Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach

“Wronged” spouses are always amazed and then shocked that here in Florida, a no-fault divorce state, the non-economic “sins” of a spouse (such as adultery) are generally not taken into account in equitable distribution, or property division.

New York state, on the other hand, remains a fault-based divorce state. The only one in fact.

But even in a state like New York, where “fault grounds” are alive and well, fault is not generally a factor in property division there either. For fault to influence equitable distribution, even in New York, the fault must be “egregious” and “shock the conscience of the court”.

What is egregious fault?

It is not deceiving your spouse into believing that a child who is the product of an affair is in fact your spouse’s child, New York’s highest court recently held. Not sufficiently shocking.

Examples of what is considered egregious fault in New York include extreme domestic violence and trying to bribe the judge presiding over the case.

So wronged Floridians should take some solace that, even in fault-based divorce, fault likely doesn’t affect the property division any more than it does here in Florida.

Read more in this Gotham Gazette article: Court Sets High Bar for ‘Egregious’.

Florida Mother and Father have four year old Son.

Mother and Father are divorcing without lawyers.

Just another uncontested divorce.

Mother moves to Utah.

Father alleges in court papers that Mother is unstable and abandoned Son.

But couple agree on a timesharing schedule where Son lives with Father during the school year and with Mother during summers.

Son arrives for summer timesharing with Mother within days of Mother and Father’s divorce being finalized.

Mother’s Boyfriend allegedly beats Son for days as Boyfriend’s wedding to Mother approaches.

Mother and Boyfriend reportedly lock Son in a bedroom and head off to their wedding.

Son dies on Sunday.

Boyfriend allegedly bashes Son’s face and teeth in with a hammer to make identification of Son’s body more difficult.

Boyfriend reportedly wraps Son’s body in plastic and buries it in a canyon in Utah.

Mother is said to have reported Son as missing.

Mother and Boyfriend are arrested on suspicion of aggravated murder, desecration of a corpse, felony child abuse and obstruction of justice.

Boyfriend has a history of criminal convictions for criminal mischief, disorderly conduct and possession of drugs.

Read more in this Seattle Times article: Formal charges expected in death of Utah boy

You’ve made it through the divorce, with the possible assistance of services promoted at a Divorce Fair.

You’ve acknowledged or celebrated the divorce, possibly with a divorce party.

Now it’s time to start the rest of your life.

Vendors who’d like to be of assistance can be found at a Divorce Marketplace, such as a free expo scheduled in Houston next month.

Products and services represented will range from:

1. cosmetic changes providers

2. health improvement providers

3. dating services

4. travel services

5. educational institutions

6. business opportunities promoters

7. child care providers

8. elder care providers

9. and more

Read more in this Out in Houston article: HOUSTON’S FIRST DIVORCE MARKETPLACE.

Prenuptial agreements (or prenups) should be as routine as wedding planning and marriage preparation.

Almost half of all marriages end in divorce.

Some divorces turn very, very nasty and very, very expensive.

A lot of that can be avoided with a sound antenuptial agreement.

If a couple is discussing incomes, bills, spending, savings, money expectations, money plans (and they should be), a prenup is just part and parcel of that conversation.

Every engaged couple should consider a prenup regardless of how little they may have today (things change), but an antenuptial agreement is especially worthwhile in the following situations:

1. when either or both future spouses own significant assets at the time of marriage

2. when either future spouse already has children from a previous relationship

3. when one future spouse has an interest in a business

4. when there is a considerable difference in the incomes of the two future spouses

5. when there is a significant age difference between the future spouses

6. when either future spouse agrees to support the other during their professional education or training

7. when it is anticipated that either spouse will inherit property

Read more in this CNBC news article: Wedding season mantra: Till prenup do us part.

Wealthy Nigerians are reportedly partial to the UK.

And so it was with one couple who eventually owned a home there, and whose five children were all born and educated there.

Six years after their marriage, Husband became an attorney and opened a successful law practice in Nigeria.

Twenty-odd years after their marriage, Husband and Wife separate.

