Fort Lauderdale Divorce Lawyer Blog

Economize During Your Divorce And The Great Recession

Published on: July 13, 2009 | by Sandy T. Fox

One of the factors that couples need to consider when filing for a divorce in Fort Lauderdale is the economic implications placed upon parties during the pendency of and after a divorce. In Broward County, it is important to discuss the impact of the recession with your marital and family law attorney before entering into a marital settlement agreement.

In many divorce cases, a husband and wife decide that they do not want to be married to each other. While they are ready to move forward in their lives, they can not afford to move out of the marital residence. Couples do not want to sell their home during a decline in the real estate market. In other instances, the parties can not afford two households until one of them finds a new job. In the interim, couples are residing in the same marital residence but on different floors. Children are generally acceptable to these conditions and understand that mom lives upstairs and dad lives downstairs.

While proceeding with your divorce case can be complex or inexpensive, the recession has complicated the process further. Many individuals are delaying the decision to file for divorce or are living in uncomfortable marriages due to the economic crisis. Other couples continue to reside together after the divorce as a result of financial necessity. It is unclear how the recession is affecting divorce rates overall because of the delay in compiling economic data. However, what is clear is that parties have been forced to become creative in order to adjust to these turbulent economic times.

Fort Lauderdale Divorce Lawyers Advise To Divorce Now When Assets Are Valued Low

Published on: July 11, 2009 | by Sandy T. Fox

If a man is going to file for divorce in Broward County, the recession might be the time to do it. Fort Lauderdale divorce attorneys have found that incomes, business assets and other holdings have decreased in value. In a strong economy, men do not believe there assets are valued at such a high level when it comes time to equitably divide the marital assets and liabilities.

Strategizing is common when a spouse files for a divorce. The recession may play a part of your strategy. For women, they may argue that they need additional alimony and child support of they have been laid off from their job. But for men, if a guy is impoverished, it is going to give him an advantage in arguing that his wife should take on more of the debt.

If you are planning to file for divorce, you should speak to your Broward County marital and family law attorney. It is important to discuss the best time financially for you and your spouse to file for divorce.

Hire A Fort Lauderdale Divorce Lawyer To Prevent A 14 Year Contempt Jail Sentence

Published on: July 10, 2009 | by Sandy T. Fox

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.

United States Supreme Court To Hear International Child Custody Case

Published on: July 9, 2009 | by Sandy T. Fox

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.

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.

Lawyer Files Paternity Lawsuit Against Casa Casuarina Owner In Miami-Dade Court

Published on: June 28, 2009 | by Sandy T. Fox

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.

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