Articles Posted in Divorce

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When you meet with your Broward divorce lawyer, you may feel the need to tell him or her that your spouse has cheated. Prior to filing for divorce in Fort Lauderdale, your divorce attorney will explain to you that Florida is a no-fault state. You do not need to prove that one spouse was at fault in order for the Florida marital and family law judge to enter a Final Judgment of Dissolution of Marriage.

The divorce rate in Florida is down. However, the percentage of married people who have reported cheating and infidelity remains the same. Some sociologists and demographers explain that the cheating is due to the economy. Others explain that there is a decline in the number of married people and people waiting until they are older to marry in cities throughout Miami-Dade and Broward.

In a recent survey by the American Academy of Matrimonial Lawyers, 37% of lawyers responded that business has dropped during these tough financial times. This may be explained by a survey from the Institute of Divorce Financial Analysts that found that the recession led many couples to delay the filing of their divorce case in Broward. Additionally, federal data indicates that the divorce rate has been falling since 1990.

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Michael Dipploito, a resident of Boynton Beach filed for divorce in Delray Beach after his wife, Dalia Dippolito, tried to have him murdered. Police say that the wife tried to hire a hitman to kill her husband. However, the person that she hired was an undercover police officer. The wife is charged with solicitation to commit first degree murder. She bonded out of jail on Thursday and is residing at her mother’s residence on house arrest. This Florida divorce case has been assigned to marital and family law Judge Charles E. Burton.

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When you meet with your Broward divorce attorney, you are most likely to ask about the equitable distribution of your assets. Your Ft. Lauderdale divorce lawyer will also discuss with you matters pertaining to child support and alimony. Whether you live in Plantation, Coral Springs, Cooper City or Pembroke Pines, the recession has not only affected businesses and individuals in your area but also will impact your divorce in Broward County, Florida.

The recession requires concessions amongst couples who file for divorce. During a good economy, when there is greater wealth, couples will hire divorce lawyers and fight. These days, clients are requesting to attend mediation soon rather than later. Individuals are less inclined to drag out the divorce proceeding in court, fighting over the division of diminished assets.

Divorcing couples can not often afford two different homes. Sometimes they have to live together since the marital residence will not sell. The husband and wife must make accommodations for each other such as each party living in separate bedrooms. However, these couples share household chores, parenting responsibilities and baby sitting arrangements.

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Your Broward divorce lawyer will explain to you the importance of minimizing the impact of your divorce for the benefit of your children. While Florida marital and family law has a presumption for shared parental responsibility, your children may feel torn between you and your spouse’s custody, time-sharing and parenting plan litigation in the Broward divorce court. However, the effect of your Fort Lauderdale divorce can effect your children during their marriage.

Children who grew up residing with both of their parents are less likely to get divorced or separated than those who did not. 18% of adults who grew up in an intact family have never been divorced or separated. On the other hand, 28% of those who lived in a non-intact family have been divorced or separated.

Adult children of divorced parents have an elevated risk of seeing their own marriages end in a divorce. Unfortunately, children from a divorced home have significant doubts about marital stability. They also have a greater perceived chance of divorce and more often report marital difficulties even when they are happily marriage. Children from a divorced home are more likely to escalate conflict and reduce communication with their spouse.

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When you meet with your divorce attorney in Fort Lauderdale, you are at a time period in your life that is unpleasant and stressful at home with your spouse. Your Broward County divorce lawyer will explain to you Florida marital and family law related to custody, time-sharing, a parenting plan and alimony. However, it is important that you remember that the stress of your divorce can effect your emotional and mental health. You should always remember how important it is to feel good before, during and after your Florida divorce.

Getting a divorce has long-term negative consequences for your health. While evidence suggests that a recent divorce is associated with an increase in poor health and depression in the short term, it also can effect your health years and decades later.

Individuals who are divorced are 20% more likely to have heart disease, diabetes, cancer or another chronic condition and 23% more likely to have mobility problems such as difficulty climbing stairs or walking short distances. In addition, those individuals who were divorced but then remarried still had 12% more chronic health conditions and 19% more mobility problems than married people who never experienced a divorce

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Your divorce in Broward can become overwhelming. It can threaten to sabotage all aspects of life, including your career. Your Fort Lauderdale divorce lawyer may require you to appear in court so that you can receive temporary child support, alimony or attorney’s fees and costs. In order to maintain your professional career, you should consider the following 8 tips:

Keep Your Divorce Private: Avoid telling your coworkers unless they need to know for business reasons.

Separate Work Life From Home Life: When you get in your car to leave for the office, allow the drive to work to become an escape from your divorce. This will allow you some relief so that your problems do not overlap.