Husband seeks and obtains a divorce in Nigeria.

The Nigerian Court awards now-elderly Wife practically nothing of the couple’s considerable marital estate.

As a result, Wife becomes homeless in the UK – and qualifies for legal aid in the UK.

Wife then sues Husband in the UK for a share of the marital assets located in the UK under an unusual UK statute directed at just such a situation as Wife’s.

The lower UK courts struggles with Husband’s jurisdictional challenges and policy concerns about relitigating matters already litigated in other jurisdictions

But the UK Supreme Court reverses, finding that Husband and Wife had strong ties to the UK throughout their marriage, which should have supported jurisdiction over their divorce under the UK’s more equitable laws.

And, consistent with the spirit of those laws, the UK’s highest court awards Wife 275,000 UK pounds.

The case is expected to capture the attention of affluent Nigerians for whom the UK is a second, if not primary, home.

Read more in this [Nigerian] Next article:UK divorce ruling sends message to rich Nigerians.

The US Department of State reminds the world that yesterday was National Missing Children’s Day, in recognition of children abducted abroad by a parent or other family member.

Thousands of children are abducted overseas by loved ones each year.

Last year, more than 2,000 children were abducted to or from the US alone. Many of them have not yet been recovered.

The Department of State is uniquely qualified to draw attention to this issue as the Central Authorty for the US designated under the Hague Convention on the Civil Aspects of International Child Abduction.

Claims by parents left behind in other countries are directed to them under the Hague Convention. And American residents whose children have been abducted out of the US also turn to them for assistance.

Read more in this US Department of State press release: National Missing Children’s Day.

Fatal domestic violence incidents, particularly murder-suicides, are becoming an epidemic, according to a representative from one central Florida shelter for domestic abuse victims.

In 2008, there were two murder-suicides in Orange County, Florida. In 2009, ten. Orange County reportedly has one of the highest rates of domestic violence in Florida.

The most recent area incident was the killing, allegedly by an ex-husband, of his ex-wife and her new husband. Twelve years after the divorce.

The couple had five children together, but there also appears to have been a history of domestic abuse.

The former husband allegedly just began shooting at the door of his ex-wife’s home one morning.

The suspected motive: the former husband had been $200,000 behind in his child support payments, so the court had awarded the former wife a rental property that was worth over $1 million. When the former wife sold the property, she collected the entire net sales proceeds.

Read more in this WDBO-AM news article: Domestic violence murders becoming an ‘epidemic’ and this WFTV 9 news article: Child Support May Be Motive For Triple Murder.

When it hits you that your marriage is not going to make it, no matter how distraught you are, it’s important to take care of business while you may still have the opportunity.

1. Ensure that you have some liquid cash flow from marital assets

2. If possible, take measures to secure your accounts, so that your partner doesn’t clean everything out

3. Make sure you will receive copies of all account statements as they are issued

4. Gather copies of important financial records ans store them in a safe place

5. Secure your personal items

6. Consult an attorney about your rights

7. Consider notifying your children’s school or daycare provider about the change in your children’s family life

8. Maintain your personal safety

9. If your partner is civilized, maintain a dialog

Read more in this Australian News article: It pays to act quickly after divorce.

First there were starter homes. Now, we have “starter marriages”.

For those not in the know, those are short first marriages.

Typically not generating children or property.

Probably generating debt.

Generally not making it to the fifth anniversary.

The problem: The couple was in love with the notion of getting married … more than each other. The “romance” was all about the wedding … an expensive wedding.

Neither planned or considered beyond the Event.

Making eventual divorce highly likely.

Read more in this [Boston] WBZ NewsRadio 1030 article: Generation X: Starter Marriages.

I previously posted in Can Family Court Preclude Either Parent From Merely Exposing Their Child to that Parent’s Religion, Even if the Other Parent Has Ultimate Decisionmaking Authority Over the Child’s Religion? about an Illinois Husband facing contempt for reportedly baptizing his Daughter and taking her to Catholic church services, despite the couple’s prior agreement and a court order requiring that the Daughter be raised in the Jewish faith and prohibiting the parents from exposing her to other religions.

