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Florida Divorce * Child Custody * Domestic Violence Law Lawyer | Boynton Beach 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, 17 Feb 2013 15:56:19 +0000 http://backend.userland.com/rss092 en Valentine’s Day: A Time for Us or … For Divorce? Struggling to decide whether you want to call it quits on your marriage? For a lot of unhappy spouses sitting on the divorce fence, the sentimental Valentine’s Day holiday may be the straw that breaks the camel’s marital back. In general, divorce filings tend to increase during the several months ... http://www.fladivorcelawblog.com/2013/02/17/valentines-day-a-time-for-us-or-for-divorce/ If You Are Disabled, You Are Not Shut Out: The Domestic Violence Courts and Family Courts May Be More Accessible Now Than Ever Before … People who are disabled often feel that they have inadequate access to the family courts and divorce legal system, as well as the domestic violence court system. Leaving them feeling vulnerable and trapped in unhappy and even abusive marriages and relationships. Without hope of escape. Too often, ... http://www.fladivorcelawblog.com/2013/02/13/if-you-are-disabled-you-are-not-shut-out-the-domestic-violence-courts-and-family-courts-may-be-more-accessible-now-than-ever-before/ Mortgage Refinancing Where An Ex-Spouse Is Receiving Child Support and/or Alimony and Spousal Support as Part or All of Their “Income” Florida Husband and Wife have a young Child together. Husband and Wife split up. Wife wishes to remain in the marital home with Child. Husband, however, wants to sell the marital home and receive his one-half of the equity in it. Right now. The compromise that ... http://www.fladivorcelawblog.com/2013/01/18/mortgage-refinancing-where-an-ex-spouse-is-receiving-child-support-andor-alimony-and-spousal-support-as-part-or-all-of-their-income/ The Violence Against Women Act Is a Casualty of the Fiscal Cliff Amidst all the issues being hotly debated down to the wire in and around our federal legislaturate at last year’s end, one that was overshadowed was the looming expiration of the Violence Against Women Act. The Senate passed an expansive reauthorizing bill last spring. But the House of Representatives rejected ... http://www.fladivorcelawblog.com/2013/01/12/the-violence-against-women-act-is-a-casualty-of-the-fiscal-cliff/ Boy Allegedly Abducted Twenty Years Ago Found Living His Life Close to His Alleged Abductors Five year old Indiana Boy is reportedly abducted. In 1994. Allegedly by his grandparents (Grandparents). Who were charged (but never apprehended and prosecuted) with custodial interference. Those charges have since been dropped. At the time of Boy’s disappearance, there was reportedly a pending family court case over ... http://www.fladivorcelawblog.com/2013/01/12/boy-allegedly-abducted-twenty-years-ago-found-living-his-life-close-to-his-alleged-abductors/ Popular New Year’s Resolutions: Lose Weight, Get Fit and … File for Divorce Every new year brings a spike in divorce filings, and this year is shaping up to be no different. There are lots of reasons, ranging from the sublime to the ridiculous, emotional to financial. People generally take more time off from work during the holidays. The extra togetherness-time with the ... http://www.fladivorcelawblog.com/2013/01/07/popular-new-years-resolutions-lose-weight-get-fit-and-file-for-divorce/ Divorce on Hold Because … S/He Won’t Move Out? Florida Husband and Wife mutually agree to divorce. Wife relocates to a neighboring state and leaves Children in Florida with Husband for several months. Wife returns to Florida. To the marital residence, in fact. No, it’s not a reconciliation. Wife plans to move to her own place in the ... http://www.fladivorcelawblog.com/2013/01/02/divorce-on-hold-because-she-wont-move-out/ College Student Obtains Stalking Restraining Order of Protection Against … Her Parents Daughter is attending college in Ohio, roughly six hundred miles away from her Parents’ Kansas home. Apparently not far enough. Daughter contends that Parents are extremely controlling and “co-dependent”. Spying on her activities on her phone and computer; traveling and dropping in on her without warning; conferring with Daughter’s academic advisor; ... http://www.fladivorcelawblog.com/2013/01/01/college-student-obtains-stalking-restraining-order-of-protection-against-her-parents/ Court-Ordered Alimony or Spousal Support Can Really Be a Bear … Especially in Italy. Just ask Italy’s seventy-six year old former three-term prime minister, Husband. Who served in that office after first establishing himself as a media mogul there. An Italian family court ordered this billionaire to shell out more than $47 million per year, or close to $4 million ... http://www.fladivorcelawblog.com/2012/12/31/court-ordered-alimony-or-spousal-support-can-really-be-a-bear/ Divorce Cliches Revisited Some cliches everyone takes for granted about divorce may not be true. Cliche: half of marriages end in divorce. While 40 to 50% of marriages do end in divorce, this number is skewed by serial divorcers, the folks who marry and divorce repeatedly. In the USA, the divorce ... http://www.fladivorcelawblog.com/2012/12/26/divorce-cliches-revisited/ Parents With Disabilities Are At Heightened Risk of Losing Custody of Their Children to Foster Care or The Other Parent More than six million children in the US (almost 10 %) have a parent who is disabled. Put another way, 26% of adults with physical disabilities, 24% of adults with psychiatric disabilities, 16% of adults with a cognitive disability, and 40% of adults with sensory impairment are parents. Across the nation, parents ... http://www.fladivorcelawblog.com/2012/11/27/parents-with-disabilities-are-at-heightened-risk-of-losing-custody-of-their-children-to-foster-care-or-the-other-parent/ Family Court Grants Divorce Because Wife Is … Ugly, and So Is Couple’s Baby Chinese Wife invests US $100,000 in cosmetic surgery to improve her appearance. Wife marries Husband, never revealing that she has had plastic surgery. Wife gets pregnant and eventually delivers a healthy baby girl (Baby). But Husband is not happy. Husband considers Baby to be ugly. Husband suspects Wife of cheating on him, to ... http://www.fladivorcelawblog.com/2012/11/06/family-court-grants-divorce-because-wife-is-ugly-and-so-is-couples-baby/ Uncontested Divorce Finalized Between Banker and Occupy Wall Street Protester Every divorce is unique. Take Florida Banker Husband and Wife. Husband and Wife have been married nearly 20 years, and they’ve had four Children together. And then the Occupy Wall Street movement strikes a chord in Wife. And Wife leaves Husband and Children behind in Florida, for New York City and ... http://www.fladivorcelawblog.com/2012/10/28/uncontested-divorce-finalized-between-banker-and-occupy-wall-street-protester/ Are Would-Be Mothers and Fathers Equal as Parents in Surrogacy Births? New Jersey Husband and Wife want children. But Wife is sterile. So Husband and Wife arrange an anonymous egg donor and a surrogate mother to carry their Baby. The surrogate mother waives her legal rights to their Baby in writing. Finally, Husband’s and Wife’s Baby is born. Arrangements are ... http://www.fladivorcelawblog.com/2012/10/27/are-would-be-mothers-and-fathers-equal-as-parents-in-surrogacy-births/ Doubts About Your Future Spouse Before the Wedding? Divorce More Likely Then A study bears out what most of us probably know intuitively. Doubts before the wedding, specifically about your intended, are an early warning system that doesn’t bode well for the success of the marriage. At best, doubts foretell unions providing less satisfaction. At worst, doubts by women foreshadow a likelihood of ... http://www.fladivorcelawblog.com/2012/10/08/doubts-about-your-future-spouse-before-the-wedding-divorce-more-likely-then/ Divorce Got You Uncertain? Lost? Overwhelmed? Then A Divorce Coach May Be The Answer Terms like “quickie divorce” can lead someone to think that divorce is quick and easy and inexpensive. And sometimes it is all three. But divorce is often complex. Emotionally, legally and/or financially. I sometimes hear from people who have been “trying” to get what they describe as an uncontested divorce ... http://www.fladivorcelawblog.com/2012/10/05/divorce-got-you-uncertain-lost-overwhelmed-then-a-divorce-coach-may-be-the-answer/ Deportation Threat to Gay Undocumented Immigrants in Relationships with American Citizens Formally Eased American Man and his gay Partner are a “couple”. Partner is currently undocumented and his presence in the US is illegal. Do Man and his Partner have anything to fear? Technically, under the letter of the law, yes. But under new enforcement policy guidelines just issued by the executive branch, practically speaking, perhaps not. The ... http://www.fladivorcelawblog.com/2012/09/29/deportation-threat-to-gay-undocumented-immigrants-in-relationships-with-american-citizens-formally-eased/ Poor Economy Hurts Kids … Severely A recently published study finds a startlingly clear correlation between (suspected) child abuse, and mortgage delinquencies and home foreclosures across the US. From 2000 through 2009, (suspected) child abuse resulting in hospital admissions climbed three percent and, more specifically, traumatic brain injury spiked by five percent per year for each one ... http://www.fladivorcelawblog.com/2012/09/27/poor-economy-hurts-kids-severely/ How to Control Valuation Expert and Financial Expert Costs in Family Law Court Cases One of the largest costs in some complex divorce law court cases is forensic accountants who provide business valuations. A