Category: Divorce

Divorce & Credit Scores

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, October 5, 2015.

No, this isn’t about how to preserve your credit during divorce (a useful topic by the way). Instead, it’s about whether you can predict the stability of a marriage based on credit scores.

Credit scores have become ubiquitous in household financial and non-financial decisions. For example, credit scores are a feature of every mortgage taken out, and every car and consumer loan you apply for.

A good credit score impacts your access to credit, the interest rate you borrow at, and your ability to buy on credit despite changes in your income. Lately, your credit is being used in areas besides debt underwriting.

For example, companies use them to see how much your car insurance should be, how much your cell phone plan will cost, and approval for renting a house. Lately, employers are running your credit score before their hiring decisions.

I’ve written before about the latest trends in divorce: like will your divorce last longer if you move to New Jersey? Is there a right time to marry? Along those lines, a new paper suggests evidence of the role credit scores play in staying married or in a long-term relationship.

Two professors have found that a couples’ average level of, and the match quality in credit scores, measured at the time the relationship starts, are highly predictive of subsequent separations.

That’s because initial credit scores and match quality predict subsequent credit usage and financial distress. Financial distress and the amount you buy on credit, in turn, correlate with relationship dissolution.

Credit scores and match quality appear predictive of subsequent separations even beyond these credit channels, suggesting that credit scores reveal an individual’s relationship skill and level of commitment.

The Abstract of the paper looks interesting. They explored how credit scores play a role in forming marriages and long-term cohabitations, as well as your ability to maintain a relationship. Not surprisingly, they found a large and significant role for credit scores in the formation and dissolution of committed relationships.

The study’s results lead to a hypothesis that credit scores reveal information about an important relationship skill: an individual’s general trustworthiness and commitment to non-debt obligations.

They also found that when individuals have a long exposure to greater trustworthiness, as measured by surveys, they tend to have higher credit scores even years after they leave those areas.

The abstract can be read here.

Forced Drug Testing, Divorce . . . and an online exam!

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, September 8, 2015.

It’s been said that divorce is stressful. OK, I said it, but I’m not alone. Psychologists have been saying that too. Can you be ordered to take a psychological evaluation or a drug test because divorce is so stressful?

How much stress does it take to push you “over the edge”?

Not everything is equally hard to deal with. I’ve written on the subject of stress before. The stress of divorce is more stressful than a change in responsibilities at work. The Social Readjustment Rating Scale (SRRS), more commonly known as the Holmes and Rahe Stress Scale, helps you measure your total stress score.

You can take the Holmes and Rahe Stress Scale test now by clicking here.

It happens more frequently than you think. A witness meets you outside of court. Then, you are surprised to see that person in court ready to testify that you’re a drug addict, or crazy, or worse. Suddenly you’re ordered to be examined by a psychologist, take a drug test, or some other exam.

That’s scary in a custody battle because the mere fact that the court thinks there is suspicion for you to be examined can be unsettling in a high stakes case.

I recently won an appeal defending against exactly this situation. Generally, compulsory evaluations are only authorized when the requesting party has good cause for the examination, and the issue is actually in controversy.

This had been the law for psychological and physical examinations, but no appellate court had really addressed the issue of drug testing. In my recent appeal, the court tackled that issue specifically creating a precedent for other courts in the state.

As often happens in court, witnesses and attorneys make a lot of arguments and conclusory allegations about the other side’s health conditions, or drug use, or mental state, and otherwise attack their character.

What the appellate court seems to be saying in this recent appeal is that conclusory allegations alone do not put a person’s condition “in controversy”. Additionally, those mere allegations are not necessarily “good cause” for a forced exam.

This recent victory is a big win for Floridians, as the case becomes binding precedent on all Florida trial courts until there is a conflicting district court opinion, or until the Florida Supreme Court steps in.

The AshleyMadison Hack & Divorce

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Friday, August 21, 2015.

If you’re one of the few claiming not to know about the computer hacking of 37 million user accounts on the cheating site AshleyMadison.com, you’re probably lying. What does the hacking mean for divorce?

Many commenters are predicting that the exposure of millions of Ashley Madison’s members (no pun intended) to the public will lead to a crush of divorces. However, there are reasons to doubt that wisdom.

Having actual proof of an affair can be helpful in divorce. In fact, Florida law specifically provides that evidence of an extra-marital affair can be a factor in determining the amount of alimony, if any, to be awarded.

However, proof that your spouse had an affair does not always mean a better settlement or judgment in your favor. As I’ve written before, no-fault divorce is the law in Florida, and judges don’t spend a lot of time pondering why you are divorcing.

That doesn’t mean evidence of an affair is not relevant. Some prenuptial agreements have infidelity clauses and other morals clauses which may be enforceable to an extent in Florida courts.

