Tag: Divorce

How the Covid Pandemic Impacting Divorce and Custody

Posted by Ron Kauffman on

Anyone interested in how the Covid pandemic is impacting relationships, divorce, and custody cases, read Holly Ellyatt’s feature article “Arguing with your partner over Covid? You’re not alone, with the pandemic straining many relationships” in CNBC.

Covid Custody

I am quoted in the story, which examines how disagreements over Covid restrictions, child vaccination and even the very existence of the virus have seen some relationships pushed to breaking point, according to family law experts and psychologists:

Ron Kauffman, a Board-certified marital and family attorney based in Miami, told CNBC he has also seen “a sharp increase in disputes between parents arguing during the pandemic.”

The disputes often fall into three categories, Kauffman said: “Appropriate quarantine, following mask mandates, and vaccinations.” And they manifest in arguments about timesharing or visitation; i.e. the amount of time each parent spends with their child or children, he added. “When parents are separating or already separated, Covid has become a nuclear bomb to frustrate someone’s timesharing.”

Child Custody and Vaccines

Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child. In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations.

Ellyatt also discusses the well-known fact that the divorce rate has increased during the pandemic, how children can become a particular source of conflict and anguish in a break-up and the argument for vaccinating children being more complex than for adults, and the issue of Covid vaccines for children becoming another area of conflict for some parents.

The CNBC article is here.

Messy Divorce in Mesopotamia

Posted by Ron Kauffman on

A messy divorce is underway in Mesopotamia. Florida is a no-fault divorce state. But, in states and countries where fault must be proven to obtain a divorce, Iraq is making headlines after a newlywed husband filed for divorce because of the song his wife played at their wedding.

50 Ways to Leave Your Lover

Some are calling it the most urgent divorce in the history of Ur. News reports show that a husband is seeking to divorce his wife because at their wedding party the bride played one of the most provocative and popular songs to flow out of the Euphrates river valley.

According to the Gulf News, the Wife chose the song “Mesaytara.” The title translates to ‘I am dominant’ or ‘I will control you.’  The lyrics are even more provocative and include:

“I am dominant; you will be ruled under my strict instructions; I will drive you crazy if you looked at other girls on the street; Yes, I’m dominant; You’re my piece of sugar; As long as you’re with me, you’ll walk under my command.”

The song is performed by Lamis Kan a popular singer from Egypt. The song appears to be the main reason behind the couple’s divorce at the wedding.

The official ‘Mesaytara’ music video is available here.

The bride was reportedly dancing to the rhythm of the song, which the groom and his family considered a provocation. Therefore, the groom entered into an argument with the bride and her family, following which he ended up divorcing her. The incident took place in Baghdad, but is rattling all of ancient Babylon.

Florida No Fault Divorce

I have written about the causes of divorce before. The official term for divorce in Florida is “dissolution of marriage”, and you don’t need fault as a ground for divorce. Florida abolished fault as a ground for divorce.

So, if your spouse has committed fraud, adultery, or worse, wants the band to play the “Baby Shark Dance” at the wedding party, you don’t need to allege that as grounds for divorce.

The no-fault concept in Florida means you no longer have to prove a reason for the divorce, like your spouse’s political activism. Instead, you just need to state under oath that your marriage is “irretrievably broken.”

Before the no-fault divorce era, people who wanted to get divorce either had to reach agreement in advance with the other spouse that the marriage was over or throw mud at each other and prove wrongdoing like collaboration or weakening the revolutionary spirit.

No-fault laws were the result of trying to change the way divorces played out in court. No fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and the need to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. 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.

You’ve Lost that Lovin’ Feelin’

Remarkably, this latest divorce out of Iraq is not even the first time that Lamis Kan’s “Mesaytara” led to the divorce of newlyweds in the Middle East. Last year, a Jordanian man broke up with his finance during their wedding celebrations after she played the song.

According to a video circulated on social media last year, the young man was heard screaming at his wife, who posted a picture of him kissing her hand, along with the song.

The song exposed the husband to an embarrassing situation in front of his friends and family, who stated that he was a “happy rabbit” instead of an “unhappy lion”.

In yet another incident, Lebanon witnessed a similar incident years ago due to the song “I love you Donkey”. According to local media reports, A groom divorced his wife at the wedding after she danced to the song.

The groom said that the bride told him to prepare a surprise for him in the next song in a bid to show that she “loves a donkey”. The groom said that he felt great anger after hearing the song, which prompted him to divorce his bride immediately without hesitation.

The Gulf News article is here.

Divorced at First Sight

Posted by Ron Kauffman on

The recent announcement that Married at First Sight‘s Jose San Miguel Jr. and Rachel Gordillo are getting divorced will be a stark wakeup call for everyone who thought the T.V. game show was the perfect format for marital success.

Divorced at first sight

Marriage Experts and Surprise Divorces

As the show’s title suggests, Married at First Sight (MAFS) cast member couples meet and marry at first sight in what Lifetime refers to as an ‘extreme experiment.’

Selected cast members are paired up based on relationship experts. The experts, Dr. Pepper Schwartz, Dr. Viviana Coles, and Pastor Cal Roberson, meet with each of the show’s applicants individually. Their role? To determine if the cast members would be a good fit for the shows.

The process is expedited, as following their wedding day they immediately go on their honeymoon, move in together and ultimately decide if they want to stay together or divorce on what is called ‘decision day.’

The one thing you don’t have to second guess is the validity of the marriages on MAFS. It wouldn’t be surprising if the marriage ceremonies on MAFS were fake. But the weddings are legitimate, as are the divorces that follow for most of the matched couples.

Surprisingly, given three experts make the calls, the show has a 70 percent divorce rate with an overall success rate of 30 percent.

The Houston couple had shared glimpses of their journey while adapting to married life before they split. As last week came to a close, Pastor Cal had some sound advice for two strangers just trying to make a marriage work. It’s not easy, requires compromise and hard work. Consistent communication and the ability to be flexible,’ Jose had captioned a September 7 post.

In another snap with Dr. Viviana Coles he wrote ‘sometimes you need a little help from the experts when you marry a complete stranger.

Florida No Fault Divorce

I’ve written about no fault divorce before. No-fault laws are the result of trying to change the way divorces played out in court. In Florida no fault laws have reduced the number of feuding couples who felt the need to resort to distorted facts, lies, and to focus the trial on who did what to whom.

Florida abolished fault as grounds for filing a divorce. Gone are the days when you had to prove bad ratings, low Q-Score, adultery, or desertion.

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.

The big requirement for divorce: in order to obtain a dissolution of marriage judgment, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.

Believe it or not, the residency requirement can be a major impediment to divorcing for many people. Almost all states require you to be a resident before you can file for divorce. However, the amount of time you have to reside there can vary from state to state.

Love on the Rocks

The Season 13 couple initially broke up several weeks after their decision day on the Lifetime series, but later got back together by the time the reunion filmed. They were making plans to move back in with each other before ultimately deciding to divorce a few weeks back.

“After much thought, we have decided that we are better off going our separate ways. The MAFS journey taught us a lot about ourselves and what we both need in a partner. We are grateful to all those who stood by us throughout the last 8 plus months.”

On Married at First Sight, after being paired by the show’s renowned relationship experts, they head out on a honeymoon, move in together, and finally, make a decision between happily ever after and divorce.

Jose documented he and Rachel’s journey on the show on his Instagram page over the past several months. In one September post, he shared a picture of him and his now-ex sitting down with Pastor Cal.

“As last week came to a close, Pastor Cal had some sound advice for two strangers just trying to make a marriage work,” he wrote in the caption. “It’s not easy, requires compromise and hard work. Consistent communication and the ability to be flexible. Science & Art.”

According to her official bio, Houston native Rachel was previously insecure about dating from her parents’ divorce, though her previous relationship helped change that.

