Articles Posted in Divorce

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Last month, North Miami Mayor Andre Pierre’s nephew, Ricardo Brutus, was recently arrested and charged with felony charges for practicing law without a license. He was released from the Miami-Dade County Jail after posting a $25,000 bond.

Brutus’s arrest comes while he is awaiting trial in a separate case. He was previously arrested on March 25, 2011 and charged with unlawful compensation.

His recent charges stem from a Florida Bar complaint by a lawyer who claims that Brutus signed his name on two Miami divorce petitions filed in 2009. The lawyer who reported Brutus stated that he paid him to file cases or complete petitions, but he did not authorize him to sign documents which should only be filed by divorce lawyers in South Florida.

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Going through a divorce can be stressful for everyone involved, including a couple’s children. Although a separation or divorce will impact each child differently, it is still a time filled with transitions. For children, a divorce can mean moving out of the family home, changing schools, new scheduling and custody demands, and meeting a parent’s new partner. Understandably, when parents divorce many children feel angry, confused, guilty, or exhibit symptoms of anxiety. There are several steps parents can take in order to make the adjustment period following marriage dissolution easier on their kids.

It is important for newly separated or divorced parents to encourage their children to openly communicate both positive and negative feelings. Most children will have a lot of questions and display a wide range of feelings about their new life. Although parents should keep a child’s feelings completely separate from their own, it is a good idea to ensure children going through their parents’ divorce that lines of communication with parents are always open. It may also be helpful for children to discuss their feelings with a friend whose parents recently became divorced. Divorcing parents should also regularly remind their children that the separation was not way the child’s fault.

In order to make the adjustment to separate households easier, divorcing parents should not put their children in the middle of parental conflict or animosity. No matter what a divorcing couple’s situation is, it is always a good idea for parents to make an effort to remain both neutral and factual when discussing either the divorce or their former spouse around their kids. To help keep children from feeling like they must ‘choose’ a side, any heated disagreements should be discussed away from the former couple’s kids. Additionally, children should not be placed in the role of either messenger or spy.

One of the best ways for a divorcing parent to ensure the separation does not impact children negatively is to take care of themselves as well as the kids. Although divorcing is not easy, a strong support network of family, friends, and even professional counselors can help a parent in the midst of a split maintain a positive outlook. This may help kids adjust more easily.

In Florida, a final judgment of divorce for the parents of minor children will include a child custody arrangement and a parenting plan. Such an arrangement is also called a time-sharing plan. A time-sharing plan will outline where a child will spend overnights, holidays, and other important days of the year. If you are a parent who is considering divorce, you should contact a knowledgeable Florida divorce lawyer for assistance with protecting your rights.
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Approximately half of all American households are home to at least one pet. With a nationwide divorce rate that is currently hovering around 50 percent, “custody” battles over pets have reportedly increased significantly in the U.S. in recent years. A 2006 survey conducted by the American Academy of Matrimonial Lawyers found about one-quarter of attorneys polled reported seeing a rise in the number of divorce cases that involved a pet. Some believe the increase is due to the fact that many people now view their cat or dog as a member of their family.

To most people, their pet is much more than a mere possession. Society appears to be slowly changing to reflect this attitude. In New York, Maine, California, and Illinois, pets are treated as more than personal property in domestic violence situations. Law schools are increasingly teaching animal and pet rights courses. Additionally, pets are now included in U.S. government evacuation and disaster plans.

Unfortunately, pets are still viewed as personal property under Florida law. To a court, a dog or cat is viewed as property that is similar to a television or a piece of jewelry. In 1995, Florida’s First District Court of Appeal stated in Bennett v. Bennett that household pets are personal property and there is no basis in the law for granting visitation or custody for them. The court said that although many individuals consider pets to be members of their family, the court system was already overwhelmed with child visitation and custody awards and could not enforce similar awards for animals. The Bennett court also remanded the appellate case and directed the trial court to treat the family dog as personal property.

Unless a divorcing couple in Florida can reach a shared pet custody arrangement, a cat or dog will be treated like any other piece of property and awarded to one party or the other. Because of this, some divorcing spouses will give up large sums of money in a marital property settlement in order to keep a cat or dog. Sometimes, pets may also be used as a bargaining chip or tool for revenge in acrimonious divorce cases. Mediation, arbitration, or a negotiated divorce settlement agreement may make a divorce where pets are involved progress more smoothly. A qualified Miami divorce attorney can help.

