Fort Lauderdale Divorce Lawyer BlogA recent study indicates that women who earn more money than their husband’s are 40% more likely to divorce. Women who earned at least 60% of the total household income are likely to divorce. The study, which took 25 years, also found that it did not matter how affluent the parties were since they were more likely to divorce if the wife was the breadwinner. One reason for the results of this study may be that women are free to leave bad marriages if they are financially independent.
Articles Posted in Divorce
Divorce Lawyers In Ft. Lauderdale Use OurFamilyWizard® In Child Custody Cases
Marital and family law in Miami-Dade and Broward, judges and divorce attorneys have relied upon the OurFamilyWizard® website for high conflict child custody, parenting plan and time-sharing cases. This website has become one of the most effective shared parental responsibility tools to remove parental conflict and to assist parents in doing what is in the best interest of the minor children.
After nearly ten years of helping separated families communicate, the OurFamilyWizard® website has added yet another revolutionary tool to its repertoire. Earlier this year the OurFamilyWizard® website announced the release of OFWpay™.
The OFWpay™ system allows parents to make and receive electronic payments to their checking or savings account. OFWpay™ transactions allow parents to send payment for expenses like unreimbursed medical, extra-curricular activities or even child support payments where permitted.
Miami Heat’s Dwyane Wade Involved In Child Custody Battle
Dwyane Wade was in a marital and family law court today while his former wife testified during child custody proceedings in Chicago. Lawyers for the Miami Heat star tried to establish that his former wife has erratic behavior based upon her relationships, confrontations and parenting decisions. Prior to the trial, the divorce judge requested that the Miami Heat basketball player and his former wife attempt to resolve their child custody litigation. However, the parties quickly reached an impasse.
Divorce lawyers for Miami Heat’s Dwyane Wade argued that the former wife has bizarre behavior and interferes with his time-sharing. On the otherhand, lawyers for the former wife argued that Mr. Wade is too busy to be designated as the sole custodial parent.
The guardian ad litem has recommended that Dwyane Wade be granted custody. Dwyane Wade is scheduled to testify in court later this week.
Premarital Education Recommended By Experts
According to cnn.com, couples who are engaged are doing what they can to fight off the alarming divorce rates. Nowadays, young couples are reluctant to get married. But, experts now believe that premarital counseling may be beneficial. Engaged couples are taught to discuss topics such as finances, religion, children and sexuality.
During your first marriage, there is a 50-50 chance that you may hire a divorce lawyer in Fort Lauderdale. While many couples believe that the highest indicator of a divorce is conflict, the true number 1 indicator is avoidance of conflict. While many married couples accept that marriage is hard work, some engaged couples have decided to attend premarital counseling to prevent future problems before they tie the knot.
Psychotherapists have seen an increase in their premarital counseling practice and the sale of premarital books. Experts believe that this is a result of couples having a darkened view of marriage since they hear about the effects of a divorce all of the time. The benefits of premarital education is that it provides greater knowledge and relationship skills for contemporary marriages to succeed so that couples do not reach the point where they need to hire a divorce attorney in Broward.
Divorce Lawyers In Miami Faced With Alimony Jurisdictional Issue
In Sootin v. Sootin, the former husband and former wife divorced in Miami-Dade in 1998. The former husband was obliged to pay the former wife permanent alimony. During 2008, the former husband sought to modify or terminate his alimony obligation. The former wife successfully moved to dismiss the petition since she now resided in Tennessee.
Next, the former husband moved to Tennessee and filed a petition to register and modify the divorce decree previously entered in Miami-Dade. After the former wife moved to dismiss the petition for a lack of subject matter jurisdiction in Tennessee, the Miami-Dade court, after consultation with the Tennessee Court, transfered the case to Tennessee. The former wife appealed this order.
In reversing the trial court’s transfer order, the Third District Court of Appeal held that the Miami divorce court erred in transferring the case to Tennessee. The court reasoned that Florida, under the Unified Interstate Family Support Act (hereinafter “UIFSA”), had continuing exclusive jurisdiction over the alimony order throughout the existence of the obligation.
Fort Lauderdale Divorce Lawyers Prepare For Alimony Statute Changes (Part 2)
Divorce attorney’s in Miami, Coral Gables, Hallandale, Plantation and other South Florida cities are preparing for a statutory overhaul regarding legislative modifications to the statute governing alimony. One of the most significant changes is the codification of bridge-the-gap alimony.
Bridge-the-gap alimony assists a party in making the transition from being married to being single. It assists a party with identifiable short term financial needs. A marital and family law judge may not award bridge-the-gap alimony for a period in excess of 2 years. Bridge-the-gap alimony terminates upon the death of either party or upon remarriage of the party that receives alimony. Last but not least, bridge-the-gap alimony is non-modifiable in amount or duration.
