Tag: Divorce

Greener Grass and the Marriage Length

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Greener Grass and the marriage length come to mind now that country singer, Carly Pearce, filed for divorce from fellow country star Michael Ray after a startling eight-month marriage. What does the length of a marriage mean in a divorce?

Divorce Length Marriage

It Won’t Always Be Like This

Their wedding took place on a farm outside of Nashville, Tennessee. Located on 40 rolling acres, the venue features a 19th-century mansion, three barns and a pavilion. Though the couple had hoped for an outdoor wedding, the weather didn’t oblige. All-day rainstorms drove the ceremony into one of the farm’s barns.

While her whimsical wedding was nothing short of a fairytale, eight months later, the 30-year-old singer filed for divorce from Michael. Pearce is an American country music singer and songwriter. Her material contains elements of both traditional and contemporary country-pop music.

She began performing professionally in her teens, appearing on several albums of bluegrass material in the 2000s. After moving to Nashville, Tennessee, she began gaining more widespread notice.

She first gained major recognition in 2017 when her self-penned “Every Little Thing” found acclaim on satellite radio. The song helped her secure a major label recording contract and became a major hit, reaching number one on the Billboard Country Airplay chart.

Her debut album of the same name debuted in the top five of the Billboard Top Country Albums chart. Pearce has since released new material, including the 2019 single, “I Hope You’re Happy Now”.

Pearce released her second studio album, “Carly Pearce,” in February. Her duet with Lee Brice, “I Hope You’re Happy Now,” recently topped the Billboard country charts.

As recently as March, the couple appeared to be spending time together in quarantine. Pearce posted a selfie of her and her husband hanging out in lockdown.

Florida Marriage Length

I’ve written about divorce and the length of a marriage before. Florida Statutes actually define what the length of your marriage means. 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 the Pearce case, an eight-month marriage would be considered “short-term” under Florida law. Is there short-term alimony for a short-term marriage? 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.

“Love Has No Heart”

In April, the pair exchanged sweet birthday messages on Instagram.

“Happy Birthday to this guy, who also happens to be celebrating a Top 20 single this week (PROUD)! Of all the photos I have, I chose this one because I miss getting these secret selfies from guitar solos during your shows. What a crazy time, but I’m thankful to have you to go through it with. I hope this year is your best yet and brings you happiness, fun & enjoyment in life. Love you.”

Ray also wished his wife a happy birthday in April on Instagram.

There is so much going on around us but today it gets put on hold to celebrate your heart and you as a beautiful human. You ended your 20s with Platinum and gold singles you’re an inspiration tink and what a way to close it out. Now 30 it’s gonna be a decade that elevates all of life even higher. Hope you feel all the love you deserve today because you deserve it!”

In recent months, though, photos of the couple together became less frequent on social media. Pearce and Ray have not commented publicly on the reason for their split.

The Tennessean article is here.

 

Israeli Prenuptial Agreements are Kosher

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Whether Israeli prenuptial agreements are kosher is a big question in the holy land as Israel’s version of Real Housewives, Nicol Raidman, has filed for divorce from her former oligarch and billionaire industrialist husband Michael Cherney.

Israeli Prenuptial Agreement

Land of Milk and Honey

Nicol Raidman is a businesswoman, socialite and former reality TV celebrity in Israel, who recently announced she is divorcing her billionaire husband in what is shaping up to be the most expensive divorce lawsuit in Israeli history, Channel 12 news reported Monday.

After 11 years of marriage, Raidman and industrialist Michael Cherney are dissolving their union. But Raidman is alleging that Cherney has failed to honor his prenup with her, which promised her $25 million (NIS 86 million) in any settlement.

She is now planning to take Cherney to court and demanding hundreds of millions of shekels under their prenuptial agreement.

Prenuptial agreements are generally enforceable in Israel, if authorized before a notary, a marriage registrar, or by the family court or the religious court. In fact, former Justice Minister, Ayelet Shaked, called on couples getting married to sign prenuptial agreements to ensure that husbands will not withhold a get, or Jewish writ of divorce, from their wives.

In Israel, where all divorces are subject to religious law, the norm has left thousands of women in legal limbo due to husbands who refuse to grant divorces. The phenomenon has received a lot of attention in recent years as rabbis try to battle husbands who are “get-refusers.”

Some Jewish groups mandate its members require couples to sign a prenuptial agreement to avoid such scenarios. The agreement, commonly referred to as a “halachic prenup,” generally penalizes the husband financially for refusing to give the get.

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are not just for celebrity sports figures, and they are about much more than just resolving uncertainty in a marriage.

Any couple who brings any personal or business assets to the union can benefit from one. They are also important to have in place before a couple starts investing in businesses, properties and other investments. But prenups are frequently challenged in court.

Florida has both case law and a statute to help lawyers, judges and the parties determine if a prenuptial agreement is enforceable.

For example, Florida courts must consider things such as fraud, duress, coercion, in addition to the unfairness of the agreement, and whether there was any financial disclosure.

Real Housewives of the Holy Land

Cherney’s lawyer told the network that any and all claims would be made to the court rather than the media. Raidman is known to be a close friend of Prime Minister Benjamin Netanyahu’s wife Sara.

In 2011-2013 Raidman took part in the Channel 10 reality television show “Me’usharot” based on the US show “The Real Housewives.” She has launched her own luxury clothing and perfume brands.

Cherney, an oligarch who made his fortune in the former Soviet Union, is a close confidant of Yisrael Beyteinu party leader Avigdor Liberman. The couple have two children.

The Times of Israel article is here.

 

Coronavirus Divorce Spike and Property Prices

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The coronavirus divorce spike is having an impact on property prices. Many have heard that the financial impact of shutting down the economy, coupled with the stress of being in quarantine for months, is causing a surge in divorce rates. That increase is also impacting property values.

divorce property

House Hunters

In Great Britain, there has been a 42% rise in divorce inquiries between mid-March and mid-May, compared with the same period in 2019, according to the figures from Co-op Legal Services.

Based on the latest divorce data from the Office for National Statistics (ONS), this could mean an extra 38,346 couples could be calling it a day in 2020.

Some are speculating that therefore; the property market could see a boost of 38,346 homes entering the market if these additional divorces lead to the sale of the family home.

With the current average UK house price at £243,809, the addition of divorce properties hitting the market could total over £9.34bn ($11.85bn) in transactions for the property market, according to research from estate agent Barrows and Forrester.

Florida Divorce

I have written on the topic of divorce and coronavirus issues in the past. For many couples simply putting a shared home up for sale may seem like the simplest solution, but remember, that step won’t automatically erase all mortgage headaches or end the need to co-operate with your former spouse.

You will still need to agree on a realtor and asking price as well as determine how the continuing mortgage payments will be made. Will you be splitting the expense 50/50? Will the spouse who continues living there make the full payment?

If your home sells for more than the outstanding balance on the mortgage, how will the remaining proceeds be divided between you both after settling the joint debt? Worse, if you end up underwater on the mortgage, you’ll have to decide if you can even afford to sell it and how you’ll pay off the remaining debt if you do.

There are also the taxes. You can each exclude the first $250,000 in capital gains — the amount your home has appreciated in value since you bought it — from your taxable income, if the home was your primary residence and you owned it for more than two years.

If you opt to file a joint tax return, you can exclude up to $500,000. Earnings above that exclusion or on the sale of, say, a vacation property, could stick you with a tax bill.

Miami Divorce Spike and Property Prices

The surge in divorce filings and the impact on property owners, it is thought, could provide a much needed boost to the industry which saw market activity slow to a trickle for much of the lockdown as the UK government urged against house moves, with many estate agents shutting their doors with physical viewings and valuations off the cards.

The coronavirus sparked the biggest monthly fall in UK house prices since 2009, according to lender Nationwide’s closely followed house price index.

The same is true in Miami, where home sales in South Florida plummeted in April. Sales of both condos and single-family homes dropped nearly 40% in Miami-Dade and Broward from the same month in 2019.

Incredibly, median prices continued to increase. Median prices rose for both single-family homes and condos, despite the pandemic and drop in sales. Sales under contract in February and March, closed in April, reflecting a strong first quarter.

The median price for single-family homes grew by 7.3%, from $356,000 to $382,000. The median condo price increased by 6.9%, from $248,000 to $265,000.

More than 90% of median-priced single-family homes and condos sold for at or near the asking price. Cash transactions comprised 22.1% of all transactions, down from 34.8% in April 2019. That’s still more than the national percentage of 15%.

