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There are instruction manuals for every device or household appliance you acquire, however, you get nothing after you tie the bonds of holy matrimony. The Florida Family Policy Council reports that Florida Senator Kelli Stargel, R-Lakeland and Representative Dennis Baxley, R-Ocala, are expected to introduce a bill to have a marriage handbook created and distributed to newlyweds.Currently, in order to obtain a marriage license, couples are required to read a “handbook” which details the cold harsh realities of marriage but not actual constructive advice. The current handbook has instructions on how property would be divided in a divorce, what to do in the case of domestic violence, or what you can and can’t legally do to your spouse and children. This proposed handbook would try to help couples from having marriage’s darker side.

The guidebook’s purpose is to possibly curb divorce rates and other incidents of marital discord. The guidebook would cover topics of sharing finances, conflict management, parenting skills, and other important matters individuals entering a lifelong bond would need to know to ease their inevitable obstacles. The guidebook would contain contact information for agencies and other supporting bodies for individuals needing further marital assistance. Similar guidebooks are distributed in Alabama, Arizona, Colorado, Louisiana, Oklahoma, Texas and Utah.

The guidebook would be given out at the offices of the clerk of the court to all couples looking to be wed. Sen. Kelli explains the need for such a guidebook saying “so many young couples getting married today come from broken homes and cannot draw upon a living example of how a marriage works”.

The new literature is welcomed. Florida, the sunshine state, currently ranks 8th in divorce rates. According to Rep. Baxley Florida taxpayers carry a $2 billion dollar annual burden for costs related to divorce and supporting single parent families.

Some question the usefulness of such a manual citing the idea that the couples to take an interest in reading the book will likely find solutions and those likely to ignore it will be the ones needing it the most. However, any opponents have little grounds to reject the proposal as the publishing of the book would be completely funded by money raised from private foundations and, accordingly, is not expected to cost the taxpayer anything.

The bill will appoint a Marriage Education Committee to create the book with the goal of helping and preparing individuals citing extensive research that supports that marriage education has allowed unprepared couples to end the engagement early rather than engage in an eventual divorce.
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Alimony, otherwise known as maintenance or spousal support, has long been a pillar of social and economic stability for individuals reorganizing their life after a divorce. A bill intended to reform Florida’s alimony laws, known as HB231, has just passed its first subcommittee in the Florida House in a 10-2 vote and is now headed the House Judiciary Committee to be decided in the next several weeks. The HB231 bill’s purpose is to limit the extent of alimony, both the amount and the duration.

Alan Frischer, of Florida Alimony Reform, created the bill in hopes of updating what the group sees as Florida’s “archaic” alimony system. The bill’s sponsor, Ritch Workman, R-Melbourne, hopes this bill will allow someone who has gone through a divorce the ability to “move on with their life” without forever being tied to excessive payments. During the subcommittees hearings, several victims of the current “archaic” alimony system were brought in to explain their plight. The individuals included one divorced man who claimed about half of his salary went solely to alimony.Opponents of the current reform bill cited the important role alimony plays in many people’s lives, especially newly single parents. Many spouses develop a skill set, lifestyle, and spending budget based on the couple’s income. When the marriage ends the spouse who contributed to the household but has not developed professionally could be left in severe need; unable to pay bills based on the previous income. In most instances, this disadvantaged spouse is the woman which has led to critics, such as Rep. Cynthia Stafford, D-Miami, to call this reform “anti-woman”.

One of the basic most tangible tenets of HB231 is that it would limit the extent of alimony to 50% of the duration of the marriage. In other words, a 20 year marriage could lead to only 10 years of alimony. A divorcing partner could seek an extension of this time, which will be known as durational alimony, with only “clear and convincing evidence that exceptional circumstances justify the need for a longer award of alimony.” In order to make such a showing, one should contact a qualified Florida family law attorney.
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Kim Kardashian, currently carrying the baby of rapper boyfriend Kanye West, has filed for an emergency divorce from her husband Kris Humphreys. According to several sources Kris Humpreys, basketball player for the Brooklyn Nets, has repeatedly professed his wishes to be married only once and is looking to annul his marriage with Kim rather than divorce citing her unwillingness to give the 72 day marriage a chance to thrive. Kris has remained relatively silent on the matter and has let his attorney do all the talking.

