Ocala Divorce Lawyer Blog

On July 1, 2011, changes to section 61.08, Florida Statutes went into effect. This is the section of Chapter 61 that governs an award (or lack thereof) of Alimony. These small or "tweaking" changes narrow the circumstances under which permanent, periodic alimony will be awarded. The new portions of the Alimony Statute are found below, with the changes underlined:

61.08 Alimony.--

(2) In determining whether to award alimony or maintenance, the court shall first make a specific factual determination as to whether either party has an actual need for alimony or maintenance and whether either party has the ability to pay alimony or maintenance. If the court finds that a party has a need for alimony or maintenance and that the other party has the ability to pay alimony or maintenance, then in determining the proper type and amount of alimony or maintenance under subsections (5)-(8), the court shall consider all relevant factors, including, but not limited to:

(a) The standard of living established during the marriage.

(b) The duration of the marriage.

(c) The age and the physical and emotional condition of each party.

(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.

(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.

(f) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

(g) The responsibilities each party will have with regard to any minor children they have in common.

(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.

(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.

(j) Any other factor necessary to do equity and justice between the parties.

(7) Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage.

(8) Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), following a marriage of moderate duration if such an award is appropriate based upon clear and convincing evidence after consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are written findings of exceptional circumstances. In awarding permanent alimony, the court shall include a finding that no other form of alimony is fair and reasonable under the circumstances of the parties. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

(9) The award of alimony may not leave the payor with significantly less net income than the net income of the recipient unless there are written findings of exceptional circumstances.

Section 80. Effective July 1, 2011, the amendments to s. 61.08, Florida Statutes, made by this act apply to all initial awards of alimony entered after July 1, 2011, and to all modifications of alimony of such awards made after July 1, 2011. Such amendments may not serve as a basis to modify awards entered before July 1, 2011, or as a basis to change amounts or duration of awards existing before July 1, 2011. The amendments to s. 61.08, Florida Statutes, made by this act are applicable to all cases pending on or filed after July 1, 2011.

The Los Angeles Times had an interesting article recently which explains the impact of divorce and remarriage on receipt of Social Security funds. Nearly 50 percent of marriages will end in divorce, and many retirees are not married because of divorce. Social Security benefits are the main source of income for over 70 percent of unmarried retirees, so it is important for individuals to learn how previous marriages can affect their plans for retirement.

Social Security sends out quarterly statements to help people plan for their retirement and estimate their benefits. However, these statements fail to properly address the impact divorce has on future benefits. In fact, divorced people often make costly errors because they don't understand spousal and survivor benefits, said Leslie Walker, communications director for the Social Security Administration in Richmond, Calif. "The closer you get to retirement age, the more you need to know the rules.

You may claim spousal benefits if you were previously married for 10 years and if your spouse was paying Social Security taxes during that time. If you worked for at least 10 years and paid Social Security taxes, you may be eligible for personal benefits as well. You cannot claim both spousal and personal benefits, but you can claim the option that gives you the larger amount of money.

However, if you remarry prior to turning 60 years old, you become ineligible to spousal benefits from a previous spouse . If you wait to remarry until after turning 60, you can retain rights to spousal or survivor benefits. Most divorce lawyers are incompletely unversed on the impact on a "gray divorce" and collecting social security.

Survivor benefits are a preferred option since you are given 100 percent of your former spouse's benefits as opposed to 50 percent from spousal benefits. If you have been married twice and both of your spouses are deceased, you cannot claim benefits for both spouses. However, you may choose the benefits from the spouse that would pay you the most.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

As archaic as it may sound, in the not too distant past - the preference was for the court to award primary child custody to the mother and "weekend visitation" to the the father. This model has been seriously eroded in the past 10 years or so, but still exists in many places. A recent study found, though, that the general public favors joint custody (also known in Florida as equal time-sharing), with parents sharing equally splitting the children's available time. Courts that continue to award primary custody to mothers automatically, without a good hard look at rotating custody or equal time-sharing, are going to find themselves increasingly at odds with the desires of society, the authors of the study concluded.

The researchers looked at polls and ballot initiatives and found that there was consistent public support for equal child custody. In addition, the researchers surveyed people about their feelings on child custody, and found that there was a strong preference for dividing a child's time equally between both parents.

Perhaps surprisingly, people who responded to the survey felt that equal parenting time was appropriate even in cases where there was a high level of conflict between the parents. The probably had more to do with "custodial parent" not being able to use the child as a pawn or weapon against the other parent.

