Tag: Best Family Divorce Attorney

Google Divorce and Prenups

Posted by Ron Kauffman on

If you google divorce and prenups, you will find different results based on which state you are in. One thing is for sure, Elon Musk’s brief affair with the wife of Google co-founder Sergey Brin, will get you much different search results, and may even call into question an expensive prenup.

Divorce Prenups

I’m Feeling Lucky

Elon Musk is the richest person in the world, with an estimated fortune of $240 billion. While Sergey Brin is no slouch himself, he is clearly struggling to catch up in the rankings with a meager $95 billion.

Despite their competitiveness, Brin provided Musk with about $500,000 for Tesla during the 2008 financial crisis, when Tesla was struggling to increase production. In 2015, Musk gave Brin one of Tesla’s first all-electric sport-utility vehicles.

But in recent months, there has been growing tension between the two. Reportedly, Brin ordered his financial advisers to sell his personal investments in Musk’s companies

Brin filed for divorce from Nicole Shanahan in January of this year, citing “irreconcilable differences,” according to records filed in Santa Clara County Superior Court. The divorce filing was made several weeks after Brin learned of the brief affair, people have said.

At the time of the alleged liaison in early December, Brin and his wife were separated but still living together, according to a person close to Shanahan. In the divorce filing, Brin cited Dec. 15, 2021, as the date of the couple’s separation.

But Shanahan’s side is arguing that the prenuptial agreement they entered was signed under duress, while pregnant.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are not just for computer programmers and awesome car makers, and they are about much more than just resolving expensive millions of Tesla stock acquired during a marriage.

Any couple who brings any personal or business assets into their marriage can benefit from a prenuptial agreement. Prenups are important to have in place before a couple starts investing in start-up, electric car companies, DNA ancestry search companies, and other investments.

But prenups are frequently challenged in court.

Florida has both case law and a statute to help lawyers, judges, and the parties determine if a prenuptial agreement is enforceable. For example, Florida adopted the Uniform Premarital Agreement Act. The Act requires that all premarital agreements be in writing and signed by both parties. It is enforceable without consideration other than the marriage itself.

Couples wanting to sign one can enter into a premarital agreement with respect to their rights and obligations in any of their property, whenever and wherever acquired or located; their right to buy, sell, use, transfer, or otherwise manage and control their property and the disposition of their property if they separate, divorce, die, or any other event.

Prenuptial agreements may be challenged in court, as Shanahan may be attempting using the duress defense. When ruling on the validity of a prenup, Florida courts must consider things such as fraud, coercion, in addition to the unfairness of the agreement, whether there was any financial disclosure, and of course, duress.

Ludicrous Mode

About 11 hours after the Wall Street Journal article about the affair was published online, Musk tweeted:

This is total bs. Sergey and I are friends and were at a party together last night!”

Over the past two months, Musk’s personal life has drawn considerable attention. He has been accused of exposing himself to a flight attendant at SpaceX, which he denied. He also reportedly had two children late last year with a female executive at another company he co-founded, Neuralink. One of his 10 children has publicly disavowed him.

Then there’s Twitter. Earlier this month, Musk sought to back out of an agreement to buy Twitter, saying the company hasn’t provided the necessary information to assess the prevalence of fake or spam accounts. Twitter has sued Musk to force him to honor the deal, and a Delaware court has agreed to an expedited trial in October.

Brin and Shanahan already were facing problems in their marriage in the fall of 2021, primarily because of Covid pandemic shutdowns and the care of their 3-year-old daughter.

The liaison with Musk took place in early December 2021, at the Art Basel event in Miami. The alleged affair happened after Musk had broken up with his on-again, off-again girlfriend, the singer Grimes, in September.

Brin and Shanahan are now involved in divorce mediation, with Shanahan seeking more than $1 billion. The two sides have yet to come to an agreement, with Brin’s side claiming that Shanahan is asking for much more than her prenuptial agreement entitles her to.

