Fort Lauderdale Divorce Lawyer Blog

According to cnn.com, couples who are engaged are doing what they can to fight off the alarming divorce rates. Nowadays, young couples are reluctant to get married. But, experts now believe that premarital counseling may be beneficial. Engaged couples are taught to discuss topics such as finances, religion, children and sexuality.

During your first marriage, there is a 50-50 chance that you may hire a divorce lawyer in Fort Lauderdale. While many couples believe that the highest indicator of a divorce is conflict, the true number 1 indicator is avoidance of conflict. While many married couples accept that marriage is hard work, some engaged couples have decided to attend premarital counseling to prevent future problems before they tie the knot.

Psychotherapists have seen an increase in their premarital counseling practice and the sale of premarital books. Experts believe that this is a result of couples having a darkened view of marriage since they hear about the effects of a divorce all of the time. The benefits of premarital education is that it provides greater knowledge and relationship skills for contemporary marriages to succeed so that couples do not reach the point where they need to hire a divorce attorney in Broward.

In Sootin v. Sootin, the former husband and former wife divorced in Miami-Dade in 1998. The former husband was obliged to pay the former wife permanent alimony. During 2008, the former husband sought to modify or terminate his alimony obligation. The former wife successfully moved to dismiss the petition since she now resided in Tennessee.

Next, the former husband moved to Tennessee and filed a petition to register and modify the divorce decree previously entered in Miami-Dade. After the former wife moved to dismiss the petition for a lack of subject matter jurisdiction in Tennessee, the Miami-Dade court, after consultation with the Tennessee Court, transfered the case to Tennessee. The former wife appealed this order.

In reversing the trial court's transfer order, the Third District Court of Appeal held that the Miami divorce court erred in transferring the case to Tennessee. The court reasoned that Florida, under the Unified Interstate Family Support Act (hereinafter "UIFSA"), had continuing exclusive jurisdiction over the alimony order throughout the existence of the obligation.

Under UIFSA, a child support or alimony order issued in Florida can be registered in a foreign state for enforcement. However, the court of the foreign state is required to ask the court who issued the original order to consider either party's request for modification of the registered alimony or child support order in the issuing court that had original jurisdiction.

Fort Lauderdale divorce attorneys can file a petition to disestablish paternity and terminate a child support obligation if a male is not the biological father of a child. The petition must contain an affidavit that newly discovered evidence has become available since the original paternity or child support determination and an affidavit acknowledging that the child support obligation is current or has been substantially complied with and that any arrearage is a result of inability for just cause to pay the child support. Last but not least, a Broward marital and family law lawyer must plead that scientific paternity tests administered within 90 days prior to the filing of the petition prove that the male is not the biological father. Alternatively, an affidavit can be filed advising the court that the mother has prevented access to the minor child and that the court should order all interested parties to submit to DNA testing.

In Aulet v Aulet, the former husband appealed the Miami trial court's order that dismissed his petition to disestablish paternity and terminate child support as a result of his failure to include scientific paternity tests administered within 90 days prior to the filing of the petition. The former husband was the father of three minor children pursuant to the final judgment of dissolution of marriage entered in December 2003. On April 5, 2007 and May 1, 2007, he had two DNA tests performed on one of the children. The DNA testing results revealed that there was a 0% chance that he was the biological father of one of the minor children.

The former husband's petition did not contain an affidavit stating that he did not have access to the minor child to perform the DNA test within 90 days prior to the filing of the petition or that the trial court should order DNA testing of the minor child. Rather, the former husband alleged that that former wife refused to allow him access to the minor child since May, 2007. In affirming the decision of the Miami-Dade divorce and paternity court, the Third District Court of Appeal held that the plain language of Florida Statute 742.18 mandates that when a movant relies upon DNA tests administered prior to the filing of a petition, the tests must have been administered within 90 days prior to the filing of the petition.

According to cnn.com, the Miami Heat's newest basketball player, LeBron James, is being sued in federal court for allegedly denying paternity by committing fraud and misrepresentation against the alleged putative father. The putative father is requesting DNA testing to ascertain whether or not he is the biological father as well as $4 million in damages. The biological father, Leicester Stovell, claims that he engaged in sexual relations with Gloria James, the mother of Lebron James, during 1984. Mr. Stovell claims that he filed the lawsuit two weeks ago since the statute of limitations is close to expiring. It is unknown whether or not a Miami divorce attorney or paternity lawyer has been consulted or retained.

