Ocala Divorce Lawyer Blog

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.

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.

The American Psychiatric Association has a hot potato on its hands as reported by the San Francisco Chronicle as the American Psychiatric Association updates its catalog of mental disorders -- whether to include parental alienation, a disputed term conveying how a child's relationship with one estranged parent can be poisoned by the other.

There's broad agreement that this sometimes occurs, usually triggered by a divorce and child-custody dispute. But there's bitter debate over whether the phenomenon should be formally classified as a mental health syndrome -- a question now before the psychiatric association as it prepares the first complete revision since 1994 of its Diagnostic and Statistical Manual of Mental Disorders.

The psychiatric association first published its manual of diagnostic disorders, known as the DSM, in 1952. The last major revision was published in 1994 and updated in 2000, and the fifth edition -- DSM-5 -- is due for publication in May 2013.

Work groups in various fields have been reviewing numerous proposals for additions to the 283 disorders in the current edition. Parental alienation remains on a list of proposals that are subject to further review, though it did not pass muster with the work group dealing with childhood and adolescent disorders.

Dr. William Bernet, a psychiatry professor at the Vanderbilt University School of Medicine, said it was "flatly ridiculous" for the APA to contend there is not enough information available to warrant including parental alienation in the DSM. He cited legal developments and new research in numerous foreign countries. His proposal defines parental alienation disorder as "a mental condition in which a child, usually one whose parents are engaged in a high conflict divorce, allies himself or herself strongly with one parent, and rejects a relationship with the other parent, without legitimate justification."

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.

There is no doubt that divorce can be emotionally challenging. But it can also be just as financially challenging in this difficult economy. A recent article from the Huffington Post provides some tips and pitfalls in divorce. Here are some things to consider:

-Get good advice. Do-it-yourself divorce kits are widely available, but even couples with few assets who part amicably still need capable representation. That may mean hiring an attorney who specializes in divorce to at least review your paperwork and make sure you haven't overlooked anything you might later regret.

-Protect your credit. To protect your credit status, close joint bank or credit card accounts and open new ones in your own name; otherwise, an economically struggling or vindictive ex-spouse could amass debt in your name and ruin your credit. Be sure all closed accounts are paid off, even if you must transfer balances to your new account and pay them off yourself. That's because late or unmade payments by either party on a joint account -- open or closed -- will damage both of your credit scores.

-Help your Attorney help you: To simplify your attorney's task (and thereby lower fees), gather copies of important financial paperwork including: tax returns; retirement account records; current pay stubs; employee benefit statements; life, health, homeowners and auto insurance policies; bank, brokerage, mortgage and credit card account statements; home deed or lease agreement; and wills, trusts and other legal documents.

Don't get caught up in the emotional turmoil of divorce and forget to protect your future financial interests.

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.

An overwhelming 73% of divorce attorneys cited an increase in prenuptial agreements during the past five years in a recent poll of American Academy of Matrimonial Lawyer (AAML) members. In addition, 52% have noted an increase in women initiating the requests, while 36% of those surveyed cited a rise in pensions and retirement benefits being included under prenuptial agreements.

"Prenuptial agreements are becoming more generally accepted as an effective way to protect assets. Interestingly, these requests are no longer just limited to a specific gender or age group," said Marlene Eskind Moses, president of the AAML. "In addition, as our society sees more people marry or remarry in their later years, there is an increasing emphasis on protecting pensions and retirement benefits if the marriage does not work out."

Overall, 73% of AAML members have cited an increase in number of prenuptial agreements during the past five years, while 27% stated no change. In addition, 52% of the respondents have noticed an increase in women requesting prenups during the past five years and 36% have seen pensions and retirement benefits being more frequently covered.

If you need assistance with your Family Law or Divorce 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.

The Florida 3rd District Court of Appeals found that prohibiting Gay Adoption was unconstitutional because the statute violates equal protection provision of article I, section 2 of Florida Constitution, and that there is no rational basis for statute . See: FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, vs. IN RE: MATTER OF ADOPTION OF X.X.G. AND N.R.G., Fla. 3rd DCA. Case No. 3D08-3044. L.T. Case No. 06-33881. Opinion filed September 22, 2010.

The entire question in the case is whether the adoption should have been denied because F.G. the prospective adoptive parent is a homosexual. Under Florida law, a homosexual person is allowed to be a foster parent. F.G. has successfully served as a foster parent for the children since 2004. However, Florida law states, "No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual." § 63.042(3), Fla. Stat. (2006). According to the judgment, "Florida is the only remaining state to expressly ban all gay adoptions without exception." Circuit Court Judge Cindy Lederman, after lengthy hearings, concluded that there is no rational basis for the statute. The District Court of Appeals agreed and affirmed the final judgment of adoption.

Under the Florida Constitution, each individual person has a right to equal protection of the laws. The constitutional provision states, in part:

SECTION 2. Basic rights. -- All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property . . . . Art. I, § 2, Fla. Const.

The District Court of Appeals opined the contradiction that gay people face when trying to adopt -- that given a total ban on adoption by homosexual persons, one might expect that this reflected a legislative judgment that homosexual persons are, as a group, unfit to be parents. Yet, no one in this case has made, or even hinted at, any such argument. To the contrary, the parties agree "that gay people and heterosexuals make equally good parents. "The qualities that make a particular applicant the optimal match for a particular child could exist in a heterosexual or gay person." Thus in this case no one attempts to justify the prohibition on homosexual adoption on any theory that homosexual persons are unfit to be parents.

Continue reading "Florida 3rd DCA Holds Prohibiting Gay Adoption Unconstitutional" »

Often times when a divorce case is newly filed and one of the parties needs some temporary financial assistance during the divorce, that person's attorney will file something called a Motion for Temporary Relief. Temporary Relief could be anything from exclusive use and possession of the home to temporary spousal or temporary child support. The most frequent temporary relief hearings are usually financial, but these hearings could also be to used to establish a temporary parenting plan.

A case came out this week from the Fourth District Court of Appeals from a non-final order that gave some guidance to trial court Judges on just how much is too much support to be paying on a temporary basis. If the Temporary support award consumes a vast majority of the paying spouse's available income, to the extent that he/she has very little money upon which to live, the court could have exceeded it's award to payee spouse.

The Court in Wilder v. Wilder, 4D10-205, 2010 WL 3418402 (Fla. Dist. Ct. App. Sept. 1, 2010) held that "temporary relief awards are among the areas where trial judges have the broadest discretion" and an appellate court will not reverse such an order in the absence of an abuse of that discretion." Robbie v. Robbie, 591 So.2d 1006, 1008 (Fla. 4th DCA 1991). It is an abuse of discretion, however, for a trial court to enter a temporary support order that "exceeds or nearly exhausts a party's income." Bolton v. Bolton, 898 So.2d 1084, 1084 (Fla. 4th DCA 2005) (reversing temporary support order that left husband with only $300 per month for own living expenses); see also Williams v. Williams, 10 So.3d 651, 652-53 (Fla. 5th DCA 2009) (reversing award of temporary child support and "in-kind" alimony that consumed ninety-seven percent of husband's monthly income). That is the case here as the husband's financial obligations under the temporary support order consume his income to the extent that he is left with little or nothing for his own reasonable living expenses.

The Court in the Wilder case found that the Husband was left with very little money after his payment of the Temporary Support. The Court reversed the trial courts order with instructions to recalculate the temporary support that was ordered.

If you are facing or thinking about divorce or have a family law matter, and want more information, please visit our website or call the office to schedule your initial consultation. 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 there a way to have a kinder, gentler divorce without much hostility and fighting? Yes! There is a movement now across the US to help couples and their children divorce without the battles typically associated with divorce. An article from the Democrat and Chronicle discussed the advantages of Collaborative Divorce.

Participants in the Collaborative Divorce process found that it was very helpful because the first priority was the children, or that it was a friendly way to things without killing each other.

Collaborative Law Divorce is a process that enables divorcing parties, each represented by counsel, to resolve the parties' differences in a non-adversarial environment. Collaborative divorce has been described by some as a softer, gentler technique for divorcing couples who need zealous legal representation, but also place a premium on avoiding litigation. Other professionals may be brought in such as a Financial Planner, Accountant, or Mental Health Professional to help the parties reach a peaceful and fair agreement that works with their family.

Judges have praised the Collaborative Divorce process commenting that, "it that teaches divorcing parents how to contain their struggles to protect their children," further endorsed the collaborative divorce process for "combining legal counseling with any other needed services, such as a mediator, financial planner, mental health professional or child specialist."

If you are facing or thinking about divorce, and want more information, please visit our website or call the office to schedule your initial consultation. 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 am often asked by a frustrated parent, can my child talk to the Judge about whether he/she wants to be with the other parent? The answer, unless the child is 15, 16 or 17 years old, is probably "no." There are some exceptions but they are few and far between.

