While a collaborative divorce is not right for every couple, it can certainly be a good option for spouses who wish to divorce amicably. And the process may even be getting easier for some folks. Recently, a startup company launched a technology called Wevorce that would streamline amicable divorces and make it even simpler for couples to come to a mutually agreeable settlement.
]]> Wevorce is software that can be utilized to manage the significant paperwork required in a divorce and it has helped family law attorneys connect couples with counseling services that can help them avoid custody battles and other courtroom disputes.Early reports from the testing period of the software suggest that not only did using Wevorce help lower some of the costs associated with divorce, but it also helped couples avoid the courtroom in all but one case. The software could be just one of the many tools that can be used to end a marriage in a cooperative way.
People who pursue a collaborative divorce generally engage in open communication and informal meetings to come to an agreement that both spouses are comfortable with. Through this process, it is also possible to find more creative solutions to issues like child custody or property division because they are worked out outside of a courtroom.
Source: SFGate, "Wevorce: Startup streamlines the messy divorce process," Ellen Lee, May 22, 2013
]]>There are many situations in which the parents of a child are not determined to be suitable caretakers. Some parents have emotional, mental or physical issues that jeopardize their parenting skills and an alternative care arrangement may be developed so that the wellbeing of the children involved are protected and secured.
]]> Recently, for example, actress Denise Richards was granted temporary custody of the twin boys that her celebrity ex-husband Charlie Sheen shares with another woman, Brooke Mueller. Richards has no biological connection to the twins, but sources report that she has welcomed the twins into her home with her other three children.Mueller has been facing a very public battle with an addiction to pain medications and recently checked into a rehabilitation facility to deal with her addiction. According to reports, the twins were removed from Mueller's home by the Department of Children and Family Services and temporarily placed in Richards' home.
Sheen has also faced addiction issues, so it may not have been surprising that he was not granted temporary custody. Reports indicate that Sheen and Mueller both understand the reason that their children were placed with Richards and support the decision.
The top priority for any child custody arrangement should be making sure that children are safe, cared for and in a stable environment. As complicated as child custody disputes may seem for the parents, it is the wellbeing of the children that must be protected.
Source: E Online, "Charlie Sheen and Denise Richards Meet in Court Amid Brooke Mueller Child Custody Case," Brett Malec, May 7, 2013
]]>There are many different levels of alimony that can be awarded in divorces. Factors such as the length of a marriage and the reasons that it ended are often considered in the determination of alimony. Sometimes alimony is only ordered for a short period of time until one spouse adjusts to being single and is able to support him or herself financially. Other times, a spouse is ordered to provide financial support to a former spouse for the rest of his or her life or until the recipient of the money remarries.
]]> This is likely the reason that many payees of the permanent support were disappointed by Scott's decision. They argue that permanent alimony is no longer appropriate, since both spouses are more likely to work outside the home than in previous decades.However, opponents of the bill argued that it unfairly targets spouses who did not work outside the home and gave up their careers during their marriage, making it very difficult for them to re-enter the workforce. Even though this arrangement may not be as popular today, it was certainly common years ago when many people were initially awarded permanent alimony. Scott says that these people would be unfairly penalized had he signed the bill because the terms would have applied retroactively.
The matter is certainly not settled forever. There are ongoing efforts to update permanent alimony terms and other divorce laws in Florida.
Source: SunSentinel, "Scott vetoes controversial alimony overhaul bill," Donna Gehrke-White and Kathleen Haughney, May 2, 2013
]]>Splitting up assets in a divorce can be very complex when there is a large amount of money that a couple shares. Many people who are wealthy or have disparate levels of wealth choose to avoid some of the complications of dividing assets by having a prenuptial agreement in place. Couples who do not have a prenup can wind up facing a bitter dispute in court should they get divorced.