Lead author Sanford L. Braver said, "The striking degree to which the public favors equal custody combined with their view that the current court system under-awards parenting time to fathers could account for past findings that the system is seriously slanted toward mothers."

The Arizona State University researchers noted an interesting aspect of the survey in which responders still preferred a 50-50 split even in hypothetical cases where the mother had provided 75% of the child care duties before the divorce, and in hypothetical cases where fathers had provided 75% of the child care pre-divorce.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

A story from Tampa Bay Online, shows that sometimes being done does not really mean being done. The Florida legislature is considering another redo of the statues that govern Florida family law, Chapter 61. And although they just finished "tinkering" with the statute just last year, they are now proposing to further amend spousal support requirements for those who are ordered to pay alimony.

"We want to do things equitably and fairly," said Rep. Kelli Stargel. She said she knows men who have been ordered to pay so much in alimony that they're unable "to live their lives." Some told her that they would be better off financially if they simply stopped working. Representative Stargel is pushing a proposal that would stop the state's courts from automatically awarding permanent alimony when there's a divorce after a long marriage. The bill's proponents say it would also include safeguards to prevent the person paying alimony from becoming worse off financially than that the person on the receiving end of spousal support.

Last month, the House Civil Justice Subcommittee voted unanimously to approve Stargel's proposal protecting those who pay alimony. A similar bill is in the Senate, but has not yet been voted on.

A 56-year-old man interviewed for an article on the bill said it needs to go further in remaking Florida law. He was divorced in 2007 following 27 years of marriage. He said he was ordered by a court to pay $2,000 a month in permanent alimony from his $66,000 per year salary. He claims his ex-wife worked throughout their marriage, only to quit her job during their divorce.

Another divorced man said the proposed legislation "will stop the easy payoff, this easy money these women are getting." He claims he pays $700 per month out of a yearly income of $17,000.

When courts award spousal support they must look to the statutory factors of Chapter 61.08 that guides the award of spousal support, and are supposed to consider need vs. ability to pay, income, the couple's marriage lifestyle, the length of their marriage, their ages and health conditions, the contributions the two parties made to the marriage, assets and other factors.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

The economic recession that has gripped the country has significantly affect families in a myriad of ways, including the ability to financially support one's children. One of the biggest problems has been a drop in child support payments. Missed payments are no longer simply a case of "deadbeat parents" who don't want to pay child support. Rather, many jobless parents are simply too poor to afford these support payments.

When a parent continually misses child support payments for any reason he or she must face the consequences, usually by being brought into court by Department of Revenue/Child Support Enforcement (DOR). The delinquent parent may even end incarcerated for failure to pay support. But Florida's child support laws are unique in that Florida is one of only five states where a "deadbeat" parent facing trial is not guaranteed access to court appointed counsel.

What this ultimately means is that a parent who is too poor pay child support will likely go to jail because he is also too poor to afford a lawyer. The U.S. Supreme Court is currently hearing a case to address this very issue. A South Carolina Father who has been repeatedly jailed for his inability to pay child support is attempting to prove that this system constitutes a modern form of debtors' prison.

And unlike in criminal cases where the defendant is appointed a free lawyer (Public Defender), which are constitutionally guaranteed, child support payments are a civil matter. Therefore the state of Florida does not need to provide a free defense lawyer.

The question at issue is whether it is fair to imprison a non-paying parent without legal representation simply because they are too poor to pay. The Supreme Court's ruling could have a large impact on how Florida treats the issue of child support payments.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your appointment today.

Too often when client's are first handling the throws of divorce or separation, the emotions involved run very high. There is an old adage that says criminal lawyers see bad people at their best and divorce lawyers see good people at their worst.

Sometimes, however, emotions become too high and it turns into violence. Attorneys and Judges work very hard to keep this from happening. Yet, just last month, a 28-year-old Florida man was arrested after he viciously beat his wife right in front of a judge. The man and his wife were involved in a divorce court hearing at the time. He now faces criminal charges for felony battery, domestic violence and resisting arrest. For the full story see this link.

The incident took place in the judge's chambers (office). The man reportedly stormed out of the room after the judge ordered him to pay child support for his two young children and gave him court ordered parenting time. The man returned a short time later and began screaming at the judge and his wife. He then reportedly began hitting his 23-year-old wife in the head and face and choking her.

The woman's attorney attempted to stop the violent man by putting him in a bear hug. The man, who is an ex-Marine, would not surrender even after police intervened. He was finally subdued after being shot with a stun gun.

