While divorce is often an emotional roller coaster ride, each spouse needs to plan ahead based upon their income and expenses. This is especially true with taxes. Take alimony and child support, for instance. Alimony is, as a general rule, taxable for the spouse receiving the support and is even a deduction for the spouse that is paying it. However, child support is not taxed nor deducted.
]]> When children are involved in a divorce, each spouse may want to be able to claim the child as a deduction at tax time. However, both spouses cannot do this. As a general rule, it is the parent with physical custody of the child that gets to claim the dependency exemption. The parent who gets this benefit is generally the one with whom the child spends the most physical time. However, as a couple, you can decide upon other arrangements in the divorce settlement such as one spouse claiming the exemption in even years and the other spouse in odd years - similar to how holidays are divided among parents.If couples aren't divorced by the end of the year -- meaning that the divorce is not finalized in the court by a judge -- you may file jointly as a married couple. If the divorce has been finalized by December 31, then the parties must file separately from one another. Regardless of the matter, tax time is a time which requires significant planning among those seeking a divorce or those that finalized a divorce. It is definitely something that Florida couples should take into account and be aware of in order to minimize problems in the future.
Source: Reuters, "Tax Planning for the divorcing and newly divorced," Amy Feldman, May 4, 2012
]]>Technology has changed almost every aspect of our lives. It is not surprising that it is impacting the legal system and Family Law in pretty signficant ways as well. As times change, so do the manner in which courts will deal with family law matters such as parenting plans and time-sharing arrangements. It is estimated that three out of every four divorced parents will relocate at least once while the child is growing up placing distance between the child and the non-relocating parent. The concern is that the parent who is not relocating will lose touch with their children over a period of time because of such separations.
A partial solution to this problem has been implemented in six states including Florida and is referred to as "virtual visitation." Virtual visitation allows the either parent to have rights to communicate with their child by electronic means when the child is not with them. This allows fequent and continuing contact by technological means, such as webcam/Skype/Facetime. It's a much less expensive form of visitation than requiring a parent to get on a plane or drive hundreds of miles just to see their children.
]]> Virtual visitation obviously cannot be considered a substitute for personal face-to-face contact with the child. It still must be governed by courts, and family law attorneys will still have to work with their clients in coming up with agreements that would be acceptable to all parties involved. In some cases, webcam/skype can augment parenting time, for the periods that the child with with the other parent. It doesn't have to be an "either/or" proposition.Certain critics of virtual visitation feel that parents will use it in order to get the court to approve of relocations that otherwise would not be permitted. Whether one does or does not agree with such a criticism, courts still must keep the best interests of the child as their primary concern when formulating any type of visitation order.
It appears that technology is here to say. But, that does not mean that family law time-sharing decisions should receive any less consideration.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," by Myra Fleischer, April 15, 2012
]]>Offshore accounts are sometimes used to hide money, as are safe deposit boxes or another place where there is seemingly no public or paper record of the information. However, the source of the funds is still there, and often the funds can eventually be traced. It may take more time than what one would prefer, but in the end, the time spent uncovering those assets is well worth it, especially when considering that the spouse may be entitled to a portion of those recovered assets.
]]> Forensic experts and divorce lawyers are often able to uncover what is supposed to be hidden in a matter of minutes, thanks to new technology tactics. These tactics allow for individuals to analyze thousands of credit card bills, financial statements and other documents rapidly. A paper trail may have once been able to be hidden, but with computer technology today, everything is in a hard drive somewhere.In most Florida divorce litigation, money and marital assets cannot be hidden. With so much new technology available at our fingertips, it is almost impossible to be unable to uncover hidden assets. As long as one does not mind spending the time to investigate, the discovered assets could have a significant effect on a subsequent divorce settlement.
Source: Wall Street Journal, "Why Hiding Money From Your Spouse Has Gotten a Lot Harder," Veronica Dagher, April 30, 2012
]]>A couple's religion can often play a huge role in both marriage and naturally, divorce. If they choose to be, a husband and wife are morally obligated to adhere to the guidelines laid out for them by their religion. This can make the proceedings less flexible than in civil divorce, where both sides can negotiate and choose a solution that is best for both parties.
