Divorce for the Older Generation is on the Climb

ring-158256_960_720

It used to be that the longer the couple was together, the longer the marriage would last, but as of late this isn’t proving to be true. The baby boomer generation, now well over 50, is bending the rules. More and more of the baby boomer generation are seeking out divorces as they age.

Interestingly enough, the same trend isn’t occurring with the younger population. According to the National Center for Family and Marriage research, those individuals under the age of 35 are seeing a massive decline in divorce. Over the past 20 years the rate for divorce amongst those over the age of 50 hasn’t just doubled; it has tripled.

How Divorce Late in Life Affects Adult Children

The separation of the union doesn’t just affect the couple that engages in the divide, the children these individuals have are greatly affected as well. The general presumption is usually that since the kids are adults, they shouldn’t be nearly as affected as younger, more vulnerable children. After all, they have developed their own lives and have their own families by now. Regardless of these presuppositions, such is not the case.

Millennials, having grown up with the family dynamic, experience a good degree of shock in finding out their parents have suddenly split up. Their family traditions are lost, the way they interact with their parents is now different, and everything they’ve known for years disappears before them. Most children of “gray-divorces” initially support their parents’ right to be happy, but quickly begin to realize the life they knew has dissipated and become bereft. To their parents, however, remaining in an unhappy marriage after being empty nesters makes very little sense at all and are quite content with breaking ties regardless of their age.

Why Divorce Isn’t as Common for Those Under 35

Even though the divorce rate is rising for those individuals over the age of 50, those under the age of 35 are experiencing a rapid decline. Research is suggesting that this is due to the fact that millennials have put off marrying altogether. Without the act of marriage there cannot be the act of divorce, therefore their numbers for amount of individuals divorcing one another would be much lower.

The experience of divorce has a different effect on all parties involved. Although older individuals rarely have to deal with issues of child support in the matter, assets and alimony do still play a large roll. If you know someone who’s filing for a divorce in Miami, or if you feel you need to take the step yourself, contact us.

Source:

Saggio, J. (2016). ‘Gray divorce’ affects millennials as parents split. Retrieved July 25, 2016, from http://www.floridatoday.com/story/news/2016/07/01/gray-divorce-affects-millennials-parents-split/85602708/

The Rise of Post-Nuptial Agreements

Years ago the huge marital head-turner was the prenuptial agreement. Now couples that have already declared their vows are contacting lawyers to have their finances drawn out. Couples who may have spent years with one another, had a couple of kids, and are now seeking to part ways may find the act of a post-nuptial agreement quite helpful.

Instead of fighting over the distribution of finances or concerning yourself with which one of you gets to keep Rover, enter into a legal agreement. A post-nuptial agreement can sometimes dictate a resolution to unresolved issues within a marriage. It can’t solve any type of dramatic conflict that exists between the couple, but are commonly sought by couples that want to avoid divorce. Though the framework of a post-nuptial is geared towards couples that may foresee a future divorce, it has also served to mend broken relationships.

It is advised to have three family law lawyers in the event of a post-nuptial agreement; one for the husband and wife and the additional lawyer to ensure the terms are in each of their best interests.

Florida Post-Nuptials: What to Expect

State of Florida post-nuptial laws can be difficult to navigate as they contain a variety of sections and marital circumstances. The purpose behind a post-nuptial agreement is to protect certain personal assets in the event of a divorce (much like a pre-nuptial agreement), however, as the name suggests, the agreement occurs after marriage. Post-nuptial’s also take into account any future earnings or inheritance each spouse would acquire.

As shared by USALegal.com, when the agreement is made after the marriage each spouse must honor the disclosure for the estates. However, what does this statement actually mean and how is each party affected?

If you believe a post-nuptial agreement is the right step for you, or know someone seeking financial protection within his or her marriage, contact us.

Sources:

CNN. Cable News Network, n.d. Web. 29 June 2016.

“Florida Postnuptial Agreement Law.” Marriage Florida Postnuptial Agreement Law Comments. N.p., n.d. Web. 29 June 2016.

“Understanding Pre and Post Nuptial Agreements in Florida.” Miami Criminal Law Blog Atom. N.p., n.d. Web. 29 June 2016.

