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No-Fault Divorce Around the World

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A British woman who alleges she was “desperately unhappy” being married lost her divorce. Unlike Florida, many places require proving fault, you can lose your case, and have to stay married!

As the BBC reports, Tini Owens, 66, asked the Court of Appeal to overturn a family court judge who turned her down when she asked to divorce her husband Hugh Owens, 78.

You read that correctly. Of all of the issues facing you when you divorce: who gets custody, how will I support myself, what are the tax implications of alimony, in some places you could actually lose your request to divorce and have to stay married.

The appellate court judges in Great Britain upheld the trial judge’s ruling. Mrs. Owens claimed that her marriage had broken down, but Mr. Owens disagreed.

The Husband argued that the couple still had a “few years” to enjoy. And the trial judge agreed with him. The judge ruled the Wife’s allegations were “of the kind to be expected in marriage”. Parliament decreed “it is not a ground for divorce that you find yourself in a wretchedly unhappy marriage, though some people may say it should be.”

Florida is a “No-Fault” state. No-fault laws are widespread across the United States, but not everywhere. No fault laws have helped to reduce animosity in divorces by reducing the need to distort, lie, and air dirty laundry.

I’ve written about no-fault divorce before. Florida abolished fault as grounds for filing a divorce. The only reason you need to file for divorce in Florida is that the marriage is “irretrievably broken.” But as the case of Mrs. Owens shows, in other places, that is not always true.

While Florida is a No-Fault state for divorce, it is interesting to know why people divorce. A recent study out of the UK reveals some surprising reasons why people divorce. Interestingly, adultery is a declining factor.

It appears that couples are less likely to cite adultery as the cause of a divorce than they were 40 years ago. However, claims of “unreasonable behavior” (a British term) have skyrocketed to more than 5 million divorce cases.

The BBC article is available here.

Three Parent Custody Cases

Posted by Ron Kauffman on

A Long Island couple, and a neighbor with whom they had a threesome, have been granted custody of their 10-year-old son to three parents in a groundbreaking ruling.

New York residents Dawn and Michael Marano, married in 1994. They had a conventional marriage, until they befriended downstairs neighbor Audria Garcia in 2001.

Garcia had been living with her boyfriend, but when they split up, she moved upstairs and “began to engage in intimate relations” with the Maranos.

No one told these three people to create this unique relationship Suffolk County Supreme Court Judge H. Patrick Leis III wrote in the ruling for the first-of-its-kind case in New York. It was agreed, before a child was conceived, that [the Maranos and Garcia] would all raise the child together as parents.

The threesome was one big happy family for 18 months, until Garcia and Dawn Marano decided to become a twosome and left Michael. They moved out and into a new home nearby in 2008.

Then Michael Marano sued Garcia for custody of their son. Dawn Marano then sued her husband for divorce. Michael Marano and Garcia agreed to joint custody, but Dawn felt left out.

As neither a biological nor adoptive mom to the boy, Garcia had no automatic legal right to custody. Although she still lives with the mother, Dawn Marano.

Dawn Marano then filed another suit “to secure custody rights because she fears that without court-ordered visitation and shared custody, her ability to remain in the child’s life would be dependent on obtaining the consent of either Audria or [Michael],” Judge Leis explained.

In awarding Dawn Marano shared custody, Leis cited a ruling by New York’s highest court that allowed non-biological or adoptive parents to seek custody of a child if they had a prior relationship with that child.

While the two women are “absolutely thrilled” with the ruling, the New York Post reports that the father, Michael Marano, intends to appeal.

I’ve written about custody issues in Florida before. In one Florida case a man reached a verbal agreement about donating sperm for his two same-sex female neighbors, who would raise their child together.

But shortly before the baby was born, the Father decided he wanted to be considered a parent and not a sperm donor. The women disagreed. Under Florida law, sperm donors have no legal rights to children.

Under the Florida judge’s decision, the two women will have sole parental rights, although the Father will be allowed to visit the child. He will not be expected to provide child support.

The New York Post article is here.

Religion: Divorce or Stay Married?