]]> Recently, sources have reported that actress Jennifer Aniston and her fiance, Justin Theroux, have no plans to sign a prenuptial agreement before their upcoming wedding. Aniston is high-profile celebrity who has made millions of dollars throughout her TV and film career. Theroux is also an actor, but he has not pulled in nearly as much as his famous fiance.It is estimated that without a prenuptial agreement, Aniston could be at risk of losing $150 million to Theroux if they get divorced.
Reports suggest that Theroux offered to sign a prenup, but Aniston declined the move to protect her vast fortune. Her friends have said that she does not want to choose money over love, but the reality is that a prenuptial agreement is not about not loving someone or assuming there will be a divorce. A prenup is simply a way of securing a person's financial future and protecting the individual assets that a person brings into a marriage.
When there is a lot of money at stake in a divorce, the process of splitting that up can be quite contentious. Couples can avoid some of the messiness of dividing assets by planning ahead and working with an attorney to develop an effective financial strategy that is agreeable to all parties involved.
Source: Christian Post, "Jennifer Aniston Declines Prenup: Justin Theroux Divorce Could Cost $150 Million," Benge Nsenduluka, May 1, 2013
]]>A 5-year-old child has been put in the middle of an international child support dispute that involves business tycoon Warren Lichtenstein and his ex-wife Annabelle Bond, who is the daughter of a wealthy British banker. Recently, however, an owner of the Tampa Bay Rays also got pulled into the former couple's very public child support fiasco.
]]> According to reports, Lichtenstein has been making support payments of $41,800 every month for the child that he shares with his ex-wife. Despite this enormous sum of money, Bond has requested that Lichtenstein pay triple that. However, Lichtenstein has recently filed a lawsuit arguing that Bond and Andrew Cader, an owner of the Tampa Bay Rays, are attempting to defraud him for more money.The lawsuit asserts that Lichtenstein purchased a multimillion dollar home for his ex and their child, but Bond decided not to live there and instead moved into a property owned by Cader. Bond then apparently requested the higher child support payments in order to cover the rent she pays and to reimburse Cader for a $3.5 million loan he gave her. Lichtenstein argued that because Cader and Bond have shared an intimate relationship for some time, he should not be required these additional and outlandish costs.
The outcome of this dispute remains to be seen. However, it may be wise for parents in a similar situation to remember that there is a child who is going to be affected by how their parents behave. Instead of engaging in court battles and nasty public arguments with an ex, parents should be focused on taking care of their children and protecting their wellbeing.
Source: New York Post, "Lichtenstein drags Rays investor into ugly legal battle with ex," April 25, 2013
It is not uncommon to read intimate details of celebrity relationships because they are often splashed across the headlines. Speculations of infidelity, jealously and other dramatic events run rampant and unconfirmed. But the truth that couples in Florida must remember is that not all divorces are as nasty as we are led to believe. Sometimes, a marriage has simply run its course and both spouses agree that it is time to end it.
]]> Couples such as actress Jane Seymour and her soon-to-be ex-husband James Keach are among those couples who are working towards a more collaborative and amicable divorce. Reports indicate that that despite filing for divorce just a couple days ago, Keach showed up to support Seymour at one of her charity events. The two showed up together and sources say that the pair remains devoted not only to their various charities, but to parenting their shared children as well. Keach and Seymour were married for more than 20 years.And while many people in Florida know that a divorce may never be easy, it does not have to be bitter. When a couple has been together for many years, it can certainly be emotional to end a relationship. However, with open communication and a dedication to settling disputes amicably, couples can work in a collaborative manner to peacefully settle a divorce.
Source: Daily Mail, "The world's friendliest divorce? Jane Seymour and husband James Keach pose together happily days after announcing split," Shyam Dodge, April 14, 2013
Sometimes, people fail to realize their own limitations as parents that affect a custody ruling on custody. Rather than focus on the safety and happiness of a child, they are more concerned with exercising their control over a child and end up violating a custody agreement. When this happens, a child can be put in danger and a parent can be put in jail.