However, some think divorce property on the market could lift property stock and keep prices up amid a considerable increase in buyer demand since the industry lockdown was lifted in May.

Unfortunately, divorce is an inevitable aspect of modern-day life and one that has been exacerbated as a result of a lengthy lockdown at home with our significant other. It’s also one of three influences that regularly see properties come to market, along with death and debt, as couples look to divvy up their existing assets in order to move on in life.

The one positive of this is there has been a huge uplift in buyer demand since the property industry reopened last month but a continued hesitance by some sellers to list and this stock boost should help meet this demand while helping keep house prices buoyant.”

The UK Yahoo article is here.

 

The Divorce Pandemic hits Saudi Arabia

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

Saudi Divorce

Dry Statistics

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

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

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

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

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

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

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

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

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

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

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

Florida Divorce

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

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

The only ground you need to file for divorce in Florida is to prove your marriage is “irretrievably broken.” Additionally, the mental incapacity of one of the parties, where the party was adjudged incapacitated for the prior three year, is another avenue.

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

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

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

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

Shifting Sands

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

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

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

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

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

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

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

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

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

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

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

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

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

The Al Arabiya article is here.

 

Can Divorce Privacy Fly?

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Singer R. Kelly no longer needs to wonder can divorce privacy fly in his case. We now know his legal name is Robert S. Kelly, and a lot of embarrassing information he wanted kept private. Although the files were initially sealed by the court in his divorce case, they have been opened to the public by an appellate court.

divorce privacy2

Surviving R. Kelly’s Divorce

In 2006, R. Kelly filed a petition to dissolve his marriage with wife Andrea. In June 2013, the family court entered an agreed order directing that the entire court file be sealed because of a “serious likelihood of the media culling through the record for the purpose of revealing painful, potentially scandalous, details.”

In 2019, radio station WBEZ and the Chicago Tribune filed a joint motion to access the sealed court files after a more than $160,000 in unpaid child support landed the singer in jail, and just three weeks after Kelly was jailed while gathering the cash to post bond on criminal sexual abuse charges tied to allegations by four women.

Kelly and his former wife have been battling over finances for more than a decade, with the embattled R&B singer and his reality TV star ex each claiming poverty at times, the unsealed divorce filings show.

Among other revelations, Kelly was repeatedly accused of falling behind on child support and he sought to reduce them, claiming he had seen a “steady decline in his popularity” due in part to his “age, drastic decline in record sales, increased album purchase prices …. and the overall economic downturn.”

In response, Andrea Kelly tried to have his child support payments increased, saying he had “gone to great extents” to hide his income and assets. She also noted in the filing that her pay from the reality TV show “Hollywood Exes” wasn’t sufficient to pay the bills.

Kelly’s attorneys revealed that the singer faced a tax liability of more than $7 million and that the mortgage on his house in suburban Olympia Fields — often mentioned as the site of his alleged improper sexual encounters with teenage girls — had been foreclosed.

As long-standing allegations of predatory sexual behavior against Kelly gained public attention, his former wife accused him of withholding payments as punishment for her speaking out about his alleged abuse. In turn, Kelly has said her public allegations have made it difficult for him to earn money.

Florida Divorce Privacy

I’ve written on divorce privacy issues before. Divorce privacy is an issue that comes up a lot. Divorces in generally, and court records themselves, are public events, and the filed records of court proceedings are public records available for public examination.

Both the public and the media can challenge any closure order by filing the appropriate motion in court. The closure of court proceedings or records should only occur when it’s necessary to comply with established public policy, to protect trade secrets; or to protect children in a divorce among other reasons.

In addition, Florida has new rules protecting sensitive data from public view. This includes protecting Social Security, Bank Account, Debit, and Credit Card Numbers because if those numbers are included in a document, they may become part of the public record.

If information is absolutely required, there is a rule with procedures for sealing and unsealing of court records. Also, the Clerk of Court has the authority to redact or make confidential only specific information.

If sensitive information has already been filed in Court Records, you must complete and submit a “Notice of Confidential Information Within Court Filing” in order to remove or seal it.

“When a Woman’s Fed Up”

Andrea hinted at the long legal tussle in comments for the Lifetime documentary series “Surviving R. Kelly,” which featured multiple women accusing Kelly of wrongdoing and amplified the wave of public backlash against the singer.