Additionally, spouses who introduce their secret boyfriend or girlfriend to the kids, or spend time with potential hookups while with the children, are not going to win a prize as ‘parent of the year’.

The recent hacking and posting of AshleyMadison customer information will be big news. Here, tens of millions of people doing business on the web, who expected the highest level of privacy that the commercial web offers, found out the internet is not so secure to do business on.

But it may not be the marriage killer people predict.

Divorces Gone Wrong

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Tuesday, August 4, 2015.

Divorce is bad enough: splitting time with your children, losing half of everything you own, and possibly paying support for years. Could it get worse? You bet, if you do it wrong you could end up in prison.

A Virginia man was charged with two counts of bigamy after his wife found out her husband had not divorced his previous wife before they got married.

Blake was charged with two counts of bigamy and two counts of forgery. From behind bars, Blake explained that he has had three different marriages.

“I got papers in the mail saying we were divorced, but evidently you get two sets of papers. I signed my name and everything on it”

“I thought the marriage wasn’t real and that’s why I got married to Jessica”

He and his current wife Jessica believe his second marriage of two weeks wasn’t valid, and theirs is. He’s convinced the charges are being levied against him out of revenge.

It doesn’t happen often, and the Virginia police department spokesperson reported they made two bigamy arrests in the past 10 years.

I’ve written about the importance of having a board certified attorney to handle a divorce. If your divorce is done wrong, the rule is that an honest belief that your divorce was validly granted, is not a defense to a prosecution for bigamy.

Could it happen to you? It happens in my experience when innocent jurisdictional rules are ignored. In order to get divorced in Florida, for instance, you have to have been a resident here for six months. If you aren’t, your divorce decree may be invalid.

You could read more on the Virginia story here.

Divorce & Social Media . . . in China!

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Friday, July 24, 2015.

With prosperity comes social problems. The divorce rate in China has risen along with the country’s new wealth. China’s divorce rate climbed by 3.9%, the 12th consecutive annual increase.

Forbes reports on what’s driving the increase. To learn more, they discussed the divorce problem with Liu Lin, a divorce lawyer at Beijing Shuangli Law Firm.

One big factor, he said, is the growing use of social media such as Alibaba-backed Weibo and Tencent’s WeChat. “Social media is a catalyst for divorce,” Liu said.

In the 1980s, divorces were mainly caused by liaisons at settings like dance halls and public squares. Social media is a catalyst for divorce. Through social media, people can get a better understanding of what kind of love they want, but that discovery often happens outside of their marriage.

For example, in the Fengtai District Court in Beijing, the wife had an affair with someone she met on QQ. They lived together and the marriage ended. In another case, a man met a woman through Weibo. He then left his home in Beijing to live with the woman in Hunan.

The one that has an affair usually initiates the divorce, no matter if it’s wife or husband. Normally, assets are split 50-50, with consideration of the wife’s interest as stipulated under relevant law.

Whether one side or the other had an affair isn’t considered in the split of assets. Even though property is split by half, women are disadvantaged in the proceedings.

In China, men’s capacity to earn is much greater than women’s, and they have a lot of private assets that are not known to the wife. Usually, what women win in court is only part a husband’s true assets.

I wrote an article about the impact of social media on divorces in the Florida Bar Commentator. Personal details, they type of evidence we find on social media sites, are important.

Consider the following example:

Husband denies anger management issues but posts on Facebook . . . : “If you have the balls to get in my face, I’ll kick your ass into submission.”

Or this:

Mom denies in court that she smokes marijuana but posts partying, pot-smoking photos of herself on Facebook.

Going through a divorce causes you to be placed under a magnifying glass. If you post things on social media sites that could help your estranged spouse’s case, an attorney will likely make use of that as evidence.

The Forbes article is available here.

Tips if you’re Divorcing and over 50

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Friday, July 10, 2015.

Blame it on the Baby Boomers (why not?) but U.S. News reports that the divorce rate for those over 50 has doubled. There are 7 important things to know about if you are divorcing in your 50s.

I’ve written about the issue of divorces by people over the age of 50 before. A study out of Bowling Green State University published their results in The Journals of Gerontology. Interestingly,48% of the divorcees were in their first marriage.

The U.S. News article mentioned seven things to consider:

1. Alimony.

While younger couples may have alimony ordered to provide financial support for their ex, it is often only long enough for lower earning spouses to get back on their feet. But in long-term marriages, courts will more likely consider longer terms of alimony payments, and even permanent alimony.

2. Your retirement money.

All of your marital assets are equitably distributed in a divorce. Many people overlook the fact that their retirement funds may be marital assets. To the extent your retirement funds are marital, they will likely be split evenly.

3. If you keep the house . . .

No one wants to give up their marital home, it provides security during a stressful period, and has a lot of emotional significance. However, selling the home sometimes makes the most sense. If you decide to keep the house, your spouse is going to get something in his or her column in return.