“In adulthood, she was insecure when it came to dating but this all changed with her last relationship,” the bio read. “Though the relationship ended, it restored her hopes of being in a loving marriage with the right man.”

Jose, meanwhile, grew up in a middle-class family in Pearland, Texas. “It was a struggle but his parents always made sure he was taken care of. Dating has been frustrating as Jose seems to consistently meet women not seeking anything long-term so he’s ready to be married and possibly have kids one day,” his bio said.

The People article is here.

Abu Dhabi’s Modernized Divorce Laws

Posted by Ron Kauffman on

News from the capital of the United Arab Emirates, Abu Dhabi, is that the country has modernized its divorce laws. The county has issued new rules governing divorce, inheritance, and child custody for non-Muslims living in the emirate.

Abu Dhabi Divorce

Bridging the Divorce Gulf

Abu Dhabi is one of seven sheikhdoms that make up the UAE and the new law affects only this sheikhdom. While the oil-rich emirate is the capital of the nation, Abu Dhabi’s population is dwarfed by that of neighboring Dubai.

The report on Sunday said Abu Dhabi would create a new court to handle these cases, which will be held in Arabic and English to be better understood by the emirate’s vast foreign worker population.

This latest development comes after news that more than half of all Emirati couples in Abu Dhabi face divorce within the first four years of marriage, according to research conducted by the Department of Community Development.

The emirate previously launched an initiative to raise awareness about the importance of seeking professional help at the first signs of conflict, with the aims of reducing divorce rates in the early stages of marriage.

Change in child custody will allow parents to share joint custody of their children, WAM reported. The law – which consists of 20 articles – also introduces the idea of civil marriage, allows wills to be drawn up granting inheritance to whomever a person chooses, and deals with paternity issues.

It is set to provide “a flexible and advanced judicial mechanism for the determination of personal status disputes for non-Muslims”, the Abu Dhabi Judicial Department said, according to The National newspaper.

Florida Religion and Divorce

I’ve written about the intersection of religion and divorce before – especially as it relates to vaccinations. Religion, religious beliefs, and religious practices are not statutory factors Florida courts consider when determining parental responsibility.

Nor is religion an area in which a parent may be granted ultimate responsibility over a child. Instead, the weight religion plays in custody disputes grew over time in various cases.

One of the earliest Florida cases in which religion was a factor in deciding parental responsibility restricted one parent from exposing the children to that parent’s religion.

The Mother was a member of The Way International, and the Father introduced evidence that The Way made the mother an unfit parent. He alleged The Way psychologically brainwashed her, that she had become obsessed, and was neglecting the children. The trial judge awarded custody to the mother provided that she severs all connections, meetings, tapes, visits, communications, or financial support with The Way, and not subject the children to any of its dogmas.

The Mother appealed the restrictions as a violation of her free exercise of religion. The appellate court agreed, and held the restrictions were unconstitutionally overbroad and expressly restricted the mother’s free exercise of her religious beliefs and practices.

Following that, and other decisions, Florida courts will not stop a parent from practicing their religion or from influencing the religious training of their child inconsistent with that of the other parent.

When the matter involves the religious training and beliefs of the child, the court generally does not make a decision in favor of a specific religion over the objection of the other parent. The court should also avoid interference with the right of a parent to practice their own religion and avoid imposing an obligation to enforce the religious beliefs of the other parent.

Modernizing an Insular Peninsula

The new law comes after authorities last year said they would overhaul the country’s Islamic personal laws, allowing unmarried couples to cohabitate, loosening alcohol restrictions and criminalizing so-called “honour killings” – a widely criticized tribal custom in which a male relative may evade prosecution for assaulting a woman he claims has dishonored her family.

At the time, the government said the legal reforms were part of efforts to improve legislation and the investment climate in the country, as well as to consolidate “tolerance principles”.

Abu Dhabi also ended its alcohol license system in September 2020. Previously, individuals needed a liquor license to buy, transport or have alcohol in their homes. The rule would apparently allow Muslims who have been barred from obtaining licenses to drink alcoholic beverages freely.