“People think that I’m living this great, lavish life, but they don’t understand,” she said. “… People just think oh, you know, she wants to come forward now because the checks stopped. … The checks have been over for a very long time.”

Originally, the family court order allowed public access “to the entire court file, including the redacted documents and noting the sealed documents” beginning on August 13, 2019.

But then the court clerk placed material in the public file that the court had ordered to be sealed and the court thereafter restricted further access in the best interest of the children.

WBEZ appealed and the appellate court reversed finding the right of the public to review court records is supported by constitutional guarantees and case law.

“Litigation is a public exercise; it consumes public resources. It follows that in all but the most extraordinary cases complaints must be public. Consequently, judicial proceedings in the United States are open to the public.

Access to judicial records is not absolute, and every court has supervisory power over its own records and files, so it may deny access at times. The party opposed to public access must establish both that there is a compelling interest favoring a closed file and that the protective order is drafted in the least restrictive manner possible.

One scenario in which a court may deny public access is where the court finds that a public hearing may be detrimental “to the child’s best interests.” In a dissolution of marriage case, the court may order the sealing of records of “any interview, report, investigation, or testimony.

Here, the appellate court found redacted documents that didn’t contain confidential information relating to the parties’ children’s medical care, nor otherwise support the court’s concern for the best interests of the children.

The documents also did not refer to a child of either party, and they didn’t provide sufficient information to identify any specific other child. At best, redaction merely protected R. Kelly from embarrassment, which is an impermissible basis to withhold material from the public.

In light of the strong public policy in favor of public disclosure of judicial proceedings, we therefore hold that the circuit court abused its discretion in redacting paragraphs 26-29 in the body of count II of the March 2014 motion, and the corresponding prayer for relief in count II.

The Reason article is here.

*Photo credit Andrew Steinmetz

 

Swinging into Divorce

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There are many reasons why happy marriages are swinging into divorce. Some blame the coronavirus quarantine. Others can point to financial causes. But Silicon Valley actor Thomas Middleditch has found another reason: the swinging lifestyle.

Swinging into Divorce3

“Swinging Saved Our Marriage”

Actor Middleditch has excellent advice for any couple wanting to have a successful swinging and polyamorous marriage: Be open about your rules as a couple.

“Mollie and I have created our own rules, and compared to most of the people we’ve met who do this kind of (stuff), our rules are strict. It’s a perpetual state of management and communication, to the point where it’s like, ‘All right, we’ve got to stop. Chill.’ I’m gas, and she’s brakes. This is actually the premise for a comedy series we’re writing together.”

Thomas Middleditch told Playboy in September he and his wife Mollie are into the swinging lifestyle.

The “Godzilla: King of the Monsters” star told the magazine he’s been to some sex parties, “some weird parties that were very ‘Eyes Wide Shut,’ from which I walked away thinking, ‘I don’t need it, but I’m glad I saw that.'”

Mostly, he says, his first concern is his wife. “Anything that happens has to be run by the queen…I love my wife like I’ve never loved anyone before. With two people who feel that way about each other, how do you go down that road? It’s tough. Bring a therapist along for the ride.”

Citing “irreconcilable differences” Mollie Gates filed for divorce on May 28 after they separated on May 22. Mollie has requested spousal support. The couple do not have any children together.

Florida Grounds for Marriage

I have written about some of the various reasons why people divorce in the past: snoring, calling the bride “fat” at the wedding and others. In Florida, a divorce is called a “dissolution of marriage.” Florida 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. Generally, you have to prove that your marriage exists, one of the spouse’s 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.

Every case is different, so results can differ from case to case. Outcomes in a divorce include, among other things, dividing the assets and debts, an award of alimony, determining the amount of child support, and parental responsibility and time-sharing schedules. There is no “one-size-fits-all” or “standard” dissolution of marriage in Florida.

But is that swinging lifestyle the cause of all of the marriage trauma?

Do all good things come to an end?

Ironically, the Silicon Valley actor’s split from his wife Mollie Gates comes just months after he revealed swinging had “saved their marriage”.

A source told People: “They still care deeply for each other and will move forward as friends.” Their split comes just months after Thomas delved into the couple’s sex life with Playboy magazine. The actor, 38, told the publication last September: “Only after I got married was, I like, ‘Mollie, I’m sorry, but we have to get non-traditional here.’”

While this may seem like a standard celebrity separation buried amid more important weekend matters, you may recall that Middleditch gave a widely circulated interview with Playboy in late 2019 about their relationship, where he revealed that he told Gates, shortly after their wedding, that he wanted a “nontraditional” and open marriage.

“To her credit, instead of saying ‘Fuck you, I’m out,’ she was like, ‘Let’s figure this out.’ To be honest, swinging has saved our marriage,” he said at the time. “We have different speeds, and we argue over it constantly, but it’s better than feeling unheard and alone and that you have to scurry in the shadows.” Middleditch also said that their experiences at sex parties is the “premise for a comedy series we’re writing together.”

Well, they may have found what the season finale looks like.

The Vulture article is here.

 

You Can’t Post That: Free Speech and Child Custody

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Free Speech and child custody becomes an issue every time someone posts photos of children on social media. Glowing grandparents should be especially careful. That’s because in the European Union, balancing freedom of speech and privacy has become much trickier after a Dutch court ordered a grandma to take down photos of her grandchildren.

Free Speech and Custody

European Union Speech Laws

In the Netherlands, a woman was asked by her daughter to take down pictures of her children from Facebook and Pinterest several times, but she did not respond. The daughter took this little family dispute to court, and asked a judge to stop her.

A judge in the province of Gelderland, in the eastern part of the country, decided that the grandmother was prohibited from posting photos on social media of her three grandchildren without the permission of her daughter, the children’s mother.

The District Court judge said grandma violated Europe’s sweeping internet privacy law, called the General Data Protection Regulation, or G.D.P.R. In the Netherlands, the G.D.P.R. dictates that posting pictures of minors under the age of 16 requires permission from their legal guardians.

The women, whose names were not provided in the court documents, fell out about a year ago and hadn’t been in regular contact, according to filings in the court case. After the children’s mother asked for the pictures to be deleted without the desired effect, she took the case to court.

Publishing the children’s pictures on social media would, according to the mother, seriously violate their privacy.

The Gelderland judge agreed that the grandmother did not have permission to post the pictures under General Data Protection Regulation (GDPR) legislation.

Those rules do not normally apply to the storage of personal data within personal circles such as family. However, in this case, the grandmother had made the photos public without the consent of the mother — who has legal authority over which data of her underage children may be stored and shared.’

Florida Free Speech and Child Custody

I’ve written about free speech in family cases before. Family courts have a lot of power to protect children. Florida courts have to balance a parent’s right of free expression against the state’s parens patriae interest in assuring the well-being of minor children. Currently, grandparents have little to no rights to visitation in Florida.

In Florida, there have been cases in which a judge prohibited a parent from speaking Spanish to a child. A mother went from primary caregiver to only supervised visits – under the nose of a time-sharing supervisor. The trial judge also allowed her daily telephone calls with her daughter, supervised by the Father.

The Mother was Venezuelan, and because the Father did not speak Spanish, the court ordered: “Under no circumstances shall the Mother speak Spanish to the child.”

The judge was concerned about the Mother’s comments, after the Mother “whisked” the child away from the time-sharing supervisor in an earlier incident and had a “private” conversation with her in a public bathroom. She was also bipolar and convicted of two crimes.

The appeals court reversed the restriction. Ordering a parent not to speak Spanish violates the freedom of speech and right to privacy.

Not unlike the new EU law, Florida law tries to balance the burden placed on the right of free expression essential to the furtherance of the state’s interests in promoting the best interests of children. In other words, in that balancing act, the best interests of children can be a compelling state interest justifying a restraint of a parent’s right of free speech.

As the Windmill Turns

The Dutch court also held that by posting of photographs on social media, the grandmother made them available to a wider audience, the court’s ruling, published earlier this month, explained.

“On Facebook, it cannot be ruled out that placed photos could be distributed and that they may come into the hands of third parties”.

The judge ordered the grandmother must remove the pictures of her grandchildren from Facebook and Pinterest within ten days, the judge ruled. If she does not, she must pay a penalty of €50 ($55) per day that the photos are online, with a maximum penalty of €1,000 ($1,100).

