Tag: Agreements

Divorce, Paternity & Mediation

Posted by Ron Kauffman on

A judge has agreed to halt a contested divorce between former Vice President Joe Biden’s son and his estranged wife, ordering them to try at least four hours of mediation.

As the New York Daily News reports, Thursday’s ruling came after lawyers for both Hunter Biden and Kathleen Buhle Biden filed court papers saying they want to end their marriage without continued litigation.

The Bidens recognize the benefit in finalizing their divorce “amicably and privately.”

Last week’s request to put the case on hold came after Kathleen Biden accused Hunter Biden in court documents of squandering their money on drugs, alcohol and prostitutes. Kathleen Biden filed for divorce in December.

I’ve written about mediation and settlement in the past. In Florida, every case of divorce and paternity must attempt to resolve their difference through mediation before their case can proceed to trial, but you don’t have to wait for a court order.

Pre-Suit Mediation

For many clients, especially for high profile clients such as the Bidens, discretion and privacy is very important. Athletes and celebrities, in addition to politicians, have big stake in keeping their divorces out of the news as the New York Daily News article proves.

Why? Often, people are concerned that their financial disclosure, net worth, and details regarding their income will become available to the public through the court files. For businesses, this could even include having sensitive business information available to business competitors.

Also, many people are often concerned about their private affairs being played out in the news or newspapers or elsewhere in public, which could potentially jeopardize careers and social status.

There is also a big cost saving to mediating before filing a family law or divorce action. If both parties can agree to deadlines to exchange their financial documents, and cooperate with children’s issues, thousands of dollars can be saved in a pre-suit settlement.

What is Mediation

In a mediation, the parties and their attorneys meet with a neutral mediator – sometimes together, sometimes separately – to try to negotiate a settlement agreement.

Ideally, both the mediator and the attorneys should have enough experience to anticipate what will happen if the case goes to trial. Drawing on that experience, they can help the parties negotiate an agreement without any need to have a judge decide the issues for them.

At mediation, you will discuss issues that are highly personal and emotional. Accordingly, there are many factors to think about when choosing the right family mediator. Below are a few to think about:

Choosing a Mediator

Trust is the most important consideration in choosing a family law mediator. Your mediator should be someone you feel comfortable with as a person and as a professional.

Specialization is another important criterion. Ask your attorney if the mediator in your case has a practice area dedicated to divorce and family mediation. Family is not an area to dabble in. To be effective in family mediations requires patience as well as skills. Ideally, you want the percentage to be 100%.

Cost is always an important consideration. While it can be expensive to spend the day in mediation, if you’re successful, you are likely to save thousands on your total legal fees.

When comparing mediation fees, base your decision on selecting a mediator with a high success rate for settlements. $200 per hour sounds better than $400 per hour, but not if your $200 mediator spends 8 hours without a resolution, you have not saved anything.

Final Thoughts

Mediation is a great way to resolve your divorce without paying for a full trial. Choosing a mediator is the first step, and may be the most important decision you can reach in your divorce.

The New York Daily News article is here.

Three Parent Custody Cases

Posted by Ron Kauffman on

A Long Island couple, and a neighbor with whom they had a threesome, have been granted custody of their 10-year-old son to three parents in a groundbreaking ruling.

New York residents Dawn and Michael Marano, married in 1994. They had a conventional marriage, until they befriended downstairs neighbor Audria Garcia in 2001.

Garcia had been living with her boyfriend, but when they split up, she moved upstairs and “began to engage in intimate relations” with the Maranos.

No one told these three people to create this unique relationship Suffolk County Supreme Court Judge H. Patrick Leis III wrote in the ruling for the first-of-its-kind case in New York. It was agreed, before a child was conceived, that [the Maranos and Garcia] would all raise the child together as parents.

The threesome was one big happy family for 18 months, until Garcia and Dawn Marano decided to become a twosome and left Michael. They moved out and into a new home nearby in 2008.

Then Michael Marano sued Garcia for custody of their son. Dawn Marano then sued her husband for divorce. Michael Marano and Garcia agreed to joint custody, but Dawn felt left out.

As neither a biological nor adoptive mom to the boy, Garcia had no automatic legal right to custody. Although she still lives with the mother, Dawn Marano.

Dawn Marano then filed another suit “to secure custody rights because she fears that without court-ordered visitation and shared custody, her ability to remain in the child’s life would be dependent on obtaining the consent of either Audria or [Michael],” Judge Leis explained.

In awarding Dawn Marano shared custody, Leis cited a ruling by New York’s highest court that allowed non-biological or adoptive parents to seek custody of a child if they had a prior relationship with that child.

While the two women are “absolutely thrilled” with the ruling, the New York Post reports that the father, Michael Marano, intends to appeal.

I’ve written about custody issues in Florida before. In one Florida case a man reached a verbal agreement about donating sperm for his two same-sex female neighbors, who would raise their child together.

But shortly before the baby was born, the Father decided he wanted to be considered a parent and not a sperm donor. The women disagreed. Under Florida law, sperm donors have no legal rights to children.

Under the Florida judge’s decision, the two women will have sole parental rights, although the Father will be allowed to visit the child. He will not be expected to provide child support.

The New York Post article is here.

Mel Gibson & The Passion of the Agreement

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By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Agreements on Friday, August 12, 2016.

An ill-timed Howard Stern interview just saved Mel Gibson half a million dollars he would’ve paid his ex under their mediation settlement agreement.

The California 2nd District Court of Appeal denied Mel Gibson’s former girlfriend, Oksana Grigorieva, the remaining $500,000 of a pre-agreed $750,000 payment for staying silent about their turbulent relationship after she reneged on the deal by talking about Gibson on The Howard Stern Show in 2013.

I’ve written about prenuptial agreements and marital settlement agreements many times before. Agreements are always advisable in resolving relationship disputes as you have control, to a certain extent, over what happens with your future.

In Mel Gibson’s case, keeping his stormy relationship with his ex-girlfriend out of the media was a priority for the world famous actor, already battling bad press from his alcohol related rants.

In Florida, courts will try to enforce your agreements, sometimes even if the agreement has unfair provisions. A bad deal does not provide a legal basis for the court to rewrite the parties’ agreement or to set it aside.

That’s because bad domestic bargains – meaning unfair or unreasonable property and monetary settlement agreements – are still enforceable so long as they are knowing, voluntary and not otherwise against Florida public policy.

Gibson, 60, had already paid Oksana – the mother of his six-year old daughter Lucia – $250,000, but claims he is no longer obligated to pay her the remaining balance due to her forfeiting their agreement by appearing on the Howard Stern show.

The $750,000 had already been significantly reduced from its original figure, a staggering $15 million, to be paid on the condition that she keep secretly recorded audio-tapes out of the public arena.

But after Oksana, 46, released the tapes – in which Gibson can be heard using racist language and threatening to beat his then girlfriend – the amount Gibson had to pay was drastically reduced.

The appeal court’s ruling means the pianist has only received 1/60 of what she could have received from the star.

The article on Gibson’s big court win is here.

Divorce Tips: After the Case is Over

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

Forbes magazine has an article about some important things to immediately implement your marital settlement agreement to make it work.

I’ve written about practical tips for divorce before. Consider that once the lawyers are gone, all you have to show is a piece of paper. Putting that final judgment aside could be a mistake.

There are some immediate steps to take to ensure your interests are protected – and your financial documents reflect your new marital status.

As Forbes magazine asked: What should you change? In two words, almost everything.

Once your divorce is final – meaning a final judgment is entered – you should review and revise, if necessary, the following legal and estate planning documents:

Trusts

Powers of Attorney (property, healthcare, HIPAA, etc)

Will

Life insurance policies

Retirement accounts

What can happen if you don’t?

One example is common. If your ex-spouse remains the beneficiary of your life insurance policy and you pass away, the proceeds will go to your ex-spouse instead your children. That may be what you intend, but probably not.

The opposite can also be true. In Florida, the plain language of the documents controls. To the extent your or your former spouse claimed a right to remain as the beneficiary under a life insurance policy – as a condition of the dissolution of marriage – your rights can be waived.

In one Florida Supreme Court case, a life insurer sued to determine whether a former wife or the former husband’s sister was entitled to proceeds of his life insurance policy. The Florida Supreme Court held that the former wife of the insured remained primary beneficiary on his life insurance policy.

Also, consider your retirement accounts. After a divorce, you may revise your Will to reflect your desire that your 401(k) goes to your children, but if your wife remains the beneficiary of the plan, she will receive those funds.

Retirement plan designations can trump estate plan stipulations. The same is true for life insurance; proceeds will go to the named beneficiaries of those policies and not to persons named in a Will or other estate plan document.

A divorce judgment is legally binding. If, as a part of your divorce, you agreed that your ex-spouse would remain the beneficiary of a life insurance policy, don’t change the beneficiary designation on the policy itself. But, if that was not your intention, and the agreement is clear, unless you implement your marital settlement agreement, you could be in for a surprise.

The Forbes magazine article is here.