The Wall Street Journal article is here.

Your French Divorce

Posted by Ron Kauffman on

Now that France has created an out-of-court divorce option, travel to Paris could be a ticket to your French divorce. In order to make the divorce process simpler and less expensive, France has streamlined the system, but there are some pitfalls for non-French people.

French Divorce

C’est la vie

In France it is now possible for couples to divorce without going through a long and sometimes expensive court process by signing a divorce agreement – but this may not be ideal for couples where one or both person is not French.

On January 1st 2017, the divorce par consentement mutuel (divorce by mutual consent) was created, allowing couples to acknowledge their consent to divorce in an extra-judicial contract without a court proceeding.

To divorce by mutual consent, it is essential that couples agree on all aspects of their divorce with the help of their respective lawyers. They especially need to settle the consequences of the divorce on their children (custody and residence), on their assets and all financial measures (alimony and compensatory allowance).

The consent reached by the couple is then set out in a divorce agreement, prepared by the parties’ lawyers. Following a 15-day cooling-off period, the divorce agreement is signed by the spouses and countersigned by each lawyer.

Once signed, the agreement is submitted to a French notaire for registration. Registration is what makes the divorce agreement enforceable in France. Signing a divorce agreement is the quickest way to divorce in France.

While the duration clearly depends on how the negotiations between the couple progress, it is technically possible to sign and register a divorce agreement in France within approximately one month.

Florida International Divorce

International divorce often brings up the issue of jurisdiction. Who sues whom, how do you sue for divorce, and in what country are problems in an international divorce case? The answers are more difficult than people think as I have written before.

A British divorce, for instance, might give more money because British courts can disregard prenuptial agreements, and the cost of living is high in London. In France, the financial disclosure requirement is weaker, each party is not necessarily required to answer detailed financial forms.

Rules about children and hiding assets is a problem in every divorce, especially in international cases. The problem of discovery of hidden wealth is even bigger in an international divorce because multiple countries, and multiple rules on discovery, can be involved.

The problems in an international divorce are more complicated because hiding assets from a spouse is much easier in some countries than in others.

Florida, at one extreme, requires complete disclosure of assets and liabilities. In fact, in Florida certain financial disclosure is mandatory. At the other extreme, are countries which require very little disclosure from people going through divorce.

Choosing possible countries to file your divorce in can be construed as “forum shopping”. The European Union introduced a reform called Brussels II, which prevents “forum shopping”, with a rule that the first court to be approached decides the divorce. But the stakes are high: ending up in the wrong legal system, or with the wrong approach, may mean not just poverty but misery.

Residency for divorce is a very important jurisdictional requirement in every case. Generally, the non-filing party need not be a resident in the state in order for the court to divorce the parties under the divisible divorce doctrine. The court’s personal jurisdiction over the non-filing spouse is necessary only if the court enters personal orders regarding the spouse.

The durational domicile or residency requirement goes to the heart of the court’s ability to divorce the parties, because the residency of a party to a divorce creates a relationship with the state to justify its exercise of power over the marriage.

No tears and no hearts breaking

Currently it is not possible to sign the divorce agreement remotely. Both spouses and their respective lawyers need to be physically present on the day of signing.

The French National Bar Association clearly indicated, on February 8th 2019, that:

“the divorce agreement by mutual consent without a judge must be signed in the physical presence and simultaneously by the parties and the attorneys mentioned in the agreement, without substitution or possible delegation”.

International couples should however be very careful when signing a divorce agreement as not all countries recognize this type of divorce. As the divorce agreement is entered into out of court – except when a minor child requests to be heard in court – public authorities from certain countries do not recognize and enforce this type of divorce.

In practice, this means that, a couple having signed and registered a French divorce agreement, would be considered as divorced in France, however still be married in their home country/countries if local authorities refuse to register and enforce the contract.

The Local article is here.

