Tag: Divorce

Divorce and Privacy

Posted by Ron Kauffman on February 27, 2017

How private is your information after filing for divorce? Divorce and privacy come to mind after former Florida governor Charlie Crist announced his divorce from his wife Carole.

After nine years of marriage, U.S. Rep. Charlie Crist has filed for divorce. For a career politician like Crist, divorce and privacy are important for career survival.

The former governor has taken the right tone: “I think the world of Carole. She’s an amazing person. It just didn’t work out for us,” the former governor told the Tampa Bay Times. “I wish all the best for her.”

Crist, 60, said the divorce should have no impact on his service. He and Carole, 47, own a condo in downtown St. Petersburg, and details about whether he will continue to live there have yet to be worked out.

Divorce exacts a heavy financial and emotional toll. For many people, including businessmen, politicians, celebrities and others, this means preserving your good name and legacy for future generations.

New York and several other states try to protect the privacy of litigants by granting document access only to litigants and counsel. This might create a false sense of confidence for clients though, because sometimes the other party leaks information purposefully.

I have written about the topic of divorce privacy before. It is very important to protect the privacy of parties to a divorce, and prevent identity theft, especially when Florida court rules make disclosure of sensitive financial information mandatory.

Some initial steps you can take to protect your divorce privacy include changing the passwords to your computer log-in screen, email accounts, social media sites, such as Linkedin and Facebook, and even your voicemail at work and at home. Change these passwords will help to keep your information private.

Florida recently adopted a confidentiality rule to better protect social security and bank account numbers for instance. But Florida court filings are not private. Privacy – and confidentiality of court filings – are easily overlooked issues when filing for divorce, and something you should be aware of in deciding to file.

The Miami Herald article is here.

It’s Not You: New Year’s Divorce Rush

Posted by admin on January 12, 2017

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, January 12, 2017.

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 in-laws.

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

I’ve written about the recent rise in divorce filings, and many times the holiday season can highlight problems. 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? We offer free consultations, but even when there is a charge, it is well worth the fee to get accurate information.

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.

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.

No one should make such a big financial decision when they are feeling tired and emotional. And divorces are one of the biggest financial decisions of your life.

Divorces are up there with getting married and 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 and Chris Rock

Posted by admin on December 21, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Wednesday, December 21, 2016.

Chris Rock surprised audiences at the New York Comedy Festival last week, taking the stage at the Apollo and telling the audience they’ll be seeing more of him on TV due to his divorce.

Rock joked:

“When you see me on ‘Dancing With the Stars’ . . . I’m not on crack, that’s just alimony!”

Rock finalized his divorce from his wife of nearly 20 years, Malaak Compton-Rock, this summer.

In a recent interview with The Guardian, the 50-year-old comedian opened up about how he’s faring since the 19-year marriage ended.

“I’m doing OK,” Rock told the paper. “You know, some days are better than others, some days you’re sad outta your f*cking mind. But my daughters are good and I’m only an hour away. Two houses close by. It’s good.”

Rock also addressed whether or not joking about the difficulties of marriage in his stand-up and films harmed the relationship in any way.

“Hey, I’m getting divorced now.” “Marriage is so tough, Nelson Mandela got divorced – he got out of jail after 27 years of torture, spent six months with his wife and said, I can’t take this sh*t no more.”

I’ve written about how to properly behave during the divorce process, and even how good relations with your Ex could save your life. Whether you’re in court or outside of court, how you treat yourself and spouse matters.

Take for instance, Erica Arsenault. Erica volunteered to donate a kidney to her former mother-in-law after her divorce. Erica made the incredible offer nearly 10 years after she divorced the woman’s son. They say the whole ordeal has brought a family separated by divorce closer than ever.

Chris Rock’s divorce hasn’t been the most peaceful one up to this point. According to divorce docs obtained by People, Rock claimed that his estranged wife had “repeatedly refused to permit [him] normal and usual access to the children, and has acted in a manner detrimental to the children’s best interests.

“Married guys know more about women than single guys. Single guys have girlfriends. Girlfriends are always auditioning, always on their best behavior. Wives are like Supreme Court justices. They do whatever the f— they want”

The Page Six article is here.

Divorce and Living Longer

Posted by admin on December 8, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, December 8, 2016.

The oldest person in the world, Emma Morano of Italy, credits her longevity to a diet of raw eggs and divorce from her husband. Is there a positive side to divorce?

According to New York’s WPIX 11 T.V., Morano celebrated her 117th birthday on Tuesday and is now the only person alive to have lived through three centuries.

She was born Nov. 29, 1899, in the Piedmont region of Italy, back when King Umberto I reigned. Morano became the world’s oldest living person in May after American Susannah Mushatt Jones died at the age of 116.

