Fort Lauderdale Divorce Lawyer Blog

When you file for a divorce or paternity action in Fort Lauderdale, many times your lawyer will also be required to represent you in a concurrent domestic violence action. A court can issue an injunction for protection against domestic violence when a party is a victim of domestic violence or has reasonable cause to believe that he or she may become a victim of domestic violence. The court must consider current allegations, behavior during the relationship and the entire history of the relationship. In the case of Malchan v Howard, the appellate court in West Palm Beach found that the trial court abused its discretion in entering a domestic violence action.

In July 2008, the mother filed a petition that sought an injunction for protection against domestic violence in Broward. She alleged that in 2005 the father punched a wall in their home, pushed her into the wall, tried to choke her and told her that he would kill her. She did not make any recent allegations of violence or threats of violence.

At the hearing, the mother testified that she was scared of the father since she planned on filing a child support action against him in the future. She admitted that the father had not threatened to kill her or her child since 2005. The mother also testified that she had spoken to the father three weeks ago when he requested a travel with the child to Orlando, a request that she had denied.

The father had a prior criminal history. He did not own any weapons, firearms or ammunition. While he denied the 2005 incident, he saw the mother three weeks prior to the hearing and believed the mother was angry with him since he had a new girlfriend.

After the trial court granted the domestic violence injunction, the father appealed. In reversing the decision of the trial court, the Fourth District Court of Appeal found that there was insufficient evidence to support the finding of an imminent fear of domestic violence. The court reasoned that the mother's only basis for an injunction was an incident 3 years prior and an objective fear of what would happen if she requested child support from the father. In addition, the mother did not allege any recent violence or threats of violence and the trial court neglected to consider that the current behavior of the parties was civil.

Parents filing to establish or modify child support has increased the burden on Florida's marital and family law court system. Child support hearing offices have been working overtime. Unfortunately, the court system can not deal with the increased demand without more employees. However, this seems unlikely given budget cuts in the state of Florida.

A parent in Broward that is trying to establish child support may have to wait up to six months for a hearing. In addition, parents requesting a modification of child support because of wage cuts or unemployment may have to wait up to three months for a hearing. In Florida, child support modification cases, specifically downward modifications, have increased by 50% since 2006. Broward Circuit Court Judge Susan Greenhawt who hears marital and family law cases including, but not limited to, divorce and paternity, believes that these type of cases really need to be heard since generally there is a contempt motion pending at the same time.

In some cases, individuals are unable to afford to hire a child support lawyer in Fort Lauderdale and proceed on their own. They use online forms, question the clerks and often forget important documents at their hearing. At the hearing, they often ask the court to appoint a lawyer since they can not afford one. Unfortunately, they have to do the best they can and often have their cases dismissed until they can present their case properly.

If you file for divorce in Broward, your attorney may suggest that you retain a forensic accountant to value the marital business. However, in these uncertain economic times the values of marital assets are volatile and may fluctuate after trial and before the marital and family court in Florida enters the final judgment of dissolution of marriage. In the case of Mistretta v. Mistretta, the Miami Herald is reporting that First District Court of Appeal ruled that the trial court erred in revisiting the equitable distribution due to the economic recession

In the final judgment of dissolution of marriage entered on August 25, 2008, the trial court distributed the marital business to the Husband, assigned a date of valuation of October 31, 2007 and ordered the Husband to make a one time cash equalization payment of $845,000 to the Wife. The Husband requested a new trial and valuation of the business relying upon the economic recession that began in December, 2007 as "newly discovered evidence." The trial court granted the Husband's motion.

Rehearing or a new trial based upon newly discovered evidence is permitted when it appears that the evidence will possibly change the result if a new trial is granted, the evidence has been discovered since trial, the evidence could not have been discovered before trial by the exercise of due diligence, the evidence is material to the issue and the evidence is not just cumulative or impeaching. The alleged "newly discovered evidence" cannot simply show some change in circumstance since the trial.

Here, the "newly discovered evidence", evidence of an economic recession that began in December, 2007 and operating results thereafter, proves a change in circumstances after the date of valuation and relates to events that took place after trial. In reversing the decision of the Florida divorce court, the First District Court of Appeal held that a cloudy crystal ball is no basis for a new trial. The Court reasoned that when the way that the future unfolds is different than business appraisers assume cannot be a basis for a new trial on the value of a business if trials on such issues are ever to yield final adjudications.

