Articles Posted in Divorce

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For most people, going through a divorce is understandably stressful. Ending your marriage can impact many facets of your life. One often overlooked area is insurance. Health, life, and automobile insurance policies must be updated or changed in order to reflect your newly divorced status. This can mean higher premiums or become a source of contention between you and your former spouse. Fortunately, a capable divorce lawyer can help you negotiate such matters during the divorce settlement process.

Making changes to you health insurance policy while in the midst of a divorce could potentially leave you overinsured, underinsured, or even uninsured. Although it is tempting to remain silent and stay on a former spouse’s health insurance policy, this could result in being dropped later as a result of fraud. Following a divorce, most former spouses are eligible to obtain temporary COBRA coverage at full cost. Additionally, a divorcing couple must determine who will maintain and pay for the health insurance needs of any children who issued from the marriage. Whether the cost is shared equally, rotated, or simply incurred by one spouse must be negotiated as part of the divorce.

Much like health insurance, divorcing can have a dramatic impact on any life insurance policies a couple may own. Following a divorce, an ex-spouse must be released to make any beneficiary or other changes he or she deems necessary. Some parents feel additional life insurance is necessary following a divorce in order to fully provide for their minor children. Additionally, because insurance coverage may play a role in the divorce settlement process, a family court judge may order a former spouse to maintain a life insurance policy for the benefit of an ex in order to offset the potential for lost alimony payments.

Although it may sound obvious, it is vital to ensure that all life insurance policy payments are made in a timely fashion. When updating your life insurance policy after dissolution, you should also ensure that any workplace life insurance policies, retirement benefits, and advance healthcare directives reflect your current wishes.

Another frequently overlooked insurance policy during a divorce is automobile insurance. Once the two are no longer living under the same roof, a divorcing couple will need to ensure they have separate car insurance policies. This can result in higher premiums and added expense. If the cost of maintaining your automobile policy will be a burden, you should ask for additional alimony payments in order to offset the added cost. Also, it is a good idea for a divorcing spouse to obtain their own car insurance policy as soon as possible in order to ensure they are not unexpectedly removed from a joint policy without warning.
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As a result of tough financial times, married couples seeking a divorce in Florida are increasingly filing for dissolution of their marriages without the assistance of an attorney. In fact, more than half of divorces filed in both Sarasota and Manatee counties within the past five years involved at least one pro se spouse. An individual who acts as his or her own attorney in court is normally referred to as a pro se litigant. Depressed housing values, fewer assets, and the perceived cost of legal fees may all play a role in the trend.

In the past, home equity was a big source of contention in may Florida divorces. When the housing bubble burst, many divorcing couples turned to online or other do-it-yourself divorce forms. As a result, too many pro se divorcees do not fully understand their legal rights, and unfortunately end up making unwise compromises with regard to financial support, child visitation, and other aspects of family law. Not surprisingly, the divorce process can be a dangerous road to travel alone.

For many divorcing spouses, going before a judge without the assistance of an experienced legal advocate is a mistake. First, the economic downturn has resulted in budget cuts that can affect those who choose to represent themselves in a Florida family court. For example, most Legal Aid and low-cost mediation services throughout the state have lost funding. This results in dramatically increased wait times before a pro se litigant may obtain an appointment. Consequently, many would-be divorcees attend library workshops where a volunteer explains what specific legal terms mean and how to fill out a pro se divorce petition. However, such volunteers may not provide important legal advice. Additionally, Florida family court case managers are often stretched thin and public law libraries are often underfunded. As thousands of legal novices try acting as their own attorneys, Florida family law courts have reportedly become increasingly bogged down.

If you are considering ending your marriage, it is important to remember that Florida is a no-fault divorce state. This means neither partner needs to be held responsible for the end of a marriage. Although most family law matters can be resolved outside of court through a negotiated settlement, you still need a dedicated advocate on your side to represent your interests.

No matter the situation, couples who seek to end their marriage may negotiate a postnuptial agreement like a marital settlement agreement prior to filing a petition for dissolution. A postnuptial agreement can save divorcing couples both time and hassle because it will normally address the disposition of assets, pets, and any agreed upon spousal support obligations. If you are considering divorce, you should contact a hardworking family law attorney early on in the process to help you protect your rights and your financial future.
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In Florida and other states, divorce expos are offering assistance to people struggling with issues related to the end of their marriages. Workshops on money management, single parenting, and other topics seek to assist expo attendees with life after saying goodbye to a spouse. Additionally, divorce expos are designed to connect the recently divorced or separated with community and other resources that may help ease the often difficult and emotional process.