study recommends five methods to control financial expert costs: Avoid continuances, request / embrace judicial case management early for expert cost savings of 11% to 25% Hire experts early to maximize their benefit Narrow ... http://www.fladivorcelawblog.com/2012/09/26/how-to-control-valuation-expert-and-financial-expert-costs-in-family-law-court-cases/ News Flash: The Legal Profession and State Courts Enter the Twenty-First Century These days, many, if not most folks are connected, technologically speaking, virtually (no pun intended) 24 x 7. Not so when I began practicing law in the dark ages of 1988. Back then, about the only piece of technology an actual lawyer was likely to lay their hands on was ... http://www.fladivorcelawblog.com/2012/09/07/news-flash-the-legal-profession-and-state-courts-enter-the-twenty-first-century/ How Not to Set Alimony and Spousal Support in High Income Cases Florida Husband and Wife divorce after a long-term marriage of more than twenty years. They have a daughter, who is a minor and a son who is a legal adult. Wife is unemployed during the marriage. Husband is a network television news anchor and earns over $1 million per ... http://www.fladivorcelawblog.com/2012/09/02/how-not-to-set-alimony-and-spousal-support-in-high-income-cases/ Police Officer Charged With Thirty Counts of Stalking a Woman He Dated On and Off Over Several Years Indiana Boyfriend and Girlfriend have on-again, off-again dating relationship over several years. Last year, however, something changes, at least with Boyfriend. While in a club, Boyfriend becomes angry with Girlfriend - and “choke holds” her and grips her arm hard enough to bruise it. Undeterred by her consistent rejection, ... http://www.fladivorcelawblog.com/2012/09/02/police-officer-charged-with-thirty-counts-of-stalking-a-woman-he-dated-on-and-off-over-several-years/ Takeaway From Recent Family Court Ruling: Check Other Parent’s Immigration Status Before Battling Over Child Custody I rarely post about celebrity divorces, but this unusual family court ruling could not be allowed to pass unnoticed … Husband and Wife and their two young Children live in California. Children are US citizens who were born and raised in the US. Wife is a successful American actress. ... http://www.fladivorcelawblog.com/2012/09/01/takeaway-from-recent-family-court-ruling-check-other-parents-immigration-status-before-battling-over-child-custody/ Questions Arise Over Whether “Pregnant Man” May Legally Divorce His Partner Husband and Wife marry in Hawaii. After moving to Arizona, Husband and Wife have three children born during their marriage. Husband files for divorce in Arizona. But the Arizona family court may not grant the couple a divorce… Because it may not recognize their marriage. Because Husband was born a woman in Hawaii. Husband ... http://www.fladivorcelawblog.com/2012/08/19/questions-arise-over-whether-pregnant-man-may-legally-divorce-his-partner/ US Supreme Court Holds That Respondents in Child Support Contempt Proceedings Are Entitled to Legal Due Process, Including Legal Representation or Alternative Procedural Safeguards, Where the Respondent Is At Risk of Confinement South Carolina Mother and Father have a child together, but then break up. Father is court-ordered to pay Mother child support. Father falls behind in his child support obligations. Mother, who is represented by counsel, mounts a contempt case to enforce Father’s child support obligations to her. At trial in family court, ... http://www.fladivorcelawblog.com/2012/08/12/us-supreme-court-holds-that-respondents-in-child-support-contempt-proceedings-are-entitled-to-legal-due-process-including-legal-representation-or-alternative-procedural-safeguards-where-the-responde/ Wannabe Sheriff is Arrested on Contempt Charges in His Contested Family Court Divorce Case Florida Husband and Wife are in the middle of what sounds like a contentious divorce. Husband is jailed for criminal contempt in connection with his divorce case … for filing in the case written attacks on the judge presiding over his family court case. Husband has also reportedly been arrested for ... http://www.fladivorcelawblog.com/2012/08/11/wannabe-sheriff-is-arrested-on-contempt-charges-in-his-contested-family-court-divorce-case/ Domestic Violence or Mercy Killing? Husband Shoots Wife of Forty-Five Years Husband and Wife, both in their 60s, have been married for 45 years. Wife develops a life-threatening medical condition. Wife is being cared for in the intensive care unit of a hospital. Husband enters Wife’s hospital room. With a gun. And shoots Wife. The next day, Wife is determined to be brain ... http://www.fladivorcelawblog.com/2012/08/06/domestic-violence-or-mercy-killing-husband-shoots-wife-of-forty-five-years/ Going Directly From a Civil Union to a Gay Marriage? Stop. Do