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In Florida and other states, divorce expos are offering assistance to people struggling with issues related to the end of their marriages. Workshops on money management, single parenting, and other topics seek to assist expo attendees with life after saying goodbye to a spouse. Additionally, divorce expos are designed to connect the recently divorced or separated with community and other resources that may help ease the often difficult and emotional process.

According to one recent divorce expo attendee, Katie Kanney, attending events geared towards the newly divorced is helpful because friends and family are not always privy to the entire story following a split. Kanney stated she has spent almost one year dealing with the physical and emotional aftermath of ending her 15-year marriage. Although Kanney has reportedly dealt with many aspects of her divorce, she is still struggling with hurt feelings and other emotions.

According to expo organizers, divorce is a complex matter with a host of issues that many people simply do not consider until they are engaged in the process. Such issues include not only decreased self-esteem, but also re-entry into the workforce, dealing with a smaller budget, and co-parenting challenges. Events such as a divorce expo are reportedly held to spotlight many of those issues. Vendors including divorce coaches, financial planners, and counselors also reportedly offer their services at such events. According to David Morgan, an Illinois-based financial planner, many of those in the business of helping the newly divorced choose to do so because too often one spouse is left without much understanding of a former couple’s financial situation. Morgan also stated it was his goal to assist divorcees in making smart financial decisions.

If you are contemplating dissolving your marriage, it is important to remember that Florida is a no-fault divorce state. This means the law does not hold either partner responsible for the end of a marriage. If you are facing a divorce or separation, you should contact a dedicated family law attorney who can help you protect your rights and your financial future.
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In some ways, new advances in technology can make surviving a divorce much easier. For example, email, video chat services, and online scheduling products can potentially make communicating with your children while they are in the care of your former spouse easier. In other ways, however, technology’s role in our daily lives may become a trap for the unwary. Too often, former spouses take to popular social networking websites like Facebook to vent or complain about one another. Doing so can create a variety of legal headaches.

Getting divorced normally leads to a host of emotions. It is understandable that many divorcing spouses seek to discuss their situation and concerns with friends and loved ones. Still, making negative statements about your former spouse on the Internet or in another public forum may lead to legal troubles down the road. In 2010, the American Academy of Matrimonial Lawyers found that 81 percent of attorneys surveyed saw an increase in the use of online social media evidence in divorce cases over the previous five years. If in doubt, it is always best to take the high road and keep your grievances off of the Internet.

If you are in the midst of a divorce or separation, it is important to consider that what you write about your former spouse can potentially get you sued. Although you may express your opinions, you may not lie in order to impugn your former spouse’s reputation. For example, if you call your ex a deadbeat and allege that he or she has failed to meet child support obligations that were in fact met, you could be sued for libel. A former spouse may also not harass or stalk their ex using the Internet.

Whether or not any statements made online merit legal action, it is important for both former spouses to understand that ranting on social media websites may harm both your children and your divorce case. If your former spouse’s employer has access to the negative statements you made regarding your ex, it may have an effect on his or her job, and corresponding ability to meet financial support obligations. Additionally, family court judges rarely appreciate reading incendiary tweets, Facebook updates, or blog posts, and such behavior will likely be taken into account when child custody and alimony awards are determined.

If you are concerned about what your former spouse may say about you online, it might be a good idea to negotiate protections into your marriage settlement agreement or ask the judge to prohibit such behavior. For example, a family court judge recently issued a gag order in the divorce proceedings between former NFL star and Major League Baseball player Deion Sanders and his wife, Pilar, amidst allegations of nasty tweets. Finally, if either you or your former spouse have said negative things about one another online, the easiest way to undo at least some of the damage is to issue a simple apology.
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Reality television star Evelyn Lozada has filed for divorce from former Miami Dolphins player Chad Johnson, formerly known as Chad Ochocinco, after only 41 days of marriage. The Basketball Wives star filed her petition in Broward County on August 14th, only three days after she accused her husband of domestic violence. In an emergency call made by a neighbor regarding the incident, Lozada can reportedly be heard stating Johnson head-butted her. Following the alleged altercation, Johnson was released from his position with the NFL team and a VH1 Reality show about the couple, who wed on July 4th, has been cancelled.

