Tag: divorce news

Divorce while Pregnant

Posted by Ron Kauffman on

Many couples and family lawyers find it odd that in some states you cannot get a divorce while pregnant. Missouri has one such law. Sure, you can still file for a dissolution of marriage while pregnant, but at least in Missouri, the court must wait until after birth to finalize child custody and child support. That law may change.

Divorce Pregnant

Show Me the Change

“It just doesn’t make sense in 2024,” said Rep. Ashley Aune, a Democrat representing District 14 in Platte County, Missouri. Aune introduced a bill this legislative session that essentially says pregnancy cannot prevent a judge from finalizing a divorce or separation. “I just want moms in difficult situations to get out if they need to,” she said.

Why do some states make expecting mothers wait? Some of the reasons include: resolving issues about paternity and establishing the father. Other states insist that adopting a visitation schedule over a newborn – before there’s a baby to even visit and the parents have established new residences – increases costs and judicial labor.

The same may be true in fixing the amount of child support. A court may want to avoid entering a child support order before there’s a child to support because, if parents lose or gain jobs, the support amount will have to be recalculated. Along the same lines, some children may be born with special needs. A court would want to know if the baby is born with an illness, disability, or other condition that requires extra parental attention or generates high doctor bills.

There are other reasons to hold off or prohibit finalizing a divorce. What if the mother has twins? Moreover, courts don’t have authority to make orders affecting unborn babies. Once a baby is born, it’s legally a person and a state resident.

Florida Divorce and Pregnancy

Being pregnant during a divorce adds a great deal of complexity to the process. 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.

I’ve written about divorce issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your husband’s alleged infidelity with a congresswoman. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

There is no explicit prohibition against dissolving a marriage while a spouse is pregnant. If a spouse is pregnant, this fact must be included in the petition for dissolution of marriage when filed.  While it is unlikely a court would dissolve a marriage before the child is born, there may be situations where a divorce can be granted. For example, a court could dissolve a marriage while a woman is pregnant if the husband is not the father to the child and the biological father is involved through establishing paternity and financial responsibility for the child.

A Legislative Touchdown?

So what changed in Missouri? During a committee hearing earlier this month, Aune said one woman shared a powerful testimony regarding an abusive situation she was in while pregnant:

“Not only was she being physically and emotionally abused but there was reproduction coercion used. When she found out she was pregnant and asked a lawyer if she could get a divorce, she was essentially told no. It was so demoralizing for her to hear that. She felt she had no options.”

A report from Missouri’s Department of Health and Senior Services states that out of 10,098 women surveyed between 2007 and 2014, nearly 5% were abused either before or during pregnancy. That equates to about 500 women.

Many feel a change in Missouri’s law could literally save lives. For example, abusive partners, they might be using reproductive coercion and control to keep their partner pregnant so that they can’t ever actually be granted a divorce.

The new bill in Missouri currently states:

“Pregnancy status shall not prevent the court from entering a judgment of dissolution of marriage or legal separation.”

However, the bill is still gestating in the Missouri legislature.

The Fox59 article is here.

Reducing Divorce Waiting Periods

Posted by Ron Kauffman on

With many countries and U.S. states, having divorce waiting periods, the District of Columbia’s recent legislation, which is reducing its waiting period, is big news. The D.C. Council gave unanimous approval to legislation that eliminated long waiting periods to file for divorce. The waiting period was considered especially harmful to survivors of domestic violence filing for divorce.

divorce waiting period

Waiting in Vain

D.C. law previously allowed a couple to divorce after six months of living separately, only if both parties mutually and voluntarily agreed to it. If a spouse contested the divorce, D.C. law required the couple to remain legally married for a year. Now if one spouse wants a divorce, they can file for one at any time — without any waiting period.

“It made no sense at all that someone might be chained to their abuser or their partner when they didn’t want to be. This was a common sense reform that allows people to move on with their lives and also provide some extra supports for survivors of domestic violence.”

