Tag: divorce trends

New Divorce Expert Witness Rule

Posted by Ron Kauffman on

Many people know that in 2013 Florida passed a law which changed the divorce expert witness rule and how experts could testify in family law cases. A few people warned that the new law may be unconstitutional because of the way it passed. Fewer people know that in 2018 the Florida Supreme Court threw out the new rule. Even fewer people know that last week the court changed it all back.

Divorce Expert

The Frye Pan

People rely on all sorts of expert witnesses in divorce and family law cases, maybe more than most areas of law. Routinely, people will come to trial with accountants, psychologists, and other experts in tow.

Since 1923 courts have relied on the Frye Rule, which states that expert opinion based on a scientific technique is only admissible where the technique is generally accepted as reliable in the scientific community.

In 1993, the U.S. Supreme Court adopted a new standard which requires trial judges to screen expert testimony for relevance and reliability. The “Daubert test” developed in three product liabilities cases. The plaintiffs tried to introduce expert testimony to prove products caused their damages. The U.S. Supreme Court ultimately tightened the rules for admitting expert testimony

Too Many Cooks in the Kitchen

In 2013, the Florida Legislature amended the Florida Evidence Code to start following the U.S. Supreme Court’s Daubert standard for the admission of expert testimony and the basis for an expert’s opinion.

I’ve written about the Constitutional problem with the way the legislature created the new law. When the legislature passes a law encroaching on courtroom practice and procedure, the laws are unconstitutional. However, the Legislature can enact substantive laws.

When one branch of government encroaches on another branch, Florida traditionally applies a “strict separation of powers doctrine.” Given that the Evidence Code contains both substantive and procedural provisions, there is a question whether the Legislature violated the separation of powers doctrine.

The Florida Evidence Code contains both substantive and procedural provisions, so there was a suspicion that the Legislature violated the separation of powers doctrine when it amended the code this way. At the time however, that issue has not been accepted by the Florida Supreme Court to date. The latest decision corrected that.

Frying Frye

The Florida Supreme Court, as part of its Constitutional rule-making authority has the power to adopt Legislative changes to the Evidence Code. As we saw before, the Court previously refused to adopt the Daubert amendments, to the extent that they are procedural, solely:

“due to the constitutional concerns raised” by the Committee members and people who opposed the amendments.”

This year, without re-addressing the correctness of the Florida Supreme Court’s ruling in DeLisle v. Crane Co, and after noting that DeLisle did not address the amendment to section 90.704 made by section 2 of chapter 2013-107, the Court chose to recede from its prior decision not to adopt the Legislature’s Daubert amendments.

The Court remarked that the Daubert standard has been routinely applied in federal courts since 1993, a majority of states adhere to Daubert, and caselaw after Daubert shows that the rejection of expert testimony is the exception rather than the rule.

Citing to Animal House, one of the dissenters to the majority opinion, newly appointed Justice, Robert J. Luck, poked fun at the High Court’s swift rule change:

Like the little-known codicil in the Faber College constitution, the concurring opinion cites section II.G.1. of our internal operating procedures, which provides that “the Court, on its own motion, may adopt or amend rules.” Id. (quoting Fla. S. Ct. Internal Op. Proc. II.G.1.). According to Westlaw, no court, including ours, has ever cited this language or any part of section II. Ever.

Effective immediately, the Florida Supreme Court adopted the amendments to section 90.702 as procedural rules of evidence, and adopted the amendment to section 90.704 to the extent it is procedural.

The Supreme Court opinion is available here.

 

Divorce Tax Strategies

Posted by Ron Kauffman on

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.

 

Keep Divorce Costs Down

Posted by Ron Kauffman on

Divorce can be costly. The bulk of expenses are for professional fees like lawyers, accountants and psychologists. The New York Times recently reported on different ways to keep divorce costs down, and maybe minimize your heartache, too. Here are some of those tips, free of charge.

divorce costs

Learn the Alternatives to Court

Opting for arbitration, collaboration or mediation may help you avoid the costs of a lengthy court battle, but each of these paths has its pros and cons. A lawyer can point you in the right direction but be sure you agree on the path.

In a collaborative divorce, both parties commit to creating a shared agreement. They may share a financial expert (called a financial neutral) or a divorce coach in the collaborative process.

This approach comes with an effective incentive, but also a harsh penalty for failure. If you get stuck, the case restarts but with new representation and it can be a costly do-over.

Talk for free . . . to others

I’ve written about divorce tips and advice before. Speaking to a divorce lawyer is a good use of your time, but speaking to them about non-legal matters is not. Lawyers are not therapists and way more expensive.

A therapist’s hourly fee typically is between $120 and $250, yet many people use their lawyer, who may charge twice that amount, to complain and lay blame.

Therapy can help the legal process run more smoothly. But often the conflicts in divorce proceedings — money, children — are not the real issues. Anger, resentment, or even fantasies of revenge, often come into play.

Disclose

As the New York Times article reports:

If there’s even a tiny question of whether you will ‘get away’ with hiding something, think again. There are very high penalties for hiding assets, and if you don’t disclose up front, you’re buying problems down the road.

The law is the law, and it’s not always fair. If you want to complain about spousal support or child support guidelines, take it up with the legislature.

Don’t Rush

In cases where there have been cheating or deceit and emotions are high, find a way to slow the process.

By slowing the process and letting time do its job of healing the wounds by, for example, pacing discovery or using the court’s calendar wisely. Resolving smaller issues as they arise can also help.

Personal property can be a money drain. Hold your power for the valuable and irreplaceable. Judges hate personal property issues and will likely assign most low-monetary value items randomly if there is disagreement.

Assemble a Team

Life after divorce is going to be different and knowing what that looks like often requires additional people and resources. Financial planners, divorce coaches and other professionals can help fill out your team of professionals.

Avoid Court

To avoid costly subpoenas and depositions, clients should provide complete records of all financial dealings, including tax returns, real estate documents and even handshake deals like consulting gigs.

Since you never know what is going to happen and no one is completely satisfied with the results that come down in a courtroom it can be crazy to put your life in the hands of someone who only has a snapshot of your story.

Get a Prenuptial Agreement

Another helpful tip is the use of prenuptial agreements and post-nuptial agreements.

A sound prenuptial agreement may be the best cost-saving measure in divorcing, said Barry Wayne, a partner in Bluestein and Wayne of Coral Gables, Fla. Often a prenuptial is prepared as the wedding planning is ongoing, and many times at the behest of wealthy relatives.

Consulting with an estate planning lawyer can help draft a prenuptial and also work to protect and assure assets for surviving spouses in the event of death.

The New York Times article on how to keep divorce costs down is here.

 

This is your Medicaid Divorce

Posted by Ron Kauffman on

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.

 

Short Term Alimony Face Off

Posted by Ron Kauffman on

According to TMZ, actor Nicolas Cage’s estranged wife, Erika Koike, doesn’t care their Las Vegas marriage only lasted for four days before Cage filed for an annulment. Koike says her marriage is valid, wants ‘the rock’ on her finger, and short term alimony.

‘Leaving Las Vegas’

The actor, 55 and his new bride, 34, a makeup artist, had been dating for over a year when ‘the Family Man’ filed for a marriage license in Las Vegas on March 23.

There was no ‘honeymoon in Las Vegas’, and now their ‘face off’ in a Clark County, Nevada court will be about the validity of their short-term marriage.

‘Seeking justice’, Cage filed for the annulment four days later in claiming that he was too drunk to comprehend what he was doing when they were married — and that he was unaware of Koike’s criminal record at the time.

Erika Koike then filed an answer to the complaint for annulment and a Counterclaim for divorce in court a few weeks after the petition was filed – which Cage filed just four-days after they were married in Las Vegas.

In the pleadings, Cage claims he “reacted on impulse and without the ability to recognize or understand the full impact of his actions,” and also says the marriage was based on fraud.

Florida Short-Term Alimony

I’ve recently written about Cage’s divorce and annulment petition. On the topic of alimony and spousal support, the length of a marriage is important. Florida Statutes actually define what the length of your marriage means.

Length of a Marriage

For example, in order to determine alimony, there is a rebuttable presumption in Florida that a short-term marriage is a marriage having a duration of less than 7 years.

Florida Statutes define a moderate-term marriage as a marriage having a duration of greater than 7 years but less than 17 years. And, a long-term marriage is a marriage having a duration of 17 years or greater.

How do you measure the marriage term? In Florida, the length of your marriage is the period of time measured from the date of your marriage until the date of filing of an action to dissolve your marriage.