4. Your kids may still be a factor.

If there is a silver lining in a gray divorce, it is that children’s issues do not play a central role. Custody, visitation, and child support issues are usually out of the picture. But not always.

Many adult children live in the home after college, and parents may want to agree to maintani them. Additionally, many parents provide financial support to adult children who may suffer from disabilities. In Florida, child support can be awarded beyond the age of 18 if a child suffers from a disability.

5. Being bitter benefits no one.

The transitional stage of divorce means that emotions are running high. Try to keep conversations neutral. “Be polite, be civil, but keep it businesslike.”

6. Make new friends.

Getting a divorce can have an impact on relationships beyond the marriage. It can polarize friends and leave some ex-spouses feeling alone and defensive.

Possible outlets for social interaction could be taking up your earlier hobbies, finishing that degree, volunteering, or even getting involved in politics.

7. Get a prenuptial agreement.

If you are even considering another marriage, you must get a prenuptial agreement. Without one, a second divorce can take retirement savings – that have already been split once – and divide them even further.

The U.S. News article can be found here.

Divorce & Free Speech

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Wednesday, June 17, 2015.

The colorfully named “The Pyscho Ex-Wife,” was a website launched by a divorcee to air his frustrations about his divorce. It turned into a battle over free speech. Can you publicly bash a parent, or does the best interests of the child beat free speech?

The Psycho Ex-Wife was a popular site:

“We have been through 3 custody evaluations, 6 false contempt petitions, 3 custody schedules, 1 psych evaluation, 1 false child abuse allegation, 2 false calls to the local sheriff’s office, 4 years of parental alienation, $80,000, 1 break in, 1 case of stalking, 1 restraining order, and we FINALLY have 50/50 custody of their children”

The blog quickly grew into a huge community, with a recommended reading list in which registered members discussed everything from mental health to legal issues.

The Wife complained to Pennsylvania, Judge Diane E. Gibbons judge, who ordered him to shut The Psycho Ex-Wife down.

“Father shall take down that website and shall never on any public media make any reference to mother at all, nor any reference to the relationship between mother and children, nor shall he make any reference to his children other than ‘happy birthday’ or other significant school events.”

“I don’t care if you guys fight in private,” Gibbons said in her ruling. “I don’t care what you do in private. But you are not going to do it in front of these kids.”

I’ve written about free speech and family law before. According to UCLA law school professor and First Amendment expert Eugene Volokh:

“The court order categorically orders the removal of a Web site, and prohibits all public statements – factually accurate or not – by one person about another person,” he wrote. “That strikes me as a pretty clear First Amendment violation; whatever the scope of family courts’ authority to protect children’s best interests might be, it can’t extend to criminalizing one adult’s public speech about another adult.”

In Florida, as under the U.S. Constitution, offensive speech is protected as long as it isn’t obscene, defamatory, or threatening to national security. Speech restrictions are ordinarily unconstitutional.

However, if the speech restrictions in family court are narrowly focused on preventing one parent from undermining the child’s relationship with the other parent, they may pass constitutional muster.

Professor Volokh’s exhaustive article published in the NYU Law Review is available here.

Divorce & Fraud

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, June 8, 2015.

People question their divorce agreements, suspecting their spouse lied. Two ex-wives in London are not just questioning, they’re taking their suspicions to the United Kingdom’s Supreme Court. What happens in Florida when one spouse suspects fraud?

As the Guardian reports:

Charles Sharland and Bhadresh Gohil are accused of concealing the value of their assets. Their former spouses are seeking to reopen financial negotiations on the grounds that the courts were provided with fraudulent evidence.

The hearing, before seven justices at the supreme court in Westminster, London, will assess whether non-disclosure entitles a claimant to reinstate a concluded divorce trial.

The applications by Alison Sharland and Varsha Gohil, both represented by the law firm Irwin Mitchell, have been joined for the justices to examine the impact of fraud on matrimonial disputes.

Sharland had accepted more than £10m in cash and properties from her ex-husband in the settlement but it later emerged that the shares in his company were worth considerably more than previously revealed. One estimate put the firm’s value at $1bn (£656m).

Gohil had accepted £270,000 plus a car in her divorce settlement in 2004. But it later became clear that her husband, who was tried and jailed for fraud and money-laundering sums of up to £37m, had not given the court accurate information about his finances

“Both cases raise serious issues about how the courts should handle cases where information shared with the court and used to agree a divorce settlement is later found to be false or incomplete.”

I’ve written about fraud in family law before. In Florida, it’s possible to overturn a final judgment based on fraud. But it’s not as simple as merely proving fraud.

That’s because there are different types of fraud. For example, did your husband lie to you about where the courthouse was, or did you lie to him about whether he was the father of your child?