The UAE as a whole in September this year announced yet another plan to stimulate its economy and liberalize stringent residency rules for foreigners. In January, the UAE announced it was opening a path to citizenship for select foreign nationals, who make up nearly 80 percent of the population.

The UAE last year introduced a number of legal changes at the federal level, including decriminalizing premarital sexual relations and alcohol consumption. These reforms, alongside measures such as introducing longer-term visas, have been seen as a way for the Gulf state to make itself more attractive for foreign investment, tourism and long-term residency.

The broadening of personal freedoms reflects the changing profile of a country that has sought to bill itself as a skyscraper-studded destination for Western tourists, fortune-seekers and businesses. The changes also reflect the efforts of the emirates’ rulers to keep pace with a rapidly changing society at home.

The Reuters article is here.

 

2 Lawyers, 1 Law – Family Law Case Update 2021

Posted by Ron Kauffman on

The 2 Lawyers, 1 Law – Family Law Case Update 2021 is now available for download from the Florida Bar. For anyone interested in the latest developments in Florida family law, but didn’t have a chance to view the live webinar on October 14, 2021, the Florida Bar has now made the 2 Lawyers, 1 Law – Family Law Case Update 2021 webinar available for download on its website.

Case Law Update

Now you can Join me and fellow board certified Marital & Family Law attorney, Reuben Doupé, for an interactive discussion on some of the major Florida family law decisions that have helped shape 2021.

Sponsored by the Florida Bar Family Law Section, attendees will be eligible for 2 CLE credits – 0.5 of which may be applied towards Ethics.

Topics will include the latest decisions from Florida appellate courts on parenting plans, alimony, equitable distribution, child support, relocations, modifications, enforcement, contempt, paternity, attorney’s fees, and more.

Further information is available here.

Increase in Court Openings = Increase in Divorce

Posted by Ron Kauffman on

An increase in court openings are signaling an increase in divorce filings. Around the country divorce and family law courts are starting to re-open, and there has been a noticeable increase in the number of people filing for divorce and custody too. So it’s not just you, if that was what you are thinking. As we appear to be near the end of the pandemic shutdown, many couples are separating and seeking divorce.

Covid Divorce Court
Court Attire Post-Quarantine

Covid Divorce Court

According to figures from the Superior Court of California published in the New York Times, divorce filings are up significantly in Los Angeles over the last five months. And some lawyers and relationship experts say that divorce filings in New York and other states are also on the rise.

Of course, it’s difficult, if not impossible, to know whether the higher rates are because more people want to get divorced or because many courtrooms were closed during the pandemic, creating a backlog. Though New York keeps its divorce records sealed, attorneys have seen enough anecdotal evidence to know that divorces seem to be on the rise almost everywhere.

During the pandemic, many people were experiencing marital problems and putting off splitting up for practical reasons.

In some cases, couples were waiting for the vaccines to be approved and to gain more social and economic stability before leaving their marriages.

The same is probably true for Florida, where many divorce attorneys are anecdotally reporting evidence of new filings and new clients seeking consultations to discuss filing for divorce and custody.

Florida Divorce

Divorce rates have also increased because it is easier to get a divorce. Historically in Florida, in order to obtain a divorce one had to prove the existence of legal grounds such as adultery. This required additional expenses, making divorces more expensive and cumbersome than before.

I’ve written about fluctuating divorce rates before. Part of the problem with keeping track of divorce court filings in the U.S. is that, unlike in other countries, collecting divorce statistics in the United States is not consistent in all of the states.

Different states keep different statistics and within each state, individual counties within those states keep excellent records of finalized divorce in some cases but not in other counties. These varying statistics are an important source for measuring divorce rates, and they are not consistent.

Miami-Dade County, for instance, has excellent records of filing online. However, other counties in Florida and outside of Florida may not.

Additionally, different American states and the federal Census Bureau, have had a rocky history of collecting the data from across the country on divorce rates. One of the reasons for the discrepancy in keep statistics is because the federal government stopped providing financial support to the states for detailed state collection of data.

