two sides today to not expect a quick decision because of the size of the record in the divorce case.

A Super Bowl win and an appellate reversal in the same year. Not too shabby.

Changes In Property Values Complicate Property Settlements

The Financial Times ran the below story in this weekend’s edition, looking at how shifts in the value of real estate can complicate property settlements. While the article focuses largely on how rising values - a thing of the past in most markets in the United States - can change how spouses approach their divorces and how such matters can affect timing, it is no doubt true that now declining values can have an impact, albeit perhaps in different ways, on such issues as well: