Divorce

Planning Your First Step After Your Fort Lauderdale Divorce (Part 2)

Published on: July 7, 2009 | by Sandy T. Fox

In part one of my last blog, Planning Your First Step After Your Fort Lauderdale Divorce, I discussed why it is important to speak to financial and legal experts following the entry of the Final Judgment of Dissolution of Marriage by the Broward County divorce judge. Most likely, your marital and family law attorney in Fort Lauderdale has advised you to update your estate and financial plans to reflect your new economic circumstances. Here are some additional ideas to consider:

Plan For Special Needs Children

If you have a disabled child who is expected to need lifetime assistance, consider a special needs trust to protect your child from having to give up any public financial assistance. In addition, your special needs child may not have to give up access to medical care that could be taken away due to an inheritance. When assets are held in trust, they are generally not considered the child’s assets.

Make Estate And Financial Planning Your First Step After Your Fort Lauderdale Divorce (Part 1)

Published on: July 6, 2009 | by Sandy T. Fox

After your divorce in Broward County, the last thing that you want to do is consult another attorney. Let’s face it, your probably paid your Fort Lauderdale divorce lawyer a lot of money. Regardless of your age or whether or not you have kids, it is important to consult both financial and legal eperts to be sure your estate and financial plans are updated to reflect your new circumstances. If you were not working with a financial and legal expert during your divorce, now is the time. You should consider the following:

Start With A Financial Planner

Get a look at your finances after your divorce is finished. Expenses for single people can grow quickly and unexpectedly. A financial planner can help review your new spending and savings needs, compare strategies to achieve long-term goals and give you tools to protect your assets and loved ones if you die suddenly.

Divorce Cakes On Display For Miami-Dade and Broward Residents

Published on: July 1, 2009 | by Sandy T. Fox

On April 23, 2009, I previously wrote about a Fort Lauderdale bakery that sells divorce cakes. Let’s face it, after the marital and family law Judge in Broward County makes you and your spouse’s divorce official, wouldn’t you want to have a party where you can serve a divorce cake to your friends that can cushion the breakups with sugar and laughter? You can invite your friends in Broward County or even ask your divorce lawyer to leave his office in Fort Lauderdale and come by for the celebration.

For individuals who have been divorced in Broward and Miami-Dade County, do not be sad that you have to pay your spouse alimony or that you did not receive your fair share of the marital assets. Instead, from 8:00 P.M. on Thursday, July 2, 2009 to 2:00 A.M. on Friday, July 3, 2009, visit the Mamajuana Cafe, 225 Altara Avenue, Coral Gables, Florida and get a glimpse of some divorce cake freshly baked by Elite.

Keep Your Finances Afloat During Your Fort Lauderdale Divorce

Published on: June 29, 2009 | by Sandy T. Fox

Financial hardships in Broward County brought on by the recession have made divorce a reality for couples who live in South Florida. The recession is causing many couples throughout Fort Lauderdale to rethink their marital situation since a high priced divorce may further deplete their shrunken assets and liabilities. Many divorce attorneys in Hollywood, Cooper City, Miramar, Plantation and other cities in Broward County are available to assist you with your dissolution of marriage during these tough times.

Many couples do not want to get divorced because of recession related problems. People who have have no children and limited finances can save money on their divorce by hiring a lawyer when they have reached a settlement and file for a simplified dissolution of marriage. However, couples with children, real estate and a more complicated financial situation have to salvage their finances during a divorce.

You must be consistent in communicating with your lawyer. Get a referral through word-of-mouth, local and state bar associations or online through search engines such as Google. During your initial consultation with a marital and family law attorney, ask for a free or reduced rate consultation. You should also ask your divorce lawyer about attending mediation as soon as possible. Be cooperative, realistic and prepared to compromise with your spouse during your divorce.

The Top Five Mistakes To Avoid When Getting Divorced In Fort Lauderdale

Published on: June 27, 2009 | by Sandy T. Fox

Getting divorced in Broward County can be a daunting experience. You are not just breaking up with your spouse, but you are dividing your assets and liabilities and creating a parenting plan and time-sharing schedule with your children. Whether you live in Cooper City, Coral Springs, Plantation or Southwest Ranches, a divorce can be a long and expensive process. By hiring a divorce lawyer in Fort Lauderdale, you can avoid some of the most common and costly mistakes.

Here are the top five mistakes:

Being Unprepared

Florida Divorce Judge’s Decision Reversed For Awarding Permanent Periodic Alimony to South Florida Wife Where Rehabilitative Alimony was More Appropriate

Published on: June 25, 2009 | by Sandy T. Fox

In Vigo v. Vigo, the Florida marital and family law court awarded the wife permanent periodic alimony in the amount of $5,500 per month. The Third District Court of Appeals, located south of Broward County, reversed the Florida Divorce Judge Maxine Cohen Lando’s decision to award the wife permanent periodic alimony because under Florida law, the wife is not a candidate for permanent periodic alimony.

Permanent periodic alimony is generally reserved for long term marriages, or for marriages where a major inequity is created by the dissolution. This type of alimony is used to maintain the lifestyle that the parties were accustomed to during the duration of the marriage. When determining whether permanent periodic alimony is appropriate, the court also considers the need of the party requesting alimony and the ability of the party who is obligated to pay.

