Fort Lauderdale Divorce Lawyer Blog

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.

Residents of Broward cities such as Hollywood, Weston, Davie and Plantation may find themselves having disagreements with their spouse over marital finances. With unemployment at an all time high and a depressed real estate market, finance related tension is causing couples to speak to and retain a Fort Lauderdale divorce attorney.

The New York Times is reporting that finance related tension between married couples raises the risk of divorce. A recent study from Utah State University found that couples who disagree about finances one time per week were over 30 percent more likely to get divorced than couples who reported disagreeing about finances a few times a month.

2800 couples were asked, separately, about how often they had a disagreement with their spouse over chores, in-laws, spending time together, sex and money. Several years later, these couples were contacted again and asked if they were still married. Out of all of the items that couples fight over, money disputes were most indicative of a divorce. While wives believed that disputes over finances and sex were good predictors of divorce, they believed that finance disputes were much stronger predictors. For husbands, they believed that financial disagreements were the highest indicator of whether they would get divorced.

Many men and women from Broward that are enlisted in the military may find themselves in need of a Fort Lauderdale divorce lawyer. According to an article published in the USA Today and Sun Sentinel, divorce rates for soldiers enlisted in the Army increased for the seventh year. 10,000.00 married G.I.'s divorced during the fiscal 2009. It is also being reported that 4% of marriages among soldiers failed.

The Army has found that an increasing number of U.S troops in Iraq complain about troubled marriages as a result of long and multiple deployments to Iraq. While the pressures of being away from family is more prevalent for young soldiers, there has been recent affect on senior enlisted soldiers as well.

The Air Force is also reporting a 4.3% divorce rate this years. However, the Army has 100,000 more married troops than the Air Force. The Marines is reporting a 4% divorce rate that has remained steady from 2008 to 2009. While the civilian divorce rate in the USA was recently 3.4%, the total divorce rate for the U.S. military has increase from 3.4% to 3.6% in 2009.

Research has found that soldiers with more electronic access to their families are having more marital problems since they become too involved in their family lives over the internet and telephone. Soldiers find themselves being involved in minor squabbles that can be resolved by their spouse.

Ironically, Florida Statute 61.13002 permits a Fort Lauderdale divorce lawyer to request that the Broward divorce court temporarily modify time-sharing and parental responsibility if a parent is activated, deployed, or temporarily assigned to military service and the parent's ability to comply with the time-sharing is affected. In the temporary order or judgment and if feasible, the Florida marital and family law court is to provide contact between the military service member and his or her child by electronic communication by webcam, telephone and other available means.

Over the past couple years, the concept of alimony has changed and evolved as a result of recent appellate decisions in Florida. Many women who hire an attorney and file for divorce in Fort Lauderdale are now employed, self supporting and earning comparable pay as to their husband. In addition, the average length of a marriage has decreased. Accordingly, the amount of cases in which Broward divorce lawyers have permanent alimony awarded to their client has decreased. Also, the amount and duration of alimony has also been reduced.

The Florida legislature amended Florida Statute 61.14 to permit a payor spouse to seek to reduce or eliminate his or her alimony obligation when their former spouse is in a supportive relationship while remaining unmarried. The court will look at many different factors such as how long the recipient has resided with another person, whether they have pooled their assets or income and the extent to which the recipient has supported the other and whether or not they have jointly acquired any assets or property.

Alimony is based upon the need of one spouse for alimony and the other spouse's ability to pay. However, the days of focusing on the standard of living that the parties have been accustomed to during the course of the intact marriage is not as significant. In the past, a divorce attorney in Broward would hire a forensic accountant to perform a lifestyle analysis. The forensic accountant would analyze tax returns, bank statements, check registers and credit card statements to ascertain a spouse's needs, the other spouse's ability to pay and the historical spending during the marriage. However, gone are the days that a spouse receives alimony which comprises of all of the luxuries accustomed to during the marriage including, but not limited to, spa visits, country club memberships, vacations and clothing allowances.

The Fourth District Court of Appeal, which handles divorce, child support and other marital and family appeals filed by attorneys in Broward and Boca Raton now believes that when there is a high standard of living during a marriage, the purpose of alimony is to provide for the impecunious spouse above the bare subsistence levels, but not to fund every little luxury enjoyed before your Ft. Lauderdale divorce. Marital and family attorneys now have a difficult time including "unnecessary personal expenses" such as computer supplies, gifts and country club memberships as part of a recipient spouse's need for bridge-the-gap, rehabilitative or permanent alimony.