The D.C. Council unanimously approved the bill in November 2023, and the new law took effect last week. The new D.C. law also requires judges to consider domestic violence history, including physical, emotional and financial abuse, when determining alimony or property distribution and it explicitly allows judges to award exclusive use of a family home to either spouse while awaiting litigation.

Florida Divorce Waiting Period

I’ve written about divorce waiting periods, and your rights in divorce before. Like the District of Columbia and other U.S. states, Florida also has a divorce waiting period of sorts. In Florida, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage.

 The thinking behind waiting periods in Florida reflects the protective regard Florida holds toward the preservation of marriage and a public policy that marriage is the foundation of home and family.

In some cases the waiting period is longer. For instance, no dissolutions in Florida are allowed in cases of an incapacitated spouse unless the party alleged to be incapacitated has been adjudged incapacitated for a preceding period of at least 3 years. However, the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

Tired of Waiting

This change to the D.C. law will eliminate one of the many barriers people face when leaving abusive partners. The up-to-one year waiting period, which was established in the 1970s, was considered by many to be outdated and paternalistic.

Half of all states have a waiting period between the filing of divorce papers and when the marriage is legally dissolved, which can range from six months to even longer in some states. But why?

It has long been a recognized public policy by many states that encouraging and preserving the institution of marriage was a societal benefit. These days that notion may seem like an anachronistic legal concept. But the public policy underlying the presumption that marriage is a good institution still exists in many state statutes. Delaying a divorce then, comes from the theory that a couple, if they had more time, could preserve their marriage.

The Washington Post article is here.

Florida Releases Three New Child Custody Updates

Posted by Ron Kauffman on

Florida just released major new updates to our child custody and timesharing laws. With these new releases, family lawyers can expect a presumption in favor of a equal timesharing, some bug fixes, and overall improvements to enhance your user experience.

Child Custody Update

Florida Child Custody and Timesharing

Florida courts have consistently ruled that a parent’s right to the care and custody of his or her child is an important interest that is given deference unless there is some powerful countervailing interest requiring the child’s protection. Each parent also has responsibilities for their children, including supervision, health and safety, education, care, and protection.

Child custody in Florida is broken down into two distinct components: parental responsibility (which is decision-making) and timesharing (physical custody and visitation rights). Both components must be incorporated into a “parenting plan.”

Although the right to integrity of the family is among one of the most fundamental rights, when parents divorce or separate, the parents’ rights are subject to the overriding concern for the ultimate welfare their children. We call this, the “best interest” test.

Florida did not have a presumption in favor of any specific timesharing schedule. In establishing timesharing, the court always considered the best interests of the child and evaluated all factors affecting the welfare and interests of the child and the circumstances of the family.

What’s new in the latest release?

Equal Timesharing

One of the latest updates just released is a new presumption in favor of equal timesharing for both parents. According to the release notes:

There is a rebuttable presumption that equal time-sharing of a minor child is in the best interests of the minor child. To rebut this presumption, a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child. Except when a time-sharing schedule is agreed to by the parties and approved by the court, the court must evaluate all of the factors set forth in subsection (3) and make specific written findings of fact schedule when creating or modifying a timesharing schedule.

With this new update, Florida has created a rebuttable presumption that equal timesharing is in the best interest of the child at issue. As such, a court must operate under the rebuttable presumption in favor of equal timesharing when creating or modifying a parenting plan.

In order to overcome the new law’s rebuttable presumption, a party must prove by a preponderance of the evidence that equal timesharing is not in the best interests of the minor child.

The new law still generally requires a court to evaluate all factors listed under the statute, however now it requires the court to provide written findings of fact for such factors.

Modifications

A new bug fix is an update to the procedure for modification of parenting plans. Generally, a court may only modify a parenting plan and timesharing schedule after a substantial, material, and unanticipated change in circumstances has been established.

