The judge does not blame the fathers for this statistic. He says that even fathers who want to remain in their child's life are often not given the support they need from the family court system. One major problem is that the court often determines a child support payment but is not given much more than the monetary obligation.
]]> The judge advocated for a new program, a Co-Parent Court that gives unwed parents the support that they need to successfully work together so that both parents can remain in the child's life. The Co-Parent Court helps with job placement, educational classes about things like co-parenting, counseling and other supportive endeavors.Part of the problem, the judge says is that while parents who split after divorce have already known each other for a longer period of the child's life, unwed parents at times barely know the other person at all. Helping these parents work together can help give the child the fatherly support that they need and want in their life.
If you are an unwed parent or expect to be one soon and want to ensure your place in your child's life, the best way to protect your rights and interests is to seek the assistance of an experienced family law attorney.
Source: The Christian Science Monitor, "Judge creates unique problem-solving court to help unwed parents," May 11, 2012
]]>It is reported that the engagement ring is a 20 karat, $2 million diamond ring, and Kris Humphries wants the engagement ring he purchased back. Kris Humphries allegedly wants the engagement ring back because he believes the marriage was the result of fraud and deceit. During the recent divorce negotiations, Kim Kardashian's attorney has brought up the topic of the couple's jewelry, which included the engagement ring. Kris Humphries's attorneys have continued the divorce negotiations by requesting additional time to collect information.
]]> The legal rights to the engagement ring depend on the specific circumstances surrounding the engagement, state law and even the results of the couple's negotiations. Generally, an engagement ring is presented and given to the recipient after the agreement of the promise to marry. An engagement ring given under the contemplation of marriage usually makes the engagement ring a gift. This gift is a gift of contemplation, meaning if the marriage does not take place the ring is returned.The ownership of the engagement ring also depends on who purchased the ring. Kim Kardashian's engagement ring has more complex circumstances. Since the couple did marry and there is an allegation of fraud about the intent at the time of marriage, the final outcome of the ownership of the ring may have larger implications on the couple's divorce.
Source: The Huffington Post, "Kim Kardashian Divorce: Kris Humphries Wants Engagement Ring Back," May 8, 2012
]]>In March 2012, the actor's wife officially filed divorce papers in the local court. In the divorce papers, she cited the reason for divorce as irreconcilable differences. In order to obtain a legal divorce, the divorce papers must state a reason the couple is seeking a divorce. The reason cited in the divorce papers must be a justification that is legally recognized in the jurisdiction or area in which the divorce is filed.
]]> Although the exact circumstances that amounted to irreconcilable differences for the couple remains unknown, the pair has reconciled and withdrawn their divorce. The couple is well within their rights to have a change of heart before the divorce proceedings are finalized.After the couple reconciled and decided to withdraw the pending divorce proceedings, they needed to make an affirmative filing with the court system to officially terminate their divorce proceedings. Since his wife filed the divorce papers with the court, she needed to file an action with the court to terminate the proceedings. His wife's attorney filed a notice of nonsuit with the court, which is an action by the plaintiff that acknowledges a voluntary dismissal of the pending action against the defendant.
It is true that most couples who file for divorce eventually finalize that divorce, but it is also true that divorce actually helps some couples find what they loved about one another in the first place.
Source: New York Daily News, "Dennis Quaid's wife withdraws divorce papers," Cristina Everett, May 5, 2012
]]>While Kim Kardashian filed for divorce on October 31, 2011, her husband filed his own court documents. In November of 2011, Kris Humphries filed for an annulment, which would effectively erase the marriage's existence under the eyes of the law.
]]> In the annulment request, Kris Humphries challenged the couple's prenuptial agreement. The annulment documents charged Kim Kardashian with fraud and claimed their wedding and its publicity was merely a money making stunt for the reality television mogul. Through Kim Kardashian's divorce filings, she is seeking the termination of a valid marriage, whereas Kris Humphries's annulment filing is a legal procedure that declares the marriage voidable by the defrauded party - allegedly Kris.The divorcing couple was previously in negotiations regarding the divorce, but it is reported that negotiations between the couple have stalled. Earlier this month, Kim Kardashian's attorney appeared in court in an attempt to move the divorce proceedings forward. Kardashian's attorney claims Kris Humphries is intentionally delaying the divorce proceedings in an effort to keep the divorce in the media spotlight. This allegation was rebutted by counsel for Humphries, who claimed additional time was required to build the annulment case and obtain witness depositions. The couple's attorneys are scheduled to reappear in court on August 15.
