Articles Posted in Divorce

Published on: | by

The divorce rate in South Florida could be a reliable indicator of when our economy begins to head out of the recession. Fort Lauderdale divorce attorneys have continuously believed that divorce is recession proof. However, the decreasing divorce rates in Miami-Dade, Broward and Palm Beach counties, as well as across the country, reveal otherwise.

The reason for the decreased rate of divorce is the significant decrease in the amount of money available for equitable distribution. When a marriage is dissolved the marital assets are equitably distributed. The most valuable asset usually is the marital home. There are two typical scenarios regarding the marital home: (1) the parties sell the home and the proceeds are split equitably; or, (2) one party keeps home and the value of the home is deducted from the overall amount that party receives in equitable distribution.

In our current economic situation, the housing market is declining and so the value of the marital home has diminished. Thus, the parties are at a loss if they decided to sell the home and split the proceeds. This loss means the parties cannot afford to find new homes on their own. Therefore, the divorce rate has dropped.

Continue reading ›

Published on: | by

Suppose you are a South Florida couple thinking about obtaining a divorce in Broward County, but you have been falling deeper and deeper into debt since you got married. Which should you file for first: bankruptcy or divorce? Theoretically, it is easier to file jointly for bankruptcy first, and then seek a divorce in Fort Lauderdale. This is because after filing for joint bankruptcy the couple’s debt is cleared, thus leaving one less thing to argue about during the divorce in the Seventeenth Judicial Circuit Court.

However, in practice, filing for joint bankruptcy first may not be in the parties’ best interest. First, the parties must be able to get along well enough to do so, as well as trust each other to list all of their assets and liabilities correctly. Second, if one spouse has openly committed fraud, then the couple will want to file separately so that the innocent spouse is not bothered by problems that will arise regarding discharge of the other spouse’s debt.

Because each marriage presents unique situations and circumstances, it is best to consult with an attorney before filing for either bankruptcy or divorce. Despite the ease associated with filing for joint bankruptcy first; nevertheless, there are a variety of financial considerations that could make filing for divorce first a wiser decision for the couple.

Continue reading ›

Published on: | by

Whether you reside in Weston, Hollywood, Hallandale, Cooper City, or any of the cities in Florida it is important that you minimize the pain that a child suffers during your divorce. Many parents do anything and everything to avoid upsetting their child during the dissolution of their marriage in Fort Lauderdale, Florida. However, the best of intentions are often forgotten when a couple begins the process of a divorce in Broward County, Florida.

Key factors that affect a child’s ability to cope with their parents divorce are the quality of contact with both parents and the level of contact between them. During a divorce, you must provide a stable environment for your child at a time when, ironically, you may feel that you are least able to provide it.

The following are important tips how you can minimize the impact of a divorce on your child:

Continue reading ›

Published on: | by

Fort Lauderdale, Florida divorce Judge Arthur Birken ruled that Palm Beach Circuit Judge David French should not have to pay his former wife $3,400.00 a month in permanent alimony because she has been living with another man for nearly 20 years. Judge Birken also ordered the former wife to repay $151,000.00 that she received in alimony since August 2006.

Judge David French was divorced from his former wife in 1988. In 2006, Judge French requested that his alimony obligation be abated after the Florida Legislature enacted Florida Statute 61.14(b) which permits modification or termination of alimony to recipients living in a supportive relationship. The trial court denied this request in August 2006.

The Fourth District Court of Appeal reversed the trial court’s August 2006 ruling and found that the former wife was in a supportive relationship and should not continue to receive alimony from Judge French

Continue reading ›

Published on: | by

A divorce in Broward County, Florida is often a time in which both parties are not celebrating until the entry of the Final Judgment of Dissolution of Marriage. The family law judge in your Fort Lauderdale divorce court case will enter a Final Judgment of Dissolution of Marriage that addresses alimony, equitable distribution, time-sharing (custody) and many other factors. Once the court enters the Final Judgment of Dissolution of Marriage in your case, you are divorced and it is time to celebrate.

Elite Cake Creations now makes divorce cakes that depict domestic discord. These cakes include a heart-shaped cake broken in pieces that have a groom on one piece and a bride on the other piece and a cake that looks like the blackened walls of a prison cell decorated with a ball and broken chain. Other divorce cakes include a bride taking her groom out with trash, a man sitting dejected on a curb, a man sitting dejected on a curb, a woman dumping a man over a waterfall and a cemetery of broken marriages marked by tiny tombstones.

About 50% of marriages end in divorce nationwide. While that figure has remained fairly steady, there has been a drop off due to the economy and poor housing market. However, if you are looking to celebrate your divorce, the novelty divorce cake from Elite Cake Creations may give all of your friends and family a good laugh.

Published on: | by

During divorce and paternity proceedings, Sandy T. Fox, a Fort Lauderdale attorney, can assist clients with custody and time-sharing disputes. One of the most common conflicts related to custody cases, such as those in Broward County, Florida, deals with jurisdictional competition and conflicts with courts of other states and countries pertaining to child custody and time-sharing. The divorce court can make an initial child custody determination if Florida is the home state of a child on the date that the proceedings commence.

In Karam v. Karam, the Third District Court of Appeal was presented with the issue of whether the trial court departed from the essential requirements of the law in dismissing the custody portion of the Wife’s petition for dissolution of marriage was quashed.

The parties have two children and lived in Guadeloupe until 2005. In 2005, the parties entered the USA on the Husband’s investor visa and placed their home in Guadeloupe for sale. The Husband created a corporation in Florida and opened a store in Miami, Florida. The parties purchased a $1.2 million home in Florida, obtained insurance for the residence and cars and obtained a Florida drivers license. The Wife obtained a US social security card and health insurance for the children. While the minor children attended school in Florida, they spent the holidays and summers with the parties in Guadeloupe. Although the parties resided in Miami, Florida since 2005, the parties also maintained a residence, bank accounts, vehicles and businesses in Guadeloupe.

Continue reading ›

Published on: | by

Filing for divorce in Fort Lauderdale, Florida is hard to do during a recession. Parties are divorcing but can’t sell their home, so they still living together for now. They both live in the same house they can’t sell because of the bitter state of the economy. The stress of the country’s economic meltdown is taking its toll on marriages in Broward County, Florida. There is no evidence that people file for divorce more or less frequently during an economic slump. However, couples experiencing marital problems are feeling extra stress because of the economy and can not leave their current situation because the financial costs are enormous and the inability to sell their house. On the otherhand, couples experiencing marital problems may divorce because of the economic strain or because divorce during hard times could be weirdly profitable.

Couples who are certain that they want to proceed with a divorce will lose less money to their spouse due to the current state of the economy. In the past, recessions have caused married couples to separate in part due to the uncertainty and unemployment of the husband and wife. However, Husbands and Wives can make better financial choices by living together during a divorce. The economy has also impacted an individual’s ability to pay a divorce lawyer in Broward County, Florida $3,000.00 to $5,000.00 as a retainer. A protracted divorce case involving complex custody matters can cost $30,000.00.
Continue reading ›

by
Posted in: Economy
Published on:
Updated: