Florida divorce law has been given a big change with the passing of a recent bill. Florida judges now have a new option in awarding alimony. known as durational alimony. The law is designed to address situations where permanent alimony is not the best option, but is the only option available. Florida law has prevuously recognized gray area marriages- those of more than a dozen or so years- as situations where permanent alimony may not be appropriate. Now, in those situations, a Florida judge can award durational alimony. An award of durational alimony is for a period of years and can be modified or terminated.
It is too soon to know whether the law will effect cases already pending or divorce already filed or how often durational alimony will be used. When it comes to alimony, entitlement and number of years for alimony are always decided on a case by case basis. Those who have specific questions about their Florida alimony case should contact a Florida family law lawyer for advice.
Wednesday, June 9, 2010
Thursday, March 4, 2010
Florida Courts experience backlog with child support cases
With job and income losses, more and more people are filing for modification of child support. And many can't afford lawyer. It appears that the Court system cannot handle the backlog of cases and people are waiting up to six months for their day in court.
http://www.miamiherald.com/2010/03/03/1509258/child-support-cases-tie-up-courts.html?story_link=email_msg
http://www.miamiherald.com/2010/03/03/1509258/child-support-cases-tie-up-courts.html?story_link=email_msg
Wednesday, January 27, 2010
No really, you keep it: The one asset that neither party wants
In this time of recession and falling home prices, neither party wants to keep the house anymore. As this article illustrates, there are options to break the We Can't Afford the House deadlock. Word to the wise: simply quit claiming the house to your spouse does not get you off the hook for the mortgage. Make sure you are protected credit wise and against a possible foreclosure in the future.
Read the article
Read the article
Thursday, October 29, 2009
Lousy spouse? There's a website for that
In a previous post, I discussed why posting details about your divorce on Facebook is not a good thing. For those of you who just can't get away from blogging, there is a website where you can do so and attempt to remain anonymous. I say attempt because there is no way to keep information anonymous when you post it on the internet. For those of you in the middle of a divorce, keep in mind that anything you post can and, if located by your spouse or his/her lawyer, will be used against you in Court.
Legal disclaimers aside, the website is lousyspouse.com. Its mission statement is to provide support to anyone going through the divorce process. And this includes a forum for venting about everything divorce-related- including your attorney.
Legal disclaimers aside, the website is lousyspouse.com. Its mission statement is to provide support to anyone going through the divorce process. And this includes a forum for venting about everything divorce-related- including your attorney.
Tuesday, August 4, 2009
Divorce Court: understanding what a Judge can and cannot do
Much of the angst associated with divorce results from a misunderstanding of the court's role in the process. Many times I've heard, as a mediator and as an attorney, "I'll just take it to court", meaning the Judge will make all of this fair for me.
While the courts do strive for fairness, there are limits on what a judge can or cannot do, especially in the current challenging economic times where job losses and foreclosures are on the rise. No matter what the economic situation of a couple is, a judge cannot make a situation fair from an emotional standpoint.
One of the most important things a person can do to avoid a costly divorce is to avoid unrealistic expectations. No one will walk away "with everything" and no judge will decide if your spouse was a good partner to you. In addition to emotional expectations, a person's economic expectations need to be held in check as well.
The information below was excerpted from a divorce magazine article featuring Judge Toler, of Divorce Court fame:
The judiciary is required to provide both fairness and resolution, a difficult thing to do in a divorce. What could be more complicated than untangling lives that have been intertwined on every level for years? How can the law address all of the nuances of everyday life and the entire range of human behavior?
The answer is, it can't. Unfortunately, in order to achieve resolution, sometimes the law must make generalizations with respect to what is fair. So your court's answer to "how do we end this" may seem somewhat arbitrary. Sometimes the law simply has to say: "This is the way we are going to do things."
What the divorce courts say
Canada and many U.S. states, including Florida, have adopted child support guidelines, a mathematical formula in which you plug in the numbers (income and the like) and do the math, and out comes the support amount.
In a community property state, the court looks to divide marital property 50/50, no matter who made what during the course of the marriage.
