June 11, 2010

Florida Divorce - The Realistic Settlement

sign contract.jpgHigh-profile divorce settlements make the news all the time. People love to read about other people's unhappiness and the juicy details of a failed marriage and an astronomical price tag make popular stories. However, if you're going through a divorce, you must separate what you read in the news from your own situation. Be realistic about your divorce settlement; just because some celebrity got several million in a divorce doesn't mean you'll be set for life when you divorce your spouse.

Talk to a divorce lawyer about what you can expect.

Divorce lawyers know the law. They can look at your relationship, any documentation you might have signed like a pre-nup or a post-nup and weigh the factors to determine approximately what you can expect.

Don't look for a lawyer to give you a hard number on an initial consultation; negotiating a settlement is exactly that - a negotiation. A divorce settlement depends on a number of factors that may not be clear in the beginning, so any information a divorce lawyer gives you about potential settlement amounts is purely speculation, and should not be used as a guideline.

You'll need a clear financial picture to negotiate a divorce settlement.

Before you can truly negotiate a divorce settlement, you need a clear financial picture of the status of finances in the marriage. You'll need documentation about your income, your spouse's income, joint debts, joint assets - a complete financial breakdown of both parties.

If your spouse manages to hide assets, you may not be able to negotiate an equitable settlement based on the full value of the relationship. If you think your spouse is going to be resistant to an equitable settlement, you may want to begin gathering financial documentation early, before your spouse has a chance to begin moving things around.

Your way of life will change.

The point of an equitable settlement is to split assets fairly and evenly between you and your spouse. If you didn't bring much to the marriage, you may not take much from the marriage. Don't expect that just because your spouse had assets prior to the marriage, you'll get to take any of that with you.

Bottom line: even in a best-case-scenario equitable settlement, your way of life will change. One income doesn't go as far as two, and without being able to split the costs for housing, utilities, etc., you'll be paying more than you expect to support yourself. Even if you get alimony, it may not be enough to maintain your current way of life, so you should resign yourself to that fact when the divorce begins and develop reasonable expectations about your divorce settlement.

June 9, 2010

South Florida Divorce - Can My Kid Talk to the Judge?

kid in corner.jpgIt is common for there to be some sort of disagreement as to time-sharing with children in divorce cases, mainly because of how child support will be distributed and sometimes because of a disagreement on parenting skills between the parties.

However, whatever the reason for the time-sharing battle, sometimes parents feel that their children should be able to speak to the Judge so that the Judge will know what the child's thoughts and desires are concerning their living arrangements. In South Florida divorce cases, the judges typically do not want to subject the children to the litigation and testimony process unless it is an extreme situation.

Other witnesses such as child psychologists, medical doctors, school teachers, guidance counselors can be called in to court to testify on behalf of a minor child, however. Character witnesses can be called as well to testify as to the parent's ability to raise the children, along with a guardian ad litem (an attorney hired to represent the child's best interests) if necessary.

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June 7, 2010

Fort Lauderdale Divorce - Things You Should Do When Getting Started

guy ring.jpgIf you have decided to get divorced in Florida, often the first question you have is "What do I do next?"

There is much preparation that must go into approaching for the divorce process Below is a check list of some of the things that can make the process easier.

8 Tricks to an Easier Divorce:

1. Know your family's finances - Know how much you spend monthly on food, utilities, entertainment, maintenance, housing, etc. Know how much you make and how much your spouse makes. Know how much it takes to care for the children.

2. Photograph your home and valuables - This is invaluable when claims of damage are made

3. Find a safe place to store personal papers, mail, documents, jewelry, and other important goods - divorces can turn ugly, not everyone is above taking important documents for their own use.

4. Get your own cell phone - Separate numbers so that eavesdropping is harder

5. Get a post office box or use a friend, neighbor, relative , your place of business or attorney to receive all your mail - This is especially important if your are still living with your spouse.

6. Get your own computer account and/or change your passwords - Its important to keep all of your information separate from your spouse during the divorce.