Another important change to alimony relates to rehabilitative alimony. Rehabilitative alimony assists a party in redeveloping previous skills or credentials. It also helps a spouse acquire education, training or work experience necessary to develop employment skills. In the Final Judgment of Dissolution of Marriage, the court must detail a defined rehabilitative plan. A party may modify or terminate rehabilitative based upon a substantial change in circumstances or compliance with the rehabilitative plan.
Divorce Attorneys In Miami Discuss Possibility of Tiger Woods Divorce
The Miami Herald is reporting that Tiger Woods and his wife have many different options if they decide to file for divorce in Florida. Their personal financial information may be kept away from the public eye if agreed to by both parties. In order to pay the least amount of taxes, Mrs. Woods would likely file for divorce in Florida rather than where the parties own additional homes in Sweden and California. In light of the fact that Florida is a no fault divorce state, they would only need to inform the Florida marital and family judge that the marriage is irretrievably broken.
In order to keep their divorce confidential, they could file for their divorce in any county in Florida. It is most likely in the best interest of the children if the court balances the public right to know and the privacy of the Woods family in disclosing details of the case. However, divorce lawyers in Miami believe that it would be difficult to conceal the location of the divorce filing in Florida since a clerk of court could easily divulge this information.
While Tiger Woods and his wife would be required to file a child support guidelines worksheet and financial affidavits listing their income, assets and liabilities, a judge may seal financial aspect of the case to keep it away from the public eye. However, this will really depend upon the judge who is assigned to the case.
Is Viagra A Cause Of Divorce In Fort Lauderdale?
Divorce attorneys in Broward are often told by clients that the sex life with their spouse is troubled or virtually non-existent. While many clients first seek marriage counseling instead of alimony, child support and child custody in the Fort Lauderdale marital and family court, some focus on improving their sex life by taking Viagra. However, the Sun Sentinal questions if Viagra can lead to the filing of a divorce petition.
Viagra is an erectile dysfunction drug that has been sold in Florida for a period of 10 years. According to a report from the Harvard School of Medicine, while Viagra can resolve erectile dysfunction it can also cause other problems in a marriage if the man no longer feels a sexual desire for his wife. If the parties are both aware that the man is taking Viagra it may benefit the marriage.
Some women report that the increased sex drive by the man can become problematic. While many men use Viagra, they neglect to talk with their partner about how the medication should be utilized to maximize the sexual benefits of the relationship. Experts believe that Viagra is not the only problem in a marriage if a divorce is caused by sex or if a husband is having and affair.
Fort Lauderdale Divorce Lawyers Prepare For Alimony Statute Changes (Part 1)
When a client meets with their Broward divorce lawyer, nine times out of ten they will ask if they will have to pay alimony or if they will receive alimony. Effective July 1, 2010, there will be significant revisions to Florida law governing alimony. The amendments apply to all initial awards and modifications of these awards entered prior to July 1, 2010. However, the statutory amendments will not serve as a basis to modify alimony awards or change the amount or length of alimony awards entered before July 1, 2010.
The Florida marital and family court will now consider three additional statutory factors when awarding alimony. First, the court will consider each party’s responsibilities for children of the marriage. Next, the court will consider the tax consequence of the alimony award and whether all or a portion of the award should be nontaxable and nondeductible. Finally, your Fort Lauderdale divorce lawyer will now have the ability of presenting evidence of all sources of income available to either party from investments and assets.
Another significant change to Florida’s alimony law are the statutory presumptions regarding length of marriages which will help the court determine which type of alimony is the most appropriate. A short term marriage is now considered a marriage that is less than 7 years. A moderate term marriage is a marriage greater than seven years but less than 17 years. Last but not least, a long term marriage is a marriage that is in excess of seven years.
Florida Long Time Marriages Wind Up In Divorce Court
Many divorce lawyers in Fort Lauderdale often wonder why long term marriages with history and commitment, children and grandchildren often wind up in the marital and family law court. One half of all divorces take place during the first eight years of a marriage. When considering data compiled from the US Census Bureau from 1955 to 1994, 25% of parties have been married for at least 20 years and 4% of the divorced couples have been married at least 40 years.
Couples who enter into their 60’s no longer view themselves as old. They are often optimistic about their future and are willing to change a situation that makes them unhappy. Sometimes a long term marriage runs its course because there is not enough attention, time, empathy and play. Other times people look at each other and wonder who the other person is since they remained married until their children entered university. However, married couples in Broward who wait to hire a divorce attorney to file often find themselves in a highly contested divorce since they have had time to build up their assets.
Women in long term marriages tend to be the party that initiates a divorce. Men often hesitate because they are comfortable with their wife. In a long term marriage you must stay connected, keep things fresh and remain interested in your partner. However, this is sometimes easier said then done.