The woman was taken to a hospital where she was treated for a broken nose, broken bones in her face and a torn lip.

Child custody, child support, and divorce are all difficult issues which put a great deal of stress on individuals and families. Nevertheless, no person has the right to let stress turn into violence. And because of his poor choices, this man will now face serious criminal charges, and parenting time with his children could potentially jeopardized as well.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Please call to today.

I had seen this list about a year ago at a Family Law meeting. I'd like to post this to my blog to remind divorcing parents that their actions and words have a direct impact on their children during a divorce. If you are going through a divorce or contested family law matter, please keep these in mind when helping your children cope with the issues that arise during the litigation.

DIVORCE RULES
Dear Mom and Dad,
I'm just a kid, so please...

1. Do not talk badly about my other parent. (This makes me feel torn apart! It also makes me feel bad about myself.)

2. Do not talk about my other parent's friends or relatives. (Let me care for someone even if you don't.)

3. Do not talk about the divorce or other grown-up stuff. (This makes me feel sick. Please leave me out of it.)

4. Do not talk about child support. (This makes me feel guilty or like I'm a possession instead of your kid.)

5. Do not make me feel bad when I enjoy time with my other parent. (This makes me afraid to tell you things.)

6. Do not block my visits or prevent me from speaking to my other parent on the phone. (This makes me very upset.)

7. Do not interrupt my time with my other parent by calling too much or by planning my activities during our time together.

8. Do not argue in front of me or on the phone when I can hear you. (This turns my stomach inside out!)

9. Do not ask me to spy for you when I'm at my other parent's home. (This makes me feel disloyal and dishonest.)

10.Do not ask me to keep secrets from my other parent. (Secrets make me feel anxious.)

11.Do not ask me questions about my other parent's life. (This makes me uncomfortable. Just let me tell you.)

12.Do not give me verbal messages to deliver to my other parent. (I end up feeling anxious about their reaction. Please call them, leave them a message at work or put a note in the mail.)

13.Do not send written messages with me or place them in my bag. (This also makes me uncomfortable.)

14.Do not blame my other parent for the divorce or for things that go wrong in your life. (This really feels terrible! I end up wanting to defend them from your attack. Sometimes it makes me feel sorry for you and want to protect you. I just want to be a kid, so please, please...stop putting me in the middle!)

15.Do not treat me like an adult. (It causes way too much stress for me.) Please find a friend or therapist to talk with.

16.Do not ignore my other parent or sit on opposite sides of the room during my school or sports activities. (This makes me feel sad and embarrassed. Please act like parents and be friendly, even if it is just for me.)

17.Do let me take items to my other home as long as I can carry them back and forth. (Otherwise it feels like you are treating me like a possession.)

18.Do not use guilt to pressure me to love you more and do not ask me where I want to live.

19.Do realize that I have two homes, not just one. (It doesn't matter how much time I spend there.) I'd also really appreciate it if you would let my other parent come into our house every now and then, because it's my home too!

20.Do let me love both of you and see each of you as much as possible!

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.

Recently, a study performed by the National Marriage Project found that 44% of American high school graduates who don't have college degrees have children born outside of marriage. That number has tripled since the '70s. Around half of those 44% are couples who are living together. Marriage is no longer a prerequisite for having children. And the social stigma of a child born out-of-wedlock as completely vanished. And we're not talking teen mothers; half of those non-marital births were to couples living together. The trend is living together and having children without the legalities of marriage.

These statistics are best exemplified by Andrew Felices, 26, and Mellissa Giles, 27, who are quickly becoming the "new face of the American Family." Andrew and Mellissa are part of a huge shift. Many are in their 20s or 30s and, like Mellissa and Andrew, welcome a child. But marriage?

"A lot of people, I think, see marriage as a piece of paper," says Mellissa. "A piece of paper that costs a lot of money to change." She laughs and explains that she means divorce. The trend of 'babies without marriage' in American culture makes it more acceptable than ever to have children outside of an intact marriage, but researchers found that unmarried parents are more likely to split-up by the time their child is five years old.

Brad Wilcox, who heads the National Marriage Project, says that for three decades, the concept of marriage before children has been steadily changing. Since the 1960s, Wilcox notes, there's been concern about the breakdown of family among the poor and African-Americans. "What's happened now," he says, "is that retreat from marriage has moved up the social ladder into the heart of American life, into Middle America."

If you are an unmarried parent and need assistance with creating a parenting plan or need help in establishing your parental rights, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation. Call for your consultation today.

Being in the military takes a huge toll on your private life. With multiple deployments, in marriages where sometimes both spouses are in the military, can make it seem almost impossible to maintain what it takes to keep a marriage together. Even if you are in the States and your spouse is deployed, the months and months apart make it difficult keep any kind of martial cohesiveness. Even though military families today are able to use e-mail and video chats to keep in better touch, these tools still can't maintain the feelings of intimacy and togetherness that keep marital bonds strong.

Over half of all military personnel are married, and 70% of military personnel have children. The divorce rate for active-duty military personnel has risen from 2.6% in 2001 to 3.6% in 2009, surpassing the civilian divorce rate of 3.4%. In 2009 there were around fifty thousand military divorces. In response to the strain on families, the Pentagon has increased spending to a record $9 billion on family support programs, including more for child-care services and family counseling.

Military divorce numbers also do not include personnel who get divorced a year or two after leaving the military. Often times when the solider comes home, there is a huge attempt to rekindle the marriage and make the marriage work. Unfortunately, there are other factors involved, such as Post-Combat stress that undermine these attempts of saving the marriage.

There is also another factor not considered: many military marriages that are in trouble are maintained, at least officially, to retain benefits. It is not unusual for troubled couples in the military to remain married in order to continue receiving higher housing payments. A civilian spouse who divorces a service member loses his or her military health coverage.

Nearly 800,000 National Guard members and reservists have been called to active duty, since 9/11, the most since World War II. A half-million have deployed to Iraq and Afghanistan - and 200,000 have served multiple tours. Nearly 100,000 Guard members and reservists are currently serving on active duty. The stresses on the families of these personnel is enormous.

Research has found that military women have the harder time staying married. Divorce rates are two to three times higher for female service members than for men. The highest divorce rate occurs with military women married to civilian men.

"Military families are stressed - really, really, really stressed," said Dr. Benjamin Karney, a professor of social psychology at UCLA who has studied military marriages for the Rand Corp., a California think tank that often does studies for the military. To read more about the Pentagon's steps to reduce the divorce rate in military personnel, please click on the link to read the entire story.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation to analyze your case with you. Call for your consultation today.

Buyer Beware is never more true than when buying a home from a divorcing couple. Marriage break-ups can be tense. And when divorcing couples sell their homes, it's buyer, agent and everyone that should be cautious.

There are about one million divorces a year in the United States and in most cases, there's a home that needs to be sold. That can mean great bargains, because couples divorcing -- like those in foreclosure -- are often among the most motivated of sellers, willing to accept offers below market value.

Still, house hunters may well pay the price in terms of aggravation and time when working with these sellers.

Buyers must wade through the venom generated by the divorce. Often, one spouse is anxious to sell while the other tries to sabotage the deal -- either out of spite or an unwillingness to end the marriage.

"Most of my divorcing clients dislike each other very much so navigating the transaction can be tricky," said Scott Weeda, a Seattle-based real estate agent who specializes in divorce. To read more about the dangers of buying a home from a divorcing couple, please click on this link.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Is it illegal to snoop on your spouse's e-mail? That will be the question before the court in the case of Mr. Leon Walker. He "hacked" into his wife's e-mail (she kept the password in her address book next to the computer), and found that she was having an affair. Now the couple has filed for divorce, and Walker has been charged with unauthorized access to a computer in order to "acquire, alter, damage, delete or destroy property." Currently there is case law in Florida that prevents spouses from using intercepted communications from the other spouse's computer in court. See O'Brien v. O'Brien, 899 So 2d 1133, Fla. 5th DCA, 2005.

The case is being heard in Michigan, but Florida and Marion County divorce lawyers will be very interested in the outcome of the case. Many Florida divorce cases begin with the discovery, via e-mail, text messages or social media, of infidelity or other secrets. If one spouse can be prosecuted for looking at another spouse's private communications, it could change the situation in many family law cases.

The law Walker is being charged under is usually used against hackers intent on making money or causing damage.

Walker's wife had been married twice before. By snooping, Walker discovered that she was having an affair with her second husband. Walker says that he had every right to poke around in the computer because he was concerned that his wife's ex-husband might be abusive around their young children. The ex-husband had previously been convicted of abuse.

Other arguments Walker will make include: that he bought the computer in question, that it was in his home, and that his wife left the password where anyone could find it.