Divorce attorney's in Miami, Coral Gables, Hallandale, Plantation and other South Florida cities are preparing for a statutory overhaul regarding legislative modifications to the statute governing alimony. One of the most significant changes is the codification of bridge-the-gap alimony.

Bridge-the-gap alimony assists a party in making the transition from being married to being single. It assists a party with identifiable short term financial needs. A marital and family law judge may not award bridge-the-gap alimony for a period in excess of 2 years. Bridge-the-gap alimony terminates upon the death of either party or upon remarriage of the party that receives alimony. Last but not least, bridge-the-gap alimony is non-modifiable in amount or duration.

Another important change to alimony relates to rehabilitative alimony. Rehabilitative alimony assists a party in redeveloping previous skills or credentials. It also helps a spouse acquire education, training or work experience necessary to develop employment skills. In the Final Judgment of Dissolution of Marriage, the court must detail a defined rehabilitative plan. A party may modify or terminate rehabilitative based upon a substantial change in circumstances or compliance with the rehabilitative plan.

Next, durational alimony will be used by courts when permanent alimony is not appropriate but a party needs economic assistance for a period of time after a short or moderate term marriage. A recipient of durational alimony can not receive this alimony for a period of time that exceeds that of the marriage. While the length of durational alimony is non-modifiable absent exceptional circumstances, the amount can be modified once there has been a substantial change in circumstances. Durational alimony terminates upon the death of either party or if the recipient gets remarried.

Finally, permanent alimony can be awarded after a long or moderate term marriage. It is generally used to provide for the needs and necessities of life established during the marriage for a party who does not have the financial ability to meet his or her needs. An award of permanent alimony can be modified or terminated based upon a substantial change in circumstances or if the recipient is involved in a supportive relationship. Permanent alimony alimony terminates upon the death of either party or if the recipient gets remarried.

The Miami Herald is reporting that Tiger Woods and his wife have many different options if they decide to file for divorce in Florida. Their personal financial information may be kept away from the public eye if agreed to by both parties. In order to pay the least amount of taxes, Mrs. Woods would likely file for divorce in Florida rather than where the parties own additional homes in Sweden and California. In light of the fact that Florida is a no fault divorce state, they would only need to inform the Florida marital and family judge that the marriage is irretrievably broken.

In order to keep their divorce confidential, they could file for their divorce in any county in Florida. It is most likely in the best interest of the children if the court balances the public right to know and the privacy of the Woods family in disclosing details of the case. However, divorce lawyers in Miami believe that it would be difficult to conceal the location of the divorce filing in Florida since a clerk of court could easily divulge this information.

While Tiger Woods and his wife would be required to file a child support guidelines worksheet and financial affidavits listing their income, assets and liabilities, a judge may seal financial aspect of the case to keep it away from the public eye. However, this will really depend upon the judge who is assigned to the case.

If the parties have not signed a prenuptial agreement, the wife would be entitled to one-half of Tiger Wood's assets. While Elin Wood's divorce lawyer would try to get her as much cash as possible, Tiger Wood's lawyer would try to broker a deal quickly and quietly. Nonetheless, divorce attorney's in Miami-Dade believe that the parties most likely executed a prenuptial agreement prior to the marriage and, with any divorce settlement, would execute a confidentiality agreement which would prevent the wife from disclosing any details of the divorce.

Divorce attorneys in Broward are often told by clients that the sex life with their spouse is troubled or virtually non-existent. While many clients first seek marriage counseling instead of alimony, child support and child custody in the Fort Lauderdale marital and family court, some focus on improving their sex life by taking Viagra. However, the Sun Sentinal questions if Viagra can lead to the filing of a divorce petition.

Viagra is an erectile dysfunction drug that has been sold in Florida for a period of 10 years. According to a report from the Harvard School of Medicine, while Viagra can resolve erectile dysfunction it can also cause other problems in a marriage if the man no longer feels a sexual desire for his wife. If the parties are both aware that the man is taking Viagra it may benefit the marriage.

Some women report that the increased sex drive by the man can become problematic. While many men use Viagra, they neglect to talk with their partner about how the medication should be utilized to maximize the sexual benefits of the relationship. Experts believe that Viagra is not the only problem in a marriage if a divorce is caused by sex or if a husband is having and affair.

