Tag: Divorce Advice

Separate Beds to Prevent Divorce

Separate bedrooms may not be the most romantic idea, but couples who sleep together in the same bed are more likely to suffer snoring, tossing, turning and other nocturnal disturbances. These sleep disruptions can lead to health problems, sexual dysfunction and even fights. The idea of separate beds to prevent divorce might be something to sleep on.

Sleep Divorce

Did Lucy and Ricky Have it Right?

Should we return to the “I Love Lucy” days of separate beds? The idea is gaining fans. The more secure partners feel in their relationship, the more comfortable they tend to be with the idea of sleeping separately.

“Happy, long-term couples are more inclined to have well-developed communication skills and patterns, which are key to making separate sleeping arrangements work.”

A 2016 Paracelsus Private Medical University in Nuremberg, Germany, showed that sleep issues and relationship problems tend to occur simultaneously and that a partner’s sleepless night caused by snorting and other disturbances can result in conflicts in the relationship the next day.

In fact, a 2012 survey by the Better Sleep Council showed that one in four couples sleeps separately for a better night’s sleep. Yet 46 percent of Americans polled last year said they wished they could sleep apart from their partner.

Florida No-Fault Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce.

Florida abolished fault as a ground for divorce. This means you no longer have to prove a reason for the divorce, like loud snoring. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

In Florida no fault laws have reduced the number of sleep-deprived couples who felt the need to resort to exaggerations about loud snoring, lies about nocturnal kicking, and other false allegations about husbands in trial testimony.

Separate Beds & Counting Sheep

Some say that gender also plays a role. “It’s usually the wife or girlfriend who favors the idea of separate beds. Women are more sensitive to their bed mate’s bad habits and pregnancy and hormonal changes or problems can cause them to want to sleep alone.

The his-and-her bedroom backdrop from “I Love Lucy,” in the 1950’s, might have been one of the first times many saw a married couple in separate beds, but it is not an unusual concept for happy sleeping.

“We started sleeping separately when I was pregnant with our first child. I would toss and turn and not get enough sleep, so on occasion I would sleep in the spare room,” said one 41-year-old woman from Brisbane.

“Once I was pregnant with our second baby, one of us would sleep in the spare room to ensure we both got a good night’s sleep,” she said. “My husband’s snoring and blanket-hogging frustrated me when I was very tired and I would sometimes wake him up to tell him to stop, which of course he didn’t appreciate. It wasn’t until years later that it became more routine.”

Separate sleeping arrangements can include pairing side by side beds of similar size, having a smaller plus a larger bed in the room that the couple could share when they want to be intimate, or designating nights in a spare room. Separate bedrooms are another option.

Being open and honest with your partner about why you want to sleep separately is essential. “What’s equally as important to why you want to sleep apart is how you plan to ensure intimacy is retained in the relationship.”

Healthy couples who sleep separately can be as happy as healthy couples who sleep together. “They seem to have as good a sex life as couples who share the same bed. They feel very close to their partner. Maybe it’s because they respect each other’s personal space.”

For couples not ready for separate sleeping domains, a happy medium could be met with the right sleep solution. Investing in an adjustable mattress that accommodates both partners sleeping needs or pushing together two separate mattresses can help solve conflicts while still allowing a couple to remain close.

The New York Times article is here.

 

Divorce and the Marriage Penalty Tax

Unmarried couples face many costs, hurdles, and issues, but not the tax married couples pay simply because they tied the knot. The good news is Congress repealed some marriage penalties. The bad news is it retained others and added more, making divorce and the marriage penalty tax news again.

Divorce and the Marriage Penalty

The Marriage Penalty

We call a marriage penalty any time a married couple pays higher income taxes than they would have paid if they were un-married and filed individual tax returns.

The Tax Cuts and Jobs Act of 2017 definitely lowered the cost of being married for many couples. But being married can be more expensive than being two single tax filers on April 15th. For example, if a couple has children and both spouses earn income, they can owe thousands of dollars every year just for being married.

Disparity in Incomes

I’ve written about divorce and the marriage tax penalty before. A common complaint about our tax code is a difference between couples that have similar incomes and couples in which one partner earns much more.

