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Divorce Lawyers Behaving Badly

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, January 23, 2017.

A New York appeals court has upheld a $10,000 sanction against an attorney for bad faith conduct in handling his own divorce.

As the U.S. Supreme Court has found:

“[t]he adage that a lawyer who represents himself has a fool for a client’ is the product of years of experience by seasoned litigators.”

Divorce is a specialized area of the law, with its own rules and ways, most lawyers who attempt to represent themselves find themselves ill-equipped to competently handle the procedural or substantive aspects of their divorce cases on their own.

Also contested divorces are almost guaranteed to be emotionally charged, so a self-represented lawyer may be hard-pressed to summon the level of rational thought and independent judgment that is required of a capable litigator.

In a New York divorce case, an attorney representing himself was found to have used his pro se status to inflict harm on his wife, their child and the court, and in so doing cause significant harm to himself. The court found:

the attorney’s ill-advised behavior seriously calls into question his fitness to practice law. It is also, according to defendant and the attorney for the child, indicative of a personality that makes plaintiff incapable of properly parenting the parties’ child.

The first judge, in Washington D.C., also found:

That a motion the attorney brought was “replete with intemperate and uncivil language about which the Court previously cautioned him” and that “much of the matter . . . is redundant, immaterial, impertinent, or scandalous.”

On the front of the copy of the reconsideration motion that the Husband filed, a handwritten note was attached that stated:

“You’re pathetic! (Judicial Complaint forthcoming).”

Then, to a New York judge – after the case was transferred from D.C. – the lawyer is reported to have said:

I just want to make it known on the record that I am tired of the lies coming from the court and tainting of the record, knowing full well this is going to go to the Appellate Division.

I’ve written about courtroom behavior before. Divorce turns spouses against each other, to view each other with suspicion, and as enemies. Not surprisingly, good relations after the divorce seem unlikely, and future friendships seem impossible.

It takes a lot to make up with the person who may have ruined your life, or who has become public enemy #1.

The decision is available here.

Divorce to Save Taxes?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Taxes on Tuesday, January 17, 2017.

If you were divorced as of 11:59 p.m. on December 31st, you can file as single for the entire year. High-income married couples can get hit with the “marriage penalty” because their combined incomes put them in a higher tax bracket.

As Marketplace reports, filing “single” could be better for you, and every cent counts. Some can be better off filing “married jointly”, but sharing any tax savings sharing information with your soon-to-be Ex, may make filing “single” your choice.

I’ve written about divorce and taxes before. The 2012 American Taxpayer Relief Act made permanent the Bush-era expanded standard deduction, and the expanded 15% bracket for joint filers.

But for high-income earners, the 2012 law raised taxes on couples making more than $450,000, and individuals making more than $400,000. As it turns out, some couples found out they could save over $25,000 a year if they divorced.

Think about that for a second. If you could save over $25,000 a year in taxes, you could take a trip to Italy, ski Deer Valley, put a little cash away for college, and still have some mad money to spend just by divorcing and turning their marriage into a long-term relationship.

As Marketwatch further reports, speedy divorce seekers beware: judges can deny you an expedited divorce if you are looking for a quick split – even if that would mean over $25,000 in tax breaks.

There are also a lot of risks though, known and unknown. Consider how a divorce will impact your relationship. There is no fake divorce. Once the court signs the final judgment, you are divorced. IRS rules regarding your filing status have something to say.

In addition, there are estate planning issues, retirement and social security complications, and many other issues besides the mere tax savings.

The Market Watch article is here.

It’s Not You: New Year’s Divorce Rush

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, January 12, 2017.

You are not alone. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful in-laws.

As Market Place reports, being cooped up in a house for several days when a marriage is experiencing serious problems – while dealing with the pressure to put on a happy face for the kids and visiting relatives – takes its toll on the most stoic of couples.

I’ve written about the recent rise in divorce filings, and many times the holiday season can highlight problems. What should you do? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling. There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

As Market Watch further reports, there is good reason for treating a divorce like a calm business deal. Don’t rush to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic.

No one should make such a big financial decision when they are feeling tired and emotional. And divorces are one of the biggest financial decisions of your life.