7. Don't sign anything your spouse puts in front of you including tax returns without your lawyers or accountants seeing it - Even if you read them, if you are unfamiliar with certain legal terms you might end up agreeing to something you don't want to agree to.

8. Hire an attorney before you do anything on this list because every case is different - Attorneys handle divorce cases everyday, if you are in doubt as to whether you are doing things properly or not, it is best to find counsel.

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June 4, 2010

No Fault in Florida - Does Adultery Matter in Florida Divorce?

love post-it cut.jpgMany people feel that if a spouse is caught committing adultery that they should be "punished" somehow during the divorce for the transgression. However, Florida is a "no fault" divorce state. This means that either spouse may initiate a divorce without going into detail as to why they want the divorce. The reason for the divorce is irrelevant. By not placing fault on one party or the other it prevents a length process of deciding who to blame for the divorce.

Adultery can effect other issues in a divorce, however. Because, in Florida, "moral fitness" is a qualification that the Court looks at when considering Florida visitation and time-sharing, adultery may be analyzed as an aspect of a someone's moral fitness. If the Court decides that the adultery had or is reasonably likely to have an adverse impact on the children in the matter, visitation could be effected.

Adultery effects equitable distribution as well. If it is found that, through one spouses philandering with a person who is not their spouse, a calculation of dissipation of marital assets may be calculated and the adulterous spouse may receive a reduced share of marital assets to compensate for the waste of marital assets.

Likewise, under Florida Statutes adultery is specifically listed as a factor to be considered in determining the amount of alimony awarded, but courts have struggled with this conflicting with the "no fault" concept.

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June 3, 2010

South Florida Divorce - Never Too Late to Start Over

OlderCouple.jpgWith the news of Al and Tipper Gore's divorce along ending of their daughter's 15 year marriage, a trend is emerging among couples in long term marriages. In fact, reports of divorce amount long-term couples is on the rise and is being reported on by the likes of the New York Times news agencies.

This begs the questions, "Is it ever too late to divorce?"

The answer is obvious - No.

It seems that, with couples who have been married for long periods of time, a wall is often hit than can force the couple to re-examine their marriage. With children grown and out of the house, unencumbered by the costs of maintaining a household or the expense of raising children and then financing their education, couples may want to take back control of their lives.
Typically the wives find that they have grown tired of taking care of house, husband and grown children; and the husbands were tired of working to support wives who they felt did not appreciate them and children who did not respect them, breeding a desire to reconnect with who they are.

The Office of National Statistics shows that the rate of divorce is dropping sharply in every age group, except to over 60 crowd. So why, instead of walking hand-in-hand into old age is this generation opting to get divorced?

A study of post-40 divorce by the American support group for older people, AARP, found that 60 and 70-year-olds appreciate life after divorce the most of any of the ages, citing a fresh lease of life from forging a new identity. And why not? It has been proven that people are living longer and longer, many 50-60 year old see take a look at themselves and decide that they don't want to live their last 30-40 years the way they've lived their last 30 years.


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June 2, 2010

Fort Lauderdale and Divorce - Don't Forget to Change your Will!

Will Contract.jpgOne of the biggest things that people forget to do after receiving their divorce decree is forgetting to change important documents like their Last Will and Testament, Power of Attorney for Health Care, and Retirement plan/Life Insurance policy beneficiaries.
Three questions you have to ask yourself after getting a divorce in Florida

  1. Who has power of attorney for health care?
  2. Do you want to leave your estate to your former spouse?
  3. Who is named as beneficiary for your Retirement plans?

Though it is true that the divorce invalidates that portion of your Will, the divorce and a new will won't change beneficiaries on your insurance and retirement accounts. It is important that you complete new beneficiary forms for all retirement accounts and insurance policies as this will not be taken care of by a new Will.