When a third grade teacher recently got divorced, she had trouble explaining the concept to her two children, ages 4 and 7. While the children had some knowledge about a divorce, the wife decided to read books that dealt with child custody matters such as time-sharing, shared parental responsibility and parenting plans in order to help her children understand what their parents were going through. Now, divorce attorneys in Miami-Dade and Broward may recommend that you purchase a book by Kristi Schwartz titled Divorced Together For the Sake of Children. The book was released on January 22, 2010 and may help Florida children understand about a divorce.

Sandy T. Fox, Esquire, a divorce lawyer in Broward and Miami-Dade, represented the Former Wife in an enforcement proceeding in the Florida marital and family law court located north of Fort Lauderdale. The equitable distribution provision of the marital settlement agreement provided that the Former Wife was to receive $141,263.72 from the Former Husband. The Former Husband retained his real property in New York. While no date of payment to the Former Wife was specified in the marital settlement agreement, the final judgment of dissolution of marriage ordered the parties to comply with the marital settlement agreement.

The Former Wife filed a motion to enforce the equitable distribution provision of the final judgment since the Former Husband had only made 5 incremental payments. At the hearing, she testified that she was to receive $141,263.72 upon entry of the final judgment. On the otherhand, the Former Husband testified that the Former Wife was to be paid upon the sale of his New York property.

On appeal in the case of Crespo v. Crespo, the Former Wife argued that the trial court erred in admitting parol evidence as to the intent of the parties. In affirming the decision of the divorce court located north of Ft. Lauderdale, the Fourth District Court of Appeal found that the marital settlement agreement contained a latent ambiguity since it failed to specify the time in which the Former Wife was to receive payment from the Former Husband. The court explained that a latent ambiguity arises when the language in a contract is clear and intelligible and suggests a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.

In affirming the decision of the Florida marital and family law court, the Fourth District Court of Appeal held that when a marital settlement agreement is ambiguous or unclear as to a particular right or duty, the court may receive extrinsic parol evidence for the purpose of determining the intent of the parties at the time of the contract. The court reasoned that when a contract fails to specify the rights or duties of the parties, extrinsic evidence becomes necessary and the trial court can consider parol evidence.

Many times Broward divorce attorneys receive telephone calls from a parent who claims that the other parent has abducted their child. However, many individuals are unaware of the Hague Convention, a multinational treaty that provides an expeditious method to return a child taken from one member nation to another.

The Hague Convention insures the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence. While the Hague Convention only applies to children under the age of 16, it preserves the status quo time-sharing and child custody arrangement that was in place before an alleged wrongful removal or retention deterring a parent from forum shopping to a more sympathetic court.

The United States of America would like Japan to sign a global convention on international parental child abduction. This would assist foreign nationals who are denied contact, access and time-sharing with children by their Japanese former spouse. Japan is one of seven nations that have not signed the Hague Convention.

When you meet with your Fort Lauderdale divorce lawyer, you will ask many questions related to alimony, child support, property distribution and child custody matters such as time-sharing and a parenting plan. However, Broward divorce lawyers are often asked how a client should tell their children that they are getting divorced.

Couples should try to separate before filing for divorce and explain to their children that they have not been getting along very well and want to see if that helps. Never blame the other parent, even if there was an affair or other reason that you are filing for divorce. Once you have your new living arrangements it is important to discuss this with your children since it is important for them to know what will and what will not change in their lives.

It is very important for you to explain to your children that the divorce is not their fault and has nothing to do with anything that they have done. While you should encourage your children to ask questions, it is important to give them time to adjust. Last but not list, have your children meet with a therapist if they are not adjusting well if you observe sleeplessness, clinginess, angry acting out, truancy, depression and drug or alcohol use. If you do not know a therapist for your children, you can always ask your Fort Lauderdale divorce attorney for a suggestion.

Fort Lauderdale divorce attorneys have learned that new research suggests that dealing with a child that has cancer does not generally increase the risk for couples to divorce in Broward. After studying 978,000 married couples, researchers learned that that divorce rates between 1974 and 2001 were not higher amongst parties who had a child that suffered from cancer when compared to other parents. When other factors such as a parent's age and family income, parents who had a child were 4% more likely to get divorced than other parents. However, researchers found that the difference was insignificant in statistical terms.

While there tends to be a general perception that the strain of having a child or spouse with cancer may put couples at risk of a hiring a divorce lawyer in Fort Lauderdale, this perception is an unsubstantiated myth that may add another burden to the people afflicted by cancer. There was no evidence that a child's cancer raised the risk of divorce in general or that parents are more likely to divorce in their child died of cancer.

