Month: September 2019

When Parent Relocation is Murder

Parent relocations are stressful, but can they lead to murder? Years after a contentious Tallahassee divorce, the trial of the murderers of FSU law professor Dan Markel is underway. Many suspect he was murdered for contesting parent relocation.

Parental Relcation Murder

In Cold Blood

More than five years after his horrific murder, and after numerous delays and postponements, the trial of two of the alleged murderers of law professor Dan Markel got underway in Tallahassee this week.

Professor Markel was gunned down in his driveway after sending off his children for the final time. The trial of two of the alleged perpetrators, Sigfredo Garcia, one of the alleged gunmen, and Katherine Magbanua, the alleged go-between who set up the murder, began this week.

A third man formally accused in the plot — Luis Rivera — says he joined Garcia on the hit and agreed to split $100K with the other two. Rivera already took a plea and will be the star witness.

Unfortunately, Rivera can’t give police the one thing they don’t have: a case against the people who offered up the $100,000 payment he says the crew were promised. Police believe it’s the family of Markel’s ex-wife, Wendi Adelson, who now has custody of the couple’s children and has kept them cut off from their paternal grandparents.

Adelson divorced Markel by moving out of the house and leaving divorce papers on the bed while Markel was on a business trip. After Markel was killed, Adelson told police that her brother joked about hiring a hit man to kill him and she tearfully admitted that she suspected this was done on her behalf.

Miami area Defendant Katherine Magbanua is the ex-girlfriend of Wendi Adelson’s brother, Charlie Adelson, who is also from the Miami area, who may be an unindicted co-conspirator.

Florida Parent Relocation

I’ve written about Professor Dan Markel’s case before. Parent relocations with children during a divorce happens frequently in our mobile society.

In Florida, “relocation” is defined as changing a parent’s principal residence to a new one at least 50 miles away from his or her current address for at least 60 consecutive days. Relocation is a topic that I have lectured and written on before.

Florida has a relocation statute, which in addition to defining relocations, sets out the requirements a parent needs to fill to legally relocate by agreement or court order.

The relocation statute is very technical, and lays out very specific factors a relocation parent must prove, and the court must consider to determine if the proposed relocation is in the best interests of the child.

There is no presumption in favor of or against a request to relocate with the child even though the move will materially affect the current schedule of contact, access, and time-sharing with the nonrelocating parent.

Instead, the court looks at specific factors, such as: the child’s relationship with the relocating parent and with the non-relocating parent, the age and needs of the child, the ability to preserve the relationship with the non-relocating parent; and the child’s preference, among others.

Of course, if one of the parents dies during the divorce proceedings, that would likely cause the divorce, and related issues of parent relocation with the children, to be dismissed.

Murder She Wrote

The divergent theories of Professor Markel’s killing surfaced as attorneys laid out their cases and testimony finally began in the trial of a Miami couple charged in the alleged murder-for-hire plot.

Defense attorneys for Sigfredo Garcia and Katherine Magbanua sought to distance their clients from prosecutors’ theory that the pair carried out the grisly end of a scheme financed by the family of Markel’s ex-wife Wendi Adelson. Investigators say the motive “stemmed from the desperate desire of the Adelson family” that Wendi and the couple’s two young sons be allowed to move to South Florida in the fallout of a contentious divorce with Markel.

Magbanua is the accused conduit between the Adelsons and the killers, Garcia and his friend Luis Rivera. Prosecutors say they drove from Miami to Tallahassee to shoot Markel in July 2014. The pivotal question is why the Adelson family is not facing charges, Kawass told jurors during her 30-minute opening. She asked them to follow the evidence, which prosecutors will present piecemeal.

“There is no direct evidence (Magbanua) was involved. Zero. And that’s because she wasn’t involved. She had absolutely nothing to do with this case,” she said. “The government made it very clear who is behind the killing of Dan Markel. Why aren’t the Adelsons here? Why aren’t they charged? Because they don’t have the evidence to do it.”

Details of the Tallahassee Police Department probable cause affidavit released the morning of June 2, 2016 reveal the route taken by murder suspect, Sigfredo Garcia.

Before the two defense attorneys made their case, prosecutor Georgia Cappleman traced the murder-for-hire allegations.