The requirement for a substantial change in circumstances promotes finality in family cases, and reflects the general belief that stability is good for children. The test to modify timesharing of a minor child is to prove circumstances have substantially and materially changed since the original custody determination; the change was not reasonably contemplated by the parties; and the child’s best interests justify changing custody.

Demonstrating a substantial change in circumstances is an extraordinary burden on users. But the burden was a design feature not a flaw. The heavy burden is intended to preclude parties from continually disrupting the lives of children by initiating repeated custody disputes.

However, when there have been significant changes affecting the well-being of the child, especially when the change of circumstances has occurred over a substantial period of time, changes may be necessary.

The new update streamlines the modification experience by removing the requirement that a party who demonstrates the alleged substantial and material change in circumstances which warrants modification of a parenting plan or timesharing schedule, must also demonstrate that the change be unanticipated.

Relocation

Another bug fix attempts to streamline the user’s relocation experience. There is currently no presumption in favor of or against a request to relocate with a child when the relocation will materially affect the current timesharing and contact with the other parent.

But simply relocating alone was not considered a substantial change in circumstances to warrant modification. If you were the user seeking to modify timesharing, you still had to overcome the substantial change test before a court could address the modification.

In custody disputes involving the relocation of a parent, courts generally conclude that the relocation does not amount to a substantial change if the relocation is not a significant distance away from the child’s current location. As such, a parent’s relocation alone is not considered a sufficient to trigger a modification of timesharing and custody under current law.

Under the new law, if the parents of a child live more than 50 miles apart when the last order establishing time-sharing is entered, and a parent subsequently moves within 50 miles of the other parent, then that move may be considered a substantial and material change in circumstances for the purpose of modifying the time-sharing schedule.

The move does not need to be unanticipated to warrant a modification of the time-sharing schedule. However, modification of the time-sharing schedule may not be permitted if the modification is not in the best interests of the child after an analysis of the statutory factors.

The new statutory amendments are here.

Version 61.13 will be available July 1st.

Beautiful No Fault Divorce

Posted by Ron Kauffman on

Divorce lawyers hear many reasons for filing for divorce. “My spouse is too beautiful”, however, is a new one. But it does not matter as most states abolished fault as a ground for divorce. But in some state legislatures there is an effort to overturn our system of no-fault divorce.

beauty no fault divorce

In the eye of the beholder

A prominent right-wing commentator, Steven Crowder, is making waves this month after he complained his ex-wife started the divorce process on her own. Crowder emphasized the divorce was against his will, and is blaming the no-fault system of divorce:

“Since 2021, I’ve been living through what has become a horrendous divorce. . . This was not my choice. My then wife decided she didn’t want to be married anymore. And, in the state of Texas, that is completely permitted.”

Crowder’s comments come on the back of recent proposals by state legislatures to overturn no-fault divorce laws on the books in Texas, Nebraska, and Louisiana. The repeal of no-fault divorce would hit Zambian husband, Arnold Masuka, hard.

Masuka has taken the extraordinary step of seeking the dissolution of his marriage because his wife is exceptionally beautiful.

This surprising revelation left officials and witnesses in awe at a local court in the Zambian capital city of Lusaka. The newspaper, Zambian Observer, reported that during the divorce proceedings, Masuka shocked those present in court when he candidly expressed to the judge that his wife, Hilda Muleya, possessed a beauty that had caused him countless sleepless nights.

The sheer allure of his wife had become an overwhelming source of anxiety for him, leading him to make this unconventional request. Masuka explained to the court that he lived in a state of perpetual fear, constantly worried about the possibility of losing his wife to another man.

Florida No-Fault Divorce

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. Interestingly, given the recent attack on no-fault divorce, it was former Governor Ronald Reagan of California who signed the nation’s first no-fault divorce bill.