According to papers filed with a California court, Kim’s purpose for filing for an emergency divorce is supposedly for the benefit of her unborn baby. In the documents, Kim cited the health and well-fare of both Kim and her baby as reason to expedite the proceedings as she is soon to pass her first trimester.

Kris, through his attorney Marshall Waller, is now seemingly throwing out all the stops to stall the divorce process and eliminate her emergency plea. In papers filed with the court in response to Kim’s plea Waller explains that Kim’s pregnancy has nothing to do with his client Kris and should not affect the timing or nature of the divorce proceedings.

In the end, Kim is aiming for a speedy divorce and Kris is seeking an annulment. So what’s the big difference?

An annulment simply explained is a way of terminating the marriage by convincing the judge the marriage was not valid from the start. This requires a showing on the grounds the marriage was either “void” or “voidable”. A “void marriage” is one that should not have legally existed to begin with, for example marrying a sibling, as Florida law strictly prohibits marriages of incest. These marriages are annulled at their inception. A “voidable marriage” means the marriage was legal and may proceed happily but something, typically revealed later, has the ability to nullify it. If a partner is under the age of consent, and neither parent consented, it is voidable and may be annuled if a party petitions the court. However, the couple could continue the marriage if they wish.

After an annulment the law does not recognize the marriage to have ever existed. Thus annulments erase the marriage and divorces simply end them.

Getting a divorce in Florida may be possible in nearly any situation with the state’s no-fault rules, an annulment is not so convenient. A no-fault divorce allows either party to seek a divorce if the marriage has become irretrievably broken. This does require a divorce proceeding and a review by the court that all property matters are properly dealt with. An annulment can only be obtained based on those void or voidable factors.

Annulment in Florida is governed by case law so it is up to the judge’s discretion on whether to grant one. A judge may see any sort of marital sexual activity after nullifying details have been discovered as reason not to grant an annulment. Furthermore, a judge is not likely to grant an annulment unless both parties are present. Because there is little governing case law, no established procedure, and nearly absolute authority in the judge, annulments may be a risky process. It is important to seek an experienced divorce attorney to guide you down the path and advise you of your options.
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Deion Sanders, famous football hall of fame all star, has recently gone through a divorce that can teach any person going through or expecting a divorce some important lessons.Born in Fort Myers, Florida, Deion went on to become a star football and baseball player for the Florida State University. Playing football as a Seminole, Sanders was a two time All-American cornerback in 1986 and 1987. Deion Sanders then went on to play successfully for several MLB and NFL teams. He is most often identified for his football legacy with the Dallas Cowboys. Sanders also holds the all-time record for defensive and kick return touchdowns. Sanders currently works as an NFL analyst.

The divorce began and stalled shortly after. In September 2011, Pilar Sanders, Deion’s wife since 1999, was served with divorce papers from Deion. Deion eventually denied this service and claimed the divorce was nothing but a rumor. Then in December 2011, Deion admitted that he was getting divorced.

The divorce ultimately turned into a lengthy process as Pilar and her lawyer brought numerous contentions regarding their prenuptial agreement (“prenup”). The prenup gave Pilar $100,000 after signing and would give her $1 million upon divorce, however, she would be eligible for much more in absence of the agreement. Nonetheless, during the trial filed by Pilar to contend the prenup, questions on whether her initials were forged in certain sections led to a handwriting expert to be brought in and testify it was not authentic. In addition, there were rumors of abuse during the marriage and accusations of coercion and failure to disclose assets during the signing process.The judge ultimately upheld the validity of the prenup heavily relying on statements made by Pilar in 1999 when Pilar had testified in court that the prenup was fair to her.
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After four years of marriage, a Florida native divorced her husband, a Texas native. The same-name couple has had their fair share of publicity since they met on Facebook in 2009 when the female found him through some simple browsing. The two had fun with the little coincidence over messages, those messages evolved to a personal relationship and only a few months later the couple married in Coconut Creek Florida.Now the two have gone through a very amicable divorce – one less worry they have than your average divorcee is the decision and process of changing your name back. In some cases, this will affect the male partner, but nine times out of ten it affects the female. According to Laura Hamilton, a University of Indiana sociology researcher and a lead author of a name-change study puts the percent of women who do change their name at about 90-95%.

Women change their name at marriage for several reasons including family identity, legal recognition, or to symbolize a life change. Upon divorce there are numerous factors, aside from catchiness, to consider when deciding to change back or not. Firstly, it is symbolic – it is symbolic of a new start, a break from the old ways, a reestablishing an identity with your family over his. This name change after a divorce can lead many to begin being the person they felt was stifled during the marriage.

However, there are some downsides to consider with changing your name back. Career-wise you may suffer a setback. Name changes can lead to confusion, lost connections, and a difficult-to-discover professional history. It can cause a paperwork nightmare between employers, banks, DMV, Social Security, memberships, agencies, and nearly any other organization you depend on. You might like the new identity you made for yourself, and if the divorce was friendly, may lead to new feelings of loneliness. And lastly, it might be easier on your children to spare them the identity conversion.

If you wish to pursue a name change in the Fort Lauderdale area, the Law Office of Sandy T. Fox can help. See below for the next steps in the name change process:

Your Florida divorce decree may include a provision regarding your name change. In Florida, the judge will ask the wife her wishes. The husband has no voice in this decision. However, a partner may have agreed to change their name back in the couple’s prenuptial agreement or, in some high profile divorces, the ex-husband may make a generous offer to the spouse to agree to lose his name.

If this provision is missing you will need to contact the court that granted the decree to amend the document. If your amendment is denied you will need to petition for a name change.

If your divorce decree includes a name change provision or after you have successfully petitioned the court to amend for a name change provision – you will need to contact your local Social Security office. After proving your identity through personal ID such as your driver’s license or passport and providing your divorce decree and birth certificate – Social Security will then, if approved, mail your new social security card.

After you have your new social security card, you will need to use that in conjunction with your birth certificate and personal ID to change your name with your local DMV. Once you receive new driver’s license or passport you will need to contact your bank, and other agencies and organizations you are involved with. If you need assistance with the processes following a divorce, you should speak with a knowledgeable Florida family law attorney.
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Any Florida law student will tell you that infidelity will not matter in a divorce. An experienced Florida divorce attorney can tell you that it might cost more than you think.

In divorce proceedings, courts will not want to assign blame for the failed marriage. The court will want to divide property and child maintenance costs using statutorily established formulas. The question of cheating is left at the courtroom doors. Furthermore, Florida, being a no-fault divorce state, does not require any proof of adultery to obtain a divorce.However, a scorned spouse may elongate the process and make a simple proceeding more costly and complicated than an amicable divorce and unless both parties can cooperate, mediation may not be an option. This will mean more money lost in court to the spouse and more money spent on court and representation expenses. Most divorce attorneys will suggest a spouse should keep outside romantic relations to a minimum to reduce a messy emotional divorce.

Adulterous spouses might also suffer in divorce settlements in Florida.

Prenuptial agreements may contain a multitude of behavioral clauses. Two actual clauses on the bizarre side include a clause limiting the husband to only watching one football game per week or a limit on the wife’s potential weight range. It should not be a surprise then that infidelity clauses are somewhat more common. It is rumored that Catherine Zeta-Jones has protected herself with such a clause in her prenup with Michael Douglas. The one downfall to such a clause is that a court would require legally obtained proof of the affair which can be sometimes difficult to provide. The Law Office of Sandy T. Fox has extensive experience drafting and executing any and all types of prenuptial agreements.

A unfaithful spouse has most likely spent funds belonging to the marriage on the affair. With adequate proof, a spouse may recover a portion entitled to them under marital property as these gifts would be considered “waste”. Marital funds are meant to keep a marital home intact. This may mean money out-of-pocket by the cheating former spouse. This may make spousal support more costly if this extra cost to the marriage has incurred deeper costs on the non-offending spouse such as debt.

“Moral fitness” is also a factor in Florida for determining child custody. The former spouse will be seen as a whole person but proof of abandonment, viciousness, secrecy, and deviancy by the adulterous spouse will go against them. The court will weigh the parent’s relationship with the child, financial stability, and other factors but it is still a risk. This could also could have a threat on visitation rights.

If the unfaithful spouse committed acts of adultery in the presence of the child, that can held against them. If the unfaithful spouse flaunted these acts in front of the family, that can be considered a form of abuse by the court.