According to one recent divorce expo attendee, Katie Kanney, attending events geared towards the newly divorced is helpful because friends and family are not always privy to the entire story following a split. Kanney stated she has spent almost one year dealing with the physical and emotional aftermath of ending her 15-year marriage. Although Kanney has reportedly dealt with many aspects of her divorce, she is still struggling with hurt feelings and other emotions.

According to expo organizers, divorce is a complex matter with a host of issues that many people simply do not consider until they are engaged in the process. Such issues include not only decreased self-esteem, but also re-entry into the workforce, dealing with a smaller budget, and co-parenting challenges. Events such as a divorce expo are reportedly held to spotlight many of those issues. Vendors including divorce coaches, financial planners, and counselors also reportedly offer their services at such events. According to David Morgan, an Illinois-based financial planner, many of those in the business of helping the newly divorced choose to do so because too often one spouse is left without much understanding of a former couple’s financial situation. Morgan also stated it was his goal to assist divorcees in making smart financial decisions.

If you are contemplating dissolving your marriage, it is important to remember that Florida is a no-fault divorce state. This means the law does not hold either partner responsible for the end of a marriage. If you are facing a divorce or separation, you should contact a dedicated family law attorney who can help you protect your rights and your financial future.
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In some ways, new advances in technology can make surviving a divorce much easier. For example, email, video chat services, and online scheduling products can potentially make communicating with your children while they are in the care of your former spouse easier. In other ways, however, technology’s role in our daily lives may become a trap for the unwary. Too often, former spouses take to popular social networking websites like Facebook to vent or complain about one another. Doing so can create a variety of legal headaches.

Getting divorced normally leads to a host of emotions. It is understandable that many divorcing spouses seek to discuss their situation and concerns with friends and loved ones. Still, making negative statements about your former spouse on the Internet or in another public forum may lead to legal troubles down the road. In 2010, the American Academy of Matrimonial Lawyers found that 81 percent of attorneys surveyed saw an increase in the use of online social media evidence in divorce cases over the previous five years. If in doubt, it is always best to take the high road and keep your grievances off of the Internet.

If you are in the midst of a divorce or separation, it is important to consider that what you write about your former spouse can potentially get you sued. Although you may express your opinions, you may not lie in order to impugn your former spouse’s reputation. For example, if you call your ex a deadbeat and allege that he or she has failed to meet child support obligations that were in fact met, you could be sued for libel. A former spouse may also not harass or stalk their ex using the Internet.

Whether or not any statements made online merit legal action, it is important for both former spouses to understand that ranting on social media websites may harm both your children and your divorce case. If your former spouse’s employer has access to the negative statements you made regarding your ex, it may have an effect on his or her job, and corresponding ability to meet financial support obligations. Additionally, family court judges rarely appreciate reading incendiary tweets, Facebook updates, or blog posts, and such behavior will likely be taken into account when child custody and alimony awards are determined.

If you are concerned about what your former spouse may say about you online, it might be a good idea to negotiate protections into your marriage settlement agreement or ask the judge to prohibit such behavior. For example, a family court judge recently issued a gag order in the divorce proceedings between former NFL star and Major League Baseball player Deion Sanders and his wife, Pilar, amidst allegations of nasty tweets. Finally, if either you or your former spouse have said negative things about one another online, the easiest way to undo at least some of the damage is to issue a simple apology.
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Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.

According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.

Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.

Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.

In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
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A Fisher Island man was recently ordered to serve 180 days in jail after he reportedly allowed his 16-year-old son to marry the 18-year-old daughter of his housekeeper in an effort to remove the child from family court oversight. The 65-year-old father was charged with contempt of court and placed in the Miami-Dade Jail for allegedly taking his teenage son to Las Vegas the day after he turned 16 and providing him with consent to marry. The father allegedly did so after a Miami-Dade judge instructed the wealthy businessman to immediately place the child in a Utah boarding school for troubled teens. The boy was ordered to attend the school in November 2010 at the request of his father’s former wife. The teen’s mother, who was awarded joint custody of the boy when the couple split, reportedly asked the family court to place her son in the Utah school on the advice of an educational expert after he was arrested for striking a police officer.

Because the teen is now emancipated, the family court no longer has jurisdiction over him. Instead, Miami-Dade Circuit Judge Stanford Blake quizzed the father regarding the unexpected wedding. According to a hearing transcript, the boy was living in his father’s penthouse on Fisher Island immediately following the wedding. Meanwhile, the teen’s bride remained in Miami. Because the State of Nevada only requires the signature of one parent when a minor seeks to marry, the man reportedly allowed the boy to marry without his former spouse’s knowledge or consent.

