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January 27, 2012

Okaloosa County's First Unified Family Court Established in Crestview

1330873_courthouse sxchu.jpgLast year, Okaloosa County, Florida created its first Unified Family Court in Crestview. Okaloosa County Circuit Judge Terry Ketchel was appointed to preside over the court. According to Ketchel, the court was set up to bring related domestic issues into the same courtroom before a single judge. He also stated civil cases concerning divorce, domestic violence, neglect, and juvenile delinquency make up almost half of all cases heard in the First Judicial District of Florida.

Terry Terrell, Chief Judge of the First Judicial Circuit, is committed to the Unified Family Court concept. Terrell, who was previously appointed to a Family Court Steering Committee by the Supreme Court of Florida, believes Crestview was a particularly well-suited location in which to begin the program. Although the Unified Family Court is still in its early stages, Okaloosa County officials hope to establish another location next year.

Judge Ketchel believes the new court provides judges with an opportunity to engage in better decision-making because it provides a judge with a better understanding of a family's particular situation. He also stated prior to implementation of the new court, it was not uncommon for a single family to have multiple cases on the family law docket at any given time. The primary goal of the Unified Family Court is to protect children. According to Ketchel, "They're not causing any of this, but they are dramatically impacted. Even the best of divorces is traumatic for children."

Although there is no way to truly determine the success of the county's new family court, employees at the Department of Children and Families in Northwest Florida support the concept. Additionally, Terrell believes the court has increased judicial efficiency and acts as an effective case management tool. It will be interesting to learn whether other Florida counties soon follow the new Okaloosa County family court model.

If you are faced with divorce or other stressful family law matters, you need an experienced attorney who is focused on family law to help you navigate the legal process. Whether or not you have legal counsel for marital and family law matters can make a huge difference in your future. A knowledgeable family law attorney can help.

Continue reading "Okaloosa County's First Unified Family Court Established in Crestview" »

January 12, 2012

Tampa Area Businessman Wanted for Failure to Pay $6 Million in Child Support and Alimony

justice morguefile changed.jpgLast month, a Hillsborough County Circuit judge ordered the arrest of John Dargan Stanton III, a successful Tampa area businessman, after he was found guilty of five counts of criminal contempt of court for failure to pay his child support and alimony obligations. Mr. Stanton failed to attend the contempt hearing where Judge Caroline Tesche sentenced him to almost six months in jail for repeatedly refusing to pay more than $6 million in alimony and child support.

Susan Stanton initiated divorce proceedings in 2009 and the former couple reached a final settlement agreement in July 2011. Although the couple has a 12-year-old son together, she stated her former husband has not supported them for several years. According to her attorney, Mr. Stanton now owes his ex-wife $10 million.

Mr. Stanton is a decorated Vietnam veteran, a former president of Cast-Crete, and he previously ran a building materials company which reported profits of more than $4 million per month at its height. At one point, he owned a mansion and regularly drove several high end sports cars. Now, Mr. Stanton claims he is financially insolvent. In fact, he filed for bankruptcy just three days prior to the contempt hearing. Still, Judge Tesche believes Mr. Stanton has the ability to pay.

Mr. Stanton reportedly owns stock in several large companies as well as other assets. His attorney has argued Mr. Stanton's hands are tied as the former couple's settlement agreement prohibits Mr. Stanton from selling his stock in order to generate cash. He also claims Mr. Stanton is unable to liquidate any of his assets and lives off of loans and a small monthly Department of Veterans Affairs disability check.

According to Susan Stanton, her ex-husband has the money and is merely hiding millions of dollars in assets from her. In November 2010, Mr. Stanton spent more than two weeks in jail for refusing to produce documents during the couple's divorce proceedings. When he filed for bankruptcy, Mr. Stanton estimated his assets as being in the range of $100 to $500 million and his liabilities at no more than $50 million. To further complicate the case, the Internal Revenue Service is also performing a criminal investigation into Mr. Stanton. His attorney has stated he is not aware of Mr. Stanton's current location.

Each year many Florida residents find themselves in the midst of a less than amicable divorce. Understandably, the host of emotions associated with the end of a marriage can be overwhelming. The financial damage can oftentimes make a bad situation even worse. If you are contemplating divorce, you need an experienced family law attorney to help you protect your financial interests.

Continue reading "Tampa Area Businessman Wanted for Failure to Pay $6 Million in Child Support and Alimony" »

December 27, 2011

Baby-Boom Generation Increasingly Choosing Late Life Divorce

931895_enjoying_retirement sxchu website.jpgMembers of the baby-boom generation are increasingly choosing to divorce as they near retirement age. Although the overall U.S. divorce rate declined in recent years, divorce rates among adults aged 50 to 64 steadily increased. According to Susan L. Brown, co-director of the National Center for Family and Marriage Research at Bowling Green University, one in four divorces in this nation currently involve someone over the age of 50. In 1990, less than ten percent of divorces involved a spouse over age 50. That's a dramatic increase from only twenty years ago.

As the boomer generation ages and reaches retirement, the related life transitions can be tough. Some couples who spent decades together find they must reconnect with one another on a new level. Retiring spouses often have a difficult time adjusting to life without a daily work routine. Spouses who previously stayed at home alone may also have a tough time as their routine is suddenly interrupted by the presence of another person in the home all day. Many marriages will survive the transition, but researchers say weak unions may shatter under the stress.

Research has shown the baby-boom generation has frequently engaged in a pattern of marriage at a young age, divorce, and subsequent remarriage. According to Brown, marriages in which at least one spouse has been married before are twice as likely to result in divorce later in life than those in which both spouses are in their first marriage. A divorce near retirement age can cause a huge financial strain on both parties as retirement accounts and other assets are split. Additional questions arise as many late life divorcees have no plans to remarry. According to Brown, this can result in societal challenges if baby boomers become ill or can no longer care for themselves because no spouse is present to provide care as with past generations. Choosing to remarry can also pose added legal obstacles if estate planning and inheritance matters are not planned well in advance.

Continue reading "Baby-Boom Generation Increasingly Choosing Late Life Divorce" »

December 20, 2011

Florida Legislators Consider End to Permanent Alimony

795735_i_love_you sxchu website.jpgFlorida lawmakers are currently considering a bill which would end permanent alimony awards following divorce. If passed by the Florida Legislature, House Bill 549 would base an award of alimony on the length of the divorcing parties' marriage. For example, a marriage which lasted for 12 years would be eligible for a maximum alimony award of 12 years. The bill would also cap awards based on the payer's income and allow payments to cease upon the payer's retirement.

Earlier this month, the state legislature heard testimony in favor of House Bill 549 from members of the Florida Alimony Reform Group. A member of the group, Hector Torres, has also urged legislators to allow previous awards of permanent alimony to be revisited by courts. According to Torres, the state's laws are behind the times and it is unfair he must pay alimony until his death after a marriage which lasted only 14 years.

Although the bulk of divorces across the nation involve some sort of alimony award, the money is generally provided to assist a spouse as he or she works to become self-supporting. Today, several states are changing their alimony laws in response to the fact that more spouses work outside of the home. This fall, Massachusetts placed new limits on the length of time alimony may be awarded by courts and ended alimony payments when the payer reaches retirement or the payee begins residing with another partner. Florida recently amended state alimony laws to provide awards solely after marriages of long term duration. Permanent awards now also require a court determination stating no other alimony option is fair or reasonable given the parties' situation. New Jersey is currently considering legislation to limit alimony awards as well.

In Florida, two requirements must exist before a court will award alimony. They include a need on the part of the payee and an ability to pay on the part of the alimony payor. The first requirement takes into account the distribution of marital assets combined with the parties' standard of living prior to the end of the marriage. If the potential payee can maintain the same standard of living after all assets are distributed, a court likely will not award alimony.

Continue reading "Florida Legislators Consider End to Permanent Alimony" »

November 23, 2011

Hulk Hogan Lost Big in Florida Divorce Settlement

616px-Hulk_Hogan - wiki.jpgDetails of professional wrestling personality Hulk Hogan's confidential divorce settlement came to light this week after a recent court filing. After more than 25 years of marriage, Hogan's ex-wife, Linda Bollea, received approximately 70 percent of the couple's liquid assets, $3 million in property, 40 percent of various company revenues and several luxury vehicles. Luckily for Hogan, he was not ordered to pay alimony despite the long term nature of the Florida couple's marriage. Child support was not at issue as the couple's two children were adults at the time of the couple's split.