“Wendi Adelson had a problem and the name of that problem was Dan Markel. And the solution to that problem was Sigfredo Garcia, Katherine Magbanua and Luis Rivera. I believe that you will be convinced the state is not pulling a fast one on you but rather that Katherine Magbanua was hired to solicit Garcia to in turn solicit Rivera to come to Tallahassee and execute Mr. Markel in cold blood.”

Garcia’s attorney began his opening statements by pointing out that the third man charged, Luis Rivera, only received a seven-year sentence for his confession. But the statements to investigators by the state’s key witness were rife with inconsistencies, he told the jury.

The Tallahassee Democrat article is here.

 

The Great Chinese Divorce Fraud

Divorce rates are rising in China for many reasons, but one recently uncovered reason is found in a family which divorced 23-times in one month! The new Chinese divorce fraud is the hot ploy to avoid Chinese property laws and make money.

Chinese Divorce Fraud

23rd Time is a Charm

Unlike older generations who may have settled for an unhappy marriage, divorce is no longer socially taboo in China. That may have led to one family in the city of Lishui to take the new divorce fraud to extreme lengths, churning through 23 divorces and weddings in a month.

Divorce is becoming simpler in China. Couples can either register a divorce with the civil affairs authority, indicating they have agreed to go their separate ways, or they can sue for divorce through the courts, which can rule on custody of children and how to dispose of any assets.

In the first six months of this year, 1.85 million couples registered for divorce with the civil affairs authority alone, an increase of more than 10 per cent compared with the same period last year. Three decades ago, in 1986, 460,000 couples registered their divorces with the civil affairs authority. By 2016, that annual number had risen to 4.15 million.

However, the Lishui family was not divorcing for typical reasons. The Chinese government has limited each household to a maximum of two apartments. Other notable policies allow potential home buyers who don’t already own property to make much lower down payments as well as enjoy lower tax and mortgage rates.

The new divorce fraud was aimed at getting more money from the government and developers when the Lishui family house was demolished for a new development. Under the system, each member of the household would be entitled to 40 square meters of space in the new development.

In China though, the preponderance of fake divorces in any given city may indicate the failure of real estate policy at the local level.

Florida Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove adultery, desertion or unreasonable behavior as in England.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

The Great Fraud of China

It all started with Mr. Pan, who lived in the house, remarrying his ex-wife, and allowing her to qualify for the compensation plan. Two weeks later, he divorced her and married his sister-in-law, adding her to the plan. On it went, with each new family member enlarging the amount of space to be awarded as compensation, until government authorities discovered the house suddenly was home to 13 people, and promptly arrested 11 of them.

While it’s an extreme case in property-obsessed China – where would-be home buyers have to navigate a shifting array of property curbs – it’s probably more understandable given home prices in Lishui have surged as much as 31% in the past two years.

According to the compensation policy, people living in the village slated for renovation — even those who were not property owners — would be given minimum compensation of one 40-square-meter apartment as long as their household registration, or hukou, had been filed within the village by April 10.

When interrogated by police, Pan’s father — who had been party to the sham marriages and divorces himself — said he had assumed the family’s actions were legitimate since they had not violated China’s marriage law. “In doing this, we were just trying to get more compensation.”

According to the chief marriage lawyer at Beijing Yingke Law Firm:

Just because a person is following one law doesn’t mean they’re not breaking another. The family used a legal avenue to achieve an illegal end. The marriage law doesn’t forbid marriages and divorces — but in this case, the family used marriages and divorces as a means of committing fraud. While they didn’t violate the marriage law, they acted against the criminal law.

In April of this year, home buying policies in select urban areas were further tightened. Now, regardless of whether a divorced person is buying their first or second property, banks will evaluate them based on both their property ownership status and mortgage records — meaning even if they have no property registered in their name, an apartment they’re hoping to purchase can still be considered a second home, subject to a higher down payment and mortgage rate, if they have made previous mortgage payments.

The Bloomberg article is here.

 

New Divorce Fraud Case

A Texas man is wanted by authorities for divorcing his wife — apparently without her knowledge or consent. This new divorce fraud case is another example of how careful you need to be in this stressful area of law.

New Divorce Fraud

Divorce Fraud in the Lone Star State

Paul Nixon, 51, allegedly broke off his marriage from his wife using forged documents behind her back, authorities claimed. Nixon’s wife told investigators on May 14 that her husband:

“filed for divorce and completed the entire proceedings without her knowledge or consent and that the court had already completed all hearings and filed the final divorce decree.”

