Articles Posted in Divorce / Dissolution of Marriage

A new study by Montclair State University researchers says that in marriages with a high degree of conflict, divorce is often better for children than “staying together for the sake of the kids.”

The study analyzed the results of a 10-year national survey of 7,000 married Americans and their children. Parents were first surveyed in 1987 about the level of conflict in the marriage. In 1992-93, both parents and children were surveyed and in 2001-2002, the children were surveyed again and asked about their own happiness and the level of conflict in their own relationships.

Researchers found that children who grew up with parents who argued a lot did better in their own adult relationships if their parents divorced. If the parents stayed together, the children were exposed to more years of conflict and were more likely to experience conflict in their own relationships as adults.The research also showed that in the short term, children of divorce experience a crisis period of one to two years, but then “bounce back” from the divorce. Conversely, the survey also found that adult children of happily married couples do not necessarily grow up to enjoy happy relationships themselves.

Under Florida Statute sec. 61.076, any benefits and rights accrued during a marriage from a retirement, pension, profit-sharing, annuity, insurance plans and programs or deferred compensation are considered martial assets and are, therefore, subject to equitable distribution under Florida Law. For military retirement or retainer pay the following criteria must be met: you and your spouse were married for at least 10 years, one spouse was a member of the federal uniform services and gave at least 10 years of credible service, and the division of the marital property includes a division of military retirement or retainer pay.

Equitable distribution divides martial property based on principles of equity. In states that employ equitable distribution (among them is Florida), the courts will consider a number of factors to determine how to divide the marital assets and liabilities upon divorce. Equitable distribution is not necessarily a 50/50 split of all the martial property and debt – equitable does not mean equal.

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Divorce attorneys are finding that Facebook, the most popular social networking site on the Internet with over 400 million users worldwide, is yielding numerous nuggets of gold when mined for information that one spouse can use against another in court during a divorce.

In fact, the American Academy of Matrimonial Lawyers said earlier this year that 81 percent of its members have either used evidence, or been faced with it in court, that was gathered on Facebook. And they have many examples to share of clients in divorce and child custody battles who have either had their case helped or torpedoed because of Facebook posts.

In a recent Associated Press article, several divorce lawyers provided these cases in point:

When you enter into a relationship with a divorce attorney, or any attorney for that matter, there are rules that govern the behavior of both client and attorney. Knowing what to expect, and what not to, is important so you obtain the best possible outcome for your case.

Having an empathetic divorce attorney by your side during every step of your divorce is a basic expectation of most clients. But what specifically should you expect from your divorce lawyer? Here’s a list:

• Educate you about Florida divorce law and how it relates to your case

Anyone who has ever seen a legal program on TV knows that what a client says to their attorney is privileged – meaning that the attorney cannot divulge what he or she has discussed with a client, either of their own free will or by a court order. It is one of the fundamental principles of our justice system.

However, there are some scenarios where the attorney-client privilege is not protected. For example, if a client tells an attorney that they plan to commit a crime (including perjury), that attorney could be compelled to testify in court about that disclosure.

In addition, the attorney-client privilege can sometimes be lost if someone else (other than you or your lawyer) either hears, sees or reads confidential communication between you and your attorney. If, for example, you bring your sister along to your meeting with a divorce lawyer, your privilege could be compromised. This is why a divorce lawyer may ask to meet with you alone.

According to a recent article in the Detroit Free Press, law enforcement agencies across the U.S. are turning to cell phone forensics for help in criminal investigations and the data they rely on to catch crooks could easily be applied in divorce cases to nabbing cheating spouses or getting your soon-to-be ex on the hook for perjury.

A former hacker named Jonathan Zdziarski has written a how-to manual on retrieving data from iPhones, and has been hired by several law enforcement agencies to teach their officers how to gather data for evidence in criminal cases.

Zdziarski says he focused on the iPhone because of its popularity and because it is more like a computer than a phone. The iPhone automatically stores reams of information about its owners use history, including keystroke data for texts and emails and screenshots of emails the user thinks have been deleted.

The relationship you have with your divorce lawyer is in many ways the same as you would have with a co-worker or customer and good communication practices help ensure a positive outcome for your case.

Here are some tips to help you communicate effectively with your divorce attorney:

Keep and Provide Good Records – you will need to furnish your divorce lawyer with all your financial information, including assets, debts, income and liabilities. It will be necessary to maintain good financial records – income tax returns, investment account statements, paycheck stubs, bank account statements, retirement account statements, etc. – and provide these in a timely fashion.

The Florida Family Courts are courts of equity. The goal of equity courts is to make the parties equal. What exactly does this mean? Generally, this means that family courts are supposed to deal fairly and equally with all the concerned parties. Florida is an equitable distribution state. Equitable distribution falls under Fl. Stat. sec. 61.075. Under this statute, Florida courts will set apart each of the spouse’s non-martial assets and liabilities. These non-marital assets and liabilities will be kept separate from the marital assets and liabilities and go to the individual spouse. Non-marital assets include those assets and liabilities incurred prior to the marriage and martial assets and liabilities include those that were acquired or incurred by either or both spouses during the marriage. Marital assets and liabilities are usually divided equally among the couple. However, unequal distribution is possible. To read more on unequal distribution see Is Unequitable Distribution in Florida Possible? Being in a court of equity also means that you are unlikely to get monetary damages because damages are considered a legal, not an equitable, remedy. The goal of equitable remedies is to place the injured party in the position they were in before the injury occurred.

The type of court you appear in can affect your pleadings and causes of action. Contact a Florida Family Law Attorney for legal representation in your family law action. Having legal representation provides better protection for you interests and goals throughout your dissolution, child support, dependency or other family law action

Under Fl. Stat. § 61.075: Equitable Distribution of Marital Assets and Liabilities, Florida courts shall set apart to each spouse that spouse’s non-marital assets and liabilities. Generally, courts will distribute a couple’s martial assets and liabilities equally among both parties to the divorce proceedings. Equitable distribution in Florida is the norm, meaning this is the starting point for Florida divorce courts. If a party claims that unequal distribution of marital assets or liabilities should be used, Florida courts look to the following factors to determine whether an unequal distribution is justified:

1. The contribution of each spouse to the marriage. This includes the contribution to the care and education of the children and services as homemaker.

2. The economic circumstances of the parties.

Being separated does not mean that marital funds that have been accumulated over the marriage cannot be used for mortgage payments, even if only one spouse occupies the home.

When post separation payments are made from income that has been accumulated following the separation, it is usually necessary to determine the date of classification to know if the equity from those payments is considered nonmarital or marital property once the divorce process begins.

The date of classification is the point in time when state law considers that you and your spouse are no longer acquiring marital property. It varies by state and can be: