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One of the reasons to hire a Fort Lauderdale divorce attorney during your marital and family law case in Broward County is to protect you during a contempt or enforcement hearing so that you do not wind up behind bars. Your spouse may request that the judge hold you in civil or criminal contempt of court if you do not pay your child support, alimony or attorney’s fees and costs. However, the Broward County judge can not incarcerate you in jail for a debt that you owe your spouse pursuant to a property settlement agreement.

A former Philadelphia lawyer was ordered released from jail today after serving 14 years in prison for a contempt of court charge. He was incarcerated for failing to turn over $2,500,000.00 from a divorce distribution settlement. While he contends that the money was lost in a bad investment, his ex-wife says that he sent the money outside of the USA.

During a hearing this week, the contemnor testified that he did not control the missing funds or have posession or knowledge concerning them. His lawyer argued that the civil contempt order was not effective and had turned punitive. The former wife’s lawyer argued that there was no constitutional limit on civil confinement.

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During your divorce in Broward County, it is important to speak with your lawyer about removing your child from Florida during and after your case. The marital and family law judge in the Seventeenth Judicial Circuit Court can issue an order or temporary injunction prohibiting the removal of your child from Fort Lauderdale, Florida. During contested custody and time-sharing cases, the divorce judge can also issue an order prohibiting the issuance of a passport or requiring you or your spouse’s Fort Lauderdale divorce attorney to hold your child’s passport in trust to prevent your child from being abducted or kidnapped from the jurisdiction.

The United States Supreme Court recently agreed to hear arguments in a child custody dispute between a Texas mom and British dad. The court will examine how American authorities handle the Hague Convention on child abduction which prevents one parent from taking a child to other countries without the other parent’s consent. The United States is amount 80 different countries that follow this treaty.

In this case, the father accused the mother of violating a court order issued in Chile by taking the minor child, a U.S. citizen born in Hawaii, to Texas without his consent. The father asked the American court to order that the minor child be returned to Chile based upon the Hague Convention. The mother felt that she had exclusive custody of the child and that the U.S. courts can not order her to return the child to Chile.

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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.

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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.

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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.

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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.

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Peter Loftin, owner of the former Gianni Versace mansion on South Beach, Casa Casuarina, has been served with a paternity lawsuit by a former Miami Dolphins cheerleader. The lawsuit was filed on June 5, 2009 in the Miami-Dade county marital and family law court. The case is assigned to Miami-Dade Circuit Court Chief Judge Joel H. Brown, who presides over child support, divorce, alimony and paternity cases south of Fort Lauderdale.

Any woman who is pregnant or who has a child, any man who has reason to believe that he is the father of a child or any child may file a paternity action in circuit court to determine the paternity of a child when paternity has not previously been established. The court can require the child, mother and alleged fathers to submit to DNA testing that are generally acceptable within the scientific community to show a probability of paternity. The DNA test is conducted by a qualified technical laboratory.

A Final Judgment of Paternity generally will address child support, including but not limited to, a monthly amount, uncovered and out-of-pocket medical and dental expenses, hospital and medical expenses, costs of confinement, bills for pregnancy and child birth and any other expenses incident to birth. In addition, a Final Judgment of Paternity may also address shared parental responsibility, time-sharing schedules and a parenting plan so that both parents can have a meaningful relationship with the minor child.

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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

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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.

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If you are currently in the process of a divorce in the Broward County, your spouse’s Fort Lauderdale lawyer will most likely request to take your deposition. Under Florida Law, once a petition for divorce is filed with the court, both parties are mandated to disclose to the other side their current financial information. Fort Lauderdale divorce attorneys use depositions to learn greater detail about the other party’s finances and lifestyle.

A deposition is witness testimony given under oath and recorded for use at a later date in court. Here is a helpful list of what to do and what not to do during your deposition.

1) Request time prior to the deposition for your attorney to prepare you.

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