Divorce in FL in Limbo after Death of Spouse

Recently, I posted about a PA divorce in limbo after the death of one of the spouses. In that case, the deceased spouse hadn’t yet signed a settlement agreement – because he was murdered first.

Now, another divorce is in limbo after the death of a spouse.

This case is right here in Palm Beach County. The death reportedly occurred in a seaplane accident involving others. And both spouses had already signed a settlement agreement.

Here, the husband is reportedly requesting that the settlement agreement be disregarded, because he was allegedly under the intoxicating influence of a number of different medications when he signed it.

According to this Palm Beach Post article, the pending divorce case bars the husband from acting as the personal representative of his wife’s estate and bringing a lawsuit in that capacity over his wife’s death in the accident. Instead, her father is doing both.

Now, the husband alleges that the couple were reconciling prior to the accident. And the woman’s father alleges that the wife definitely wanted out of the marriage and that the husband is acting out of greed.

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WI: Children’s Bill of Rights in Divorce

Even the most loving of parents can benefit from a primer on good parenting in the context of divorce.

That’s why more and more states, like Florida, require divorcing parents to attend a parenting class geared toward divorce-related topics.

The Wisconsin Supreme Court reportedly went one better. It adopted a Children’s Bill of Rights in Divorce.

Every single parent going through a divorce owes it to their kids to read this Palestine [TX] Herald-Press article.

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NM: Bigamist Does Not Automatically Lose Out in Property Division

Since bigamy is a crime, one might be tempted to conclude that a bigamist should lose out in the division of property from his or her prior, valid marriage.

But that’s not necessarily so.

Many states, like Florida, have shifted to no-fault divorce schemes.

Under such schemes, bigamy may be viewed as an example of non-economic fault, which should not normally be considered in a divorce.

And so the New Mexico Court of Appeals reasoned when it recently held that mere bigamy is no reason to deviate from New Mexico’s community property scheme requiring a 50/50 split of marital property.

Read more in this KGWN TV news article.

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Immigrant and Son Murdered After Repeated Unreported Death Threats

When domestic violence is in the background of a divorce, custody or paternity case and there is no documented history of police reports or orders of protection, the denying party will always point to that lack of documentation as though it were proof that they are not violent.

Nothing could be further from the truth.

Sadly, many aggressors escalate their violence when their victim seeks help – or tries to get out of the relationship.

Victims know that. That is what often holds them back from seeking help or leaving the aggressor.

This is true of victims from all walks of life and all socio-economic groups.

But especially vulnerable to such fears are immigrants, particularly illegal immigrants. In addition to fear of the aggressor, they fear deportation – for being a victim.

That may be why an immigrant mother and her pre-teen son were recently bludgeoned to death with a hammer.

Despite previous death threats by her husband.

With never so much as a single phone call to the police.

Read more of this sad story in this Boston Herald article.

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Divorcing Military Spouses to Get More Protection in Anticipated Changes to Statute

The US Senate Armed Services Committee has reportedly approved changes intended to update and streamline the Uniformed Services Former Spouses Protection Act .

Highlights of the proposed amendments include:

  1. eliminating the requirement that a marriage have lasted ten years for a military pension to be subject to an income deduction order
  2. passing cost of living increases on to more former spouses
  3. reducing notification requirements to the military spouse

These amendments still have to be passed by the full Congress.

Lobbyists on behalf of military spouses reportedly seek additional amendments.

Read more in this Everett (WA) Daily Herald article.

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Don’t Assume You Can’t Collect Support Just Because Your Ex is in Jail

If your ex was just sentenced to jail and you’ve resigned yourself to no child support for the duration, not so fast.

This Charlotte Observer article reports on a state government audit evaluating the Corrections Department on its alleged failure to deduct court-ordered child support from inmates’ wages.

One can’t help but wonder whether a crackdown may follow.

The moral of the story is: don’t give up, follow the proper procedure to implement income deduction – and you just might collect.

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