The divorce settlement was disclosed when Hogan filed a copy of the agreement as part of an ongoing legal dispute between the former couple. Hogan is currently challenging a court order to pay his ex-wife a percentage of gross company revenues. According to Hogan's attorneys, the divorce settlement stipulated his ex-wife receive a percentage of net company revenues and requires that all disputes must be addressed through arbitration.

Hogan's divorce was no doubt costly. He likely would have benefited immensely from a negotiated prenuptial agreement. In Florida, a prenuptial agreement is a written contract signed by both potential spouses prior to marriage which outlines how assets will be divided in the event of divorce or death. The semiretired wrestler's highly public and acrimonious split from his wife dragged out in the courts for almost two years. If the parties had entered into a prenuptial agreement, negotiations over assets and spousal support obligations would have been decided well in advance of any split. Unfortunately, many people who enter into marriage with few assets do not consider signing a prenuptial agreement and later regret it.

Even where no prenuptial agreement exists, most family law issues can be resolved outside of a courtroom through negotiated settlements. Postnuptial agreements can be a useful tool for couples in Florida. Postnuptial agreements are written contracts, such as marital settlement agreements, entered into by married couples who are contemplating separation or divorce. A postnuptial agreement will generally address the disposition of assets and spousal support obligations. Such agreements may also include provisions regarding child support and custody but they are always subject to modification by a court.

Continue reading "Hulk Hogan Lost Big in Florida Divorce Settlement" »

November 19, 2011

New Florida Bill Would Limit Alimony and Ignore Cheating

Gavel - sxchu website.jpgA bill filed before the Florida Legislature on November 2nd would prohibit judges presiding over a divorce from considering adultery when awarding alimony, place limits on the total amount and length of time alimony may be awarded, and allow divorce agreements in which alimony was awarded to be reopened and renegotiated. House Bill 549 would also terminate all alimony payments once the spouse ordered to pay reaches the age of retirement.

House Bill 549 was filed by Brevard County legislator Ritch Workman. Interestingly, Representative Workman filed the bill only eight days after his own divorce was finalized in Florida. Although alimony was not awarded in Workman's divorce, the Melbourne legislator has stated he believes current Florida alimony laws are inequitable.

Alimony is a tool used by Florida courts to maintain each party's standard of living after a divorce. Alimony is not awarded in all circumstances, however, as an award of alimony is contingent upon the financial needs of one spouse and the others ability to pay. Additionally, the length of the marriage also plays a factor in an alimony award.

House Bill 549 is part of a growing trend to reform alimony laws both in Florida and across the nation. Workman's bill was modeled after similar legislation passed recently in Massachusetts. If the bill passes in Florida, its effects would be far-reaching. Even routine divorce settlements could be reopened and reexamined. Since filing House Bill 549, Representative Workman has stated specific portions, such as a cap on awards, should be removed.

The bill closely follows on the heels of recent amendments to the permanent alimony provisions of Florida Statute 61.08 which took effect on July 1, 2011. Permanent alimony is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Permanent alimony may also be awarded at the discretion of a judge after a moderate or short-term marriage is dissolved. Since July 1st, Florida courts must now determine no other alimony award is "fair and reasonable under the circumstances," when permanent alimony is awarded. For moderate-term marriages of 7-17 years, clear and convincing evidence permanent alimony is the appropriate award is now required.

Continue reading "New Florida Bill Would Limit Alimony and Ignore Cheating" »

November 2, 2011

Groom Arrested After Allegedly Defrauding St. Augustine Wedding Merchants

1345269_flores__flowers - sxchu website.jpgScott A. Thompson was arrested in September for allegedly defrauding a wide variety of St. Augustine, Florida merchants after he failed to pay for more than $17,000 worth of flowers, catering, professional photography and a host of other expenses related to his July 2010 wedding. In addition to being accused of making fraudulent purchases at several St. Augustine businesses using his mother's credit card, Thompson also faces charges for failing to pay his child support and jumping bail.