This crossroads of religion and divorce can best be seen in an ongoing dispute between a Muslim couple in Clearwater, Florida. The husband and wife were a part of an arranged marriage in Saudi Arabia. The couple had talked on the phone for six months before the husband finally traveled to meet her, and they married only a matter of days after. Two months after the marriage, the couple moved to Florida where the husband is now a successful Radiologist.
]]> Unhappy with her marriage, the wife is now seeking a divorce. The husband, who no doubt makes significant money as a Physician, is now saying that the woman is only entitled to $20,000 in the event of a divorce.His argument comes from the fact that the couple signed a Muslim marriage contract called a Sadaq. On this contract, the husband can also write down any gifts he would like to offer his new wife. In this case, the woman's dowry was $20,000. She had not yet received the money. The man said that's all she's entitled to.
The woman's attorney is disputing the legality of the Sadaq, saying that the couple must follow Florida law just like everyone else. Under state law, each spouse is generally entitled to receive half of the marital assets, and possibly spousal support. The woman's name is on assets like a Clearwater Beach home, bank accounts, vehicles and stocks.
Source: Bay News 9, "Islamic divorce case could have far reaching implications," Jonathan Petramala, April 19, 2012
]]>When getting divorced, especially those that do not have a good relationship, one is out to get the other and will sometimes do what it takes to make sure they get what they want. Facebook and other social media outlets may be a way for your spouse to work against you, but only if you let them.
]]> About half of all first marriages end in divorce. The reasons are endless, with most couples realizing they were too young and jumped into the water without getting their feet wet first. Since 2006, divorce cases that involve social media networking sites have increased significantly. And this will only continue to increase as technology grows around us.A divorce settlement can be jeopardized significantly with a seemingly harmless photo from last weekend's party or a "check-in" at a local club. Facebook, Twitter and other social networking sites have potential evidence that could conceivably harm or benefit your divorce case depending on the situation and what side you are on. While this may be a scary thought, it shouldn't cause you to delete your account. It just means that you should be mindful of what you are sharing and posting with others online. Just as you should think before you talk, it probably pays to think before you post.
Divorce proceedings can turn into a warlike battle when couples have difficulty agreeing with one another. Divorce was never meant to be an easy task, but Florida residents can help things go smoother. Divorce proceedings can be sped along if you have all of your facts and evidence together that you would like presented. And being mindful of what you post online can help you retrieve a more favorable settlement out of your divorce.
Source: Huffington Post, "Don't Let Social Media Sabotage Your Divorce," Bari Zell Weinberger, Esq., April 24, 2012
]]>Have you wondered what happens after you and your signficant other live together for years, co-mingle funds together, purchase assets such as cars and a house together and then split up. As a Florida Divorce Lawyer, I can tell you it is a mess. Many more people are deciding to live together instead of marrying now a days. And these arrangements have spawned an increase in so-called cohabitation agreements, basically a prenuptial agreement for the unmarried couples. These legally enforceable contracts, agreements so to speak, are becoming popular because people feel a need to protect their assets, children, and support obligations before or shortly after living with someone.
Researchers see the rise in these types of agreements as a natural extension to people putting off marriage or avoiding it altogether, in conjunction with the fact that as one gets older, they typically have the need for greater legal protection. Many cohabitation agreements are made out of necessity and are a reaction to both parties protecting themselves in case they decide to go their separate ways. Because couples that live together experience an increase in legal disputes after they decide to split, people entering into these co-habitation agreements find a need to protect themselves from future litigation over assets and liabilities.
]]> For unmarried couples, cohabitation agreements can spell out how large asset purchases, such as a house or car, will be divided in the case of a decision to part ways. Many have already seen the benefits of saving large sums of money and years of court battles. Similarly, cohabiting couples can shield one person from having to assume the other person's liabilities and debts.Determining if a cohabitation agreement is necessary is best considered at the onset of living with someone; however, late is better than never. The level of current assets and how extensive and how intertwined the finances are may also help gauge the need for a formal agreement with a partner. Florida residents living with someone to whom they are not married, or contemplating such an arrangement, might just discover that a cohabitation agreement can protect one's assets and one's future with or without one's significant other.
