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.

Divorce attorney's in Miami, Coral Gables, Hallandale, Plantation and other South Florida cities are preparing for a statutory overhaul regarding legislative modifications to the statute governing alimony. One of the most significant changes is the codification of bridge-the-gap alimony.

Bridge-the-gap alimony assists a party in making the transition from being married to being single. It assists a party with identifiable short term financial needs. A marital and family law judge may not award bridge-the-gap alimony for a period in excess of 2 years. Bridge-the-gap alimony terminates upon the death of either party or upon remarriage of the party that receives alimony. Last but not least, bridge-the-gap alimony is non-modifiable in amount or duration.

Another important change to alimony relates to rehabilitative alimony. Rehabilitative alimony assists a party in redeveloping previous skills or credentials. It also helps a spouse acquire education, training or work experience necessary to develop employment skills. In the Final Judgment of Dissolution of Marriage, the court must detail a defined rehabilitative plan. A party may modify or terminate rehabilitative based upon a substantial change in circumstances or compliance with the rehabilitative plan.

Next, durational alimony will be used by courts when permanent alimony is not appropriate but a party needs economic assistance for a period of time after a short or moderate term marriage. A recipient of durational alimony can not receive this alimony for a period of time that exceeds that of the marriage. While the length of durational alimony is non-modifiable absent exceptional circumstances, the amount can be modified once there has been a substantial change in circumstances. Durational alimony terminates upon the death of either party or if the recipient gets remarried.

Finally, permanent alimony can be awarded after a long or moderate term marriage. It is generally used to provide for the needs and necessities of life established during the marriage for a party who does not have the financial ability to meet his or her needs. An award of permanent alimony can be modified or terminated based upon a substantial change in circumstances or if the recipient is involved in a supportive relationship. Permanent alimony alimony terminates upon the death of either party or if the recipient gets remarried.

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.

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.

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.

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.

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.

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.

The troubling economy may be downsizing the number of divorce filings in Miami-Dade and Broward county. According to a recent survery of lawyers involved with the American Academy of Matrimonial Lawyers, 57% of attorneys have reported fewer divorce filings since the last quarter of 2008. On the contrary, 14% reported an increase in divorce filings.
The American Academy of Matrimonial Lawyers encourages the study, improving practice, eleveating the standards and advancing the cause of marital and family law in the United States and Fort Lauderdale. However, if you are not receiving any child support from your spouse, you should talk to a Broward divorce lawyer about the different options that are available to you. Staying in a marriage as a result of the recession may be detrimental to both you and your minor children.

A Florida divorce court has finalized the dissolution of marriage action for Ronald Cummings, father of Haleigh Cummings, a young girl who disappeared in February 2009. Ronald Cummings cited an irretrievable breakdown in the marriage to his wife, Misty Cummings, who he married one month after his daughter went missing from his Florida home. Under the terms of the marital settlement agreement which was approved by the St. Johns County Court, a divorce court north of Fort Lauderdale, the parties waived any rights to alimony, child support and other financial payments from each other.

Misty Cummings was the last person that saw Haleigh Cummings before she disappeared from her father's home in Putnam County. After placing the child to bed, the following morning she woke up and realized that the child was missing. Police do not believe that Misty Cummings has told them all of the information that she may know related to the child's disappearance. They believe that she holds important clues in the case since she has neglected to provide an accounting of the later evening before and early morning of the child's disappearance. In addition, physical evidence has contradicted Misty Cumming's account of the evening activities. She has yet to be named a person of interest or a suspect in this investigation.

Fort Lauderdale police chief Frank Adderley retained a Broward divorce lawyer and has filed for dissolution of his marriage prior to his wife being sentenced for shooting at him for an alleged adulterous affair. Documents in the court filed indicate that a Christmas gift of earrings to another woman made Eleanor Adderley commit a serious crime against her husband, a law enforcement officer. Mr. Adderley alleges that his 18 year marriage to his wife is irretrievably broken. He has also requested custody of the minor child born during the marriage.

In July 2008, Eleanor Adderley used her husband's gun and fired one bullet into the foot of the couple's bed that her husband was lying on. In addition, she fired two more rounds outdoors as her husband ran outside to a neighbor's home. Today, Broward County Circuit Court Judge Jeffrey Levenson sentenced Eleanor Adderley to nine months behind bars at the Broward County Jail followed by two years of probation.

The Fort Lauderdale divorce case has been assigned to Judge Alfred J. Horowitz, a circuit court judge assigned to the marital and family law division which handles matters pertaining to custody, time-sharing, parenting plans and alimony in Broward County, Florida.

Monroe County, Florida which is south of Broward and Miami-Dade has the second highest rate of divorced residents in the United States of America. 18.3%, or 11,473 of Monroe County's 62,229 have hired a divorce lawyer or proceeded without a divorce lawyer in obtaining a Final Judgment of Dissolution of Marriage or have divorced somewhere along the way. Census reports indicated that 6,829 men and 4,644 women are divorced in The Florida Keys.

The Florida Keys atmosphere may play a role in these statistical figures. The Florida Keys is a place of escape. There has been economic problems in Monroe County just like every other county in Florida. Other counties in Florida that are included in the top ten counties in the nation for percentage of divorced residents include Putnam in North Florida and Pinelles on the west coast, both which report rates higher than 16%.

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