At the father’s contempt hearing, his attorney told the court the Utah school declined to accept the boy due to his parents’ ongoing divorce. Despite the school’s rejection of the teen, Judge John Schlesinger stated the marriage was an obvious attempt to thwart the court’s order and keep the boy out of the school. Judge Schlesinger also said the man’s conduct was unacceptable and a clear example of indirect contempt of court. He is reportedly appealing his case to Florida’s Third District Court of Appeal.

Many Florida parents find themselves in the midst of a less than amicable divorce every year. Understandably, the host of emotions that are normally associated with the end of a marriage can be overwhelming. If you are considering divorce, you need a dedicated Florida family law attorney to help you protect your interests and those of your children.
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Increasingly, former spouses in South Florida are utilizing the services of a parenting coordinator. A parenting coordinator is a type of mediator who ensures parents comply with a written parenting plan. The aim of parenting coordination is to encourage communication between divorced parents and prevent their children from becoming a victim in their disputes.

In 2009, the Florida Legislature passed a law that allowed parenting coordinators to have a legal role in disputes between divorced parents. Under the law, a judge can appoint a trained parenting coordinator to mediate any disputes about shared responsibility of a former couple’s children. A parenting coordinator’s role is to help former spouses establish a detailed written plan for a variety of issues such as parental responsibility for certain child costs, child transfer locations and times, and the role of extended family members in a child’s life. When the law was passed, Florida had about 200 trained parenting coordinators. There are now approximately 300 parenting coordinators located throughout the state. Around 15 coordinators currently work in each of Florida’s 20 judicial circuits.

According to Fort Lauderdale family mediator Debbie Sedaka, time-sharing conflicts frequently account for the largest number of parental quarrels. Sedaka stated disagreements between divorced parents often break out during a child’s transfer. She believes a parenting coordinator’s most important role is to teach divorced spouses how to communicate with one another in a way that does not expose their children to more conflict. Pembroke Pines psychologist Pamela Silver said the job of a parenting coordinator is often a stressful one. She also stated it can be extremely difficult to act as a parenting coordinator in circumstances where parents cannot place the needs of their children above their own.

Still, an increasing number of judges and social service organizations believe divorced parents engaged in frequent conflicts can benefit from an outside mediator. Psychologist Jill Schwartzberg, who was recently trained to be a parenting coordinator for a family service organization near Boca Raton, stated it is necessary for parents to find a way to resolve their conflicts in a peaceful manner. Despite the sometimes difficult nature of the role, Schwartzberg believes it is important for parenting coordinators to do their best to protect the emotional well-being of children who come from high conflict families.

In Florida, a child custody agreement is referred to as a time-sharing schedule. A time-sharing plan will establish in writing which parent a child will spend weeknights, weekends, overnights, holidays, and school breaks with. If divorcing parents are unable to agree on a time-sharing schedule, a family court judge will create a time-sharing plan based upon a parent’s moral fitness, any evidence of neglect or abuse, and a variety of other statutory factors. If you are currently engaged in a time-sharing dispute, you should contact an experienced Florida child custody lawyer to discuss your rights.
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In a recent Broward divorce case, the former husband appealed the final judgment of dissolution of marriage. He claimed that Broward Circuit Judge Alfred J. Horowitz entered a final judgment of dissolution of marriage that did not reflect a settlement agreement that was reached by the parties and subsequently announced on the record.

During the trial, the parties reached a settlement agreement which was announced on the record by the former wife’s counsel. The trial court ensured that both parties had discussed the terms and conditions with their lawyer, had their respective questions answered and were entering into the agreement freely and voluntarily. Next, the trial court instructed the lawyers to submit a proposed final judgment of dissolution of marriage reflecting the agreement announced in open court. Counsel for the former wife moved for the entry of a final judgment of dissolution of marriage when the former husband had retained new counsel, Sandy T. Fox, Esquire, who objected to the former wife’s proposed final judgment of dissolution of marriage.

At the hearing several weeks later, the former husband’s new Fort Lauderdale divorce attorney, Sandy T. Fox, Esquire, argued that the former wife’s proposed final judgment of dissolution of marriage did not reflect to the oral stipulation announced on the record. Specifically, Mr. Fox disagreed with the proposed final judgment of dissolution of marriage as it related to the duration of alimony, child support award, equitable distribution of the marital residence and the payment of attorney’s fees and costs. Judge Horowitz instructed the Broward divorce attorneys to submit a proposed final judgment of dissolution of marriage in accordance with the settlement agreement that was announced in open court.