Thompson's bride, Candice Lewis, has stated she knew something wasn't quite right when she walked down the aisle, but she ignored all of the warning signs and married the "nice guy" she loved anyway. She quickly realized her prince charming wasn't quite what he claimed to be. Less than one year after taking her wedding vows, Lewis, a 37-year-old kindergarten teacher, made the decision to move out of the couple's home and start her life over.

When the pair met, Thompson was a divorced father who claimed to flip houses for a living and appeared from the outside to be financially secure. They went on vacation trips and Thompson hosted a lavish engagement party for their friends and family. At the time, no obvious signs of financial distress were apparent.

According to Lewis, Thompson's father implored her to watch his spending on the couple's wedding day two years after they met. One month after they married, Thompson took Lewis' engagement ring to have it altered and never returned it. Then her laptop disappeared. Three months after the couple was married, Thompson was arrested for allegedly writing bad checks in order to pay for that expensive engagement party. When he was arrested again the following June, Lewis made the decision to leave her marriage.

She later learned Thompson kept her from speaking to his ex-wife throughout their relationship because he was wanted for failure to pay child support. A mere 14 months after her marriage Lewis is not only rebuilding her life, but also her ruined credit.

Continue reading "Groom Arrested After Allegedly Defrauding St. Augustine Wedding Merchants" »

October 12, 2011

Broward Bakery Makes Divorce Cakes For Divorce Parties

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If you are interested in buying a divorce cake, a local bakery in Cooper City, Florida can provide you with your custom cake. A Fort Lauderdale divorce attorney has learned that couples who divorce in Broward are throwing parties to celebrate that their marriage is over. These parties help transition a party from married life to single life. One divorce party planner strictly provides services to divorcees. The company allows a divorcee to choose from different themes depending upon their own preferences.

Divorce party planners believe that divorce parties justify the traumatic experience that people go through following a trial in Fort Lauderdale that deals with alimony, child support, child custody and other marital and family law matters. The party fulfills a void in a person's life during a crisis such as a divorce.

For some individuals, celebrating their divorce fulfills the need for companionship. During and after a divorce, people are on their own. They tend to feel anxious and depressed. While some people spend as much as they spent on their wedding, a divorce party can also be viewed as an unfortunate way to celebrate a family that has been split up.

At one divorce party, a former wife had a three layer cake that had a knife-wielding bride and a bloodied groom. This woman looked at her divorce party as a way to celebrate being single and starting a new chapter in her life.

In the Muslim world, divorce parties provide a way for women to redeem themselves since divorce is considered a disgrace in this culture. At these parties, single men bring women perfume, money and camels. These parties often last for three days or until the woman finds a new man.

September 15, 2011

Florida Legislature Seeks To Repeal Obsolete Cohabitation Statute

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.

September 6, 2011

Senior Citizen Must Vacate Home During Divorce In Florida

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(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.

August 31, 2011

Daddyshome, Inc. Disagrees With Broward Divorce Attorney

Recently, I posted a blog titled "Stay-At-Home Dads Are More Likely To Divorce In Miami." However, Al Watts, President of Daddyshome, Inc., the national At-Home Dad Network and home to the 16th Annual At-Home Dads Convention in Washington DC on October 8, 201, does not believe it is accurate that stay-at-home dads are more likely to divorce.

Time's Healthland was the first to report that "stay-at-home dads are more likely to divorce." There report was based on a study led by Dr. Liana Sayer of Ohio State University. Published in the American Journal of Sociology, the study found that married men who are unemployed are more likely to divorce than men who are working.

After reading the summary of the study, Watts found it strange that the study did not mention stay-at-home dads or even whether any of the men were fathers. He decided to contact Dr. Sayer.

"The study doesn't include a measure of 'stay-at-home' dads," Dr. Sayer replied in an email originally sent by Watts. She further stated, "All we know is if the husband is unemployed and the (lagged) number of months unemployed."

Watts then spoke to Bonnie Rochman who wrote the article for Time's Healthland. He found out that she believes all stay-at-home dads are unemployed so she concluded that the study was about stay-at-home dads.

She was wrong.

