Australia’s new “Family Law Act” allows mistresses to sue their married partners for support, maintenance, child support, etc. Men with a history with multiple women may be paying each of those women. OUCH!
Florida does not have an equivalent law allowing Mistresses to sue for support for themselves, only for children born to the parties.
Read the full article: http://blogs.smh.com.au/lifestyle/asksam/archives/2009/03/mistresses_and_the_other_woman.html?page=2#comments
An annulment is when a party seeks to have the marriage to be determined as invalid. In a sense, an annulment seeks to “undo” the marriage, as if the marriage never happened. First, for an annulment to be considered by the Court, the marriage must have been a valid marriage. Next, there have to be grounds (a reason for the Court to grant the annulment) that were present at the time of the marriage. Grounds for annulment include: 1) lack of consent or capacity, 2) lack of intent to be bound by the marriage, 3) existence of bigamy or polygamy, 4) if the marriage is incestuous, 5) under the statutory age of consent, and 6) incurable physical impotence.
Lack of consent or capacity
Each person must knowingly and voluntarily enter into the marriage. The marriage may be annulled if one or both of the parties did not agree to enter into the marriage, were forced or coerced into the marriage, did not have the mental capacity necessary to understand they were entering into a marriage (although there are some additional issues when drugs and/or alcohol is involved), or the marriage was a fraud.
Lack of intent to be bound by the marriage
Each person must intend to accept the rights and responsibilities that come along with marriage. If two parties marry solely so one can attain citizenship, this marriage may be annulled.
Existence of bigamy or polygamy
If either party has another living spouse, the marriage may be annulled.
Incestuous marriage
An individual cannot marry a direct blood ascendant or descendant such as a parent, sibling, or aunt/uncle, or cousin. If your marriage would make your family tree a wreath, you probably can’t do it!
Age of consent
In Florida, the legal age of consent is 18. If an individual is under 18, there are some exceptions. If a party is married while underage and does not meet an exception, the married may be annulled.
Incurable physical impotence
If the other party is not aware of the incurable physical impotence before the marriage the marriage may be annulled. If the individual is unaware of the incurable physical impotence until after the marriage; but consents or agrees to the situation, this is not grounds for annulment.
Defenses to Annulment
The defenses most frequently raised are that the charging party consented after the marriage, or ratified the marriage by their conduct or behavior.
Alimony
Generally permanent alimony is not awarded; however temporary alimony while annulment proceedings are pending is possible.
Property Division
The Courts will try to put the individuals in the same position they were in prior to the marriage.
Note: this article is a very general discussion of the grounds for an annulment. Please contact my office for an appointment to discuss how the law may apply to your unique situation.
1. Consult an Attorney
Make sure you know what your rights and obligations are. Be aware of how your behavior could affect the outcome of any potential divorce proceedings, i.e., should you move out of the marital home?
2. Copy Documents
Make copies of everything you can find: tax returns, bank statements, check registers, investment statements, retirement account statements, employee benefits handbooks, life insurance policies, medical/dental insurance policies, mortgage documents, applications for credit, deeds and titles to property, financial statements, credit card statements, wills, social security statements, automobile titles, any prenuptial or postnuptial agreements between the parties, documentation of any child support either spouse already pays, etc. Remember to check the home computer for additional documentation. Florida requires certain documents be disclosed in all divorce proceedings. Find that list here. It is easier to obtain these documents before you separate than after.
3. Inventory Household and Family Possessions
List the major items: furniture, artwork, jewelry, appliances, automobiles, etc. Did you forget about anything in storage or that someone else is holding for you or borrowed from you?
4. Know the Household Budget and Expenses
Examine and record where every penny goes. This is important to determine if there are temporary needs while the divorce is pending and to determine the amounts owed between parties when negotiating a settlement or final judgment.
5. Determine How to Manage Family Debt
Try to pay down any debt you may have if you can before divorce. Division of debt is often a sticking point in divorce proceedings. Cancel credit accounts if one spouse is too willing to whip out the credit card for unnecessary items.