The daughter had asked to impose a penalty of €250 ($275) per day if the photos remained. According to the mother’s statement, publishing the children’s pictures on social media can seriously violate their privacy.

GDPR is the European Union’s data privacy law, which came into effect in 2018. It gives people more control over their personal data and forces companies to make sure the way they collect, process and store data is safe.

The EU’s intention was to achieve a fundamental change in the way companies use data — with its central idea being that people are entitled “privacy by default.” Although EU countries seem to have taken their data protection obligations under the GDPR seriously, their efforts to balance data privacy and freedom of expression have been more uneven.

Many are concerned that the GDPR’s safeguards to protect the right to data privacy may compromise freedom of expression. As the practice of enforcing the GDPR by family members continues to unfolds, many are watching if the EU can balance privacy and freedom of expression.

The CNN article is here.

 

Property Division and the Family Castle

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For many American families, their home is their castle. When divorce is on the horizon, your castle may fall under attack. Florida’s property division statute requires an equitable distribution of all marital property, but it is not a how-to guide. Money magazine has an article looking at some of your options.

Property Division Castle2

The Coronavirus Crash

Before the silent enemy Covid-19 hit us, the median value of a home in the U.S. was $247,084, and the average amount of mortgage debt a person topped $202,000.

With many experts predicting the coronavirus siege will lead to a surge in divorce, deciding how to deal with your marital home – and its accompanying debt – can be a dangerous financial burden in every case. Below are some strategies to defend your castle.

Selling the Castle

For many couples simply putting a shared home up for sale may seem like the simplest solution, but remember, that step won’t automatically erase all mortgage headaches or end the need to co-operate with your former spouse.

You will still need to agree on a realtor and asking price as well as determine how the continuing mortgage payments will be made. Will you be splitting the expense 50/50? Will the spouse who continues living there make the full payment?

If your home sells for more than the outstanding balance on the mortgage, how will the remaining proceeds be divided between you both after settling the joint debt? Worse, if you end up underwater on the mortgage, you’ll have to decide if you can even afford to sell it and how you’ll pay off the remaining debt if you do.

There are also the taxes. You can each exclude the first $250,000  in capital gains — the amount your home has appreciated in value since you bought it — from your taxable income, if the home was your primary residence and you owned it for more than two years.

If you opt to file a joint tax return, you can exclude up to $500,000. Earnings above that exclusion or on the sale of, say, a vacation property, could stick you with a tax bill.

Keeping the Home

Divorce upends life, and it makes sense that a majority of the time at least one spouse isn’t ready to leave the marital home and add the stress of moving to their to-do list.

The idea of remaining in a familiar, comfortable home can seem even more compelling when there are children who might have to change schools or leave behind friends.

But many financial advisors and divorce attorneys caution against keeping your old home after a divorce, calling it one of the biggest mistakes you can make during the process.

If you want to remain living in the home you once shared with your ex-spouse, you need to carefully review your budget and weigh whether you can individually afford it.

Refinancing the Mortgage

If you have $50,000 in equity in your current home and you’ve agreed to a 50-50 split of its value, you’ll need to come up with $25,000 to buy out your former spouse. In return, your ex-spouse should remove their name from the property title, typically using a quitclaim deed.

If you don’t have the cash, you might need to give up other assets in the divorce negotiations equal to the home’s equity, such as your investment account, 401(k) or IRA.

However, qualifying as a single person can be challenging as lenders will examine your individual earnings, credit history, and savings to see if they believe you’re capable of repaying the loan.

Staying Co-owners of the Manor

If you are unable to refinance or payoff the mortgage, you may be able to keep the status quo. This is not recommended, as it requires a high degree of trust in your former spouse.

Since both your names will remain on the home and on the mortgage, you’ll both be liable for making payments. Should your ex-spouse stop contributing their share, you could face more debt, foreclosure, bankruptcy or poor credit.

Florida Property Division

I’ve written about houses and property divisions before. In Florida, every divorce proceeding the court has to set apart nonmarital property, and distribute the marital property.

Florida judges always begin with the premise that the property distribution should be equal, unless there is a reason for an unequal distribution based on several factors.

One of the factors the court has to consider is the desirability of keeping the home for the kids or a spouse, if it’s equitable to do so, if it’s in the best interest of the child, and financially feasible.