Walker said, "I felt that with the risk to my daughter and to my stepson, I had an obligation to check. I had no choice."

The prosecutors in the case disagree. They feel the case is justified. But the defense will say that the law does not apply to domestic snooping.

A bigger question will be whether it is worthwhile for police and courts to pursue criminal cases when people have been looking at someone else's e-mail or other private communications.

If you need assistance with your divorce or family law matter, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I have included some helpful tips to assist in making it through the holiday season either during or after divorce. Time-sharing with the children during this period of time often creates the most turmoil during the divorce process. I hope this list helps.

1. No fighting about the holidays in front of the children. This should go without saying, but sometimes a reminder helps. Also, please don't use the children to pass messages back and forth. Usually during the holiday season both parents feel that they are getting the "short end of the stick." Remember. the time sharing arrangement varies from year to year, so if you did not get Christmas eve this year, it should be yours next year. Just remember to keep the kids out of the fighting over holiday time sharing.

2. Try to be flexible with holiday time-sharing. With family and friends coming in for the holidays - there are often requests to switch days or just periods of time. Remembering that this is is a special time for the children to see out-of-town relatives, might make it more palatable to switch days or evenings around.

3. Do something fun for yourself - if you don't have that particular holiday, like Thanksgiving or Christmas with the kids - finds something fun to do. Maybe spend the night close to a big shopping mall and get there really early (think Florida Mall hotel right next to the Florida Mall). Visit a Bed and Breakfast in St. Augustine and just roam around the little shops and boutiques. Schedule a manicure or pedicure - for a spa day. Watch marathon football or chick flicks and stock up on the popcorn. Maybe a hunting trip with a buddy. Visit the Appleton or Harn museum or go to an art show. A trip to the bookstore for coffee and browse through magazines. The choices are endless and there are always many free or next to free things to do in Central Florida during the holiday period.

4. Surround yourself with supportive friends and family. Those same people who helped see you through the divorce, can also help see you through the holiday season. It is never a good idea to isolate yourself during the holidays. Getting out and socializing with others can even take your mind off your problems as you enjoy the company of those who love you.

5. Create new "traditions" for yourself: if you always did particular things with your former- spouse and children, it would be extremely helpful to create new traditions that you do with yourself or that you do with children. Going to Church or Synagogue, visit friends and family, get the tree out early and start decorating. Being alone does not mean being lonely. Enjoy some of the free time that you didn't have before. Consider doing something completely different from previous years. If you are alone this year think about taking a trip or spending time with friends out of town. If you have your children, consider celebrating the holiday in a different location, in the mountains or at the beach.

6. Give your children the gift of a guilt-free holiday season. This gift is absolutely priceless. Don't make them responsible for your happiness or entertainment. Don't spend so much money that you feel "taken advantage of." Children would rather have a holiday with a fun-filled parent than one with lots of presents and a parent who is angry, overwhelmed and resentful.

7. Celebrate Thanksgiving/Christmas more than once. Just because a holiday falls on a particular day, doesn't mean it can't be celebrated on a different day. If you will not be with your children on a holiday, call or send a gift or card to make contact with them, then celebrate with them on the next day that you are together. Most children love celebrating holidays more than once.

8. Please don't wait until the last minutes to make time-sharing arrangements or changes to the schedule. If you realize that you and your former spouse are very far apart in agreeing on the time-sharing schedule, waiting to the last minute may make it impossible to get into court. Try your best to work it out yourselves. Negotiate and communicate with your former spouse. Try to keep reactivity to a minimum. Remember to put the children first.

9. Don't over indulge in alcohol or other drugs. Holiday time can sometimes be painful, but anesthetizing emotional pain with chemicals only creates more depression and leads to a greater sense of hopelessness and isolation.

10. Focus on the positive. Say hopeful and optimistic things to yourself and aloud. Remember that Thanksgiving, Hanukkah and Christmas are about being thankful and miracles. Fill yourself with thankfulness and appreciate the miracle that after so much pain that we can heal emotionally when given the opportunity. Move past anger, bitterness and resentfulness. If we focus on the positive and the best possibilities, these are usually what we get. If we focus on the negative and brace ourselves for the worst possible outcome, this is also what we usually get.