 

The Divorce Pandemic hits Saudi Arabia

Posted by Ron Kauffman on

The divorce pandemic hits Saudi Arabia after first starting in China, South Korea, and the United States – which have reported increases in divorce filings following the easing of some quarantine restrictions.

Saudi Divorce

Dry Statistics

According to Al-Amri, the number of divorce cases handled by courts across the Kingdom of Saudi Arabia reached 53,675 in 2017 or 149 cases each day.

But new reports show that divorce rates in Saudi Arabia have increased by 30% during the lockdown period enforced by the coronavirus or COVID-19 pandemic, reported the Dubai-based English language newspaper Gulf News quoting Saudi Justice Ministry.

The paper said the rate of divorce has increased compared to the same period last year.

However, during the lockdown period, 13,000 people also tied nuptial knots an increase of 5% compared to the same period in the previous year.

The ministry also informed that as many as 7,482 requests of divorce and Khula – a procedure in Islam which allows a woman to divorce her husband – were lodged.

According to the newspaper, some Saudi working women including doctors, citied secret marriages of their spouses as reasons for seeking a divorce.

Apparently, the preventive measures taken to stem the spread of the coronavirus including imposing lockdown – contributed to helping women to uncover the secret marriage of their husbands.

The high rate of divorce has become a destabilizing factor in Saudi society and it obstructs the Kingdom’s march to greater progress. Social consultant and researcher Salman Bin Mohammed Al-Amri has expressed his deep concern over the repercussions of the high incidence of divorce in society.

The office of the Grand Mufti approved 6,163 divorces during the same year, which is an increase of 846 cases compared to 2016.

“We should know that there are hundreds of divorces not recorded by the courts, so the actual figure could be much higher than what is officially reported”

The total number of divorces could be 40 to 45 percent of the total number of marriages, which was put at 159,386, in the same year. “This shows that we have to take drastic measures to bring down this huge number of divorce cases in the country,” Al-Amri told Okaz/Saudi Gazette.

Florida Divorce

I’ve written about the divorce statistics before. Forced together due to a shelter-in-place order may be the reason for your divorce, but legally you don’t need one. That’s because Florida is a no-fault divorce state.

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

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.

What do you do if you are trapped in quarantine with someone you want to separate from?

To avoid problems during a quarantine, you may have to force yourself to work together – however difficult that may be.

Couples who are separating or separated already, and are parents, are being forced to work as a team and talk through problems that are making forced quarantine impossible. Reassure each other that you will make it through and work together.

The key if you’re living together is to strike the right balance between having quality intimate time together, or if you’re at the brink of your relationship, giving each other some space.

Shifting Sands

Measures must be taken to control divorces to reduce its social impact as it causes untold problems to the children of divorced couple. Men and women who have separated after years of living together also face psychological, economic and social problems.

“We have to conduct a detailed study on the increasing number of divorce cases in Saudi society to find a viable solution.”

Injustice, lack of honesty and trust, and confusion are the hallmarks of divorce cases across the Kingdom. It destabilizes families, the foundation of society.

Saudi and Gulf societies have changed considerably in recent years as a result of foreign influences and other factors, largely affecting social, cultural and economic norms.

“Our families have been influenced by the new urban culture and modern information technology. Education and employment of women and the Kingdom’s openness to foreign cultures were other factors that increased the divorce rate.”

Many parents have failed to prepare their sons to get married by training them to take responsibility. Some men fail to fulfill their Shariah duties toward their wives while those having more than one wife fail to treat all of them fairly and equally.

There are many other reasons including bad temper, infidelity, drug and liquor habits, miserly attitude and high dowry, in addition to psychological, health and social reasons.

Al-Amri said women are the most affected in case of divorce due to society’s negative attitude toward them. A divorcee loses economic support and financial security provided by her husband and this brings down her living standard, in addition to making her a burden on the family.

“As a result of this situation, such women will be forced to seek financial help from the Ministry of Labor and Social Affairs and charitable organizations. This will lead to depression and push them to commit suicide,” he explained.