Most family law matters can be resolved outside of court through a negotiated settlement. Postnuptial agreements such as marital settlement agreements may be entered into by married couples who are contemplating divorce or separation. A postnuptial agreement will normally address the disposition of pets, assets, and any agreed upon spousal support obligations. If you are considering dissolving your marriage, you are advised to contact a hardworking Aventura divorce lawyer early on in the process.
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35-year-old World Wrestling Entertainment star and Tampa resident John Cena has reportedly filed for divorce from his high school sweetheart after three years of marriage. According to Cena’s divorce filing, the couple’s marriage is “irretrievably broken.” His soon to be ex-wife, Liz Huberdeau, has allegedly hired the same Miami divorce attorney who represented Linda Hogan in her divorce from former professional wrestling superstar Hulk Hogan. In that case, Hogan’s ex-wife was awarded nearly 70 percent of the couple’s assets.

Cena is currently worth an estimated $18 million. Prior to the couple’s wedding, Huberdeau reportedly signed a prenuptial agreement that will make it difficult for her to access most of Cena’s assets. According to some news reports, the agreement even allows Cena to recover gifts given to his wife during the couple’s marriage. Although Cena is unlikely to be required to share the bulk of his assets with his soon to be ex-wife, it will be interesting to see how the court handles the case since the couple has been involved in a relationship for the past 14 years. They do not have any children.

The split is expected to get ugly as reports claim Huberdeau was shocked when Cena filed for divorce. Although the couple was allegedly having marital issues, Huberdeau was reportedly convinced they would be worked out amicably. According to news reports, Cena asked Huberdeau to sign a pre-divorce settlement agreement prior to filing for divorce. She allegedly refused to sign the document.

In the State of Florida, a prenuptial agreement is a written contract signed prior to a marriage that outlines how a couple’s assets will be divided in the event of divorce or death. Cena should benefit from having a prenuptial agreement in place prior to his marriage as negotiations over assets and spousal support obligations should have been decided well in advance of the marriage. Unfortunately, it is common for individuals with few assets to enter into a marriage without a prenuptial agreement in place. Too often, they later regret their choice.

Postnuptial agreements can also be a useful tool for Florida couples who are contemplating a separation or divorce. A postnuptial agreement will normally address how marital assets will be divided and outline any spousal support obligations. Although such agreements may also include provisions regarding child custody and support, they are always subject to modification by a Florida family law court.
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Social media websites such as Facebook, Twitter, and YouTube are increasingly playing a factor in Florida divorces. Most people have satisfied their curiosity about a former flame by looking them up online. More and more married individuals are going further, however, and developing online relationships. Anecdotal evidence suggests an increasing number of people are rekindling past relationships and ruining their marriages via social media outlets. Divorces over online behavior are reportedly occurring more regularly throughout the nation.

One woman who declined to be named stated she recently learned her seemingly wonderful marriage was in trouble after her husband left his Facebook page open one day. To her shock, he had developed an online relationship with several other women. She found herself both confused and embarrassed. The problem has allegedly become so commonplace, a website is actually devoted to cheating through Facebook.

According to FacebookCheating.com founder Craig Gross, a barrage of cheating stories and emails are sent to the website on a daily basis. Gross stated he founded his webpage as a sort of online cheating support community. He said the website has documented several hundred cases of marital infidelity aided by the social media page.

Social media reportedly contributes to divorce in other ways as well. Another woman who wanted to remain anonymous filed for divorce after she learned her husband was posting both threatening and derogatory comments about her online. She stated she was not only shocked, but also sickened by the information her spouse shared through Facebook. A different woman claimed she learned her husband wanted to end their marriage only after he said it on the social media website.

With more than 900 million active monthly users, the use of Facebook has become common across the globe. Individuals may forget that everything they say online might later be used against them in a family law matter. For example, a spouse who claims he or she is unable to afford alimony or child support payments may be wise to avoid posting photos of a new luxury vehicle. It is important to note the information distributed through social media can also have an effect on child custody arrangements. If you are faced with an unexpected divorce or other stressful family law matter, you should contact a skilled Florida family law attorney as soon as possible.
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According to the National Center for State Courts, approximately 18 million children in the United States have parents who are separated or no longer married and the parents of another 17 million children never married one another. About 25 percent of those children have a parent who resides in another city. Additionally, three-fourths of single mothers relocate at least once within the first four years after a divorce or separation. Consequently, nearly 10 million American children do not have regular face-to-face contact with one of their parents.