For another example, a couple whose incomes are far apart often pay less if they’re married, while couples whose earnings are more evenly split often pay the same as or more than two singles.

Say that two couples each have total income of $225,000 and no children or itemized deductions. In the first couple, one partner earns $210,000 and one earns $15,000. If they marry, they’ll save about $8,400 compared with filing as two singles.

In the second couple, one partner earns $145,000 and the other earns $80,000. Being married will save them about $300 compared with filing as two singles.

Things change if each couple has two young children and typical deductions for mortgage interest, state taxes and charity. The couple with one high and one low earner has a marriage bonus, although it drops to about $3,200.

The second couple now has a big marriage penalty. They owe about $4,000 more than they’d pay as two single filers—just for one year. Having a $50,000 capital-gain windfall would add nearly $1,000 to their penalty.

SALT and Taxes

In a system that imposes higher rates as income rises, like ours, it’s impossible to tax married couples based on their total income regardless of who earns it while also taxing married couples so they owe the same as two single people.

The U.S. system creates marriage bonuses and penalties. Other countries avoid this by taxing married couples as two individuals shifting to such a system could be difficult in the U.S., in part because of community-property laws in some states.

The Tax Cuts and Jobs Act of 2017 repealed some marriage penalties and broadened some tax brackets, helping many two-earner married couples. But it retained other marriage penalties and added more.

One is the new $10,000 limit on deductions for state and local taxes, such as your property tax bill, known by the acronym “SALT”. This limit on deducting your property tax bill is by return, so married joint filers who list deductions on Schedule A get only a $10,000 write-off, while two single filers living together get a $20,000 write-off.

Affluent married couples hoping to buy a home in expensive areas could also feel a pinch. The overhaul dropped the maximum mortgage debt that’s eligible for an interest deduction on new purchases to $750,000 from about $1 million, and the limit is per return.

So, an unmarried couple can deduct interest on $1.5 million of mortgage debt, while the limit for a married couple is $750,000.

For couples contemplating marriage, estimating the tax cost can be hard. One reason is that marriage penalties often vary over time. For example, a two-earner couple may not owe a penalty when they are first married. If they become a one-earner couple when they have children, they may get a marriage bonus.

Changes

The marriage penalties removed by the 2017 law will return after 2025 if Congress doesn’t act before then. Another complication is that the U.S. tax code provides marriage bonuses, even to couples who owe marriage penalties.

Unmarried couples also face problems. They may pay more for health coverage, and they have to prepare two tax returns. They’ll need to take special care with health proxies, powers of attorney and other legal documents that married couples don’t face.

Divorce and Taxes

Since the marriage penalty is where a married couple pays higher income taxes than they would have paid if they were un-married and filed individual tax returns, should you divorce to avoid this penalty?

Divorce is a lot harder than getting married. And the Internal Revenue Service for decades has had the power to disregard divorces that are solely for tax reasons.

The Wall Street Journal article is here.

 

Borat and No-Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you don’t need to prove fault. Instead, you need to state under oath that your marriage is “irretrievably broken.” According to CNN, Sacha Baron Cohen learned the true meaning of no-fault divorce after discovering Pamela Anderson’s divorce may have been caused by his movie Borat.

Borat No Fault Divorce

High Five!

As CNN reports, the movie Borat was a huge success, earning $262 million against a modest $18 million budget, and worked its way deep into American culture. Unfortunately, the film’s success came at a price, as it may have cost Kid Rock his wife.

Sacha Baron Cohen, recently told The Daily Beast’s The Last Laugh podcast that Pamela Anderson was in on the joke for the scene in which Borat kidnaps her, Cohen and that her then husband, Kid Rock, hated the movie.

Cohen says that the scene in which his fictional character Borat approaches Anderson and carries her out of a book signing caused the split:

“We did that scene twice, actually. The first time we did it at a book signing and I grabbed her over my shoulder and ran out with her and no one did anything. I was like, what kind of fans are these?”