However, researchers did find an increased risk of 16% in mother's who had a college education, compared with those with only a high school education. The risk for divorce was evident during the first 5 years of the child's diagnosis with cancer. While the reasons for these findings are unknown, further studies are needed to confirm the finding on a mother's education and to tease out the reason's for it.

You may be required to hire a Fort Lauderdale divorce lawyer to enforce your child support award through civil contempt. Civil contempt sanctions are utilized by the marital and family law court to compel compliance with a court order and used to compensate the moving party for losses sustained by the contemnor's willful failure to comply with a divorce court order or judgment that requires him or her to pay child support.

One of the sanctions that a Fort Lauderdale divorce attorney may request is to revoke a delinquent obligors drivers license and motor vehicle registration as a sanction in order to compel payment of your child support. If the court orders incarceration, a coercive fine or any other coercive sanction for failing to pay child support, it is required that conditions be set to purge the contempt, based upon the obligors present ability to pay or comply. Accordingly, the sanction of a driver's license suspension requires the Florida marital and family law court to find a present ability to pay any purge amount set by the court.

When your Broward divorce lawyer files a petition for dissolution of marriage or paternity, there will be a request for child support in their are child related issues such as shared parental responsibility, time-sharing, a parenting plan and child custody involved. A divorce lawyer in Pembroke Pines, Hollywood, Weston or Cooper City can request that the court award health insurance for your child, life insurance to secure the child support award, child support pursuant to the child support guidelines, out-of-pocket and uncovered medical expenses and the cost of private school.

In order to for the Broward marital and family law court to require the payment for the cost of private school expenses as part of the child support award, this must be plead in your petition by your Fort Lauderdale divorce attorney. The court may order the payment for private educational expenses if it finds that a parent has the ability to pay for private school. In addition, private school must be an expense that is in accordance with the family's customary standard of living and in the child's best interest.

After your Fort Lauderdale divorce lawyer has finished your case, you will settle into a new home, organize the time-sharing, parenting plan and child custody aspects of your Florida divorce case and restructure your finances. This can be a trying time for your health and well-being. Researchers have found that 20% of divorced people have chronic health conditions such as heart disease, diabetes or cancer, than those who are married. While the transition to marriage brings an immediate health benefit, if that marriage fails your health can be damaged if you do not take care of yourself.

A divorce in Broward can be very tough on you and your children. It can be very easy to neglect your health and allow it to slide when you and your spouse are fighting about child support and alimony. However, there are many ways to fortify your health during this difficult period of time so that you come out of your divorce feeling stronger and healthier.

It is important to reduce conflict during your Florida divorce. The greater the conflict in your divorce, the greater the chance of physical or mental health problems. Even if your Ft. Lauderdale divorce lawyer does not win all of the aspects of your case for you, it is important to try to enter into a marital settlement agreement as soon as possible so that your children will not be exposed to conflict. Research has shown that children exposed to conflict experience more behavioral and emotional problems.

You should not use crutches such as cigarettes, drugs and alcohol to dampen the pain and distract yourself. Instead, work through this tough time by using healthier distractions such as a therapist, travel and exercise. Do not get carried away with your job. It is important to maintain balance with work, home and leisure activities. It is also important to take responsibility for your own health. You should not forget to make regular appointments with your doctors, dentists and optometrists.

Your Fort Lauderdale divorce attorney may suggest that you meet with a financial advisor once you have received your equitable distribution, permanent alimony and child support. Insofar as divorced women have the lowest levels of income, superannuation and assets compared with married couples and divorced men, good financial advice will help you restructure your budget, cut back on non-essentials and take financial pressure off of your mind.

Do not feel lonely. Reach out to friends and family in order to embrace your new single life. Considering taking up a hobby such as exercise or a sport. Avoid friends that are not helpful during this difficult time period in your life. While friends and family often rally behind us, try not to associate with people who are negative. Instead, choose to associate with friends and family who are positive and uplifting.

The Miami Herald is reporting that Florida's Judicial Ethics Advisory Committee believes that Florida judges should not be friends with lawyers on Facebook or other social networking websites. In the ruling, the committee held that when judges and lawyers are "friends" it creates a conflict of interest. The online friendship could be interpreted that lawyer "friends" are in a special position to influence a judge. However, judges are permitted to post items and links on other judge's social networking websites.

Residents of Broward cities such as Hollywood, Weston, Davie and Plantation may find themselves having disagreements with their spouse over marital finances. With unemployment at an all time high and a depressed real estate market, finance related tension is causing couples to speak to and retain a Fort Lauderdale divorce attorney.