Husband’s attorney filed a motion to dismiss the contempt allegation on constitutional grounds, but the Court denied that motion.

The couple’s divorce has since been finalized, with the Court ultimately ruling that Husband can take Daughter to church during his timesharing.

So is Husband off the hook for contempt?

No, Husband still faces being held in contempt for openly violating the Court’s prior order, even though that order has since been modified.

If that seems puzzling, the essence of contempt is willful disobedience of a court order.

Read more in this Chicago Breaking News Center article: Judge won’t toss contempt charge against dad who took daughter to Mass.

Wisconsin Mother and Father are divorced for six years.

They have two children together.

Father is seeking a reduction in child support.

He is also seeking timesharing and visitation with his children, something he has neither had nor sought for six years.

The children have a guardian ad litem charged with looking out for them.

The children have trust funds for their benefit.

The funds were seized from Father, in satisfaction of a civil judgment in Mother’s favor.

Father was convicted of beating her nearly to death and then leaving her for dead.

Father is in prison for the attempted murder of Mother.

Father proposes that his parents bring the children to visit him there.

Father complains that he has no income in prison with which to pay child support.

But the seized monies are being applied to that purpose.

The state of Wisconsin advises the family court that it will prosecute additional charges of harassment against Father for pursuing timesharing and the reduction of his child support.

Read more in this Racine [WI] Journal Times article: His victims, his family: Man requests visitation, lower support payments for children whose mother he tried to kill.

International child abduction.

It’s in the news more and more … and on the rise.

There were one thousand, six hundred and fifty cases of children abducted from the US just last year.

Of those, two hundred and seventy were from California alone.

California is said to be home to many couples where each partner is from a different country.

Unfortunately, even among signatory nations, the Hague Convention on the Civil Aspects of International Child Abduction is not always interpreted and applied similarly.

As a result, left behind parents can go months and years – and longer – without seeing their abducted children … regardless of what the Hague Convention says.

Read more in this KPIX CBS 5 TV news article: California Leads U.S. In Int’l Child Abductions.

New York, like Florida, does not recognize gay marriage or civil unions.

But what about annulments of them?

Gay couple (Couple) enter a civil union in Vermont.

Couple break up.

Couple file for annulment in New York state.

New York trial court dismisses the case on the ground that, since New York doesn’t recognize same sex marriages or the equivalent, its courts can’t address them.

Couple appeal.

An intermediate level appeals court reverses the trial court, holding that New York courts may annul out-of-state marriages or civil unions.

Read more in this Albany Chronicle news article: Court says NY has power to annul VT civil union.

Illinois Boyfriend and Girlfriend break up.

Boyfriend uses Facebook, the social networking website, to send Girlfriend a message containing a death threat if she persists in the breakup.

Boyfriend is arrested on the charge of electronic harassment by electronic communications.

The charge carries a sentence of up to three years’ incarceration.

Boyfriend is held for three months pending trial.

Boyfriend pleads guilty to the charge.

Boyfriend is sentenced to six months’ jail and thirty months of probation.

Boyfriend is also ordered to have no contact with Girlfriend and to undergo any counseling recommended by the probation department.

For that, Boyfriend is released for time served.

It is unclear whether the criminal court took into account that a member of Boyfriend’s family reportedly recently obtained a domestic violence restraining order of protection against him.

Read more in this Chicago Tribune article: Sentence of time served in Facebook dating threat.

In divorce cases, it can sometimes be surprisingly challenging … and expensive … to identify all of the assets (both marital property and separate, nonmarital property) the couple has.

How challenging?

Well, a Florida celebrity golfer has reportedly retained Florida attorneys for his divorce.

His Wife has also reportedly retained Florida attorneys for their divorce.

But, for the all-important task of identifying all of the couple’s substantial assets, Wife has reportedly resorted to hiring an attorney outside of Florida, who is particularly noted for his asset investigations.

In fact, that asset-tracking attorney is based in London.

And, it goes without saying, his fees are hefty.