The no fault divorce law eliminated the need for couples to fabricate spousal wrongdoing in pursuit of a divorce; indeed, one likely reason for Reagan’s decision to sign the bill was that his first wife, Jane Wyman, had unfairly accused him of “mental cruelty” to obtain a divorce in 1948.

I’ve written about divorce and infidelity issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your wife’s exceptional beauty. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying 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.

Lost in Lusaka

Masuka’s increasing fear of his wife’s beauty had grown so intense, that he found himself hesitating to leave his wife Hilda unattended. He stopped going to work, and was totally consumed by the nagging thought that his wife might be lured away by other suitors.

In Masuka’s eyes, Hilda, originally from Gokwe, Zimbabwe, was the epitome of beauty. Among all the women he had encountered in his life, none had captivated him quite like her. This powerful attraction had become both a blessing and a burden, fueling his insecurity and prompting him to take this unusual legal recourse.

As the court listened attentively to Masuka’s heartfelt plea, it became evident that his intentions were driven by genuine concern for his wife’s well-being. However, whether the dissolution of their marriage was a viable solution remained to be seen.

Ultimately, the fate of Arnold Masuka’s marriage rests in the hands of the court, which will consider the implications of his request for dissolution.

The Nigeria World article is here.

Divorce Waiting Period

Posted by Ron Kauffman on

Many U.S. states, including Florida, have a waiting period before you can divorce your spouse. In India, the Supreme Court just ruled that it can enter a divorce without a waiting period in cases of irretrievable breakdown of marriage.

Divorce Waiting Period

India Divorce Waiting Period

The Supreme Court’s judgment relates to a 2014 case filed in the top court, titled Shilpa Sailesh vs. Varun Sreenivasan, where the parties sought a divorce under Article 142 of the Indian Constitution.

The procedure to obtain a divorce by mutual consent is laid down in Indian law, which states that both parties can file a petition for dissolution of their marriage by presenting a decree of divorce to the district court, on the grounds that they have been living separately for a year or more or that they have not been able to live together or have mutually agreed to dissolve their marriage.

However, both parties seeking divorce have to wait between 6 to 18 months from the date on which they presented their petition to obtain the divorce decree. The waiting period for divorce is given so that the parties have ample time to withdraw their plea.

After the passage of the mandated period and hearing both parties, if the court is satisfied, it may conduct an inquiry and pass a decree of divorce, dissolving the marriage with effect from the date of the decree. However, these provisions apply when at least one year has elapsed since the marriage took place.

Additionally, divorce can be sought by either spouse on grounds like adultery, cruelty, desertion, religious conversion, insanity, leprosy, venereal disease, renunciation, and presumption of death. In circumstances of exceptional hardship or depravity, a divorce petition may be allowed under Section 14, even before the lapse of one year since marriage.

Florida Divorce Waiting Period

I’ve written about divorce waiting periods, and your rights in divorce before. Like India and other states, Florida also has a divorce waiting period of sorts. Although it’s not as long as other states  or India’s six to 18 month policy. In Florida, no final judgment of dissolution of marriage may be entered until at least 20 days have elapsed from the date of filing the original petition for dissolution of marriage.

The thinking behind waiting periods in Florida reflects the protective regard Florida holds toward the preservation of marriage and a public policy that marriage is the foundation of home and family.

In some cases the waiting period is longer. For instance, no dissolutions in Florida are allowed in cases of an incapacitated spouse unless the party alleged to be incapacitated has been adjudged incapacitated for a preceding period of at least 3 years. However, the court, on a showing that injustice would result from this delay, may enter a final judgment of dissolution of marriage at an earlier date.

Patience is a virtue, impatience a vice

In India, the mandatory six-month waiting period under can also be waived by filing an exemption application before a family court in a motion for the court to pass a decree of divorce. The high court has ruled:

“Where there is a chance of reconciliation, however slight, the cooling period of six months from the date of filing of the divorce petition should be enforced. However, if there is no possibility of reconciliation, it would be meaningless to prolong the agony of the parties to the marriage.”

Accordingly, if a marriage has broken down irretrievably, the spouses have been living apart for a long time unable to reconcile their differences, and then they mutually decided to part, it is better to end the marriage to enable both spouses to move on with their lives, the court said.

While the parties can approach the family courts for initiation of divorce proceedings, this process is often time-consuming and lengthy, owing to a large number of similar cases pending before such courts. If the parties wish to opt for a divorce more expeditiously, they can approach the Supreme Court for the dissolution of their marriage.

The Indian Supreme Court also aims to clarify whether the application of its powers would extend to all divorce cases; and whether it could be used in cases where one of the parties is not consenting to the divorce. For this, the court appointed senior advocates for assistance in the case.

The Indian Express article is here.

Divorce and the Seven Year Itch

Posted by Ron Kauffman on

A recent study is shedding some light on the notion of a ‘seven year itch’ leading to divorce. According to the Census Bureau, the average length of first marriages for divorcing couples is around seven years. The recent study answers the question why a seven year itch and not a 15 year one.

7 year itch

Seven Year Itch

We are constantly changing over time. Researchers have found that we in fact have six to ten years of stability in a relationship. Then, the stability phase is followed by two to three years of restlessness and transition before settling into the next stage.

Sometimes we focus on work and career, and other times it is about aging, long-term plans, working through childhood and our relationships with our parents. But sometimes it’s about our intimate relationships.

Under this theory, when you first fall in love, you need something in your life to get away from your parents to have stability, to feel important, and cared for. While often never directly talked about, the other person in the relationship provides this support.

Then around seven years, one or both partners starts to get restless. The life they’ve built with its rules and routines is no longer working or fits. Why? Because your partner did a great job filling those early needs, but now everyone’s needs have changed. The solid, steady, grounding partner now seems rigid and controlling, and the spontaneous, fun-loving partner is overly dramatic.

Florida Divorce

I’ve written about the causes of divorce before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like you have reached the seven year mark and can tap out. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

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. So, whether your husband is overly controlling or your wife is a drama queen, you don’t need to allege those traits as grounds for divorce.

Before the no-fault divorce era, people who wanted to get divorced either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying 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.

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.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

Practical Advice

Around seven-year mark, couples start arguing or pulling away from each other. Or sometimes, instead of arguing, they don’t. Couples avoid all emotions and embrace life’s distractions: focusing on kids, downshifting from being a couple to being simply a parent. Or they focus on jobs and careers, working 80 hours a week, or they get distracted with something else.

Some have advised that instead of divorce or distractions, pay attention to your restlessness and emotions. Decide what you each need to change. And if you need help sorting out what you need, or can’t have these conversations easily on your own, get support from a therapist, a minister, or someone you trust.

The Psychology Today article is here.

The Importance of Divorce Jurisdiction

Posted by Ron Kauffman on

The jurisdiction where you file your divorce can be of extreme importance. File in the wrong jurisdiction, and your divorce can be deemed a nullity. In Afghanistan, where divorce is taboo, the Taliban have started to void divorce judgments granted under the previous government.

Divorce Jurisdiction

Trouble in Kabul

Reports from Afghanistan are flowing in about women, who were abused for years by their ex-husbands, who have now had to go into hiding with their children after the Taliban tore up their divorce decrees.

A small number of women, under the previous US-backed government, were granted a legal separation in Afghanistan. However, when Taliban forces swept into power in 2021, husbands claimed they had been forced into divorce and the Taliban are ordering women back to their husbands.

“My daughters and I cried a lot that day. I said to myself, ‘Oh God, the devil has returned.”

The Taliban government, which imposes strict Islamic law, has placed severe restrictions on women’s lives that some have called “gender-based apartheid”. Afghan women have been denied education, restrictions on movement, and a lack of participation in the economy.

Importantly, lawyers say that several women have reported being dragged back into abusive marriages after Taliban commanders voided their divorce judgments.