Source: CNN Money, "Prenups aren't just for married couples anymore," Jessica Dickler, March 20, 2012
]]>In many states, for many years it was almost second-nature for permanent alimony to be awarded in some divorce cases. With permanent alimony, the ex-spouse continues to receive alimony until death. It doesn't matter if the individual is professionally employed, has no children to take care of or is living with a new partner that can offer financial support. Proponents of alimony reform say it is even common for permanent alimony to be awarded to women in marriages of fewer than 10 years.
]]> One man, the leader of the New Jersey Alimony Reform, went to school to get his Ph.D. while his wife supported him. Then the roles reversed, and he supported her while she got her Ph.D. The marriage didn't last, and when they went to get a divorce, he was shocked to find out there wouldn't be a 50-50 division of property. Instead, he was required to pay lifetime alimony. Massachusetts recently passed an alimony reform bill, and Florida alimony reform supporters hope their state will be next.Regardless of whether or not one wants to pay alimony, it is still a relevant factor in many divorce cases. Attempts at alimony reform will likely continue in Florida and elsewhere. Those potentially affected would do well to follow the debate to understand how any proposed changes might affect their own legal rights and responsibilities.
Source: CBS Philly, "Group Wants To Reform New Jersey's Alimony Laws," Pat Loeb, April 9, 2012
]]>The 2000 Supreme Court case, Troxel v. Granville, gave parents the fundamental right to raise their children as they see fit so long, as no harm has been inflicted upon the child. This included the parents' right to deny the grandparents visitation with the grandchildren. In Florida for example, if the parents do not want the children visiting the granparents, there is no legal course of action to be taken unless the grandparents can prove that the children are in harm's way.
Since the state of the law is what it is grandparents will not always be provided the opportunity to visit a child by court order unless all parties can agree to put aside their petty differences and agree to do what is best for the child. What's in the best interest of the children should always be the number one concern of the courts, but attorneys representing the interests of the grandparents can point out the number of studies showing that involvement of grandparents in the child's life supplies a wide variety of benefits for all parties involved - most importantly the child.
Source: Huffington Post, "Constitutional Rights of Grandparents: Do We Have Any?" by Karin Kasin, March 16, 2012
]]>An article on the Huffington Post outlines eight different things that could lead to a good, solid divorce -- a divorce that doesn't become adversarial quickly. You should start your divorce thinking about how you want the divorce proceedings to go and committing yourself to that. For example, if you want a good-natured divorce, then cooperation is a key element. Start by cooperating with your spouse and continue to do so if he or she is cooperating with you.
]]> You also need to think about your future by ensuring that you understand your finances, joint and separate, while seeking the help of financial, tax and legal professionals if needed. And instead of pointing fingers, find the will within yourself to be the better person and move toward a divorce process that is in line with your goals and beliefs. You should also find emotional support among family, friends or professionals while being realistic about the entire divorce process from start to finish, possibly even considering mediation.While Ocala residents can try to put this information to use, it doesn't mean that they will see a perfect divorce. An easy divorce isn't going to happen for everyone, but there are people to help you through it. If you are filing for a divorce in Florida, it would be helpful to learn about divorce proceedings and prepare yourself as best as possible for issues that could turn up relating to asset division, alimony, child custody and child support all while considering the ingredients to an agreeable divorce.
Source: Huffington Post, "8 Secrets to a Good Divorce," Eileen Barker, April 11, 2012
]]>Making important family decisions about your finances and your children during a divorce can be confusing and frustrating. While you want to protect your own interests, you also want your life to continue without unnecessary disruption. Sometimes the parties are unable to agree not just on the big things but the little things too. There might be too much hurt nad anger to allow the parties to negotiate about issues like child support, time sharing, or even who is going to stay in the house. A temporary order may be the right solution to protect your personal and financial interests until a divorce is final.
