http://www.fladivorcelawblog.com Divorce information, advice and help on questions about rights under Florida divorce, alimony, property, child support, custody, visitation and domestic violence laws, cases, procedures and guidelines from Fort Lauderdale Broward & West Palm Beach County divorce lawyer and domestic violence attorney Janet Langjahr Sun, 13 May 2012 14:59:14 +0000 http://backend.userland.com/rss092 en Budget cuts throughout the court system. A familiar refrain in Florida. And in New York state. Floridians going through divorce may draw a small measure of consolation reading about the impact of their budget cuts on New Yorkers' divorces, if not actually personally commiserating with New Yorkers going ... http://www.fladivorcelawblog.com/2012/05/13/divorces-taking-longer-and-longer-and-costing-more-and-more-due-to-budget-cuts-in-the-courts-in-new-york-florida-and-probably-every-state/ Husband and Wife aren't getting along. Husband is kind of oblivious. Wife has pretty much made up her mind that she wants out. What to do? In years gone by, Wife might have suggested marital relationship counseling. And Husband very likely would have rejected the suggestion. Today, Wife has another ... http://www.fladivorcelawblog.com/2012/05/12/discernment-counseling-anyone-prefer-mixed-agenda-counseling-then/ Husband and Wife have Children. Husband earns a pretty good salary. Wife earns substantially less. Daycare is pretty expensive. It eats up a very substantial chunk of Wife's salary. Husband and Wife jointly decide that it just doesn't make financial sense for Wife to work to, more or ... http://www.fladivorcelawblog.com/2012/05/11/if-married-moms-cant-afford-to-work-does-divorce-or-separation-of-parents-render-working-more-affordable-or-cost-effective/ Husband and Wife have a Child. Wife works part-time and serves as Child's primary caregiver. Husband is laid off from his job. No replacement job is in sight. Husband and Wife are struggling financially. At Husband's suggestion, Wife increases her hours on her job to full-time, temporarily. Husband then suggests that he stay home ... http://www.fladivorcelawblog.com/2012/05/08/from-temporary-or-trial-arrangement-as-stay-at-home-parent-to-primary-caregiver-designated-at-trial/ Child is in kindergarten. For reasons unknown, Child is acting out - badly. Child allegedly kicks Principal ... and threatens to kill various school officials. This is not Child's first such incident at school. This time, Principal calls the police. Child is kicking and screaming when police arrive, attributing ... http://www.fladivorcelawblog.com/2012/05/06/six-year-old-arrested-at-school-and-charged-with-battery-on-principal-to-get-him-help/ Texas Husband and Wife have five Children born during their long term marriage. Wife takes the Children on vacation to Puerto Rico in June of 2009. Husband expects their return in August of that year. But then Wife advises Husband that she and the Children will remain in Puerto Rico. Husband waits ... http://www.fladivorcelawblog.com/2012/05/06/when-it-comes-to-child-custody-jurisdiction-disputes-delay-is-often-fatal/ Danger can lurk in the most unlikely of places. Just ask Ex-Girlfriend. Her Ex-Boyfriend is a deputy with our own Palm Beach County, Florida Sheriff's office. They didn't go the distance. So, come Valentine's Day, while on the job, Ex-Boyfriend allegedly detoured to Boca Raton from his Wellington patrol and: secretly ... http://www.fladivorcelawblog.com/2012/05/05/some-people-think-dating-marrying-a-law-enforcement-officer-is-the-ultimate-protection-but/ Husband and Wife are divorcing. They file their last joint tax return together. After years of filing joint tax returns. Husband's accountant always prepares the joint tax returns. And Wife always dutifully signs. Husband and Wife go their separate ways, with no further contact between them. The IRS takes a ... http://www.fladivorcelawblog.com/2012/05/04/joint-tax-returns-may-not-be-all-theyre-cracked-up-to-be/ Mother and Father have two small Children. Mother and Father both have substance abuse problems. Mississippi family court appoints Maternal Grandparents as the legal guardians of the Children. At first, the Maternal Grandparents allow the Children's Paternal Grandmother the same visitation as was originally awarded to Father by the divorce court. But ... http://www.fladivorcelawblog.com/2012/05/03/when-the-parents-are-the-last-to-know-the-family-court-just-may-lack-jurisdiction-to-rule/ Computers Keystroke Loggers Hard Drives Browsers Social Media Smart Phones Text messages GPSes GPSes Just a few of the high tech gadgets that may come into play in modern divorces, in more than one way. The ways that probably spring to mind first probably have to do with parental fitness for custody ... or marital misconduct. Because modern ... http://www.fladivorcelawblog.com/2012/04/30/technology-aids-uncovering-hidden-assets-in-divorce/ Indian Husband and Wife have Daughter together. Husband and Wife separate and file for divorce in 2004. Family court awards father visitation and timesharing based upon Husband's and Wife's