In an "all property" state, the law may not distinguish between marital and separate property at all.
Canada and most U.S. states (with the notable exception of New York, where fault is an issue in contested divorces) provide no-fault divorces. That means the court will not consider either spouse's misconduct during the marriage in determining support or property division, except in cases where a spouse's misconduct has depleted assets.
These generalizations notwithstanding, it doesn't mean that a judge has no ability to make equitable determinations based on individual circumstances. Judges almost always have some judicial discretion. That's the leeway the law gives to judges in implementing those general rules. Sometimes, the law will give the judge the ability to consider not only the factors outlined by the statute but also any other factors that will promote a just and fair outcome. In some no-fault jurisdictions, a judge can consider a party's misconduct if that party's actions are sufficiently outrageous or depleted the marital assets. Even when the law requires judges to follow mathematical support guidelines, a judge may deviate from them in certain situations, although they are typically required to provide written support for their decision.
In sum, the Court tries to strike a balance between applying the law and being fair. But, in the end, the court gives you the most important thing of all: resolution.
While the courts do strive for fairness, there are limits on what a judge can or cannot do, especially in the current challenging economic times where job losses and foreclosures are on the rise. No matter what the economic situation of a couple is, a judge cannot make a situation fair from an emotional standpoint.
One of the most important things a person can do to avoid a costly divorce is to avoid unrealistic expectations. No one will walk away "with everything" and no judge will decide if your spouse was a good partner to you. In addition to emotional expectations, a person's economic expectations need to be held in check as well.
The information below was excerpted from a divorce magazine article featuring Judge Toler, of Divorce Court fame:
The judiciary is required to provide both fairness and resolution, a difficult thing to do in a divorce. What could be more complicated than untangling lives that have been intertwined on every level for years? How can the law address all of the nuances of everyday life and the entire range of human behavior?
The answer is, it can't. Unfortunately, in order to achieve resolution, sometimes the law must make generalizations with respect to what is fair. So your court's answer to "how do we end this" may seem somewhat arbitrary. Sometimes the law simply has to say: "This is the way we are going to do things."
What the divorce courts say
Canada and many U.S. states, including Florida, have adopted child support guidelines, a mathematical formula in which you plug in the numbers (income and the like) and do the math, and out comes the support amount.
In a community property state, the court looks to divide marital property 50/50, no matter who made what during the course of the marriage.
In an "all property" state, the law may not distinguish between marital and separate property at all.
Canada and most U.S. states (with the notable exception of New York, where fault is an issue in contested divorces) provide no-fault divorces. That means the court will not consider either spouse's misconduct during the marriage in determining support or property division, except in cases where a spouse's misconduct has depleted assets.
These generalizations notwithstanding, it doesn't mean that a judge has no ability to make equitable determinations based on individual circumstances. Judges almost always have some judicial discretion. That's the leeway the law gives to judges in implementing those general rules. Sometimes, the law will give the judge the ability to consider not only the factors outlined by the statute but also any other factors that will promote a just and fair outcome. In some no-fault jurisdictions, a judge can consider a party's misconduct if that party's actions are sufficiently outrageous or depleted the marital assets. Even when the law requires judges to follow mathematical support guidelines, a judge may deviate from them in certain situations, although they are typically required to provide written support for their decision.
In sum, the Court tries to strike a balance between applying the law and being fair. But, in the end, the court gives you the most important thing of all: resolution.
Friday, July 31, 2009
Saving marriages during a recession
One New Jersey family therapist took to heart President Obama's national service provision. Its a little known portion of the economic recovery plan which calls for a national service plan similar to the Civilian Conservation Corps, which was created in response to the eerily similar Great Depression. But Dr. Alan Singer is doing more to answer the call than the President requested.
In response to a blog posting criticizing the plan, Singer submitted the following:
"I want to take it one step further during these stressful times of increasing unemployment and home foreclosures. I believe it is time to think about giving one day a month to help others by using our profession skills, especially to help those who recently lost their job or their house."