]]> Recently, folks across Florida were paying close attention to the developments of a story involving two young boys, their parents and their grandparents. Sources reported that the boys' grandparents were granted custody of their grandchildren after the parents proved to be unfit to care for their children in a safe way.The day after their parental rights were terminated, the father broke into the grandparent's Florida home, took the boys and fled to Cuba with their mother. Luckily, Cuban and U.S. authorities cooperated and were able to track down the parents and reunite the boys with their grandparents. Their parents, however, are now facing criminal charges related to kidnapping, child neglect, false imprisonment and auto theft. Under Florida sentencing guidelines, the parents could face life in prison.
The two young boys are now back with their grandparents and out of harm's way. While this is an extreme case of custodial interference, it is a good reminder that parents can face serious and criminal consequences should they violate the terms of a child custody arrangement.
Source: CNN, "Boys reunite with grandparents after alleged kidnapping by parents," Greg Botelho and Mariano Castillo, April 10, 2013
]]>State divorce laws previously recognized several types of alimony, including permanent, bridge-the-gap, durational and rehabilitative alimony. Now, however, the Florida Senate has passed a bill to end permanent alimony.
]]> When one spouse is required to make permanent alimony payments, he or she must continue with the payments until one of the parties passes away or the recipient of the alimony gets remarried. However, because marriages are not lasting as long as they used to and more women are working and contributing financially to a household, supporters of the bill argued that permanent alimony is no longer appropriate.The bill also allows a person to file for alimony adjustments when he or she reaches retirement age and puts a cap on alimony payments based on a person's income level. The bill has been disputed widely. Supporters say permanent alimony is no longer appropriate while opponents say the measure unfairly penalizes spouses who stay home and do not have the opportunity to develop skills to help them in the event of a divorce.
In any divorce, assigning financial obligations after a marriage has ended can be a very unpleasant and contentious situation. However, with the help of a family law attorney, estranged couples can work to develop fair and beneficial arrangements that both sides are satisfied with.
Source: Orlando Sentinel, "Senate votes to end permanent alimony," April 4, 2013
]]>Money, for example, may be the reason that a couple is finding it difficult to go through with a divorce. On one hand, people may not want to deal with spousal support payments, court fees and other related costs. But on the other hand, one or both spouses may simply not want to lose half of a massive fortune. The latter category is the one in which oil mogul and billionaire Harold Hamm may find himself as the media buzzes about the possibility of a divorce between Hamm and his wife of 25 years. If they end up getting divorced, it could prove to be the most expensive split in the country.
]]> Hamm is a self-made billionaire who made his fortune primarily in oil. He founded an oil company in 1967 in which he still holds a 68 percent stake. Hamm and his wife married more than two decades ago, had two children and amassed an enormous fortune during their marriage. Half of these assets could end up going to Hamm's wife if the two are divorced.But the couple has filed for divorce twice before, each time ending it before coming to a settlement. Is there hesitancy to divorce because Hamm could end up paying his wife $5.3 billion? This could certainly make it difficult to officially end a marriage. However, Hamm's wife has accused her husband of infidelity, which is something that many couples cannot recover from. In this case, the third time could be the charm.
Whether the couple has a prenuptial agreement or not is unreported. If they do, there could be a dramatically different outcome for Hamm's wife. But if they do not, Hamm and his wife could end up splitting their marital property. The divorce was filed in a state which, like Florida, calls for equitable distribution of assets. A court could rule that the couple should split their assets evenly and fairly based on a number of factors including the duration of their marriage, the role Hamm's wife played in developing the business and their two children.
Source: Forbes, "Oil Billionaire Harold Hamm's Divorce Could Be World's Most Expensive At Over $5 Billion," Clare O'Connor, March 23, 2013
In Florida, child support laws are designed in such a way that the process should be fairly straightforward. By taking certain things into account, such as various types of income and benefits, a financial arrangement for the support of a child can be decided. Factors such as extraordinary medical expenses and the age of the child involved are also considered. Yet, even in the most fair child support arrangement, some parents still neglect their responsibility.