However, whether keeping the home for yourself or the kids is financially feasible requires you to have an honest look at what you can and can’t afford. Some strategies to keep the home include:

Raiding Savings

While not the best solution, pulling from savings can help you keep hold of the home. By obtaining a court ordered qualified domestic relations order or QDRO, you can gain access to a portion of your ex-spouse’s employee retirement plan assets.

Such funds may not be subject to the 10% early withdrawal penalty for people under age 59.5, meaning you’ll save more on taxes by using this money to secure your home than you would by tapping other accounts you may have.

Alternatively, if you have Roth IRA savings, you could pull an amount equal to what you’ve contributed tax and penalty free, again making it a smarter way to meet your mortgage payment needs.

Raising Rents

If you’re really determined to keep the home, but cannot pull from savings or refinance, it might be worth brainstorming ways you can earn income from it to help cover the mortgage and upkeep costs.

Renting out the whole home while you’re on vacation – or even just a bedroom or two when in town – could make you hundreds a night. Airbnb hosts, for instance, can make over $900 a month according to research.

If you can’t refinance the mortgage in your own name, keeping the home isn’t a wise decision. It is better to restructure your life in a way that makes sense in the long run, rather than pillage your other financial accounts.

The Money article is here.

 

Child Custody and Speech Restrictions

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Divorce can be stressful. Parents going through a high conflict child custody case often say and post things they come to regret. Children are the victims. In order to protect children, courts sometimes order speech restrictions in child custody cases, limiting what a parent can say, and removing posts from social media. That’s when the first amendment comes into play.

Custody Speech Restrictions

Boston Legal

Ronnie Shak and Masha M. Shak were married for about 15 months and had one child together. The mother filed for divorce when the child was one year old and then filed an emergency motion to remove the father from the marital home, citing his aggressive physical behavior, temper, threats, and substance abuse.

A Family Court judge ordered the father to leave the marital home, granted the mother sole custody of the child, and after the mother requested it, prohibited the father from posting disparaging remarks about her and the case on social media:

Neither party shall disparage the other — nor permit any third party to do so — especially when within hearing range of the child. Neither party shall post any comments, solicitations, references or other information regarding this litigation on social media.

The mother then moved for civil contempt alleging that the father violated the first orders by publishing numerous social media posts and commentary disparaging her and detailing the specifics of the divorce on social media. The Father argued this was an unfair prior restraint on his speech.

A second family judge, then modified the order stating:

Until the parties have no common children under the age of [fourteen] years old, neither party shall post on any social media or other Internet medium any disparagement of the other party when such disparagement consists of comments about the party’s morality, parenting of or ability to parent any minor children. Such disparagement specifically includes but is not limited to the following expressions: ‘cunt’, ‘bitch’, ‘whore’, ‘motherfucker’, and other pejoratives involving any gender. The Court acknowledges the impossibility of listing herein all of the opprobrious vitriol and their permutations within the human lexicon.

The Massachusetts Supreme Judicial Court granted direct appellate review.

Florida Child Custody and Speech Restrictions

I’ve written about divorce and speech issues before. How you speak to the other parent and the child, and what you post online, can have a big impact on your child custody case.

In fact, Florida Statutes expressly require a family court judge to consider how each parent protects their child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

Family courts have a lot of power to protect children in custody cases. Florida courts have to balance a parent’s right of free expression against the state’s interest in assuring the well-being of minor children.

In other words, the court performs a balancing act using the best interests of children, which can be a compelling state interest justifying a restraint of a parent’s right of free speech, as the measure.

Back in the Back Bay

The High Court held the second judge’s additional language still violated the First Amendment. The State has a compelling interest in protecting children from being exposed to disparagement between their parents.

However, as important as it is to protect a child from the emotional and psychological harm that might follow from one parent’s use of vulgar or disparaging words about the other, merely reciting that interest is not enough to satisfy the heavy burden of justifying a prior restraint.

Here, there was never a showing made linking communications by either parent to any grave, imminent harm to the child. As a toddler, the child was too young to be able to either read or to access social media. The concern about potential harm that could occur if the child were to discover the speech in the future is speculative and cannot justify a prior restraint.

The court did list remedies to deal with disparaging speech. For example, a couple can enter non-disparagement agreements voluntarily, a parent may have the option of seeking a harassment prevention order, or sue for intentional infliction of emotional distress or defamation.