agreement in 2008. The timesharing agreement is reflected in a family court order. Wife subsequently obtains an excellent job offer - for a ... http://www.fladivorcelawblog.com/2012/04/29/family-court-grants-relocation-request-by-custodial-parent/ Following on the heels of the Penn State child sexual abuse scandal, Florida has just passed the most potent legislation in the nation, called the Protection of Vulnerable Persons Act, designed to protect kids. Effective October 1st, colleges and universities, both public and private, through their administrators and employees, must report ... http://www.fladivorcelawblog.com/2012/04/28/florida-gets-tough-on-those-who-look-the-other-way-from-child-sexual-abuse/ Far more often than anyone would expect, clients come in wanting an annulment. Unfortunately, most of the time, they really don't meet Florida's fairly narrow criteria to qualify for an annulment. One criterion that most people do generally quite correctly associate with annulment is a union of very short duration. ... http://www.fladivorcelawblog.com/2012/04/28/robbing-the-cradle-results-in-annulment-years-after-the-fact/ Husband and Wife are going through a divorce after twenty-four years of marriage. In Switzerland. They are an international couple and divide their time among various locales. One of them being New York City. Since their divorce was filed in 2008, Husband buys an apartment in Central Park West. ... http://www.fladivorcelawblog.com/2012/04/22/wife-challenges-billionaires-alleged-gifts-of-expensive-real-estate-to-daughter-despite-court-ordered-freeze-on-marital-assets/ A Utah Man with a domestic violence restraining order of protection against him figures out the perfect solution to his problem. All he needs is for the Woman who obtained the domestic violence restraining order to retract her testimony against him and to request that the court dismiss the ... http://www.fladivorcelawblog.com/2012/04/21/man-under-restraining-order-of-protection-threatens-womans-life-if-she-refuses-to-cooperate-with-dismissing-the-domestic-violence-injunction/ Husband and Wife divorce. During the divorce, Husband is incarcerated and not represented by counsel. At trial, according to Husband, the family court enters a default judgment for Wife and divides Husband's separate premarital property as though it were marital. Months later, Husband seeks reconsideration by the family ... http://www.fladivorcelawblog.com/2012/04/20/when-in-divorce-court-do-as-divorce-lawyers-do-mind-your-family-law-rules-of-procedure-and-evidence/ A relationship scholar asserts that the ways that couples argue tip off as to whether their marriage will last. Engaging in four unhealthy modes of argument just may doom the marriage. Argument styles that promote breakups include: Personal criticisms Contempt or disrespect Dismissive defensiveness Stonewalling and silence Argument contents that promote breakups include: overbroad accusations such as "you ... http://www.fladivorcelawblog.com/2012/04/18/are-you-headed-for-divorce-your-arguments-spill-the-beans/ Father's brother (Leader) heads up a polygamous fundamentalist religious group (Church), which some liken to a cult. Leader not only has multiple wives, but many of them are allegedly underaged girls. For which Leader was convicted of, and imprisoned for, child sexual assault. Father's Wife and his Children ... http://www.fladivorcelawblog.com/2012/04/16/family-courts-tentatively-support-visitation-rights-of-droves-of-fathers-ex-communicated-by-fringe-church-and-permanently-banned-from-any-contact-with-their-children-and-their-childrens-mothers/ Gay Florida couple marries ... in Toronto. Because Florida does not allow or recognize gay marriage. Couple divides their time between Florida and the UK. But the UK also doesn't allow or recognize gay marriage. Unfortunately, the couple now wants to divorce. And it's proving easier said than done. Out ... http://www.fladivorcelawblog.com/2012/04/15/if-you-come-for-the-wedding-stay-for-the-divorce-or-risk-a-move-and-a-good-long-wait/ A personal finance coach points out that getting your finances under control after your divorce is part of starting over. Getting this show on the road can ease stress and impose structure. This personal finance coach suggests three different measures to achieve this: achieve financial independence of your ex develop financial boundaries ... http://www.fladivorcelawblog.com/2012/04/14/a-personal-finance-coachs-suggestions-for-financial-healing-after-divorce/ Across the nation this April, communities are promoting events to raise awareness of Child Abuse during Child Abuse Awareness Month. Awareness is the first step toward prevention. Child abuse is a community problem and the entire community must be involved in solving it. Keeping children enrolled in programs and activities tends to insulate ... http://www.fladivorcelawblog.com/2012/04/14/april-is-child-abuse-awareness-month/ This blog generally bypasses the celebrity divorce wars for a variety of reasons. But, occasionally, celebrity breakups spotlight significant legal issues worth making an