Not Pass Go. Return to Divorce Court Immediately. Gay Husband and Friend enter a civil union in Vermont. Their relationship breaks down over time and Husband moves on. To Massachusetts, which allows same sex marriages. And Husband then marries Groom there. Four years later, that relationship breaks down and Husband files for divorce. And this is where ... http://www.fladivorcelawblog.com/2012/08/05/going-directly-from-a-civil-union-to-a-gay-marriage-stop-do-not-pass-go-return-to-divorce-court-immediately/ Finally: Beneficiary Designations of Other Spouse (Generally) Voided Upon Divorce Husband and Wife accumulate various financial accounts. Each makes their accounts payable to the other in the event of their death. Their wills designate each other as their respective primary beneficiary. Then Husband’s and Wife’s marriage suddenly falls apart. They divorce. Final judgment is entered. Husband dies. Neither had a chance to ... http://www.fladivorcelawblog.com/2012/08/04/finally-beneficiary-designations-of-other-spouse-generally-voided-upon-divorce/ Child Custody Dispute Amidst Eastern European Politics Husband and Wife hail from an Eastern European country ruled by Husband’s brother. They have a Son together, who is ten years old. Husband and Wife may have already divorced in 2009, but Wife denies it. (And Husband alleges that Wife committed bigamy during the marriage.) Husband and Wife have ... http://www.fladivorcelawblog.com/2012/07/29/child-custody-dispute-amidst-eastern-european-politics/ Financial Advisors’ Advice for Seniors in This Era Where They Face Greater Likelihood of Divorce Divorce among seniors has been on the rise. In fact, between 1990 and 2009, the divorce rate among seniors doubled. Even for seniors over 65 years old. Divorce is 2.5 times more likely in a second (or greater) marriage than in a first marriage. So these trends are ... http://www.fladivorcelawblog.com/2012/07/29/financial-advisors-advice-for-seniors-in-this-era-where-they-face-greater-likelihood-of-divorce/ The Perils of Joint Credit Joint debt forms a union that can be more powerful than marriage. So powerful that not even a legal divorce can dissolve it. Yet it is faster and easier to enter than a marriage. With joint debt, you are responsible to the creditor - even if you get divorced from the ... http://www.fladivorcelawblog.com/2012/07/28/the-perils-of-joint-credit/ Child Custody and Timesharing Where A Parent Practices an Unorthodox Religion A celebrity divorce in which one parent practices an unconventional religion has recently focused public attention on the role religion may play in family court cases determining child custody and visitation. Modern America (including Florida) is religiously diverse, and more than a few religions are well-represented among parents. Parents’ religious affiliations and ... http://www.fladivorcelawblog.com/2012/07/28/child-custody-and-timesharing-where-a-parent-practices-an-unorthodox-religion/ Proposed Legislation Would Permit a Child to Have More Than Two Legal Parents There’s an expression that it takes a village to raise a child. Now, a state legislator wants to move a step closer to legislating that concept. His proposed California legislation would eliminate the statutory limit of two legal parents per child. In fact, do away with any maximum number ... http://www.fladivorcelawblog.com/2012/07/16/proposed-legislation-would-permit-a-child-to-have-more-than-two-legal-parents/ American Mother’s Child Support Obligation Upheld for Adopted Russian Boy She Shipped Back to Russia Tennesse Mother adopts Russian Son. By the age of seven, Son is allegedly violent and threatening. Mother packs Son up and puts him on a plane back to Russia. Son may be out of sight, but he isn’t out of Mother’s mind. Son is now living in a group home in the Moscow area. This ... http://www.fladivorcelawblog.com/2012/07/14/american-mothers-child-support-obligation-upheld-for-adopted-russian-boy-she-shipped-back-to-russia/ Study Examines Why Low Income Couples Are Less Likely to Marry and More Likely to Divorce Despite statistics bearing out that lower income people marry less frequently and divorce more frequently, a new study finds that lower income people place the same value on marriage as higher income people - and hold divorce in less favor than higher income people. Further, lower income people have greater appreciation ... http://www.fladivorcelawblog.com/2012/07/10/study-examines-why-low-income-couples-are-less-likely-to-marry-and-more-likely-to-divorce/ Florida Business Valuation: Neither Coin Tosses Nor Splitting the Difference Allowed Valuing a marital business, most typically a closely held business with no third party ownership interests, is almost always a difficult affair. There are several different methods of valuation used by forensic accountants