Divorce Cases Spreading

Two months ago, 2,704 married people responded to one recent survey regarding the effect on marriages from the reopenings after lockdowns. Among the survey’s questions was: “Since the reopening following the lockdowns of 2020/2021 and a significant return to normal from the changes of the Covid-19 pandemic, has your marriage relationship been impacted?”

21% of respondents answered that the pandemic had harmed their marriage, a 10% increase from a survey asking the same question the year before.

The rising number of divorces could reflect marital problems that had been hidden from view for much of the last year and half. Now that many people have been vaccinated, things are starting to normalize. That return to normalcy, or at least semi-normalcy, could mean that couples are finally completing divorces they were forced to delay.

Extramarital affairs, often times a trigger for filing for divorce, may be rising too. During the pandemic hotels and bars were shut down and there were few people traveling for business, so there was no place to go to have an affair.

Now that things are opening up again, it is to be expected that couples are getting divorced because they either caught a spouse having an affair, or they are having one themselves.

There’s a lot of angst out there, which is why many divorced people are now approaching new relationships by holding potential partners to a higher level of maturity and authenticity, and that starting from the dating level, will never again ‘settle’ for just anyone.”

The New York Times article is here.

 

Transformer: Marital Settlement Agreement

Posted by Ron Kauffman on

Actress Megan Fox and her estranged husband Brian Austin Green are transformers: changing from married to single after finalizing their marital settlement agreement. The settlement agreement should resolve all of the parenting and financial issues raised in their divorce.

marital settlement agreement

More Than Meets the Eye

Actress Megan Fox, 35, is one of the stars of the Transformers movie franchise. Her husband, David Austin Green, 48, is also an actor, best known for his portrayal of David Silver on the television series Beverly Hills, 90210

According to many reports, the couple did not have a prenuptial agreement before getting married. This means that, under California law, they will have to divide all of the community property they acquired during their decade-long marriage.

Details about the marital settlement agreement are murky. It is unclear whether either one of the parties will be paying alimony or child support, though the divorce documents refer to a settlement being agreed upon outside of court.

Regarding parenting, the couple agreed to share joint legal and physical custody of their three children, a highly contentious issue for many couples, but a demand which Fox requested when she initially filed for divorce in November 2020.

Fox will also get her legal last name changed back from Green. News reports indicate both Fox and Green have moved on. Fox has been in a highly publicized romance with Machine Gun Kelly since mid-2020, while Green has been dating “DWTS” pro Sharna Burgess.

Florida Marital Settlement Agreements

I’ve written about agreements before. Most family law cases are resolved by agreement, not by trial. A Marital Settlement Agreement is the method to resolving all of the issues, and is the final product of the negotiations.

A marital settlement agreement puts in writing all the aspects of the divorcing parties’ settlement. Topics covered in the Marital Settlement Agreement include the parenting plan and timesharing schedule, the division of the parties’ assets and liabilities (called “equitable distribution”), alimony, child support, payment of attorney’s fees and costs, and any other items to which the parties have agreed.

A marital settlement agreement entered into by the parties and ratified by a final judgment is a contract, subject to the laws of contract. The enforceability of contracts in Florida is a matter of importance in Florida public policy.

Marital Settlement Agreements in Florida are treated differently than prenuptial agreements. There’s a good reason for the difference in treatment, and it turns on the adequacy of the knowledge of the finances involved.

The adequacy of knowledge can be plausibly raised only when an agreement was reached by people in conditions of mutual trust and confidence and who are not dealing at arm’s length – such as when you are negotiating a prenuptial agreement.

But once you are involved in divorce proceedings in court, you are dealing at arm’s length and without the special fiduciary relationship of unestranged spouses. Questions about the adequacy of your knowledge of finances don’t really exist when you are in court and have the opportunity to take financial discovery.

Hope and Faith

The couple had a rollercoaster relationship from the start. After meeting on the set of “Hope & Faith” when Fox was just 18 in 2004, they were engaged and living together by 2006. In 2009, they made a “mutual decision” to end their engagement only to be re-engaged and married by the end of June 2010.