Nixon, of Harris County, submitted “several forged documents and false information” to a district court, “including a forged waiver of service” and a forged signature from a notary public in an effort to divorce his wife,” according to a press release posted on the constable’s Facebook page.

Mark Herman of Harris County Constable Precinct 4 said on Facebook that Paul Nixon committed aggravated perjury when he went through the divorce process without his wife’s consent.

According to Herman, authorities received a call on May 14 from a woman who said her husband had allegedly completed the divorce and that a court already filed the final decree.

Through the investigation, authorities found that Nixon forged documents and submitted false information to the court. He also allegedly submitted a waiver of service with a forged signature from a notary.

Florida Divorce Fraud

I’ve written about various aspects of divorce fraud involving property. In Florida, courts distribute the marital assets, such as bank accounts, between parties under the premise that the distribution should be equal, unless there is a justification for an unequal distribution.

Some of the factors to justify an unequal distribution of the property include things like the financial situation the parties, the length of the marriage, whether someone has interrupted their career or an educational opportunity, or how much one spouse contributed to the other’s career or education.

Another important factor is whether one of the parties intentionally dissipated, wasted, depleted, or destroyed any of the marital assets after the filing of the petition or within 2 years prior to the filing of the petition.

Dissipation of marital assets, such as taking money from a joint bank account, happens a lot. In those cases, the misconduct may serve as a basis for assigning the dissipated asset to the spending spouse when calculating equitable distribution.

Misconduct, for purposes of dissipation, does not mean mismanagement or simple squandering of marital assets in a manner of which the other spouse disapproves. There has to be evidence of intentional dissipation or destruction.

Texas Hold ‘Em

Back in Texas, Mr. Nixon, is wanted by police for aggravated perjury after he allegedly submitted forged documents, divorcing his wife without her knowledge, officials said.

Nixon’s wife “was very surprised,” Constable Mark Herman told the New York Post. “In this particular case, the gentleman decided to go through a divorce but the only problem is, he left his wife out of the process. And that’s a violation of the law here in Texas.”

The constable said Nixon’s wife “started finding things showing that he was spending money on jewelry, so she confronted him and he told her that they were actually divorced.”

Nixon and his wife were only married for a “couple of years” before he moved forward with their divorce, without her. Nixon now faces up to 10 years in prison if he is found and convicted. As far as his marriage goes, no new divorce proceedings have been filed.

The Fox News article is here.

 

 

An American learns about Divorce and Housing in Saudi Arabia

An American nurse involved in a long divorce battle in Saudi Arabia, and claims authorities have consistently discriminated against her because she is a foreign woman, is getting a quick lesson on who pays for temporary housing costs in the desert kingdom.

Divorce Housing Costs

Shifting Sands

Teresa Malof, 51, says she has been mistreated in her attempts to divorce her ex-husband Mazen al-Mubarak, the father to her three children. Malof, who is originally from Cincinnati, Ohio, married al-Mubarak in 2000 and filed for divorce in 2015. While the divorce was approved, the settlement is now bogged down in the courts and entering its fifth year.

al-Mubarak, the son of Saudi Arabia’s former ambassador to Qatar, has used his wife’s unfamiliarity with the Saudi legal system and inability to speak Arabic to turn the tables against her, she told Insider.

The most obvious injustice, in Malof’s view, is that al-Mubarak lived alone in a house in Riyadh for many years, for which she paid the mortgage of $2,831 a month for years while he lived in it alone.

According to Insider, which has reviewed official Saudi court documents, the court documents confirm that she launched legal proceedings to evict her ex-husband, made payments for the house while he lived there, and that she submitted formal complaints about the judge’s conduct.

It came to a head in August 2018 when she broke into her house and changed the locks while al-Mubarak was abroad, she said. Malof claimed that recently the judge in her case abruptly annulled her divorce, making her technically married again. Malof contends that the judge did not have the power to do this.

“I just want it to be finished,” Malof told Insider. “Foreign women are discriminated against here in the courts.”

The US Embassy in Riyadh confirmed to Insider that it was assisting Malof. US Embassy press attaché Peter Brown said: “We are aware of the case and providing appropriate consular services. Due to pending legal proceedings, we have nothing further to share.”