New technology such as Skype, email, text messages, and social media like Facebook provide some parents who live far away from their children with an opportunity to stay more connected. Six states, including Florida, have enacted laws regarding virtual or electronic parenting. Under the laws, a family court may award a parent who no longer resides in the same city as his or her children with access through electronic communications as part of a comprehensive parenting plan. The court will determine the duration, frequency, and type of electronic communications a parent is entitled to. Additionally, a court may halt all electronic communications if the interactions prove to be abusive or otherwise harmful to a child’s emotional, physical, or mental well-being.

Virtual visitation advocates believe electronic communications helps maintain the relationship between divorced parents and their minor children. Although electronic communications cannot replace physical visitation, such communication reportedly acts as a supplement that allows the long distance parent to stay involved in the day-to-day aspects of their children’s lives. Critics believe some parents use the opportunity for court awarded virtual visitation as an excuse to move away. Others believe electronic communications are too often used to spy on a custodial parent.

Regardless of the reason for a parent’s relocation, virtual visitation has the opportunity to provide long distance parents with an opportunity to keep in constant contact with their children. The additional contact may provide psychological benefits to a child of divorce or separation and reduce stress for everyone involved. Still, family courts must always keep the best interests of the child at the forefront of any virtual visitation order. If you are a parent who would like to have increased contact with your children between physical visits, speak with a knowledgeable Florida family law attorney about your child custody options.

Many Florida parents struggle with the question of who will have physical custody of their children following a separation or divorce. In the State of Florida, divorcing parents of minor children must enter into a time-sharing agreement. A time-sharing agreement outlines exactly how much time a child will spend with each parent throughout the year. If a child’s parents cannot agree on a time-sharing schedule, a family court will order a schedule that takes into account the moral fitness of the parents, any evidence of abuse, and other statutory factors.
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More than $31 million in last minute statewide budget cuts have Florida’s court clerks scrambling to reduce costs. Proposed funding to the various offices was cut in the last two weeks of the 2012 legislative session. As a result of the budget cuts, the state’s court clerks claim civil cases such as divorces will likely be significantly delayed well into 2013.

Court clerks receive, process, and store all Florida case documents. Their budgets were cut by 17 percent in 2009. After lawmakers cut court clerk budgets by another seven percent earlier this year, the clerks held an emergency meeting on March 14th to discuss the ramifications. Sharon Bock, Palm Beach County Clerk, said her office alone has seen a $10 million decrease in funding during the last three years. Bock believes she cannot operate the court in a constitutional manner if she reduces her staff any further. Instead, she plans on tabling technology expenditures and cutting staff overtime. As a result, Bock has warned that civil courts in Palm Beach County will be disturbed and residents can expect to have their patience tested.

Bock predicts lines will be longer this year at the Palm Beach County Clerk’s office. She also believes a general backlog in civil cases such as divorces will necessarily follow the most recent round of budget cuts. The constitution mandates due process and the right to a speedy trial in criminal cases. Unfortunately for divorcing couples and others, such requirements do not extend to civil cases. Constitutional requirements, budget cuts, and an increase in foreclosure and red-light camera ticket cases means more civil cases will likely be delayed.

If you are considering divorce, it is important to remember that Florida is a no-fault divorce state. This means no one needs to be blamed for the end of a Florida marriage. If the parents of minor children choose to dissolve their marriage, the former couple’s final judgment of divorce will include a custody arrangement and a parenting plan, also called a time-sharing plan. A Florida time-sharing plan will outline which parent a child will spend overnights, holidays, and other days with each week or month. If you are faced with divorce or another stressful family law matter, it is a good idea to contact an experienced Florida family law attorney to help you navigate the legal process. Having legal counsel on your side during a contested marital or family law matter can have a significant effect on your future.
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Broward Circuit Judge Susan F. Greenhawt, the present administrative judge of the unified family court, has notified Governor Rick Scott that she is retiring from her nine year tenure on the bench, effective June 30, 2012.

Divorce lawyers in Fort Lauderdale have been informed by Chief Circuit Judge Peter Weinstein that Circuit Judge Arthur Birken will step in and become the administrative judge of the unified family court. Judge Birken presently presides over marital and family law cases involving alimony, child support, time-sharing, parenting plans and paternity.