Four years and two kids into their marriage, Fox stated very publicly that there was no “intimacy whatsoever” with her husband during a red carpet interview. Fox has been in a new relationship with Machine Gun Kelly consisting of a  whirlwind of PDA’s and selfies.

Her soon to be ex-husband Green confirmed:

“I’ve never met him, but Megan and I have talked about him. They’re friends at this point, and from what she’s expressed, he’s a really nice, genuine guy, and I trust her judgment.”

The Fox News article is here.

 

Social Media and the Kardashian Divorce

Posted by Ron Kauffman on

For singer Kanye West, keeping up with his Wife Kim Kardashian on social media during their divorce just became a little harder. Forget the pandemic, the real news is that Kanye unfollowed Kim on Instagram! Few realize that social media can play an important role in a divorce.

divorce social media

Gold Digger?

Kim and Kanye married in Florence, Italy on May 24, 2014. A source reported that the couple had been going to marriage counseling. However, after counseling, Kim filed for divorce this year. The couple likely has a prenup, given the money at stake and considering it’s Kardashian West’s third marriage. Additionally, their biggest assets may be separately owned and operated businesses.

Their divorce could get more complicated when it comes to their shared real estate assets — including their Calabasas mansion, with an estimated $30,000 bathroom sink.

Kanye may the wealthier of the pair, with his net worth tied up in Yeezy, with an estimated value of $1.26 billion. His shoe brand is known for sneakers that cost upwards of $200 a pair. Kim’s wealth is believed to be invested in KKW Beauty with an estimated value of $500 million.

Social Media and Divorce

I’ve written about the widespread use of social media in society, and how that impacts family law cases – especially when it comes to authenticating documents in a divorce court.

Some exhibits are so trustworthy they don’t even require a witness to authenticate. Evidence Rule 201 lists matters which a court must judicially notice, meaning a judge does not have discretion but to admit indisputable evidence.

The list is short and includes laws of the Congress and Florida Legislature; Florida statewide rules of court, rules of United States courts, and U.S. Supreme Court rules.

Rule 202 includes even more matters, but also provides judges leeway in deciding whether or not to take judicial notice. For example, the statute allows a court to take judicial notice of facts that are not subject to dispute because they are “generally known within the territorial jurisdiction of the court”, and facts that are not subject to dispute because they are “capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.”

But with the widespread use of fake social media accounts, you have to start to wonder whether the genuineness assumption of evidence in family court still stands. Anyone can set up a fake Kardashian Instagram account.

The increasing use of electronic evidence at trial, and the ease with which it is impersonated and manipulated, pressures us to bolster foundational evidence more than ever.

Stronger

Kanye previously unfollowed Kim and her sisters on Twitter in June. He confessed to being unfaithful during their seven-year union in a song:

 “Here I go actin’ too rich / Here I go with a new chick / And I know what the truth is / Still playin’ after two kids / It’s a lot to digest when your life always movin.”

Social media is the cause behind one in seven divorces. Social media can not only cause marriages to end — they can impact your divorce and weaken your case.

One of the first places your spouse’s divorce lawyer will look for evidence is online. Even seemingly harmless pictures or statements can have a legal impact later. When you are disputing child custody, what you post on Facebook can make you seem unfit.

It can be frustrating to know the latest legal motion in your divorce was the result of something you posted online. Although you don’t have to remove your social media presence during a divorce, caution in posting is advised.

While your divorce case is pending, limit your posting online. Be careful when discussing things with your soon to be Ex and their friends. Also, be careful of the kinds of photos you post online as they can hurt your custody case.

Kanye has had a complicated relationship with social media. In July 2020, he claimed on Twitter that he had been trying to divorce Kardashian after she “met with Meek [Mill]” nearly two years prior to discuss prison reform.

Kanye referred to Kim’s mother, Kris Jenner, as “Kris Jong-Un”.