Courts also feel pressure to make final judgments final. Claims of fraud therefore need a trial to explan the facts and circumstances. It is rare for a court to determine the presence or absence of fraud without a trial or some kind of evidentiary hearing.

Allegations of fraud involve the intent of the alleged wrongdoer, and require judges to evaluate the credibility of witnesses and the evidence. If you suspect there was fraud in your case, you will want to consult with a board certified expert marital and family attorney.

For the Guardian article click here.

Does the Sex of your Judge Matter?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, May 18, 2015.

I am frequently asked by divorce clients whether the sex of the judge, or the mediator or the other side’s divorce lawyer matters. The question is one of gender bias. Gender bias exists throughout society, so why not in the courtroom?

Sex and the Judge

I’ve written about courtroom tips before. If you ever go to court, you will find that the ratio of judges in the Miami-Dade County family division tends to be about a 50/50 split between male and female judges.

Do judges care whether the lawyers and clients who appear before them are male or female? The question really asks are judges biased. The answer is yes . . . to a certain extent. But who isn’t?

Some female judges have a reputation of being pro-female, other female judges have a reputation of being pro-male. The reverse is also true. Some male judges have a reputation of being pro-male, while others are known to be pro-female. It all depends on the personality, upbringing, and personal experiences of your judge.

In examining a judge’s decision which you suspect is gender biased, ask yourself if the result would be the same if the genders of the parties were reversed?

Sex and the Client

All clients make assumptions about the lawyers they hire. Some clients assume that men will be more aggressive and women may be softer in general, and that this preconceived assumption translates to lawyers and judges. From my experience, that is not always true.

I know many female lawyers who are overly aggressive and way too eager to go to court on a matter. I also know many male lawyers who are calm, and looking to resolve disputes not create them. I know of female judges that wouldn’t give you the time of day, and others that would work through the night to resolve a custody case. The difference between the types of attorneys is personality not gender.

Sex and the Lawyer

For me, the gender of the opposing attorney or judges or mediators makes little difference. Some male lawyers are no better, no tougher, or no more difficult to get along with than some female lawyers, judges or mediators.

But, even though the sex of a lawyer, judge or mediator is not very important to me, other qualities about a lawyer are.

Dealing with Gender Bias

Bias affects us all. This is true in the courtroom, the classroom, as well as your bedroom. We all make snap judgments about people based on stereotypes or experiences. It is instinctual to make judgments in this way.

The Florida Supreme Court has authorized a few studies on gender bias in the courtroom. It found that gender bias – discrimination based solely on one’s sex – is a reality. An understanding of how bias operates can help us identify and expose that bias in the courtroom.

The report of the Florida Supreme Court gender bias study is available here.

Destination Divorces: Where Should You File?

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, April 13, 2015.

Where should you file for divorce? If former Miss Malaysia Pauline Chai wins the £500 million she’s demanding, she’ll break all divorce records in the U.K., and that will cement London’s status as the Divorce Capital of the World.

Forbes magazine has reported that the United Kingdom’s Supreme Court in London, is wife-friendly, making it a divorce capital

A string of well-publicized divorces have been filed in London, which wives of very wealthy (and not-so-wealthy) ended their unions with better deals than they would have gotten in other countries.

It has put London at the top of the list for Divorce Tourism – or, as it’s known, “Divorces Eurostar.”

London saw its reputation as the divorce-jackpot destination enhanced after the Supreme Court last year overturned what’s known as the ‘cheats’ charter.’

“Britain’s highest court has ruled that millionaires cannot use their business interests to shield their wealth from their spouses in divorce cases.

While many divorce lawyers celebrated the end of the ‘cheats’ charter’ reveling in the reassertion of London’s reputation as a haven for divorcing wives, others worried that it will be replaced by a “gold diggers’ charter,” and threaten the independence of companies.

Marriage break-ups involving foreigners account for a sixth of cases before the English courts, which means a significant increase in international divorces now estimated to be 24,000 of the 150,000 in England and Wales each year.

Another ruling on marital property agreements affirmed English courts’ reputation as more generous than others. The landmark case introduced the principle that divorcing ‘money earners’ should not necessarily retain the surplus after a parting couple’s needs had been met. Instead, the residual cash should be divided equally.

London’s reputation as the divorce capital was reinforced again, in an anonymous case in which the court awarded £54 million to the wife, or 50% of the husband’s fortune, surpassing the previous record case in which an insurance magnate had to fork over £48 million to his wife after she rejected his £6 million settlement offer.

“The mother of five, Ms. Chai, who has been living on their 1,000 acre, £30 million home in Hertfordshire since October, issued a divorce petition in England in February.

His lawyers have told the British Court that allowing the case to be heard would enhance “the ill-gotten reputation of this country for being the divorce capital of the world.

The Daily Mail article on the divorce can be found here.