According to local police, the fight began after Lozada confronted Johnson regarding a receipt for condoms. The disagreement reportedly escalated and then became physical. Although Lodaza accused Johnson of initiating the violence, he stated she instead head-butted him. Lozada was treated at a local hospital for cuts to her head following the altercation. In a public statement, Johnson apologized for his behavior and stated he loved Lozado. The six-time Pro Bowler also said he planned on training hard in order to gain another chance to play in the NFL. In her petition for divorce, Lozada stated the couple had a premarital agreement in place. She also reportedly asked the court to require Johnson to pay her attorney’s fees and court costs.

Although no one expects to become divorced, entering into a prenuptial agreement is always a smart move. A prenuptial agreement is a contract that is entered into by a bride and groom prior to marriage. The agreement will specify exactly how a couple’s assets will be distributed in the event of a divorce or the death of one spouse. Because Johnson and Lozada entered into a premarital agreement prior to their wedding day, any questions regarding spousal support or other obligations will already be answered. Additionally, the often emotional divorce process will likely be less stressful on both parties. Too often, individuals with few assets fail to enter into a prenuptial agreement. Regardless of each spouse’s net worth at the time of the marriage, this is a decision many couples later regret.

Similarly, a postnuptial agreement can also make the divorce process easier on couples who choose to separate. Normally, a postnuptial agreement will outline exactly how a former couple’s marital assets will be divided and describe any agreed-upon spousal support obligations. A postnuptial agreement may also include provisions regarding child custody and support but such provisions are always subject to modification by a family law judge.

In the State of Florida, a trial court is not required to honor a prenuptial or postnuptial agreement provision that waives temporary attorney’s fees and costs. It is public policy in Florida that pre-divorce support may not be waived. Because of this, you should always speak to a divorce attorney regarding whether you need a temporary attorney’s fees and costs award.
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Miami Heat superstar Dwyane Wade’s lengthy custody battle returned to a Chicago courtroom recently after his ex-wife, Siohvaughn Funches-Wade, allegedly refused to return the couple’s two sons over Father’s Day weekend. When Funches-Wade reportedly declined to turn the children over to Wade’s sister for transport back to Miami, she was arrested and charged with misdemeanor child abduction, interference with visitation, and resisting arrest. In response to the incident, Wade, who was previously awarded sole custody of the children by a Cook County family court, filed a petition requesting that Funches-Wade’s right to visitation be suspended.

Instead of suspending Funches-Wade’s visitation rights, a Cook County judge ordered that all visits during the next four months take place in Florida where the children currently reside with their father. According to Funches-Wade, she has not had uninterrupted access to her children since she was arrested. Her attorney, who recently asked the court to allow him to leave the case, stated it was not typical for law enforcement officers to enmesh themselves in a child custody case. He reportedly believes authorities responded to the incident as a result of Wade’s celebrity.

Wade stated that, despite his recent petition before the court, he would like for his former wife to remain in the boys’ lives. Funches-Wade claims she did not return the children at the specified time due to a severe and debilitating asthma attack.

The custody of a couple’s children is always an especially emotional subject, and most parents worry about how much time they will be allowed to spend with their kids following a divorce. In Florida, a parent who seeks to modify a child custody order must show that one of the parent’s circumstances has changed in a substantial way. Additionally, the best interests of a couple’s children must also justify any requested custody modifications. A Florida family court judge will examine a number of factors under Florida law when considering any request to modify custody. Those factors include the child’s age, the child’s own preference, each parent’s fitness to raise the child, and which parent is primarily responsible for the child’s upbringing. Any allegations of child abuse, neglect, or abandonment, the moral fitness of each parent, and any evidence of sexual violence will also play a factor in a judge’s child custody decision.
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A Martin County father was recently placed on probation after pleading no contest to violating a little-known Florida law designed to ensure parents meet their child support obligations. According to a Martin County Court Clerk, the 34-year-old father was the first person in the county arrested under the law established to punish allegedly deadbeat parents. In addition to sentencing him to five years of probation, Circuit Judge William Roby also ordered the man to regularly pay the $550 per month in child support for his two children that was previously ordered by a family court judge and $69,542.88 in back child support and interest that has accumulated throughout his years of non-payment. Additionally, Judge Roby ordered him to perform 25 hours per week of community service throughout the period of his probation, pay $415 in court costs, and promptly notify the court of any changes in his employment status.

