Martindale-Hubbell
The National Advocates
The National Advocates
National Board of Trial Advocacy
The Florida Bar
Best Lawyers
Client Distinction Award
The National Advocates

Published on: | by

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.
Continue reading ›

Published on: | by

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).
Continue reading ›

Published on: | by

Since 1990, the rate of divorce for couples over 50 years of age has doubled. Increasingly, women over age 40 are reportedly seeking to end their marriages. The phenomenon has been dubbed the empty nest divorce and affects about one in four baby boomer marriages. Researchers believe the soaring divorce rate is a result of increased financial independence and a generational emphasis on individual happiness.

52-year-old Debbie Jenkins found herself surprised when she divorced her husband of more than two decades as she thought she would be married for the rest of her life. Instead, she filed for divorce after realizing neither party to the marriage could relate to one another anymore. She reportedly relied on her grown children and other relatives to help her cope with the changes to her life following divorce. Fifty-something Thatia Cuchera echoed Jensen’s thoughts. She ended her marriage after realizing the relationship she hoped for would likely never materialize. Instead, Cuchera stated she decided to take a chance on herself and embrace the world alone.

Some believe the empty nest divorce trend is a natural result of increased longevity. As life expectancy increases, fewer people are willing to remain in a marriage that fails to meet their expectations for four or five decades. Others feel women have more choices today than their mothers did and enjoy an increased level of independence. Whatever the cause for the higher over-50 divorce rate, financial advisers caution late in life splits can be especially complicated. As couples near retirement, a divorce can have a significant impact on each spouse’s financial outlook as assets are split between the two parties.

If you are contemplating dissolving your marriage, it is important to keep in mind that the State of Florida is a no-fault divorce state. This means no one has to be held responsible for the end of a marriage. If you are facing a divorce or another stressful family law matter, contact a capable South Florida family law attorney to help you protect both your rights and your financial future.
Continue reading ›

Published on: | by

Florida’s Third District Court of Appeals has ruled that attorney’s fees may be awarded pursuant to Section 61.16(1) of the Florida Statutes in a marital property settlement agreement enforcement action. In De Campos v. Ferrara, a former married couple dissolved their marriage in 1991. As part of the dissolution action, the parties entered into a property settlement agreement that required the former wife to pay her ex-husband one-half of the sale proceeds for a business the couple owned during their marriage. Although the business was not immediately sold, the trial court retained jurisdiction to enforce the parties’ settlement agreement.

In 2008, the wife sold the business, reportedly without telling the husband. He subsequently sought relief from the trial court that included a temporary injunction and an order compelling payment of his half of the sale proceeds. Although the wife argued that she previously disposed of the business by incorporating it into a new business and paying her former husband $48,000, the trial court disagreed. Instead, she was ordered to pay her former spouse one-half of the proceeds from the 2008 sale.

In 2009, the former husband filed a petition with the trial court for an award of attorney’s fees and other costs. The trial court denied his petition based on Flanders v. Flanders, stating that the action was “an equitable declaratory proceeding to construe and enforce the parties’ Property Settlement Agreement.” According to the trial court, Section 61.16(1) of the Florida Statutes did not apply to the parties’ case and the husband was not entitled to attorney’s fees since the property settlement agreement was silent on the matter.

On appeal, the Third District reversed the trial court by stating the matter was simply an enforcement action for a final judgment previously entered by the trial court. According to the Appeals Court, there was no ambiguity regarding whether the husband was entitled to proceeds from the sale of the business. Additionally, his former wife did not contest his rights. Instead, she merely contested whether her obligations under the property settlement agreement were previously satisfied. The Appellate Court stated Flanders did not apply to the case at hand because the proceeding was not a declaratory action. According to the Third District, Section 61.16(1) applied to the parties’ case because the court was merely being asked to enforce a marital property settlement agreement in a divorce matter filed pursuant to Chapter 61 of the Florida Statutes.

The Appeals Court also found the husband may be entitled to attorney’s fees because neither party expressly waived their statutory right to such an award in the property settlement agreement. Additionally, there was no implied waiver because the agreement failed to contain any language regarding an award of attorney’s fees. Since Section 61.16(1) applied to the case and governed any award of attorney’s fees, Florida’s Third District reversed and remanded the matter to the trial court.
Continue reading ›

Published on: | by

Last month, North Miami Mayor Andre Pierre’s nephew, Ricardo Brutus, was recently arrested and charged with felony charges for practicing law without a license. He was released from the Miami-Dade County Jail after posting a $25,000 bond.

Brutus’s arrest comes while he is awaiting trial in a separate case. He was previously arrested on March 25, 2011 and charged with unlawful compensation.

His recent charges stem from a Florida Bar complaint by a lawyer who claims that Brutus signed his name on two Miami divorce petitions filed in 2009. The lawyer who reported Brutus stated that he paid him to file cases or complete petitions, but he did not authorize him to sign documents which should only be filed by divorce lawyers in South Florida.

