Divorce

Miami Divorce Lawyer Reverses Trial Court’s Award of Attorney’s Fees and Costs

Published on: March 27, 2010 | by Sandy T. Fox

In Greenwald v Greenwald, the husband and wife were married on May 18, 2004. Fourteen months later, the parties filed for divorce in Miami-Dade. In support of her claim for permanent alimony, the wife claimed that the husband induced her to quit her job were she earned $100,00 per year. At trial, e-mail evidence proved that this claim was false since the wife wanted to quit her job prior to the marriage.

While the wife’s request for permanent periodic alimony was denied, Judge Scott Bernstein awarded her $65,000 in attorney’s fees and costs to be paid by the husband. In reversing the trial court’s award of attorney’s fees and costs to the wife, the Third District Court of Appeal held that the Miami divorce court should have denied the wife’s request for attorney’s fees and costs. The court reasoned that the wife made a claim for permanent alimony in a short-term marriage which is rarely successful, the case went to trial on the permanent alimony issue, the basis of the claim was false and the wife turned down a favorable opportunity to settle the alimony matter before trial in a lump sum payment of $36,000.

Statistics Related to Divorce in South Florida

Published on: March 24, 2010 | by Sandy T. Fox

Many residents of Fort Lauderdale will file for divorce. In fact, when you hire a divorce attorney in Broward you will often try to mitigate the impact of child custody, time-sharing and shared parental responsibility litigation on your children. The following statistics should remind you why it is important to amicably resolve your divorce case.

1. While 1/2 of children experience their parents divorce, 1/2 of those children will also experience their parents second divorce.

2. 1 out of every 10 children who have seen their parents divorce will also experience 3 or more divorces.

Residents Waiting For Economic Recovery To Hire Broward Divorce Attorneys

Published on: March 23, 2010 | by Sandy T. Fox

During the recession, filing for divorce is a difficult decision. With housing values depressed and jobs disappearing in South Florida, divorce has become a luxury for many residents. Nowadays, there is often not enough money to maintain separate households or to hire a divorce attorney in Fort Lauderdale to go to court and fight over alimony, child support and child custody matters.

Lately, many clients have been living together during and after their divorce. Some have filed for bankruptcy. Others have realized that they are upside down with the values of their homes. In many cases, marital and family law attorneys in Miami-Dade have dealt with clients who only require equitable distribution of debt during their divorce case.

During 2008, there were 838,000 divorces granted in 44 states, a slight decline from the previous year when 56,000 divorces were granted. These days working class couples are vulnerable to file for a divorce since they feel the impact of unemployment. However, the recession has created many unhappy couples who would like to file for divorce but will be required to wait until the economy rebounds.

Florida Appellate Court Rules That Recession Is Not A Basis For New Divorce Trial

Published on: February 18, 2010 | by Sandy T. Fox

If you file for divorce in Broward, your attorney may suggest that you retain a forensic accountant to value the marital business. However, in these uncertain economic times the values of marital assets are volatile and may fluctuate after trial and before the marital and family court in Florida enters the final judgment of dissolution of marriage. In the case of Mistretta v. Mistretta, the Miami Herald is reporting that First District Court of Appeal ruled that the trial court erred in revisiting the equitable distribution due to the economic recession

In the final judgment of dissolution of marriage entered on August 25, 2008, the trial court distributed the marital business to the Husband, assigned a date of valuation of October 31, 2007 and ordered the Husband to make a one time cash equalization payment of $845,000 to the Wife. The Husband requested a new trial and valuation of the business relying upon the economic recession that began in December, 2007 as “newly discovered evidence.” The trial court granted the Husband’s motion.

Rehearing or a new trial based upon newly discovered evidence is permitted when it appears that the evidence will possibly change the result if a new trial is granted, the evidence has been discovered since trial, the evidence could not have been discovered before trial by the exercise of due diligence, the evidence is material to the issue and the evidence is not just cumulative or impeaching. The alleged “newly discovered evidence” cannot simply show some change in circumstance since the trial.

Book Explains Divorce For Minor Children

Published on: February 17, 2010 | by Sandy T. Fox

When a third grade teacher recently got divorced, she had trouble explaining the concept to her two children, ages 4 and 7. While the children had some knowledge about a divorce, the wife decided to read books that dealt with child custody matters such as time-sharing, shared parental responsibility and parenting plans in order to help her children understand what their parents were going through. Now, divorce attorneys in Miami-Dade and Broward may recommend that you purchase a book by Kristi Schwartz titled Divorced Together For the Sake of Children. The book was released on January 22, 2010 and may help Florida children understand about a divorce.

Divorce Attorneys In Fort Lauderdale Should Avoid Ambiguities When Drafting Property, Child Support & Alimony Agreements

Published on: February 16, 2010 | by Sandy T. Fox

Sandy T. Fox, Esquire, a divorce lawyer in Broward and Miami-Dade, represented the Former Wife in an enforcement proceeding in the Florida marital and family law court located north of Fort Lauderdale. The equitable distribution provision of the marital settlement agreement provided that the Former Wife was to receive $141,263.72 from the Former Husband. The Former Husband retained his real property in New York. While no date of payment to the Former Wife was specified in the marital settlement agreement, the final judgment of dissolution of marriage ordered the parties to comply with the marital settlement agreement.