Judge Weinstein was surprised when Judge Greenhawt informed him in February of her plans to leave the bench and become a mediator. Judge Weinstein, along with many marital and family lawyers in Broward County, Florida, believe that Judge Greenhawt has displayed an extraordinary work ethic.

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Florida’s Third District Court of Appeal has reversed a permanent periodic alimony and attorney fees award in a high profile divorce case. A Miami-Dade trial court awarded Nancy Loftus Quinones $14,135 in monthly alimony following her 2009 divorce from her husband of 18 years, ABC News correspondent John M. Quinones. At the time of the parties’ divorce, the former wife was reportedly largely unemployed for 18 years and the former husband earned more than $1 million per year. The couple also had two children who were attending private schools, one of whom was still a minor. Mr. Quinones reportedly voluntarily paid the private school tuition for both children.

At the time of the divorce, Mr. Quinones reportedly brought home more than $58,000 per month. He allegedly paid approximately $52,000 per year on college tuition and other payments for the couple’s adult son. Because the parties reportedly did not enter into a contractual agreement regarding the tuition payments, the trial court committed error when it considered the former husband’s voluntary payments for the couple’s adult child when determining the wife’s alimony award. This increased Mr. Quinones’ monthly expenses and reduced the amount of money he had available each month to pay alimony to his former wife.

Mrs. Quinones claimed she required $28,000 per month in order to maintain her current lifestyle. According to the Third District Court, the number was not unreasonable based on the parties’ lifestyle and her former husband’s income. Despite that no evidence was offered to refute the former wife’s financial claims, the trial court adjusted her alimony award downward. Consequently, the Third District Court of Appeal determined the trial court failed to properly take into account the standard of living the wife enjoyed prior to the couple’s divorce as required by Florida Statute.

The Third District Court of Appeal reversed and remanded the case for reconsideration of the permanent periodic alimony award. On remand, the trial court was ordered to disregard Mr. Quinones’ voluntary payment of tuition expenses for his adult child and to take into account the standard of living enjoyed by the parties prior to the dissolution of their marriage. Additionally, because there was nothing in the trial court record to demonstrate the former wife engaged in behavior to prolong litigation or inflate her attorney’s fees, the Court reversed the trial court’s costs award and remanded the issue for reconsideration. Finally, the Third District affirmed the trial court’s equitable distribution award.
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Two bills passed by the Florida House died in the Senate as the legislative session ended on March 9th. House Bill 549 would have put an end to permanent alimony in the State of Florida. House Bill 1209 was designed to ban Florida courts from considering foreign or religious law in legal decisions. As the session ended, the Florida Senate chose not to call either bill to the floor for a vote. Proponents of both measures have vowed to reintroduce the proposed laws in the future.

A spokesperson for the Florida Alimony Reform group, Alan Frisher, expressed disappointment in the Senate’s failure to pass alimony reform during the recent legislative session. According to Frisher, current alimony laws promote extended periods of animosity between ex-spouses. He believes the state should instead focus on the length of a couple’s marriage as well as transitional alimony which would purportedly encourage both spouses to become self-sufficient. Frisher stated the organization will continue to fight to change the state’s allegedly antiquated alimony laws. The Family Law Section of the Florida Bar Association strongly opposed House Bill 549 and the organization’s head, David Manz, referred to the Florida Alimony Reform group as a vocal minority.

The Florida Senate also declined to vote on House Bill 1209, “Application of Foreign Law in Certain Cases.” Although the measure did not single out Islamic law, it was often referred to by critics as the the “anti-Sharia” bill. If re-elected, Senate sponsor Alan Hays of Umatilla plans on reintroducing the measure in the next legislative session. Opponents of the failed measure have stated such a law is unnecessary and expressed concern over the intent of the bill as well as its effect on family law matters such as divorce and child custody. According to Hays, the measure was simply designed to ensure United States law is the only law considered by Florida courts.

In Florida, a court may award alimony where there is a need on the part of the alimony receiver and an ability to pay on the part of the alimony payor. A needs assessment will examine the distribution of marital assets and the couple’s standard of living prior to the divorce. If the potential alimony receiver has the ability to maintain the same standard of living after all assets are distributed, a Florida court generally will not award alimony.

Each year, many Americans find themselves in the midst of divorce proceedings. Although the range of emotions associated with the end of a marriage can feel overwhelming, the financial damage can also be devastating. If you are faced with the dissolution of your marriage, contact a qualified divorce attorney to help you protect your interests. An experienced divorce lawyer will discuss your options with you and help you file your case.
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