Posted by Ron Kauffman on

A woman sued her divorce lawyers for negligence, claiming they failed to tell her finalizing her divorce would end her marriage. Crazy, right? It also places the issue of religion and divorce back in the news.

According to the U.K.’s Independent, the divorce malpractice case had already been rejected by the court, but was before a higher British court on appeal.

Jane Mulcahy had argued that the lawyers should have made it clear that a divorce would cause her marriage to be terminated – something which she apparently wanted to avoid.

The lawyers failed to regard her Roman Catholic faith, and should have recommended judicial separation – a step down from full divorce – as an alternative course of action, she said.

I’ve written about religion and divorces before. Each religion has its own requirements for completing a divorce. Although religion is not a factor Florida courts can consider in granting a divorce, for the parties, religion can be extremely important.

Islam has a waiting period. The Catholic Church has the Decree of Invalidity and other remedies so spouses are free to marry again. In Judaism, a husband must give his wife a “Get”.

To avoid problems such as the British woman’s Florida allows people to file for alimony and child support unconnected with dissolution.

In Florida, if a spouse has the ability to contribute to maintain and support the family, but fails to, the other spouse can apply to a court for alimony and for support for the child – without seeking a dissolution of marriage.

Many people are often unaware that there are serious consequences to ending your marriage (loss of health insurance and tax implications for example) and that you can’t simply annul your marriage the way you can divorce.

In the British case, Lord Justice Briggs said:

“The most striking of Mrs Mulcahy’s many allegations of negligence against her solicitors was that, having regard to her Roman Catholic faith, Mrs Boots had failed to give her the advice which was requisite in view of her firmly held belief in the sanctity of marriage…

The Independent article is here.

Ben Affleck: Should You Separate or Divorce?

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Jennifer Garner filed for divorce from her husband, actor Ben Affleck, almost two years ago, but has yet to officially end her marriage despite a long-term separation.

Affleck has reportedly even been staying in a spare bedroom on the family’s Los Angeles compound. A few weeks back, Us Weekly reported that the couple would keep on with their divorce despite rumors of a possible reconciliation.

The next day, though, E! News claimed that the couple has a “fluid” relationship and that “nothing has really changed” for the couple who has “been working on their relationship for the past few years” and remain in a long-term separation.

Not obtaining an official divorce decree, and having a long-term separation, seems like a good idea, but there are risks. I’ve written about the risks when people separate for years before filing for, or dissolving, their marriages.

Control Over Assets

If you are in a long-term separation, you can be totally out-of-the-loop about your financial well-being. You don’t know what your spouse is earning, spending, investing, selling or buying. In Equitable Distribution states, like Florida, you may be on the hook for some of the debts accumulating during the long-term separation.

Hiding Assets

While you may see no immediate need to legally dissolve your marriage, a long-term separation allows a spouse to plan for a divorce. And, spouses usually plan to make sure that valuable, or difficult to trace, assets are gone when the time comes to disclose your assets and liabilities.

Relocation

Florida has laws governing all aspects of the divorce process, especially as they relate to children. During a long-term separation, your spouse could be transferred to another city, state, or even another country. You should know that the laws relating to divorce and interstate custody are not the same in every state.

Alimony Laws are Changing

For the last several years, the Florida Legislature has tried unsuccessfully to change our alimony laws. The Florida House and the Florida Senate have already introduced bills this year that would dramatically change alimony in Florida. During a long-term separation, alimony laws can change.

The new bills require use of factors to calculate alimony; provide presumptions concerning alimony awards based on the duration of marriages; provide for imputating income in certain circumstances; provide requirements related to taxing and deducting alimony; and prohibit courts from changing the duration of alimony award.

Meeting Someone New

While meeting someone new may make you happier and more fulfilled, it may not help your settlement negotiations. When spouses enter new relationships, they might spend your share of marital assets on their new love interest: buying gifts, going to expensive restaurants, and taking fancy vacations.

Whatever the reasons Ben Affleck and Jennifer Garner have had for putting off their divorce, there are pitfalls of a long separation you should be aware of.

The Vanity Fair article is here.

Divorce and Privacy

Posted by Ron Kauffman on

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

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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

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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

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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

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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

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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.