Kid Rock was briefly married to Pamela Anderson in 2006. Cohen said that, following a screening of the finished film with Anderson and Kid Rock, he called Anderson to find out what her new husband thought of the film.

“Kid Rock saw the movie, and I texted Pamela Anderson and asked, ‘How did it go? What did he think?’” said Cohen. “And she texted back, ‘He’s getting divorced.’”

Florida No-Fault Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida 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.

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

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.

Adultery can be the cause of a divorce, but can it impact the outcome? Since Florida became a no-fault state, the fact that, “she (or he) is sleeping with a co-worker” doesn’t hold much traction in court any more.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves in the UK, there is a movement here to return to the old “fault” system to promote families.

Not in Kazakhstan Anymore

Cohen said Anderson told him that Kid Rock wanted the divorce specifically because of the movie, which he naturally assumed was a joke:

“I thought it was a joke,” Said Cohen. “But then a few weeks later they got divorced and they put as a reason for divorce: ‘Borat.’ So, it had some casualties.”

Cohen’s version of this story also lines up with and seems to confirm reports, which claimed that Universal Studio chief Ron Meyer held a screening of the movie at his home and that the Kid Rock became angry and ruined the night because he hated the movie.

This revelation raises a number of questions. Was Kid Rock, like so many people, unable to tell if his wife’s involvement in the film was real? Did he believe that his wife did not fight back strongly enough against the seductive, amorous advances of Borat Sagdiyev?

CNN reports that Anderson and Rock did get divorced the same month as the film came out, but the comedy film may be an unlikely cause of the divorce.

The CNN article is here.

Photo courtesy of Michael Bulcik / SKS Soft GmbH Düsseldorf

 

American Academy of Matrimonial Lawyers

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.

 

5 Essential Divorce Tips

USA Today reports the statistic that half of all marriages will end in divorce is not accurate. Divorce is declining, and a big reason is that marriage — with all of its advantages, from survivor benefits, healthier kids, and a lower risk of heart attack – is becoming more selective and the people getting married have more advantages. There are 5 essential tips if you are thinking about divorce.

divorce tips

Florida Divorce

I’ve written on many divorce issues. 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.

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.

Below are USA Today’s 5 essential tips for divorcing from their recent report:

Focus on finances

A lawyer can help you through the legalities of things like separation agreements and child visitation, but when it comes to finances and managing joint debts, it’s best to work with someone who specializes in finances.

If you don’t know where to start, ask your divorce lawyer or mediator to recommend a financial planner they trust or have worked with in the past.

Close joint credit accounts

Once you have filed for divorce, it’s important to cease accruing debt in both of your names. By continuing to rack up joint debt you could end up doing more damage to your credit scores and credit reports and subsequently complicating the divorce process.

Keep track of income and expenses

This is always a smart idea, but particularly during the stress and chaos of a divorce, it can be helpful to track and document financial details including child support and alimony payments, and shared medical and other expenses.

There are many personal finance apps available that can help you keep track of these details.

Create a budget

Going from a two-income household to a single income is a major transition. If you haven’t adhered to a budget in the past, a divorce is a compelling reason to start doing so immediately.

Make sure to outline everything, including both daily and monthly expenses (groceries, utilities, mortgage and car payments, scheduled maintenance on appliances and vehicles), and long-term expenses including retirement and tuition funds. This will help you avoid overspending as you adjust to your new financial norm.

Update your records

Once your divorce is final you will need to change your marital status on things including tax records, utility bills, health insurance, and property titles (homes and cars, etc.).

Non-essential Tip

How about a non-essential tip? The satirical website, The Onion, has its own take on divorce tips. Fans of Dennis Quaid in the movie “The Parent Trap” will appreciate this advice:

“Keep the lines of communication between you and your ex open in order to avoid your twin daughters reconnecting at sleepaway camp and hatching a plan to make you two fall in love all over again.”

The USA Today money article on divorce is here.

 

Divorce Tax Strategies

As the New York Times reports, divorce can be a business negotiation. Harsh as that may sound — especially if there are children being fought over — when a couple gets to a final hearing or mediation, numbers matter. There are some divorce tax strategies you should know about involving the home, alimony, and even the time allotted with children.

divorce tax strategies

New Tax Code

Divorce negotiations are never easy, but they became even more complicated this year after the sweeping overhaul of our tax code changed many of the calculations that factor into the logistics of divorce.