Judges, who must determine the best interests of the child, can also make clear to the parties that their behavior, including any disparaging language, will be factored into any subsequent custody determinations.

The Reason article is here.

 

When World Leaders Divorce

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Courts are open remotely, lawyers are practicing law, and if you are wondering whether you are able to get a divorce, know that the Prime Minister of the United Kingdom, Boris Johnson, was able to obtain his divorce during the quarantine. It’s not just world leaders like the Prime Minister who are now free to plan their future wedding. Now, anyone can start their future after the lockdown restrictions are eased.

World Leader Divorce

London Has Fallen

Boris Johnson, of course, is the Prime Minister of the United Kingdom. The world leader is the head of government of the United Kingdom, and directs both the executive and the legislature, and together with their Cabinet is accountable to the queen, to Parliament, to their party, and ultimately to the electorate, for the government’s policies and actions.

Marina Wheeler, 55, shares four of the Prime Minister’s six children and applied for a decree absolute in February. It is understood that the divorce was granted before Ms Symonds gave birth to Mr Johnson’s sixth child Wilfred last week. Ms Wheeler, a leading barrister, started divorce proceedings last year after she and Mr Johnson separated in 2018.

Florida Divorce

I have written about when divorce impacts a world leader, CEO of a large company, and everyone else. Divorce can be stressful, and can have an impact on people going through it. With the coronavirus spreading throughout the world, and courts on lockdown, it is good to know that legal remedies are continuing despite the pandemic, and that people are still able to get a divorce.

Divorces in the United States are state government remedies. With the family court system prohibiting entry to lawyers and clients except for emergency cases, many think that they cannot get a divorce. The opposite is true.

With the widespread use of zoom, courts are regularly holding divorce and family law proceedings electronically.

British prime ministers, like U.S. presidents, have little connection to divorce. Ronald Reagan was the only president of the United States who was even divorced. Until now. President Elect Donald Trump has been divorced twice.

There are some very interesting statistics about divorce:

– In America, the divorce rate for a first marriage is around 41%.

– In England and Wales the divorce rate is about 42%.

– The divorce rate for a second marriage is 60%.

– The divorce rate for a third marriage is 73%.

– The average length of divorce proceedings in the United States is 1 year.

– Western states have the highest marriage and divorce rates, followed by the South. The Northeast has the lowest marriage and divorce rates.

– Nevada has the highest rate of divorce at 14.7%.

– Florida’s rate of divorce is around 13%

– If a spouse has gained more than 20% of his or her body weight, divorce is more likely.

Back in England

The Prime Minister also has a fifth child, an 11-year-old daughter Stephanie, with art consultant Helen McIntyre. He was previously married to socialite Allegra Mostyn-Owen from 1987 to 1993. Sonia Purnell, Mr Johnson’s former colleague at the Telegraph and author of his biography Just Boris, said his ex-wife played a pivotal role in his political career.

‘Marina was a very important and supportive figure in Boris’s career. She persuaded him to take the McPherson Report into institutional racism in the police seriously. She persuaded him, as Mayor of London, to be more liberal on issues like immigration. He does owe her an awful lot. She has been a real stabilising influence in his life.

Since Ms Wheeler and Mr Johnson separated two years ago, she has surgery for cervical cancer last year and her mother Dip Singh died in February at the age of 87. She said her cancer diagnosis made her appreciate the ‘value of holding close those who you love and trust.’

A source close to the family told the Mirror: ‘Marina has been through so much over the last two years. Fortunately her family have been very close and supportive, particularly her sister Shirin.

‘Marina was an equal in that marriage. There was a point where Boris seemed to have a sense of real regret that he had endangered his marriage with his affairs. ‘Although there is no doubt she was hugely hurt by all his betrayals she would have no interest in standing in his way. She will want to move on with the next part of her life.’

Mr Johnson and Ms Symonds announced they were engaged on February 29, while also announcing they were having a baby in early summer. The couple’s first child, a son, was born on April 29.

The PM and his partner revealed their new son’s full name as Wilfred Lawrie Nicholas Johnson last week, with the first name a tribute to Mr Johnson’s paternal grandfather, Osman Wilfred Kemal, and Lawrie a reference to Ms Symonds’ grandfather.

The Daily Mail article is here.