Florida Divorce Housing Costs

I’ve written about the marital house during a divorce before. In a dissolution of marriage, temporary alimony can be awarded so that the home mortgage is paid for. Each party’s sources of income and ability to pay are factors to be considered in determining whether alimony is appropriate, and if so, in what amounts.

There are a few other issues when it comes to housing in divorce:

Children’s Issues

Until a divorce parenting plan in place, if you are interested in maintaining a meaningful relationship in your child’s life, leaving the home before a timesharing agreement is entered may show a lack of real interest in the child’s daily life.

Moving out can create the appearance of a new ‘primary residential parent’ by default. Worse, if the process takes a long time, it creates a new status quo.

Cost

The person leaving during a divorce may still have to contribute for the expenses of the home while also paying for a new home. It can be costly, and prohibitive expensive when you know that the process will take a long time.

Settlement

Staying in the same home could create an incentive to negotiate a final settlement because living with your soon to be ex-spouse is very uncomfortable. However, if someone moves out, the person remaining in the home is sitting pretty and may be less inclined to settle.

Fold Up the Tent?

Malof told Insider that her house, in the al-Khozama district of Riyadh, was part of the agreement when the two split. She said al-Mubarak agreed to pay for $183,000 for it, but has yet to produce the money. Malof has been prevented from selling the house by the judge’s decision to freeze the deed at the request of al-Mubarak. Malof has compiled a wide-ranging list of grievances against the court.

She claims that the judge has held court hearings without her knowledge, has omitted evidence from court minutes, has refused to give her an interpreter, credited her with making statements that she never uttered, and has met with al-Mubarak separately behind closed doors.

Malof says she was not informed of hearings on April 11, June 25, and September 5 last year. The last of these, she says, was the one where the judge froze the deed on her house, blocking her from selling it. Malof told Insider that the judge “has put several times in the minutes that there is an ‘agreement’ between me and al-Mubarak and the house is shared, which is not true.” Minutes are the formal legal record of how a case is progressing.

The case follows that of Bethany Vierra, a US citizen who became trapped in Saudi Arabia by the Kingdom’s guardianship laws in March, and later lost custody of her child when her ex-husband used images of her in a bikini to show she was unfit to parent.

Malof’s and Vierra’s stories highlight the reality for non-Saudis under their legal system, which is based on the Qur’an, which contains God’s revelations to the Prophet Muhammad, and the Sunnah, the traditions of the Prophet Muhammad.

In some cases, evidence submitted to court is invalid unless witnessed by two Muslim men.

Malof was given an attorney by the Saudi government’s Human Rights Commission at first, but has now hired her own, Hazim al-Madani. “I have lived in this country for more than twenty years” she told Insider. “Going public and talking badly about Saudi Arabia has never been my goal. However, what choice do I have?”

The Insider article is here.

 

Proving Income for Alimony in the Big Apple

Former New York City Mayor, Rudolph W. Giuliani, filed for divorce and set off a rancorous battle, in part, over how much income the former Mayor actually makes. Proving his income is important for determining her alimony and can be a tough question in the Big Apple.

income divorce big apple

It’s up to you New York

In caustic legal proceedings the couple has battled over many things like kitchen renovations, splurges of $7,131 on fountain pens and $12,012 on cigars. But the primary issue is Mr. Giuliani’s current income.

His wife believes that Mr. Giuliani left his law firm, Greenberg Traurig, in 2018, a month after the divorce was filed, and chose to work for President Trump pro bono in order to reduce any future alimony.

Mr. Giuliani earned $7.9 million in 2016 and $9.5 million in 2017, funding the couple’s roughly $230,000 a month lifestyle. In 2018, the year he began working for the president, Mr. Giuliani’s earnings dipped to $6.8 million, and he has suggested that this year’s income will be well below that.

Mr. Giuliani now gives his wife $42,000 a month, as well as covering other bills, including the carrying costs for their properties, as ordered by Judge Katz in February. Mrs. Giuliani must pay for the landscaping at their home in Southampton.

Mrs. Giuliani says she had no choice but to take him to court, to prove what he is actually worth financially and to get what she believes she is fairly entitled to.

Florida Alimony

I’ve written about the very public circus-like Giuliani divorce before, and on the subject of alimony in Florida. In every Florida dissolution of marriage case, the court can grant alimony to either party – husband or wife.

Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or permanent alimony.

Florida courts can also award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments.