Whether you have already filed divorce or you are just starting the process, it is important to remember that the legal process can take time, depending on the complexity of the case and the disputed issues involved. It can then take many months before the final hearing can be heard before a Judge. In the more complicated cases and under some circumstance, you could be waiting over a year for a Final Judgment (Divorce Decree) regarding custody, support or visitation.
]]> A temporary order will allow either spouse to have a court-ordered parenting-plan or financial arrangement put into place temporarly by the Judge hearing the case, so that you and your spouse can manage the day to day. The temporary orders are usually good until a final decision has been made in your case. Orders can involve, support, custody, visitation, and the payment of rent or a mortgage. If you and your spouse cannot come to an agreement, a Judge will a hearing to address these issue on a temporary basis, weighing the testimony and evidence from both sides and then make a decision.Issues that arise in a dispute over a temporary order could also impact the results in a divorce. A decision made by a judge could be an indicator of a future final decision. In any event, it is important to try to work towards an agreement with your spouse. Keep in mind that your standards of living will have to be adjusted, as your household income is being divided at the time of divorce.
Huffington Post, "Temporary Orders Apply Before Final Divorce," April 2, 2012.
]]>House Bill 565 passed the Florida House of Representatives but died on calendar in the Florida Senate. Similarly, Senate Bill 748 died in the Florida Senate Rules Committee. Finally, House Bill 549, which contained the most sweeping proposed changes to the current alimony laws, passed the Florida House of Representatives but died in the Florida Senate Judiciary. This Florida Divorce Attorney does not believe that this failed attempt will stop the movement to radically change the alimony laws in Florida.
]]> According to an article in the New York Times, alimony reform efforts appear to be sweeping the nation right now. At least three other states have passed or are considering significant alimony reform bills. And grass-roots groups to trying influence legislative changes have popped up in at least five other states.Most women are no longer finacially depend on their Husband's for support during a marriage. Both parties generally work and equally contribute to the household expenses. Times have certainly changed since most states passed their original alimony laws. Advocates for reform argue that current provisions are no longer needed, given that more women are now college educated and most women are earning an income.
State Representative Ritch Workman, who has been at the forefront of Florida's reform movement, explained that, as originally conceived, alimony "was an obligation of the ex-husband to support [his former wife] until she found another husband." He added: "I am sure that's insulting to today's women that they have to go from one husband to the next to be supported. It is not antiwoman to say that out loud."
It is hard to know what the future of alimony is in Florida. Perhaps this is also why alimony reform is back in public discussion, a mere two years after Florida lawmakers made other changes to provisions in the state's alimony laws.
Most Floridians seem to agree that our alimony laws are in need of a change and an update. But until we have a clearer picture of what modern alimony should look like, this issue is likely to remain a contentious one.
Source: New York Times, In Age of Dual Incomes, Alimony Payers Prod States to Update LawsIn Age of Dual Incomes, Alimony Payers Prod States to Update Laws," Lizette Alvarez, Mar. 4, 2012
]]>During a divorce, it is preferable to concentrate on everything that is happening, including one's finances; however, emotional ups and downs typically result in terrible financial decisions.
]]> In order to get the divorce settlement that you deserve in Florida, it is crucial to get organized. It may be hard to think of your financial future at a time like this, but if you want to achieve a fair settlement, advance preparation will likely pay dividends. Organization is a key to doing this. A person that is organized has all the figures, facts and documents ready when the court day comes. The organized spouse has been known to fare much better in the courtroom than the spouse that was not organized.In order to get organized and prepared for divorce, collect all financial documents including checking account statements, mortgages, credit cards and tax returns. Make copies of these documents and store them somewhere safe where your spouse does not have access. You should also begin to monitor your current spending and plan for your financial future in detail. And since you will be newly single, you need your own financial accounts. Not only will all of this help you feel more in control of yourself and your finances, but it will also help you fare better in divorce while allowing your divorce team to move forward quickly and efficiently.
