Fort Lauderdale Divorce Lawyer Blog

Florida statute 61.16 and 61.17 authorize the Broward marital and family law judge to award attorney's fees, suit money and costs in a divorce, separate maintenance, time-sharing, support and enforcement proceeding. The Fort Lauderdale court has equitable jurisdiction to award attorney's fees, suit money and costs during an annulment. However, any fees and costs attributable to a domestic violence injunction can not be awarded in Florida.

Temporary attorney's fees and costs are awared during the pendency of a case. The purpose is to allow an award of attorney's fees and costs to ensure that both parties will have the same ability to secure competent legal representation of their cases.

In order to be awarded attorney's fees and costs, the requesting spouse must show that they have a need for attorney's fees and costs. Depending upon the jurisdiction, their is a requirement to show an actual need, superior ability to pay or relative financial positions when determining the need of a spouse. In addition, the spouse requesting an award of attorney's fees and costs must show that the other spouse has an ability to pay. The court must consider the impact of the final judgment when determining if a spouse has the ability to pay. Also, the court must look to the resources available to the paying party without having to look to resources beyond their individual control

A Florida woman is seeking custody of her X-rated photographs as part of her divorce. The Wife is suing her husband and has accused him of distributing the photographs on the internet and using them in online sex chat rooms. A Florida divorce attorney believes that the photographs belong to the Husband and Wife. Fort Lauderdale marital and family law attorneys would agree that this is a common issue amongst couples who file for divorce in the Broward and Miami-Dade divorce court. In order to prevent embarrassment, one spouse generally will have to surrender other property to be awarded the photographs as part of the equitable distribution of assets during a divorce. The parties divorce case is currently pending in a Florida divorce court.

When you are getting a divorce in Broward, this is a difficult time for your child. Many times children blame themselves for you and your spouse getting divorced. You and your spouse need to be aware of the psychological effects of a divorce in Fort Lauderdale and the impact of custody, visitation, a parenting plan and time-sharing schedule. The adjustment during a divorce for your children is critical to their well-being.

During your divorce in Miami-Dade and Broward, your attorney will advise you that there is a requirement to attend a parenting course. The parenting course helps teach you and your spouse how to handle your divorce in a healthy way for your children. However, it is important to follow the lessons that are taught during the parenting course even after the Florida marital and family law judge enters the Final Judgment of Dissolution of Marriage.

You should never use your child as a spokesperson, messenger or information carrier between you and your spouse. This can cause emotional distress for your child. Do not let your child read an email or text message that you are sending to your spouse related to your child.

Your telephone conversations between your spouse should be amicable when your child is present in the home. While you may think that your child is busy watching TV, playing a video game or on the internet, children are attuned to everything that you are saying on the telephone since they are young and able to multitask.

During your divorce in Fort Lauderdale, your lawyer will have to assist you in creating a parenting plan and time-sharing schedule. While you can talk to your child about the time that they will spend with you and your spouse, never emotionally batter your spouse in front of your child. Last but not least, never forget that children love both of their parents.

When you meet with your Broward divorce lawyer, he or she will explain to you that there is a four point analysis for the marital and family law judge to award alimony. First, the starting point is to determine the need of one spouse and the ability to pay of the other spouse. Next, it is important to determine how long you will need alimony and what type of alimony you should request. Divorce attorneys in Fort Lauderdale will explain to you the differences between permanent periodic, rehabilitative, bridge the gap, lump sum, temporary and nominal alimony. Next, the recipient spouse must have a need for alimony based upon the standard of living established during the marriage in order for the Broward marital and family law judge to determine the amount of alimony that should be awarded. Finally, the court must consider and make findings of fact relative to the factors enumerated in Florida Statute, 61.08 in awarding or denying alimony. For the purposes of this blog, I will discuss bridge the gap alimony.

Bride the gap alimony is typically awarded during a Broward divorce to fulfill a specific and limited purpose of meeting short term financial difficulties as a result of the transition from married to single life. Unlike rehabilitative alimony, bride the gap alimony is for a shorter duration of time. Your Fort Lauderdale divorce lawyer will explain to you that bridge the gap alimony is typically awarded during a short term marriage of one to three years. However, there are no presumptions for or against this type of alimony.

There is no direct reference to bridge the gap alimony under Chapter 61, Florida Statutes. Rather, this form of alimony is recognized in many of the appellate districts in Florida. In the First, Third and Fourth districts, bridge the gap alimony is fully modifiable short term periodic payments. On the other hand, in the Second district, bridge the gap alimony is considered lump sum alimony payable in installments, is non-modifiable and generally does not terminate upon death or remmarriage.