Conversely, Kim is playing things well. She publicly supports Kanye after separating, defends him, and asked her fans to be kind to him as he has bipolar disorder.

“He is a brilliant but complicated person who on top of the pressures of being an artist and a black man, who experienced the painful loss of his mother, and has to deal with the pressure and isolation that is heightened by his bi-polar disorder. Those who are close with Kanye know his heart and understand his words do not align with his intentions.”

The Fox News article is here.

Custody Rights and COVID-19 Vaccination

Posted by Ron Kauffman on

Many people are wondering whether you can lose custody rights for not taking the COVID-19 vaccination following news that a Chicago mother lost her visitation rights after she answered a family law judge’s question on the matter . . . incorrectly.

Vaccination Custody

Baby, What a Big Surprise

The mother, Rebecca Firlit, has been divorced for seven years and sharing custody of their child. She has an 11-year-old son who she regularly timeshares with. Earlier this month, Cook County Judge James Shapiro prohibited Firlit from timesharing with her son.

The vaccination issue was not raised by her ex-husband. Instead, the judge asked Firlit if she was vaccinated during a child support hearing via Zoom, and when she said no, the judge stripped her of all parenting time with her son until she gets vaccinated.

“I’ve had adverse reactions to vaccines in the past and was advised not to get vaccinated by my doctor. It poses a risk,” Ferlit told the Chicago Sun-Times.

According to some reports the mother would not stop overtalking other people. She was upset and yelling, and he muted her after she wouldn’t stop, adding that she later unmuted herself, and the judge temporarily placed her in a Zoom waiting room.

A 39-year-old desk clerk, Ferlit said she was caught off guard by the judge and was shocked at his ruling.

“One of the first things he asked me when I got on the Zoom call was whether or not I was vaccinated, which threw me off because I asked him what it had to do with the hearing. I was confused because it was just supposed to be about expenses and child support. I asked him what it had to do with the hearing, and he said, ‘I am the judge, and I make the decisions for your case.’”

Firlit said she believes Judge Shapiro was frustrated because the hearing took several hours, and attorneys were going to ask for a continuance. For now, she is relegated to only speaking with her son on the phone. “I talk to him every day. He cries, he misses me. I send him care packages.” Her attorney said she hopes an appellate court gets involved this week and reverses Shapiro’s ruling.

Florida Vaccination

In Florida, the prevailing standard for determining “custody” is a concept call shared parental responsibility, or sole parental responsibility. Generally, shared parental responsibility is a relationship ordered by a court in which both parents retain their full parental rights and responsibilities.

Under shared parental responsibility, parents are required to confer with each other and jointly make major decisions affecting the welfare of their child. In Florida, shared parental responsibility is the preferred relationship between parents when a marriage or a relationship ends. In fact, courts are instructed to order parents to share parental responsibility of a child unless it would be detrimental to the child.

Issues relating to a child’s physical health and medical treatment, including the decision to vaccinate, are major decisions affecting the welfare of a child. When parents cannot agree, the dispute is resolved in court.

At the trial, the test applied is the best interests of the child. Determining the best interests of a child is no longer entirely subjective. Instead, the decision is based on an evaluation of certain factors affecting the welfare and interests of the child and the circumstances of the child’s family.

I wrote an article on the relationship between vaccinations and child custody in Florida before. In Florida, a court can carve out an exception to shared parental responsibility, giving one parent “ultimate authority” to make decisions, such as the responsibility for deciding on vaccinations. The Chicago case, however, involves a parent’s refusal to vaccinate herself.

The decision to vaccinate raises interesting family law issues. It is important to know what your rights and responsibilities are in Florida and other states.

Make Me Smile

Jeffrey Leving represents the boy’s father, Matthew Duiven, who lives in the South Loop. In an incredibly  unbiased and unsurprising statement, the father’s lawyer said:

“There are children who have died because of COVID. I think every child should be safe, and I agree that the mother should be vaccinated. We support the judge’s decision”

In recent weeks, debates have raged about necessary protocols to prevent transmission of COVID-19 as students throughout the country prepare to return to in-person school. While some states have mandated wearing masks in schools, others, such as here in Florida, have banned mask mandates, which the governor says protects parents’ freedom to choose whether their children wear masks.