Continue reading ›

Published on: | by

Going through a divorce can be stressful for everyone involved, including a couple’s children. Although a separation or divorce will impact each child differently, it is still a time filled with transitions. For children, a divorce can mean moving out of the family home, changing schools, new scheduling and custody demands, and meeting a parent’s new partner. Understandably, when parents divorce many children feel angry, confused, guilty, or exhibit symptoms of anxiety. There are several steps parents can take in order to make the adjustment period following marriage dissolution easier on their kids.

It is important for newly separated or divorced parents to encourage their children to openly communicate both positive and negative feelings. Most children will have a lot of questions and display a wide range of feelings about their new life. Although parents should keep a child’s feelings completely separate from their own, it is a good idea to ensure children going through their parents’ divorce that lines of communication with parents are always open. It may also be helpful for children to discuss their feelings with a friend whose parents recently became divorced. Divorcing parents should also regularly remind their children that the separation was not way the child’s fault.

In order to make the adjustment to separate households easier, divorcing parents should not put their children in the middle of parental conflict or animosity. No matter what a divorcing couple’s situation is, it is always a good idea for parents to make an effort to remain both neutral and factual when discussing either the divorce or their former spouse around their kids. To help keep children from feeling like they must ‘choose’ a side, any heated disagreements should be discussed away from the former couple’s kids. Additionally, children should not be placed in the role of either messenger or spy.

One of the best ways for a divorcing parent to ensure the separation does not impact children negatively is to take care of themselves as well as the kids. Although divorcing is not easy, a strong support network of family, friends, and even professional counselors can help a parent in the midst of a split maintain a positive outlook. This may help kids adjust more easily.

In Florida, a final judgment of divorce for the parents of minor children will include a child custody arrangement and a parenting plan. Such an arrangement is also called a time-sharing plan. A time-sharing plan will outline where a child will spend overnights, holidays, and other important days of the year. If you are a parent who is considering divorce, you should contact a knowledgeable Florida divorce lawyer for assistance with protecting your rights.
Continue reading ›

Published on: | by

A 23-year-old mother was recently charged with one count of child neglect after her 11-month-old son was found alone in a Miami motel room. According to police, the mother left her infant unattended in a playpen for several hours in a room at the motel on May 13th. A motel employee reportedly notified police the child was left alone after the employee entered the room to clean it. The child’s mother allegedly returned to the motel room more than two hours after authorities arrived. The mother reportedly told officers she left the child in the room because it was raining and she did not want him to get wet. Following the incident, she was taken into custody and later released on a $5,000 bond.

Last week, a Miami-Dade family court judge awarded temporary supervised custody of the baby to the woman’s parents. Judge Jeri Cohen expressed concern over awarding custody to the couple, however, as the woman’s father reportedly has a criminal record that includes a DUI manslaughter arrest. A follow-up court date during which Judge Cohen will make a long-term custody decision is scheduled for later this week. The mother has reportedly lost custody of all of her children, including one who was previously adopted by her parents. Judge Cohen ordered the mother, who is currently pregnant with her fourth child, to attend Alcoholics Anonymous and wear an alcohol monitoring bracelet. She also issued an order that stated the child’s grandparents must wear alcohol monitoring bracelets while the baby is in their custody.

Although it is unclear where the infant’s father is in this case, the custody of a couple’s child is always an especially emotional subject. Most parents worry about who will be tasked with caring for their children after a separation or divorce. In the State of Florida, a parent who would like to modify a child custody order must demonstrate that one of the parent’s circumstances has substantially changed. Additionally, the best interests of a couple’s child must also justify any requested change in custody. A family court judge will examine a number of factors following a request to modify custody. The factors include a parent’s fitness to raise the child, the child’s age, which parent is primarily responsible for the child’s upbringing, and the child’s own preference. Other relevant factors include allegations of child neglect, child abuse, or child abandonment, the moral fitness of the parents, and any evidence of sexual violence.
Continue reading ›

Published on: | by

Approximately half of all American households are home to at least one pet. With a nationwide divorce rate that is currently hovering around 50 percent, “custody” battles over pets have reportedly increased significantly in the U.S. in recent years. A 2006 survey conducted by the American Academy of Matrimonial Lawyers found about one-quarter of attorneys polled reported seeing a rise in the number of divorce cases that involved a pet. Some believe the increase is due to the fact that many people now view their cat or dog as a member of their family.

To most people, their pet is much more than a mere possession. Society appears to be slowly changing to reflect this attitude. In New York, Maine, California, and Illinois, pets are treated as more than personal property in domestic violence situations. Law schools are increasingly teaching animal and pet rights courses. Additionally, pets are now included in U.S. government evacuation and disaster plans.

Unfortunately, pets are still viewed as personal property under Florida law. To a court, a dog or cat is viewed as property that is similar to a television or a piece of jewelry. In 1995, Florida’s First District Court of Appeal stated in Bennett v. Bennett that household pets are personal property and there is no basis in the law for granting visitation or custody for them. The court said that although many individuals consider pets to be members of their family, the court system was already overwhelmed with child visitation and custody awards and could not enforce similar awards for animals. The Bennett court also remanded the appellate case and directed the trial court to treat the family dog as personal property.