Source: WYTV, "Kardashian wants divorce finalized," May 05, 2012
]]>It was reported Martin Lawrence and his wife have ended their marriage. Martin Lawrence has officially filed divorce documents with the local court. The divorce documents were filed one day after the couple officially announced their separation.
]]> What is especially unique about this celebrity couple is that they had been together for 15 years before they were married in July 2010. The couple's marriage lasted for two years and the couple has two children together. A joint statement was made to the news that reported that the couple remains friends and stated their intent to raise their children together. The divorce documents show the celebrity couple has a prenuptial agreement for marriage which can help some couples keep the asset disputes to a minimum.A prenuptial agreement is an agreement entered into before marriage by the engaged couple. Prenuptial agreements allow the intended parties to protect their assets, property and investments that have been accumulated before the marriage. Prenuptial agreements can provide a method of protection for the individual assets and provide a method of distribution of assets during the divorce process. Couples who are considering marriage for the first time or contemplating a second marriage can learn more about the potential benefits of a prenuptial agreement by consulting with a knowledgeable attorney.
Source: The Huffington Post, "Martin Lawrence Divorce: Lawrence Files To Divorce Shamicka Gibbs," Aril 30, 2012
]]>Your attorney can help you draft a separate pet agreement with your soon-to-be ex to determine who gets the pet, which spouse pays for the pet's care or whether there will be a type of shared-custody arrangement. What the attorney can also do is help set you and your spouse up with a mediator when it seems that you and your spouse have very different opinions on the matter.
]]> It is true that some family court judges still see pets only as property, and property that is not the same level as the car or the house. Some judges will not hear arguments over which spouse gets the leather ottoman or the painting that was purchased on the honeymoon, and pets often fall into this same category. Out-of-court mediation or negotiation are two ways to deal with this type of situation, because let's face it, some of these items DO matter to you and your spouse even if it is only an emotional and not a financial connection.Out-of-court mediation and negotiations with your attorney are avenues for the emotional arguments to be made. When you go through a divorce, money does have to be divided, but so is the rest of your life. Your life includes more than a financial property determination. Each individual case has its own unique story, and it is important that your divorce receives the kind of individual attention it deserves.
Source: The Wall Street Journal, "A Dog's Bark Is Better Than Litigation's Bite," Veronica Dagher, April 30, 2012
]]>The former NBA athlete's divorce took eight years to finalize through divorce court. The divorce documents were originally filed in a Florida court by his now former wife in 2004. After the initial divorce documents were filed, it was reported the now divorced couple had attempted reconciliation. During the reconciliation, the couple did not pursue the divorce proceedings that were filed in 2004. A reconciliation period is usually a time when a couple puts a divorce on hold and works on the possibility of repairing their relationship. The reconciliation period was over when the former couple filed divorce documents a second time.
]]> Although the divorce has been finalized in court, there are still some issues that the former NBA player needs to resolve. It is reported the former NBA player owed approximately $800,000 in overdue child support. The former couple has two children together. The payment on the overdue child support may be delayed due to his current bankruptcy filings.Although the former NBA player earned a reported $27 million during his professional basketball career, he has reportedly spent most of his wealth. Even when a court has finalized a divorce, there are times when financial issues remain unresolved. An experienced divorce attorney can help navigate through the process and ensure all issues of the divorce are resolved.
Source: OC Register, "Dennis Rodman finally gets a divorce," Paul Hodgins, April 20, 2012
]]>Farah and Abdul moved to the United States shortly after becoming married in Saudi Arabia. Their marriage was arranged by their parents, and they signed a traditional Islamic marriage contract called a Sadaq. It is this Sadaq that is causing questions now that the couple has decided to divorce.
