Fort Lauderdale Divorce Lawyer Blog

On Sunday, September 25, 2011, ten days after being arraigned on two counts of misdemeanor battery/domestic violence against his wife and his wife's Mother, Marcus Nathaniel Trotman shot his wife, her mother and himself in what police are calling a murder-suicide.

Prior to the incident, Trotman had been working as an audio engineer with popular South Florida Power 96 radio personality Lazaro Mendez (A.K.A. "D.J. Laz"). Shockingly, Sunrise police confirmed that the gun recovered from the scene-a Walther PPK .380 caliber handgun-was the same make and model as one reported missing by Mendez the evening of the shooting. However, police have yet to confirm whether the gun used by Trotman actually belonged to Mendez.

Mendez' publicist issued a statement to the media saying he was "deeply shocked and saddened" by the shooting. According to police reports, Trotman and Mendez were friends. In fact, Trotman had been living with Mendez since Sunrise police arrested Trotman for battery on August 21, 2011 and a judge ordered him to stay away from his Wife and her Mother.

The murder-suicide leaves Lorenzo's 5 year-old-daughter, who was present during the shootings, and her 13 year-old-brother in state custody until a suitable home can be found.

On Tuesday, September 27, 2011, Broward Family Court Judge Susan Greenhawt held a custody hearing for the girl and an older brother, whose whereabouts were not discussed. At the hearing, child custody divorce attorneys in Fort Lauderdale dealt with matters pertaining to child custody. The girl has been staying with a baby sitter, with the Department of Children & Families monitoring as custody issues are resolved. A man claiming to be the girl's biological father was in court Tuesday and agreed to a DNA test to verify paternity.

A federal judge has ruled in favor a Miami Heat basketball star LeBron James in a paternity lawsuit brought by a lawyer who alleged that he was the biological father of the NBA superstar. In June, 2010, Leicester Bryce Stovell filed a paternity lawsuit which claimed that in 1984 he had a relationship with the mother, Gloria James.

Stovell, a former lawyer for the United States Securities and Exchange Comission, requested a new paternity test and millions of dollars in damages. He alleged that both James and his mother defamed his character and comitted fraud in concealing that he was the biological father.

In an opinion filed on September 16, 2011, U.S. District Judge Colleen Kollar-Kotelly granted a motion to dismiss the case. She found that the lawsuit failed to show that he had incurred actual damages. The court believed that the damages which were requested were speculative in nature. Stovell also sought damages for loss of love and affection. The court found that this was not a recognizable form of damages for common law fraud.

Stovell represented himself in the case. While Lebron James was also represented, he did not have a paternity lawyer in Miami or a marital and family attorney in Fort Lauderdale.

A legislator in Florida, Representative Ritch Workman, is attempting to repeal a state law which makes it illegal to cohabit with a party who is not a spouse. Specifically, "if any man or woman, not being married to each other, lewdly and lasciviously associate and cohabit together..they shall be guilty of a misdemeanor of the second degree". This crime is currently punishable by 60 days in jail and a $500 fine.

Approximately 544,907 Floridians live in a relationship in violation of Florida law. This law is now viewed as both unenforceable and unrealistic. One advocate believes that there is a role for government to promote marriage instead of cohabitation. The rationale is that greater marriage rates have a lower likelihood of crime, less domestic violence and better educational results for children.

Individuals believe that there are governmental limitations in promoting marriage. Arresting individuals who live together is not realistic or fair. Many Floridians do not want to marry due to a prior Broward divorce which they experienced or lived through with their own parents.

There are also negative consequences pertaining to cohabitation which you should discuss with your divorce attorneys in Broward county. A court may reduce or terminate an alimony award if the receiving spouse is in a supportive relationship with a person who is not related by consanguinity or affinity and with whom the person resides.

At the Fort Lauderdale alimony trial, the court will examine whether the parties hold themselves out as married couples, how long they have resided together, whether they have pooled assets or income, whether they support the other party, whether they perform services for the other or their company, and whether they have acquired assets together. The court will also look at whether they have acquired real property, whether there is an express or implied agreement regarding assets and support and whether they support the others children.

(Photo courtesy of pitbullmusic.com)

Divorce lawyers in Miami have been advised that rapper Pitbull, whose real name is Armando Perez, recently resolved a paternity case which was pending before Miami-Dade Circuit Judge Robert N. Scola, Jr.

Prior to the filing of the Miami paternity action, Pitbull was voluntarily paying $3,000 per month in child support to the mother of his child, Barbara Alba. In her petition, Alba requested child support, shared parental responsibility, a parenting plan and a time-sharing schedule. The mother also requested housing in a secured and gated community and child support based upon the rapper's lifestyle.

On July 18, 2011, the Court entered a Final Judgment of Paternity. The settlement agreement entered into by the parties has not been filed with the court in order to respect each party's privacy.

On June 21, 2011, Pitbull released his most recent album Planet Pit. He has recently collaborated with T-Pain and Jennifer Lopez. His recent single, "Give Me Everything", recently reached the top of the Billboard Hot 100.

(Photo courtesy of Orlando Sentinel)

In 1981, John Ferenc bought a home in Florida with his wife. Several years later, he began to serve a prison sentence for burglary, grand theft and some other crimes. While in prison for 26 years, his wife paid off the entire mortgage.

In 2009, Ferenc was released from prison after 26 years. Shortly after, he filed for divorce. His wife, Loretta Jean, is 72 years of age. She is disabled, uses a walker and is not very mobile. She is not prepared to move and does not want to move largely in part of the depressed real estate market.

A order issued by a Florida marital and family law divorce judge requires the wife to vacate her home, a place where she has lived in for 30 years. Effective September 1, 2011, the husband will receive temporary and exclusive use and occupancy of the marital residence.

Ferenc plans to repair the house so that it can be sold. Once the repairs are complete, he will be able to choose a real estate agent to place the property for sale. Both parties are required to cooperate with the sale of the marital residence and must accept a fair market offer. The court further ordered that the net proceeds are to be divided equally. The wife will be required to pay $1,408 in attorney's fees and costs since she has failed to appear in court for hearings.

John Ferenc received a 55 year consecutive prison sentence. He was released early as a result of good behavior. While in prison, his wife received his monthly disability benefits. A divorce attorney in Broward believes that the husband would be unjustly enriched from the sale of the marital residence since the wife will be left without a home.

The wife's divorce lawyer has filed an emergency motion to prevent her from being removed from the marital residence. Meanwhile, the husband has advised that he will request that she be found in contempt of court if she does not leave the home as previously ordered by the court.

Last week, a judge denied her request to continue to stay in her home during this contested divorce proceeding. The court found that the facts did not constitute an emergency which would require an immediate hearing.

The wife is now temporarily residing in a hotel. Since returning to the home, the husband found a sink full of dishes, bugs in the refrigerator, clutter and cobwebs. While Ferenc will continue to fight in court to return to her home, the husband does not believe that she will be permitted to reside in the house ever again.

The parties are set to return to court in a few weeks.