Feed: Budget Divorce - South Florida Divorce, Child Custody and Family - AggScore: 50.0

New Sponsorship

Budgetdivorce.com is proud to be a sponsor of Holistic Lifestyles Radio!  Please visit their site to learn more and hear some of our broadcasts concerning Divorce in Florida.

10 Steps to Avoid Losing Your Shirt in a Divorce

Modern divorce is not about who was the meanest or who slept with who and where. It’s about the money. Both spouse’s income and assets are — or should be — on the table. But couples don’t always know a lot about each other’s finances, or where they should look. They might not even realize how much less they’re worth, due to the squeeze on incomes and the housing depression.

Divorce rates fall during hard times because couples can’t afford the split. But for people quitting anyway, the struggle ramps up. Here are 10 tips for getting the most out of a diminished marital pot:

1. Follow the money. If you don’t know much about your spouse’s finances, or aren’t sure that everything is on the table, snoop. Any financial documents can be a clue to income or property: Online bank and investment accounts, life and homeowners insurance policies, payroll and retirement-plan statements, financial statements filed when you took out a mortgage, a copy of the will or trust, credit card statements, and tax returns (if you don’t have copies of them, you can get joint federal returns for the past five years by filing Form 4506-T).

Assuming that you know your spouse’s Social Security number, you can also get his or her credit report free online, at AnnualCreditReport.com. Unexpected debts or charge accounts might show up.

2. Dig into your spouse’s business. Wholly owned businesses are notorious for shielding income from the IRS or from a spouse. Tax returns might not present a full picture of what the company actually earns. If a lot of money is at stake, hire a forensic accountant — your divorce lawyer will know one. The accountant will press for documents that show more fully where all the business assets are and how much cash is floating around.

3. Protect your flanks. You’ll need personal money to tide yourself over during the months it takes to reach a settlement. If your spouse hit you with the split by surprise, he or she is probably prepared, so you’re at a disadvantage. Holding some money separately makes sense in any relationship. So do separate credit cards. Freeze an open, joint home-equity line and joint credit cards immediately, so your ex-to-be won’t be tempted to run up extra debt. In “good” divorces, the freeze should occur by mutual agreement. In bad divorces, one spouse could be left without credit or access to cash.

4. Nail down any money you brought to the marriage. You can normally take inheritances and any pre-marital personal savings away with you, even in a community property state, as long as it stayed in your separate name. If you mixed it into the general pot of assets acquired after the marriage, however, it will probably have to be divided when you separate, in amounts depending on state law. You might get a larger settlement if you can show that your money financed the family business or your ex’s professional education.

5. Go after the pension and retirement accounts. Individual Retirement Accounts, 401(k)s, and company pensions all have to be divided, although not necessarily in half. If you each have plans, both of them are up for grabs.

You can split an IRA with a written agreement, but you need a court-ordered Qualified Domestic Relations Order, or QDRO, to win part of a company plan. The QDRO should say what you’ll get, when you’ll get it, and how the value will be figured. The company has to approve the wording, to be sure that it follows all the plan rules. Otherwise you won’t be paid, no matter what the divorce agreement says.

You’ll need an expert to check the value of a traditional pension. If you can get only a future payout from the plan, you might want to trade it for more cash or property now. If your spouse has stock options, an excess benefits plan, or any other type of deferred compensation, negotiate for a piece of this, too.

6. Don’t expect alimony. At best, a spouse with low or no income will get temporary support. Homemakers — male or female — sometimes think they’ll do better coming into court looking “poor,” says family law attorney Linda Ravdin of the Bethesda, Maryland, law firm, Pasternak & Fidis. All that does, she says, is to leave your ex free to argue that your potential earning power is, say, $80,000 — and what does a judge know about it? You should get a better settlement if you can show that you’ve applied for jobs and will probably earn much less.

7. Fight for health benefits, when you don’t have your own group plan. If your spouse carried the family coverage, you can usually stay in that plan, at your expense (or your ex’s expense, depending on the agreement), for up to three years. Don’t let these benefits (called COBRA benefits) slip away. You have to apply within 60 days of your legal separation or divorce.

8. Get tax advice right from the start, if there’s a lot of money at stake. You’ll want to know what any proposed settlement is worth after tax. There are lots of tricks. For example, say that the child lives with the wife, who takes the child to day care so that she can work. The husband might pay her an amount equal to the day-care cost in the form of temporary alimony. That way, he can deduct the payments on his tax return. The alimony is taxable income to the wife, but she can offset it by taking the child-care tax credit on her return.

