Fort Lauderdale Divorce Lawyer Blog

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.

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.

When you meet with your Fort Lauderdale divorce lawyer, you will soon have an understanding of the main elements of your divorce case. These includes sole or shared parental responsibility, a parenting plan that includes a time-sharing schedule, equitable distribution of the marital assets and liabilities, alimony, child support and attorney's fees and costs. However, once the Broward marital and family court enters your Final Judgment of Dissolution of Marriage, you will be a single mom who is responsible for the day to day care of your children.

When your former spouse exercises his custody rights of time-sharing in Fort Lauderdale, you may initially have some anxiety. How you and your former spouse communicate becomes an example for your children and lays the foundation for how your children will manage their future relationships. Your Broward divorce attorney will explain that you should never discuss your marital and family law case with your children or negatively criticize your former spouse to your children.

Regardless of whether you file for divorce in Miami-Dade or Broward, a divorce can have a major impact of your finances. If you are a newly single mother who relied on her former spouse to pay the bills, you need to quickly learn about your finances. You should establish a monthly budget that takes into account any alimony or child support that your receive, purchase life insurance and understand your credit.

Finally, you can not forget about yourself. While you may not be ready to date, you need to have a social life. Enjoy your downtime and stay healthy in order to give you the energy and stamina that you need. Make sure that you get plenty of sleep.

Being a parent is a hard job. However, being a single mom can be more difficult. You must remember to thrive and grow with your children and create wonderful new memories after your divorce in Fort Lauderdale.

If you have recently been divorced in Broward, you most likely never thought that you would be a single mom. In Florida, the odds are stacked against you when you get married and have children. 50% of first time marriages and 67% of second time marriages end in divorce in Ft. Lauderdale. Single mothers in Fort Lauderdale who are becoming adjusted to their custody, time-sharing schedule and parenting plan are not alone. The following are some tips that your Broward divorce attorney should discuss with you after your case has concluded.

You need a group of people to rely on after your Florida marital and family lawyer finalizes your divorce. Consider your friends, relatives, neighbors and co-workers when you have an emergency and need a third party to rely on. You should also consider the parents in your childrens play groups, classes and after school activities to provide you with emotional support. Chances are that you will be able to speak to other moms who have been divorced in Hollywood, Plantation, Westin, Pembroke Pines and other cities in Miami-Dade and Broward who can lend a helping hand.

There are many positive attributes about being a single mom. Immediately rid yourself of any guilt that you may feel from being a single mom. You need to find inspiration to feel good about your decision to hire a lawyer and file for divorce, child support and alimony in Fort Lauderdale.

Last but not least, you must set ground rules with your former spouse. The both of you are going to have to implement your child custody arrangement, which in Florida is now referred to as a parenting plan and time-sharing schedule. Your Fort Lauderdale divorce lawyer will have assist you in creating a formal agreement that deals with all areas of coparenting.

In part one of my last blog, Planning Your First Step After Your Fort Lauderdale Divorce, I discussed why it is important to speak to financial and legal experts following the entry of the Final Judgment of Dissolution of Marriage by the Broward County divorce judge. Most likely, your marital and family law attorney in Fort Lauderdale has advised you to update your estate and financial plans to reflect your new economic circumstances. Here are some additional ideas to consider:

Plan For Special Needs Children

If you have a disabled child who is expected to need lifetime assistance, consider a special needs trust to protect your child from having to give up any public financial assistance. In addition, your special needs child may not have to give up access to medical care that could be taken away due to an inheritance. When assets are held in trust, they are generally not considered the child's assets.

Re-Visit Insurance

You need the best health coverage you can afford for yourself and your children. Life, property, liability and disability insurance become equally as important, particularly if you failed to address those needs during your divorce.

Review Account Titling And Beneficiaries On Investments

Check to make sure that the assets were divided correctly in your divorce. Also, make sure that all beneficiary information is correct. This will save you lots of headaches later.

After your divorce in Broward County, the last thing that you want to do is consult another attorney. Let's face it, your probably paid your Fort Lauderdale divorce lawyer a lot of money. Regardless of your age or whether or not you have kids, it is important to consult both financial and legal eperts to be sure your estate and financial plans are updated to reflect your new circumstances. If you were not working with a financial and legal expert during your divorce, now is the time. You should consider the following:

Start With A Financial Planner

Get a look at your finances after your divorce is finished. Expenses for single people can grow quickly and unexpectedly. A financial planner can help review your new spending and savings needs, compare strategies to achieve long-term goals and give you tools to protect your assets and loved ones if you die suddenly.

Talk With An Estate Planning Attorney

An estate planning lawyer can customize an estate plan to fit your needs. If you have kids and plan to remarry ome day, you may want to ensure that specific assets are guaranteed for them when you die. In some cases, where a spouse dies unmarried with minor children, the ex-spouse might automatically gain control of assets that were for the children. This is why you need to plan in advance

Make A Guardianship Plan For Your Kids

If your children are minors, it's particularly important to make sure you and your former spouse have a guardianship plan for who will raise your children if you cannot. It is also important to establish an efficient legal structure for distributing your assets as well as appointing a trustee to help your children with the financial transition.

In my next blog, I will discuss some other ideas that will encourage you to consult both estate and financial planners after your divorce.