“Postnuptial Agreement Can Cause Problems Contract With Spouse Has A Variety Of Uses.” Tribunedigital-orlandosentinel. N.p., 1988. Web. 29 June 2016.

 

What you need to know about post-divorce debt

Most states view debts, as well as assets, acquired during a marriage as shared property, and they are divided similarly. If possible, you and your ex-spouse may be better served by dividing the debts up, with each different debt assigned to a single person.  If you can’t agree, a judge will do so.

While the responsibility of debts between divorcing parties is clearly defined by the courts, creditors don’t see it the same way.  Your credit can be damaged if it is still tied to your ex-spouse’s.  These steps can help you protect your credit after a divorce:

  • Alert all creditors that any debts belonging to you be put in your name only
  • Close all shared accounts, including credit cards
  • Refinance shared loans, including auto and home loans, to a single creditor
  • Monitor your credit report closely
  • Make all loan payments on time, and minimize new credit attempts

Failure to fully separate your debts from an ex-spouse can have far-reaching impact on your credit report. If they fail to pay off credit cards or default on a loan, you can be impacted if you haven’t fully extricated yourself from them financially.

If it does occur that your ex-spouse’s failure to pay their share of debts has impacted your financial standing, you can file a dispute with the credit bureau. The court can also compel them to pay.  If they are found in contempt, you can also request compensation for attorney’s fees.

Financial matters related to divorce are complicated and can have far-reaching impacts. Make certain you have a family law attorney to protect your best interests. In Florida, assets you and your spouse own will be divided equitably, but not necessarily in a 50-50 split. Attorney Russell Spatz gives clients comprehensive guidance about how to approach the division of their assets. He will listen to your concerns and provide honest advice about the best options available to you. You can rest assured knowing he will never keep you in the dark about the progress of your case.

Source:

Niemeyer, Brooke. “Why Your Ex Is Still on Your Credit Report.” USA Today. Gannett, 29 May 2016. Web. 31 May 2016.

Governor Rick Scott Vetoes Alimony Reform Bill

For the second time in three years, Florida Governor Rick Scott vetoed an alimony reform bill passed by the House and Senate. The reason for the veto was due mainly to a controversial child custody component in the bill.

Alimony overhaul on pause

The bill would have altered the alimony system by establishing a formula for alimony payments which would weigh the length of the marriage and the combined income of both spouses.  It also would have eliminated permanent alimony, and limited the duration of alimony to a percentage of the length of the marriage.

Scott says equal time for parents isn’t best for kids

The bill failed to pass due to a proposed child-sharing amendment.  The change to the law would have established the premise that children should spend equal amounts of time with each parent, instead of one parent having primary custody.

Scott vetoed the bill on the grounds that the child sharing concept put the desires of parents over the needs of children. Marie Gonzalez, Family Law Section Chairwoman and supporter of the veto, said that if the amendment were to have become law it would have caused more litigation. She praised the veto saying, “So when mom and dad come in front of the judge the best thing they can have is a clean slate and have a judge consider the uniqueness of the family, and also the needs of the particular family and come up and craft a good parenting plan, a good time-sharing schedule that works best for that family.”

Child custody issues to be removed from next version of the bill

Advocates for alimony reform are disappointed, and some say they will attempt to keep any child custody issue out of the next version of an alimony reform bill. In an interview with the Palm Beach Post, Family Law Reform founder Alan Frishner said, “We still believe, as an organization, child sharing is important. We just don’t want it to hurt our chances for alimony reform, which is what happened this session.”

Family law issues stemming from divorce such as child custody and alimony are complex questions. An experienced attorney can help you reach a resolution that is best for you and your loved ones.

Sources:

Scott vetoes overhaul of Florida alimony, child custody laws. (2016, April 15). Retrieved April 26, 2016, from http://www.palmbeachpost.com/news/news/state-regional-govt-politics/scott-scuttles-florida-alimony-overhaul-citing-chi/nq6Mh/

Dunkelberger, L. (2016, April 15). Scott vetoes alimony overhaul, again. Retrieved April 26, 2016, from http://politics.heraldtribune.com/2016/04/15/scott-vetoes-alimony-overhaul-again/

3 Things to Know About Florida Child Custody Law

for spatz family.jpg

Divorce is difficult for all parties, but particularly on children. In Florida, the legal system is structured with the intent to look out for the best interests of the child in divorce and custody agreements. Upon that basis, decisions are made about where a child lives, who makes decisions for the child’s welfare, who pays for their needs, and so forth. A few of the main concepts of Florida divorce law are explained below.