Divorces are up there with getting married and buying a home. There’s one big difference with divorces though: They can be devastating for your finances, especially if your partner earned more money and the couple are forced to sell their home.

The Market Watch article is here.

Divorce and Your Data

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, January 3, 2017.

As former congressman Anthony D. Weiner and his soon to be ex, Huma Abedin, a top aide to Hillary Clinton found out, your data is not secure during divorce.

The New York Times reports that no matter a person’s level of technical skill, it can be difficult to hide digital behavior from a spouse, a spouse’s lawyers or, in Mr. Weiner’s case, federal investigators.

In August, Ms. Abedin, one of Mrs. Clinton’s closest aides and confidantes, informed her husband, a former congressman and mayoral candidate, that she wanted to separate after his latest sexting scandal. A federal investigation of Mr. Weiner revealed a trove of messages, including some belonging to Ms. Abedin.

I’ve written about the intersection of online social media and divorce before. In divorce proceedings, lawyers and investigators routinely mine public social media profiles for a glimpse into the activities of the client’s spouse.

But their investigations go far beyond that, as they sift through whatever data they can legally obtain for signs of hidden assets or to catch the spouse in a significant lie. Lawyers are likely more focused on questions of finance and child custody than lurid questions of adultery or betrayal.

Even so, a computer “tells you everything about a person’s character,” said Brook Schaub, a forensic analyst and licensed private investigator at the accounting firm Eide Bailly. It has “become the file cabinet, the stationery, the social networking, the everything,” he said.

The data that can become publicly available depends largely on the individuals’ penchant for privacy and how careful they have been. Even those who value privacy during the relationship are at risk of the former spouse finding sensitive data.

The first steps taken after the divorce process begins can be critical. Some recommend that clients create a new email account, stop sharing calendars and turn off the ability for apps on their phones to track their locations.

Someone committed to finding embarrassing or otherwise discrediting information about a spouse can most likely find a way, especially if he or she is willing to flout the law. Such revelations may not be admissible in court, but they could bring professional ramifications or personal embarrassment.

But there are also fully innocent and legal ways that a spouse can gain access to what was thought to be private data, especially among those lacking savvy with their technology.

As an example, a text message could go simultaneously to a phone and an iPad that was left with children or a former spouse, something many people forget or don’t know, especially if they didn’t set the devices up themselves.

The New York Times article is here.

Divorce and Chris Rock

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Wednesday, December 21, 2016.

Chris Rock surprised audiences at the New York Comedy Festival last week, taking the stage at the Apollo and telling the audience they’ll be seeing more of him on TV due to his divorce.

Rock joked:

“When you see me on ‘Dancing With the Stars’ . . . I’m not on crack, that’s just alimony!”

Rock finalized his divorce from his wife of nearly 20 years, Malaak Compton-Rock, this summer.

In a recent interview with The Guardian, the 50-year-old comedian opened up about how he’s faring since the 19-year marriage ended.

“I’m doing OK,” Rock told the paper. “You know, some days are better than others, some days you’re sad outta your f*cking mind. But my daughters are good and I’m only an hour away. Two houses close by. It’s good.”

Rock also addressed whether or not joking about the difficulties of marriage in his stand-up and films harmed the relationship in any way.

“Hey, I’m getting divorced now.” “Marriage is so tough, Nelson Mandela got divorced – he got out of jail after 27 years of torture, spent six months with his wife and said, I can’t take this sh*t no more.”

I’ve written about how to properly behave during the divorce process, and even how good relations with your Ex could save your life. Whether you’re in court or outside of court, how you treat yourself and spouse matters.

Take for instance, Erica Arsenault. Erica volunteered to donate a kidney to her former mother-in-law after her divorce. Erica made the incredible offer nearly 10 years after she divorced the woman’s son. They say the whole ordeal has brought a family separated by divorce closer than ever.

Chris Rock’s divorce hasn’t been the most peaceful one up to this point. According to divorce docs obtained by People, Rock claimed that his estranged wife had “repeatedly refused to permit [him] normal and usual access to the children, and has acted in a manner detrimental to the children’s best interests.