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During your divorce in Broward County, the Florida marital and family law judge will divide you and your spouses assets and liabilities. Many of the marital liabilities and debts incurred during a marriage are jointly held. This means that you and your spouse are both equally liable for payment and non-payment of joint debt incurred during the marriage. After your Fort Lauderdale divorce lawyer negotiates who will be responsible for all of the marital debt, the divorce judge will eventually approve the marital settlement agreement that deals with the equitable distribution of the marital assets and liabilities.

The court does not generally order the lender or creditor to recognize payment responsibilities during a divorce. Even thought the court can make one spouse responsible for the payment of a debt, the creditor can come after the other spouse and negatively impact his or her credit if he or she has responsibility for the liability with the creditor.

The only way to dispose of your joint marital liabilities is to dispose of the joint debts. This may mean selling the marital residence or a car to protect your credit from being negatively impacted. Another alternative is to refinance the debt into you or your spouses name so that the joint debt will become an individual debt.

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When you meet with your Fort Lauderdale marital and family law attorney, you will be asked about you and your spouses assets and liabilities as part of your divorce case. Your Fort Lauderdale divorce lawyer will explain to you the difference between marital and non-marital assets and liabilities as set forth in Florida Statute 61.075. One way that the Broward County divorce judge can award you an interest in the enhancement value of a non-marital asset for equitable distribution purposes is as a result of marital efforts or marital funds that result in an increase in value of a non-marital asset.

In Shinitzky v. Shnitzky, the former wife appealed the trial court’s order which held that funds recovered in a lawsuit for damages arising from the loss of a non-marital asset were a non-marital asset. Before the marriage, the Former Husband sold his business for $8 million. The parties did not dispute that the $8 million from the sale of the Former Husband’s business was non-marital. After the marriage, the Former Husband placed the $8 million into a brokerage account. The broker absconded with the money. The parties worked together to recover the funds for two years during the marriage. The Former Husband then moved out of the house and pursued the lawsuit on his own before recovering $5.6 million and an uncollectible judgment against the broker.

The Former Wife argued that the funds received from the lawsuit were marital since they were acquired during the marriage. While the Former Husband agreed that if marital labor or funds had been used to pursue the lawsuit and that if the expenditure of marital effort or funds had increased the value of the recovery that the increase could be considered marital, he argued that none of the recovery was marital since marital funds or efforts did not increase the value of the $8 million non-marital asset.

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When you meet with your divorce lawyer in Fort Lauderdale, you will soon understand that there is never a best time to file for divorce. However, if a man is considering filing for divorce in the Broward County marital and family law court, the recession might be the time to do it. Divorce attorneys in Miami and Fort Lauderdale have exlained to clients that income, business values and assets have decreased in their present values.

For men, it may be less painful to walk away now. For women, it is important to think about whether they should file for divorce now before assets and income continue to decrease in value. However, couples throughout Florida believe that they should not file for divorce during the recession because of the need for dual incomes.

In Miami-Dade and Broward County, the business of divorce is slightly down from the number of filings one year ago. Throughout the state of Florida, new divorce filings fell from 21,333 in the first quarter of 2008 to 18,028 in the first quarter of 2009. In Miami-Dade County, new divorce filings fell from 3,239 in the first quarter of 2008 to 3,196 during the same quarter in 2009. In Broward County, new divorce filings fell from 2,148 in the first quarter of 2008 to 1,543 in the first quarter in 2009.

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In some divorce cases filed in Broward County, the division of assets and accountability of income is clear. In other cases, the division of assets is not so straightforward. One spouse in a Fort Lauderdale divorce case may believe that the other spouse is hiding assets. Spouses may also disagree about their shared lifestyle which is relevant when your divorce attorney needs to determine alimony. When you file for divorce in Fort Lauderdale, your lawyer may request that you hire a forensic account to prepare your case and ensure that your divorce is based upon full disclosure of assets, liabilities and income.

Forensic accountants analyze the economic aspects of a divorce case. By reviewing financial documents such as bank statements, tax returns and corporate financial records, they develop an accurate assessment of the financial situation by evaluating when money is deposited, where assets are kept and how assets are distributed. All in all, the assets are examined for the purposes of child support, alimony and property division.

In calculating alimony and child support, a forensic account ensures that there is a truthful reporting of each spouse’s income. For property distribution, the forensic accountant ensures that this is fair when there is not a full understanding of the marital assets and liabilities. If both parties have not actively managed the family finances, one may not be aware of all of the assets. If one spouse is trying to hide assets, an untrained person may have difficulty finding the concealed assets.

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