Divorce

An Improved Economy Leads To Increase In Divorce Filings In Miami

Published on: March 28, 2011 | by Sandy T. Fox

The Orlando Sentinel is reporting that an improved economy has more couples feeling freer to end their marriage. Many people who are in troubled marriages have waited until the financial problems have settled to hire a Florida divorce lawyer. Now that individuals are more comfortable with the improved economic outlook, they are deciding to file for divorce. In 2010, a city in Florida in close proximity to Fort Lauderdale saw divorce cases rise 12% after falling 5% in 2008.

While couples have stayed together during the financial crisis, divorce attorneys in Miami-Dade and Broward now see a demand in clients wanting to proceed with a divorce. In fact, this is similar to the type of divorce filing activity that occurred after the Great Depression in the 1930s and during the recession in 1990 and 1991.

For more affluent couples, the decision to file for a divorce is based less on the economy and more on how they perceive their net worth. Now that the stock market has begun to recover, individuals feel free to move ahead and file for divorce

Understanding Social Security Benefits During Your Fort Lauderdale Divorce

Published on: March 23, 2011 | by Sandy T. Fox

Many clients never ask their divorce lawyer in Broward about their entitlement to their spouse’s social security retirement benefit. However, your Florida marital and family law attorney should advise you as to your entitlement to your spouse’s Social Security retirmenet benefit as an incident to your divorce since you may be entitled to receive additional money.

If you are divorced, you may be entitled to your former spouse’s Social Security retirement. This would increase your benefit without reducing your former spouse’s benefit. If you were married for 10 years, are at least 62 years old and have not remarried when you apply, Social Security will look at both your benefit and your spouse’s benefit. If 50% of your former spouse’s benefit is more then your benefit, you are entitled to the larger share of the benefit. While you do not have to wait until your former spouse retires, he or she must be 62 years of age.

Divorce Lawyer In Fort Lauderdale Reports Increase In Divorce Rate For Military Women

Published on: March 15, 2011 | by Sandy T. Fox

Many individuals hire a divorce lawyer in Broward when their spouse is deployed overseas as a result of military service. For women, their marriage is twice as likely to end in divorce then men and up to three times as likely for enlisted women.

Approximately 220,000 women have been deployed to countries such as Iraq and Afghanistan. The Pentagon reports that in 2010, 7.8% of women and 3% of men in the military divorced. Even worse, 9% of women and 3% of men in the military who who were enlisted corps divorced.

Women in the military divorce at higher rates than civilian women. On the otherhand, men in the military divorce at lower rates than civilian men. The rate of divorce for women in the military has been on the rise for the past ten years.

Teenages Who Are Happy Likely To Divorce In Fort Lauderdale

Published on: March 1, 2011 | by Sandy T. Fox

Divorce attorneys in Miami have learned that a recent study found that teenagers who are happy are more likely to file for divorce when they are adults. Researchers believe that the correlation is a positive sign indicative of the fact that individuals who are happy, have good social support and high self-esteem, making them more likely to leave an unhappy marriage.

The study involved 2,776 individuals who had been followed since they were born. During their teenage years, the individuals were evaluated for energy levels, friendships, happiness and whether or not they were popular. In the adult years, the same individuals were evaluated for happiness, work experience, relationships, mental health status and social activities. While it is unknown how these individuals ended up in a bad marriage, the researchers did find that teenagers who were happy were more likley to be divorced in adulthood than unhappy teenagers.

Divorce In Miami-Dade And Broward On The Rise

Published on: February 10, 2011 | by Sandy T. Fox

In what appears to be a sign of the beginning of the economic recovery, the divorce rate appears to be increasing in South Florida. During the recession, many couples in Miami and Fort Lauderdale did not file for divorce since they could not sell their home and their assets had decreased in value. As the divorce rate fell about 7% between 2008 and 2009, divorce attorneys in Broward saw business decline.

Marital and family lawyers now see banks lending money, stock market gains and individuals tired of waiting to file for divorce as reasons why the increase in filings is occurring. In addition, spouses retirement portfolios have increased and they are also able to borrow money in order to buy out the other spouse from the equitable distribution of marital assets.

Nonetheless, the economy still plays an important role during a divorce. Banks may pursue debt collection against both spouses even though one has agreed to make payment on a marital liability. For some couples, the recession improved their marriage. For others, the financial pressure was tough on the family and has now resulted in a divorce.

Broward Divorce Attorneys Face Danger In Courthouse When Man Enters With Weapon

Published on: January 14, 2011 | by Sandy T. Fox

The Sun Sentinel is reporting that a man entered the Broward County Courthouse today at 9:25 A.M., pointed a gun at his chest and demanded to speak to a judge about his divorce. After being informed about the situation, retired Circuit Judge Joel Lazarus agreed to speak to the man provided that he gave the gun, which was loaded with a bullet, to authorities. Judge Lazarus spoke to Marin Stroia, 59, of Oakland Park for approximately 10-15 minutes. After complaining about his divorce case, Judge Lazarus advised Stroia that he could provide his written concerns about his divorce case to the judge and that they would be forwarded to Chief Judge Victor Tobin. Stroia was taken into police custody without any further problems.

Miami-Dade Circuit Judge Maynard Gross Dead At 70

Published on: January 13, 2011 | by Sandy T. Fox

It was only two weeks ago that I saw Judge Maynard A. Gross before my hearing at the Lawson E. Thomas Courthouse Center in Miami, Florida. Judge Gross was enjoying the fresh air before the start of his docket. I waived hello and approached Judge Gross to shake his hand and say good morning, something that had become a habit for me during the past 6 years. In fact, for many divorce attorneys in Miami, this became a tradition. Judge Gross proceeded to tell me how much he enjoyed reading this website. The last thing that I expected was to be writing a blog about the untimely passing of one of the friendliest, respected and most intelligent Judges in the Eleventh Judicial Circuit Court.

Judge Gross passed away on Wednesday evening. He was 70 years old. Since he was elected to the bench in 1994, Judge Gross primarily presided as a Family Court Judge in Miami-Dade county where he heard divorce, paternity, child support, enforcement and modification cases. Prior to his election to the bench, he was a civil litigator for 20 years, a prosecutor and public defender.

While presiding in the family division, Judge Gross was assigned to high profile cases including professional baseball player Alex Rodriguez and tennis great Boris Becker. He also received an award in 2006 by The First Family Law American Inns of Court.

Extra Burdens Adult Children Face When Their Parents Divorce

Published on: January 12, 2011 | by Sandy T. Fox

While divorce attorneys in Broward county often address the needs of minor children during the case, adults whose parents file for divorce after they have reached the age of majority may experience psychological difficulties in dealing with this matter. While the impact on younger children often includes invasion into a college fund or a parent’s new spouse or paramour residing in the former marital home, adults often are faced with the financial responsibility of taking care of an older parent. This can result in a failure to finish school, have an appropriate job and fund their own savings account.

Adults faced with parents who divorce later in life should not forget about their education, career or savings. Their parents should consult with tax experts and financial planners in equitably dividing the marital assets. Once your parents are divorced, it is important to have them consider purchasing long-term care insurance. While it may be important to ensure that family heirlooms do not disappear during a divorce, it is important to look after your divorced parents by providing financial advice and education.

MIami Dade Marital And Family Law Judge Reversed For Awarding $305,640 In Temporary Attorney’s Fees

Published on: January 5, 2011 | by Sandy T. Fox

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.

Purchasing Real Property From A Florida Divorced Couple

Published on: January 3, 2011 | by Sandy T. Fox

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.