  1. Determining what’s in the best interest of the child

In Florida law, it is assumed that it is in the best interest of the child to have contact with both parents, with both parties involved in parental decisions. When determining best interest, the courts take into consideration issues of health and safety, emotional development, and environment. Of course evidence of violence, abandonment, or neglect can prevent a parent of being granted custody, but the court also considers the ability of each parent to provide for their child’s emotional, developmental and material needs.

  1. Understanding the types of custody

Legal custody refers to parental right to make decisions for the minor – such as schooling, medical care, and religious teaching. Physical custody refers to the residence of the child. It is considered in the best interest of the child if both parents make legal decisions on their behalf, though that isn’t always possible. Sole custody is when the child lives with one parent, and in joint custody, a child lives with both parents. The division of time between the two homes varies widely, depending on such factors as the child’s school and the parents work and travel commitments.

  1. Child support

Child support is determined by the courts based on the parents’ joint income as well as the needs of the child. If one parent has a significant change of income or the child’s living expenses suddenly rise (such as for a health issue or a change in education expenses) child support may be adjusted. A multitude of factors are taking into consideration for child support. The state of Florida has a calculator that helps to determine what the child support share should be, but there are many variables in this formula.

Regardless of your situation, the services of a family law attorney well-versed in Florida child custody and divorce law is essential. A family lawyer can make sure you understand your legal rights and responsibilities as a parent so that you can make the best decision for your child(ren).

Sources:

The Basics of Florida Child Custody Law. (n.d.). Retrieved March 28, 2016, from http://www.attorneys.com/child-custody/florida/florida-child-custody-law-basics/

Bishop, S. (n.d.). Child Custody in Florida: Best Interests of the Child | DivorceNet.com. Retrieved March 28, 2016, from http://www.divorcenet.com/resources/child-custody/child-custody-florida-best-interests-child.htm#b

Florida House and Senate Divided Over Alimony and Child Custody

hand-83079_1280

This week, the Florida Senate passed a bill which makes a significant statement about child custody. The measure establishes 50-50 custody, or child-sharing, as the standard for custody agreements. As the bill moves to the House, however, it is likely to be met with opposition, as House leaders are attempting to pass an alimony bill which does not have a child-sharing proviso. House leaders intent on changing alimony laws are resisting any additions to that goal.

Senate establishes child time-sharing as the norm

The Senate’s bill establishes a legal norm where child-custody begins with the assumption of equally shared child care. From that 50-50 baseline, 22 different factors may be considered to find the solution in the best interests of the child. Nine other states and the District of Columbia have similar laws, which signifying societal shifts in wage earning parents and the duties of child-rearing. The new precedent will certainly have significant impact on how divorced couples co-parent.

House focused on alimony reform

The House is more focused on an alimony reform bill, which does not include the child-sharing language. Both the House and Senate have put forth alimony bills to eliminate the various forms of alimony that currently make up Florida law, including bridge-the-gap, durational, rehabilitative, and permanent alimony. Instead, alimony would be distilled into one type, called post-dissolution, which would be rewarded on an established scale linked to years of marriage. If the House measure passes, those seeking alimony in Florida may receive a smaller allocation for a shorter period of time than they may have received in previous years.

Members of the House who have been working towards alimony reform for years say that it hasn’t passed before because of add-ons to the bills. Therefore, they oppose the child custody addition on the grounds it could hamper the alimony from passing as a stand-alone issue.

Alimony and child custody laws are complex and change frequently. Trust only an attorney experienced in Florida family law to represent you in such cases.

