Articles Posted in Divorce / Dissolution of Marriage

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Most of us eagerly look forward to the holidays as a time to practice long honored family traditions, spend time with seldom seen relatives, and indulge in a few holiday treats. But for those going through a divorce, November and December can serve as very painful reminders that everything is different this year. That can make divorced people especially susceptible to depression. A recent article shares some tips for those struggling with emotions this time of year:

-Be prepared for your emotional ups and downs, identify when you will be most vulnerable and plan ahead of time what you will do to get through the moment.

-Accept your loss; while the holidays can remind you of your loss, they will pass. Give yourself permission to just get through the season and become stronger for next year.

NameChange.jpgA recent article in the Orlando Sentinel helps women with limited incomes learn how to change their names back to their maiden names without the help of a lawyer. But before changing one’s name, a person should think long and hard about the consequences. For example, those who hold professional licenses or run a business may face a lot of paperwork to get their name changed on these documents. Other documents that will need to be updated include social security cards, driver’s licenses, banking and retirement accounts, credit cards, loans, voter registration, and security clearances. A women should also consider the confusion and problems that might be caused if her new name is different than that of her children. On the plus side, changing back to a formerly held name does not require the criminal background checks required for applicants who want to change to a new name.

If a woman does decide that changing her name back to her maiden name is the right choice, Florida statute will point her to the proper procedures, and the Clerk of the Circuit Court has a staff to help those who do not have legal representation. Of course, while changing you name might not require the services of an experience family law attorney, the intricacies of the divorce itself certainly do. Please contact our firm for expert divorce legal counsel. You can read more about chaning back to your maiden name at There’s help to change name — but think twice.

Sailboat.jpgAccording to authorities, Paul Martikainen kidnapped his three-year old son, Luke Finch, escaping in a sailboat. Cocoa Beach police have reported that witnesses saw the two get into a 32-foot Bristol sailboat at Salt Creek Marina in St. Petersburg, Florida. They said the boy did not seem scared. Acquaintances of the man are worried about both father and son, saying that Martikainen has no sailing experience. According to other boaters at the marina, it is impossible for one person to sail a boat and watch a child at the same time, even for an experienced boater.

Martikainen purchased the boat less than a month ago, saying that he was buying it for someone else, and was going to fix it up and then transport it to Arkansas; he appeared to be living in the boat while he was working on it. Martikainen had further drawn attention to himself around the marina by asking other boaters how to tie different types of sailing knots. Some of the other boaters encouraged him to take sailing lessons after he told them he was going to take the boat out after Thanksgiving.

Luke was reported missing during a supervised visit with his father. He apparently slipped away from the court-appointed supervisor while they were hanging out in a Cocoa park. The supervision was ordered because of earlier allegations that Martikainen was abusing the child. An Amber alert brought in tips that helped police track Martikainen’s vehicle to the marina. Authorities believe the abduction was planned, noting that Martikainen had painted the boat gray, both to cover identifying marks and to make it hard to spot in the ocean.

Confidential.jpgTiger Woods has cancelled at least three scheduled meetings with the Florida Highway Patrol to discuss the car accident he was involved in early Friday morning, the day after Thanksgiving. He is not required by Florida law to talk to police about a traffic accident under investigation. But he has spoken to reporters in an attempt to dispel rumors that the accident happened in the middle of a domestic dispute with his wife, Elin Nordegren.

According to a prominent Hollywood news website, TMZ, the fight was sparked by Woods’ alleged affair with another woman, Rachel Uchitel, who has denied the relationship. Woods and Ms. Nordegren started fighting after the National Enquirer printed a story about his alleged affair with Ms. Uchitel. He reportedly told a friend that Ms. Nordegren attacked him during the argument, scratching his face and chasing him out of the house and down the driveway with a golf club.

Some have speculated that he is putting off meeting with police to allow the scratches on his face to heal so that his wife will not be arrested for domestic violence. Florida law does allow police to intervene in a spousal abuse case against the wishes of the parties involved.

TajMajal.jpgThe short-lived comedy “Couples Retreat” follows four American couples who travel to a tropical island to rekindle their marriages. Some enterprising Indian travel agents saw the movie and decided to start promoting divorce tourism packages for Indian couples. The package includes an exotic getaway and the services of a marriage counselor. Indian couples are usually unaware that they are on a divorce tour – the packages are usually paid for by a concerned friend or relative, and the marriage counselor pretends to be a travel guide with a lot of wise insight into marriage.