Bridge the gap alimony can be awarded during a Ft. Lauderdale divorce in conjunction with permanent periodic alimony to meet the short term gap of financial need of a spouse where rehabilitative alimony is not appropriate. By definitional concept, bridge the gap alimony is for a short durational period not to exceed three years. The effect of remarriage on bridge the gap alimony is unclear.

When you meet with your Broward divorce lawyer, you may feel the need to tell him or her that your spouse has cheated. Prior to filing for divorce in Fort Lauderdale, your divorce attorney will explain to you that Florida is a no-fault state. You do not need to prove that one spouse was at fault in order for the Florida marital and family law judge to enter a Final Judgment of Dissolution of Marriage.

The divorce rate in Florida is down. However, the percentage of married people who have reported cheating and infidelity remains the same. Some sociologists and demographers explain that the cheating is due to the economy. Others explain that there is a decline in the number of married people and people waiting until they are older to marry in cities throughout Miami-Dade and Broward.

In a recent survey by the American Academy of Matrimonial Lawyers, 37% of lawyers responded that business has dropped during these tough financial times. This may be explained by a survey from the Institute of Divorce Financial Analysts that found that the recession led many couples to delay the filing of their divorce case in Broward. Additionally, federal data indicates that the divorce rate has been falling since 1990.

While divorce may have become less common in Plantation, Hollywood, Weston and Pembroke Pines, your divorce attorney will explain to you that cheating and infidelity did not. In the 1990's, 14% of married individuals reported having sex with someone other than their spouse. An increasing number of couples are getting married once they are over the age of 30 and college educated. While age and education are two factors that increase the chances of a successful marriage, the decision to divorce after infidelity is also part of the story.

Surveys of people who remain married after infidelity indicate that they feel happier and are living healthier and wealthier lives than those who file for divorce. This may have to do with the decision not to divorce than it does with the generally positive effects of marriage itself. However, the process of remaining married after infidelity is not always easy.

Married couples who want to save their marriage after an affair have to walk two different paths while trying to remain together. The spouse who cheated often feels euphoric since the truth is out and he or she is returning to a socially respectable state. On the other hand, the spouse who was cheated on experiences a lot of grief, anger, sadness and shame while needing to sort through a lot of matters about the affair and their marriage.

Michael Dipploito, a resident of Boynton Beach filed for divorce in Delray Beach after his wife, Dalia Dippolito, tried to have him murdered. Police say that the wife tried to hire a hitman to kill her husband. However, the person that she hired was an undercover police officer. The wife is charged with solicitation to commit first degree murder. She bonded out of jail on Thursday and is residing at her mother's residence on house arrest. This Florida divorce case has been assigned to marital and family law Judge Charles E. Burton.

When you meet with your Broward divorce attorney, you are most likely to ask about the equitable distribution of your assets. Your Ft. Lauderdale divorce lawyer will also discuss with you matters pertaining to child support and alimony. Whether you live in Plantation, Coral Springs, Cooper City or Pembroke Pines, the recession has not only affected businesses and individuals in your area but also will impact your divorce in Broward County, Florida.

The recession requires concessions amongst couples who file for divorce. During a good economy, when there is greater wealth, couples will hire divorce lawyers and fight. These days, clients are requesting to attend mediation soon rather than later. Individuals are less inclined to drag out the divorce proceeding in court, fighting over the division of diminished assets.

Divorcing couples can not often afford two different homes. Sometimes they have to live together since the marital residence will not sell. The husband and wife must make accommodations for each other such as each party living in separate bedrooms. However, these couples share household chores, parenting responsibilities and baby sitting arrangements.

The inability to move on during these turbulent economic times can cause family stress. When a person feels secure that they can cleanly break away from their marriage, he or she is more likely to seek freedom and feel positive about the changes in their life. During a recession, an individual is forced to deal with an economy that he or she can not control. This type of individual is less likely to be optimistic about his or her future and have a more difficult time making plans and taking the required steps to move forward in life. A person who has to stay in an unhappy marital situation develops emotional stress from unpaid bills, unemployment, pay cuts and reduction in retirement payouts. With a divorce, one spouse may resent the other due to an inability to collect child support or alimony if the obligor is unemployed. The damage when couples are faced with a tough economy during their divorce can create fear and confusion for their children.

An economic downturn does not have to be a negative for couples who must continue to stay married. They will discover that they have the resources to support one another. They will weather the storm. Perhaps the recession is a good thing.