Most divorced Arab women are unlikely to get married for a second time because of the tough attitude of society toward them.

The situation of divorced men is not very different as they too face a lot of difficulties and mental pressure. They may be forced to pay to child support. Many divorced men are afraid of marrying another woman due to the failure of the first marriage.

Children are the worst hit by divorce as they will lose the sense of security and will not be able to concentrate on their studies. The father will try to take custody of his children and keep them away from their mother. “This will create a horrible family atmosphere for children,” said Al-Amri.

Instead of becoming leaders of progress and prosperity, separated men and women would become depressed individuals unable to make any contributions to the country’s growth. It will increase financial burden on the state, charities and civil societies as the divorcees and their children will require financial support.

The Al Arabiya article is here.

 

Child Custody and Timesharing Problems, and Good News on Coronavirus

Posted by Ron Kauffman on

The need to quarantine has not stopped child custody and timesharing problems from surfacing. In fact, it aggravates these problems as parents grapple with sharing custody and protecting themselves and their children. The Supreme Court of Texas recently resolved one issue, and there is even more good news about the coronavirus.

Child Custody Problems

Solving Child Custody Problems is Big in Texas

The coronavirus outbreak has caused urgent disputes among divorced and separated parents over exchanging the children during school closures. This forces attorneys to file emergency motions.

Many parents following their agreements about exchanging their children during and after spring break discovered a problem: this year school never re-started after spring break, so when do you return the children?

I have been working remotely during the coronavirus crisis, and resolving these problems daily. I have also been fielding a lot of calls from clients and potential clients asking about whether they were going to get their children back from the other parent, and whether they should exchange the children as agreed and ordered.

Many states handle things differently. Recently, the Texas Supreme Court weighed in. The Texas Supreme Court settled the issue of when to exchange when there is no start to school after spring break in an emergency order of the pandemic, ruling:

“For purposes of determining a person’s right to possession of and access to a child under a court-ordered possession schedule, the original published school schedule shall control in all instances. Possession and access shall not be affected by the school’s closure that arises from an epidemic or pandemic, including what is commonly referred to as the COVID19 pandemic.”

Justice Debra Lehrmann said the court agreed on the solution during a teleconference to relieve a source of stress during the outbreak.

Florida Child Custody Problems

I’ve been involved in resolving and have written about child custody problems in Florida before. Here are a few tips for parents to lower or prevent your divorce or separation from ruining your holidays or draining your bank account:

Look at the timesharing schedule in your agreement or final judgment. Become familiar with exchanging children on specific holidays, dates and the times the kids are supposed to be with you, or the other parent.

Make your plans in advance and send a nicely worded confirmation email of the exchange schedule to the other parent to avoid disagreements early on.

Be flexible. Fighting during a time of great stress will only make matters worse, while fostering relationships with extended family is considered in the children’s best interest.

A little pre-planning and communication can save you a lot of emotional and financial expense. This is a national emergency and our children are exposed to the stress from those around them. Don’t make things worse. With that said, there is also . . .

Good News on Coronavirus

There is always good news, even during a pandemic.

  • The IRS has announced that the April 15, 2020 deadline for filing and payment of your individual income taxes has been extended to July 15, 2020.
  • Strangely, your second quarter estimated income tax payments are still due on June 15, 2020.
  • The Coronavirus Aid, Relief and Economic Security Act (CARES Act) passed. The last Senate version of the bill I read had a small business loan program allowing maximum loan amounts calculated as the lesser of the product of average total monthly payments by the applicant for payroll, mortgage payments, rent payments, and payments on any other debt obligations incurred during the 1 year period before the date on which the loan is made, or $10,000,000.
  • SCIENCE Magazine released an article it published on May 30, 1919 after the Spanish Flu pandemic about lessons learned. Very interesting reading throughout.
  • A potential universal flu vaccine has passed an important set of clinical trials.
  • A patient has been declared ‘cured’ of HIV – and it’s not even the first time, with no trace of infection in his blood 30 months after undergoing a specialized type of stem cell therapy.