That’s how challenging identifiying a couple’s assets (both marital property and separate, nonmarital property) can be.

Read more in this [UK] Digital Spy article: Tiger Woods’s wife hires top UK lawyer

A Canadian architect (Husband) living in the British Virgin Islands was in the process of divorcing his Wife of several years.

Husband’s divorce lawyer had reportedly told him that his divorce would be final on February 24th.

Based on that, Husband arranged to marry his pregnant Girlfriend on February 27th.

Problem is, the divorce was apparently running behind schedule.

Husband was still married to Wife when he married Girlfriend.

Rotten timing.

Husband is now charged with bigamy – and giving false information to a public servant.

Perhaps Husband should have checked in again with his divorce lawyer before taking his vows the second time around?

Read more in this Vancouver Sun article: B.C. man charged with bigamy in Caribbean.

New York may not recognize homosexual marriages or civil unions.

But New York’s highest court now recognizes a former homosexual partner’s standing to seek timesharing with a child born during the relationship.

New York surveyed the law developing in other states in carving out a narrow exception to the usual requirement of biological ties or legal adoption in order to assert custody or timesharing rights.

The legal standard to be applied will be whether it is in the child’s best interests.

New York’s Court of Appeals also now recognizes that a former homosexual partner may have an obligation to pay child support to the other parent of a child born during the relationship.

A court must determine that the paying spouse is a legal parent before it can order child support payments.

Read more in this [Boston] WBZ News Radio 1030 article: NY court backs lesbian’s right to seek visitation.

The kissing cousin of the prenuptial agreement is the cohabitation agreement.

Depending on the state where the cohabitants live, a cohabitation agreement may create rights or deny rights.

Regardless of the state, a cohabitation agreement may be made between:

1. romantic couples testing the waters prior to marriage
2. platonic couples living as roommates to share expenses and pool resources
3. gay couples in states where gays cannot legally marry or enter civil unions.

There are roughly 3.5 million cohabitants in the US.

Like prenups, a cohabitation agreement can address rights in the event of breakup or death of one party.

Unlike prenups, cohabitation agreements are governed by contract law, not family law.

It is prudent to draft them as pertaining to a business / monetary arrangement, rather than a thinly veiled prenup or postnup agreement.

Some tips:

1. be sure to cover the basics before plunging ahead to more complex matters
2. don’t contract for personal services, especially sexual services
3. each party should have their own attorney
4. disagreements should be required to be addressed in mediation before court

Read more in this Philadelphia Gay News article: Out Law: The pre-prenup.

Father is arrested for possession of illegal drugs.

Nebraska trial court orders Son taken into protective custody based on that and nothing more, concluding that Father might be tried, convicted and incarcerated.

But Father is not prosecuted.

Father appeals.

The appellate court reverses, holding that the state cannot remove a child from its parent’s custody just because the parent possesses an illegal drug, without demonstrating actual harm to the child.

The trial court ruled improperly based entirely on speculation.

Read more in this Nebraska TV ABC news article: Neb. court limits state’s power on child custody.

The threat has been repeated countless times.

“You won’t get one dime of alimony. I’ll file for bankruptcy first.” Husband.

Wife panics.

But neither alimony obligations nor child support obligations can be changed by a bankruptcy court from what family court ordered.

However, a bankruptcy attorney recommends filing a nondischargeability complaint in the bankruptcy case to ensure notice and protection of the receiving spouse’s interests.

And if there are arrearages in support, the spouse who is owed back-support is actually at the top of the heap of creditors. Back support obligations come off the top of the “bankruptcy estate” (what the bankrupt spouse has left).

Read more in this CreditCards.com advice column: Bankruptcy doesn’t absolve spousal support payments.

A Pennsylvania Judge is in hot water.

He was arrested on criminal domestic violence charges for allegedly choking and shoving his wife.

The Judge reportedly made a plea agreement under which he would enter rehab for drug and alcohol abuse and receive probation.

He is also alleged to have defrauded the family court presiding over his divorce from his first wife by representing that he could no longer afford his alimony payments when the reason is that he is purchasing another home, in Florida.