9. Get financial planning advice right from the start. How much will you need to support yourself? Can you cover the cost of the house, if you take it as part of the settlement, or should it be sold and the proceeds divided? Is your spouse proposing to give you the risky investments while he or she keeps the safer ones? A good planner will help you think through these issues during the negotiation. One source of advice: The Institute for Divorce Financial Analysts.

10. Put $$$ in your pocket by avoiding a battle with your spouse. In hard times, divorcing couples struggle for every dime. But the more you fight, the more of those dimes vanish in lawyer’s fees. If there are no children and few assets, you can usually do the divorce yourselves, even if you’re only speaking by email. Otherwise, try to reach a preliminary agreement before a lawyer comes into the picture. Consider a divorce mediation professional, or a collaborative divorce where couples and their lawyers agree in advance to bargain instead of going to court. For more information, check the International Academy of Collaborative Professionals or Divorcenet.com.

Divorce, unlike marriage, lasts until death you do part. It’s important to get the agreement right.

5 Tips For A Florida Uncontested Divorce

When going through an uncontested divorce in Florida you can use the Florida divorce forms, prepare the documents without assistance, or have a divorce lawyer or family law attorney prepare the documents. Whichever method you choose, we have five tips to make your uncontested Florida divorce easy and successful.

1. Determine whether in fact your marriage is broken and cannot be repaired.

Nothing is worse than you trying to get a divorce in an amicable fashion while your spouse thinks it can be worked out. When this happens an uncontested divorce will likely take longer or may never happen. This means it will become contested while your spouse puts off discussing the issues you need to resolve.

2. If you have children, discuss who they will live with and who will have visitation.

A carefully drafted visitation schedule should take into account not only the rights of each parent to spend time with the children, but also the children’s schedule, particularly when they are older.  In Florida child custody laws allow both parents to play important roles in their children’s lives and allow for joint decision making about a child’s future.

3. Calculate the child support.

Child support in Florida is based on the parent’s net (that is, after tax) income and the amount of time they spend with the children. Unless the children are spending more than forty percent with the parent who has visitation, the standard Florida child support guidelines apply. More than forty percent time sharing will result in adjustments to said amount. For more information on Florida Child Support please see Florida Child Support Information Page.

There are three important things to be aware of pertaining to child support payments:

First, if you’re the parent paying it and your are not seeing the children for any reason, you cannot stop paying child support.

Second, if you’re the party who should be receiving it, you do not stop or interfere with visitation if the other parent is not paying it. Only the court can determine to stop visitation. Nothing makes family judges more upset than parties playing games with visitation and child support.

Last, it doesn’t matter what your expenses are as far as the court is concerned.  By law child support is the number one obligation you will have; it comes before paying your other creditors, like your credit card and car payments, etc.

4. Take inventory the property you own and debts you owe.

Make a list of both what you own, and what you owe. Sit down with your spouse to decide how these items will be divided. If you both have property or debt from before the marriage, you need to address those issues too.

5. Make and draft an agreement.

Whatever you and your spouse agree on, write it down. This will be your marital settlement agreement which the court will incorporate into your final judgment of dissolution of marriage. Once part of the final judgment that both agree to, it will become an order of the court directed at you, the parties to the divorce.

If you have any questions, get a consultation with an attorney. Doing your uncontested divorce doesn’t mean you have to do without legal advice on divorce, particularly the legal consequences of any decision you want to make regarding your divorce—once you agree to certain things, you may not be able to change them. Rather, uncontested means you and your spouse will not contest or disagree, not that you and your spouse will not know the legal consequences of your agreement; so seek legal advice for divorce.

Florida Child Custody Information

If children are involved in your divorce in Florida you are going to be concerned about the outcome of your child custody request. The State of Florida has one overriding factor in child custody issues and disputes: What are the best interests of the children? This should also be the main concern of you, the parent. Divorce in Florida is a traumatic experience for children and every effort should be made to reduce the emotional effects they feel. You are getting a divorce from your spouse. Remember you are always a parent to your children.

In 2008 Florida divorce laws pertaining to child custody changed drastically. The terms of custody, visitation rules, and primary residential parent / secondary residential parent status were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be the primary residential parent. Florida divorce laws now encourage equal responsibility for every decision made in a child’s life.