While the importance of many of the statutory criteria to award alimony has now changed, alimony has not been eliminated. If you are going through a divorce in Broward and reside in Coral Springs, Davie, Margate, Miramar or Southwest Ranches, you should speak to a Fort Lauderdale divorce lawyer to determine your entitlement to alimony.

In the last blog, I spoke about several financial decisions that you should discuss and make with your Ft. Lauderdale divorce attorney. During your divorce, you will need to make decisions with huge financial implications. Many of these decisions you are probably not use to making. As you become concerned with child support and alimony, it become easy to lose sight of long-term financial concerns that you face during your Broward divorce case.

When a couple decides to divorce, one of the parties often desires to retain the marital residence in order to provide continuity for the minor children. However, you should sell you home if retaining it would make you house rich and cash poor. It is important to discuss with your Fort Lauderdale divorce attorney the cost of staying in your home and whether or not the alimony and child support you receive coupled with your income will make this feasible.

Your marital and family law attorney can not and should not give you tax advise. It is important that you consult an accountant to learn about the tax consequences related to alimony, retirement accounts, deferred compensation and future tax deductions related to your children.

If you have not worked during the course of the marriage, you may be interested in getting a job in Fort Lauderdale, Pembroke Pines, Cooper City or Miramar after your divorce. If you require retraining or a new degree, your Florida marital and family lawyer should consider this in determining your monthly alimony or whether rehabilitative alimony should be awarded.

As part of your time-sharing schedule and parenting plan, your Miami divorce lawyer should include who will buy clothing, computers and other items for the other parent's residence. Other expenses for your children to consider include prom, cheerleading, sports gear, cars, car insurance, allowance, college visits, college expenses and cellular telephones.

Last but not least, do not forget that your spouse can always hire a divorce lawyer in Broward or Miami-Dade to modify child support, alimony or child custody matters such as shared parental responsibility, the time-sharing schedule or the parenting plan after the entry of the Final Judgment of Dissolution of Marriage. It is important to budget for future legal expenses.

When you get a divorce in Miami or Fort Lauderdale, it may be one of the most damaging financial events of you life. However, this is not always clear to a person who is about to higher a divorce lawyer. Often one is overwhelmed with exhaustion and sadness after marital problems or shock when their spouse leaves the marriage. However, financial implications will soon begin during your Broward divorce.

If you are on your spouse's health insurance, you will not be able to use it after your divorce. While the government permits you to have CORA coverage for up to three years, you are required to pay the premium yourself. Some people who are older or have pre-existing conditions find that they can not get health insurance after their divorce. Whether you hire a Broward divorce lawyer in Hollywood, Hallandale, Cooper City, Plantation or Weston, make sure that you know how much health insurance will cost after your divorce so that this can be considered prior to mediation.

The mourning and trauma that results from a divorce may make therapy necessary. If you do not have health insurance, you may need to locate a low cost therapist. Alternatively, you may have to pay upwards of $100.00 for a therapist.

It is easy to let bills slip when you are paying for your Fort Lauderdale divorce lawyer and no longer speaking to your spouse. However, this can damage your credit. All jointly held credit cards should be canceled and any balance that your spouse is responsible for should be transferred to a new card in his or her name.

Once there are no longer you and your spouse living together in the same household, you may have to hire help to assist with household maintenance. This may include lawn maintenance, pool maintenance, home repair and babysitting. Your Fort Lauderdale marital and family law attorney may want to consider these expenses when calculating your child support and alimony.

The Miami Herald is reporting that many couples in Miami-Dade, Broward and South Florida are staying together or appearing pro se (without a lawyer) because they are unable to pay a divorce attorney. Some divorce lawyers in Aventura, Sunny Isles Beach, Miami, Hollywood and Fort Lauderdale state that their divorce business is down as much as 35%. In addition, many potential new clients do not appear for their consultation because they are embarrassed that they can not afford the consultation fee.

According to court records, 16,868 divorces were granted in 2006 in Miami-Dade, 16,005 in 2007 and 14,631 in 2008. In Broward, 11,179 cases were filed in 200, 9,876 in 2007 and 8,924 in 2008. Circuit Court Judge Sandy Karlan, administrative judge of the family division of the Eleventh Judicial Circuit Court of Miami-Dade, believes that there has been an increase in modification of divorce agreements and support payments as well as spouses seeking contempt remedies to enforce their alimony and child support. In addition, Judge Karlan has observed couples continuing to live in their marital residence after the entry of the Final Judgment of Dissolution of Marriage.