Florida Divorce Jurisdiction

I have written about jurisdiction in Florida divorce cases before. In Florida, there is no common law right to a divorce. Divorce in Florida is formally called a “dissolution of marriage”, and the cause of action for dissolution of marriage is entirely dependent on Florida Statutes.

The only true jurisdictional requirement imposed by statute in Florida is to show that one of the parties to the marriage has resided six months in the state of Florida before the filing of the petition for dissolution of marriage.

The importance of meeting the statutory requirement is important as it allows you to obtain recognition of your divorce judgment in other states under the full faith and credit clause of the United States Constitution.

Although Florida’s residency requirement sounds simple enough, it is a jurisdictional requirement which must be alleged and proved in every case. Failure to do so, renders your divorce null and void.

Bad News in Kunduz

According to the UN’s mission in Afghanistan, nine in ten women will experience physical, sexual or psychological violence from their partner. However, divorce is considered more taboo than domestic violence is in Afghanistan. Worse, the culture remains unforgiving to women who part with their husbands.

Under the previous US-backed government, divorce rates were steadily rising in some cities, where the small gains in women’s rights were largely limited to education and employment.
As awareness grew, women realized that separating from abusive husbands was possible.

Under the US-backed regime, special family courts with women judges and lawyers were established to hear such cases, but the Taliban authorities have made their new justice system an all-male affair.

Divorces under the new Taliban government are limited to when a husband was a classified drug addict or has left the country. In cases of domestic violence, or when a husband does not agree to a divorce, divorce is not permitted.

Child marriages are also an ongoing phenomenon in Afghanistan. In one case, Sana was 15 when she married her cousin who was 10 years older than her. With the help of a free legal service project Sana won a divorce from her husband in court — but her relief was shattered when Taliban commanders came knocking.

Threatened with losing custody of her four daughters, she returned to her ex-husband who by then had also married another woman. She escaped after he announced the engagement of her daughters to Taliban members.

The oppressive measures against women in Afghanistan are aggravating the economic woes of the country. A report by the International Crisis Group states that many western countries, and even private donors, have canceled donations fearing backlash from funding such an oppressive regime.

India’s NDTV article is here.

Inflation and Your Divorce

Posted by Ron Kauffman on

Inflation rates are the highest they have been in 40 years. Around the world couples are under pressure from today’s high costs of living. Many economists are discovering there is a surprising and ambiguous link between inflation and your divorce.

Inflation Divorce

Divorce and Inflation Trends

In the U.S., the annual inflation rate is 6.4 percent for the 12 month period which ended in January. Inflation in the United Kingdom peaked at 11.1 percent last October. The Euro area’s annual inflation is expected to be 8.5 percent.

For families, higher prices at the gas pump can fuel marital conflict and instability. Surprisingly, many economists have noted that in the population at large a high inflation rate can have two opposite impacts: (a) either cause marital break-ups, or (b) make people more appreciative of their marriages.

For example, in the 1980s, the last time inflation was high, divorce rates fell as the recession worsened. Then during the 2008 financial crisis, economists predicted sky-high divorce rates which never materialized.

Critics have pointed out that divorce rates had been soaring since the 1960s, when no-fault divorce laws were enacted. Previously, couples had to prove infidelity, addiction, dangerous behavior or another fault to obtain a divorce. But with the introduction of no fault divorce around the globe, divorce rates started to settle.

Another phenomenon is that across the world, marriage rates have been decreasing since the 1960s. In 1964, eight marriages for every 1,000 people across the EU. That figure dropped by over 50 percent in 2020. In the U.S., the marriage rate stood at six per 1,000 people of the population. This is a decrease from 1990 levels, when the marriage rate was 9.8.

Florida No Fault Divorce

The official term for divorce in Florida is “dissolution of marriage”, and you no longer need to prove fault as a ground for divorce. Florida abolished fault as a ground for divorce.