exception for. One such drama focuses on a celebrity marriage that hit the skids after only seventy-two days (or just over two months). Not a ... http://www.fladivorcelawblog.com/2012/04/08/uncontested-annulment-not-so-fast/ Husband and Wife start a business. (Or, Husband starts a business during the marriage. Or Wife starts a business during the marriage.) Over time, the business becomes the couple's primary (or sole) income. Husband and Wife separate and plan to divorce. Now, what about the business? Depending on ... http://www.fladivorcelawblog.com/2012/04/07/understanding-the-fight-over-the-family-business-in-divorce/ With 2010 legislation, New York State, the last holdout, joined the ranks of states allowing for streamlined uncontested divorces (that is, not requiring the spouses to live separately for a full year under the terms of a formal separation agreement). Part of the landmark legislation provides a rigid statutory framework ... http://www.fladivorcelawblog.com/2012/04/05/no-no-fault-divorce-does-not-necessarily-mean-uncontested-divorce-not-even-close/ Romantic or not, the reality of the divorce rate makes it irresponsible not to at least consider and discuss a prenuptial agreement (prenup), or antenuptial agreement, with your fiance. The ensuing dialogue will undoubtedly be highly educational on many levels. Which may actually strengthen your relationship. Or at least ... http://www.fladivorcelawblog.com/2012/04/01/prenuptial-agreements-deserve-the-serious-consideration-of-every-engaged-couple/ The federal Violence Against Women Act, in effect in the US since 1994, will expire this year if not reauthorized by Congress. The Act has passionate advocates ... and fervent detractors. Although the Act is actually fairly broad-based in its scope of attack on domestic violence, it may be most well-known and ... http://www.fladivorcelawblog.com/2012/03/31/federal-violence-against-women-act-faces-its-own-death-or-resurrection-in-september/ Multiple Sclerosis Awareness Week was March 12th through March 18th. What does that have to do with divorce law? Child custody law? Domestic violence law? By chance, two of the candidates currently seeking the presidency are or have been married to women diagnosed with multiple sclerosis. One of the ... http://www.fladivorcelawblog.com/2012/03/25/divorce-child-custody-and-multiple-sclerosis-awareness-week/ More than a few marriages break up over money or, rather, differences in how spouses deal with money. People's relationship with and attitude towards money develops long before marriage. Which is why good communication between spouses regarding money is critical. A financial psychologist offers the following recommendations for couples struggling with ... http://www.fladivorcelawblog.com/2012/03/24/how-to-avoid-a-divorce-over-money-differences-between-couples/ Just about everyone thinks their divorce case or child custody case is an unpleasant experience to go through. And, truthfully, no matter how hard we attorneys work to insulate our clients and their children from the legal process, their divorce case or child custody case undoubtedly is unpleasant ... http://www.fladivorcelawblog.com/2012/03/24/if-you-think-your-divorce-case-or-child-custody-case-is-rough-consider-this/ Used to be that living together was the way to test drive a union with a potential marriage partner. The internet has spawned another approach. Virtual marriage. Partners in an online game enter virtual marriages by exchanging their marriage vows online as part of their game. Before their virtual friends ... http://www.fladivorcelawblog.com/2012/03/18/cybermarriages-and-cyberdivorces-wave-of-the-future/ Technology generally benefits society. But, unfortunately, new technology has equipped domestic abusers and stalkers with an extremely powerful tool ... GPS devices. Before the ubiquity of the GPS, a would-be abuser / stalker generally had to actually follow their target, or get someone else to do it for ... http://www.fladivorcelawblog.com/2012/03/17/stalking-is-now-as-easy-as-turn-slight-left-and-continue-straight-on/ A credit counselor and divorced mother shares money-life lessons gleaned from her own divorce. Perhaps just as valuable is the resulting sense of empowerment that shines through. Not all money is created equally. Generating income by your own wits and labors imparts a sense of self-worth. Debt is a gilded ... http://www.fladivorcelawblog.com/2012/03/17/lessons-about-money-for-the-newly-divorced/ Florida Woman and Lady are in nine year gay romantic relationship in Florida, not far north of Broward County and Palm Beach County. Woman and Lady both work as law enforcement officers in Florida. The couple reportedly decide to have and raise a Child together. Lady provides the egg for the birth. Woman, by ... http://www.fladivorcelawblog.com/2012/03/07/florida-courts-taking-another-look-at-parental-rights-claims-by-a-gay-woman-asserting-parental-rights-to-a-child-born-to-her-former-lover-via-surgical-implantation-of-her-egg/ Valuations. There are experts who appraise marital assets for divorce cases. And sometimes