For joint child custody in Florida to be accepted it must meet the following requirements:

Time spent with the child is very important. Parents must make time for the child after the divorce. Both parents need to make a schedule giving enough time to the child, and properly see to the child’s needs. Courts in Florida make sure both parents take part in all aspects of raising the child. For this reason time is crucial and each party must make this a priority.

Both parents have equal rights when it comes to child custody. With Florida child custody mothers do not have more entitlement to custody because modern dads want to play an active role in raising their children and are no longer content by acting as merely a provider for the child. The joint custody plan must show this by having balanced, shared time for each parent. Florida child custody dictates that both parents must show a firm commitment in raising their child. This is why for any divorce involving a child this is the first option that will be explored and implemented where possible.

Pitfalls to Avoid in Divorce in Florida Litigation

Unfortunately, many divorce in Florida cases take longer, cost more, cause more pain, and involve more drama than they should. Parties harm themselves by making common, recurring mistakes. Relatively simple mistakes or pitfalls may wreak havoc on the divorce litigation, as well as the parties themselves. There are several pitfalls to avoid.

Selective Disclosure to Counsel

It is never a good idea to withhold information from the attorney providing counsel in a case. Counsel needs to be equipped to handle the information and not be exposed to it for the first time in open court during cross-examination. If there is a possibility the information is germane and relates to the divorce or will be raised by opposing counsel, parties, or a witness, it is prudent to raise the subject with counsel first and strategize how to deal with the information to diffuse any potentially damaging situation. Most attorneys can turn the negative into a positive and take the sting out of the situation if told in advance. An attorney’s ability to do same on the fly is far more limited.

Not Staying Above the Fray

Avoid name-calling, attacks, and verbal assaults against the estranged spouse. The energy expended is wasted and taken away from pursuits such as child custody or finances, where efforts should be more constructively focused and concentrated. Often, the issues raised in attacks are tangential and reflect poorly on the attacker (often more so than on the subject of the attack). Counsel is hired to be the spokesperson for the case, so it is best to limit communications and focus efforts in that manner.

Putting Family Members in the Middle

It is never appropriate nor advisable to involve children in their parents’ divorce. In the rarest instances, when children are of a sufficient age and level of maturity, a judge may decide to consult a child on his or her custodial parent preference. Spouses should not relay messages to one another through children, nor spy on one another through kids. Spouses should not manipulate each other through children, put children in the middle of the divorce and pump them for information or reassurances, play favorites, or anything akin to such behaviors.

Failing to Appreciate Full Financial Costs

A divorce in Florida case, particularly when Florida child custody is concerned, can be contentious, bitter, and protracted. The matter can last a long time and be involved if the parties heavily contest issues. Nickel-and-diming counsel and attempting to limit representation once the matter is underway, or setting unreasonable goals and expectations, is counter-productive and obstructive. It is more prudent to set a budget and have candid discussions with counsel on the front end to ensure expectations are set appropriately and contingency planning occurs.

Surprise? Divorce in Florida Increases Around Valentine’s Day

She loves me, she loves me not.

Oh, who cares? Valentine’s Day was forgotten once again! We’re getting a divorce.

Practicing law might make you a cynical, bitter person. Well, most of us, but that isn’t the point. Valentine’s Day is one of those holidays that cynics love to hate, especially since many Americans feel the need to celebrate with gusto. All the pink and chalky candy hearts get old fast. Divorce apparently doesn’t.

On Valentine’s Day, divorce is probably the last thing you’re thinking about unless you happen to make your money off of other peoples’ heartache and misfortune. The divorce business is booming during the weeks that lead up to and follow Valentine’s Day, with one company noticing jumps upwards of 30%.

So what pushes all of these poor souls into our clutches when they should be pretending to enjoy the company of their spouses?

A few Florida divorce attorneys, each taking a break from scribbling hearts filled with “Valentine’s Day = Divorce = Money” all over their notepads, chimed in on the New York Times‘ City Room.

Apparently February is also “Out Your Affair” month, with misplaced gifts and credit card bills leading to the big reveal. She may tolerate a mistress, but she won’t tolerate a girlfriend, too.

One of those attorneys believes that people associate Valentine’s Day with happiness, and when it doesn’t come, they’re finally ready to get out. A miserable Christmas and Valentine’s Day were tolerable, but to ruin Women’s History Month, too?