 

Sources:

Dunkelberger, L. (2016, February 18). Child-sharing may derail alimony bill. Retrieved February 24, 2016, from http://politics.heraldtribune.com/2016/02/18/child-sharing-may-derail-alimony-bill/

Dunkelberger, L. (2016, February 23). Fla. Senate OKs bill on child time-sharing in divorces. Retrieved February 24, 2016, from http://www.theledger.com/article/20160223/NEWS/160229780/1374?Title=Fla-Senate-OKs-bill-on-child-time-sharing-in-divorces

Kam, D. (2016, February 18). House, Senate alimony divide emerges on child time-sharing. Retrieved February 24, 2016 from http://www.dailybusinessreview.com/id=1202749898159/House-Senate-Alimony-Divide-Emerges-on-Child-TimeSharing?mcode=0&curindex=0&curpage=2&slreturn=20160124202126

5 Things to Know Before Filing for Divorce in Florida

Filing for divorce is a difficult process for most. Knowing what to expect, and having the trusted guidance of an attorney throughout the proceedings can make it a little less painful. Here are a few key things you should know before filing for divorce in Florida:

  1. Where to file: Each local circuit court has a Family Department. One spouse can file a “Petition for the Dissolution of a Marriage.” The other spouse will be served papers and then they may respond.
  2. Average length of process – Depending on the type of proceeding, a divorce can take anywhere from four months to years. An uncontested divorce—where the parties involved have no dependents and agree to the divorce and division of their assets—can be completed in four months. Initially contested cases, in which one party disputes either the divorce or its terms, are generally resolved in mediation prior to a final hearing. These take about six months, sometimes more. Contested cases take the longest, as they typically end up in court. In these cases, a year or more is not uncommon.
  3. Alimony – A court may order alimony depending on how long a couple was married, what their standard of living was, and the age and health of each spouse. Alimony can be short or long term, and may be awarded to allow one spouse an adjustment period, such as in the instance where education or retraining expenses which may be required by a spouse who did not work outside the home during the marriage. Durational or permanent alimony can be awarded, particularly for longer marriages.
  4. Assets – Assets and debts acquired over the length of the marriage are to be divided fairly between the divorcing parties. These are “marital assets.” “Non-marital assets” include whatever the couple entered into the marriage with. Each party is entitled to keep their non-marital assets, as long as they were not used to acquire marital assets (such as shared property).It is important to have all documentation – tax returns, bank statements, mortgage information, and any other significant financial information when filing
  5. Custody and Child Support – In Florida, the term “custody” is no longer used in courts. Instead, the concept is referred to as “timesharing.” When it comes to timesharing, if you and your ex-spouse cannot come to an agreement, the court will make a ruling based on what it determines the “best interest” of the child or children. Unless there is a reason one party is incapable of caring for the children, timesharing is generally divided up as a shared responsibility. Factors taken into account are each individual’s fitness as parents, preferences of the child, and ability to provide for the child. As for child support, it is determined upon a variety of factors. Florida’s standard needs table assesses child support amounts based on the child’s age, health, and child care costs. Judges use those guidelines to determine how much each parent is obligated to pay.

In a perfect world, divorce would be swift and painless. In reality, it can be a trying time. An well-versed family law attorney can provide practical levity at a time when their clients may be inclined to emotional decision-making.

Sources:

10 Things to Know About Divorce for Florida Residents, www.attorneys.com

Getting a Divorce in Florida, www.divorcenet.com, Lina Guillen

How Long Does a Divorce Take in Florida?, myfloridalaw.com

Legal Separations for Older Americans Skyrocket

Legal separations for those over 50 have doubled since 1990 in the US, and have tripled for those over 65. This phenomenon can’t be set down to one common denominator, but researches point to a variety of factors that could be contributing to the surge in divorce rates in the higher age brackets. “Gray divorce,” as it’s been coined, can be attributed to these issues:

  • Empty nesters – As children grow up and have their own lives and families, some couples who have stayed together for the sake of the children may decide that they no longer have to maintain the image of a happy relationship for the sake of their children.
  • Stresses of second marriages – Older people are more likely to be in second marriages. These unions often carry the emotional and financial challenges of blended families.
  • Longer life expectancy – As people live longer, 50 or 60 year olds still have many fruitful years ahead of them. The idea of spending 20 or 30 more years in an unsatisfying marriage, even if it isn’t a harmful or even a truly unhappy one can cause a partner to seek separation or divorce.
  • Less stigma to divorce – Many Americans are less adherent to their church’s teachings on divorce, and the social stigma against separation has diminished greatly.
  • Changing role of women – More women have their own incomes, and so are less fearful of the financial insecurity of divorce. As women’s roles have evolved over the years, many have different opinions about division of labor than their partners.

