Articles Posted in Divorce

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A bill filed before the Florida Legislature on November 2nd would prohibit judges presiding over a divorce from considering adultery when awarding alimony, place limits on the total amount and length of time alimony may be awarded, and allow divorce agreements in which alimony was awarded to be reopened and renegotiated. House Bill 549 would also terminate all alimony payments once the spouse ordered to pay reaches the age of retirement.

House Bill 549 was filed by Brevard County legislator Ritch Workman. Representative Workman reportedly filed the bill only eight days after his own divorce was finalized in Florida. Although alimony was reportedly not awarded in Workman’s divorce, the Melbourne legislator has stated he believes current Florida alimony laws are inequitable.

Alimony is a tool used by Florida courts to maintain each party’s standard of living after a divorce. Alimony is not awarded in all circumstances, however, as an award of alimony is contingent upon the financial needs of one spouse and the others ability to pay. Additionally, the length of the marriage also plays a factor in an alimony award.

House Bill 549 is part of a growing trend to reform alimony laws both in Florida and across the nation. Workman’s bill was modeled after similar legislation passed recently in Massachusetts. If the bill passes in Florida, its effects would be far-reaching. Even routine divorce settlements could be reopened and reexamined. Since filing House Bill 549, Representative Workman has stated specific portions, such as a cap on awards, should be removed.

The bill closely follows on the heels of recent amendments to the permanent alimony provisions of Florida Statute 61.08 which took effect on July 1, 2011. Permanent alimony is normally awarded to a spouse who is no longer capable of meeting basic financial needs after a long term marriage of more than 17 years. Permanent alimony may also be awarded at the discretion of a judge after a moderate or short-term marriage is dissolved. Since July 1st, Florida courts must now determine no other alimony award is “fair and reasonable under the circumstances,” when permanent alimony is awarded. For moderate-term marriages of 7-17 years, clear and convincing evidence permanent alimony is the appropriate award is now required.
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A man was arrested in September for allegedly defrauding a wide variety of St. Augustine, Florida merchants after he reportedly failed to pay for more than $17,000 worth of flowers, catering, professional photography and a host of other expenses related to his July 2010 wedding. In addition to being accused of making fraudulent purchases at several St. Augustine businesses using his mother’s credit card, he also faces charges for failing to pay his child support and jumping bail.

The man’s bride has stated she knew something wasn’t quite right when she walked down the aisle, but she ignored all of the warning signs and married the “nice guy” she loved anyway. She quickly realized her prince charming wasn’t quite what he claimed to be. Less than one year after taking her wedding vows, the 37-year-old kindergarten teacher reportedly made the decision to move out of the couple’s home and start her life over.

When the pair met, the groom was a divorced father who claimed to flip houses for a living and appeared from the outside to be financially secure. They reportedly went on vacation trips and he hosted a lavish engagement party for their friends and family. At the time, no obvious signs of financial distress were apparent.

According to the bride, the man’s father implored her to watch his spending on the couple’s wedding day two years after they met. One month after they married, the man allegedly took his wife’s engagement ring to have it altered and never returned it. Then her laptop reportedly disappeared. Three months after the couple was married, the man was arrested for allegedly writing bad checks in order to pay for that expensive engagement party. When he was arrested again the following June, his wife made the decision to leave her marriage.

She later learned that the man kept her from speaking to his ex-wife throughout their relationship because he was wanted for failure to pay child support. A mere 14 months after her marriage, the woman is not only rebuilding her life, but also her ruined credit.
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If you are interested in buying a divorce cake, a local bakery in Cooper City, Florida can provide you with your custom cake. A Fort Lauderdale divorce attorney has learned that couples who divorce in Broward are throwing parties to celebrate that their marriage is over. These parties help transition a party from married life to single life. One divorce party planner strictly provides services to divorcees. The company allows a divorcee to choose from different themes depending upon their own preferences.

Divorce party planners believe that divorce parties justify the traumatic experience that people go through following a trial in Fort Lauderdale that deals with alimony, child support, child custody and other marital and family law matters. The party fulfills a void in a person’s life during a crisis such as a divorce.

For some individuals, celebrating their divorce fulfills the need for companionship. During and after a divorce, people are on their own. They tend to feel anxious and depressed. While some people spend as much as they spent on their wedding, a divorce party can also be viewed as an unfortunate way to celebrate a family that has been split up.

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A legislator in Florida, Representative Ritch Workman, is attempting to repeal a state law which makes it illegal to cohabit with a party who is not a spouse. Specifically, “if any man or woman, not being married to each other, lewdly and lasciviously associate and cohabit together..they shall be guilty of a misdemeanor of the second degree”. This crime is currently punishable by 60 days in jail and a $500 fine.