The case against this individual was filed after his ex-wife told local authorities about the little-known law. She reportedly grew weary of the man’s failure to pay his family court ordered child support. Instead, she produced contempt of court orders against him and asked Martin County authorities to prosecute her ex-husband using the third-degree felony statute. Apparently, only two other individuals in Florida have faced the same charge during the last decade.

The man in this case reportedly told Judge Roby he failed to pay his support obligations because he could no longer afford the payments due to a bad economy and the loss of his business. According to this father, his previous efforts to reduce the child support payments were denied. Assistant State Attorney Erin Kirkwood responded to these claims by stating a family court determined the man was able, but unwilling to meet his child support obligations. Although she attended the hearing, his ex-wife reportedly made no comments.

In the State of Florida, parents must provide financial support for their children. A child support award is determined using established statutory guidelines that take into account the costs of medical care, dental care, day care, and the amount of time each parent spends with a child pursuant to a child’s time sharing plan. If a parent voluntarily becomes unemployed or under-employed, a family court may choose to make an award of child support based on imputed income. Imputed income is normally established by examining a parent’s past employment record, job qualifications, and the local pay rate where the paying parent resides.
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Summer means a lot of things including warmer temperatures, vacations, and a break from school for most children. To divorced parents, however, summer can be a source of contention and may make you want to revisit your time-sharing agreement. Former spouses may disagree regarding many aspects of a child’s summer break, but vacations can become especially problematic for divorced parents. Disagreements over the location and timing of vacations can easily lead to larger battles. By following a few simple steps, it is possible for divorced parents to avoid a summer vacation battle.

First, parents can plan ahead by creating a vacation schedule. Generally, when parents fail to make a vacation schedule either parent may take a child anywhere that is not restricted by the former couple’s custody agreement. By discussing parental concerns regarding the location, timing, and other vacation matters, former spouses have to opportunity respond to one another’s concerns before a disagreement arises. Once divorced parents come to an agreement regarding a vacation schedule, it is also important to follow the agreed upon plan where possible. If parents cannot agree on a vacation schedule, mediating the matter in front of a neutral third-party such as a child custody attorney may also be an option to consider.

No matter the subject, it is vital for divorced parents to maintain an open line of communication with one another. If vacation plans that involve children happen to change, the vacationing parent should notify their child’s other parent s soon as possible. For safety reasons, a former spouse should be kept informed of the location of the vacation, the length of the holiday, and the best way to reach their child in the event of an unexpected emergency. By doing this, the vacationing parent can also avoid explaining to a family court judge why important information regarding a child’s whereabouts was not disclosed to the child’s other parent.

Where necessary, a parent may choose to involve the courts in a dispute over vacation time. Normally, a child custody agreement will outline the amount of vacation time each parent will have with their children as well as the amount of notice that must be provided to the other parent prior to leaving on a trip. Travel locations may also be limited by a time-sharing agreement. Even where parents agree upon a vacation schedule, they may choose ensure an agreement is binding by submitting it to a family court for approval.

Since October 2008, divorcing parents of minor children in Florida must enter into a time-sharing agreement. A time-sharing agreement will state exactly how much time each parent will spend with their child including overnights, weekends, school breaks, and holidays. If a child’s parents cannot reach an agreement regarding a time-sharing schedule, a family court will create a schedule for them.
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A Fisher Island man was recently ordered to serve 180 days in jail after he reportedly allowed his 16-year-old son to marry the 18-year-old daughter of his housekeeper in an effort to remove the child from family court oversight. The 65-year-old father was charged with contempt of court and placed in the Miami-Dade Jail for allegedly taking his teenage son to Las Vegas the day after he turned 16 and providing him with consent to marry. The father allegedly did so after a Miami-Dade judge instructed the wealthy businessman to immediately place the child in a Utah boarding school for troubled teens. The boy was ordered to attend the school in November 2010 at the request of his father’s former wife. The teen’s mother, who was awarded joint custody of the boy when the couple split, reportedly asked the family court to place her son in the Utah school on the advice of an educational expert after he was arrested for striking a police officer.