The most sweeping tax legislation since 1986 was signed into law in 2017 and are only now taking effect. The Tax Cuts and Jobs Act makes reductions to income tax rates, reduces the income tax rate for corporations and pass-through entities like Sub-S corps and LLCs.

The revised tax code has brought some surprises to couples going through a divorce too, and many lawyers are suggesting that clients bring accountants into the divorce team to lay out the tax implications of age-old strategies.

Nothing is Certain: Divorce and Taxes

I’ve written about divorce and taxes before. The new tax code changes will impact your divorce, but the alimony deduction change may not be the only tax change which you should take into consideration in your divorce.

Many people are criticizing the new tax law in general. For example the decision to end the alimony deduction receives a lot of criticism. Many are saying it made divorce worse.

People won’t be willing to pay as much in alimony, which will disproportionately hurt women who tend to earn less and are more likely to be on the receiving end of alimony payments.

On the other hand, the alimony deduction itself has also been criticized. For example, the government argues the deduction is a burden on the IRS because, if the alimony amounts ex-spouses report paying and receiving don’t match, it can force the agency to audit two people who may already be feuding.

So, what are some of the new divorce ax strategies to consider with the changes to the tax code?

Alimony

Everyone involved in divorce has been talking about what happened to alimony and taxes. Last year I was warning clients in the midst of their divorces to hurry things up because of the new tax law changes which made alimony not deductible anymore. But like love, divorce cannot be rushed.

For divorces completed this year, and in the future, the spouse paying alimony can no longer deduct the alimony from taxes while the spouse receiving the money no longer has to claim it as income.

The loss has made alimony payments more costly to the paying spouse because it eliminated a tax break that often served as a reason to bring about an agreement by taking off the sting of alimony payments.

Family Home

The new tax law’s restrictions on deducting state and local taxes (the so-called “SALT” deductions) surprised many who saw their tax bill go up. When it comes to divorce, that limitation on deducting your real estate taxes can turn your home into a hot potato.

Usually, the spouse with less money would often want to keep the marital home for the children, but doing so now has become more costly.

In high-property-tax states, some divorcing couples are looking to get rid of second homes as well. Some states further complicate the process by having a set of standards that were created when alimony and state and local taxes were deductible on federal tax returns. While the SALT deductions have changed, the standards have not.

Dependents

The tax value of children in a divorce was also changed in the tax overhaul. In financial terms, children have become a smaller deduction.

The exemption for each dependent — $4,050 per person — was eliminated, but the child tax credit was increased to $2,000.

That credit starts to phase out at $200,000 of income for an individual and disappears at $240,000. This can impact you because the credit can be given to the spouse with lower income in exchange for a break elsewhere in the negotiations.

The New York Times article is here.

 

Child Custody and Technology

As the Wall Street Journal reports, divorce brings out the worst in parents already bickering with each other. Even an argument about where a kid is dropped off can end up in court. New high-tech tools to ease this stress is where child custody and technology meet.

child custody and technology

There’s an App for that!

Created by divorced parents, divorce and family law attorneys and judges who saw a need to create a better way for families to communicate, these new apps link child custody and technology, and allow parents to document their compliance with the parenting plan.

Some have a check-in feature so parents can prove that they picked up or dropped off their children when and where they were supposed to. Others use artificial intelligence to flag messages written in an aggressive tone, reminding parents to keep their communications civil.

Most have calendars that help both parents keep track of their children’s activities and appointments—no matter whose day it is.

Florida Child Custody

I’ve written on Florida’s child custody issues before. In Florida, a Parenting Plan is required in all cases involving time-sharing with minor children, even when timesharing is not in dispute.

A “Parenting plan” is a document created by Florida statute to govern the relationship between parents relating to all of the decisions that need to be made about their children.

Parenting plans must contain a time-sharing schedule for the parents and kids. But there are more issues concerning minor children besides who they spend time with. For example, issue about a child’s education, health care, and physical, social, and emotional well-being are also included in the plan.