“Married guys know more about women than single guys. Single guys have girlfriends. Girlfriends are always auditioning, always on their best behavior. Wives are like Supreme Court justices. They do whatever the f— they want”

The Page Six article is here.

Divorce and Living Longer

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, December 8, 2016.

The oldest person in the world, Emma Morano of Italy, credits her longevity to a diet of raw eggs and divorce from her husband. Is there a positive side to divorce?

According to New York’s WPIX 11 T.V., Morano celebrated her 117th birthday on Tuesday and is now the only person alive to have lived through three centuries.

She was born Nov. 29, 1899, in the Piedmont region of Italy, back when King Umberto I reigned. Morano became the world’s oldest living person in May after American Susannah Mushatt Jones died at the age of 116.

When she was a teenager, a doctor suggested that Morano eat raw eggs to combat her anemia. She followed a stringent diet of two raw eggs, one cooked egg, a little minced meat and pasta for the past 90 years. With age, her diet has been cut down to just two eggs a day and some cookies.

The other secret to Morano’s long life: separating from her husband in 1938, decades before divorce was even legal in Italy, she says. Morano’s one true love was killed as a boy during World War I, and she did not intend to marry anyone else, she told Italian media outlet La Stampa in comments confirmed by her niece Antonietta Sala.

But she eventually married after her future husband forced her to do so. “He said, ‘If you’re lucky, you marry me, or I’ll kill you,'” Morano told La Stampa. A year after her 6-month-old child died, she left her husband. “I didn’t want to be dominated by anyone,” she told the New York Times.

I’ve written about the positive aspects of divorce in the past. The rise of divorce internationally, for example, has been an indicator of and force behind social changes that have improved prospects for women, reduced gender inequality, and fueled development.

All of which suggests that the more people are able to get out of bad marriages, the better off their societies are likely to be.

So, the more common divorce becomes in a society, the less of a stigma it’s likely to be. Conversely, divorce causes greater unhappiness in societies where it’s rare.

The period before a divorce people report low life satisfaction, but the period after it is comparatively satisfactory, especially for women as Emma proves.

The WPIX 11 story is here.

When The Judge is the Bully

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, November 29, 2016.

Mothers are coming forward saying a divorce judge is bullying people from the bench. They are accusing her of ripping families apart, failing to enforce child support orders and leaving children as collateral damage. What do you do?

A video was recently released in Las Vegas showing a tear-stricken 12-year-old girl who’d been home-schooled in her mother’s ballet studio for three years since her parents divorce. Pleading to stay with her mom, but being ripped from the home and the life she’d known.

In court, Judge Hughes said the child’s mother was alienating her from her father. But even he was not happy about the way the judge handled things, according to a comment he posted on social media.

No one from Family Court would comment on the judge’s behavior. A spokesperson sent a statement saying custody cases can be highly contentious and everyone has a right to appeal.

I’ve written about judges getting in trouble before. The legal profession provides fertile ground for bullying. It’s a fast-paced profession; it’s adversarial in nature; litigation brings a winner and loser; and even alternative dispute resolution, whose conduct is designed for compromise, can find counsel and parties jockeying for position.

The goal of bullying is to devalue and dehumanize the target or the other person. The consequences of being bullied include depression, demoralization, anxiety, absence, loss of productivity and even post-traumatic stress.

Bullies have power when they get people derailed from their professional task-focused relationship. Don’t get reactive and allow yourself to be knocked off that course is going to lead to bad results more often than not.

Some ways to cope:

* Recognize you are being bullied

* Don’t take it personally

* Maintain a realistic sense of your own worth

* Know the rules and recourse options

Judicial bullying can occur due to a judge’s personal insecurity, lack of an understanding as to the proper role of a judge and a reluctance to do the job.

Examples include:

* Undue pressure to settle or compromise

* Belittling attorneys on and off the record

* Revealing bias on and off the record

* Placing unreasonable demands on attorneys’ time, such as rocket docket, no continuances, no extensions

* Holding attorneys accountable for events beyond their control

The Las Vegas news article is here.

After the Trumpocalypse: Politics and Divorce

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, November 17, 2016.

