California Divorce and Family Law

Virtual Divorce: Defining the line between fantasy and reality

Online gaming has gone to new extremes.  In a story by the Associated Press, it details how a woman who was mad at her virtual husband took revenge by killing his online character in a game called “Maple Story.”

A Japanese piano teacher has been arrested for the murder of her virtual husband after an abrupt but messy online divorce. The 43-year-old from Kyushu province in southern Japan faces a maximum sentence of five years in jail if she is found guilty of killing off her digital partner.

She is accused of hacking into the profile of a 33-year-old office worker from Sapporo 620 miles away, whose avatar on the Maple Story computer game was married to her character until he unexpectedly demanded a divorce.

The spurned make-believe wife was so angry at being jilted that she logged into the game using her partner’s password and destroyed the character that he had spent a year creating.

The man was so upset at the killing of his vitrual MMORP character that he called the police and reported the killing. The police then put the women in jail on suspicion of illegally accessing a computer and manipulating electronic data, used his ID and password and killed is character. 

Think twice before you decide to take revenge on your virtual spouse by logging into their game account and trying to kill them off. While this isn’t the first time someone has committed such an offense, it is starting to become more common for them to be prosecuted.

 

Online divorcee jailed after killing virtual hubby

By MARI YAMAGUCHI, Associated Press

TOKYO: A 43-year-old Japanese woman whose sudden divorce in a virtual game world made her so angry that she killed her online husband's digital persona has been arrested on suspicion of hacking, police said Thursday. The woman, who is jailed on suspicion of illegally accessing a computer and manipulating electronic data, used his identification and password to log onto popular interactive game "Maple Story" to carry out the virtual murder in mid-May, a police official in northern Sapporo said on condition of anonymity, citing department policy. "I was suddenly divorced, without a word of warning. That made me so angry," the official quoted her as telling investigators and admitting the allegations. The woman had not plotted any revenge in the real world, the official said.

She has not yet been formally charged, but if convicted could face a prison term of up to five years or a fine up to $5,000. Players in "Maple Story" raise and manipulate digital images called "avatars" that represent themselves, while engaging in relationships, social activities and fighting against monsters and other obstacles. The woman used login information she got from the 33-year-old office worker when their characters were happily married, and killed the character. The man complained to police when he discovered that his beloved online avatar was dead.

Is the Housing Slump Making it Easier to Divorce?

 We’ve all heard how the home-mortgage crisis in the U.S.has wreaked havoc in the real estate and banking industries, but now its affect is trickling down into other areas, such as divorce. With more and more consumers facing mortgage-payment increases, the number of foreclosures will likely climb even higher. The housing market slump is now having a major impact on divorce cases – not only how they’re being handled, but the increase in the number of divorces being filed. The financial pressure that comes with an escalating house payment or a foreclosure may indeed be playing a role in breaking up marriages.

Many say it's too soon for a study linking divorce to the country's recent foreclosure woes, but most attorneys and real estate agents probably don’t need a study to validate what we already know: the mortgage-industry crisis is causing an increase in the number of couples who are getting divorced. Real estate agents nationwide have seen the number of listings increase of which many are divorce sales.

In the last few months, median house prices saw their largest annual decline in nearly a decade, while sales for single-family homes nationwide dropped .5 percent with prices down 8.5 percent from a year ago, according to the National Association of Realtors. As shrinking home values, slow home sales and the credit crunch take their toll on American homeowners, splitting couples seeking to sell property are finding themselves in a tougher spot than ever before.

Because there is a whole new aspect of divorce that most couples never had to face in a flourishing economy. But, under the current market conditions, breaking up is harder to do than ever. Many divorcing couples are forced to live under the same roof because they can't afford to move on until their home gets sold. If a house doesn't sell, it can have a major impact on cash flow for child support, where people live, and on future taxes. Another problem being caused by the economic slump is owners who owe more on their homes than they are actually worth.

In many divorces, the family home is the biggest asset to be divided. When couples become involved in a divorce, the disposition of their home becomes the largest issue in the final resolution.  In the majority of cases, the home (if titled in joint name) is considered community property and subject to equal division.  Now, with the housing market in a slump, it is not uncommon for a house to remain on the market for a year, with not even as much as an offer.  Many people are forced into “short-selling” their home which results in little or no profit margin. Divorcing couples have a few different options for dealing with the house:

•   The spouses continue to co-own the house

•  One partner stays in the house and buys out the other partner’s share

• The spouses sell the house and divide the proceeds

If a couple that agrees to split the equity in their home as part of a divorce settlement and it stays on the market for a long period of time, this limits their ability to go and purchase a new home. Rental property rates are skyrocketing and combined with the high cost of living expenses, couples are being forced to continue live in the same house, or one spouse may be stuck in the house with an overwhelming mortgage. Either situation makes it extremely difficult to move on with their lives and gain any closure. And, in order for one spouse to buy the other out, they have to be able to afford it, which many can’t these days. So, the dilemma becomes that one person wants to sell at all costs and the other wants to hold the house until the real estate market rebounds. Once these arguments reach court, judges are being put in the position of becoming real estate analysts.

This leaves me wondering how much more complicated, stressful and time-consuming divorces will become – and I’m sure I’m not alone on this concern.

If you are going through a divorce, the team of  family law attorneys at  Dishon & Block can assist you with settlement negotiations involving the most complex property issues. We regularly handle all aspects of family law and work with clients in Orange and Los Angeles counties. Contact our office to schedule a consultation with one of our attorneys.