]]> In connection with the tradition of arranged marriage, the couple entered into a written marriage contract that is commonly known as Sadaq. The Sadaq is a marriage contract based upon Islamic law. Many of these arranged marriages include a type of dowry which is paid by the wife's family.The Sadaq for the couple's marriage contained a clause related to a $20,000 dowry that was categorized as unpaid. The categorization of unpaid means the $20,000 will be paid in the future. Now, the couple is seeking a divorce and the husband is referencing the $20,000 stated in the Sadaq as the total amount that should be awarded to the wife.
The wife has countered the husband's divorce terms by acknowledging she is due the $20,000 in addition to what a spouse would be eligible for under Florida divorce laws. The wife is referring laws that govern marital assets, spousal support and property rights. This case is currently pending, but the situation shows just how complicated some divorces can get and how necessary experience is when choosing an attorney.
Source: Baynews9.com, "Islamic divorce case could have far reaching implications," Jonathan Petramala, April 19, 2012
]]>Florida is one of six states that have already enacted laws to help address virtual visitation. While it can be very helpful in many situations, it is important that courts do not forget that it cannot replace in-person contact. Courts use the best interest determination to help decide what course to take in terms of custody, visitation or modification of any agreement. They must weigh all factors, including how virtual visitation could affect a relationship with one or both parents.
]]> Virtual visitation can improve some situations and hurt others at the same time. If a parent becomes only a "cyber-parent" it could have a very serious affect on their relationship with the child as well as the child's development and growth. Whether virtual visitation it will help or hurt a situation involves an individual, case-by-case determination.If you have ideas or questions about creative alternatives to custody plans, it is important that you discuss your wishes and your options with an attorney experienced in custody matters. If your spouse is attempting to implement alternatives you disagree with, an attorney can also help protect your rights to that in-person communication.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleicher, April 15, 2012
]]>Technology has helped make the time apart a little bit easier for some parents. When once the telephone was the only means of communication during time apart, newer technology has made face-to-face communication possible. People can talk over the Internet with streaming video. It provides the ability to see a child's smile and see their eyes sparkle. Florida is one of six states that have included virtual visitation in state custody laws.
]]> The way the world works now, people are more mobile than ever. When parents do not live together, they often move further away than separate homes. Job opportunities arise in different states, family draws them away and virtual visitation can help fill a void. Even though they cannot be in the same room physically, the visual interaction can help strengthen bonds better than telephone conversations.Children do not have the same extensive language adults have and their stories are often very entertaining but less than descriptive. Virtual technology allows a parent to see the child's hand movements. It allows a child to hold up a new toy or a picture they drew in class.
Although all of this is positive when supplementing time that was once spent over the phone, it is important to remember that it cannot replace actually being there. In our next post, we will cover some of the dangers the court must weigh.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleicher, April 15, 2012
]]>Many child custody agreements contain clauses relating to the location in which the child will live. This primarily means that the parents must follow the geographic rules of the agreement determined to be in the best interest of the child. What happens when a parent has to move out of the state where the child is required to live? Florida courts have addressed this issue.
]]> Child custody issues related to relocation require a court determination of whether to allow the child's relocation. Generally, if the child is relocated without approval by the court, a petition can be granted by the court to return the relocated child back to the original state.Recently, a father has gone to great lengths to persuade a court to prevent the relocation of his children. The divorced couple has shared custody of their three children. The mother intends to move her and the three children to Florida from Oshkosh.
The father's attempt to persuade the presiding judge includes putting hand-made signs on the side of the road that leads to the court. The hand-made signs are pleas to the judge to prevent the relocation of his children. In addition to the hand-made signs, the father has also created a 19 minute explanation which he made accessible on the popular video site YouTube.
Source: The Northwestern, "Man takes custody fight to the streets of Oshkosh," Patricia Wolff, April 10, 2012
]]>The basis of the request was that there had been a mutual mistake over the marital property. The theory of mutual mistake is generally seen in the context of business contracts. Although it may not seem like it, property settlements are contracts as well. The court allowed the argument to be made, but said that to reopen the settlement the mutual mistake would have had to be material or go "to the foundation of the agreement."