6. Find Out Exactly What Your Spouse Earns
Gain this information through paystubs, other documents, or casual conversation with your spouse’s business partner.
7. Make a Realistic Appraisal of Your Earning Potential
What is a realistic view of your earning potential before and after the divorce? Will some changes need to be made here? If you have been a homemaker for a lengthy period of time, will education help you become self-sufficient? Will your work schedule or location be effected by your divorce and your ability to care for your children? What child care needs should be considered?
8. Examine Your Own Credit History
Either establish or reestablish credit in your own, individual name.
9. Build a Net Egg of Your Own
Try to have access to your own money in case your spouse stops paying the household expenses or bills during the divorce proceedings. You may also need additional money for an attorney’s retainer, security deposit on a new residence, deposits on utilities, costs of moving, etc.
10. Put Your Kids at the Top of Your Agenda
Divorce is not about you or your spouse when children are involved. Children generally have no choice in the matter and their needs and wellbeing should always be your first concern. Keep their routines as normal as possible, don’t argue in front of the children, don’t bad-mouth the other party to the children, stay involved with your children and their activities as much as possible, and don’t use your children as your sounding board, psychologist, attorney, or counselor!
Source for some information here.
Frank tried to pay his $5,000 alimony with 500,000 pennies in a barrel. The Judge was not happy and ordered Frank to pay with a cashier’s check or go to jail.
I guess there were no moneys in that barrell, or laughs either.
Source: “Frank Rolls Out the Alimony Barrel,” by John A. Ritter, Esq., Orlando Sentinel
A good divorce lawyer:
Source: “Why You Need to Use a Good Divorce Lawyer” by Jon Arnold
The awarding of child custody is of prime concern to parents going through divorce. In Florida, the custody of your child is determined by seven simple words: “best interest and welfare of the child.” While it is the parents who initiated the divorce, from the court’s point of view, it is often the rights of the child that dictates child custody determinations. What if you are the parent who is better suited to support the child financially? Does this give you an advantage in obtaining residential custody of the child or children? In Florida, the fact a child would be more financially secure with one parent as opposed to the other parent is not a controlling factor in determining custody rights.
It’s not hard to consider a situation where spouses are going through divorce, they have children, but one parent makes substantially more money than the other. Take, for example a situation where the father is an executive of a corporation with an annual salary in excess of $250,000.00, and the mother is a homemaker who works really hard but does not earn her own income. In an economically driven society, some tend to think that the more money you make, the better you will be able to provide for the best interests and welfare of your children.
The truth is, even though one parent may bring home more money than the other, in most cases, both parents are still able to provide for a child’s reasonable needs. And although money is important in raising a child, especially in recent years, the courts also look to a parent’s ability to provide for a child’s personal, emotional, and social welfare as well as providing for a child’s material welfare.
If you are a parent going through a divorce, but know you make less money than your spouse, there are other important factors to consider in the issue of determining custody. Rather than spending time worrying about your financial situation, spend time detailing the factors the court will consider, such as: (1) character and moral conduct; (2) mental health; (3) the proposed home environment for the child; (4) character of others living in the proposed home of the child; (5) ability to maintain continuity in the child’s home; (6) parent’s work schedule; (7) and the effects, if any, that an interracial marriage may have on the child. And while no single factor alone is indicative of how the court will rule, it’s important to look at all of them and plan accordingly. Together, these factors comprise the analysis by which a court will determine what is in the best interest of the child when deciding the issue of residential custody.
In such cases where there is a significant disparity of income between one parent and the other the court will often mitigate that difference with awards of child support and alimony.
Source: Bradley H. Trushin, Esq., Florida Family Law Blog
A divorce is usually a last resort in attempt to fix broken hearts, rectify emotional distress, and discover, if only, a sliver of peace of mind. And while the process of change can be a very difficult road to go down, it is all too often the case that moving on, and determining the circumstances under which change can happen, is the most laborious task of all.
Alimony was a very common occurrence in the divorce landscapes during the past few decades. A family that split up due to one individuals fault or the other would find that their standard of living has decreased immensely for a number of reasons. Whether it was because there was only one breadwinner in the household or because the ex-spouse simply held a heart of scorn against his or her counterpart, one spouse would win financially over the other.