]]> When child support payments go missing and a parent refuses to take his or her financial obligation to a child seriously, it is generally the child who suffers the most; not the ex. It is for this reason that some parents have decided not to pursue child support from another parent. This way, it is argued that the consequences of non-payment, such as wage garnishment and jail time, are completely avoided. Parents are not alienated from a child's life simply because they cannot afford to make payments. Without court-ordered child support, some parents believe that a child will be spared some ugly realities that they may not be able to understand about parents, laws and finances.However, this arrangement is not something that is right for all families. It can be nearly impossible to raise a child without the financial support of two parents, and child support is often ordered as a way to keep a parent accountable for the wellbeing of his or her child. With the help of the Income Share Mode in Florida, support orders can be determined in a way that is feasible and fair. This way, it may be less likely that a parent will not be able to contribute. With the right child support arrangement in place, both parents and the child can all benefit.
Source: The Huffington Post, "Deadbeat Parents? State-Mandated Child Support Hurts The Ones It's Supposed To Help," Ellen Kellner, March 15, 2013
]]>In situations when two people cannot come to an agreement outside the courtroom, it may be necessary for a judge or jury to make a decision for them. Depending on what is at stake, Florida couples can generally benefit more from avoiding a lengthy court battle, especially when children are involved.
]]> For some time now, former NFL superstar Deion Sanders and his ex-wife Pilar have been locked in a child custody battle involving their three children. Both spouses have hurled accusations at each other in an attempt to damage each other's public image and reputation.The two have not been able to come to an agreement in terms of who should have custody over their two sons and one daughter, so the case was recently heard by a jury. It will be up to 12 people who have never met the couple or their children to determine who will be awarded custody.
Each parent is hoping for to be awarded primary custody of their children in this case. However, as in many other families, children often benefit most when both parents play a role in their lives. Instead of turning the issue of custody into a power play to hurt the other parent, it can be very important for parents to realize that shared custody can be what is in a child's best interest. Working through this process outside of court with an attorney can help parents develop a parenting plan that works for every party involved.
Source: NBC DFW, "Final Round of Sanders' Child Custody Battle," Kendra Lyn, March 12, 2013
However, for those looking to avoid nasty arguments and courtrooms, a collaborative divorce can be an excellent option. A collaborative process involves both spouses focused on working together with separate attorneys and with a common goal of dissolving a marriage fairly. Divorcing couples who want to settle their disputes in a more constructive way with informal discussions and negotiations may find that working together will speed the divorce process along, and in some cases it can be much less expensive.
]]> This was certainly the case for billionaire T. Boone Pickens who used the collaborative process to end his fourth marriage recently. The business tycoon recently gave a presentation explaining his positive experience with ending his most recent marriage through collaboration. He also donated a significant amount of money to a collaborative law institute in his home state.According to reports, his divorce was easier on both his family and his wallet. Pickens says that he and his former wife, Madeleine, ended their union using cooperation and working at a high level. Besides the emotional benefits of peacefully resolving issues that come up in a divorce, the collaborative process reportedly also saved Pickens several millions of dollars.
Even though most couples in Florida don't have billions of dollars at stake, a collaborative divorce can be just as beneficial as it was for Pickens. Many people want to avoid the anger, hurt and drawn-out arguments that can happen in any divorce. They can do so by seeking a divorce without the drama that can come with the traditional courtroom process.
Source: Dallas Business Journal, "T. Boone Pickens on how to save millions on your divorce," Bill Hethcock, March 1, 2013
]]>When it comes to a high-asset divorce, including those that involve celebrities, the process of dividing these assets can be quite delicate. Neither spouse wants to feel cheated out of finances or properties, but they also want the process to be smooth and painless. Unfortunately, when there is a lot of money at stake, splitting it up can bring out the worst in some people. It is important for people to keep things in perspective, however. A divorce, no matter how complicated, can be settled in a civil and fair manner with legal support and a clear head.