When she was a teenager, a doctor suggested that Morano eat raw eggs to combat her anemia. She followed a stringent diet of two raw eggs, one cooked egg, a little minced meat and pasta for the past 90 years. With age, her diet has been cut down to just two eggs a day and some cookies.

The other secret to Morano’s long life: separating from her husband in 1938, decades before divorce was even legal in Italy, she says. Morano’s one true love was killed as a boy during World War I, and she did not intend to marry anyone else, she told Italian media outlet La Stampa in comments confirmed by her niece Antonietta Sala.

But she eventually married after her future husband forced her to do so. “He said, ‘If you’re lucky, you marry me, or I’ll kill you,'” Morano told La Stampa. A year after her 6-month-old child died, she left her husband. “I didn’t want to be dominated by anyone,” she told the New York Times.

I’ve written about the positive aspects of divorce in the past. The rise of divorce internationally, for example, has been an indicator of and force behind social changes that have improved prospects for women, reduced gender inequality, and fueled development.

All of which suggests that the more people are able to get out of bad marriages, the better off their societies are likely to be.

So, the more common divorce becomes in a society, the less of a stigma it’s likely to be. Conversely, divorce causes greater unhappiness in societies where it’s rare.

The period before a divorce people report low life satisfaction, but the period after it is comparatively satisfactory, especially for women as Emma proves.

The WPIX 11 story is here.

After the Trumpocalypse: Politics and Divorce

Posted by admin on November 17, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, November 17, 2016.

The stress of Brexit is adding to pressure on couples on the brink of divorce. Lots of comparisons are made between the Brexit vote and our recent presidential election. Is America’s divorce rate about to increase like London’s?

According to the London Guardian, for partners who voted different ways in the Brexit referendum, the difficulty of reconciling opposing political views may be the final straw according to British divorce lawyers.

So much so, that a Dutch entrepreneur announced plans to set up a divorce hotel in the UK to help separating couples sort out their problems over the course of a weekend. The hotel may be just in time because the Brexit vote was a traumatic rupture from the idea of a European union.

“We have come across a number of families in this country [who are splitting up] because one them voted differently [to the other] in the referendum,” Shepherd said. “They fell out in a big way because one voted for remain and one for leave.

A similar phenomenon may be happening in the U.S. between warring couples split between Donald Trump and Hillary Clinton. I have written about the cause of divorce in the past.

Asked about the effect of Brexit on relationships, the Guardian reported:

“[I]t has imposed an added strain on relationships, one in which people might not be talking to each other as well. Brexit has been an issue.”

While the UK may be experiencing an increase in divorces due to the Brexit vote, only time will tell if the U.S. will suffer similar pressures from the election of Donald Trump.

The Guardian article is here.

Future First Lady and Divorce

Posted by admin on November 14, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, November 14, 2016.

There is a rumor going viral on the internet that Melania Trump is filing for divorce from her husband, president-elect Donald Trump. Is it true?

According to one source, the Nevada County Scooper (motto: what we lack in credibility we make up for in humor) reports:

Donald Trump, the brash entrepreneur who is running for President in the 2016 election, is filing for divorce from wife Melania. Melania, a model and designer, has been married to Donald since 2005. She is Donald’s third wife.

Sources cite growing discord between the once happy couple. They have been seen arguing frequently and spending most of the time apart from each other.

An anonymous source, spoke to us about the split. He said, “Donald just feels like she has not risen to his level of greatness. She has not embraced The Donald’s persona.”

I checked with Snopes, and they find: “there was no truth to this story.” But, what if the story was true? I’ve written about preparing for divorce before. There are some things any spouse should do to remain financially secure in divorce.

Surround Yourself with Professionals

You need to hire your own lawyer, not rely on your spouse’s attorney to be fair. Another professional is a financial planner or accountant, or both.

Secure Your Financial Documents

Before anyone can assist you, you need to understand your financial situation: all the assets and debts, not just the joint property. This is much easier to do when you have gathered the essential tax, banking and credit card documents.

Update your Will

Many couples have a will they made when married. If so, you may need to update it in order to give power to the provision in your marital settlement agreement.

Child and Spousal Support

Child support and alimony are big issues when you prepare for divorce. How much you receive or have to pay in support is governed by Florida law or it can be a decision you and your spouse may agree to within reason.

The Nevada County Scooper article is here.

President-Elect Trump and Divorce

Posted by admin on November 10, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Thursday, November 10, 2016.

Major events can have an impact on people going through divorce. With the stunning election results from yesterday, what does a Trump presidency mean for divorce and family law?