Because the teen is now emancipated, the family court no longer has jurisdiction over him. Instead, Miami-Dade Circuit Judge Stanford Blake quizzed the father regarding the unexpected wedding. According to a hearing transcript, the boy was living in his father’s penthouse on Fisher Island immediately following the wedding. Meanwhile, the teen’s bride remained in Miami. Because the State of Nevada only requires the signature of one parent when a minor seeks to marry, the man reportedly allowed the boy to marry without his former spouse’s knowledge or consent.

At the father’s contempt hearing, his attorney told the court the Utah school declined to accept the boy due to his parents’ ongoing divorce. Despite the school’s rejection of the teen, Judge John Schlesinger stated the marriage was an obvious attempt to thwart the court’s order and keep the boy out of the school. Judge Schlesinger also said the man’s conduct was unacceptable and a clear example of indirect contempt of court. He is reportedly appealing his case to Florida’s Third District Court of Appeal.

Many Florida parents find themselves in the midst of a less than amicable divorce every year. Understandably, the host of emotions that are normally associated with the end of a marriage can be overwhelming. If you are considering divorce, you need a dedicated Florida family law attorney to help you protect your interests and those of your children.
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Increasingly, former spouses in South Florida are utilizing the services of a parenting coordinator. A parenting coordinator is a type of mediator who ensures parents comply with a written parenting plan. The aim of parenting coordination is to encourage communication between divorced parents and prevent their children from becoming a victim in their disputes.

In 2009, the Florida Legislature passed a law that allowed parenting coordinators to have a legal role in disputes between divorced parents. Under the law, a judge can appoint a trained parenting coordinator to mediate any disputes about shared responsibility of a former couple’s children. A parenting coordinator’s role is to help former spouses establish a detailed written plan for a variety of issues such as parental responsibility for certain child costs, child transfer locations and times, and the role of extended family members in a child’s life. When the law was passed, Florida had about 200 trained parenting coordinators. There are now approximately 300 parenting coordinators located throughout the state. Around 15 coordinators currently work in each of Florida’s 20 judicial circuits.

According to Fort Lauderdale family mediator Debbie Sedaka, time-sharing conflicts frequently account for the largest number of parental quarrels. Sedaka stated disagreements between divorced parents often break out during a child’s transfer. She believes a parenting coordinator’s most important role is to teach divorced spouses how to communicate with one another in a way that does not expose their children to more conflict. Pembroke Pines psychologist Pamela Silver said the job of a parenting coordinator is often a stressful one. She also stated it can be extremely difficult to act as a parenting coordinator in circumstances where parents cannot place the needs of their children above their own.

Still, an increasing number of judges and social service organizations believe divorced parents engaged in frequent conflicts can benefit from an outside mediator. Psychologist Jill Schwartzberg, who was recently trained to be a parenting coordinator for a family service organization near Boca Raton, stated it is necessary for parents to find a way to resolve their conflicts in a peaceful manner. Despite the sometimes difficult nature of the role, Schwartzberg believes it is important for parenting coordinators to do their best to protect the emotional well-being of children who come from high conflict families.

In Florida, a child custody agreement is referred to as a time-sharing schedule. A time-sharing plan will establish in writing which parent a child will spend weeknights, weekends, overnights, holidays, and school breaks with. If divorcing parents are unable to agree on a time-sharing schedule, a family court judge will create a time-sharing plan based upon a parent’s moral fitness, any evidence of neglect or abuse, and a variety of other statutory factors. If you are currently engaged in a time-sharing dispute, you should contact an experienced Florida child custody lawyer to discuss your rights.
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The United States House of Representatives recently passed, by an overwhelming margin, a measure designed to protect deployed military service members involved in child custody disputes. H.R. 4201, the Servicemember Family Protection Act, was introduced by Representative Mike Turner of Ohio and passed the House after a vote of 390-2. The legislation, which was also reportedly passed as part of the 2013 defense authorization bill, will now move on to the U.S. Senate.