In Nicolas Cage’s case, a four-day marriage would be considered “short-term” under Florida law. Is there short-term alimony for a short-term marriage?

Types of Alimony

The Length of the marriage is very important when it comes to determining the kind of duration of alimony payments.

For example, permanent alimony is generally for longer term marriages if the statutory criteria are met. In shorter term marriages and for moderate term marriages, permanent alimony may be considered, but the burden of proof is much higher.

Conversely, bridge-the-gap alimony is generally awarded to allow a person to transition from being married to being single. So, bridge-the-gap alimony is designed for short-term needs. In fact, the length of an award bridge-the-gap alimony may not exceed 2 years.

Durational alimony helps provide a person with economic help for a set period of time after short or moderate length marriages or following a marriage of long duration if there is no ongoing need for support on a permanent basis.

The length of your marriage also factors in to property divisions. When a court divides the marital assets and debts, the court begin with the premise that the distribution should be equal. One of the factors a court can look to in justifying an unequal distribution includes the duration of the marriage.

‘National Treasure’ Hunter

Koike claims Cage’s impulsive actions don’t qualify for an annulment. As for the alleged fraud, she argues Cage asked her to start again “in the right way” just 12 days after filing for an annulment … proving their relationship’s legitimate.

If Cage can successfully prove a case for annulment, Koike would not be eligible for spousal support as she would not be his spouse.

However, if Cage fails, and the court finds he had the capacity to marry and wasn’t defrauded, Koike would be entitled to spousal support.

According to TMZ, Koike argues she lost career opportunities during her long relationship with Cage and her reputation’s been damaged by his allegations. She’s also asking him to pay for her legal fees.

Cage has been married three previous times. Cabe was married to Alice Kim, Lisa Marie Presley, and Patricia Arguette.

The TMZ article is here.

Why is this Divorce Different?: Passover Divorces

Posted by Ron Kauffman on

It’s common knowledge that divorce filings increase after the holiday period from November through New Year’s. We are not alone. In Israel, the rate of people filing for divorce before Passover is three times as high as during the rest of the year.

The Bitter Herbs of Passover Divorces

According to the Jerusalem Post, the reason for this increase in Passover divorces is the number of stresses that surface around the holidays. For example, there could be a question of where a family will hold its Seder.

The stress of the Passover season will sound familiar to anyone who deals with the stress during the Thanksgiving and Christmas holidays.

There is a lot of sensitivity around relationships with extended family. Additionally, there is too much to do and greater financial demands during the holidays.

To help alleviate these stressors, it is important to plan in advance.

Having a Sweet Florida Divorce

I’ve written about divorces and their causes before. Passover divorces are similar to any other religious holiday in which you are cooped up in a house with your in-laws during the holidays, when your marriage is having problems. The holidays can take a toll on the best couples.

During the holidays, people try to put on a happy face for the kids and visiting relatives. And after seeing other families on Facebook and Instagram – the idea of perfect looking families haunts many couples who wonder why their lives don’t look as happy.

“Beware that the holiday period invites many hours that couples are together, which can lead to conflicts arising. Don’t make impulsive decisions on ending a connection during the holidays. Persevere until afterwards and then look at the situation with a new perspective.

Is there a way to make Passover divorces sweet like charoset? Whatever the reason for your problems, there are a few things that anyone looking into divorce for the first time needs to know to help them through the process.

Prioritize

Line up your priorities for life after the divorce. Is it finding a home? Is it retiring? Getting a job? Managing your special-needs child? Consider writing down your most important goals.

Consult

Even if you aren’t certain you need to hire an attorney, or filing for divorce at all, it is a good idea to meet with an expert in Florida’s divorce and family laws. Who better than someone certified by Florida as an expert in marital and family law?

Alternatives

Litigation is something to avoid. It’s time-consuming, contentious and expensive. The majority of divorces end up settling.

There are many forms of alternative dispute resolution out there, including collaborative divorce, mediation, and informal settlement conferences.

Is there a shank bone in a Vegan Passover?

Back in Israel, in addition to the increase in new applications for Passover divorces, there is often an increase in the number of religious Jewish divorces – called “Gets” – that are finalized.

This is because of “the feeling that the holiday time’s a time to finish things and start fresh. It affects the state of mind.