If the parties cannot agree to a Parenting Plan, a plan will be established by the court. If the plan is approved by the court, it must, at a minimum, describe in adequate detail the methods and technologies to communicate with the child.

Because of Florida’s express embrace of technology in parenting plans, it is no surprise these child custody and technology apps for parents are increasingly included. So, what are they?

Talking Parents

Candis Lewis, a mother of three who lives on a military said the Talking Parents app she was ordered to use eliminated the stress of arguing over whether a text message or email was received. All messages in the app are time-stamped and show exactly when the other parent read them.

Cozi

When they were married, Amy and Jason Cooper began using a family-management app called Cozi, which features a calendar and shopping lists. They stuck with it after they began divorce proceedings, finding it aided their ability to manage their two children.

coParenter

Yaquiline Zarate has been using the coParenter app to improve communication with the father of her son. The app allows them to seek real-time professional mediation when parenting conflicts arise.

The app, co-created by a retired judge, allows parents to text family-law professionals to mediate conflicts, rather than go to court. Earlier this year, when it was her ex-boyfriend’s night to take their son out for a visit, she urged him to let the boy stay home with her because he was sick and it was cold. The father didn’t agree, she said, so he tapped the “get help” button in the app. A mediator convinced him that it was in the boy’s best interest to stay put that night.

High Tech Problems & Solutions

Some parents like the fact that they can silo all communications with their ex. It’s better than having a message pop up in their regular inbox when they’re unprepared to deal with it.

When you get an email from the other side, you want to throw up. Whenever I get an email from my ex I assume the worst and this way I can leave it in the app and look at it when I’m ready. If it comes to my inbox, it can ruin my day.

The apps aren’t a panacea. Stephen admits he doesn’t always respond to the messages his ex sends him in the app. “The court order says we have to use OurFamilyWizard to communicate, but it doesn’t say we have to communicate.”

Whatever the drawbacks, there’s evidence that these apps connecting child custody and technology help the people who need it most: the children themselves.

The Wall Street Journal article is here.

 

This is your Medicaid Divorce

Sometimes more income isn’t good news. People suffering from major illness worry they could lose their Medicaid eligibility because of changes to Medicaid rules. More and more people are discussing the “Medicaid divorce” as a planning tool, but is it something to consider?

Medicaid Divorce

To Your Health!

Medicaid provides health coverage to millions of Americans, including eligible low-income adults, children, pregnant women, elderly adults and people with disabilities. Medicaid is administered by states, according to federal requirements. The program is funded jointly by states and the federal government.

According to online media company Ozy, Susan was diagnosed with rheumatoid arthritis at age 4, and has lived with chronic pain. She didn’t have private insurance at the time of her diagnosis, so Medicaid was critical to manage her disability.

Susan’s husband’s seasonal income fluctuated, leaving Susan hovering near the Medicaid eligibility cap. She had briefly lost coverage during their marriage because her eligibility was based on household income.

Since Susan’s husband’s pay increase Susan worried she could lose Medicaid eligibility again, just when her medical bills were about to skyrocket. Divorce, they decided, would eliminate the month-to-month possibility of losing coverage — and the fear that came with it.

Florida Divorce

I’ve written about divorce planning before. For example, there is a marriage penalty which people have planned for to avoid the situation where a married couple pays higher income taxes than they would pay if they were un-married and filed individual tax returns.

Medicaid divorces are similar but a rarely talked about type of divorce planning. Some people are forced to think about divorcing when the medical costs for their spouse can lead a couple to deplete their assets, leaving the healthy spouse impoverished.

Medicaid is a federal needs-based assistance program and your eligibility is determined by the total income and assets of you and your spouse which are pooled and totaled and may require that assets are spent down to qualify for Medicaid.

In a Medicaid divorce the goal is to transfer assets to the healthy spouse to minimize the spend-down requirement, maintain the quality of life while qualifying the Medicaid spouse for assistance so that the couple’s assets won’t be depleted.