When a client meets with their Broward divorce lawyer, nine times out of ten they will ask if they will have to pay alimony or if they will receive alimony. Effective July 1, 2010, there will be significant revisions to Florida law governing alimony. The amendments apply to all initial awards and modifications of these awards entered prior to July 1, 2010. However, the statutory amendments will not serve as a basis to modify alimony awards or change the amount or length of alimony awards entered before July 1, 2010.

The Florida marital and family court will now consider three additional statutory factors when awarding alimony. First, the court will consider each party's responsibilities for children of the marriage. Next, the court will consider the tax consequence of the alimony award and whether all or a portion of the award should be nontaxable and nondeductible. Finally, your Fort Lauderdale divorce lawyer will now have the ability of presenting evidence of all sources of income available to either party from investments and assets.

Another significant change to Florida's alimony law are the statutory presumptions regarding length of marriages which will help the court determine which type of alimony is the most appropriate. A short term marriage is now considered a marriage that is less than 7 years. A moderate term marriage is a marriage greater than seven years but less than 17 years. Last but not least, a long term marriage is a marriage that is in excess of seven years.

In my next blog, I will discuss the statutory codification of bridge-the-gap alimony, changes to rehabilitative and permanent alimony and the newest form of spousal support., durational alimony.

Many divorce lawyers in Fort Lauderdale often wonder why long term marriages with history and commitment, children and grandchildren often wind up in the marital and family law court. One half of all divorces take place during the first eight years of a marriage. When considering data compiled from the US Census Bureau from 1955 to 1994, 25% of parties have been married for at least 20 years and 4% of the divorced couples have been married at least 40 years.

Couples who enter into their 60's no longer view themselves as old. They are often optimistic about their future and are willing to change a situation that makes them unhappy. Sometimes a long term marriage runs its course because there is not enough attention, time, empathy and play. Other times people look at each other and wonder who the other person is since they remained married until their children entered university. However, married couples in Broward who wait to hire a divorce attorney to file often find themselves in a highly contested divorce since they have had time to build up their assets.

Women in long term marriages tend to be the party that initiates a divorce. Men often hesitate because they are comfortable with their wife. In a long term marriage you must stay connected, keep things fresh and remain interested in your partner. However, this is sometimes easier said then done.

According to Foxnews.com and CNN.com, a recent survey of top divorce lawyers indicates that more clients are coming to divorce court with evidence from Facebook which would lead one to believe that there spouse may be cheating. Facebook allows couples who are in an unhappy marriage to look beyond their neighbors and co-workers for a fling. Some client's have found love notes in their spouse's Facebook account. However, often friends, neighbors and children learn about an adulterous affair. If you believe that their is electronic evidence on your spouse's computer indicative of an affair, it is important to discuss this with your Ft. Lauderdale divorce lawyer.

In Purrinos v Purrinos, the wife appealed the decision of the Miami-Dade divorce court that failed to award her any type of alimony. The parties were married for 16 years. At the time of the dissolution of marriage action, the husband and wife has three young children. The only marital asset was the marital residence. While both parties were employed during the marriage, the husband earned more than the wife. At the trial, the husband testified that he was involuntarily and temporarily employed. However, he expected to find a new job in the future.

In reversing the decision of the divorce court, the Third District Court of Appeal held that the trial court abused its discretion in failing to award the Wife alimony. The court reasoned that while an alimony award was inappropriate at the time of trial because of the husband's inability to pay at that time, he may possess the ability to pay alimony in the future. Accordingly, the case was remanded to the trial court with instructions to award the wife a nominal amount of permanent periodic alimony.

Your Fort Lauderdale divorce lawyer should join you and your spouse's corporation as a party to your dissolution of marriage case if you are requesting the transfer of any of the corporate assets as part of the equitable distribution. In the event that the corporation is not a party to your action, the marital and family law court does not have jurisdiction to order that corporate assets to be transferred to you as part of the equitable distribution. In addition, if your spouse is ordered to transfer a corporate asset to you, you may not be able to have the corporation do so and then you would be left with no recourse. Another reason that a corporation owned by you and your spouse should be joined as a party is when both parties have access to the corporate books, checkbooks, bills and personal expenses are paid by the corporation

Joining a corporation is not necessary when a party is not requesting a claim against the corporate entity or an unequal distribution in any of the corporation's property. In the event that your divorce lawyer in Broward does not join you and your spouse's corporation, the Florida marital and family law judge can still prevent the disposal of corporate assets or corporate stock to a third party.

