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Actress and talk show host Rosie O’Donnell and her long-time partner Kelli Carpenter made headlines when they married in California during the short period in which that state allowed gay marriage. Rosie is now speaking out about the couple’s recent divorce. Ms. O’Donnell reports that the couple’s divorce was amicable and “drama free” because both she and Ms. Carpenter made an effort to maintain their friendship. Ms. O’Donnell believes that women in particular are able to split without hard feelings because women “always want what’s best for everyone involved.” She believes that the intense emotional connections women make with each other make it difficult for them to simply sever the connection when the relationship ends.

As a testament to the former couple’s patience and understanding during the divorce, it took the news media nearly a year to pick up the story and put it in the headlines. Ms. O’Donnell made her comments during an appearance on the Oprah Winfrey Show. She said the divorce occurred because she and Ms. Carpenter were drifting apart.

What happens when a gay couple is legally married in one state, moves to another state, and subsequently wants to get divorced in that state? The answer is that they will probably not be allowed to get divorced under the laws of a state that does not recognize same-sex marriages, such as Florida. This makes things difficult for gay married couples who fought so hard to get the right to marry and now find it very difficult to get a legal divorce. Most states have a residency requirement to get divorced under their state laws. If a same-sex married couple moves to a state that does not recognize their marriage and no longer has residency in the state in which they were legally married, they may have to move back for a period of time just to get divorced. If you have questions about Florida Family Laws regarding this topic call a Jacksonville Divorce Attorney.

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The median age for a first marriage in the United States is higher than it has ever been, at 27.1% for men and 25.3% for women. Hannah Seligson recently wrote a book that explores the unmarried relationships of people in their twenties and thirties; the book is called A Little Bit Married: How to Know When It’s Time to Walk Down the Aisle or Out the Door. In it, she looks at the new types of relationships young people are forming – many look just like marriage, but without the trip down the aisle. The author reports that twelve million Americans are cohabitating in “unmarried committed relationships.”

But even people who are “a little bit married” are taking some of the same steps that their more traditional peers take before tying the knot. Cohabitants frequently create what looks like a prenuptial agreement, spelling out what assets were brought into the home by whom, and who is entitled to what in the case of a split. Read more about this author’s theories on why young people are not getting married atWhy We’re Not Getting Married.

If you are considering moving in with someone, you should be aware of your legal rights. A Florida family law attorney can help you draw up an agreement that protects your assets in the case of a split. Please contact our Jacksonville, Florida area law firm for legal counsel.

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Linda and David Pfeiffer of New London, Connecticut already had an adopted son, Darius, and they were not looking to have another child. But when a family friend from Jacksonville, Florida became pregnant and did not believe she was able to care for the child herself, she asked if the Pfeiffers would raise her child. Linda and David agreed, and they adopted Reylani soon after she was born. As part of the process, they flew to Florida and met with an attorney and had the birth parents sign a termination of parental rights.

It was only two weeks later that Linda Pfeiffer received a text message from the child’s birth mother, saying that Reylani’s biological father might actually be a different man. That man filed a paternity suit in Jacksonville Circuit Court and had his paternity confirmed with a DNA test. According to Florida law, a father must assert his paternity by filing the Florida Putative Father Registry Claim of Paternity claim before the child is born. Normally, this man would have no case. However, the child’s biological father is in the Navy, and he is arguing that he should retain his rights under the Servicemembers Civil Relief Act, which allows service members certain legal protections when they are on active duty. According to the Pfeiffers, the biological father knew that the mother was pregnant and was not at sea during the pregnancy, meaning he had ample opportunity to file for paternity during the legal window. The birth mother and biological father have since married.

In March a judge awarded custody to the biological parents, and the Pfeiffers were required to hand her over to them. The couple has since turned the Pfeiffers away when they flew to Florida in hopes of seeing Reylani. The Pfeiffers have filed an appeal to a panel of three judges, and are awaiting final word on their case. If you have questions regarding your rights as a biological parent or an adoptive parent in Florida you should contact a Florida Family Law Attorney.

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In a move designed to help Haitian children orphaned in the devastating 2010 earthquake enter the US more easily for medical care and/or adoption, the US Government eased the requirements for their temporary entry to the US. Department of Homeland Security Secretary, Janet Napolitano, made the announcement, adding that the US is still committed to helping reunify families that have been torn apart by the disaster.

Under the plan, children with no surviving family may be eligible for adoption by US families and will be granted an expedited humanitarian parole. Humanitarian parole is an option that can be exercised by the Secretary of the Department of Homeland Security to allow otherwise inadmissible individuals to enter the country for urgent humanitarian or other emergency reasons.

The US State Department has confirmed that approximately three hundred American families had already stepped forward to adopt orphaned Haitian children before the earthquake; twenty four of the cases were close enough to completion that those children have already been brought to the US and given over to their new families. The other pending cases are being reviewed individually to see if the process can be expedited. Any family who was in the process of adopting a Haitian child and would like further information can email askci@state.gov for more information.Florida residents who are interested in adoption should contact a Florida family law attorney.

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Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

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Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:

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Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

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Bristol Palin, the nineteen year old daughter of 2008 vice-presidential candidate Sarah Palin, went before a judge recently to ask that her child custody battle with former fiancé, Levi Johnston, be closed. She has filed for sole custody of her son, Tripp, saying that the child’s father is too immature to be a good parent. She argued that all of the media attention would be harmful to her son, and that our modern electronic communication systems would mean that he would be able to read stories about the battle once he is old enough.

For his part, Levi Johnston is asking for joint custody and has argued to keep the case public, saying that he fears the power Sarah Palin could have over the proceedings if they are kept secret. An Alaska judge ruled that Bristol Palin had no evidence that publicity would be harmful to the child, and that the records would remain open.

In Florida, the term joint custody is no longer used. The courts use parenting plans and time-sharing arrangements to govern the rights of parents to raise their children after a divorce. The new rules can be tricky. You should speak with a Jacksonville Divorce Attorney if you have questions regarding a divorce or custody issues. Walking into family court without an attorney is like performing surgery on yourself. It’s not a good idea! You should consult with a professional who knows the laws and can protect your rights.

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Florida.jpgThe Florida Coalition Against Domestic Violence (FCADV) recently completed a project intended to ensure that the voices of domestic violence sufferers remain central to their work. The project was designed to capture the insight provided by survivors in order to improve the efficacy of the Battered Women’s Movement. FCADV is dedicated to giving a voice to survivors of domestic abuse, so that they can share their stories and pass on lessons they have learned.

For the project, FCADV advocates interviewed numerous abuse survivors and advocates across Florida, including Jacksonville divorce attorneys. They have published a report with the substance of what they learned. The report includes stories from 106 females and one male victim of domestic violence. The participants were fairly evenly mixed as far as the types of communities they lived in and their ages. The majority of respondents had children living in their homes. Only 18% of respondents were employed full time.

The project revealed that the two most pressing needs of survivors are for affordable housing and for a more sensitive justice system, including better educated and fairer judges, family law attorneys, law enforcement and prosecution. The next two most pressing concerns were for jobs and affordable childcare. To read the full report, visit Florida Coalition Against Domestic Violence; Survivor Listening Project Report.

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In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens’ best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

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