My guess as to why, on Valentine’s Day, divorce in Florida is all the rage?

A day of warm champagne and drugstore flowers makes people realize what they’re missing. It’s time to ditch the unremarkable spouses and trade up–for a lawyer.

Divorce in Florida?

If you are looking to go through a divorce in Florida please contact us and speak with one of our Florida divorce attorneys.  We will be glad to help you through this difficult time.

Saving Money During a Divorce in Florida

Going through a divorce in Florida takes time, patience, and money. In this article, we’ll discuss methods to help ease the financial burden of divorce. By using some of our recommendations, you’ll save money and ease the pressure on your pocketbook.

Save money by working out agreements in advance.
Are you and your spouse still communicating? If you can engage in productive discussions about property division, child custody arrangements, parenting time schedules, child support obligations, and even spousal maintenance, then do so. Try to arrive at as many agreements on those issues as possible. If you and your spouse are able to resolve only one issue, say parenting time, then that is one less matter for the attorneys to work through.

The settlement terms that you and your spouse agree to will be reviewed by both attorneys in the family law case. Each attorney will ensure that his or her client’s rights are fully protected, that the agreements are lawful and enforceable, and that the best interests of the children are fully addressed.

Save money by mediating all or some of your disputed issues.
You’ve probably heard of mediation as a form of alternative dispute resolution (ADR). Mediation is a very effective process that can really save you money. Although private mediation involves the expense of hiring a professional mediator and having your attorney present to assist you with negotiations, for most couples the mediation costs less than paying attorneys to litigate those issues at trial.

In mediation, there is no reporting what went on to the court. Instead, it is a purely confidential process. The significant benefit of mediation is that any issue can be mediated, from florida child custody, parenting time, and division of assets and debts, to spousal maintenance. The mediator assists the spouses in moving toward agreement on the matters presented for mediation. It is possible for every disputed issue to be fully resolved through mediation, but even partial resolution on some issues will advance the parties’ case. The fewer issues in dispute, the fewer issues to litigate, the fewer decisions the court will make for the parties.

When mediation successfully resolves issues and is written into an agreement signed by the parties, then the agreement is submitted to the Judge who, absent an objection, signs it as a court order.

Save money by using a financial planner.
Divorce in Florida is a life-changing event for everyone in the family. As such, it is a time when investing money in a financial planner is a good idea and can save money in the long term. A financial planner determines realistic living expenses, estimates educational expenses, predicts retirement needs, and provides the information necessary to present a solid financial picture for the future. By establishing how much money you will need to live independently from your spouse, you’ll also have a baseline for divorce negotiations.

Save money with a financial analysis.
There is always a division of assets and debts in a divorce in Florida. This may be a complex process for some couples, requiring professional asset and debt analysis by a financial analyst, or forensic accountant. The certainty that financial analysis provides allows the spouses to negotiate with actual data. (So they are not relying on gut instinct as to what something should be worth.) With a report from a financial analyst, the spouses will know their true net worth.

Save money by keeping your attorney on the legal matters.
Many people fall into a pattern of using their attorney as a sounding board for non-legal matters, and to some degree that’s understandable. However, a client may come to rely too heavily on the attorney for emotional support. As well-meaning and sympathetic as the attorney may be, that is just not a good idea. For one, it will cost in legal fees. Second, emotional health counseling is not something that most attorneys have any special knowledge about.

To keep your legal fees under control, you need to rely on your attorney solely for legal matters. If you are struggling with the emotional aspects of your divorce in Florida, then consider meeting with a divorce counselor.

In our Florida family law experience, clients who meet with divorce counselors make better decisions than those who don’t. Those who attend divorce counseling early in the divorce process are calmer, more reasoned, and tend to have more realistic expectations and goals. They also tend to be more objective — capable of stepping back from their emotions to see the bigger picture. In a divorce situation, that balanced frame of mind is extremely helpful in getting effective results.

Save money by being your own case assistant.
Make copies of all your paperwork instead of relying on your attorney’s office staff to make the necessary copies for you. Making duplicates and sorting through documents and files takes a lot of time. Take advantage of your special knowledge of the facts and appoint yourself official case assistant. Make sure you know your limitations, and don’t hesitate to ask for direction when you need it. When you understand what must be photocopied, summarized, and organized, there is no reason why you cannot perform the work yourself and assist your attorney’s legal team.

