Tulsa Family Law Blog

Cellphones have become immensely popular. They allow virtually instant communication between people, whether by voice or text, allow the sharing of photos and the more sophisticated ones permit access to practically anything that Google can find. Additionally, they are always with us, a constant companion, reminding us of appointments and allowing us to text, tweet or photograph our immediate response to any situation. During a divorce, this may be too much of a good thing.

Divorce attorneys have seen more and more information relating to their divorce, child support or child custody cases arriving in the form of electronic communications sent via a cellphone or smartphone. While it is their immediacy and the omnipresence that makes them so addictive, it is also what makes them so potentially dangerous during a divorce proceeding. 

We always tend to think of the past as being less than today, less busy, less threatened, less intelligent, less pressured, less sophisticated, or less something. The passing of years often sands off the edges, and we develop a sepia toned, soft focus view of history. The reviewer of the movie, "What Maisie Knew" marvels at the insights into the mind of a child provided by the story, which is based on a novel by Henry James. It tells the story of a divorce by a couple from the point of view of their child.

He notes that divorce was much less common in the 1890s and that it is "hard to believe" that James could have had such a "firm grasp" on what divorce looked like to a child. It may help that James is one of the most celebrated writers of the 19th century, and his "Portrait of a Lady" tells the story from the perspective of a young woman, James was clearly talented at adopting other voices as the narrator of his stories.

The U.S. Supreme Court will hear a number of important cases in some upcoming sessions involving "preemption," and these cases could change the way estate planning and divorce cases are handled in the future. Tulsa residents may not be aware of the cases, but they will prove crucial to the legal side of these topics.

Preemption is the idea that one law trumps another. For example, say some decision is made about a case because of a state law; but there is a federal law that contradicts the state law. Determining whether the federal law applies and "preempts" the state law is the idea of preemption.

Everyone marries with the best intentions. You have children, buy a home and build a life together. Then, something happens, and things begin to fall apart. At some point, you realize you are going to get divorced. What do you do with the life you have now? Your divorce is the process of deconstructing your married life, and it is different for every couple.

But some elements are the same. Take for instance your home. If you are like most couples, your home was purchased with a mortgage. While you have a possessory interest in the physical property, the bank or financial institution that holds your mortgage actually "owns" the home. During your divorce, you have to decide what to do with that home.