First of all, the study was about married men. They never asked if any of them were fathers. If you do not have any kids, Watts does not think you would be considered an "at-home dad" when you get laid off.

Secondly, not all married dads have young children at home to take care of. Some of them surely have high school or college-aged children. Some may even be married to a stay-at-home mother who remains at home with the kids while the husband looks for a job, and apparently, a Broward divorce attorney.

Third, it is a complete myth that stay-at-home dads are unemployed. Most men who are the primary caregivers of their children are, in fact employed. The latest U.S. Census reports that 154,000 men are stay-at-home fathers but that only includes men who earn no income for one year or go to school while caring for the kids. Most demographers put the real number around 2 million which means up to 90% of at-home dads work, at least part-time and some full time.

Finally, men become stay-at-home dads for many reasons. Watts started staying home because he and his wife wanted one of them at home with the kids. His wife had better career options. Some dads choose to stay home because they do not want to miss out on their children's lives. Some are forced into it when they lose their job. Watts believes that to say "Stay-at-home dads are more likely to divorce" is saying that all stay-at-home dads, regardless of why they chose to stay home, are more likely to divorce. To him, that just doesn't make sense.

"I do think (based some on my research) that of course men who become stay at home dads purely based on job loss and not other reasons have their challenges," says Dr. Aaron Rochlen, associate professor of counseling psychology at the University of Texas at Austin and author of two recent extensive studies on stay-at-home fathers. However, after reviewing Dr. Sayer's research, Dr. Rochlen concluded that "it is ridiculous the connection they (Time) are making" between stay-at-home fathers and divorce.

And Time agreed.

The headline of the Time article now accurately states "Unemployed Men are More Likely to Divorce."

So, if your husband is, or becomes, a stay-at-home dad, it is not any more likely you will end up divorced.

If your husband loses his job, however, there is a slightly higher chance you may end up retaining a divorce attorney in Fort Lauderdale to address your child support, alimony and parenting plan matters.

August 18, 2011

South Florida Couples Hire Fort Lauderdale Divorce Attorneys Frequently

Fifty-seven percent of Florida families go through a divorce. Divorce rates in Florida tend to exceed national averages. While the statistics show that many couples are getting married in Florida, just as many are retaining a Broward divorce attorney to end their marriage.

Many people move to Florida and leave their families. Some blame the economy for the recent increase in divorce filings. While financial pressure is often a cause of divorce, the cost of divorce can make unhappy couples continue to remain married.

When you hire a Miami divorce lawyer, he or she will often require a retainer of $4,000 to $7,500. The clerk of court requires a $409 filing fee and a $10 summons fee. In the event that a couple cannot resolve their case at mediation, they are also required to pay their lawyer a trial retainer which can often be between $5,000 to $10,000.

If you want to try and save your marriage, you should consider the level of communication amongst you and your spouse. You both should learn how to talk to each other. Couples who are contemplating saving their marriage find that the problems in the marriage often deal with the level of communication. If the goal to save your marriage is not shared and one spouse is not commited to recovery of the marriage, this process will fail and you will most likely wind up in divorce court.

Information from the US Census indicates that couples who live together before they marry are two times more likely to get divorced. Insofar as many couples in Florida reside together before their marriage, this may explain the higher number of divorces in this state.

Another reason for the high divorce rate may be because Florida is a no-fault divorce state. If one party has been a resident for 6 months before the filing of the complaint and the marriage is irretrievably broken, the Court will generally grant the divorce. While the value of marriage may be lost in our society, one thing for sure is that it is very easy to get divorced in the Sunshine State.

August 13, 2011

Governor Rick Scott Appoints Miami Divorce Court Judge Ivan Fernandez To Third District Court of Appeal

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Congratulations to Miami-Dade Circuit Judge Ivan Fernandez for being elevated to the Third District Court of Appeal. The Third District Court of Appeal and Daily Business Review are reporting that Judge Fernandez was appointed by Governor Rick Scott to fill the vacancy created by the retirement of Judge David Gersten.

After the military, Judge Fernandez became a City of Miami police officer. He was a member of the K-9 unit, handled homicide cases, worked in narcotics and eventually was promoted to the rank of a major.