Approximately 544,907 Floridians live in a relationship in violation of Florida law. This law is now viewed as both unenforceable and unrealistic. One advocate believes that there is a role for government to promote marriage instead of cohabitation. The rationale is that greater marriage rates have a lower likelihood of crime, less domestic violence and better educational results for children.

Individuals believe that there are governmental limitations in promoting marriage. Arresting individuals who live together is not realistic or fair. Many Floridians do not want to marry due to a prior Broward divorce which they experienced or lived through with their own parents.

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In 1981, John Ferenc bought a home in Florida with his wife. Several years later, he began to serve a prison sentence for burglary, grand theft and some other crimes. While in prison for 26 years, his wife paid off the entire mortgage.

In 2009, Ferenc was released from prison after 26 years. Shortly after, he filed for divorce. His wife, Loretta Jean, is 72 years of age. She is disabled, uses a walker and is not very mobile. She is not prepared to move and does not want to move largely in part of the depressed real estate market.

A order issued by a Florida marital and family law divorce judge requires the wife to vacate her home, a place where she has lived in for 30 years. Effective September 1, 2011, the husband will receive temporary and exclusive use and occupancy of the marital residence.

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Recently, I posted a blog titled “Stay-At-Home Dads Are More Likely To Divorce In Miami.” However, Al Watts, President of Daddyshome, Inc., the national At-Home Dad Network and home to the 16th Annual At-Home Dads Convention in Washington DC on October 8, 201, does not believe it is accurate that stay-at-home dads are more likely to divorce.

Time’s Healthland was the first to report that “stay-at-home dads are more likely to divorce.” There report was based on a study led by Dr. Liana Sayer of Ohio State University. Published in the American Journal of Sociology, the study found that married men who are unemployed are more likely to divorce than men who are working.

After reading the summary of the study, Watts found it strange that the study did not mention stay-at-home dads or even whether any of the men were fathers. He decided to contact Dr. Sayer.

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A Broward divorce lawyer and his client received promising news last week which may help him regain custody of his child. Christopher Dahm was advised by the United States Department of State that his former wife, Leslie Delbecq, was detained at the Abu Dhabi airport when she attempted to depart the United Arab Emirates.

Dahm has been engaged in a global search for his two year old child for approximately one year. The United States Federal government has indicted his former wife with the crime of parental kidnapping, a violation of the laws of the United States of America.

The court in Abu Dhabi has requested information and documentation about the federal charges which are pending against Ms. Debeq who, along with her mother and father, were recently indicted by a federal grand jury.

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Fifty-seven percent of Florida families go through a divorce. Divorce rates in Florida tend to exceed national averages. While the statistics show that many couples are getting married in Florida, just as many are retaining a Broward divorce attorney to end their marriage.

Many people move to Florida and leave their families. Some blame the economy for the recent increase in divorce filings. While financial pressure is often a cause of divorce, the cost of divorce can make unhappy couples continue to remain married.

When you hire a Miami divorce lawyer, he or she will often require a retainer of $4,000 to $7,500. The clerk of court requires a $409 filing fee and a $10 summons fee. In the event that a couple cannot resolve their case at mediation, they are also required to pay their lawyer a trial retainer which can often be between $5,000 to $10,000.

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Congratulations to Miami-Dade Circuit Judge Ivan Fernandez for being elevated to the Third District Court of Appeal. The Third District Court of Appeal and Daily Business Review are reporting that Judge Fernandez was appointed by Governor Rick Scott to fill the vacancy created by the retirement of Judge David Gersten.

After the military, Judge Fernandez became a City of Miami police officer. He was a member of the K-9 unit, handled homicide cases, worked in narcotics and eventually was promoted to the rank of a major.

While working as a police officer, Judge Fernandez enrolled in the University of Miami School of Law. He graduated law school in 1992 but remained a law enforcement officer with the City of Miami Police Department until 1995. In 1995, he retired and opened his own law office.

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Many times when a client meets with their family law attorney in Fort Lauderdale, they question whether an asset is marital or non-marital. They also question their rights to the future income of marital and non-marital assets. In the case of Morenberg v. Morenberg, the Fourth District Court of Appeal recently addressed the wife’s entitlement to equitable distribution of royalties from labor which took place after she filed her Florida marital and family law case.

On August 20, 2008, the wife filed for divorce after being married for 46 years to the husband, an English professor. After the filing of the petition for dissolution of marriage, the husband began working on the fourth edition of one of his books. In the final judgment of dissolution of marriage, the trial court ordered that the parties were to equally divide the royalties from two books that he wrote while he was an English professor, one of which he wrote after the filing of the petition for dissolution of marriage.

At the trial, the husband testified that he began working on the second book in December 2008 or January 2009. He also testified that he finished the book one day before trial. On the otherhand, the wife testified that there was no post-dissolution of marriage labor related to the husband’s second book. She believed that all of the husband’s labor occurred prior to trial and the final judgment of dissolution of marriage.

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