Articles Posted in Divorce

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In Higginbotham v. Higginbotham, the parties entered into a antenuptial agreement that limited the wife’s attorney’s fees to $5,000. The divorce court in Miami, Florida upheld the validity of the antenuptial agreement and subsequently awarded the wife $305,640 in temporary attorney’s fees and $18,963.16 in temporary costs.

While the Third District Court of Appeal agreed with the Wife that the $5,000 limit on the husband’s liability to pay attorney’s fees was unenforceable, it held that the temporary attorney fee award was excessive. The Court reasoned that given the facts and circumstances of this case the amount requested for litigating the validity of a antenuptial agreement was unreasonable especially in light of the result obtained and the fact that the Husband’s attorney’s fees were $138,442. Accordingly, the matter was remanded to Miami-Dade Circuit Judge Stanford Blake for a substantial reduction of the fee award.

The purpose of your Broward divorce attorney requesting temporary attorney’s fees ad costs is to ensure that both parties have similar ability to secure competent legal counsel. Temporary attorney’s fees are often needed to mitigate the harm that an impecunious spouse would suffer as a result of the other spouse’s potential financial advantage. Temporary attorney’s fees and costs are based upon need and ability to pay. The court is also required to determine the reasonableness of the award of temporary attorney’s fees and costs.

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Fort Lauderdale divorce attorneys often explain to clients that their marital home may be sold by the court or agreement of the parties as part of the equitable distribution of marital assets and liabilities. Often the marital home is the only asset owned by a divorcing couple and must be sold to divide the equity amongst the parties. Other times the parties cannot afford to maintain the home after their divorce is finalized and the marital home must be sold.

Out of the one million divorces per year, most cases require the sale of the marital residence. This can assist buyers in finding bargains. However, purchasing a home from a divorced couple can often be difficult. While one spouse may want to sell the home, the other spouse may frustrate the deal due to the fact that they are angry with their spouse or unwilling to leave the marital residence.

In order to avoid a problem when buying a home from a divorcing couple, a buyer should inquire if they are purchasing a home from a couple who has gone through a contested divorce. A buyer does not want to deal with any last minute problems such as a spouse who disappears in order to prevent real property from being sold. Buyers should speak to their real estate agent so that the necessary language to protect them can be insterted into any offer.

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A recent study from the University of Toronto found the children of divorced parents had twice the odds of having a stroke than people of the same age whose parents remained married. The link does not appear to have a correlation with adult health behaviors, adult socioeconomic status, mental health problems or diabetes. Researchers did not investigate diet, cholesterol levels, blood pressure, family history of a stroke or childhood socioeconomic status. While the research team at the University of Toronto believe that a couple’s divorce will cause their child to have a stroke, they do want to analyze a larger representative community.

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The Sun Sentinel is reporting that Broward Circuit Judge Cheryl Aleman died from lung cancer, an illness that was discovered several weeks ago. Divorce attorneys in Fort Lauderdale have recently appeared before Aleman since she began serving in the Unified Family Court hearing paternity, dissolution of marriage, alimony, domestic violence and child support cases.

Judge Aleman’s death was confirmed by her friends and courthouse officials today. Members of the bar, bench and legal community are in shock since she chose to keep her recently discovered illness a secret. She was appointed as a Circuit Judge in January, 2020 by former Governor Bush. Prior to her appointment, she was a prosecutor.

Judge Aleman, 52, was a committed Christian. She is survived by her husband, Omar.

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People is reporting that Charlie Sheen will be filing for divorce from former Florida resident, Brooke Mueller. The parties were married in 2008 and have twins. After separating in April, 2010 during an incident in which Charlie Sheen was arrested, both Sheen and Mueller entered rehabilitation programs. Mr. Sheen was required to enroll in domestic violence counseling and is presently on probation. Recent accusations allege that Sheen was naked in a New York hotel room and subsequently transported to a New York hospitla. However, Sheen alleges that he had an allergic reaction to medication.

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A recent survey by the American Academy of Matrimonial Lawyers revealed that 73% of attorney’s who practice marital and family law are reporting an increase in the demand for prenuptial agreements. Broward divorce attorneys believe that the recession has effected people’s assets which now require protection in the event of a dissolution of marriage. Nowadays, the demand for prenuptial agreements is seen in the middle class and those individuals with substantial assets. While some individual’s want no responsibility for their spouse’s dent, others are protecting their pensions, 401k and retirement from equitable distribution.