The economy appears to have a greater effect on the lower and middle class more than the wealthy. Many potential clients are requesting free consultations but have no intentions of retaining a Miami or Fort Lauderdale divorce lawyer. Marital and family law attorneys are also dealing with many cases where a spouse is unable to live up to the terms and conditions of their marital settlement agreement.

While some lawyers have reduced their retainer and hourly rate, now accept credit cards and are offering payment plans, many individuals are opting to handle their case pro se (without a lawyer). However, Miami and Broward divorce lawyers often are retained during or after the divorce to fix the mistakes made by clients who file their own divorces that deal with alimony, child custody and support, time-sharing, parenting plans and equitable distribution of property.

During a Broward divorce, your Fort Lauderdale divorce lawyer may request that you be awarded alimony. A Florida marital and family court can award you bridge-the-gap, temporary, lump sum, rehabilitative or permanent periodic alimony. However, after the conclusion of your Broward divorce case, one spouse may have their Broward child support, child custody and divorce attorney ask the judge to reduce or terminate the alimony because of a statutorily created supportive relationship.

In determining whether an existing award of alimony should be reduced or terminated because of an alleged supportive relationship between an obligee and a person who is not related by consanguinity or affinity and with whom the obligee resides, the court shall elicit the nature and extent of the relationship in question. The court shall give consideration, without limitation, to circumstances, including, but not limited to, the following, in determining the relationship of an obligee to another person: the extent to which the obligee and the other person have held themselves out as a married couple by engaging in conduct such as using the same last name, using a common mailing address, referring to each other in terms such as "my husband" or "my wife," or otherwise conducting themselves in a manner that evidences a permanent supportive relationship; the period of time that the obligee has resided with the other person in a permanent place of abode; the extent to which the obligee and the other person have pooled their assets or income or otherwise exhibited financial interdependence; the extent to which the obligee or the other person has supported the other, in whole or in part; the extent to which the obligee or the other person has performed valuable services for the other; the extent to which the obligee or the other person has performed valuable services for the other's company or employer; whether the obligee and the other person have worked together to create or enhance anything of value; whether the obligee and the other person have jointly contributed to the purchase of any real or personal property; evidence in support of a claim that the obligee and the other person have an express agreement regarding property sharing or support; evidence in support of a claim that the obligee and the other person have an implied agreement regarding property sharing or support and whether the obligee and the other person have provided support to the children of one another, regardless of any legal duty to do so.

In Baumann v Baumann, the Second District Court of Appeal reversed the decision of a Florida divorce court that reduced the former husband's alimony obligation to the Former Wife. The former husband was required to pay the former wife $1800 per month in permanent periodic alimony. In 2007, the former husband petitioned the Florida marital and family law court to reduce or terminate his alimony obligation since the Former Wife was involved in a supportive relationship.

At the trial, the trial court found that the former husband had proven that the former wife was in a supportive relationship and was receiving $1400 per month from her supporting partner. Accordingly, the former husband's alimony obligation was reduced to $400 per month. However, following a hearing on the former wife's motion for rehearing the trial court acknowledged the existence of a supportive relationship but found that the Former Husband did not meet his burden in proving that the Former Wife's need for alimony decreased as a result of the supportive relationship and required him to continue to pay the former wife $1800 per month in permanent periodic alimony.

In reversing the decision of the Florida divorce court, the Second District Court of Appeal held that the trial court improperly placed the burden of proving a reduction of the former wife's need for alimony on the former husband. The court reasoned that the burden was on the former wife to establish that her original financial need continues to exist despite the supportive relationship after the former husband proved its existence.

Your divorce in Broward was most likely an extremely difficult process. While your Fort Lauderdale divorce attorney is not your therapist, it is important for you to let go and move on after your divorce. You should learn to incorporate different specific skills to assist you with emotionally recovering after the child custody, time-sharing, alimony and child support aspects of your Cooper City divorce.

You should take back control of your life by letting go of the pain, resentment and regret. You must also fully accept and take responsibility of your new reality and feelings. It is also important to handle your emotions in a healthy way to avoid collateral damage. During your Broward divorce, you must make the decisions about how you will handle your divorce and how it will affect you and your child's life.

While 50% of marriages in the United States end in a divorce, a divorce does not have to resemble a war with various casualties. Your Fort Lauderdale divorce lawyer will recommend you to be civil and respectful after your marital and family case to ensure a stable and bright future for all interested parties. When a divorce is not overwhelming, a marital and family lawyer can easily settle different parts of your Broward divorce case including , child custody, child support and alimony.