Not much. Divorces are state concerns. With the rising mobility of families, many cases cross state lines and international borders. In August, President Obama signed the implementing treaty for the Hague Convention on the Recovery of International Child Support.

However, the president has had little impact in this area of law. Even on a personal level, 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.

I’ve written about divorce statistics before. There are some very interesting statistics about divorce:

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

– 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.

– The most expensive divorce was Rupert and Anna Murdoch’s in 1999: $1.7 billion.

In answer to the question “what a Trump presidency means for divorce and family law?” Probably lots of funny late-night impersonators and not much else.

Brad, Angelina & Florida Custody

Posted by admin on November 7, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Child Custody on Monday, November 7, 2016.

Brad Pitt is seeking joint custody of his six children in his divorce from Angelina Jolie. Conversely, Ms Jolie has asked for full physical custody of all the children, who are aged eight to 15.

The BBC reports that Ms Jolie cited “irreconcilable differences” when she filed to end the marriage. Reports suggest that Mr Pitt is being investigated over an incident with his eldest son on a plane. A child welfare agency in Los Angeles is examining what happened during the incident on a private flight in mid-September.

California divorce courts generally favor joint custody, but the outcome of the plane row could affect the judge’s decision. The actors may also hammer out a deal privately to avoid the matter being aired in public.

I’ve written frequently about custody in Florida. In Florida, we went through a major transformation of our custody laws in adopting the parenting plan concept, and eliminating the outdated terms of “primary residential parent” and “visitation.”

It is now Florida’s express public policy that children have frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved, and to encourage parents to share the rights and responsibilities, and joys, of childrearing.

There is also no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule when creating or modifying the parenting plan of the child.

In Florida today, courts order that the parental responsibility for children be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child.

The BBC article is here.

Divorce 100 Years Ago

Posted by admin on August 22, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, August 22, 2016.

New York keeps their divorce court documents sealed for 100 years. What was it like to get divorced 100 years ago? The New York Post finds out.

I’ve written about New York divorces before, especially the Tom Cruise divorce and why they chose New York. Only one other state, Alaska, automatically seals matrimonial cases, and that’s for 50 years.

Divorce was rare then. There were only 50 cases filed in Manhattan Supreme Court in 1915, compared to 15,000 in 2015. Living alone then was almost unimaginable for women, and men didn’t want to live alone either. The rules were different too.

Cheaters Barred from Remarrying

Otto and Frieda Bardenheier were in a10-year marriage when she began an affair with a man in October 1914. They continued their trysts at his West 66th Street apartment until her husband filed for divorce in 1915.

Judge Daniel F. Cohalan chose to punish Frieda with what was a popular penalty for cheaters at the time: He barred her from remarrying.

Name-calling was common

David Ackerman’s contemporary Herman Haenelt hit his wife, Anna, choked her and pushed her up against a wall while calling her a “dreck-sau” and “mist-stick,” German slang for “dirty pig” and “piece of s-t.”

Faking Evidence

Back then, a spouse had to be legally ‘at fault’ to divorce, which led to accusations of adultery, neglect, abuse, and fraud. If one of those grounds was not present, unhappy couples made it up.

Men would often take posed photos on a bed with a prostitute – even if he didn’t sleep with her – to try to prove that he was an adulterer and had given proper grounds for divorce.

Florida has taken efforts to keep confidential family court filings in our courthouses. In an effort to protect the privacy of parties to a divorce, and prevent identity theft, Florida recently adopted a confidentiality rule to better protect social security and bank account numbers for instance.

But Florida court filings are not private. Privacy – and confidentiality of court filings – are easily overlooked issues when filing for divorce, and something you should be aware of in deciding in which state to file.

The New York Post article is here.

Family Court Town Hall Meeting

Posted by admin on August 1, 2016

By The Law Offices of Ronald H. Kauffman of Ronald H. Kauffman, P.A. posted in Divorce on Monday, August 1, 2016.

As the incoming president of the First Family Law Inns of Court, I was proud to co-sponsor a Town Hall Meeting with Dade County Circuit Judge Scott Bernstein, administrative judge of the family division.

The family division of the Dade County Court system is one of the largest in the country, and handles thousands of divorces, paternities, child custody and child support cases a year.

Navigating your family through this complex system requires experience. As administrative Judge for the family division, the Hon. Scott Bernstein, has been a shining light in getting feedback from the community on better ways to improve our family division.

The First Family Law American Inns of Court in Miami is a group, consisting of lawyers and judicial officers dedicated to professionalism, ethics, civility and excellence.

In co-sponsoring the Town Hall meeting today, the Inns of Court hopefully fulfilled its mission to inspire the legal community to advance the rule of law by achieving the highest level of professionalism through example, education and mentoring.