Probably because divorce is considered shameful in India, the country has one of the lowest divorce rates in the world, around 1%, compared to 50% in the US. But divorce is becoming more common between young urban couples, sparking a cottage industry of legal help and divorcee dating services. The new tourism promotion is expected to provide a small bump to Indian tourism, which has suffered from a bad economy, terrorist attacks, and now the H1N1 (swine flu) virus. Other specialty tourism packages offered by enterprising Indian travel agents include medical tourism, religious journeys, and even a “Slumdog Millionaire” tour of Mumbai’s shanty towns. Find out more unusual Indian tour packages at A New Indian Travel Fad: “Divorce Tourism”.

If your marriage is headed for divorce, please contact one of our expert Family Law Attorneys for legal counsel.

SadWoman.jpgA recent study published in the Psychology of Women Quarterly paints a bleak picture for low income women who are subject to abuse. Even those who seek help for domestic violence issues suffer from depression, post traumatic stress disorder (PTSD), and have to deal with stressful issues like child custody and child support, unemployment and finding affordable housing. Their situation has driven many of these women to return to their abusive partner.

The study points out that most domestic violence programs are focused on getting the woman away from her abuser and starting the legal proceedings to protect her and legally dissolve the relationship if necessary. Very few offer counseling, guidance or follow up to see how the women are doing after they leave. The researchers recommend that programs be offered for these women that provide housing opportunities, job training, transportation and child care so that they do not feel forced to return to their abusive partner because they have nowhere else to go. You can read more about the study findings at Nancy Hengeveld: Without support, battered women often return to their abusers.

If you are involved in an abusive relationship, please seek help for yourself, and then contact one of our Family Law Experts for compassionate legal counsel.

Plane.jpgSamad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

ChildofDivorce.jpgDallas advertising executive, Bill Cochran, has written a book that he says he hopes will help children deal with the divorce of their parents. The book is called My Parents Are Divorced, My Elbows Have Nicknames, and Other Facts About Me. Cochran writes with a straightforward, yet humorous style. The book follows Ted, a kid whose parents are getting divorced, as he talks about his life and his feeling related to the divorce.

Cochran is himself a child of divorce, and he says he wrote the book by trying to imagine what would have helped him feel better when his own parents were getting divorced. You can find out more about Cochran and his new book at Dallas author Bill Cochran helps kids learn to cope with divorce in new book.

Divorce is a difficult time for the whole family. When children are involved, counseling or therapy can be a very effective way to help them deal with the emotions they are going through. If you are considering divorce, please contact our firm for expert legal counsel. We can also refer you to a highly regarded local counselor or therapist for yourself or your children.

Ill.jpgAccording to a recent US study, women who are diagnosed with either cancer or MS are six times more likely to become divorced or separated as a result of the diagnosis than a man in the same position would be. Earlier research had suggested a similar trend, showing that female cancer patients have a divorce or separation rate of 20.8% compared to 2.9% for male cancer patients.

The studies show that female gender was the strongest predictor of a marital rift after a devastating health diagnosis. They found that women who were left during treatment were more likely to become depressed, spent more time in the hospital, and were less likely to complete their radiation therapy.

Researchers attribute the gender gap to men’s inability to quickly adjust to the responsibility of caring for the sick person, along with their family and home. The study was prompted by neuro-oncology doctors who noticed that their female patients were much more likely to end up alone. The doctors believe that early intervention and counseling may help save some of these marriages, which would in turn improve the prognosis for affected patients. You can read more results from the study at Men more likely than women to leave partner with cancer.

MoneyvLove.jpgIf you are considering a divorce, you may be entitled to, or you may be ordered to pay spousal support to your former spouse. What does that mean? Spousal support, also referred to as alimony, is money paid to one spouse by the other in order to support the first spouse’s lifestyle after the divorce.It is completely separate from child support. Alimony is only ordered in about ten percent of divorce cases. Permanent alimony awards are largely a thing of the past; most courts will only award temporary spousal support, lasting from a few months to a few years.

While different states have different laws when it comes to alimony, it is usually awarded to a person who did not work outside the home during a marriage. Most states require the potential recipient to demonstrate financial need. Those with savings or assets sufficient to support themselves will generally not receive alimony. Prenuptial agreements may also spell out what spousal support will be awarded.

Federal law requires equal consideration for both men and women when awarding spousal support, but women have largely been the recipients of spousal support after a divorce, mainly because the majority of non-working spouses have traditionally been women. But there is nothing stopping a stay-at-home husband from collecting alimony in a divorce settlement.

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