Many people do not want their children to inherit large sums of money all at once when they are 18 in the event that the parent dies, so a trust is set up to handle the money until the children reach an acceptable age. The largest sum of money is usually the insurance proceeds and if the children are named as the beneficiaries they will receive the sum of the insurance proceeds when they are 18. To prevent this, changes must be made to make sure that the trust is made the beneficiary on your insurance policies instead of the children.

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May 31, 2010

South Florida Divorce - 10 Ways Children Get Caught Between Divorcing Parents

child parents fighting.jpgThis is part 2 of 2 in our children of divorce series. Part 1, entitled South Florida Divorce - How Do We Tell Our Kids We're Getting A Divorce? discussed tips on how parents can successfully tell their children that they are getting a divorce. Part 2 covers 10 ways children can become caught in the dramatics of divorce, even when the parents don't mean for it to happen.

It should be every parent's top priority to make their children feel as comfortable, loved, and safe during a divorce proceeding. To assure this, parents should actively work to make sure that their children are as minimally involved. However, even with the greatest efforts, it can be difficult for parents to keep their children from getting caught in the middle.

The list below details 10 DON'T to prevent children from getting caught between divorcing parents.

10 DON'Ts to Prevent Children From Getting Caught Between Divorcing Parents:

  1. DON'T Bad Mouth - One of the most hurtful things a divorcing parent can do to a child is to criticize the child's other parent in the child's presence. It places the children in a defensive position and can implant feelings and emotions towards that parent that are unfounded and inappropriate.
  2. DON'T Force a Child To Choose - Children have a right to feel loved by and feel love for each parent equally. By forcing the child to pick allegiances doesn't just hurt the other parent, but the child as well.
  3. DON'T Use a Child to Spy - By asking your child details about the other parent's personal life you are unintentionally asking the child to become involved in your conflict with the other parents. This can instill deep feelings of guilt in the child because they feel they may have betrayed the other parent by discussing things with you. If you have a question about your Ex's personal life, it is best to ask them.
  4. DON'T Make the Child the Messenger - It is understood that often divorces can become heated enough that communication between parents can become difficult. However, this is not an excuse to make your children play the messenger. This not only involved the children in issues that they do not need to be aware of, but it forces them to learn to communicate in ways that are indirect in order to prevent anger and hurt feelings. By forcing your children to pass on messages that may upset the other parent you are risking that the other parent's frustration or anger will be passed on to the child.
  5. DON'T Compensate for the Other Parent - One divorced parent may view the other parent as a poor parent for being "too lenient", "too strict"which can lead to one parent become the opposite of the other. For example, If the mother sees the Father as being too laid back, then the Mother may be overly involved and smothering. This can place the children in a place of inconsistency and will create a tone of unease.
  6. DON'T Make Parenting a Popularity Contest - Doing what is best is more important than being your child's friend all of the time and is certainly more important than being liked more than the other parent. Children should love their parents based on their parents doing everything that is needed to provide a structured, safe, supportive, and loving environment for the child. A child's affection should not be based on the "buddy factor".
  7. DON'T Allow the Child to Whine About the Other Parent - It is important for a parent to help the child understand the other parent's reasoning when the child is complaining about the other parent's discipline or house rules. If a child is allowed to complain freely without any sort of explanation, reasoning, or encouragement for the child to discuss their issues with the other parent you are encouraging the child to manage their grievances with indirect communication.
  8. DON'T Make False or Unjustified Child Abuse Allegations - Child abuse allegations are not tools for revenge. They are serious and not easily taken back. A Child abuse allegation not only alarms the Court, but involves other city and state agencies and may write a check that the person making the allegations can't cash. At best discovering that the allegations are false will eliminate any and all credibility the person claiming the child abuse had with the Court. At worse, the children can be removed from the home, the Department of Children and Families can become involved, and number of other equally upsetting, traumatizing evens can occur. If child abuse is not happening, DO NOT accuse someone if it. It will do more harm to your children than it will do good for you.
  9. DON'T Withhold Child Support - It has become common for parents to withhold child support or demand more child support in order to cause conflict with the other parent, but in the end this only punishes the children who are the subject of the support. Child Support is to be used to provide necessities for the children, and when this is withheld, often the children are forced to do without.
  10. DON'T Entertain Double Standards - Again, it is important, especially in situations where a divorce is currently in progress, that parents keep a certain degree of consistency in their parenting. So it is inappropriate to say to the other parent that you want your children to make their own decisions if the child states they don't want to visit with the other parent but then turn around but lecture and browbeat the same child for for not wanting to spend time with them. Children are sensitive to inconsistencies and if a rule is to be enforced in your house, that same rule should be enforced in the other parent's home as well. Likewise, you have a rule in your home, a similar rule should be upheld by the other parent

Continue reading "South Florida Divorce - 10 Ways Children Get Caught Between Divorcing Parents" »

May 28, 2010

South Florida Divorce - How Do We Tell Our Kids We're Getting A Divorce?

parents-child-divorce.jpgThis is part 1 of 2 in our children of divorce series. Part 1 will discuss some tips to help you appropriately tell your children you are getting divorced.

One of the hardest jobs parents have when they decide to get divorced is telling their children. Because children can be extremely sensitive, this job can quickly affect the child in either a negative or positive way.

Many parents struggle to communicate properly with their children, and still others are so angry with one another that what should have been an encouraging and reassuring talk with their children, turns into just one more argument.

The key to having a successful "divorce talk" with your children is preparation. This is not a discussion that should be entered into lightly. Words should be choosen carefully and the child should leave the talk feeling reassured that they are not loosing either of their parents.

Some of the most common mistakes that parents make when discussing divorce with their children are:

  • Asking or implying that the children will have to pick a side or make major decisions about which parent they want to live with.
  • Failing to remind the children that the divorce is in no way their fault.
  • Failing to emphasize that the child will not be loosing their mother or father and that their parents will always be their parents, even if divorced.
  • Confiding intimate or adult details with the children or sharing details about the divorce legal proceedings with the children.
  • Failing to be clear that, though there will be many changes, everything will be okay.
  • Neglecting to point out that they are still safe and loved.
  • Complaining about the other parent in front of the children.
  • Making the conversation all about you. Remember, this is about making the children feel better. Not about making yourself feel better.
  • Saying "Nothing is going to Change" This is a statement that is quickly going to prove false as many changes in the child's life are coming. It is better to explain that things will be changing but that that is not necessarily a bad thing than to lie to the child and have them doubt all of the comforting things you have told them.


Keep the discussion age appropriate. Little kids may not understand the intricacies of emotion that an older child may. If you have children will severe age differences, think about discussing the issues with the older child prior to discussing them with the younger.


Continue reading "South Florida Divorce - How Do We Tell Our Kids We're Getting A Divorce?" »

May 26, 2010

Florida Divorce and Custody - Summer Visitation - Its Getting Hot In Here!

pool life preserver.jpgSummer is officially here as the school year is ending and summer camps are starting, but as a Florida Family Law Attorney, summer began a long time ago.

Summer can often be the busiest time for a parent as they make summer arrangements for their children, especially if both parents work full time. Summer camps, day care, and overall child care has to be arranged for the next few months, vacations have to be planned, doctor's visits coordinated, sun screen and new bathing suits purchased. In the craze of summer/new school year prep, divorced or separated parents sometimes leave summer visitation to the last moment. This can lend to misunderstandings and over-lapping of vacation time.

It is important for separated parents to find a way to come to an agreement concerning the summer plans of their children prior to the end of the school year. Unfortunately, as the temperature rises, so does the animosity as the parents fight over who will be with the children for the few months in the summer. If the parents cannot cooperate, rather than having fun under the sun with their children, they will spend the summer in a courtroom with their lawyers and a judge. The best way to avoid this is to plan long before summer starts. A schedule needs to be printed out outlining when the kids will be picked up from their various activities, which parent the children will be spending what days with, and, if the children will be traveling during the summer, who they will be with, where they are staying, and contact information so that they may be reached while they are away.

An agreement should also be made as to the expenses of summer activities. It is in the best interest of the children for parents to be as fair as possible. Though there may be some deep history between mom and dad, constant feuding, arguing about who's paying for summer camp, and who's picking the kids up from said camp, just creates tension and discomfort for the children. If it can be managed, parents should have all schedules and decisions regarding summer prepared, written down, and agreed on long before summer vacation starts.

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May 24, 2010

South Florida Premarital Agreements - Top 10 Reasons a Premarital Agreement May be Invalid

shaking hands.jpg
It is a long standing belief that, if an premarital agreement is signed, then settlement of a divorce simply relies on that agreement. However, there are several factors that must be determined when deciding if a premarital agreement is valid.

The following points below are just a few of the factors that can make a premarital agreement useless.

  1. The Agreement was not written down - Verbal agreements mean less than nothing in a divorce. EVERYTHING must be on paper to be validated by the court.
  2. The Agreement was not properly executed - Without legitimate witnesses, a licensed notary, and attorneys to provide advice, a written agreement isn't worth the paper its printed on.
  3. One of the parties was pressured - If one of the spouses was pressured, wither by the other spouse, the family, or by an attorney, the agreement can be decided to be invalid.
  4. It wasn't read - If, at the time of signing, your spouse or family member simply placed a bunch of papers in front of you, and you signed them without knowing exactly what you were signing, this agreement may be considered invalid.
  5. There was no time between the marriage and the signing of the agreement - If the agreement was signed moments prior to saying your vows, the agreement probably will not hold up in court.
  6. Some of the provisions of the agreement are invalid - Though a premarital agreement can more or less cover any sort of material subject, child support amounts and time-sharing agreements can not be agreed upon in a premarital agreement.
  7. The agreement includes false information - A premarital agreement is only valid if the facts contained in the agreement are valid. Full disclosure must be made prior to the signing of the agreement, and in some cases, inside the agreement itself. If false information is exchanged, then the agreement is invalid
  8. Complete Disclosure is not made - Along the lines of the #7 above, if one or both parties fails to provide any and all pertinent information, the agreement is not enforceable
  9. The parties do not have independent counsel - As there are separated interests at stake, and each party holds importance in separate aspects of the agreement, both parties should be separately represented by their own lawyers, or the agreement may not be enforceable.

  10. The Agreement is GROSSLY unjust - Though it is true that you can agree to anything, for example signing away spousal support in the case of divorce, or agreeing that in a divorce one part will leave with 100% of the assets and the other party will leave with 100% of the debt, if the agreement is so incredibly unfair, it is doubtful that a Judge will allow it to be ratified.


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May 21, 2010

South Florida Divorce - What Are My Assets?

beach house.jpgWho's going to get the flat screen? Who's going to pay the AmEx balance? Do I have to pay for his student loans? Why should she get the beach house?

Assets and liabilities are a big issue in a divorce. Even if there are no children, there are always plenty of assets and liabilities to divide up, no matter how long the marriage was.

Florida courts
generally presume that all assets and liabilities incurred after the exact date you get married are marital for purposes of equitable distribution in a dissolution of marriage proceeding. Because the division of assets and liabilities is one of the major concerns when couples are going through a divorce, it is a great idea to draft a list of all assets and liabilities and label them either marital or non-marital before the dissolution proceeding begins - this could make things easier, and less expensive and time consuming, later in the process.

Martial assets and liabilities include:

  1. Assets and liabilities obtained during marriage by both or individual spouses, including businesses and property obtained during the marriage.
  2. Gifts one partner gives to the other within the marriage
  3. Retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans.

Non-marital assets and liabilities include:

  1. Assets and liabilities incurred before the date of marriage
  2. Assets excluded based on a valid written agreement made by the parties, i.e. pre/post nuptial agreements
  3. Liabilities incurred by one spouse as a result of the other's forgery or unauthorized signature of that spouse's name. This must be proven with strict documentation and is often decided in court.

In Florida, all assets obtained during marriage will be considered marital until the date the parties enter into a valid separation of the parties or the date a petition for dissolution of marriage is filed with the court. If the parties disagree as to what is marital and what may be considered non-marital this can be decided at trial. However, if the parties can decide amicably between themselves how they want to distribute the assets and liabilities, an Agreement can be drafted and ratified by the court.

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May 19, 2010

South Florida Paternity - Does Signing the Birth Certificate Give the Father Parental Rights?

dad drawing.jpgIt is a common misconception of unmarried fathers who mistakenly believe they have parental rights because their names appear on the child's birth certificate. This belief is false. In Florida, signing a birth certificate may establish paternity and the obligation to pay child support, but parental rights must be obtained through an adjudication of paternity from the courts. If a father is not married to the child's mother at the time of the child's birth or conception, a petition must be entered with the the court for an order granting parental rights. Without this order, the father has no right to visitation or time-sharing with the minor child.

Establishing parental rights gives an unmarried father the legal right to:

  1. Seek a court order for visitation rights
  2. Request a change or modification in custody
  3. Request child support if he has custody of the child
  4. Be involved with important decisions that concern his child, including choices regarding their schooling, medical treatment and religious upbringing.

Even if a father does not obtain an order of paternity, that does not mean that he is not responsible for child support. Through the Department of Revenue, a mother can petition to have child support calculated and deducted from the alleged father's paychecks and tax refund without receiving an order on paternity. Remember, just because a father is ordered to pay child support does not mean he has been adjudicated the legal father nor does it allow for time-sharing with the minor child.

In such a situation it is important for the father to take action immediately. The wisest choice of action would be to hire an attorney to represent the father in the many steps of the process, as the mother is being represented by the Department of Revenue. If the father is uncertain as to whether he is in fact the biological father of the minor child in question, he can request that a DNA test be administered. If the DNA results prove the biological legitimacy of the paternity, the father or his attorney should then exchange financial information with the mother through Department of Revenue in order for an accurate calculation of child support to be made.

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May 17, 2010

Most Common Florida Divorce Myths

Question Marks.jpgFort Lauderdale and Family Law Serena Carroll, P.A. firm have come across many common myths and misconceptions that people have about divorce.
The following are a few of those myths debunked.


  • Myth #1: "I can do this myself: I do not need a lawyer."

  • True and False: Hiring a divorce lawyer is not a requirement but it is highly recommended. A divorce lawyer has much experience with each aspect of divorce law and will be able to decide what should be filed in reaction to given situations. He or she will review your case, give you honest legal options and always protect your best interests. A divorce is still a legal process and the results of the divorce are generally final and binding. By having an attorney you are assuring that no important aspect will be over-looked.

  • Myth #2: "The woman always gets custody of the children: If I'm the Father I'm only going to get Visitation."

  • False: Being the Mother of the children does not provide more of a right to time-sharing. The Florida Statues 61 that dictate divorce specifically states that the court is not allowed to consider the gender of the parent when making a custody determination. The Father is equally considered for majority time-sharing(or the most overnights). Additionally, a divorcing couple may decide that the father would be the better custodial parent. In cases where the divorce is contested, a judge will resolve the issue according to the best interest of the children, regardless of gender.

  • Myth #3: "The child can decide where he/she wants to live when they turn 13."

  • False: The child's preference where he or she wants to live my play a small part in a custody determination, but by-and-large children are not allowed to choose where they want to live until they turn 18. Once they become legal adults, the can choose. But the courts do not give the children authority to make that decision before age 18.

  • Myth #4: "If I move out, I will abandon the property."

  • False: Abandonment of property requires intent to abandon. If you are only moving out because of the divorce process, the court will not see this as abandonment.

  • Myth #5: "I can move anywhere and file for divorce."

  • False: Most states have residency requirements. In Florida for example, you or your spouse must be a resident of the state for at least 6 months before filing for divorce. There are additional requirements as to what county in Florida.

  • Myth #6: "I can quit my job to get more child support."

