Articles Posted in Divorce / Dissolution of Marriage

Putting it simply, a divorce dissolves the bond of marriage and an annulment is as if the marriage never happened.

The state of Florida recognizes annulments, but they are governed not by state law, but by case law. Annulments are exceedingly rare, especially these days – they are most common for religious reasons.

In Florida, there are two ways to be granted an annulment. You must show that the marriage was either void (one of the spouses was married to someone else) or voidable, which is the more common scenario.

In today’s society, pets are often considered members of the family, almost like children – and like children of divorce, they are increasingly becoming involved in custody disputes.

Currently, under the law, pets are considered property. However, the California-based Animal Legal Defense Fund wants to change that. On its Animal Bill of Rights petition to the U.S. Congress, it promotes the need for federal legislation to protect animal rights, including in court:

Petition to the United States Congress

If you’re a Florida resident who is seeking a divorce, there are some important questions you should be asking the divorce lawyers you interview. Yes, interview. You should interview Florida divorce attorneys to determine who would best represent you – someone who will handle your case like you want it handled and can get you a fair settlement at a fair price.

These questions should help you learn about whom you are hiring:

1. How many divorce cases does your firm handle each year?

A second round of mediation brought Los Angeles Dodgers owners Frank and Jamie McCourt no closer to an agreement in their divorce, and no further talks are scheduled, according to a Los Angeles Times article.

With no settlement in sight, a judge has until Dec. 28 to rule on whether or not a 2004 agreement that makes Frank McCourt the sole owner of the MLB team is valid, or if it should be nullified, which would make the team community property.

The high profile trial was held last month to determine the ownership of the team, currently valued at more than $1 billion, as part of the McCourt’s divorce action. The 2004 agreement is in contention because the couple had drawn up a revised marital agreement in 2008 that would have made them joint owners in the team. However, Frank McCourt never signed the revised agreement.

One of the major reasons couples divorce is money, and it is usually because one spouse has better spending and saving habits than the other. If you want to protect your credit during a divorce, here are some tips:

Check your credit scores. As soon as possible, pull individual credit reports on both you and your spouse from Experian, Equifax or Transunion. Check to see if there are any debts you are unaware of or that have been neglected.

Close joint accounts. Do this prior to divorce proceedings, especially if you think a vindictive spouse may incur more debt in order to punish you. You are both responsible for joint account debts until the divorce is final.

The Insurance Information Institute has provided guidance on what to do with your insurance policies if you are headed for a separation or divorce:

Auto insurance – if there is a change in ownership of a vehicle, it will also be necessary to change who holds the insurance policy. You can protect yourself against liability by removing a former spouse from your policy in case he or she gets into an accident. If you have a multi-car discount, this will probably result in an increase in your auto insurance rate.

Homeowners insurance – the homeowner’s policy should be in the name of whoever stays in the home. You should also review the policy to ensure it covers the cost of rebuilding your home in case it is destroyed. If you are now living on a smaller income, you may want to raise your deductible amount so you have smaller payments. If you are moving out of the house and renting an apartment, you will need to get renters insurance to cover yourself for loss or damage.

Divorce has declined over the past couple of years, due in large part to the recession and the adverse financial impact the bad economy has had on home value, prices and savings accounts. Couples who have found it hard to make ends meet for one household may find it virtually impossible to support two different homes. The ability to refinance a mortgage is also much more difficult, and selling a home in Florida’s dismal housing market is usually not a viable choice either.

So what is a couple that wants to divorce to do?

Financial experts suggest that planning ahead and being practical about financial divorce settlements is a must. Divorcing couples may need to either delay the divorce until the economy improves or agree to share in the losses that may be incurred with a financial settlement in a depressed economy.

Divorce records have been used against political candidates by their opponents in Kentucky and Georgia as the election mud-slinging kicks into high gear just weeks before the election.

In Kentucky, Re. Lincoln Davis, who is seeking his fifth term in Congress, is running television commercials about the alleged violent behavior of his opponent, Dr. Scott DesJarlais, from his 10-year-old divorce case. The attorney for DesJarlais’ ex-wife alleged that the doctor “became violent and threatening, dry firing a gun outside the locked bedroom door” and “holding a gun in his mouth for three hours.” DeJarlais denied the incidents ever took place, saying the allegations “were never proven and are simply false.”

In Georgia, a judge will rule on Oct. 26 about whether or not the 2001 divorce records of Republican Austin Scott, who is running against Democratic incumbent Jim Marshall for the state’s 8th Congressional District seat, will be made public. A Democratic activist and blogger filed a motion to get the records unsealed amid rumors that Scott’s divorce files contain allegations of domestic violence and a restraining order.

With so many Florida homeowners underwater on their mortgages, many divorcing couples that want to sell their house are wondering if it is even possible. Mortgage experts say that there are several things to consider when deciding what to do with the marital home in the event of a divorce:

Consider staying put. See if one of you can afford to stay in the home, at least until the housing market improves. If one of you can afford to stay, and you can refinance the mortgage in your name alone, be sure that the other spouse is removed from the deed as soon as the divorce is final.

Sell. If you have to sell, the good news is that Florida homes sales are on the rise, with an increasing influx of foreign buyers. Engage a real estate agent as quickly as possible to get your home on the market.

Social networking sites such as Facebook, MySpace and Twitter are becoming increasingly popular. However, one area of unexpected popularity is in the courtroom. An article published by USA Today discussed how sharing too much information on social networks has led to an overabundance of evidence in divorce cases. A survey revealed that 66% of lawyers cited Facebook indiscretions as the source of online evidence; MySpace followed with 15% and Twitter with 5%. The categories of evidence are expansive, from pictures of spouses cheating to a father forcing his son to de-friend mom, which would bolster mom’s alienation of affection claim against dad.

Some attorneys, without revealing the names of clients and violating the attorney-client privilege, gave examples of instances when social networks were cited as evidence:

1. While a husband was seeking primary custody of his children, husband also had a Match.com profile claiming his was single with no children.