the divorcing spouses each have a by-the-seat-of-the-pants valuation of their own. And, sometimes, the valuations of the two experts or spouses, as the case may be, are dramatically different. And so it is in Husband's and Wife's divorce. ... http://www.fladivorcelawblog.com/2012/03/04/how-not-to-resolve-a-marital-property-valuation-dispute/ Mother has a Son. Mother's parents have guardianship of Son. Mother suffers from schizophrenia and is delusional. And now Mother is pregnant. Only she refuses to accept that she is pregnant. And her parents think she should have an abortion. And, at trial, the Massachusetts family court agrees with them, and ... http://www.fladivorcelawblog.com/2012/03/03/family-court-orders-pregnant-schizophrenic-to-undergo-abortion-and-sterilization-and-how-best-to-avoid-similar-court-orders/ Husband and Wife are calling it quits. But they both want to continue to be good parents. And they both want generous, regular timesharing and visitation. Sound too routine to write about? Think again. In this particular post though, the Husband and Wife under consideration aren't negotiating about their ... http://www.fladivorcelawblog.com/2012/03/03/visitation-with-family-pets-increasingly-negotiated-between-divorcing-and-splitting-couples/ The divorce rate is declining. The marriage rate is too. But one family-related statistic isn't decreasing: The percentage of all US births that are out-of-wedlock, at least those to mothers under the age of thirty (who represent two-thirds of all births). Nationwide, that percentage has climbed to a solid majority of births, ... http://www.fladivorcelawblog.com/2012/02/20/family-court-child-custody-cases-and-family-court-child-support-cases-may-come-to-surpass-family-court-divorce-cases/ Husband allegedly pushes Wife onto couch. And places his hands on her throat. Husband also allegedly pulls his hand back aiming to deliver a blow ... but doesn't. Husband is arrested on a misdemeanor domestic battery charge. Husband is summoned before a Broward County, Florida criminal domestic violence judge for ... http://www.fladivorcelawblog.com/2012/02/10/domestic-violence-charge-reduced-to-dinner-and-bowling/ It is not uncommon for either or both spouses to enter the marriage owning separate premarital property. What happens with that premarital property during their marriages varies widely from couple to couple. As to one couple, the titleholding spouse may keep the title separate, pay any loans or expenses for the property ... http://www.fladivorcelawblog.com/2012/02/06/and-what-am-i-entitled-to-in-my-divorce-from-my-spouses-premarital-property/ Here's a tip worth repeating for people who divorce relatively early in life, when retirement seems far off and is often out of mind. If you are the spouse who earned less income, you may be able to collect some more social security based on your ex's greater earnings and social ... http://www.fladivorcelawblog.com/2012/01/23/regardless-of-how-retirement-accounts-and-pensions-were-equitably-distributed-in-your-divorce-you-may-be-entitled-to-greater-social-security-benefits-based-on-your-exs-earnings-if-they-were-highe/ Divorce causes stress. But divorce often is the result of stress as well. Including external stresses. A report has recently come out ranking the largest fifty US metropolitan areas according to how stressful each is to live in. The criteria that factor into the ranking include extent of: ... http://www.fladivorcelawblog.com/2012/01/20/divorce-and-stress/ Husband and Wife want to have a baby. They resort to in vitro fertilization and freeze some of the embryos created for possible future use. Husband's and Wife's marriage breaks down. They are divorcing. What happens to their frozen embryos? Or, more precisely, which spouse gets to decide what happens to their frozen ... http://www.fladivorcelawblog.com/2012/01/17/honey-i-want-a-divorce-and-i-want-to-have-a-child-with-our-frozen-embryo/ Divorce and child custody can be particularly complex when the separating couple has a minor child with special needs. For many divorcing and separating parents of special needs children, not only are they new to the law governing divorce and child custody, but also the complex patchwork quilt of ... http://www.fladivorcelawblog.com/2012/01/07/divorce-with-a-special-needs-child/ Getting married later in life is generally more complicated. Each spouse is more likely to have kids, assets, debts and health issues. Accordingly, couples should reach agreement on the following matters before tying the knot: how will expenses be shared / paid which spouse will provide medical insurance, and how will ... http://www.fladivorcelawblog.com/2012/01/03/golden-years-marriage-planning/ Spouses divorcing in South Florida often have preconceived notions about how long it may take for their divorce to go through. Or how long it will take for their "emergency" motion to be heard by the divorce court. These notions usually bear no relation whatsoever to the reality ... http://www.fladivorcelawblog.com/2012/01/02/how-long-does-a-divorce-take-sometimes-an-indefinite-amount-of-time/