  • False: The Court will use your past income potential and earning ability to calculate child support. Unless you can prove through documentation that you can no longer make the income that was previously being earned, this is the number that will be used to calculate child support.

  • Myth #7: "Once the divorce is finalized I can move anywhere with the children."

  • False: In the State of Florida, a parent may not move outside of a 50-mile radius with the minor children without the written consent of the other parent and an Order from the Court.

    Continue reading "Most Common Florida Divorce Myths " »

May 13, 2010

Fort Lauderdale Divorce and Pet Custody - Yeah, But Who Gets Fido?

shar pei.jpgTo many animal lovers, their pets are valued members of the family. As sources of endless love and comfort, most people can't imagine that their precious pup or frisky feline might actually be considered property, but in the State of Florida that is exactly what they are. Though many people recognize these furry companions to be like children, the State of Florida will not recognize an animal's significance with more intrinsic value than the living room couch.

Though there are a few exceptions to the rule, most Florida Judges don't even want to hear about emotional connection when it comes to pets. As the State of Florida is already inundated with time-sharing and visitation issues, most Judges don't even want to consider the issues that would arise with the hearing of cases concerning pet time-sharing. This way of thinking is what brought about the ground breaking decision made in Bennett v. Bennett, 655 So.2d 109 (Fla 1st DCA, 1995), which holds that pets are subject to Equitable Distribution (like tangible personal property) and are not subject to visitation schedules.

The wisest course of action is to agree to some sort of written time-sharing plan between yourself and your partner prior to final separation with an agreement that both parties will work amicably to keep to the agreement. The downside of this is the fact that, if one party does not hold up his/her part of the agreement, this agreement may not be enforceable if it is not ratified by the Judge at the time of Final Judgment.

In divorce cases, where there are children involved, often it is wise to agree to the same time-sharing schedule for the pets as for the children in order to simplify things. Likewise, it can be agreed that all vet bills will be split between the parties.

Continue reading "Fort Lauderdale Divorce and Pet Custody - Yeah, But Who Gets Fido?" »

May 10, 2010

Florida Divorce and Facebook - Don't Post That!

facebook image.jpgFacebook and other social networking sites like it are being used more and more as valuable resources in divorce cases. Lawyers love these sites as they are often evidence treasure troves. It has become routine for attorneys to discuss social network activity levels with new clients, which is often followed up by a search through the opposing party's facebook page. Because of this, it is more important than ever to scrutinize one's own facebook page for details that can be used by the opposing attorney. Below are some tips for making your Facebook page Divorce friendly.

Six (6) DOs and DON'Ts for Facebook Divorces


  1. DO - Remove any and all "crazy party" photos. This is especially important for cases involving children. These photos can make you seem irresponsible and can imply bad parenting skills.

  2. DON'T - Post pictures of your children doing age inappropriate or dangerous things. If parenting your children is a point of contention in your case you might want to reconsider photos that may be misinterpreted to reinforce the opposition's argument against you. Often, its a better idea to refrain from posting photos of your children on your site all together.

  3. DO - Make sure your friends' photos can not be used against you. Use your privacy settings wisely.

  4. DON'T - Post pictures or discussions regarding new purchases or recent vacations. These may influence the Court's view of your finances and can affect possible settlement discussions.

  5. DO - Be wary of unknown friend requests. Keep in mind that though Facebook is a great way to get in touch with old and new friends, that it can also be a great way to give V.I.P.access to your Ex's legal team, allowing them to use some of your most personal information and giving them all of your friends' contact information. Sure, that new friend request might be from your sister's friend's cousin, or it could be the opposing attorney's assistant digging for information. Be careful!

  6. DON'T - Vent. We all know divorce can be very difficult and often involves a lot of angry and hurt emotions. Be aware that posting negative comments about your Ex, your Ex's attorney, or the Judge can spell big trouble. Don't post anything that you would not want the Judge to read.

Continue reading "Florida Divorce and Facebook - Don't Post That!" »