Whatever the reason for a late in life separation or divorce, there are many legal issues to deal with in a lengthy union. An experienced family law attorney will protect your financial and property interests if you find yourself in a “gray divorce” situation.

Sources:

Over 50s fuel US divorce revolution: Record number older couples break up with a quarter now splitting later in life, www.dailymail.co.uk, Jennifer Newton, 3 Nov 2015

After Full Lives Together, More Older Couples Are Divorcing, www.nytimes.com, Abby Ellin 30 Oct

Attorney Representing Self in Divorce Court Proceedings Sanctioned

Anthony Zappin, an attorney in New York who has been handling his own divorce case, has been sanctioned $10,000 for his repeated acts of misconduct. Justice Matthew Cooper of Manhattan delivered the verdict, saying that Zappin’s actions were a misuse of his law license.

Zappin is involved in an acrimonious divorce with fellow intellectual property attorney Claire Comfort. The proceedings include child custody disputes over the couple’s 2-year-old child. Zappin has been representing himself in the proceedings, and has challenged the authority of judges and sought to undermine the custody case by attempting to disqualify Harriet Cohen, the attorney appointed by the court to look after the best interests of the child.

Zappin was sanctioned as a result of ongoing misconduct, including:

  • Attempting to halt child custody proceedings by claiming to have relocated to two different states and discontinuing the divorce proceedings mid-trial
  • Trying to disqualify the attorney appointed by the court to protect the child’s interests and to discredit the psychiatrist hired to evaluate his child
  • Inundating Southern New York, District of Columbia, and Federal Courts with actions suing the defendant and her family, and filing appellate motions against the judges involved
  • Ignoring the authority of the court, including frequent verbal and written insults to judges during court proceedings

Cohen, the attorney in charge of protecting the child’s interests, and Claire Comfort, Zappin’s wife, also an attorney, made multiple requests for sanctions prior to Justice Cooper’s decision. Zappin was ordered to pay half of the $10,000 sanction imposed to Cohen, and half to the Lawyers’ Fund for Client Protection.

Zappin vowed to appeal.

Matters of family law involve complicated legal concerns and the parties involved often are often driven to make emotional rather than rational decisions. A seasoned attorney will represent the best interests of their client and make sure that family issues and material assets are protected under the law.

 

Source:

Attorney Sanctioned for Actions in Handling His Own Divorce, http://www.newyorklawjournal.com, ben Bedell, 22 Sept 2015

Florida Supreme Court Rules on Right to Effective Counsel in Custody Proceedings

This summer, the Florida Supreme Court looked at the issue of effective legal counsel for parents who are facing the termination of their parental rights. The case, J.B., etc. v. Florida Department of Children and Families, concerned a mother who had left her young child in the care of strangers between the homeless shelter and crack house she lived in.

During the case, the mother’s lawyer complained of being tired and overworked, and showed a lack of willingness to the judge to locate relevant statutes to the case. The woman ultimately lost custody.

The Florida Supreme Court considered parental rights to effective counsel in termination of parental custody proceedings. They decided that parents do have a constitutional right to effective counsel and can appeal on those grounds. The court established standards for determining when counsel had been ineffective, and created a temporary process for evaluating such claims until permanent procedures could be established.

The main concern of judges that questioned the ruling was that the appeals process could further endanger a child in a dangerous or unfit living situation, as well as delay their placement with a more suitable family member or adoptive family. Appeals processes can take up to 45 days.

Because of the decision, the woman who lost custody of her 4-year old was granted new counsel. The Supreme Court upheld the original decision by the district court to revoke custody.

Legal representation in family law matters is of utmost importance to ensure the safety and well-being of children involved and fair assessment of parental fitness. Finding the right lawyer should be a top priority.

Source:

Parents have a right to effective assistance of counsel in TPR cases, www.floridabar.org, Jan Pudlow, 1 Aug 2015

Follow

Get every new post delivered to your Inbox.