In this case, need turned on whether the Wife would be able to work after the divorce. During the seven and one half year marriage, the Wife worked for three and a half years as a housekeeper and for one year operating her own used car business. In 2005, when she stopped working, the Husband supported her. The evidence on record reflected that the Wife had “serious chronic health problems;” however, the appellate court found that she lived a rather active lifestyle, attending church for three hours at a time, shopping, taking her dog to the park for two hours a day, and visiting the beauty salon. The appellate court found that her ailments would not prevent her from obtaining a sedentary job.

Eleven Things That Your Fort Lauderdale Divorce Attorney Should Tell You About Children

Published on: June 23, 2009 | by Sandy T. Fox

During your divorce or paternity case in Broward County, minor children are often placed in the middle of their parents custody, time-sharing and parenting plan disputes. Your Fort Lauderdale divorce lawyer will explain to you that your child is entitled to have a relationship with both parents. The marital and family law court located north of Hallandale Beach in downtown Fort Lauderdale will do its best to protect your children during your case.

You should always remember to think about what is in the best interest of your children. The following will help your children prosper and maintain the best behavior during and after your divorce or paternity case:

1. Children should have the right not to be asked to choose sides between their parents.

The Effects Of Your Fort Lauderdale Divorce On Your Children

Published on: June 22, 2009 | by Sandy T. Fox

It is very common for feuding spouses to stay together for the sake of their children. Instead of seeking a divorce in the Seventeenth Judicial Circuit Court in Broward County, spouses stay married despite their growing disdain for one another. Psychologists from Miami-Dade, Broward and Palm Beach counties have all studied the disconcerting effects divorce has on the kids. However, new research has led many Fort Lauderdale couples to file for divorce despite their children because staying together may have more damning effects than breaking apart.

Studies from the past have concluded that children of divorced parents are more likely to have lower grades, have high risk of health issues, and are more likely to become the victim of child molestation. On top of these risks, there are emotional damages as well, feelings of guild and abandonment.

Today Show psychologist correspondent Robi Ludwig, reached the conclusion that divorce is sometimes a good thing for the kids. When parents who are involved in a high-conflict marriage, where there is a lot of yelling and arguing, stay together, the children are deeply affected. The constant arguing causes the children to feel stressed out. Moreover, it leads them to feel ignored because their parents are continuously absorbed in their own contentious battle. The children start to feel that their needs are not being met at home. All of these emotions and feelings led the children to engage in dysfunctional behaviors.

Broward County Recession May Be Grounds For A Modification Of Alimony Or Child Support Divorce Obligations

Published on: June 21, 2009 | by Sandy T. Fox

What happens if the Fort Lauderdale divorce judge has ordered you to make alimony or child support payments and you no longer can pay the amount? Do not neglect your payment obligation. Go back to the Broward County divorce court and file a petition for a downward modification of your child support and/or alimony. Whether you are paying child support or temporary, rehabilitative or permanent alimony, if you stop making payments, the marital and family law judge in Fort Lauderdale may hold you in contempt of court which means you could end up behind bars at the Broward County jail.

With the economy the way it is today, a number of spouses are finding it exceedingly difficult to make their payments. If you are the payor spouse and you are making less money than you were at the time of your support determination, you may have legal grounds to petition the court for a downward modification. If you are the receiving spouse it is wise to draft a new agreement with your ex detailing the percentage of downward modification and the length of time this modification will be in effect. Both parties should consult their attorneys and come up with a modification agreement so that the children and the parents are financially stable.

The statutory grounds for modification of alimony are found in section 61.14(1) of the Florida Statutes. When the parties enter into an agreement or the court orders alimony payments, and sometime later the financial ability or the circumstances change then either spouse may request the court for modification of alimony or child support payments. The party who petitions for a change in alimony must show that a substantial change has occurred. Showing a reduction in the payor’s income alone will not justify modification. The change must be involuntary and there must be no other funds in the payor spouse’s possession that could be used to keep current with the alimony obligation

Florida Divorce Court Awards Wife $250,000.00 Lump Sum Alimony Payment

Published on: June 17, 2009 | by Sandy T. Fox

In Vigo v. Vigo, the appellate court affirmed Florida divorce court Judge Maxine Cohen Lando’s decision to award the wife $250,000 in lump sum alimony. The wife presented sufficient evidence to the divorce court located south of Fort Lauderdale that the husband intended to gift a condominium to her. Therefore, the Florida marital and family law court appropriately awarded her a $250,000.00 lump sum alimony award that represented a one-half interest in the couple’s condominium located south of Broward County.

The husband purchased the condominium during the marriage with non-marital funds. He also paid the monthly expenses related to the condominium including mortgage payments, condominium association fees and insurance with non-marital funds. Because the wife claimed that he intended to gift to her a one-half interest in the condo, she had to prove (1) the Husband’s donative intent, (2) his delivery of or her possession of the gift, and (3) the Husband’s surrender of dominion and control of the gift.

The wife met this burden. The evidence presented at trial was that the husband purchased the condominium at the wife’s request so that she could be closer to her grandchild; the wife attended the closing and signed the mortgage; the husband told the wife he purchased the condo for both of them to use; both are named on the homeowner’s insurance policy; both of their names are on sales receipts for furniture and accessories used to furnish the condo; and finally, the condo became their marital residence which the wife assisted in maintaining for the parties.