Tag: Divorce

Short Term Alimony for a Three-Minute Marriage

Posted by Ron Kauffman on

In Kuwait, a newly married woman demanded a divorce within three minutes of signing her marriage contract. The Kuwaiti marriage is one of the shortest on record. But here’s an interesting question: what if she asked for short term alimony?

Short Term Alimony

Sands of Time

What lead to such an abrupt change of mind about nuptials? According to Kuwaiti news sources, the newly married woman tripped before exiting the courthouse with her husband after the judge married them.

Her newly minted husband made the “classic” new husband mistake: he started laughing at her for tripping and then called her “stupid”.

The bride became so infuriated with her new husband’s naïve mistake, she returned to the courthouse and demanded a divorce from the judge who just married them.

The Kuwaiti judge agreed and served an annulment just three-minutes after he originally married them. The couple, who live in Kuwait, never even left the courthouse as husband and wife.

So, is she entitled to any form of alimony?

Florida Alimony

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 Kuwaiti case, a three-minute 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.

Are congratulations in order?

Many on the internet who heard about the case responded in support of her choice, lauding her decision because, as one put it, “If this is how he acts in the beginning of their lives together, then its best she leaves now.”

Another responded, “Marriage without respect is a failed one from the start.”

A Twitter user commented: “This woman is a queen” In another case a bride who insulted her husband-to-be when she arrived at the altar and demanded the groom change his outfit. It’s believed to be the shortest marriage in Kuwait’s history.

The Khaleej Times article is here.

 

Divorce Dress Code?

Posted by Ron Kauffman on

There are a lot of curious family laws around the world, but a divorce dress code? One of the most peculiar laws comes from the African nation of Ghana, where divorce is permitted on one condition: the parties attend divorce court dressed the way they dressed at their wedding ceremony.

Divorce Dress Code

This is your Ghanaian Divorce

According to viral news reports – from such trusted sources as the internet – citizens of Ghana are allowed to divorce but only if they attend court dressed the same way they dressed at their wedding; with wedding gowns and tuxedos.

This condition creates very humorous situations in the so-called “Divorce Rooms”, where Ghanaians must go if they want to end their marriage.

In other African countries like in Togo, to be able to divorce, first you must go to your mother-in-law and explain your reasons for divorce in the hope you can receive her approval. Togo today may have a 0% divorce rate.

Florida Divorce

The official term for divorce in Florida is “dissolution of marriage”, you don’t need to show fault, and you definitely don’t have to wear your wedding gown.

Instead, you need to prove you have been a resident of the State of Florida for more than six months before filing your petition and be able to state under oath that your marriage is “irretrievably broken.”

Additionally, mental incapacity is grounds for divorce in Florida, but a court must determine one of the spouses to be incompetent after an examination by a committee. If there is a declaration of mental incapacity, there is a three-year waiting period.

While there are no dress codes in Florida, I’ve written about how you should dress in court before. For example, and as one couple painfully learned, don’t come to a custody hearing wearing your Nazi uniform. You should instead dress in a neat and professional manner.

Meanwhile in Nigeria…

Sure, the Ghana divorce dress code story is fake news. But the idea of dressing appropriately for court is a universal concept. It shows respect for yourself, your children, the court, and the people who labor in it.

In other news, it appears a Nigerian man really did marry his guitar in a ceremony in Lagos. Harris Best shared photos of himself and his guitar – which he dressed in a white wedding gown – on his Twitter account. He took other musical instruments to the wedding venue at Aguda Local Council Development Area in Lagos.

The PM News article from Nigeria is here.

 

Rules for a Divorce Announcement

Posted by Ron Kauffman on

Amazon CEO Jeff Bezos and his wife MacKenzie announced their divorce last week. Being the world’s richest man, a divorce announcement is big news. But as the Wall Street Journal reports, there are rules to writing one.

divorce announcement

“Alexa, read me a divorce announcement”

In a world of social media, where personal news like divorce can spread to millions in minutes, the days of sitting down and privately explaining to friends and family your decision are over.