Furthermore, all severe acts of immorality or irresponsibility paint a picture of character, whether fairly or not. The subconscious bias of a judge or mediator can be detrimental in motions and the extent of sympathy you will be awarded.
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Earlier this month, the United States Supreme Court agreed for the first time to hear two cases that challenge state and federal laws that define marriage as being exclusively between a man and a woman. One case challenges a federal law that denies benefits to same-sex spouses in states where gay marriage is legal. Depending on how the Court rules, the other case may decide whether Americans have a constitutional right to marry a partner of the same sex.

The Supreme Court agreed to hear two of seven recently appealed cases that deal with same-sex relationships. The Court’s review will take place at a time when nationwide surveys reportedly show a majority of Americans support same-sex unions. In February 2011, Attorney General Eric H. Holder Jr. stated although the federal Defense of Marriage Act of 1996 (DOMA) would continue to be enforced, President Obama believes the law is unconstitutional and would no longer defend it against legal challenges. In addition, nine states now authorize gay couples to marry.

One case the Court agreed to review is a challenge to Section 3 of DOMA. The case arose after one member of a same-sex couple who was married in Canada died. Although the surviving partner inherited all of her spouse’s property, she was required to pay more than $360,000 in estate taxes despite the union. The United States Court of Appeals for the Second Circuit struck down DOMA, and the case was quickly appealed. The other case that will be heard by the Supreme Court challenges the constitutionality of California’s Proposition 8 ban on same-sex marriage. Although the United States Court of Appeals for the Ninth Circuit held the ban was unconstitutional, it is unclear whether the high court will limit its holding in the case to the State of California.

Although a number of states now allow gay marriage, many couples face hurdles with regard to Social Security survivor benefits, filing joint tax returns, and inheritance taxes. Gay couples who marry legally and later relocate often face additional legal difficulties. In addition, same-sex couples who split currently face what many refer to as the “gay divorce tax” because a transfer of wealth between former partners is generally more costly from a federal tax perspective. If you are facing the end of a same-sex or other long-term relationship in Florida, a competent family law attorney can explain your legal rights and obligations.

In 1997, the Florida Legislature passed the Florida Defense of Marriage Act. Under the law, the State of Florida will not recognize same-sex unions whether or not they were entered into legally in another state. Although gay and unmarried couples cannot divorce in Florida, important legal issues may be addressed in a legal separation agreement. A separation will normally divide a former couple’s property and debt and address both child custody and support. Facing the end of any long-term relationship is difficult. If you have questions, contact a qualified family lawyer to help you protect your rights.
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For more than 20 years, Public Broadcasting Service staple Sesame Street has avoided discussing divorce on the show. Now, the Sesame Workshop that produces the hit children’s show has created a 13-minute segment regarding the topic for specific and targeted audiences. Although the divorce segment will not air on live television, it was produced as part of a multimedia kit designed to tackle the issue head-on in an allegedly understandable and non-frightening manner. According to Lynn Chwatsky, Sesame Workshop’s Vice President of Outreach Initiatives, the Little Children, Big Challenges: Divorce, multimedia kit was created to demonstrate to the children of divorce that they are not to blame, nor are they alone in their experience.

The parents of an estimated one million children throughout the United States choose to separate or divorce every year. Because many of those relationships end before a child begins school, Sesame Street researchers reportedly decided it was time to finally address the issue of divorce on the show. An independent segment consultant and Professor of Human Development and Family Studies at the University of Illinois at Urbana-Champaign, Robert Hughes, said parents who are going through a divorce often feel overwhelmed. The Sesame Street divorce kit was purportedly designed to give such parents a tool for helping their children cope with the normally emotional matter. Chwatsky stated the beauty of Sesame Street is that the Muppets can often do things for children that grown-ups cannot.

Each year, many Florida couples find themselves in the midst of a separation or divorce. The host of emotions associated with the end of a marriage can be overwhelming. Because of this, divorce can have a profound impact on both parents and their minor children. A strong support network of family, friends, and even professional counselors can help divorcing parents maintain a positive outlook and help their kids adjust to their new circumstances more easily.

A final judgment of divorce for the parents of minor children in Florida will include a time-sharing agreement and a parenting plan. A time-sharing plan will outline a child’s schedule and state where he or she will spend overnights, holidays, and other important dates throughout the year. If you are a Florida parent who is considering divorce, you should contact a capable divorce attorney for assistance.
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According to researchers at the University of Michigan’s Institute for Social Research, a husband’s relationship with his wife’s family is a good indicator of future marriage success. A forthcoming study published in the journal Family Relations analyzed 373 married couples over a 26-year-period. At the beginning of the study, all couples were married for less than one year and each spouse was between the ages of 25 and 37. Researchers asked each member of the couple to rate how close they felt to their spouse’s family and then followed the success of each marriage over time. The study reportedly found that couples were 20 percent more likely to remain married when the husband had a good relationship with his in-laws. In addition, couples in which the wife had a good relationship with her spouse’s family were reportedly 20 percent more likely to end their marriage.

Lead study author, Dr Terri Orbuch, believes the disparity may arise from the differing ways in which men and women view themselves and their familial relationships. Orbuch said relationships are generally more important to women, so it is a positive characteristic when a man gets along with his wife’s family. For women, Orbuch stated, their role as a wife and mother tends to be very important. Orbuch believes women may become too involved in their husband’s family and fail to set boundaries. Consequently, any statements made by even a well-meaning in-law are often interpreted as meddling. Men, on the other hand, allegedly identify most with their role as a provider. According to Orbuch, husbands are simply much less likely to take the actions of their in-laws personally.

Sadly, 46 percent of the couples in the study later divorced. Although no one expects divorce to happen to them, about half of all marriages in the United States will eventually be dissolved. If you are considering marriage, you should discuss entering into a premarital agreement with your future spouse. A prenuptial agreement is a contract between the members of a couple that is signed prior to marriage. Normally, such an agreement will address how a couple’s assets will be distributed if the marriage ends. It will also describe any spousal support obligations that may arise in the event of a divorce or the death of a spouse. Entering into a premarital agreement is always a smart move. Many Florida couples who fail to enter into a prenuptial agreement before they marry later regret their decision. If you have questions about premarital agreements, you should contact a skilled family law attorney.
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A movement to reform Florida’s alimony laws that began about ten years ago is reportedly beginning to gain momentum. Although the movement was initially primarily composed of divorced men, an increasing number of women are allegedly in favor of amending permanent alimony laws in the State of Florida. With divorce rates hovering near 50 percent, the increase in female support reportedly comes from second wives whose husbands are paying permanent alimony to their former spouse. Others are purportedly women who have refused to marry in order to keep their earnings from being used to recalculate a permanent alimony award.

According to Alan Frisher, Spokesperson and Co-Director for Florida Alimony Reform, although a number of changes were made to state alimony laws in recent years, they were not sufficient. Frisher, who has paid his former spouse permanent alimony for nearly ten years, stated most of the alimony laws currently in place in Florida were created in the 1950s. He believes they need to be reformed because societal shifts have fundamentally changed the economics of marriage. Frisher also said the goal of his organization is to educate legislators regarding the unfairness of current permanent alimony statutes.

Some feel that Florida’s current alimony laws discourage former spouses from becoming self-sufficient. It also reportedly creates lifetime financial ties between individuals who chose to end their marriage. When a Florida alimony payer remarries, a judge may increase his or her former spouse’s support award based on a perceived decrease in personal expenses. Florida Alimony Reform reportedly seeks an end to permanent alimony in favor of a fixed-term or long-term durational award system that would end once the payer reaches the age of retirement.

In most Florida divorce cases, some sort of alimony is awarded to the spouse who was the lower wage-earner. The idea behind a spousal support order is to provide a former spouse with additional income as he or she makes the transition to self-sufficiency. Most alimony awards are reportedly paid for a limited term based upon the length of a couple’s marriage. The concept of permanent alimony in the state was allegedly designed to protect a parent who stayed home with the children in lieu of working. Permanent and other alimony awards may be terminated if a payee remarries or cohabits in a marital-type relationship.

In Florida, a court may award spousal support where there is a need on the part of the alimony recipient and an ability to pay on the part of his or her former spouse. Normally, a needs assessment is conducted prior to any spousal support order. A needs assessment will examine the distribution of marital assets and the former couple’s standard of living before the marriage ended. In general, a Florida court will not award spousal support where the potential alimony recipient has the ability to maintain the same standard of living following the distribution of all marital assets. A competent family lawyer can explain the process in more detail.
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