After receiving a letter from Mr. Fox that objected to the former wife’s proposed final judgment of dissolution of marriage along with the former husband’s proposed final judgment of dissolution of marriage, the trial court adopted the former wife’s proposed final judgment of dissolution without any changes whatsoever.

The settlement agreement provided for durational alimony of $1,000 per month but did not specify that it would continue for ten years, a period of time unilaterally selected by the former wife. As such, the final judgment of dissolution of marriage was remanded for the trial court to consider the duration of alimony and make findings consistent with section 61.08, Florida Statutes (2009).
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Since 1990, the rate of divorce for couples over 50 years of age has doubled. Increasingly, women over age 40 are reportedly seeking to end their marriages. The phenomenon has been dubbed the empty nest divorce and affects about one in four baby boomer marriages. Researchers believe the soaring divorce rate is a result of increased financial independence and a generational emphasis on individual happiness.

52-year-old Debbie Jenkins found herself surprised when she divorced her husband of more than two decades as she thought she would be married for the rest of her life. Instead, she filed for divorce after realizing neither party to the marriage could relate to one another anymore. She reportedly relied on her grown children and other relatives to help her cope with the changes to her life following divorce. Fifty-something Thatia Cuchera echoed Jensen’s thoughts. She ended her marriage after realizing the relationship she hoped for would likely never materialize. Instead, Cuchera stated she decided to take a chance on herself and embrace the world alone.

Some believe the empty nest divorce trend is a natural result of increased longevity. As life expectancy increases, fewer people are willing to remain in a marriage that fails to meet their expectations for four or five decades. Others feel women have more choices today than their mothers did and enjoy an increased level of independence. Whatever the cause for the higher over-50 divorce rate, financial advisers caution late in life splits can be especially complicated. As couples near retirement, a divorce can have a significant impact on each spouse’s financial outlook as assets are split between the two parties.

If you are contemplating dissolving your marriage, it is important to keep in mind that the State of Florida is a no-fault divorce state. This means no one has to be held responsible for the end of a marriage. If you are facing a divorce or another stressful family law matter, contact a capable South Florida family law attorney to help you protect both your rights and your financial future.
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Florida’s Third District Court of Appeals has ruled that attorney’s fees may be awarded pursuant to Section 61.16(1) of the Florida Statutes in a marital property settlement agreement enforcement action. In De Campos v. Ferrara, a former married couple dissolved their marriage in 1991. As part of the dissolution action, the parties entered into a property settlement agreement that required the former wife to pay her ex-husband one-half of the sale proceeds for a business the couple owned during their marriage. Although the business was not immediately sold, the trial court retained jurisdiction to enforce the parties’ settlement agreement.

In 2008, the wife sold the business, reportedly without telling the husband. He subsequently sought relief from the trial court that included a temporary injunction and an order compelling payment of his half of the sale proceeds. Although the wife argued that she previously disposed of the business by incorporating it into a new business and paying her former husband $48,000, the trial court disagreed. Instead, she was ordered to pay her former spouse one-half of the proceeds from the 2008 sale.

In 2009, the former husband filed a petition with the trial court for an award of attorney’s fees and other costs. The trial court denied his petition based on Flanders v. Flanders, stating that the action was “an equitable declaratory proceeding to construe and enforce the parties’ Property Settlement Agreement.” According to the trial court, Section 61.16(1) of the Florida Statutes did not apply to the parties’ case and the husband was not entitled to attorney’s fees since the property settlement agreement was silent on the matter.

On appeal, the Third District reversed the trial court by stating the matter was simply an enforcement action for a final judgment previously entered by the trial court. According to the Appeals Court, there was no ambiguity regarding whether the husband was entitled to proceeds from the sale of the business. Additionally, his former wife did not contest his rights. Instead, she merely contested whether her obligations under the property settlement agreement were previously satisfied. The Appellate Court stated Flanders did not apply to the case at hand because the proceeding was not a declaratory action. According to the Third District, Section 61.16(1) applied to the parties’ case because the court was merely being asked to enforce a marital property settlement agreement in a divorce matter filed pursuant to Chapter 61 of the Florida Statutes.

The Appeals Court also found the husband may be entitled to attorney’s fees because neither party expressly waived their statutory right to such an award in the property settlement agreement. Additionally, there was no implied waiver because the agreement failed to contain any language regarding an award of attorney’s fees. Since Section 61.16(1) applied to the case and governed any award of attorney’s fees, Florida’s Third District reversed and remanded the matter to the trial court.
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