The Supreme Court of Texas order is here.

 

Happy Valentine’s Day: See You in Court

Posted by Ron Kauffman on

Valentine’s Day is known for spending big money on flowers and gifts for wives and girlfriends. But as the Wall Street Journal reports, some people are spending big money to sue their Ex – and not just for divorce.

valentines-day

My Achy Breaky Heart

If someone stole your love away from you this Valentine’s Day, can you sue over it? In a few states, you still can.

These “homewrecker” or “heart balm” laws started in scandal. Unscrupulous women used to try to blackmail wealthy men out of large sums of money, helped along by a law allowing people to sue their Ex after a broken engagement. These ladies were “gold-diggers,” “schemers” and “adventuresses,” and what they were doing was nothing short of a racket.

Today, claims like alienation of affections are cases of wrongful acts which deprive a married person of the affections of his or her spouse — love, society, companionship and comfort of the other spouse.

Alienation of affection lawsuits these days arise when an outsider interferes with a marriage. Defendants in these cases are often an adulterous spouse’s lover, but family members, counselors, therapists, and religious members who have encouraged a spouse to get a divorce have also been sued for these matters.

To win an alienation of affection case, you have to prove (1) that the spouses were happily married and a genuine love and affection existed between them; (2) the love and affection was alienated and destroyed; and (3) the defendant caused the destruction of that marital love and affection.

Florida Heart Balm Laws

I’ve written about heart balm statutes before, especially as they relate to engagement rings.

These common law torts are commonly referred to as “heart balm” statutes, because they permitted the former lovers’ heartaches to heal without recourse to the courts.

The purpose of the heart balm statutes was originally to prevent the perpetration of fraud by litigants who would use the threat of a breach of promise of marriage to force defendants to make lucrative settlements in order to avoid embarrassing publicity.

The Florida heart balm statute, originally passed in 1941, abolishes common law actions for alienation of affections, criminal conversation, seduction, and breach of contract to marry.

The Florida Legislature found that those who break engagements may be “free of any wrongdoing … [and may be] merely the victims of circumstances.”

The preamble declares it to be Florida public policy that the best interests of the people of the state are served by the abolition of the breach of promise action. Now, the rights of action existing to recover money for the alienation of affections, criminal conversation, seduction or breach of contract to marry are abolished.

Someone that I Used to Know

Nowadays, the right to sue for money as damage for the alienation of affections, criminal conversation, seduction, or breach of contract to marry are abolished in Florida.

But this common law tort is still a viable law in a few states in the United States which still allow alienation of affection lawsuits. These states include Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota, and Utah.

Does that mean all similar lawsuits are over here? Even though Florida’s heart balm causes of action are abolished, that does not mean you can’t sue for replevin of the engagement ring you bought.

That’s because the giving of an engagement ring is a conditional gift in Florida that is dependent “on a voyage on the sea of matrimony.” If the voyage never gets underway, then the gift is never perfected, and the jilted suitor may seek its return by the traditional legal remedy of replevin. Replevin is still a legal remedy.

The Wall Street Journal article is here.

 

Will the Philippines Legalize Divorce

Posted by Ron Kauffman on

We sometimes take it for granted that a toxic marriage, which can destroy your life and the lives of your children, can be amicably resolved here. That’s not true everywhere. There’s a new bill to legalize divorce in the Philippines — the only remaining state aside from Vatican City that has no divorce law.

Legalize Divorce

‘Thrilla’ in Manila

Many in the Philippines have been advocating for the passage of a divorce bill.

“Divorce is not a monster that will destroy marriages and wreck marital relationships. Let us be clear about this — the monsters that lead to the demise of a marriage are infidelity, abuse, financial problems, lack of intimacy and communication, and inequality.”

Despite this development, religious groups, pro-family advocates who were present in the hearing, and even fellow lawmakers expressed their disapproval of the measure.