]]> So far, there has been little drama in the recent split between actress Diane Lane and her husband, actor Josh Brolin, even though Lane filed divorce papers on Valentine's Day. The two celebrities have enjoyed varying levels of success throughout their long careers and are some of the most recognizable people in Hollywood. However, this may introduce some problems when it comes to untangling their marital assets after more than eight years of marriage.Significant levels of wealth and complex estates have generally made divorces among celebrities bitter and contentious. Luckily, Brolin and Lane have no children together so there will be no issues with child custody or support. Additionally, this was marriage number two for both of them which means that they may have a prenuptial agreement in place to protect themselves in the event of a divorce.
For many other couples in this situation, however, it can be an emotional, trying and challenging process. It can be overwhelming to work through business valuations, tax issues and determining what is considered marital or separate property. But it is important to deal with these issues in a legal and thorough manner so that an agreement can be reached fairly and efficiently.
Source: The Huffington Post, "Diane Lane, Josh Brolin Divorce: Actress Signed Divorce Docs On Valentine's Day," Feb. 22, 2013
]]>Divorce settlements can vary widely from couple to couple. In addition to the variation between each couple, changing views on marriage and divorce also create more diversity. As traditional views continue to shift, so too must the state and federal family laws that relate to these events. Recently for example, Florida lawmakers have been looking to make some changes to the current alimony laws in the state.
]]> In previous decades, divorce was much less common that it is now. Traditional roles of spouses were less varied and it was often very difficult for one spouse, often the wife, to be able to survive financially without the other spouse's income. In order to make sure that each person was financially stable in the event of a divorce, alimony payments were often assigned.However, lawmakers are currently looking at adjusting a number of spousal support laws. Many people no longer feel that permanent alimony, which is paid for the entirety of a person's life, is appropriate. A bill was recently proposed in Florida that would limit the amount of time that a person will be responsible for paying alimony. It is proposed that a person should only be required to pay spousal support for no longer than 50 percent of the length of the marriage. Additionally, the bill would protect retirees from extraneous payments as well.
There are opponents of the bill, however, who believe that without these payments, many people would lose their home, get behind on expenses and bills, and end up unable to take care of themselves financially.
The controversial bill is currently under review by a House panel. We will certainly track any developments with this important subject.
Source: The Miami Herald, "Lawmakers take aim at limits on alimony," Jim Saunders, Feb. 13, 2013
]]>Too often, unfortunately, the needs of the children are neglected in favor of one parent's desire to punish the other. Some parents decide to simply ignore their duty to make child support payments. One Florida woman, however, took a different approach to using child support to punish her ex.
]]> The woman and her ex-husband had gone through a contentious divorce. Still hurt by the split, the woman decided falsely accuse her ex of owing more than $3,600 in child support payments. She reported her so-called delinquent husband to the State Attorney's Office, going so far as to file a sworn affidavit. Prosecutors went after the man, and the U.S. State Department froze the man's passport without his knowledge.Because he was in international business which required him to frequently travel to Latin America, the man was out of work for months because of the passport issue. It wasn't until several court hearings and $7,645 in the man's legal fees later that is was determined that the woman had filed a false claim and prosecutors went along with it, even though they knew the woman had lied.
A Miami-Dade judge recently ruled that the woman and the prosecutors are to each reimburse the ex-husband for his legal fees. The man is also considering the possibility of filing a civil lawsuit, which may be appropriate given the fact that he was prevented from working for months during the time his passport was frozen.
These types of false accusations can ultimately do some serious damage to the children who are at the center of these disputes. Rather than providing them with a stable childhood and the benefit of two loving parents, situations like this can end with children resenting one or both parents.
Source: The Miami Herald, "Miami judge calls child support prosecutor's actions 'reprehensible'," David Ovalle, Feb. 7, 2013
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