However, whatever the reason for the for the parent's request, it is most often because the parents feel that their children should be able to speak to the Judge so that he/she will know what the child's thoughts and desires are concerning their living arrangements. The problem is that most judges typically do not want to subject the children to the litigation and testimony process unless it is an extreme situation.

There are other alternatives to having a child testify to the Judge about his/her desires. One of the best ways to get the child's "voice" heard before the court is either through a child psychologist or through a guardian ad litem. A guardian ad litem (an attorney hired to represent the child's best interests) and can testify if necessary as to what the child wishes to do and what is his/her best interest.

The single most important reason that Judges do not let the children talk about where they want to live is that Judges do not want a child to be put in a position of choosing between two parents. It is the job of the judge to determine the best interests of the child. Nevertheless, the court will let the attorney know if he/she wants to talk to the child after the attorney files the appropriate motion requesting testimony of the minor child. The Judge will either grant the motion (meaning that the child can talk to the Judge) or deny the motion (meaning that the Judge will not speak with the child).

If you are thinking about divorce or need help with your family law matter, please visit our website or call the office to schedule your initial consultation. 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.

A recent study, led by sociology doctoral candidate Christin Munsch at Cornell University, New York, suggests men who earn substantially less than their partner are more likely to have an affair.

She said that "Making less money than a female partner may threaten men's gender identity by calling into question the traditional notion of men as breadwinners."

Surprisingly, the study found that men who were completely dependent on their female partners for income were five times more likely to cheat than those who contributed equally.

Conversely, women who are dependent on their husband's salary are 75% less likely to have an affair than those who provide the majority income.

The findings support a 25-year American study of more than 25,000 marriages between 1979 and 2002, which found that women who consistently earned more money than their husbands were up to 38% more likely to divorce than others.

But factors having to do with money -- such as the man making more or less than his wife or female partner -- did increase the risk of infidelity, Munsch said. But she cautioned that "we're talking about very small numbers."

If you're a woman and "you make more money than your partner, your partner isn't 100 percent likely to cheat," she stressed.

Still, money appeared to be a significant factor.

Men who make less than their wives may lean toward infidelity because they feel a "gender identity threat," Munsch speculated.

If you are thinking about divorce or the divorce process, and want more information, please visit our website or call the office to schedule your initial consultation. 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.

According to Florida's recent legislation concerning temporary and concurrent custody of a child, effective July 1, 2010, military parents can feel that they are not losing any important parental rights knowing that the bill states:

-Parents assigned to military service on orders may designate a person to exercise time-sharing on that parent's behalf.

-Parents assigned to military service may petition for expedited hearings.

-Requires non-military parent to cooperate to resolve issues and share information regarding the child.

-Protects military parents that object to custody modifications and allows them to state their objection formally, prior to any final order being awarded.

-States that any order granting concurrent custody does not affect ability of the other parent to obtain physical custody of child at any time.

To read the general bill and/or receive additional information, please visit MyFloridaHouse.gov.

If you are in the Military, either active or reserve, and need assistance with creating a parenting plan, please call us to talk your case. Visit our website or call the office to schedule your low-cost consultation. 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.

There have been recent changes to Florida Statute §61.08, significantly affecting Florida alimony laws. This bill was signed into law over the summer and will not apply to all pending divorces.

The changes apply to all alimony awards entered on or after July 1, 2010. The updated statute cannot be used as the basis for a modification of an alimony award determined before July 1 2010. The changes bring some clarity to what has long been a very murky area of family law. The updated statute provides Judges additional guidance in making alimony award determinations and actually provide some bright-line rules. The first step is still a factual determination as to the financial status of the couple involved, focusing on the party's need for alimony and the other's party's ability to pay alimony.

Prior to the recent changes, a court had the authority to consider a number of factors as it determined whether alimony should be granted, and if so, in what amount. Those factors included:

a) The standard of living enjoyed by the couple;

b) The duration of the marriage;

c) Age and physical and mental condition of the parties;

d) The financial resources of each party;

e) Earning capacity, as well as education, skills and employability of the parties;

f) Contributions by the parties to the marriage;

g) Any other factors the court determines are relevant to an equitable alimony arrangement.

Under the new statute, there are now three additional factors for a judge to consider when making an alimony award in Florida:

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

b) 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.

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

Under the new alimony statute, marriages are divided into three categories of duration and more concrete time frames are provided for categorizing a marriage's duration. The new law lengthens the amount of time the marriage must last before permanent alimony becomes a strong claim.

a) Short-term: less than seven years of marriage;

b) Moderate: between seven and 17 years;

c) Long-term: more than 17 years of marriage.

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