and other business valuation professionals. And they can produce wildly different results. And none may strike ... http://www.fladivorcelawblog.com/2012/07/09/florida-business-valuation-neither-coin-tosses-nor-splitting-the-difference-allowed/ Attorney Charged with Murdering Girlfriend and Violating Domestic Violence Restraining Order of Protection Boyfriend and Girlfriend meet at a university sporting event. Their relationship evolves and they move in together. Fast forward. Girlfriend presses criminal assault and harassment charges against Boyfriend. Boyfriend allegedly makes a threatening phone call to Girlfriend … while she is at the police station, ... http://www.fladivorcelawblog.com/2012/07/06/attorney-charged-with-murdering-girlfriend-and-violating-domestic-violence-restraining-order-of-protection/ Passenger Secretly Films Public Transit Riders and Then Posts The Videos on the Internet, All Without Fear of Criminal Prosecution New York City Woman rides subway. (But it could just as readily be a bus in any city.) Fellow Passenger admires Woman. Actually, he does a little bit more than that. Passenger carries his coffee cup with him. But instead of coffee in his cup, Passenger has hidden a ... http://www.fladivorcelawblog.com/2012/07/04/passenger-secretly-films-public-transit-riders-and-then-posts-the-videos-on-the-internet-all-without-fear-of-criminal-prosecution/ Ex-Boyfriend and Girlfriend in Lawsuit Over Ex-Boyfriend’s Dog … Well, Dog’s Popular Website Technically, this is not a family court case. But it’s pushing the envelope right on the edge. Boyfriend has Dog. A really cute little dog. Boyfriend and Dog take up residency with Girlfriend. Boyfriend and Girlfriend make videos of Dog visiting New York City tourist attractions. They post ... http://www.fladivorcelawblog.com/2012/07/03/ex-boyfriend-and-girlfriend-in-lawsuit-over-ex-boyfriends-dog-well-dogs-popular-website/ Divorced and Getting On in Years? Don’t Overlook Your Ex’s Social Security Benefits Where either spouse has a pension or retirement savings, they are not likely overlooked in a divorce. What is often overlooked by and for younger couples are social security retirement benefits. But what may have seemed irrelevant or unimportant then, could be relevant and significant now. Divorce does not terminate a ... http://www.fladivorcelawblog.com/2012/07/02/divorced-and-getting-on-in-years-dont-overlook-your-exs-social-security-benefits/ Florida Divorce * Child Custody * Domestic Violence Law is Back Online We are happy to say that the Florida Divorce * Child Custody * Domestic Violence Law blog is back up and running again. We experienced some unprecedented technical difficulties in the last several days. We apologize for any inconvenience and thank you for your patience. http://www.fladivorcelawblog.com/2012/07/02/florida-divorce-child-custody-domestic-violence-law-is-back-online/ Ex-Husband Seeks to Modify Property Division in Divorce, Alleging That Ex-Wife Hid Valuable Marital Assets: Shoes … 1,200 Pairs of High End Designer Wear One of the fundamental requirements in modern divorce law is full disclosure, at least here in Florida. Still, it is reasonable and prudent for a spouse anticipating or going through a divorce to be alert and to have their eyes (and ears) wide open, rather than relying on the prospect ... http://www.fladivorcelawblog.com/2012/06/23/ex-husband-seeks-to-modify-property-division-in-divorce-alleging-that-ex-wife-hid-valuable-marital-assets-shoes-1200-pairs-of-high-end-designer-wear/ Posthumously Conceived Florida Children Denied Social Security Survivors’ Benefits Florida Husband and Wife marry. Shortly afterward, Husband is diagnosed with cancer. Chemotherapy being part of Husband’s treatment, Husband deposits some semen with a sperm bank. Husband and Wife also have a child the old-fashioned way. Husband’s will designates as his beneficiaries his two children from a previous marriage and the child ... http://www.fladivorcelawblog.com/2012/06/10/posthumously-conceived-florida-children-denied-social-security-survivors-benefits/ Older Girlfriend Charged With Manslaughter for Allegedly Hitting and Killing Teenaged Boyfriend with Her Car … and Leaving Scene, After Boyfriend Reportedly Broke Her iPhone Boyfriend and Girlfriend have been dating for about a year. Boyfriend is seventeen and in high school. Girlfriend is twenty-five. Boyfriend allegedly abuses Girlfriend. Girlfriend has an iPhone. The iPhone is broken when Boyfriend drops it. Girlfriend is allegedly enraged. Boyfriend reportedly walks into the path of Girlfriend’s car. Girlfriend allegedly hits ... http://www.fladivorcelawblog.com/2012/06/09/older-girlfriend-charged-with-manslaughter-for-allegedly-hitting-and-killing-teenaged-boyfriend-with-her-car-and-leaving-scene-after-boyfriend-reportedly-broke-her-iphone/