A wife and a husband hold different religious standards and deciding where the kids should be can push them over the edge. The Jerusalem Post reported how last year a woman insisted on having a vegan Seder and her husband would not agree. This led to divorce.

The Jerusalem Post article is here.

Communicating During Divorce

Posted by Ron Kauffman on

The divorce between Jersey Shore star, Jenni “JWoww” Farley, and her husband, Roger Mathews, is getting uglier. Communicating during divorce, especially when you have children, is never easy. Are there lessons to learn from South Jersey?

communicating during divorce

Communicating ‘down the shore’

The Jersey Shore actress released a long statement on her website, accusing her ex of physical abuse and allegedly putting their two young children in harm’s way.

In a video message released the following day, Mathews said her “rant” was “highly erroneous” and “had many lies in it” and then he posted copies of legal documents he says his attorneys sent to the divorce judge.

Mathews posted a lengthy written message on his website:

You painted me as a woman beater. The facts are these. No one, man or woman, husband or wife has the right to put their hands on each other. I take responsibility for that night in question, and one other night that I can think of that, I pushed you. You edited out your actions and violent behavior prior to me pushing you which I knew you would do.

Not to be outdone, JWoww’s team then said in a statement that the accusations he makes in the documents are “laced with false statements.”

Florida No-Fault Divorce

I’ve written about communicating during divorce before, and the “good divorce” too. Historically in Florida, in order to obtain a divorce, one had to prove the existence of legal grounds such as adultery.

This often-required additional expenses on behalf of the aggrieved party, only serving to make the divorce process more expensive and cumbersome than it already was.

Florida Statutes actually still provide that these things may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility.

However, case authority shows little consideration from a legal perspective, relegating them to more of an emotional appeal. But just because Florida does not require a showing of fault does not mean you should go out and create fault either!

In the years leading up to the enactment of “no-fault” divorce, courts often granted divorces on bases that were easier to prove, the most common being “mental cruelty.”

In Florida, 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 before filing the petition, and the marriage is irretrievably broken.

Fist Pump!

For Jersey Shore cast members, whose way of life was “GTL” (gym, tan, laundry) communicating during divorce is not the time to pull punches. But should they be making these online admissions?

We look like a–holes to the world. We are. We are both a–holes.

Mathews also added:

You claim in your rant that I put our children in harm’s way by filming myself and driving. I was doing 20 miles an hour leaving my buddy’s development, but I will concede that that was not well thought out and I will absolutely refrain from doing that in the future. It’s hypocritical of you however cause you are on the phone constantly while driving and doing your makeup and texting.

Communicating during divorce can be ugly and spiral out of control. Many would be surprised to learn divorce lawyers and judges are not spoiling to see a good fight.

The E Online article is here.

 

Divorce and Infidelity are not Big in Japan

Posted by Ron Kauffman on

In the U.S. you used to be able to sue your cheating spouse’s lover. Although many think divorce and infidelity cases are common, that kind of lawsuit has gone away. This week, Japan’s Supreme Court rejected a damages claim brought by a man in his 40s against his former wife’s then-lover.

divorce infidelity

Woman from Tokyo

In the Japanese top court’s Third Petty Bench, presiding Judge Yuko Miyazaki said that it is impossible to demand, without special circumstances, that a divorced spouse’s then-extramarital partner pay damages for mental pain from the divorce.

Even if infidelity breaks down a marriage and leads to divorce, unless there are exceptional circumstances, such as the third party involved unreasonably interfering in the marriage in a bid to prompt a divorce, the third party is not liable for paying damages for the divorce.

The ruling does not affect the right to claim damages against a spouse and his or her lover over infidelity itself within three years after detecting the affair.

Florida Law Turning Japanese?

American law used to recognize the tort of “alienation of affection” — causing a woman to lose affection for her husband and often to leave the husband because of the cheating lover.

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 permit 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.

Lovers in Japan

In the Japanese case, the man living in eastern Kanto filed a ¥4.95 million damage claim against his former wife’s partner in an adulterous relationship. The couple, with two children, divorced earlier that year after the wife’s affair came to light in 2010.

The Supreme Court overturned a lower court decision ordering the extra-marital partner to pay ¥1.98 million in damages.

The Supreme Court of Japan ruled that whether to divorce is essentially a matter between a married couple, and that the adulterous partner should not bear direct responsibility for the couple’s breakup.