In determining whether to award alimony or not, the court has to first make a determination as to whether a wife or a husband, has an actual need for alimony, and whether the other party has the ability to pay alimony.

Proving the ability to pay is one of the central issues in the Giuliani divorce right now because his income dropped right before he filed for divorce. Typically, courts consider any type of earned income or compensation — that is, income resulting from employment or other efforts — along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony – sometimes referred to as the ability to pay alimony – it has to decide the proper type and amount of alimony. In doing so, the court considers several factors, some of which can include:

  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The age and the physical and emotional condition of each party.
  • The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
  • The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate.

But, after establishing a need for alimony, how much income is there to determine ability to pay?

Life in the Big Apple

Mrs. Giuliani said in an interview.

“I feel betrayed by a man that I supported in every way for more than 20 years, I’m sad to know that the hero of 9/11 has become a liar.”

But to hear Mr. Giuliani’s circle and his legal team tell it, Mrs. Giuliani’s endgame tactics are merely an extension of her personality, which they have not and do not describe kindly.

They portray her as being a social climber through marriage, someone who rose from her background as a nurse by marrying twice, before meeting the mayor of New York City.

And once she found her third husband, Mrs. Giuliani was accused of pushing her new husband’s children and many of his nearest friends away in an effort to control him.

“She has put 20 years into this relationship,” said her friend Andrea Ackerman, a real estate agent from whom she has purchased six homes. “She is not folding. Not this time, uh-uh.”

If there is one regret for Mr. Giuliani as his life once again upends in public, it is that his personal problems end up ensnaring the people around him, he said in an interview:

“Everybody’s life around you is being disrupted. You get the pain of that, but also you get the satisfaction of what it means to be in public office — they don’t. There is a certain amount of guilt in that.”

The New York Times article is here.

 

When Mama Grizzlies Divorce

Citing “incompatibility of temperament” and that “they find it impossible to live together as husband and wife” Todd Palin filed for divorce from former Alaska governor, one-time vice-presidential candidate, and self-described mama grizzly, Sarah Palin, his wife of 31 years.

Divorce Grizzly Bears

Alaska The New Frontier

In a document filed in Anchorage Superior Court, Todd Palin, 55, asked to dissolve the marriage, citing an “incompatibility of temperament between the parties such that they find it impossible to live together as husband and wife.”

The divorce filing uses initials rather than full names, but identifies the couple’s marriage date and the birth date of their only child who is a minor, Trig Palin. The filing asks for joint legal custody of the child.

The Palin family rocketed to national prominence in 2008 when Republican presidential nominee John McCain chose Palin as his vice-presidential candidate, making them household names and focusing the country’s attention on their hometown of Wasilla.

The marriage of the uber mama grizzly, Sarah and her husband Todd, a commercial fisherman, snow machine racer and oil field worker, was frequently on display in TV interviews, reality shows, books and other media appearances.

Florida Divorce

Alaska is a “no fault” divorce state, which allows for divorce on the basis of an “incompatibility of temperament.” This means that even if your spouse is entirely opposed to ending your marriage, you can still request, and receive, a divorce from the Court if you allege what the Palins alleged: “incompatibility of temperament between the parties such that they find it impossible to live together as husband and wife.”

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves around the world to make all divorce no-fault, there is also a counter-movement to return to the old “fault” system to promote families.

North to the Future

Since leaving office, Sarah Palin has kept a low profile in Alaska politics, while maintaining a national profile through her books, speaking engagements and social media presence.

The two have been married since 1988 and have five children: Track, Trig, Bristol, Willow and Piper. Todd Palin’s filing asks for shared custody of Trig, who has Down Syndrome. Todd Palin, unlike his famous political wife, has largely steered clear of headlines since she burst on the national scene during 2008 presidential election cycle.

He was in a snowmobile accident in 2016, in which he suffered broken and fractured ribs and a collapsed lung, a broken shoulder blade, a broken clavicle, and leg injuries. It was one of the few times the husband made headlines.

The couple’s children have also lived in and out of the spotlight over the years. Track Palin, their eldest son, was sentenced to a year in custody last year after a female acquaintance said he told her that she could not leave his house in Wasilla, took away her phone and then hit her in the head.

In December 2017, Track Palin was accused of breaking into his parents’ home and leaving Todd bleeding from cuts on his head, authorities said. He pleaded guilty in June 2018 to a lesser charge in veterans court.