Florida Divorce

I’ve written about attempts to criminalize divorce before. Divorce, of course, is legal in the United States. However, traditionally it was made difficult by having to prove “fault.” This required spouses to prove either adultery; abandonment for a certain length of time; prison confinement; a spouse is physically unable to have sexual intercourse; or that the other spouse has inflicted emotional or physical pain (cruelty).

Florida abolished fault as grounds for filing a divorce. The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.”

After divorce became legal, the concept of proving fault gave way to no-fault laws to change the way divorces played out in court. 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. “Reduced” the need, not eliminated the need.

Dragged into the 21st Century

A Philippine church official has expressed surprise over the speedy acceptance of the bill in that would legalize divorce.

“I was surprised at the speed at which the committee accepted the bill. I was expecting exhaustive deliberations and discussions would be conducted on the measure.”

Bishop Arturo Bastes of Sorsogon described the acceptance of the proposed measure as alarming. Earlier, the Catholic Council of the Laity of the Philippines issued a statement expressing opposition to the divorce bill.

The group said the Catechism of the Catholic Church clearly provides that divorce is “immoral” because it introduces disorder into the family and into society.

The CNN article is here.

 

Four Essential Divorce Tips You Might be Missing

Posted by Ron Kauffman on

Many know that January is a popular month for couples to start consulting with divorce attorneys about dissolutions of marriage. This January is turning out to be no different than in the past. In New Jersey, an online magazine is offering up some essential divorce tips you might be missing.

Divorce Courts

Divorce Planning

Divorce is one of the most consequential decisions you will ever make — in both emotional and financial terms — it’s essential your interests are protected. New Jersey’s online magazine has four essential tips you may be missing if you’re planning a divorce and have already started the research.

Don’t compare yourself to everyone else

One of the biggest mistakes people make when pursuing a divorce is seeking information about the divorce process — or the likely outcome of their own divorce — by comparing themselves to divorced family members and friends.

Even worse, many people look online and compare themselves to what they read from anonymous online sources. It is often difficult to undo the preliminary `research’ clients conduct, as each divorce is different from the outcome of that of a friend.

Comparing your divorce to your friend’s divorce can result in a skewed perception of how a divorce matter will proceed and could result in unrealistic expectations.

Don’t wait to get a lawyer

People often become their own worst enemies, especially if they decide to count on their online research skills or do it yourself divorce experts.

There is no limit to the information you can learn about divorce, custody, alimony and support on the internet. Be aware that some of this information can be sound, and some is just plain wrong.

One of the hardest situations any divorce attorney has seen is that potential client who has scheduled a consultation after they already signed a marital settlement agreement resolving all issues, and it is clear that they signed a terrible deal.

Although not always the case, many of these unfortunate people are then faced with some tough advice that what they did may not be able to be undone.

Make sure your rights are protected and hire an attorney to guide you through the process.

Florida Divorce Planning

I’ve written on many divorce issues and divorce planning. In Florida, a divorce is called a “dissolution of marriage.” Florida is one of the many states that have abolished fault as a ground for dissolution of marriage.

The only requirement to dissolve a marriage is for one of the parties to prove that the marriage is “irretrievably broken.” Either spouse can file for the dissolution of marriage.

You must prove that a marriage exists, one party has been a Florida resident for six months immediately preceding the filing of the petition, and the marriage is irretrievably broken.

The reason for the irretrievable breakdown, however, may be considered under certain limited circumstances in the determination of alimony, equitable distribution of marital assets and debts, and the development of the parenting plan.

The divorce process can be very emotional and traumatic for couples as well as their kids. Spouses often do not know their legal rights and obligations. Court clerks and judges can answer some basic questions but cannot give legal advice.

Only an attorney can provide legal advice. Statutory requirements and court rules must be strictly followed, or you may lose certain rights permanently. Be careful to seek expert advice early in the process and hopefully not after you signed an agreement or went to court on your own.