While working as a police officer, Judge Fernandez enrolled in the University of Miami School of Law. He graduated law school in 1992 but remained a law enforcement officer with the City of Miami Police Department until 1995. In 1995, he retired and opened his own law office.

While in private practice, Judge Fernandez handled business, personal injury and divorce cases in Miami. In 1999, he left private practice to become a prosecutor for the state attorney's office. As a prosecutor, Judge Fernandez dealt with misdemeanors, juvenile, felony and public prosecution cases.

As a Circuit Judge in Miami-Dade County, Judge Fernandez presently presides in the family division. Miami divorce attorney's who regularly appear before the Court will remember him for being well prepared, professional, fair, having a great ability to listen and the courage to make difficult decisions in marital and family cases involving alimony, child support, paternity, domestic violence and child custody.

Prior to presiding in the family division, Judge Fernandez heard cases in the circuit civil and criminal divisions. Judge Fernandez is the second family court judge to be appointed to the Third District Court of Appeal in the past year.

July 29, 2011

Former Spouse Not Entitled To Receive Financial Benefits After Divorce

Many times when a client meets with their family law attorney in Fort Lauderdale, they question whether an asset is marital or non-marital. They also question their rights to the future income of marital and non-marital assets. In the case of Morenberg v. Morenberg, the Fourth District Court of Appeal recently addressed the wife's entitlement to equitable distribution of royalties from labor which took place after she filed her Florida marital and family law case.

On August 20, 2008, the wife filed for divorce after being married for 46 years to the husband, an English professor. After the filing of the petition for dissolution of marriage, the husband began working on the fourth edition of one of his books. In the final judgment of dissolution of marriage, the trial court ordered that the parties were to equally divide the royalties from two books that he wrote while he was an English professor, one of which he wrote after the filing of the petition for dissolution of marriage.

At the trial, the husband testified that he began working on the second book in December 2008 or January 2009. He also testified that he finished the book one day before trial. On the otherhand, the wife testified that there was no post-dissolution of marriage labor related to the husband's second book. She believed that all of the husband's labor occurred prior to trial and the final judgment of dissolution of marriage.

The Husband appealed the final judgment of dissolution of marriage which was entered by the trial court. His main argument on appeal was that the trial court erred in requiring him to share the post-dissolution royalties with the wife since he earned after she filed for divorce.

In reversing the decision of the trial court, the Fourth District Court of Appeal held that any future royalties from the husband's book which were started, completed and submitted after the petition for dissolution of marriage are post-dissolution income and should be excluded from income that must be split with the wife.

During a trial, your Broward divorce attorney will ask the court to achieve an equitable distribution by dividing all assets acquired during the marriage, individually by either spouse or jointly by them. A former spouse is not entitled to receive any financial benefits which accrue after the divorce. Based upon the clear language of Florida Statute 61.075, the date of filing of the petition for dissolution of marriage is generally the latest date for identifying marital assets.

Here, the royalties from the the book written during the marriage would be considered a marital asset subject to equitable distribution. New editions of the books which are written by the husband after the date of filing or post-dissolution are not marital assets subject to equitable distribution.

July 13, 2011

Stay-At-Home Dads More Likely to Divorce In Miami

Many years ago, men worked while most women stayed at the home taking care of the household and children. The attitiudes of how society views women working has changed. Yet, the pressure for men to remain the breadwinners remains strong.

A recent study in the American Journal of Sociology indicats that unemployment in a marriage is a strong predictor of divorce. For some men, they do not feel that it is acceptable to stay home and raise the children while their wife is the sole financial provider.

Women who are unhappily married are more likely to hire a divorce attorney in Broward when they are working instead of if they are unemployed. The study indicated that employment had no bearing on whether or not a woman would proceed with a dissolution of marriage.

Men who are not employed have a greater chance that their spouse will file for divorce even if they were happily married. While the role of a wife has changed, it remains unacceptable in this culture if the husband is not earning a majority of the money to support the household.

It was also recently discovered that men who lost their jobs during the recession have been suffering from depression. Unemployment has impacted their self-esteem and have caused them to feel overwhelmed. All in all, when men are unemployed it increases the chance that they will leave their marriage and it also increases the chance that their wife will leave the marriage and file for divorce in South Florida.