The couple’s daughter Bristol Palin briefly starred in MTV’s “Teen Mom” franchise but quit the series in April. She said in her announcement that the reality series wasn’t a good fit for her and that “walking away from this show allows God to rebuild me (and my little fam) in the right direction.”

Bristol Palin was 17 when she found out she was pregnant with her son, Tripp, who she had with former fiancé, Levi Johnston. She also has two daughters, Sailor Grace and Atlee Bay, with former husband, Dakota Meyer.

The Anchorage Daily News article is here.

 

Wrestling over Attorney Fees in Divorce

Hulk Hogan, the famous professional wrestler who calls everybody “brother”, is now saying “uncle”. A family court judge in Tampa Florida has ordered that Hogan has 30-days to pay his ex-wife Linda Bollea more than $180,000 in attorney fees and costs in his post-judgment divorce case.

attorney fees divorce

Get Ready to Rumble

Hulk, whose real name is Terry Bollea, married Linda Bollea in 1983. Linda Bollea, 59, divorced the pro wrestler, whose real name Terry Gene Bollea, after 23 years of marriage when an alleged mistress went public in 2008. The parties entered into a marital settlement agreement in December 2009.

Linda alleges she’s had to fight Hogan, 65, to get what was agreed upon ever since. Hogan is taking Linda back to court in his attempt to block her from seeing the books on Intellectual Property that she may own half of.

“It has been nine years since our divorce and I have received nothing but frivolous legal battles meant to harass and drain any monies I received upfront from our original divorce agreement. He’s hidden money, transferred and diverted money, switched trademarks, cooked the books, everything he could to make sure I get as little as possible from the brand I helped him build and turn into a global success.”

In August 2019, Judge Peter Ramsberger ruled that the Hulkster was responsible for “the vast escalation of fees and costs,” surrounding their prolonged divorce and legal battle to which his ex-wife Linda said the former wrestling star has repeatedly failed to pay.

The initial 2009 marital settlement agreement entitled Linda Bollea to 70% of their liquid assets, properties and 40% of Hogan’s earnings from his $115 million Gawker settlement.

Hogan sued website, Gawker, after the gossip site published a sex tape of Hogan containing racial slurs muttered by the wrestler in 2012.

The one-time most famous wrestler in the world was then dropped by the WWE and admitted to being a “racist, to a point,” but also apologized saying the “language that is offensive and inconsistent with my own beliefs.”

Florida Attorney Fees in Divorce

Attorney fees and costs can be high in a Florida divorce case. One way to level the playing field of high divorce fees and costs in Florida is to ask one side to pay for attorneys’ fees.

In Florida attorney’s fees may be awarded in a divorce, including enforcement and modification proceedings, separate maintenance, custody and support proceedings and appellate proceedings.

The court may from time to time, after considering the financial resources of both parties, order a party to pay a reasonable amount for attorney’s fees, suit money, and the cost to the other party of maintaining or defending any proceeding. The same is true in paternity actions under Chapter 742.

I’ve written about reducing attorneys’ fees through various means before. The purpose of awarding attorneys’ fees is to make certain that both parties in a divorce proceeding “will have similar ability to secure competent legal counsel.”

There are also fees for frivolous cases. A reasonable attorney’s fee can also be awarded to the prevailing party if the court finds that someone brought a claim that was not supported by the material facts the then existing law to those material facts.

Hulkamania is running wild, Brother

Judge Ramsberger ruled:

“His early compliance or good faith efforts to timely comply with petitioner’s discovery requests would have avoided a considerable amount of time having to be spent by petitioner’s counsel in doing what they have had to do in order to accomplish their rightful discovery requests, and properly represent his client.”

Hogan has one month to pay over $170,000 in attorney’s fees his former wife has spent while litigating their post-judgment proceedings, and an additional $10,260.25 in excess costs and legal fees.

Linda Bollea’s attorney shared his enthusiasm for the settlement:

“We were rightly awarded 100 percent of our fees, costs and travel expenses and fees requested incurred just to that point in combating Hulk Hogan and his controlled Entities obstructive and costly discovery prevention. Consistently, Hulk Hogan and his controlled Entities did all they can to prevent Linda from obtaining the discovery proving his failure to comply with their marital settlement agreement and diverting of money Linda should be receiving.”

The Fox Business article is here.