Now, though, the landscape is changing as the nuclear household is not what it used to be. More and more women are out working and bringing home income as their husbands. Parental and familial rights are more equally distributed between couples and so are stressful concerns. These days alimony has become less of a requirement and more of a safety precaution, depending upon the specific circumstances of the situation.
There are a large number of factors that go into determining who gets alimony, how much, and why. The court may look at the health of the individuals involved; sometimes one spouse may be terminally ill, or needs money specifically for medication. Age can also play a role, as well as the length of the marriage, the amount of time that they may be have been separated before divorce, and the earning potential of the two individuals. Alimony can be given indefinitely or for a specified amount of time.
There have been arguments against alimony be people who claim that the court order is unconstitutional. The argument points to the thirteenth amendment, which forbids involuntary servitude. The fact that individuals are ordered by the government to pay money to an ex-spouse is considered a direct violation of that clause. Secondly, alimony supposedly violates the equal protection clause under the fourteenth amendment, due to the lack of reciprocal action or benefit.
Technicalities aside, alimony still remains at least an option in the divorce processes. It is very important to employ the trusted aid of an experienced divorce or family law attorney. For more information on alimony and other divorce related topics, please visit www.jmmflaw.com.
Source: Joseph Devine
Florida is an equitable distribution state, meaning when you file for divorce, the court will divide the assets and liabilities 50/50 unless a party argues for a different distribution percentage. By having an antenuptial agreement (also known as a prenuptial agreement or “prenup”), parties can determine before they marry how their assets and liabilities will be distributed should a divorce occur.
Who needs an Antenuptial Agreement?
· You have assets such as a home, stock or retirement funds
· Own all or part of a business
· You may be receiving an inheritance
· You have children and/or grandchildren from a previous marriage
· One of you is much wealthier than the other
· One of you will be supporting the other through college
· You have loved ones who need to be taken care of, such as elderly parents
· You have or are pursuing a degree or license in a potentially lucrative profession such as medicine
· You could see a big increase in income because your business is taking off, or that garage band you play in has just gotten a contract with a big record company.
Why have an Antenuptial Agreement?
· To establish your own rules for property division and avoid potential disagreements in the event of a divorce
· Save money on attorney’s fees, time spent in court, and reduce the level of emotional distress of divorce court
What can an Antenuptial Agreement do for me?
· Financial disclosure prior to the marriage
· Protect inheritance to children born before the marriage
· Protect family heirlooms, antiques other property
· Protect inherited property you receive during the marriage
· Distinguish joint and separate property
· Determine the division of assets and liabilities
· Protect business owner’s assets
· Protect self from debts of the other party
· Various monetary agreements
· Retirement benefits
· Bank accounts
· Bills
· Taxes
· Various nonmonetary agreements
· Personal preferences/duties
· Pets
What can’t an Antenuptial Agreement do?
Cannot dictate child visitation, child support, child custody
How do I get an Antenuptial Agreement?
Please contact my office to discuss drafting a valid Antenuptial Agreement to protect your interests.
by Jan M. McCray Flemmons, Esq.
Our older generation (think baby boomers) are less likely to get married or remarried than ever before. Reasons given are: bitterness involved in divorce, financial impact of divorce, Florida’s alimony laws, more socially acceptable to cohabitate without marriage, possible negative effect on social security benefits, possible negative effect on future home ownership, and effect on retirement age and future.
An interesting aside: for our younger generation, cohabitation is a precursor to marriage; for our older generation, cohabitation is an alternative to marriage.
Source: DEIRDRE CONNER, The Jacksonville Times-Union. Read the full article here.
Former husband kidnapped, bound, gagged, drugged, tortured, and his soon to be ex-wife for five days, then coerced his wife to give them all of their assets in their divorce.
Wife escaped. Husband caught. Bond set at $10M.
All because he didn’t want to pay alimony, or so he says.
(Seems to me that alimony is far from his mind at this point.)