It’s important to only take legal and financial advice from a lawyer and a trusted financial professional. They will be able to objectively help you through your particular situation with the most effective and beneficial advice and strategies.

Consider other professionals, too

While a family law attorney is essential to protect your interests, other professionals can help with the process.

Consider bringing in a forensic accountant who is familiar with Florida divorces, property divisions, how alimony is arrived at, and how child support is calculated. Also consider that many people use financial advisers in addition to forensic accountants.

Knowing both the financial and tax implications of divorce are extremely important as the decisions you make can impact your financial goals for a lifetime. Financial professionals aren’t the only ones who can help.

In collaborative family law cases we always use a neutral divorce facilitator who is a trained psychologist, and I encourage clients to work with a therapist to get through an emotional process.

Don’t let emotions take over

Resolving a divorce can be an important business decision and emotions can ruin the best deal. Indeed, it’s easy to make emotional decisions during the divorce process.

Clients should try hard to put their emotions aside, which can sometimes be easier said than done, and view the choices they have to make as part of the divorce process as business decisions.

Seeing divorce as a business transaction is a good strategy, but if someone is consumed by anger, guilt or other emotions, they can’t focus on the numbers and is not prepared to negotiate.

The New Jersey article is here.

 

International Academy of Family Lawyers

Posted by Ron Kauffman on

I am honored to announce my admission as a Fellow in the International Academy of Family Lawyers. The International Academy of Family Lawyers is a worldwide association of practicing lawyers who are recognized by their peers as the most experienced and expert family law specialists in their respective countries.

IAFL

International family law has become predominant in our work as our firm increasingly focuses on complex divorce and jurisdictional issues, interstate and international family law, child relocation, and Hague international child abduction cases.

The primary objective of the IAFL is to improve international family law practice throughout the world. It pursues that objective in a number of ways: creating a network of expertise in international family law around the world providing its fellows with information about both international and national developments in the law; offering advice and assistance to the wider public; promoting law reform and, where possible, harmonization of law.

Fellowship into the IAFL is by invitation only. The process is a rigorous one, designed to ensure that the high level of expertise within IAFL is maintained. Membership has grown steadily, and the number of countries now represented is 60 and IAFL has over 860 Fellows.

More information about the IAFL is available from their website here.

 

Young Folks and Divorce

Posted by Ron Kauffman on

It’s June, one of the most popular months of the year to marry. So, let’s talk about young folks and divorce. In 2017, around one million couples in the U.S. called it quits. That may seem like a lot of divorced couples, however the rate of divorce — just like the rate of marriage — is down. But is it really?

divorce and marriage

We don’t care about the young folks

What is happening today is that younger married couples are less likely to split up than they once were, driving the trend. But, at the same time, the rate of divorce for older generations has increased in a phenomenon known as “gray” divorce.

Divorces hit a historical high point in 1979, when 22.6 marriages out of every 1,000 broke up, according to researchers at the National Center for Family and Marriage Research at Bowling Green University.

By 2017, the rate had dropped to 16.1 divorces for every 1,000 marriages. That’s a decrease of 29% from the high point and the lowest the divorce rate has been in 40 years.

One cause, researchers believe, is that people are delaying marriage.

“There’s a fear of divorce or a specter of divorce looming large in people’s mind. They don’t want to make a mistake. They’re waiting longer to get married to divorce-proof their marriage.”

In 1963, the average woman married at around age 20, but by 2017, the median age at marriage was 27 for women and 29 for men. Using data collected by the National Center for Health Statistics and the American Community Survey, Bowling Green researchers calculated annual rates of divorce for girls and women ages 15 and older by dividing the number divorced in the past 12 months by the number divorced in the past 12 months plus the number currently married and then multiplying the result by 1,000.

We don’t care about the old folks

When couples choose to divorce in their 30s or 40s, they still have time to recover financially, because adults at that age have several years, if not decades, left in their careers.