Interestingly, Secretary of Defense Leon Panetta, military family advocates, and legal experts have expressed opposition to the measure. The American Bar Association, National Military Family Association, and family law attorneys throughout the nation believe the proposed legislation would likely increase legal costs for military families involved in custody disputes because the bill as written creates a right to federal court review. Opponents of the law argue federal review may be detrimental to the children of parents in the military because federal courts may favor deployed service members and fail to consider the best interests of the child when custody is in dispute. Additionally, child custody cases could be heard by federal judges with little or no family law experience.

Representative Turner, who has reportedly supported a military child custody law for the past seven years, stated the proposed legislation is simple. Turner says the proposed law merely states that deployment status may not be used as a factor in child custody awards. He doesn’t believe the law would provide a service member with an undue advantage nor would it have an effect on other aspects of a child custody dispute. Turner said the law would merely remove a disadvantage currently in existence for deployed parents.

Two years ago, a study conducted by the U.S. Department of Defense (DoD) found that military deployments do not affect a parent’s child custody rights. The study also found no reported cases that would suggest parents in the military lost custody based solely on their deployment status.

Turner’s quest to pass the legislation has reportedly inspired several states to clarify or modify existing child custody laws related to deployed service members. Currently, 40 states have laws that do not allow military deployment to be used as the decisive factor in awarding child custody. Next month, a model Deployed Parents Custody and Visitation Act will be published by the nation’s Uniform Law Commission. Although not required, every state will be invited to adopt the language of the model act. Additionally, the DoD has ordered all service members to prepare a pre-deployment Family Care Plan to address child custody issues.

In October 2008, Florida abolished custodial designations for parents. Instead, child custody in the state is now referred to as time-sharing. A Florida time-sharing schedule establishes which parent a child spends not only holidays with, but also other times such as weekdays, overnights, and school breaks. If parents cannot agree on a time-sharing schedule, the family court will create a schedule that takes into account a variety of factors such as the moral fitness of each parent, any evidence of abuse or neglect, and other statutory factors. A knowledgeable Florida child custody attorney can explain the factors to you in more detail.
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In a recent Broward divorce case, the former husband appealed the final judgment of dissolution of marriage. He claimed that Broward Circuit Judge Alfred J. Horowitz entered a final judgment of dissolution of marriage that did not reflect a settlement agreement that was reached by the parties and subsequently announced on the record.

During the trial, the parties reached a settlement agreement which was announced on the record by the former wife’s counsel. The trial court ensured that both parties had discussed the terms and conditions with their lawyer, had their respective questions answered and were entering into the agreement freely and voluntarily. Next, the trial court instructed the lawyers to submit a proposed final judgment of dissolution of marriage reflecting the agreement announced in open court. Counsel for the former wife moved for the entry of a final judgment of dissolution of marriage when the former husband had retained new counsel, Sandy T. Fox, Esquire, who objected to the former wife’s proposed final judgment of dissolution of marriage.

At the hearing several weeks later, the former husband’s new Fort Lauderdale divorce attorney, Sandy T. Fox, Esquire, argued that the former wife’s proposed final judgment of dissolution of marriage did not reflect to the oral stipulation announced on the record. Specifically, Mr. Fox disagreed with the proposed final judgment of dissolution of marriage as it related to the duration of alimony, child support award, equitable distribution of the marital residence and the payment of attorney’s fees and costs. Judge Horowitz instructed the Broward divorce attorneys to submit a proposed final judgment of dissolution of marriage in accordance with the settlement agreement that was announced in open court.

After receiving a letter from Mr. Fox that objected to the former wife’s proposed final judgment of dissolution of marriage along with the former husband’s proposed final judgment of dissolution of marriage, the trial court adopted the former wife’s proposed final judgment of dissolution without any changes whatsoever.

The settlement agreement provided for durational alimony of $1,000 per month but did not specify that it would continue for ten years, a period of time unilaterally selected by the former wife. As such, the final judgment of dissolution of marriage was remanded for the trial court to consider the duration of alimony and make findings consistent with section 61.08, Florida Statutes (2009).
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