Singer volunteers his services on the weekends, meeting with couples who have been hard hit by the recession and whose marriages are struggling as a result. He spends his "free" time, free in two senses of the word, helping middle aged couples address the loss of the savings and helping younger couples struggle with the decision to begin or expand a family in these tough economic times.
Singer has seen the "nightmarish" stress that unemployment and foreclosure can impose on a marriage. He said there's an overwhelming lack of hope among these victims of the recession, for whom each new day brings only a new bill to pay or resume to submit.
If Singer had his way, these marriages would all survive. His efforts will certainly help some. But, even if divorce is inevitable, Singer's efforts will help these couples deal with the reality of divorce without the negative emotions that cause people to engage in battles over property (even when there is no property to fight over) and children.
In response to a blog posting criticizing the plan, Singer submitted the following:
"I want to take it one step further during these stressful times of increasing unemployment and home foreclosures. I believe it is time to think about giving one day a month to help others by using our profession skills, especially to help those who recently lost their job or their house."
Singer volunteers his services on the weekends, meeting with couples who have been hard hit by the recession and whose marriages are struggling as a result. He spends his "free" time, free in two senses of the word, helping middle aged couples address the loss of the savings and helping younger couples struggle with the decision to begin or expand a family in these tough economic times.
Singer has seen the "nightmarish" stress that unemployment and foreclosure can impose on a marriage. He said there's an overwhelming lack of hope among these victims of the recession, for whom each new day brings only a new bill to pay or resume to submit.
If Singer had his way, these marriages would all survive. His efforts will certainly help some. But, even if divorce is inevitable, Singer's efforts will help these couples deal with the reality of divorce without the negative emotions that cause people to engage in battles over property (even when there is no property to fight over) and children.
Tuesday, July 21, 2009
Florida’s relocation statute and proposed changes
A couple of years ago, Florida lawmakers modified the relocation statute to include a rather strict set of requirements for a primary residential parent seeking to leave the state, or the geographical area, with the minor children. Currently, only the primary parent needs to take these steps prior to relocating. But, if a non-residential parent leaves the state, or moves more than 50 miles away, chances are good that the time sharing schedule with the children will change. This is often the subject of much after the fact litigation as the non residential parent moves and then seeks to modify or enforce visits with the children. A proposed change in the law may affect the non residential parent who doesn’t take steps to address the timesharing schedule before moving.
The proposed new law will require the non-residential parent to file a Notice of Relocation similar to the one a primary parent is now required to file. The notice will have to include a proposed time sharing schedule. If the parents cannot reach an agreement, the Court will hold a hearing and set a time sharing schedule which takes into account the travel distance between the child or children and the relocating non-residential parent. The Court may also address the issue of who will be responsible for travel expenses and whether the non-residential parent should receive an offset against child support for these expenses.
There is also a provision addressing the situation where the parent who moves away spends less time with the children. In such cases, child support may be modified upward to take into account the increased expenses borne by the residential parent.
It is too soon to say what provisions will be included, or whether the law will change at all. However, given the new timesharing statute and the trend towards more parents spending equal time with their children, it is clear that the state lawmakers need to set rules in place for situations where either parent moves away, especially since there is no longer a primary residential parent designation.
The proposed new law will require the non-residential parent to file a Notice of Relocation similar to the one a primary parent is now required to file. The notice will have to include a proposed time sharing schedule. If the parents cannot reach an agreement, the Court will hold a hearing and set a time sharing schedule which takes into account the travel distance between the child or children and the relocating non-residential parent. The Court may also address the issue of who will be responsible for travel expenses and whether the non-residential parent should receive an offset against child support for these expenses.
There is also a provision addressing the situation where the parent who moves away spends less time with the children. In such cases, child support may be modified upward to take into account the increased expenses borne by the residential parent.
It is too soon to say what provisions will be included, or whether the law will change at all. However, given the new timesharing statute and the trend towards more parents spending equal time with their children, it is clear that the state lawmakers need to set rules in place for situations where either parent moves away, especially since there is no longer a primary residential parent designation.
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