Divorce / Dissolution of Marriage

April 18, 2010

Larry King Files For Eighth Divorce From Seventh Wife

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn’s sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

April 7, 2010

Reclaiming Body Parts: Taking Back Gifts?

By Wood, Atter & Wolf, P.A.

Recently, a Long Island doctor donated his kidney to his wife to save her life. Eight years and one extra-marital affair later, the doctor demanded the return of his kidney or $1.5million in compensation in their divorce lawsuit. His claims are presuming that his kidney will always be his property, and that this property was “on loan” to his wife.

In California, a man attempted to cut out the breast implants he bought for his ex-girlfriend. He asserts that he was trying to recover what rightfully belonged to him, since he paid for the augmentation. The ex-girlfriend suffered six stab wounds; the scorned lover is being prosecuted for attempted murder.

I published an article about compensating people who contribute body parts for the advancement of science and medicine, entitled Stealing What’s Free: Exploring Compensation to Body Parts Sources for Their Contribution to Profitable Biomedical Research. In general, these contributions are considered gifts: the source does not get compensated, and does not get the body parts back. In analyzing the two headline-making stories above, I would fathom a guess that these guys are out of luck. The intent of donating the kidney and funding the breast augmentation was to give a gift–once given, it can’t be taken back. From the reports I’ve read, I would be shocked if a court ordered these women to undergo surgery to return the gifts.

April 2, 2010

Florida Lawmakers Consider Legislation to Help Prevent Parent Abductions in Child Custody Disputes

By Wood, Atter & Wolf, P.A.

The National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.

Representative Darryl Rouson, a Democrat from St. Petersburg, Florida, recently introduced a bill to the Florida House that would help protect Florida’s children from parental abductions. House Bill 787, also called the “Child Abduction Prevention Act” gives judges more discretion to fight familial child abductions.

The act identified risk factors that the courts may consider in a child custody case, to determine if a child is at an increased risk of abduction by the non-custodial parent or other family member. If the judge determines that there is a real risk of domestic or international abduction, he or she may put in place preventative measures that will help keep the child safe. These can include requiring the non-custodial parent to seek written permission to travel with the child across state lines, or to post a bond when travelling out of the country with the child.

April 1, 2010

What Do Florida Child Custody Laws Mean for a Divorced Parent Who Wants to Relocate?

By Wood, Atter & Wolf, P.A.

According to Florida statutes, children subject to a custody agreement may only be relocated if an agreement is reached between parents, guardians and any other person who is entitled to spend time with the child. All of these parties must agree in writing that the child may relocate with one of the parents or guardians. The written agreement must spell out the new location, the consent to the new location, and define a new time-sharing schedule for any of the parties who are not relocating. It must also spell out who is responsible for transportation costs associated with child visitation.

If one person does not agree to the relocation, the parent must file a Petition to Relocate Minor Children with the court. The petition must be served on any parties who are entitled to partial custody or visitation with the child. The petition must include the proposed new location, the date of the requested relocation and give detailed reasons for the request along with any evidence of the cause of the relocation, such as a new job offer. It must also include a proposed visitation schedule, including proposed travel arrangements.

The other parties served with the petition have twenty days to object to the court in writing. If they fail to do so the court will allow the relocation, as long as it is in the best interest of the child. If you would like to relocate and are subject to a child custody agreement, it is best to consult a qualified attorney who can help make sure all of your paperwork is in order and that you are in compliance with the law.

March 29, 2010

Divorce Leads Jacksonville, Florida Man, Espia Gatson, to Homelessness

By Wood, Atter & Wolf, P.A.

Espia Gatson is one of twenty one speakers who take part in the Jacksonville Faces of Homelessness Speakers Bureau. The bureau was formed to bring to personal stories of Jacksonville’s homeless to the school groups, Rotary lunches, and other events that are usually addressed by civic leaders and celebrities.

Gatson wears a suit and tie when he addresses audiences, like the forty second graders he addressed recently. He told the children about how, despite a previously successful career, his divorce in 2003 sent him into a financial and emotional downward spiral that left him living on the streets and in homeless shelters until just a month ago.

As part of his talk, Gatson asks the children to close their eyes; when they open them he is dressed in torn clothing and a battered hat. He asks the children if he is still the same man inside. They answer with an enthusiastic “yes.”

March 25, 2010

Shaquille O’Neal’s Wife Shaunie Blames City of Miami, Florida for Her Impending Divorce

By Wood, Atter & Wolf, P.A.

Shaquille O’Neal and his wife Shaunie have reportedly finalized their divorce in a Florida family law court, and it will soon be finalized. Ms. O’Neal is speaking to reporters about the breakup of her marriage, and she doesn’t have anything nice to say about Miami, Florida.

According to Ms. O’Neal, the basketball “groupies” in Miami are much worse than those she was used to dealing with in LA. After Shaq got traded to the Miami Heat, Ms. O’Neal says it was hard to deal with the women in the stands, who were scantily clad and trying to meet her husband. She says she now realizes that she and O’Neal didn’t “have a strong enough foundation” to withstand the temptation and the alleged incidents of cheating that took place in Florida.

Ms. O’Neal was also accused of cheating on O’Neal with her personal trainer, a charge that she denies. She will be featured in an upcoming VH1 reality TV show that will follow the lives of the wives, girl-friends, and exes of NBA stars. Ms. O’Neal reports that now that the divorce is final, she and her soon to be ex husband are working on becoming friends again.

March 23, 2010

Understanding Divorce in Florida – “Regular Dissolution of Marriage”

By Wood, Atter & Wolf, P.A.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at
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March 17, 2010

Florida Couples Try to Sway Divorce Proceedings with Evidence from Facebook

By Wood, Atter & Wolf, P.A.

What eHarmony is to dating and marriage, Facebook is becoming for divorce. According to a recent article on Florida divorces, Facebook provides Florida spouses with fertile ground for rekindling old flames and posting all sorts of self-incriminating evidence for the rest of the world to see. It also provides a public soapbox for couples to air their dirty laundry.

Once one partner posts something nasty, the other can’t help but respond and then a tiff turns into all out war. Experts predict that the public meltdown of marriage and relationships will only increase as the YouTube generation starts to marry – and divorce.

A survey by the American Academy of Matrimonial Lawyers showed that more than 80% of divorce attorneys have dealt with a divorce that involved Facebook. MySpace and Twitter were also mentioned. The social media phenomenon is actually helping divorce attorneys gather evidence for their clients. Now instead of hiring private investigators, they can simply log on and capture screen images of the other spouse’s social media accounts.

March 16, 2010

Florida Couples Who Own Businesses Together Talk about Triumphs and Tribulations

By Wood, Atter & Wolf, P.A.

Many married couples in Jacksonville, Florida and across the country own businesses together. But spending all day together working and then coming home to family responsibilities at night can either help a business and a relationship thrive, or destroy both.

Some Florida couples find it easier to agree not to take work home with them in the evening. Giuliano and Pamela Zaratin own a restaurant in Del Ray Beach. When they leave work in the evening they don’t talk about it until they return the next day. They also split their time at the restaurant so that they can share parenting responsibilities without relying too heavily on daycare.

Money is a big issue in a marriage, and that can be amplified when the couple is in business together. Experts advise that the more conservative partner be in charge of the finances. Keeping each other informed about the financial situation at home and at work is critical too.

March 15, 2010

Florida Housing Crash May Keep Unhappy Couples from Seeking Divorce

By Wood, Atter & Wolf, P.A.

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.