You should get to know your attorney’s legal assistants in short order. When you have a question that’s not about getting legal advice, place your call or send your email to your attorney’s paralegal or legal secretary. This is especially true when you are following up on routine matters, like the status of court filing or court dates.

Lastly, if you have suspicions that your spouse may be hiding assets from you, then do some of your own investigative work by examining bank and financial statements, tax returns, paychecks, and all your joint financial records to discover any anomalies.

If you follow this information you will be able to save money during your divorce in Florida.

What To Look For In a Good Divorce Attorney

What to look for in a good divorce attorney is a common question.  Selecting a reliable divorce attorney can be both energy and time consuming. Normally it involves you researching lawyers carefully, scheduling consultations, and making a selection as to who is the best lawyer for the job. However, enquiring about the lawyer’s service, experience with similar cases, custody fights and trial versus mediation situation can be quite frustrating. Even finding the finances in order to pay the attorney’s fees can be an area of concern. From our experience these are some things tell us they did when hiring an experienced divorce attorney:

Where To Find A Good Divorce Attorney

Some of the best sources to find a good divorce attorney are referrals from therapists, doctors, referral agencies, bar association as well as other lawyers. Ideally you should find three or more divorce attorneys and select from them based on your criteria. When a list of these lawyers has been made, you need to contact them and schedule the first consultation. Based on how well the consultation goes, you can make a decision.

Interviewing the divorce attorney

You have to contact each attorney on your list and ask for the appointments so that you could meet with them all in order to discuss your requirements and feel out the quality of their services. Make sure you find out if you need to bring documents with you when you go for the initial consultation so that the attorney can assess your situation.
As well you have to ask your divorce lawyer about how he or she intends to proceed with your case. Try to get your attorney’s opinion on negotiating with your spouse and if your case needs to go to trial. If you have kids whose custody could become a potential area of controversy, you have to ask your lawyer about the conditions under which joint and sole custody is awarded to the parents.

Costs of the attorney’s services

In relation to the costs of hiring an attorney, the majority of the clients are expected to pay retainer fees. Usually, this fee assures you the lawyer will see your case through till it is resolved. Aside from it, you can be charged hourly rates for each consultation with the lawyer. As well, if someone else is doing the paper work for your case, you will have to be ready to pay assistance services rates. It is quite important to draw up a contract that details all the fees that are involved in hiring the services of a divorce attorney.

When you follow these steps you can accurately analyze which lawyer will be best for your situation.  You can evaluate them on their reputation, case history, how you feel about them, and the costs of your case.  With due diligence you will pick the best lawyer for your situation.

Courthouse Gunman Facing Divorce Case, Domestic Violence, and Contempt Charges

A gunman got into the Broward County Courthouse this morning, aimed the weapon at his chest, and threatened to kill himself this morning before deputies and police were able to talk him down without any violence.

The gunman has been identified as 59-year-old Marin Stroia of Oakland Park, who was reportedly upset about his allegedly at times violent florida divorce case, in which Stroia, who is not an attorney, was representing himself. ​

He entered the courthouse through the exit doors of the main lobby, apparently sneaking in as others were walking out. There is no security at those exit doors, and the incident is leading to much discussion about courthouse security.

Stroia had just been arrested on Friday by the Broward Sheriff’s Office for civil contempt of court, according to courthouse records. He was also charged in 2009 with violating an injunction for protection filed by his wife. That case remains open.

The contempt case is related to the state Department of Revenue and may concern the divorce case. It is believed he had one child with his most recent wife.

Court records also show that Stroia is facing a pending foreclosure on his home he had owned since 1992 in a working-class neighborhood in Oakland Park.

Stroia had just been granted a remodification of his loan, said his foreclosure attorney, Lorene Young. But Young wasn’t sure if he even knew about that yet. She said she knew that Stroia was facing a great deal of stress but was still shocked to learn of this morning’s events.

“The whole divorce case was a nightmare for him,” Young told me. “That poor guy, he felt he got shafted in that case. There have been problems with it, and he’s tried to work through them.”

She said he never indicated any kind of mental instability, other than the great frustration that so many people going through the foreclosure process feel.