After entering an order sua sponte to suspend a parent’s visitation rights until she received the COVID-19 vaccine, the Cook County family law judge revisited the issue with a new order striking the restriction.

The Chicago Sun Times article is here.

 

Equitable Distribution of Google Stock

Posted by Ron Kauffman on

Scott Hassan, known by some as the third Google founder, is finally headed to his divorce trial after nearly seven years battling over the equitable distribution of Google stock, real estate, and other technology stock – estimated to be worth billions of dollars.

Equitable Distribution Google

“I’m Feeling Lucky”

As the divorces of Bill Gates and Jeff Bezos show, technology billionaires are trying to divorce quietly, behind closed doors. For example, when Google co-founder, Sergey Brin divorced his ex-wife, he hired a private judge to hash out the details.

A quick Google search shows that Hassan and Huynh’s divorce is anything but quiet. Huynh accuses her husband of engaging in “divorce terrorism,” such as creating a negative website called AllisonHuynh.com.

The site contains documents posted of sexual allegations related to Huynh’s wrongful termination suit against her former employer. They claim that Huynh threatened to “kill [her former employer] and then herself” if he ever left her and “kept track of when [her former employer] was out with a new girlfriend,” according to the cross complaint filed by [her former employer] and his attorney in response to Huynh’s suit.

After being accused of creating it, Hassan admitted to launching the site, seeding it with links to articles written about his ex — and links to court documents from three embarrassing lawsuits that involve her.

When confronted, he purportedly admitted to The Post:

“I did, but I have taken it down. It came together in a moment of frustration, when I felt Allison and her attorney were telling one-sided stories to the press. I thought aggregating publicly available information without commenting or editorializing would help … It only ended up making our dispute more public and tense, which was never what I intended.”

According to sources, in 2018, their estate was valued at $1.8 billion and he wants to give her a minuscule fraction.

Florida Equitable Distribution

I have written about equitable distribution in Florida before. In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, a court must set apart to each spouse that spouse’s non-marital assets and liabilities.

However, when distributing the marital assets between spouses, a family court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors.

In Florida, nonmarital assets include things such as assets acquired separately by either party by will or by devise, income from nonmarital assets, and assets excluded as marital in a valid written agreement.

Importantly for this hi-tech divorce, non-marital assets would include assets acquired and liabilities incurred by either party before the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.

“I’m Feeling Wonderful”

Mr. Hassan was a research assistant at Stanford’s computer science department when he met Larry Page, then a Ph.D. candidate. When Larry and Sergey Brin founded Google in 1998, Hassan bought 160,000 shares for $800. In 2004, the shares were worth more than $200 million. The shares, now in Google’s parent company, Alphabet, would be valued at more than $13 billion today.

In 2001 they married in Las Vegas and there was no prenuptial agreement, and they barely discussed finances. Ms. Huynh says she supported the family financially in the early years but her husband denies that.

In 2006, during the marriage, the husband formed a limited liability company called Greenheart Investments. Greenheart was valued at more than $1 billion in 2015.

Huynh wants Greenheart to be considered community property because Hassan repeatedly muddied the line between his separate assets and their community property. But Hassan argues that the company should be considered his separate property because it was started with his pre-marital assets.

Hassan acknowledged during court proceedings that he had set up Greenheart as his own company to keep certain assets ‘completely separate’ from Allison.” She insists it is community property — which partners must, typically, divide equally under California law.

Hassan maintains “that the disputed assets are properly characterized as my separate property — this does not necessarily mean that the community, or Allison, will not be compensated,” Hassan said. “I already agreed to provide her with a significant amount of money every month.”

But Huynh purportedly told The New York Post:

“His miserly position is ludicrous. I pray that a Big Tech billionaire will not get away with his attempt to cheat his children and me while he walks away with everything.”

The New York Times article is here.