The Former Wife filed a motion to enforce the equitable distribution provision of the final judgment since the Former Husband had only made 5 incremental payments. At the hearing, she testified that she was to receive $141,263.72 upon entry of the final judgment. On the otherhand, the Former Husband testified that the Former Wife was to be paid upon the sale of his New York property.

On appeal in the case of Crespo v. Crespo, the Former Wife argued that the trial court erred in admitting parol evidence as to the intent of the parties. In affirming the decision of the divorce court located north of Ft. Lauderdale, the Fourth District Court of Appeal found that the marital settlement agreement contained a latent ambiguity since it failed to specify the time in which the Former Wife was to receive payment from the Former Husband. The court explained that a latent ambiguity arises when the language in a contract is clear and intelligible and suggests a single meaning, but some extrinsic fact or extraneous evidence creates a necessity for interpretation or a choice among two or more possible meanings.

Broward Divorce Attorneys Explain How To Have The Divorce Talk With Children

Published on: January 30, 2010 | by Sandy T. Fox

When you meet with your Fort Lauderdale divorce lawyer, you will ask many questions related to alimony, child support, property distribution and child custody matters such as time-sharing and a parenting plan. However, Broward divorce lawyers are often asked how a client should tell their children that they are getting divorced.

Couples should try to separate before filing for divorce and explain to their children that they have not been getting along very well and want to see if that helps. Never blame the other parent, even if there was an affair or other reason that you are filing for divorce. Once you have your new living arrangements it is important to discuss this with your children since it is important for them to know what will and what will not change in their lives.

It is very important for you to explain to your children that the divorce is not their fault and has nothing to do with anything that they have done. While you should encourage your children to ask questions, it is important to give them time to adjust. Last but not list, have your children meet with a therapist if they are not adjusting well if you observe sleeplessness, clinginess, angry acting out, truancy, depression and drug or alcohol use. If you do not know a therapist for your children, you can always ask your Fort Lauderdale divorce attorney for a suggestion.

Children With Cancer Does Not Increase Broward Divorce Risk

Published on: January 9, 2010 | by Sandy T. Fox

Fort Lauderdale divorce attorneys have learned that new research suggests that dealing with a child that has cancer does not generally increase the risk for couples to divorce in Broward. After studying 978,000 married couples, researchers learned that that divorce rates between 1974 and 2001 were not higher amongst parties who had a child that suffered from cancer when compared to other parents. When other factors such as a parent’s age and family income, parents who had a child were 4% more likely to get divorced than other parents. However, researchers found that the difference was insignificant in statistical terms.

While there tends to be a general perception that the strain of having a child or spouse with cancer may put couples at risk of a hiring a divorce lawyer in Fort Lauderdale, this perception is an unsubstantiated myth that may add another burden to the people afflicted by cancer. There was no evidence that a child’s cancer raised the risk of divorce in general or that parents are more likely to divorce in their child died of cancer.

However, researchers did find an increased risk of 16% in mother’s who had a college education, compared with those with only a high school education. The risk for divorce was evident during the first 5 years of the child’s diagnosis with cancer. While the reasons for these findings are unknown, further studies are needed to confirm the finding on a mother’s education and to tease out the reason’s for it.

Broward Divorce Lawyers Do Not Want Divorce To Hurt Your Health

Published on: December 13, 2009 | by Sandy T. Fox

After your Fort Lauderdale divorce lawyer has finished your case, you will settle into a new home, organize the time-sharing, parenting plan and child custody aspects of your Florida divorce case and restructure your finances. This can be a trying time for your health and well-being. Researchers have found that 20% of divorced people have chronic health conditions such as heart disease, diabetes or cancer, than those who are married. While the transition to marriage brings an immediate health benefit, if that marriage fails your health can be damaged if you do not take care of yourself.

A divorce in Broward can be very tough on you and your children. It can be very easy to neglect your health and allow it to slide when you and your spouse are fighting about child support and alimony. However, there are many ways to fortify your health during this difficult period of time so that you come out of your divorce feeling stronger and healthier.

It is important to reduce conflict during your Florida divorce. The greater the conflict in your divorce, the greater the chance of physical or mental health problems. Even if your Ft. Lauderdale divorce lawyer does not win all of the aspects of your case for you, it is important to try to enter into a marital settlement agreement as soon as possible so that your children will not be exposed to conflict. Research has shown that children exposed to conflict experience more behavioral and emotional problems.

Florida Judges And Fort Lauderdale Divorce Attorneys Can’t Be Facebook Friends

Published on: December 11, 2009 | by Sandy T. Fox

The Miami Herald is reporting that Florida’s Judicial Ethics Advisory Committee believes that Florida judges should not be friends with lawyers on Facebook or other social networking websites. In the ruling, the committee held that when judges and lawyers are “friends” it creates a conflict of interest. The online friendship could be interpreted that lawyer “friends” are in a special position to influence a judge. However, judges are permitted to post items and links on other judge’s social networking websites.