]]> The court ruled that the settlement did not contain explicit language that every asset would be divided in half between the couples, eliminating the "foundation of the settlement" requirement. The court did say that there were exceptions for "exceptional situations." The Madoff account, they said, did not fit the definition of an exceptional situation.The court ruled that assets are valued during property division based on the factors known at the time. Many assets such as homes and other types of legal investments lose value in the future. The court also stated that the husband could have withdrawn his money at any time before the fraud was exposed in 2008.
In this situation, the court sympathized with the husband, but asked the question of whether it would have been fair if the asset increased in value and the wife came back seeking a larger share. The answer varies depending on what side of the situation an individual may lie, but it highlights the serious nature of settlements and the need to have an experienced attorney handling your divorce.
Source: New York Law Journal, "Ex-Husband Loses Madoff-Prompted Bid to Reopen Divorce," Joel Stashenko, April 4, 2012
]]>In one reported divorce case, a husband from New York hinged his future on the returns he was supposed to get from the investment. During the marital property division of his divorce, he fought to keep the thought-to-be lucrative account. The divorce was finalized, but shortly after the bottom fell out. The husband lost everything in the account.
]]> The couple separated in 2001 after 28 years of marriage and later filed for divorce. In the 2006 property settlement, the husband kept the Madoff account, valuing it at approximately $5.4 million in 2004. He expected it to increase in value, but the estimated future value was not included in the settlement.By 2008, the extent of the scheme became public and the husband found out that his account was worth nothing. It was then that he made the request with the court to reopen the settlement. The husband hoped that he would be able to renegotiate the terms. The couple's marital estate was worth millions and so the husband was not left completely empty handed, but a multi-million loss plus the loss of the future expectations is enough to significantly alter his future.
Although the court agreed that there was good reason to request to reopen the settlement, they denied the request. But why? In our next post, we will cover the court's reasoning behind the denial.
Source: New York Law Journal, "Ex-Husband Loses Madoff-Prompted Bid to Reopen Divorce," Joel Stashenko, April 4, 2012
]]>This is true in Jacksonville, Florida, and in every other United States jurisdiction. A mother in Tennessee now faces possible jail time for violating a court order that required her and her ex-husband to make major decisions involving the religious upbringing of their children together. The court found that baptizing the two young children was one such major decision.
]]> Both the father and mother -- like most parents -- had strong feelings about how their children should be raised in terms of spirituality. Both parents wanted to baptize the children, but the father felt that the children should be older and more able to understand the significance behind the religious ceremony. When the mother chose to have the 5 and 7-year-old children baptized without first discussing and obtaining the father's consent, the charges were filed.The case has caught national attention not because contempt charges were filed for violating a court order, which occurs often without gaining media attention. Controversy was created over the nature of the violation. Some have made the argument that the court became involved in personal, religious doctrine, violating the separation of church and state. Others say it was simply a decision based on a "flagrant" violation of a court order.
Whether you are charged with violating a family court order or believe that your ex-spouse or opposing parent has, it is important that you discuss the situation with your family attorney the moment it may become an issue.
Source: NY Daily News, "Tennessee mom faces jail for baptizing children without husband's consent," April 1, 2012
]]>If a parent misses or fails to make a child support payment the missed payment adds to the total amount that the parent owes. Child support issues are addressed on a state level and Florida has its own specific laws regarding child support payments that are in arrears.
]]> Former professional basketball player Dennis Rodman is currently in arrears for his child support payments. The former basketball player currently owes past-due child support payments that total $860,000. It has been determined he is in contempt of court due to his failure to pay his child support order.His attorney claims he made child support payments and is attempting to overturn the contempt of court determination. Although he currently lives in Florida, the case will not be decided in Florida and is currently pending in its original jurisdiction.
The child support order is for the former basketball player's two children he had with his ex-wife. A child support order from 2010 required him to pay $50,000 per month, but was later reduced to $4,500. Court documents related to the case indicate the former basketball player is broke and past child support orders are unrealistic. He also has a child support order for a child not involved in the current case. The sentencing hearing for this child support case has been postponed until May.
Source: The Miami Herald, "Dennis Rodman back in court over child support," March 28, 2012
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