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.

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.

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.

Disagreements over finances are one of the leading causes for divorce filings in Fort Lauderdale. When money is tight or investments are performing poorly, even couples who are happily married may encounter disagreements. However, before you talk to a divorce lawyer about alimony, child custody matters and a parenting plan, perhaps you should make some adjustments to your finances by having a financial divorce from your spouse.

In the past, a majority of financial decisions were made by the husband. Today, women depend on men far less than they did years ago. Women are now employed and have their own investments. In light of the climbing divorce rate, women do not want to be in a position where they rely upon men for alimony, support and maintenance.

A large percentage of marital disagreements deal with how money is spent. In addition, some couples have different investment objectives, methods and risk tolerances. South Florida couples with strict budgets who struggle to make ends meet may also fight about which bills to pay first.

Maintaining separate financial accounts can allow couples to function smoothly and not have to justify their spending. This often can cause a sense of security and fairness while creating health competition between spouses as they manage their own portfolios. On the other hand, having separate account may result in higher bank costs and fees and reduced account privileges. You are your spouse should also discuss if you can see the other's statements and whether you may do so without the other's knowledge or permission.

It is almost impossible to divorce finances from your marriage. The correct method of account ownership will vary from one household to another. If you and your spouse fight about money, you may want to seek counseling before you consult with a divorce attorney in Miami. In many cases, couples can resolve their financial differences, reduce their level of conflict and strengthen their relationship by having financial separation.

Many residents of Fort Lauderdale will file for divorce. In fact, when you hire a divorce attorney in Broward you will often try to mitigate the impact of child custody, time-sharing and shared parental responsibility litigation on your children. The following statistics should remind you why it is important to amicably resolve your divorce case.

1. While 1/2 of children experience their parents divorce, 1/2 of those children will also experience their parents second divorce.

2. 1 out of every 10 children who have seen their parents divorce will also experience 3 or more divorces.

3. 40% of children are raised without a father.

4. Children who have experienced multiple divorces earn lower grades and are found by their friends to be less pleasant to associate with.

5. 50% of all children born this year will have parents who divorce before they turn 18.

6. Teenagers from a single-parent family and a blended family are 3 times more likely to need therapy.

7. Children whose parents have divorced have more psychological ailments then children from homes who have experienced a death.

8. Children from divorced parents are more likely to experience injury, asthma, headaches and speech problems.

9. After a divorce, children have a 50% increased chance of developing health problems.

10. Children who reside with the both of their parents are 20% to 35% healthier than children whose parents have divorced.

During the recession, filing for divorce is a difficult decision. With housing values depressed and jobs disappearing in South Florida, divorce has become a luxury for many residents. Nowadays, there is often not enough money to maintain separate households or to hire a divorce attorney in Fort Lauderdale to go to court and fight over alimony, child support and child custody matters.

Lately, many clients have been living together during and after their divorce. Some have filed for bankruptcy. Others have realized that they are upside down with the values of their homes. In many cases, marital and family law attorneys in Miami-Dade have dealt with clients who only require equitable distribution of debt during their divorce case.

During 2008, there were 838,000 divorces granted in 44 states, a slight decline from the previous year when 56,000 divorces were granted. These days working class couples are vulnerable to file for a divorce since they feel the impact of unemployment. However, the recession has created many unhappy couples who would like to file for divorce but will be required to wait until the economy rebounds.

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.

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.

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.