If you are thinking about divorce or facing a family law related matter, please see our website for more information on your legal options or call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

I have noticed in my Ocala family law practice that more and more Grandparents are raising their grandchildren, either by an informal agreement or by seeking a court order for Custody by Extended Family Member pursuant to Florida Statute 751. This was recently validated in a new study produced by the Pew Research Center, using U.S. Census Bureau data, shows that one in every ten children in the United States is living with a grandparent. The numbers have been rising sharply since 2008, the first year of the current recession.

This trend to any Florida attorney practicing family law has been inescapable. The study noted that 41% of the children who live with a grandparent are being raised primarily by that grandparent. While the numbers rose from 2000 to 2006, they definitely spiked ast the economy worsened in 2007 and 2008. An article from the Examiner stated that in Florida, the US Census Bureau indicate that 2% of all children under the age of 18 (64,500 kids) were living in skipped generation grandfamilies in Florida as of 2007."

The Pew Report found that Grandparent-parents are 62% female, and 38% male. Two-thirds of grandparent caregivers are married, while 34% are not. Most grandparents who care for their grandchildren have been doing so for quite a long time. More than half (54%) report that they have been the primary caregiver to at least one grandchild for three years or more, and 23% have been the primary caregiver to a grandchild for between one and two years.

All in all the grandparent caregivers tend to be relatively young -- most (67%) are younger than age 60, and 13% are younger than 45. This makes sense, since younger grandparents are more likely to be physically able to meet the needs of grandchildren on a daily basis. Sadly, Grandparent caregivers tend to have very limited financial resources. Nearly one in five (18%) is living below the poverty line.

If you are Grandparent seeking information on your legal options for custody of your grandchild, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We have helped many Grandparents successfully obtain custody their grandchildren under Florida Statute 751 (Custody by Extended Family Member). We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

Having represented many Biological Fathers in contested Adoption cases, this case out of the Ohio Supreme Court is a real "win" for umarried biological fathers. The war on fathers' rights in adoption proceedings continues and fathers are starting to become more victorious in the legal battles that ensue, like the one described in Toledo Blade. Also see my blog post on Helping Biological Father's Get His Child Back.

Benjamin Wyrembek had a brief affair with a married woman. She became pregnant in 2007 and, along with her husband, decided to place the child for adoption. Wyrembek had no way of knowing if the child was his or not and possibly neither did the woman, although neither the article nor the opinion says. But he timely filed his claim of paternity with the Ohio Putative Father Registry and brought suit in juvenile court in December, 2007 to establish paternity. In January, 2008, the adoptive parents, Jason and Christy Vaughn, filed their suit to adopt the child.

Genetic testing determined that the child is Wyrembek's and every court has since ruled in his favor. Basically, he's the biological father who's done every legal thing in his power to get custody of his son and every court has ruled that the adoption can't go forward. But the litigation remains and the process is stalled by the court system. On September 28, 2010, the prospective adoptive parents were ordered to turn the child back over to Benjamin Wyrembek, but the prospective adoptive parents' attorney filed another plethora of motions, stymieing the process again. So adoption attorneys believe that stalling is, if not right, at least effective. Their credo is "if you keep father and child separated long enough, maybe the adoption will happen."

Now courts in Ohio and many other states are starting to take the rights of biological fathers far more seriously than ever before. The narrow ruling in the Ohio case is that a biological father has one year from the time his paternity is established to file suit to stop the adoption of his child. That means that mothers can no longer hide a child or a child's paternity from a father and deprive him of his parental rights through the adoption. A father's rights can't be diminished or terminated until he knows he's the dad; once he does, he's got a year in which to act.

If you are an unmarried father faced with a contested adoption issue, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.

The United States crossed an important marital threshold in 2009, with the number of young adults who have never married surpassing, for the first time in more than a century, the number who were married, according to a recent article in the New York Times.

Among the total population 18 and older, the share of men and women who were married fell from 57 percent in 2000 to 52 percent in 2009 -- again, the lowest percentage since the government began collecting data more than 100 years ago. The share of adult women who were married fell below half, to 49.9 percent.

Two factors contribute to the decline in marriage among adults ages 25 to 34, less marriage and more cohabitation, which has become far more socially acceptable, even with children.

If you are an unmarried parent and need assistance with creating a parenting plan or need help in establishing your parental rights, please call Ocala Divorce and Family Law attorney at the Law Office of Anne E. Raduns, PA to find out how we can help. We employ a client based approach, which means that we are selective in the cases we take so that we can be available to our clients. We spend time with you to thoroughly understand the facts of your case, so that we can provide you with a comprehensive and realistic legal evaluation. Our process begins with a half-hour low-cost consultation.