I’ve written about no fault divorce issues before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying 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.

Inflation and your Settlement

The ambiguity around the connection between inflation and divorce is puzzling. Some economic analysts believe that the ability to divorce during inflation may simply be different among households depending on their individual economic status.

Inflation brings higher food, gas, electricity, and housing prices. These price increases impact low income families much more than they do high income families because food costs, electric bills, and gas prices represent a large percentage of lower income households.

Conversely, an increase in prices may even positively impact higher income families because they own more assets and have more expensive properties.

In your divorce, you may have a concern about keeping the marital home for the children. Many homeowners have adjustable rate mortgages – which used to have a small payment over a short-term. Now, however, adjustable rate periods may be ending and the cost of paying for your house can increase dramatically. The high prices for homes, the mortgage rate,. and the increasingly expensive cost of affording a home, can impact your decision to keep your home.

Alimony can also be impacted. There are various forms of alimony in Florida: both short-term, bridge-the-gap, and longer durational alimony. Divorce settlement agreements sometimes spell out guidelines for payments, such as decreasing or increasing the amount paid over time. In some cases, the adjustments in payments can be tied to the consumer price index generally, or fixed to the paying party’s income.

The Euronews article is here.

Is January Divorce Month?

Posted by Ron Kauffman on

The BBC reports that the first Monday of the New Year has long been known among U.K. solicitors and counsellors (in the U.S. lawyers) as “Divorce Day”. However, in Wales and increasingly around the world, it appears this divorce phenomenon is turning January into “Divorce Month”.

Divorce New Years

New Year, New You

One law firm in the U.K. has reported to the BBC that enquiries in January have spiked at about 150% of the November, December and February average. A relationship counselling charity also said it had seen an increase in couple’s asking for help.

“In terms of stressors on a relationship, Christmas can be right up there with moving house or having a child. There’s the pressure of being cooped up at home with your extended family, or at the other end of the spectrum, not seeing as much of them as you’d like because of work commitments.”

The phenomenon on divorce filings in January is not unique to Wales either. In general, many family lawyers in North America report a rise of nearly one-third in business in the New Year. In fact The president of the American Academy of Matrimonial Lawyers (the AAML), says he typically sees a spike of 25% to 30% every year in January.

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

Holiday time is usually a time when U.S. lawyers (in the U.K. solicitors and counsellors) get a spike in consultations and in being retained by clients. Holiday time is usually fraught with a lot of tension, emotion and financial issues, which is usually the trigger.

Florida No-Fault Divorce

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.

I’ve written about divorce and statistics – such as the the new year phenomenon – before. The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your husband’s alleged infidelity with a congresswoman. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over, or throw mud at each other and prove wrongdoing like adultery or abuse.

No-fault laws were the result of trying 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.

Wailing in Wales

In Wales, one lawyer reports rising inflation and costs for good is having an impact on filing for divorce this year. He is finding that there is increasing anxiety over the rise of prices, and wailing about how to heat the home, never mind finding money for Christmas presents. He also reported the Christmas break was a snapshot of what couples experienced during the height of the Covid pandemic.

One charity said many couples expected their relationships to come under increased strain over the coming months, with financial worries, mental health problems and the pressure to create the perfect Christmas cited as reasons.

The pressure seems to be universal, across all ages, married or cohabiting, and straight or same-sex relationships, though the causes do vary according to their age. For the under 35s money worries account for about half the problems identified, with the difficulties of having to live with parents if you can’t afford your own home, and the increase in prices.

However for older couples other factors come into play, such as parenting, and the toll of caring for elderly relatives in an aging population. Communication is vital at any stage of a relationship, but especially so in the early days. Often counselling can help them to understand what has gone wrong, to part as amicably as possible, and avoid making the same mistakes in future relationships.

In Florida, you can file for divorce, and then you have a period of time before you have to serve the papers. Most unhappy spouses wait until after the turkey has been carved, the gifts have been unwrapped, and the new year has started.