The stress of Brexit is adding to pressure on couples on the brink of divorce. Lots of comparisons are made between the Brexit vote and our recent presidential election. Is America’s divorce rate about to increase like London’s?

According to the London Guardian, for partners who voted different ways in the Brexit referendum, the difficulty of reconciling opposing political views may be the final straw according to British divorce lawyers.

So much so, that a Dutch entrepreneur announced plans to set up a divorce hotel in the UK to help separating couples sort out their problems over the course of a weekend. The hotel may be just in time because the Brexit vote was a traumatic rupture from the idea of a European union.

“We have come across a number of families in this country [who are splitting up] because one them voted differently [to the other] in the referendum,” Shepherd said. “They fell out in a big way because one voted for remain and one for leave.

A similar phenomenon may be happening in the U.S. between warring couples split between Donald Trump and Hillary Clinton. I have written about the cause of divorce in the past.

Asked about the effect of Brexit on relationships, the Guardian reported:

“[I]t has imposed an added strain on relationships, one in which people might not be talking to each other as well. Brexit has been an issue.”

While the UK may be experiencing an increase in divorces due to the Brexit vote, only time will tell if the U.S. will suffer similar pressures from the election of Donald Trump.

The Guardian article is here.

Future First Lady and Divorce

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, November 14, 2016.

There is a rumor going viral on the internet that Melania Trump is filing for divorce from her husband, president-elect Donald Trump. Is it true?

According to one source, the Nevada County Scooper (motto: what we lack in credibility we make up for in humor) reports:

Donald Trump, the brash entrepreneur who is running for President in the 2016 election, is filing for divorce from wife Melania. Melania, a model and designer, has been married to Donald since 2005. She is Donald’s third wife.

Sources cite growing discord between the once happy couple. They have been seen arguing frequently and spending most of the time apart from each other.

An anonymous source, spoke to us about the split. He said, “Donald just feels like she has not risen to his level of greatness. She has not embraced The Donald’s persona.”

I checked with Snopes, and they find: “there was no truth to this story.” But, what if the story was true? I’ve written about preparing for divorce before. There are some things any spouse should do to remain financially secure in divorce.

Surround Yourself with Professionals

You need to hire your own lawyer, not rely on your spouse’s attorney to be fair. Another professional is a financial planner or accountant, or both.

Secure Your Financial Documents

Before anyone can assist you, you need to understand your financial situation: all the assets and debts, not just the joint property. This is much easier to do when you have gathered the essential tax, banking and credit card documents.

Update your Will

Many couples have a will they made when married. If so, you may need to update it in order to give power to the provision in your marital settlement agreement.

Child and Spousal Support

Child support and alimony are big issues when you prepare for divorce. How much you receive or have to pay in support is governed by Florida law or it can be a decision you and your spouse may agree to within reason.

The Nevada County Scooper article is here.

President-Elect Trump and Divorce

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, November 10, 2016.

Major events can have an impact on people going through divorce. With the stunning election results from yesterday, what does a Trump presidency mean for divorce and family law?

Not much. Divorces are state concerns. With the rising mobility of families, many cases cross state lines and international borders. In August, President Obama signed the implementing treaty for the Hague Convention on the Recovery of International Child Support.

However, the president has had little impact in this area of law. Even on a personal level, presidents have little connection to divorce. Ronald Reagan was the only president of the United States who was even divorced. Until now. President Elect Donald Trump has been divorced twice.

I’ve written about divorce statistics before. There are some very interesting statistics about divorce:

– In America, the divorce rate for a first marriage is around 41%.

– The divorce rate for a second marriage is 60%.

– The divorce rate for a third marriage is 73%.

– The average length of divorce proceedings in the United States is 1 year.

– Western states have the highest marriage and divorce rates, followed by the South. The Northeast has the lowest marriage and divorce rates.

– Nevada has the highest rate of divorce at 14.7%.

– Florida’s rate of divorce is around 13.%

– If a spouse has gained more than 20% of his or her body weight, divorce is more likely.

– The most expensive divorce was Rupert and Anna Murdoch’s in 1999: $1.7 billion.

In answer to the question “what a Trump presidency means for divorce and family law?” Probably lots of funny late-night impersonators and not much else.