The purpose of civil contempt is to obtain compliance with a child support, alimony or general court order and can only be used when the contemnor has the ability to comply.
First, your divorce lawyer in Fort Lauderdale must have the court determine whether the defaulting party has willfully violated the court order. Next, the court must determine the appropriate remedial measure. If the Florida marital and family law judge orders that the contemnor is to be jailed, the court must make a specific finding that he or she has the present ability to pay the purge.

In Aburos v Aburos, the former husband appealed an order finding him in indirect civil contempt and requiring him to be incarcerated which was entered by Miami divorce court Judge Amy Steele Donner for failing to pay the former wife alimony and child support pursuant to the Final Judgment of Dissolution of Marriage. Specifically, the former wife asked the trial court to find the former husband in contempt of court for his failure to pay $1,700 per month for permanent periodic alimony and $1,693 per month in child support.

At the hearing, the former husband alleged that he has $52 in his bank account and a car worth $1,350. He also testified that he earned $2,160 per month working in his sister's retail store and lived in his sister's apartment. It was also revealed that while the former husband had access to the store's bank account which contained $25,000 and a signature stamp used to pay normal business operating expenses, he was not authorized to issue checks or withdraw funds for his personal use.

In reversing the decision of the trial court, the Third District Court of Appeal found that the former husband did not have the present ability to pay the $25,000 purge. The court reasoned that the former husband's ability to pay was based upon his access to his sister's bank account and his sister's present ability to pay the purge. The court further stated that the trial court erred in relying upon the good fortune and resources of the former husband's family member since the former husband was not permitted to legally use his sister's bank account for his own personal purposes.

Interfaith separations in Fort Lauderdale can cause a contentious debate in may religious communities such as Plantation, Hallandale Beach, Hollywood and Pembroke Pines. When a divorce becomes combative, divorce attorneys are often faced with a client that is non-negotiable regarding the religious upbringing of their child and the religious directives of their parenting plan. Clients often look to use anything and everything against their spouse or former parter when they are involved in child custody litigation during their divorce or paternity case in Broward.

Religious differences in how a child should be raised is an obvious tool that may be used by a litigant because of the significant differences in the both of the clients beliefs. While couples who come from two different religious backgrounds negotiate and are motivated to reach a resolution because they are in love and want to get marred, the motivation during a divorce should be the best interest of the child.

An extended family member such as a relative in the third degree by blood or marriage to the parent of a stepparent of a child currently married to a parent may have a lawyer file an action under Florida law to seek temporary custody of a minor child in Broward. This is intended to provide a legal means for a statutorily defined family member to acquire the necessary legal documentation to permit them to provide for the minor child under for whom they are caring for by allowing them to consent to medical treatment, to obtain copies of school records and to enroll the minor child in school.

In a recent case from the Fourth District Court of Appeal, Mohorn v Thomas, the grandmother appealed an order entered by Broward marital and family Judge Marina Garcia-Wood. The trial court denied her petition for temporary custody. Judge Garcia-Wood found that the father's name on the birth certificate was insufficient to establish paternity and that the father was required to file a paternity action to establish or ratify paternity before temporary custody of an extended family member could be sought by an extended family member.

The minor child's birth certificate listed Sylenia Danielle Thomas as the mother and Ronnie Kennedy as the father. One year after the minor child was born, the mother and father executed a document that gave all rights and legal guardianship of the minor child to the paternal grandparents.

In reversing the decision of the trial court, the Fourth District Court of Appeal held that trial court erred in requiring the father to file a paternity action before it could make a ruling on an extended family member's petition for temporary custody of the minor child. The court found that the establishment of paternity was sufficient to render the father a parent and the paternal grandparents extended family members under Florida Statute Chapter 751.

Here, the father signed a voluntary acknowledgement of paternity at the hospital when the minor child was born. When the father signed the voluntary acknowledgement of paternity, he was advised of the consequences of signing this document and the mother signed the document as well. Additionally, the father again acknowledged paternity when him and the mother signed an additional document giving all of the rights and legal guardianship to the paternal grandparents.