For CEOs, its also a matter of re-assuring shareholders, employees, and customers that they won’t experience any turbulence.

Announcements allow you to frame the narrative of your case: to set the tone and story so others don’t have to guess what’s going on or how you approach divorce.

“Alexa, what do you need to divorce”

I’ve written on various topics about divorce. There can be good and bad divorces. How you announce your divorce these days has dramatically changed. This change has given you a lot of power over how your break-up is perceived by others.

But does it matter? Historically to obtain a divorce, you had to prove legal grounds such as adultery. This often-required additional expenses making the divorce process more expensive and cumbersome than it already was.

Florida Statutes actually still provide that these things may be considered in certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility, but courts give them little consideration from a legal perspective.

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. Because of the advent of no-fault divorce, your announcements should be focusing on things other than the cause of the divorce.

“Alexa, write an announcement”

You don’t have to be famous to announce your divorce. Actress Gwyneth Paltrow invented the catchy phrase: “conscientious uncoupling” in her divorce announcement from singer Chris Martin. That announcement put a good spin on her divorce. But, there are some other good rules to follow.

Rule One

Wait until the decision to split is final. If you’ve announced your divorce and then reconcile, it could get awkward.

Rule Two

Announce publicly after you’ve told your children, family and close friends. Remember the point is to own the narrative, so get your message out ahead of gossip and speculation.

Rule Three

Strike a positive tone — remember that your children and family will be reading it — and present a united front.

Rule Four

Don’t lie. If you don’t love your ex, don’t say: “Although we still love each other we need to move on.” It’s enough to state that it just didn’t work out.

The Wall Street Journal is available here.

 

A Prenup Guide Down the Amazon

Posted by Ron Kauffman on

Twenty-five years after marrying, Jeff Bezos announced he is filing for divorce from MacKenzie. Unless there is a prenuptial agreement to guide them, investors holding high-priced shares of Amazon will be wondering if they should proceed to checkout.

Prenup

Prime Divorce

According to CNN, the Bezos are the world’s richest couple, and they recently announced they are getting a divorce “after a long period of loving exploration and trial separation.”

The divorce could drastically reduce Bezos’ stake in Amazon and open the door for his wife to become one of its largest shareholders, with new leverage at the company.

Given that Amazon launched after the pair were married, virtually all of Jeff Bezos’ current $137 billion net worth could be considered community property and have to be equally divided.

But is there a prenup or post-nup agreement to guide them?

Florida Prenuptial Agreements

I’ve written about prenuptial agreements before. Prenuptial agreements are about more than just resolving uncertainty in a marriage.

When a spouse is also the CEO of Amazon, they can be a guide past dangerous price swings. For example, when the CEO of Continental Resources was getting divorced, shares of his company dropped 2.9%. Conversely, when Rupert Murdoch announced his divorce, shares of News Corp gained 1.4%.

Why? Because in Rupert Murdoch’s case, the divorce announcement stressed the parties’ prenuptial agreement, that there would be no spin-offs, and a divorce would have “zero impact” on the company

A prenuptial agreement (or “prenup” for short) is a contract between people intending to marry. A prenup determines spousal rights when the marriage ends by death or divorce. This can be especially important in second marriages.

If you divorce without a prenup, your property rights are determined under state law, and a spouse may have a claim to alimony while the suit for divorce is pending and after entry of a judgment.

That’s where prenups come in. Prospective spouses may limit or expand state laws by an agreement. Prenups are also used to protect the interests of children from a prior marriage, and to avoid a contested divorce. Prenups can be a reliable guide down rough rivers if they’re done right.

Proceed to Checkout?

It is not known whether the Bezos have a prenuptial agreement. It’s also unclear where they might file for divorce. Assuming there is no agreement, the Amazon CEO may need to either sell off or transfer half of his stake in the company to fulfill an equal split for the divorce.

Unlike other tech CEOs, Jeff Bezos’ control over Amazon doesn’t come from having a majority of voting power at the company, but rather from a strong leadership track record over two decades.

Divorce without a prenup can hit publicly traded companies hard. CEOs might be forced to sell or transfer shares as part of a property division. Selling shares can reduce a CEO’s influence and impact decisions regarding corporate strategy, asset ownership, and board composition. Divorce also impacts productivity, concentration, and energy levels because divorce is stress, and divorce can change appetite for risk.

The CNN article is here.

 

Divorce Surprise

Posted by Ron Kauffman on

In what is being hailed as another win for women’s rights, Saudi Arabian women who have been divorced by their husbands will now have to be notified they’ve been divorced via text message to avoid a nasty divorce surprise.

Divorce Surprise

Deserted

According to the Saudi Arabian Justice Ministry, Saudi courts have started notifying women of marital status updates via SMS and enabled them to view relevant probate certificates through the Ministry of Justice (MoJ) online portal.

Saudi courts have started to send such notifications starting on January 6, 2018, a step aimed at protecting the rights of female clients, and enhancing digital transformation with more services.

The courts notify women of probate certificates related to marital status — upon approval — through their Absher-registered mobile numbers,” the ministry explained. “The message includes the certificate number and the name of the relevant court.”

Female clients can also visit the court or the court president’s office in order to obtain a copy of the divorce certificate, if any.

Florida Due Process

I’ve written about many jurisdictional aspects on divorce in Florida and will be speaking at the Florida Bar Family Law Section and AAML Certification Review Course later this month in Orlando.

A divorce in Florida is a civil lawsuit, and basic Constitutional notions about Due Process require, at a minimum, that a party to a divorce be given notice of the proceedings and a real opportunity to be heard and defend themselves in an orderly procedure.

When courts violate Constitutional protections of due process rights, court commit fundamental error. This frequently happens when a court expands the scope of a hearing without proper notice.

For example, a court can violate due process by considering one motion at hearing that was scheduled and noticed for a different motion! Frequently trial courts will schedule a matter for a case management conference but turn the proceeding into a final evidentiary hearing. Family courts can be held to violate due process rights when that happens.

Exceptions

There are situations in family law in which notice may not be required. A good example of this is a temporary injunction.

Temporary injunctions may be granted without written or oral or even text notice if, immediate and irreparable injury, loss, or damage will result to the movant before the adverse party can be heard in opposition; and the movant’s attorney certifies any efforts to give notice and why notice should not be required.

It is important to keep in mind that a temporary injunction is an extraordinary remedy that is granted sparingly.

Just Desserts

What is happening in Saudi Arabia is a different matter entirely. The new notice move is designed to stop the practice of men ending marriages without telling their wives.

The Saudi courts started to send such notifications Sunday in:

a step aimed at protecting the rights of female clients, and enhancing digital transformation with more services.

The message will include the divorce certificate number and the name of the relevant court where the women can pick up the documentation.

The government move comes as part of social and economic reforms known as Vision 2030 being promoted by Crown Prince Mohammed bin Salman. The reforms have included women being given the right to drive.

The Saudi Ministry statement is here.

 

New Year Divorce

Posted by Ron Kauffman on

You are not alone. Divorce filings surge in January as people decide to start their New Year with a clean slate, helped by a stressful holiday period and, perhaps, even more stressful family members. What should you do if you’re considering a new year divorce?

new year divorce

New Year Resolutions

I’ve written about divorce issues and their causes before. As Market Place reports, being cooped up in a house during the holidays 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.

People want to wait until after the holidays – especially if they have younger children at home. They think:

Let’s not ruin the holidays and their memories with a divorce. Let’s wait and talk about how we want to move things along in the new year.

And after seeing other families at their best on Facebook and Instagram – the idea of perfect looking families haunts many couples who wonder why their lives don’t look as happy.

That’s probably because people don’t post bad selfies with their families or write about how awful things are on social media. So, people’s perception of what other people are thinking about during high stress times like the holidays is misleading.

Another word of caution, due to the new tax code changes, the recipient of spousal support will not have to claim it as income and the payor will not be able to use alimony as a deduction any longer.

What should you do? 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.

Have a Happy New Year

As Market Watch further reports, there is good reason for treating a divorce like a calm business deal. Don’t rush to file. Think about your end game. Many people file quickly out of anger perhaps after learning of a spouse’s misconduct. But it’s better to be strategic.

Divorces are up there with a major investment like buying a home. There’s one big difference with divorces though: They can be devastating for your finances, especially if your partner earned more money and the couple are forced to sell their home.

The Market Watch article is here.

 

Divorce in a Fortnite

Posted by Ron Kauffman on

Are too many pro athletes playing Fortnite? Is Fortnite addictive? Has Fortnite caused hundreds to divorce? This Christmas, many people are asking those very questions as everyone settles into play their holiday gifts.

Divorce Fortnite

Launch Pad

According to the Independent, numerous reports – published by just about every news major news organization – have recently claimed that some 5% of divorces are being caused by the online game.

The sources can all be traced back to one website called Divorce Online, which provides tools to people who are splitting up and need legal advice. And that pointed to some numbers that make clear that the story might not be all that it seems.

In fact, what actually happened is just a standard and depressing break down of relationships because of an addiction to online games. And the recent reports about Fortnite appear to be just a consequence of something being too good – or bad – to check.

All of the reports originated with that post on Divorce Online. Its headline read “Is Fortnite becoming a relationship wrecker?” and it went on to say that the site had dug into data generated about the people who were using its services.

“The company has done some data mining after seeing an increase in enquiries where Fortnite has been mentioned as part of the reason someone wanted to file a divorce”.

“It has received 200 divorce petitions since January 1st 2018 where addiction to Fortnite and other online games has been cited as one of the reasons for divorce.”

Many took that sentence and wrote stories suggesting that 200 divorces this year had been caused by Fortnite. But if that seems like a high number, it’s because it probably is: that “and other online games” is doing a lot of work, allowing the site to tie the news to a game that is famous but which might not have been cited in those divorces, which were actually about games in general.

Florida No Fault Divorce

Whether Fortnite is the reason for a marriage going bad or not, is largely irrelevant in getting a divorce in Florida. That’s because Florida has enacted a “no-fault divorce” law.

I’ve written about the no-fault concept before. The official term for divorce in Florida is “dissolution of marriage”, and you don’t need to prove some kind of fault as grounds for divorce. Florida abolished fault as a ground for divorce.

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.

However, fault may be considered under certain circumstances in the award of alimony, equitable distribution of marital assets and liabilities, and determination of parental responsibility.

Battle Royale

Digging into the numbers, Divorce Online gave absolutely no indication how many of those divorces were caused by Fortnite itself. So possibly fewer than 200 divorces were caused by the game. Possibly, the other divorces were caused by other games.

More likely, the numbers reflect digital addiction in general. “These now include online pornography, online gaming and social media, so it is no surprise to us that more and more people are having relationship problems because of our digital addictions,” the site wrote in quotation attributed to a spokesperson.

“Fortnite is all over the news right now as one of the most addictive digital games ever played”.

The Independent article is here.

 

Merry Christmas

Posted by Ron Kauffman on

The divorce and family law offices of Ronald H. Kauffman, P.A. will close at 2 PM on Monday, December 24 for the Christmas holiday. We will re-open at 9AM on Wednesday December 26. We wish you and your family a Merry Christmas.

divorce holidays

Before the arrival of Christmas is the time to resolve child custody and timesharing problems so you can enjoy your family on the holidays with minimum stress.

Below are suggestions to make your holiday timesharing issues a little easier:

  • Alternate. Some families alternate the holiday every other year. If you get the kids this year, next year will be the other parent’s turn. Having a regular plan to fall back on can eliminate the potential for what is fair.
  • Be flexible. An easy holiday schedule for everyone may require some changes from the normal visitation schedule.
  • Be respectful. You may not want to be friends anymore, but you need to figure out how to communicate with your ex without all the emotional baggage.
  • Don’t mix issues. Do not bring up unrelated issues which could make a problem free Christmas dinner impossible. Set aside your differences until after the holiday season.
  • Pick your battles. Christmas may even be more important to you than Easter is to your ex-spouse. Don’t fight just for the sake of fighting.
  • Protect the children. Your children’s memories of Christmas morning should be about family, food and fun. They should not be forced to witness you and another parent arguing.
  • Plan. Start talking about the holiday visitation schedule sooner rather than later, the longer you wait the harder it can be.

Going through a divorce during the holidays is always stressful. But the weather has cooled and the kids are on vacation. Try to make the holidays the best time of year.

 

Divorce and Short Term Marriages

Posted by Ron Kauffman on

Baretta action star, Robert Blake, has filed for divorce from his third wife, Pamela Hudak, just a year after the two strolled into Beverly Hills City Hall to obtain their marriage license. What is the impact of such a short-term marriage on divorce?

divorce alimony

And that’s the name of that tune!

According TMZ, actor Robert Blake filed docs in Los Angeles Friday to call the relationship quits. The 85-year-old married Pamela Hudak in Spring of 2017. The couple had known each other for decades and even dated years ago. Blake was previously married to Sondra Kerry from 1961 to 1983.

Florida Divorce

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.

The Length of your 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.

Don’t do the crime if you can’t do the time.

Blake was accused of murdering his second wife, Bonnie Lee Bakley. Blake was her tenth husband. Bakley was fatally shot while sitting in Blake’s parked car outside a Los Angeles-area restaurant in May 2001.

In 2002, Robert Blake was charged with Bakley’s murder, solicitation of murder, conspiracy and special circumstance of lying in wait. In March 2005, a jury found Blake not guilty of the crimes.

Seven months later, Blake was found liable in a wrongful death lawsuit brought against him by Bakley’s children. Officially, Bakley’s murder remains unsolved.

The TMZ article is here.

 

Happy “Good Divorce Week”?

Posted by Ron Kauffman on

Well it is the holiday season. According to the Financial Times, it’s “Good Divorce Week” (that’s really a thing). In Britain the aim is to help resolve a divorce in a constructive way and minimize the impact on children. The idea may work well here too.

Divorce

The Long and Winding Road

For most people — especially those going through a separation — a “good divorce” sounds like an oxymoron. Contentious splits are common, and likely to involve a lot of wasted time, anger and money.

But going to court is not the best way to resolve family issues. Mediation and negotiation can be cheaper, quicker and less stressful.

Increasingly, the collaborative process is becoming more widely requested by clients and helps keep costs and anger down.

Why do people in the UK divorce? According to the article, unreasonable behavior is the most common basis for divorce — accounting for 52% of divorce petitions brought by women, and 37% of those by men. However, research says adultery is the most common reason for divorce, followed by couples growing apart, struggling with money issues, abuse and addiction.

Let it Be: Florida Divorce

I’ve written about divorces 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.

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.

Back in the UK

Sarah Coles, has been researching the costs of divorce in the UK, and how a good divorce can reduce these. For starters, fighting in court can be expensive, so you need to ask yourself whether you really need to fight over who gets the pots and pans.

Mediation can dramatically cut costs of a divorce. If you have a reasonably good and equal relationship with your ex, this brings you together in a room with a single lawyer to hammer out the details.

To enable this, separating couples need to keep the channels of communication open.

Unsurprisingly, it is the financial settlement that causes huge stress. The article advises couples to decide their priorities when it comes to finances and matters relating to their children.

Remember that a bad credit record can affect you both, and that if you move out of the family home, but are still named on the mortgage, you are still jointly liable for the monthly repayments.

The Financial Times article is here.