Presently, the Judge is not presiding over any cases.

The complainant and the judicial conduct board contend that there would be an appearance of impropriety.

Read more in this [Wilkes-Barre, PA] Citizens Voice article: Activist files complaint against Rehkamp and this [northeastern PA] Times Leader news article: Activist files JCB complaint against judge.

Some states send child support to the receiving parent by uploading it to a debit card.

While that system has its convenience, it is not without problems.

A New Jersey Mother got a text message indicating that her debit account was blocked. The message provided contact information to straighten things out.

Unfortunately, after calling the number – and providing personal information – Mother’s account was cleaned out.

Mother reported the fraud, but she was behind two other victims the same morning.

The FBI advises against responding to unsolicited e-mails or text messages about child support debit card accounts.

Strangely, neither the police nor the child support enforcement agency in New Jersey were aware of the child support debit card scams.

Read more in this Newark [NJ] Advocate article: Newark woman scammed out of child-support money.

Mother or Father is being deployed.

Other parent acts to modify child custody and timesharing accordingly.

Members of the armed forces oppose modifications of visitation or custody due to military service.

Congressional representatives draw the issue to the secretary of defense’s attention in the belief that a consistent national legal position should be established.

The Pentagon’s official position has been not to have a position, however, recognizing that custody and timesharing rulings should be based on what is in the best interests of the child in each case.

Nonetheless, the defense secretary agrees to give the matter consideration.

One thing is certain. This issue has not been resolved over the last several years and is not going away.

Read more in this Army Times article: Gates will review deployment, custody issues.

Celebrity couple files for divorce.

Then seems to reconcile.

Then spokespersons maintain the divorce is still happening.

Then they say it’s on hold.

At least one commentator fears that premature announcement damages the announcing party’s reputation and credibility.

One therapist recommends that the couple meet with a therapist at least five times before making any announcements.

Such premises may be valid from a public relations and therapeutic perspective.

From a legal and strategic perspective, however, too many people rush to come clean to the world … and their spouse … much sooner than they really should.

Divorce often requires thoughtful planning for safety and security, and careful execution of that plan, often over weeks and months.

Blurting your intention out prematurely, for whatever reason, often completely thwarts execution of that plan … if not the design of the plan.

Women in particular are prone to prematurely announcing and explaining their motivations, even at the expense of proper preparation for their divorce.

And later regret it.

Read more in this [Toronto] Globe and Mail article: Getting divorced? How to know when to tell people.

A Florida Mother relegated to two hours of supervised visitation weekly after alleging that their Daughters’ Father sexually abused them is drawing a fair amount of media attention.

Prior to the divorce, Mother was a stay-at-home mother and primary caregiver for Daughters.

When Daughters were approximately seven and eight years old, their school and Sunday school both are said to have reported that Daughters were acting out, speaking and drawing in a sexually explicit way.

Wealthy Father allegedly admitted to engaging in sexually inappropriate behavior with Daughters, but an expert witness reportedly characterized that behavior as “within normal limits”.

The court appointed custody evaluator (Evaluator) reportedly initially recommended that Mother be awarded primary timesharing with Daughters.

Days before trial, the Evaluator reportedly filed her report – late – in which the Evaluator reportedly did an about-face and now recommended that Father be awarded sole custody of Daughters.

The trial court apparently did not find Mother’s case persuasive and awarded Father almost one hundred percent timesharing with Daughters, limiting Mother to two hours of weekly timesharing … supervised.

It appears that Mother’s evidence and witnesses were largely excluded.

Mother appealed the trial court’s rulings.

On appeal, the intermediate appellate court reversed on one ground, because Mother was denied a continuance based on the late filing of the Evaluator’s report.

The case was remanded for a new trial, before the same judge.

The outcome at the re-trial was the same.

Read more in this Daily Kos article by Mother: Mothers Lose Custody for Reporting Sex Abuse and this intermediate level Florida appellate court opinion and this MomLogic article: Custody Feud: Fair Hearing Denied.

A thirty-seven year old Florida woman has given birth to fifteen children.