But when divorce occurs when a couple is in their 50s or later, careers may either be coming to a close or are completed, and spouses are often living on fixed incomes provided through Social Security or retirement benefits.

I’ve written about this subject before. Here are some things to consider:

Valuing the Marital Estate – By the time a couple enters the golden years, they may have gold to divide, including businesses, retirement funds, and vacation homes. Valuing these assets can be difficult. The value of a business may not be apparent from balance sheets, and the sale or transfer of assets may have tax consequences. As a result, a financial advisor may be an important component in the divorce.

Medical Care – Health insurance is often tied to the employment of one spouse. With aging comes diminishing health, and declining cognitive ability. Courts may need to intervene if one party has dwindling capacity to handle their own affairs.

Long-Term Arrangements – Legal arrangements, such as wills and trusts, need to be reviewed to make sure they reflect post-divorce wishes. The same is true for long-term care, such as medical directives, living wills and trusts.

Retirement Plans – After 20 years of marriage, retirement plans can be substantial . . . and complex. Retirement plans vary in kind, and they all have different restrictions, tax consequences, distribution and vesting rules.

Lifestyle adjustment – Younger couples have time to re-accumulate wealth after divorce, but in Gray Divorces, the spouses have less time to re-establish themselves financially. One or both may be close to or in retirement, and face living on half of what they earmarked for retirement.

Talking only me and you

Researchers also examined the trends by age group and found that the drop in divorces has been driven by younger people. The greatest decrease they observed was among 15- to 24-year-olds, whose divorce rate dropped by 43%. The rate for 25- to 34-year-olds also dropped substantially, a decrease of about 30%.

After that, the rates of “gray divorce” more than doubled. For 55- to 64-year-olds, it climbed from 5 divorces per 1,000 marriages to 15 divorces per 1,000 marriages, and for those 65 and older, it rose from 1.8 to 5.

For comparison, the researchers also calculated marriage rates. In 1970, nearly a decade before the divorce peak, there were 76.5 marriages for every 1,000 unmarried women. In 2017, the rate had dropped to 32.2 marriages for every 1,000 unmarried women, a decrease of 58%.

 “The script was high school, maybe the military or college, and then you settle down,” Dr. Jordan said. “Now, it’s high school, maybe the military or college, maybe some period of self-discovery.”

That doesn’t mean fewer people have been pairing up or even delaying entering into romantic partnerships. But instead of marrying right after high school or college, more couples have simply moved in together, usurping marriage as the most common relationship experience in young adulthood.

Forty percent of women who wedded for the first time between 1980 and 1984 lived with their husband before they married, according to the Bowling Green researchers. From 2010 through 2014, 70% did.

That suggests for more couples, “I do” has morphed into, “I might.” But when they finally pledge “till death do us part,” they mean it.

The Wall Street Journal article is here.

 

American Academy of Matrimonial Lawyers

Posted by Ron Kauffman on

I am honored to announce my admission as a Fellow in the American Academy of Matrimonial Lawyers. Among divorce and family law practitioners, Academy Fellows represent highly skilled negotiators and litigators who represent individuals in all facets of family law.

AAML

The areas of representation include divorce, annulment, prenuptial agreements, marital settlement agreements, child custody and visitation, business valuations, property valuations and division, alimony, child support and other family law issues.

There are currently more than 1650 Fellows in 50 states. To be represented by a Fellow of the American Academy of Matrimonial Lawyers is to be represented by a leading practitioner in the field of family law.

The 1650 AAML Fellows across the United States are generally recognized by judges and attorneys as preeminent family law practitioners with a high level of knowledge, skill and integrity. Academy Fellows enjoy a reputation for professionalism, competence and integrity.

From my professional and personal experience, I’ve discovered that members of the AAML represent some of the finest attorneys I’ve worked with. I look forward to being active in this prestigious group.

Information about the Academy’s annual Institute, webinars, and the Marital and Family Law Review Course is available at the Florida Chapter’s website here.

The history and more information about the AAML is available on the national site here.