Source: Forbes, "Why Women Who Are Organized Often Do Better in Divorce," Jeff Landers, March 27, 2012
]]>Divorce requires "financial separation, emotional separation, physical separation, and an understanding on how the future of the relationship will continue." So, it's much more complicated than signing a few papers. When children are involved, a couple's relationship, though fundamentally different, will likely continue after they are divorced. This knowledge has led couples to decide on a collaborative divorce process, which can bring a more amicable settlement.
]]> In the collaborative divorce process, your legal representation works with your spouse's attorney to reach a settlement. The intent of this process is to avoid a lengthy legal battle. Through a collaborative agreement and mediation, couples can determine what level of spousal support or child support is appropriate and develop a plan to co-parent their children. This can be a very healthy option under the right circumstances.While the goal of cooperative or collabrative divorce is to reduce the acrimony and the cost, it is simply unrealistic to think that this process will work for every divorcing couple. Some couples will end up in court to settle irresolute disputes. However, couples should know that going to court does not have to be the first option, and in some cases it shouldn't be. It's very important for couples to weigh all of their options as they reach the decision to divorce.
Collaborative divorce may be the best thing for children. A confrontational relationship between ex-spouses might place an unnecessary burden on children, so being able to resolve a divorce in a peaceable way could be helpful for children.
Though cooperative or collaborative divorces do not occur in all divorce cases, they are growing in popularity. Many see this as the most peaceable and fair way to proceed with their divorce. After all, it can save time, money and emotional stress.
Source: New Tampa Patch, "Alternatives to a Contested Divorce," Jeremy T. Simons, Feb. 13, 2012
]]>Since most states, and the federal government, don't recognize gay marriages, many same-sex couples are left with no way to officially divorce. This can leave the couple in limbo for years.
]]> Judges in Maryland are inconsistent about granting divorces for gay couples who married in another state. Lawyers in Friday's case say they believe judges have granted about a half a dozen divorces for gay couples, but their clients, Jessica Port and Virginia Anne Cowan, and at least one other couple were recently denied.There is currently a case poised to be heard by the Maryland Supreme Court that could help same-sex couples find some legal remedies when they are seeking divorce. The case heading up to Maryland's High Court involves two women married in California but seeking a divorce in Maryland. The trial court told the women in 2010 that because the State did not recognize their marriage, the Maryland court could not grant them a divorce. Maryland does not currently allow same-sex marriages, but lawyers for the women told the seven-member court that it would be unprecedented for the state not to recognize gay marriages performed elsewhere.
Six states and the District of Columbia currently permit gay couples to marry. Those states are Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. Lawmakers in Washington state have also passed a law permitting gay couples to marry, but it doesn't take effect until June and could be put on hold by a proposed voter referendum seeking to overturn the law.
With Maryland hearing a case like this, hopefully other States will follow the lead and allow those who are legally married to at the very least obtain a same-sex divorce.
When deciding how much child support a non-custodial parent should pay, a judge will typically base the support on the income of the parent. Here, Rodman was previously ordered to pay $50,000 per month to his ex-wife. That was in addition to spousal support, of which he also allegedly owes a total of $51,441. The figures were based on an estimate that he earned $30 million a year.
]]> However, Rodman disputes this. One of his representatives claims that his current income is only in the six figures, and court documents also state that his income may be only $50,000 this year. A sentencing hearing has been scheduled for May 29, although the commissioner presiding over the matter has stated that Rodman will likely have to serve only community service.Nonetheless, the case should serve as a reminder to Florida non-custodial parents that there are consequences for failing to pay child support. In any court case involving the non-payment of support, the court will consider the best interests of the child to be more significant than the parent's economic situation. As a result, many Florida parents having trouble meeting their financial obligations may benefit from seeking a court-ordered modification of the payments. That way, one can continue to pay without falling behind.
Source: Orlando Sentinel, "Dennis Rodman's sentencing delayed," Lauren Williams, March 28, 2012
]]>