The Risky Medicaid Divorce

There are huge risks involved in divorce planning for taxes and Medicaid issues. First, there is the impact on your relationship. There is no fake divorce. Once the court signs the final judgment of divorce, you are divorced.

Florida, like all no-fault states, have minimum requirements for getting a divorce. In Florida, for instance, we require that at a minimum your marriage be irretrievably broken before you can get a divorce.

Be aware that the divorce itself could have an impact on other benefits that you or an individual spouse may already be receiving or expect to receive in the future.

Divorce can impact the amount of supplemental security income, Social Security retirement benefits and survivor’s benefits and veteran’s benefits.

Before you even consider a Medicaid Divorce, if you are dealing with a sick spouse, know that there are many planning strategies to help spouses get their loved ones onto Medicaid that do not include divorce.

Susan recalls listening to a doctor tell her parents when she was 15 that she’d never marry or give them grandchildren. She knows that her partner’s income and assets mean she could lose Medicaid and SSI, but her health had felt manageable back then. Cancer, however, changed the equation,

The Ozy article is here.

 

Divorce Infidelity and Gender

With one in five British adults admitting to cheating on their partners, monogamy is clearly not as straightforward a concept for some as it is for others. Could the impact of an affair differ based on your sex? Divorce, infidelity and gender is the topic of a recent report from England.

divorce infidelity and gender

Seven Year Itch

As the Independent reports, divorce, infidelity and gender studies have revealed that men may have a greater tendency than women to go ahead with or contemplate committing adultery in heterosexual relationships.

In fact, recent research has shown that they can be less forgiving than their female counterparts when considering divorce on account of infidelity. New research conducted into behavioral patterns that can lead to divorce, coming to illuminating conclusions about the impact of adulterous conduct on marital bliss.

According to the findings, almost a third of divorces occur when men and women have forgiven past wrongdoings but have finally “run out of patience.”

This bad behavior refers to a number of issues, including adultery, financial problems and substance abuse. Interestingly, some people are finding that women are more likely than men to try to salvage a broken marriage, despite their partner’s unfaithfulness.

Florida Divorce and Infidelity

I’ve written about divorce infidelity and gender issues before, but not specifically how men and women differ in the impact of an affair. One reason is that in Florida, we have no-fault divorce laws. No-fault divorce laws are the result of trying to change the way divorces played out in court.

In Florida 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.

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

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.

Indecent Proposal

Adultery can be the cause of a divorce, but can divorce, infidelity and gender impact the outcome? Since Florida became a no-fault state, the fact that, “she (or he) is sleeping with a co-worker” doesn’t hold much traction in court any more.

When is adultery relevant in divorce in Florida? Although we are a no-fault state, there is still a statutory basis for infidelity to be an issue in your divorce proceedings, but not as a reason for divorce.

Some people think no fault divorce is one of the main reasons for a high divorce rate. Despite the recent legislative moves in the UK, there is a movement here to return to the old “fault” system to promote families.

Unfaithful

According to the Independent, researchers were surprised time and again by the ability of some men and women to almost turn a blind eye to their partner’s misbehavior.

However, the cases show how many people in such a situation find their patience ultimately exhausted, usually when the misconduct becomes too difficult for themselves and others to ignore.

“In some cases, that means being told by friends and relatives about extra-marital affairs which they were already aware of or discovering the true extent of a spouse’s financial difficulties and learning that they impact on a business as well as at home.”

On the other hand, the odds of men tolerating their wives’ dishonesty are far lower than the other way around.

Fatal Attraction

In Britain last year, the Office of National Statistics stated that the number of women petitioning for divorce against their husbands as a consequence of their spouses’ misconduct had decreased by 43 percent since 1996.

Meanwhile the number of men divorcing their wives for the same reason had increased by approximately by a third.

Some speculate that the main reason why men and women are willing to give their marriages another go is due to the negative effect separating will have on their children.

Divorce, infidelity and gender studies are surprising people in how different genders react. Arguably the principal factor in staying together is a desire to remain married for the sake of their children. Once those children have left home, a number of unhappy parents decide to take advantage of what they regard as an opportunity to leave a troubled marriage.

The Independent article is here.