A sixteenth may be on the way.

The woman refused to say.

Even though the person asking was the judge presiding over her juvenile dependency case.

The woman is homeless and has twelve minor children returned to foster care.

The youngest child is 6 months old.

The judge held the woman in contempt of court over her refusal to answer questions about her possible pregnancy and visitors to her former home, at a status check in her case.

The woman cited privacy concerns.

The judge cited concerns about the children’s welfare, and sentenced the woman to jail.

Given the woman’s track record as a parent, the state will oppose any further efforts to reunite the woman with her children.

Read more in this Tampa Tribune article: Mother of 15 jailed for contempt.

Connecticut Husband and Wife divorce.

Husband is ordered to make lump sum alimony payments to Wife.

Husband misses payments, now totalling over $50,000.

Husband and Wife are due in family court.

Wife misses court appearance.

Wife is found, murdered.

Husband hires criminal attorney.

Husband is summoned to family court over the missed payments, now owed to Wife’s estate.

Husband is ordered to appear in court monthly to prove his efforts to make payments to Wife’s estate.

Husband has not been designated as a suspect in Wife’s murder.

Read more in this [Rocky Hill, CT] Eyewitness News TV 3 article: Jeffrey Hamburg Appears In Court.

Husband has 400 million UK pounds.

Husband goes through divorce.

Husband is ordered to pay alimony and child support.

Husband allegedly pays Wife nothing.

Husband allegedly fails to make full disclosure of his financial affairs … over three years of litigation.

Husband reportedly owes 2 million UK pounds in taxes.

Husband files for bankruptcy.

Husband now shows up in family court without attorneys to represent him.

Wife contends that Husband has cleverly hidden his assets.

Wife informs the UK Court that she is close to the end of her resources yet must pay the couple’s children’s tuition, rescue their home from foreclosure, and pay her attorney’s past due fees or risk loss of counsel.

Court defers on Wife’s pleas for assistance, but advises Wife that she may pursue these issues at trial … next month.

The silver lining for Wife may be that the bankruptcy trustee may “peel back the onion” of Husband’s financial affairs, and Wife may benefit from that investigation at no further cost to herself.

Read more in this London Evening Standard article: £400m divorce battle tycoon: I’m bankrupt and this Ireland Independent article: Property tycoon in £400m divorce battle declared bankrupt.

To what lengths will some go to avoid paying alimony?

Well, in India, not one, but two different men went so far as to deny that they had ever been married to the women seeking alimony from them.

In the first case, the former husband contended that their wedding did not conform to the requirements of the Hindu Marriage Act and therefore his former wife had not been his wife and had no standing to seek alimony.

But the trial court rejected the former husband’s contention because there was a valid marriage license and the marriage was in fact reflected in the official marriage records for the community.

In the second case, the husband apparently claimed that the wife’s prior marriage had not been legally dissolved, so they could not have been married.

But the wife proved that her divorce had been finalized before the marriage and she introduced the wedding invitations her husband had had printed. At which point the husband withdrew his asserted defense.

Read more in this Times of India article: Men deny marriages to avoid alimony.

Husband and Wife marry in the UK and have Daughter there, where they live.

After a couple of years, Husband and Wife break up.

Wife is primary residential parent but Husband has substantial visitation and timesharing.

Husband is from Libya.

During Husband’s timesharing almost three years ago, Husband allegedly abducts Daughter and flies with her to Libya.

Libya is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.

Neither Wife nor the UK could do much about the abduction.

Eventually, Wife moves to Libya to pursue legal action there.

Husband allows her little to no contact with Daughter.

Eventually, a Libyan Court grants her timesharing for two hours a week – until Husband appeals successfully.

More than two years later, Wife prevails and is able to return with Daughter to the UK.

By this time, Daughter remembers little English and they are virtual strangers to one another.

Husband will not be prosecuted for kidnapping, by Wife’s agreement.

About three hundred British children are abducted out of the UK by a parent each year.

Read more in this Fabulous: News of the World Magazine article: My husband stole my baby.