The New York Times is reporting that finance related tension between married couples raises the risk of divorce. A recent study from Utah State University found that couples who disagree about finances one time per week were over 30 percent more likely to get divorced than couples who reported disagreeing about finances a few times a month.

2800 couples were asked, separately, about how often they had a disagreement with their spouse over chores, in-laws, spending time together, sex and money. Several years later, these couples were contacted again and asked if they were still married. Out of all of the items that couples fight over, money disputes were most indicative of a divorce. While wives believed that disputes over finances and sex were good predictors of divorce, they believed that finance disputes were much stronger predictors. For husbands, they believed that financial disagreements were the highest indicator of whether they would get divorced.

Many men and women from Broward that are enlisted in the military may find themselves in need of a Fort Lauderdale divorce lawyer. According to an article published in the USA Today and Sun Sentinel, divorce rates for soldiers enlisted in the Army increased for the seventh year. 10,000.00 married G.I.'s divorced during the fiscal 2009. It is also being reported that 4% of marriages among soldiers failed.

The Army has found that an increasing number of U.S troops in Iraq complain about troubled marriages as a result of long and multiple deployments to Iraq. While the pressures of being away from family is more prevalent for young soldiers, there has been recent affect on senior enlisted soldiers as well.

The Air Force is also reporting a 4.3% divorce rate this years. However, the Army has 100,000 more married troops than the Air Force. The Marines is reporting a 4% divorce rate that has remained steady from 2008 to 2009. While the civilian divorce rate in the USA was recently 3.4%, the total divorce rate for the U.S. military has increase from 3.4% to 3.6% in 2009.

Research has found that soldiers with more electronic access to their families are having more marital problems since they become too involved in their family lives over the internet and telephone. Soldiers find themselves being involved in minor squabbles that can be resolved by their spouse.

Ironically, Florida Statute 61.13002 permits a Fort Lauderdale divorce lawyer to request that the Broward divorce court temporarily modify time-sharing and parental responsibility if a parent is activated, deployed, or temporarily assigned to military service and the parent's ability to comply with the time-sharing is affected. In the temporary order or judgment and if feasible, the Florida marital and family law court is to provide contact between the military service member and his or her child by electronic communication by webcam, telephone and other available means.

Over the past couple years, the concept of alimony has changed and evolved as a result of recent appellate decisions in Florida. Many women who hire an attorney and file for divorce in Fort Lauderdale are now employed, self supporting and earning comparable pay as to their husband. In addition, the average length of a marriage has decreased. Accordingly, the amount of cases in which Broward divorce lawyers have permanent alimony awarded to their client has decreased. Also, the amount and duration of alimony has also been reduced.

The Florida legislature amended Florida Statute 61.14 to permit a payor spouse to seek to reduce or eliminate his or her alimony obligation when their former spouse is in a supportive relationship while remaining unmarried. The court will look at many different factors such as how long the recipient has resided with another person, whether they have pooled their assets or income and the extent to which the recipient has supported the other and whether or not they have jointly acquired any assets or property.

Alimony is based upon the need of one spouse for alimony and the other spouse's ability to pay. However, the days of focusing on the standard of living that the parties have been accustomed to during the course of the intact marriage is not as significant. In the past, a divorce attorney in Broward would hire a forensic accountant to perform a lifestyle analysis. The forensic accountant would analyze tax returns, bank statements, check registers and credit card statements to ascertain a spouse's needs, the other spouse's ability to pay and the historical spending during the marriage. However, gone are the days that a spouse receives alimony which comprises of all of the luxuries accustomed to during the marriage including, but not limited to, spa visits, country club memberships, vacations and clothing allowances.

The Fourth District Court of Appeal, which handles divorce, child support and other marital and family appeals filed by attorneys in Broward and Boca Raton now believes that when there is a high standard of living during a marriage, the purpose of alimony is to provide for the impecunious spouse above the bare subsistence levels, but not to fund every little luxury enjoyed before your Ft. Lauderdale divorce. Marital and family attorneys now have a difficult time including "unnecessary personal expenses" such as computer supplies, gifts and country club memberships as part of a recipient spouse's need for bridge-the-gap, rehabilitative or permanent alimony.

While the importance of many of the statutory criteria to award alimony has now changed, alimony has not been eliminated. If you are going through a divorce in Broward and reside in Coral Springs, Davie, Margate, Miramar or Southwest Ranches, you should speak to a Fort Lauderdale divorce lawyer to determine your entitlement to alimony.