The BBC article is here.

Surprise! Florida Alimony Reform Just Passed

Posted by Ron Kauffman on

Sneaking in just before the new year, a Florida court issued two surprise decisions which are basically . . . alimony reform. Apparently, some judges have been questioning the constitutionality of awarding retroactive alimony to a spouse. This month, the First District Court of Appeal squarely addressed the issue.

Retroactive Alimony

Merry Christmas!

In the first of the two cases, a Former Husband founded a successful company. During their marriage, the parties’ lifestyle was lavish. When they separated, Former Wife was forced out of the business. Both parties have significant resources. However, Former Husband now earns several times more than Former Wife.

Before the final hearing, the parties settled all their claims against each other except for the Former Wife’s interest in the business, attorneys’ fees, and importantly, her demand for retroactive and prospective alimony.

A year after the conclusion of the trial, the trial court entered a final judgment. It adopted much of the Former Wife’s proposed order verbatim. The trial court awarded Former Wife durational and retroactive alimony.

The amount in durational alimony was set at $4,983 a month for six years. Former Husband was also ordered to pay a lump sum of retroactive alimony for a period spanning the date of the petition, April 13, 2018, to the date of judgment on January 15, 2021. The Former Husband appealed.

Florida Alimony

I’ve written about alimony in Florida. In every Florida divorce case, the court can grant alimony to either party. Not many people realize there are several types of alimony in Florida: bridge-the-gap, rehabilitative, durational, or for the moment, permanent alimony.

Florida courts can award a combination of alimony types in a divorce. Alimony awards are normally paid in periodic payments, but sometimes the payments can be in a lump sum or both lump sum and periodic payments. Typically, courts consider any type of earned income or compensation along with recurring passive income, such as dividends on your investments, in establishing the amount of support you will be responsible to pay.

In Florida, once a court determines there is a need and the income available to pay alimony, it has to decide the proper type and amount of alimony. The court considers several factors, some of which can include things like: the standard of living established during the marriage; the duration of the marriage, and the financial resources of each party.

Florida courts can also award, as the First District Court of Appeal itself has long held, retroactive alimony when appropriate. In fact, retroactivity has been the rule in Florida rather than the exception.

Retroactive Alimony

Happy New Year!

Former Husband raised several issues on appeal, most relevant, he argued the trial court erred in awarding both retroactive and durational alimony because, among other arguments, the trial court failed to impute investment income.

The appellate court reversed the award of durational and retroactive alimony based on the argument about imputation. However, the panel agreed with the concurring opinion, in which Judge Robert E. Long commented:

“retroactive alimony is a fiction of the courts and is not supported by any provision of Florida law.”

The concurrence also noted that retroactive alimony was started in Florida in a 1982 case which found that while there is no authority in Florida to award retroactive alimony, there is no law against it.

The rationale for retroactivity was that other states approved awards of alimony retroactive to the date suit is filed. Additionally, it was inappropriate to look to other state’s decisions discussing retroactive alimony. Florida alimony is a unique creature of Florida state law. If the legislature finds another state’s alimony law compelling, it can adopt it. Judges cannot.

For decades, many judges were silently fuming about the rationale for awarding retroactive alimony. Since then, no Florida court has analyzed the issue. Instead, courts have just routinely affirmed retroactive alimony awards –  but not based on their legality.

Two months later, the First District Court of Appeal reversed another retroactive alimony award. This time the majority opinion held:

Retroactive alimony is a creation of the courts” prohibited by the separation of powers set forth in article II, section 3 of the Florida Constitution.

Florida alimony modifications expressly provide trial courts the discretion to retroactively modify alimony awards “as equity requires.” But Florida Statutes do not expressly allow a trial court to award retroactive alimony in the first instance.

The most recent opinion is here.

Congratulations to Shannon Novey who represented the appellant.