However, the court noted that it is possible to claim damages against such a partner who has intervened in a married couple’s relationship with the aim of causing them to divorce.

The Japan Times article is here.

 

Fault, Adultery, and Divorce

Posted by Ron Kauffman on

No-fault divorce has been a part of American law for decades. We forget that the law is not universal. In some countries you have to prove adultery or other fault to divorce. That’s the case in England but the law may change if a new bill passes Parliament.

Adultery DIvorce

Faulty Towers

Under the Matrimonial Causes Act 1973 in England and Wales, anyone seeking divorce must prove fault through adultery, desertion or unreasonable behavior.

If both sides agree, they can part after two years of separation. In the absence of consent or evidence of fault, applicants must wait until they have been living apart for five years.

Former Conservative British Member of Parliament and now  Secretary of State for Justice, David Gauke, wants to reform the law in England. So far, responses received by the Ministry of Justice showed widespread support for the initiative.

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.

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.

Fault Lines

Demands for change mounted after a case was decided last year; a case which I wrote about at the time. The English supreme court ruled last year that a woman could not divorce her husband until a period of five years had elapsed. The Labor Party in England has also supported changing the law, which has remained unaltered for nearly 50 years

No-fault divorce was first introduced by the Family Law Act of 1996, but its provisions were later deemed unworkable and it was repealed. It has been widely supported by prominent members of the judiciary, lawyers and relationship charities.

There should be no law in our society that traps one human being into being married to another when they long to be free of them. That is just another form of slavery.

The Independent article is here.

 

Turkish Delight

Posted by Ron Kauffman on

Another fault-based divorce ruling comes from Turkey’s Directorate of Religious Affairs, which issued a fatwa stating that if a man refers to his wife as either “mother” or “sister,” their marriage will be deemed divorced. What is no-fault divorce?

A Real Turkey

According to Turkey’s Hurriyet newspaper, if a man tells his wife that he sees her as a mother or sister, the man will be considered divorced from his wife.

However, if they have not divorced before, they may come together with a new marriage,” it said.

If a man says those things or other phrases like “I divorce you”, “You are not my wife”, “Be free”, “Go off”, or “Go to your father’s house” to his wife with the intention to divorce, the divorce has taken place in terms of Islam, even if it is sent by SMS or by e-mail.

Previously, the Diyanet, the Turkish Religious Affairs Directorate, had issued a fatwa on divorce, stating that couples may get divorced via telephone call, fax, letter, text message or internet.

Turkey’s preeminent religious authority has a long track record of issuing other interesting fatwas. For example, in November, the Diyanet declared the digital currency bitcoin “inappropriate at this moment in time.”

Then it issued a fatwa on hair dye for men, followed by a prohibition on purchasing national lottery tickets. Several days later, it warned against “immoral music.”

Florida No Fault Divorce

I’ve written about no fault divorces before. Historically in Florida, in order to obtain a divorce in Florida, one spouse had to prove the existence of legal grounds such as adultery.

Proving fault often required additional expenses on behalf of the aggrieved party, only serving to make the divorce process more expensive and cumbersome than it already was.

In the years leading up to the enactment of “no-fault” divorce, courts often granted divorces on bases that were easier to prove, the most common being “mental cruelty.”

Over time, the “no-fault” movement expanded to other states, although interestingly it only reached the typically progressive state of New York in 2010.

The Triple Talaq Divorce

Islamic countries have been convulsing lately with the divorce concept of “triple talaq.” Turkey’s Diyanet issued a similar fatwa. According to Hurriyet:

Divorcing your spouse by saying ‘talaq’ three times via phone call, letter, SMS, internet and fax are as valid as saying it to their face. However, in this situation, the husband should not deny the divorce.

If a woman is divorced through written methods such as a text message or letter, she should ensure that the message was sent by her husband.”

The religious body, Diyanet, has no power under Turkish law to issue a divorce. Civil courts grant separations under the 1926 Turkish civil code law. However, Turkey has become increasingly religious over the past several years.

The institution serves the Prime Minister’s office, is responsible for the appointments of personnel at mosques, drafts centralized sermons read at all mosques, and issues fatwas.

Critics argue that the Diyanet is against the impartiality required of a secular state, and that it promotes only one understanding of Islam in Turkey and abroad.

The Hurriyet article is here.