“His demeanor when he came in, he was obviously upset over his circumstances,” said Young. “He had owned the house, and he refinanced it after he got married, and then the market crashed. But his demeanor was someone who was more frustrated with the system and the process. I would never have thought he would ever do something like this. He was polite, he was prompt, he was responsive when we asked for stuff, he was very cooperative, and he was very appreciateive. If anything, I’m not surprised to hear it was about the divorce case.”

Ironically, state corporate records show that he owned a security company, Nova Industrial Security, in Pompano Beach until it dissolved in 2008. Prior to that, he also owned a company, Stroia Enterprises, with one of his wives.

​Iris Siple, chief administrator for the Clerk of Court, said that the gunman walked into the main lobby through the exit doors. She said a clerk’s employee, Tamika Thompson, noticed that the man had a gun.

“[Thompson] apparently did hear someone say ‘You went in through the wrong door’ to the man, but we don’t know who that was,” Siple reported. “She saw the man go towards the traffic area near the escalators and sit down on the floor. She was with some attorneys through her window at the time and told them very quietly, ‘Just take your papers and walk away and get out of the area.’ After she had all the customers move out of the area, then she went to

her supervisor, and they removed their employees. Then BSO was notified, and that’s when BSO took over.”

Siple said Thompson’s reaction to the dangerous situation was remarkable. “She’s really something of a hero,” said the chief administrator.

Later, Stroia demanded to talk to a judge, and the nearest one was apparently retired Judge Joel Lazarus. From the Sun-Sentinel:

Filling in for bond court hearings Friday, retired Judge Joel Lazarus said he became aware of what was happening one floor below. At some point he was told that a man needed to speak with a judge.

He started for the escalator but paused when he saw the man with a gun under his chin.

Lazarus said, “I told the man, ‘I won’t go down there until you put the gun down.’”

The judge said the man told him he had one bullet in the gun.

“I don’t want that bullet in me,” Lazarus said he told the man.

Once authorities had possession of the gun, Lazarus said he spoke to Stroia for 10 to 15 minutes.

According to Lazarus, Stroia was distraught about his divorce proceedings and felt everyone “was conspiring against him.”

“He was ranting and raving about his divorce situation, but not incoherently,” Lazarus said. “He needed to vent, he needed someone to listen to his problems.”

After Stroia calmed down, Lazarus promised that deputies would provide Lazarus’ contact information to Stroia so he could write to him about his divorce situation. Lazarus said he promised to pass Stroia’s concerns to Chief Judge Victor Tobin.

Stroia was taken into police custody without further incident.

Could You go to Prison for Snooping Through Your Spouse’s E-Mail?

A 33-year-old Michigan man is facing up to five years in prison for logging into his wife’s Gmail account to verify a suspected affair. The man read through his wife’s e-mails because he was worried that she was seeing a former husband who had a history of getting abusive. The man was concerned about the safety of his child and step-child.

Divorce is a stressful and emotional process. Issues become even more complicated in a divorce when a couple has children. The man is this case was deeply concerned about the well-being of his children during his divorce and child custody battle. Now he faces felony charges for the actions he took to ensure the safety of his daughter and stepson.

The Michigan man and his wife were living together at the time he used a shared laptop in the home to snoop through his wife’s e-mails. The man claims that his wife kept her passwords in a book right next to the computer. “I was doing what I had to do. We’re talking about putting a child in danger,” he said. After reading her emails, he learned that his wife was having an affair with her former second husband.

This news worried the man because the woman’s second husband was arrested before for beating the woman in front of her young son. The father of the boy was the woman’s first husband. The Michigan man decided to share the e-mails with the first husband who then immediately filed an emergency motion to obtain child custody. Both men feared that their children were in danger of being exposed to domestic violence.

The couple’s divorce was finalized earlier this month, but now the man is being charged with felony computer misuse. If he is convicted, he could spend up to five years in prison. However, these charges have sparked much debate in the legal community. In most cases the statute is applied to hackers intending to make money or create mayhem, not in divorce cases. Since the Michigan law is used to prosecute identity theft and stealing trade secrets, it doesn’t specifically address the issue of what happens when the hacked computer is considered to be a marital asset. There is a lot of gray area in the case, but the fact that the computer was shared between the two could help the man’s argument.

The man’s trial is set for Feb. 7. The outcome will certainly be interesting. If the man is convicted, this case could open a floodgate for similar cases across the nation.
Source
CBSNews: “Man Charged in Reading Cheating Wife’s Email,” 27 Dec. 2010