An entrepreneur has recently created divorce insurance called WedLock. Customers are able to decide the size of the policy and the monthly premium based upon the selected plan. Divorce insurance polices range from $99 to $1,073 per month. Claims can not be submitted until a policy holder has had the plan for 36 months.

Marriage rates in the USA continue to drop. In 2000, 34.5% of individuals aged 25-34 had never been married. In 2009, the number increased to 46.3%. While marriage rates have dropped, many couples have just decided to live together and enter into a cohabitation agreement.

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Before you decide to hire a divorce attorney in Ft. Lauderdale, it is essential that either you or your spouse has been a resident of Florida for 6 months before the filing of the petition. While marital and family lawyers in Broward refer to this as the “residency requirement”, the legal term is referred to as subject matter jurisdiction.

A court acquires subject matter jurisdiction over a lawsuit either by the constitution or a specific statute. A husband and wife cannot create subject matter jurisdiction by waiver, acquiescence or agreement. In a divorce case, Florida Statute 61.021, confers subject matter jurisdiction upon the court and requires that either the husband or wife must reside in Florida for 6 months before the filing of the divorce petition. This residency requirement is not only jurisdictional but must be proved in every case by the filing party either by a Florida drivers license, voter’s registration card or even an affidavit of a corroborating witness.

In Mikulec v Mikulec, the husband filed a petition for writ of prohibition and alleged that the divorce court did not have subject matter jurisdiction since he was not a resident of Florida for six months prior to the filing of the petition. While the trial court denied his motion to dismiss for lack of subject matter jurisdiction, the order did not contain any findings as to where the husband resided before the wife filed the divorce action. In grating the writ of certiorari, the Fourth District Court of Appeal remanded the case to the trial court with instructions to make a specific finding that the husband has been a resident of the State of Florida for six months prior to the filing of the petition for dissolution of marriage.

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A divorce lawyer in Fort Lauderdale will always ask you about your occupation especially if your case may include alimony. A recent study explored a link between divorce and occupation. Have you ever wondered how your career can impact your marriage?

During the 2000 census, 16.35% of individuals listed themselves as separated or divorce. 14.5% of police officer, 43.1% of dancers and choreographer, 38.4% of bartenders and 38.2% of massage therapists were either divorced or separated. Other careers which landed in the top ten percent were casino employees, nurses, home health aids and telephone operators. On the otherhand, engineers, optometrists, clergy and podiatrists had occupations with low divorce rates. While these statistics are only from a limited scope of people, it is interesting to see how a job can impact your marriage.

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Divorce lawyers in Miami have advised the Salt Lake Tribune that former Utah Jazz forward, Carlos Boozer, and his wife, Cindy have reached an amicable settlement. In her Petition for Dissolution of Marriage, the wife had advised that the parties had entered into a marital settlement agreement and parenting plan which includes a time-sharing schedule for their three minor children. A final uncontested hearing is scheduled this month before Judge Leon Firtel.

Boozer recently signed a five year contract as an unrestricted free agent with the Chicago Bulls. His deal is worth $75 million. He had surgery this week to fix a broken finger and is expected to return to playing basketball within two months.

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The Daily Business Review is reporting that William E. Dellow, Jr., a Miami-Dade general magistrate, has resigned from the judicial position that he has held for 22 years. He is accused of making racial slurs to an Assistant State Attorney. Two years ago, Dellow was disciplined due to a sexual harassment claim brought by a colleague and moved from the family division where he heard divorce cases to the child support division. The sudden departure of this general magistrate leaves 400 child support cases up in the air while Miami-Dade State Attorney Katherine Fernandez Rundle and Circuit Judge Sandy Karlan are trying to solve this alarming problem.

Judges appoint members of The Florida Bar as general magistrates. The court is required to enter an order of referral to a general magistrate and obtain the consent of all parties. If your divorce attorney in Ft. Lauderdale objects to a matter being referred to the general magistrate, the matter must be heard by the judge assigned to the case. A general magistrate conducts hearings, hears testimony and reviews evidence. After the hearing, the general magistrate is required to file a report which contains factual findings, conclusions of law and recommendations. Either party may file exceptions to the report of a general magistrate within a specified time period which are ultimately reviewed by the divorce judge assigned to the case. Absent timely exceptions, the report of the general magistrate is generally adopted and ratified by the court.