Unless a divorcing couple in Florida can reach a shared pet custody arrangement, a cat or dog will be treated like any other piece of property and awarded to one party or the other. Because of this, some divorcing spouses will give up large sums of money in a marital property settlement in order to keep a cat or dog. Sometimes, pets may also be used as a bargaining chip or tool for revenge in acrimonious divorce cases. Mediation, arbitration, or a negotiated divorce settlement agreement may make a divorce where pets are involved progress more smoothly. A qualified Miami divorce attorney can help.

Most family law matters can be resolved outside of court through a negotiated settlement. Postnuptial agreements such as marital settlement agreements may be entered into by married couples who are contemplating divorce or separation. A postnuptial agreement will normally address the disposition of pets, assets, and any agreed upon spousal support obligations. If you are considering dissolving your marriage, you are advised to contact a hardworking Aventura divorce lawyer early on in the process.
Continue reading ›

Published on: | by

35-year-old World Wrestling Entertainment star and Tampa resident John Cena has reportedly filed for divorce from his high school sweetheart after three years of marriage. According to Cena’s divorce filing, the couple’s marriage is “irretrievably broken.” His soon to be ex-wife, Liz Huberdeau, has allegedly hired the same Miami divorce attorney who represented Linda Hogan in her divorce from former professional wrestling superstar Hulk Hogan. In that case, Hogan’s ex-wife was awarded nearly 70 percent of the couple’s assets.

Cena is currently worth an estimated $18 million. Prior to the couple’s wedding, Huberdeau reportedly signed a prenuptial agreement that will make it difficult for her to access most of Cena’s assets. According to some news reports, the agreement even allows Cena to recover gifts given to his wife during the couple’s marriage. Although Cena is unlikely to be required to share the bulk of his assets with his soon to be ex-wife, it will be interesting to see how the court handles the case since the couple has been involved in a relationship for the past 14 years. They do not have any children.

The split is expected to get ugly as reports claim Huberdeau was shocked when Cena filed for divorce. Although the couple was allegedly having marital issues, Huberdeau was reportedly convinced they would be worked out amicably. According to news reports, Cena asked Huberdeau to sign a pre-divorce settlement agreement prior to filing for divorce. She allegedly refused to sign the document.

In the State of Florida, a prenuptial agreement is a written contract signed prior to a marriage that outlines how a couple’s assets will be divided in the event of divorce or death. Cena should benefit from having a prenuptial agreement in place prior to his marriage as negotiations over assets and spousal support obligations should have been decided well in advance of the marriage. Unfortunately, it is common for individuals with few assets to enter into a marriage without a prenuptial agreement in place. Too often, they later regret their choice.

Postnuptial agreements can also be a useful tool for Florida couples who are contemplating a separation or divorce. A postnuptial agreement will normally address how marital assets will be divided and outline any spousal support obligations. Although such agreements may also include provisions regarding child custody and support, they are always subject to modification by a Florida family law court.
Continue reading ›

Published on: | by

Social media websites such as Facebook, Twitter, and YouTube are increasingly playing a factor in Florida divorces. Most people have satisfied their curiosity about a former flame by looking them up online. More and more married individuals are going further, however, and developing online relationships. Anecdotal evidence suggests an increasing number of people are rekindling past relationships and ruining their marriages via social media outlets. Divorces over online behavior are reportedly occurring more regularly throughout the nation.

One woman who declined to be named stated she recently learned her seemingly wonderful marriage was in trouble after her husband left his Facebook page open one day. To her shock, he had developed an online relationship with several other women. She found herself both confused and embarrassed. The problem has allegedly become so commonplace, a website is actually devoted to cheating through Facebook.

According to FacebookCheating.com founder Craig Gross, a barrage of cheating stories and emails are sent to the website on a daily basis. Gross stated he founded his webpage as a sort of online cheating support community. He said the website has documented several hundred cases of marital infidelity aided by the social media page.

Social media reportedly contributes to divorce in other ways as well. Another woman who wanted to remain anonymous filed for divorce after she learned her husband was posting both threatening and derogatory comments about her online. She stated she was not only shocked, but also sickened by the information her spouse shared through Facebook. A different woman claimed she learned her husband wanted to end their marriage only after he said it on the social media website.

With more than 900 million active monthly users, the use of Facebook has become common across the globe. Individuals may forget that everything they say online might later be used against them in a family law matter. For example, a spouse who claims he or she is unable to afford alimony or child support payments may be wise to avoid posting photos of a new luxury vehicle. It is important to note the information distributed through social media can also have an effect on child custody arrangements. If you are faced with an unexpected divorce or other stressful family law matter, you should contact a skilled Florida family law attorney as soon as possible.
Continue reading ›