Category: Board Certified Lawyer

Super Lawyers

I am pleased to announce that I have been selected to the 2017 Super Lawyers list in the area of Family Law.

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

The Super Lawyers lists are published nationwide in Super Lawyers Magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers Magazines also feature editorial profiles of attorneys who embody excellence in the practice of law.

I am also board certified in marital and family law, currently serve on the Executive Council of the Family Law Section of the Florida Bar, and I am a member of both the California and Florida Bars. My most recent articleTo Catch a Time-sharing Deviation” was published in The Florida Bar Journal, and is cited as a reference in the Florida Benchbook – which is published by the Office of the State Courts Administrator. I am also a frequent speaker, and have lectured to different professional organizations including, the Florida Bar, the Florida Chapter of the AFCC; Miami-Dade County Family Court Services; and The First Family Law American Inns of Court.

Board certification is certification from The Florida Bar, and recognizes attorneys’ special knowledge, skills and proficiency in various areas of law and professionalism and ethics in practice. Board certified lawyers are evaluated for professionalism, and tested for expertise. Certification is The Florida Bar’s highest level of evaluation of the competency and experience of attorneys in the 26 areas of law approved for certification by the Supreme Court of Florida.

For more information visit superlawyers and rhkauffman

 

Does Adultery Impact Your Divorce?

On behalf of Ronald H. Kauffman, P.A. posted in Board Certified Lawyer on Wednesday, May 8, 2013.

Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, “he (or she) is sleeping with a co-worker” doesn’t hold much traction in court anymore. Anyone can file for divorce without proving any reason for it other than the marriage is “irretrievably broken.” Or is it? When is adultery relevant in divorce?

However, there is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not in the way most people think. Here’s a quick review of when adultery can potentially creep into your divorce:

Parenting Plans/Custody

Chapter 61 discusses the “the moral fitness of the parents” as one of the factors the court considers in determining the best interests of a child. So, if one parent can prove that the other parent’s adultery had, or is reasonably likely to have, an adverse impact on the child, the judge can consider adultery in evaluating what’s in the best interest of the child.

Equitable Distribution

Adultery may impact the division of property. Florida is an equitable distribution state, and it is presumed that property should be evenly divided. This presumption may be overcome by proof that one spouse intentionally wasted marital assets. This waste is sometimes known as dissipation. Paying for expensive jewelry, foreign trips, rent, car payments, and dinners for girlfriends and boyfriends is considered wasting marital assets. The court has the power to reduce an adulterer’s equitable distribution to credit the marital estate for waste.

Alimony

Florida law specifically provides that a court may consider the adultery of either spouse in determining the amount of alimony, if any, to be awarded. However, courts have struggled to reconcile the “fault” of adultery with the concept of “no-fault” divorce. The result is a mix of opinions depending on the judges.

Sometimes, evidence of adultery comes into evidence. Sometimes, it doesn’t. A board-certified expert in marital and family law will be able to advise you whether adultery should be a factor in your divorce.

Remember there are two sides to every story. Even though you may not get to tell your side of the story, your spouse will be prohibited from sharing his or her condemnation of you too.

Some Common Divorce Mistakes to Avoid

On behalf of Ronald H. Kauffman, P.A. posted in Board Certified Lawyer on Saturday, October 13, 2012.

During the first meeting with divorcing clients, I frequently bump into similar problems. Many clients make some common mistakes, and some of the suffering associated with divorce can be self-inflicted, or at least avoidable. Below I’ve listed some of the frequent mistakes I see, in the hope, you can avoid them.

Not reading your prenuptial agreement

If you are going to sign a prenuptial agreement before your marriage, you should take the time to speak to a board-certified specialist in marital and family law. The prenup may, nor may not be, in your best interests, but almost always favor the richer and more powerful party. Florida adopted the UPAA (Uniform Premarital Agreement Act). The rules for drafting enforceable agreements are now pretty clear, although the date of your agreement can have a big impact on which law applies. Alimony waivers remain somewhat problematic, because a trial court has the authority to disregard some of them. However, appellate decisions are moving towards upholding them.

Adding someone to the title of your non-marital property

Property owned prior to marriage is your non-marital property. As long as the other spouse is not joined in title, your property will remain non-marital, with one very important qualification: If there is a mortgage on the property that is paid down with marital funds, the marital estate may have a claim to the enhancement in value to your non-marital property. If you transfer the title from you alone, to you and your spouse, you may have converted the asset to marital property.

Commingling Property

Commingling is a little like adding your spouse to your non-marital property. If you want double the price of your divorce, even if you have a prenuptial agreement, mingle all of your non-marital investment accounts money together into one account. Commingling creates a host of issues and an accounting nightmare. If you want to claim your non-marital property funds in a commingled account, you will be required to do an expensive and difficult trace of the funds using a forensic accountant. A safer way to maintain your non-marital funds is to keep them in a separate account. If you need to make cash infusions into a marital account, realize that you are probably kissing the funds goodbye.

Misplacing Important Documents: prenups, bank records, property records and investment accounts

Record keeping is not fun but has gotten a lot easier with scanning hardware and software. Bank records, investment records, tax returns and prenuptial agreements represent evidence which will become a part of your case.

Hopefully, you can avoid some of the problems I frequently run into when interviewing potential new clients.