Tag: public speaking

Speaking Engagement: 2021 Case Law Update

For anyone interested in the latest developments in Florida family law and hasn’t already registered, I will be speaking again at the 2021 Case Law Update on October 14, 2021. 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.

Case Law Update

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.

Registration is here.

Speaking at the 2020 Case Law Update

For anyone interested who hasn’t already registered, I will be speaking at the 2020 Case Law Update on December 10, 2020. 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 helped make 2020 a memorable year.

case law

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 modifications, parenting plans, alimony, equitable distribution, child support, relocation, enforcement, contempt, paternity, attorney’s fees, and disciplinary and ethical considerations.

Registration is here.

Speaking on Parenting Plans

There is still time to register for my upcoming speaking engagement on parenting plans. The Dade County Bar Association’s “Nuts and Bolts of Family Law” Seminar will take place on December 4, 2020. I will be speaking along with my colleagues, Hon. Samantha Ruiz Cohen, Michelle M. Gervais, Robert C. Josefsberg, Amber Kornreich, Paul R. Lipton and Jacqueline M. Valdespino.

parenting plans

Dade Legal Aid and Put Something Back Program

Dade Legal Aid provides direct civil legal services for low-income residents of Miami-Dade County. Since 1949, we have been passionately committed to providing “Access to Justice” to those in need of legal representation, including low-income individuals and families impacted by the current health crisis.

Dade Legal Aid provides life-changing and often life-saving services in the areas of Family Law, Domestic Violence, Guardianship, Child & Teen Advocacy, Human Sex Trafficking, Guardian ad Litem and other areas of law.

Annually, the agency serves over 5,000 clients positively impacting the lives of over 10,000 residents utilizing a strategic mix of experienced staff attorneys, pro bono attorneys, law firm partnerships, law school stakeholders and dozens of collaborations with diverse organizations and groups with the aim of assisting vulnerable populations and families living in poverty

Child Custody and Timesharing

I will be discussing parenting plans, a topic I’ve written and spoken about before. Generally, a parenting plan is a document created by lawyers or the court to govern the relationship between parents relating to decisions that must be made regarding their minor children.

Parenting plans must contain a time-sharing schedule for the parents and children too. The issues concerning the minor children should also be included, and consist of issues such as the children’s education, their health care, and physical, social, and emotional well-being.

When creating parenting plans, it is important to consider all of the circumstances between the parents, including the history of their relationship, whether there are any issues about domestic violence, and many other factors must be taken into consideration.

A parenting plan has to be either developed and agreed to by the parents and approved by a court; or in the alternative, a parenting plan must be established by the court – with or without the use of a court-ordered parenting plan recommendation – when the parents cannot agree to a parenting plan, or the parents agreed to a plan, but the court refuses to approve the parents’ plan.

Register here.

Speaking Engagement – 2020 Family Law Case Review

2020 has been, well, quite a year. So, on December 10, 2020 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 helped make 2020 so . . . special.

2020 family law cases

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. The seminar will start at noon, and run for 2 hours.

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

Registration is here.

 

Upcoming Speaking Engagement on Parenting Plans

I look forward to speaking about child custody and timesharing parenting plans on December 4th at the Dade County Bar Association & Dade Legal Aid/Put Something Back “Nuts and Bolts of Family Law” Seminar. I will be speaking along with my colleagues, Hon. Samantha Ruiz Cohen, Michelle M. Gervais, Robert C. Josefsberg, Amber Kornreich, Paul R. Lipton and Jacqueline M. Valdespino.

Child Custody Parenting Plans

Dade Legal Aid/Put Something Back

Dade Legal Aid provides direct civil legal services for low-income residents of Miami-Dade County. Since 1949, we have been passionately committed to providing “Access to Justice” to those in need of legal representation, including low-income individuals and families impacted by the current health crisis.

Dade Legal Aid provides life-changing and often life-saving services in the areas of Family Law, Domestic Violence, Guardianship, Child & Teen Advocacy, Human Sex Trafficking, Guardian ad Litem and other areas of law.

Annually, the agency serves over 5,000 clients positively impacting the lives of over 10,000 residents utilizing a strategic mix of experienced staff attorneys, pro bono attorneys, law firm partnerships, law school stakeholders and dozens of collaborations with diverse organizations and groups with the aim of assisting vulnerable populations and families living in poverty

Child Custody and Timesharing

I will be discussing parenting plans, a topic I’ve written and spoken about before. Generally, a parenting plan is a document created by lawyers or the court to govern the relationship between parents relating to decisions that must be made regarding their minor children.

Parenting plans must contain a time-sharing schedule for the parents and children too. The issues concerning the minor children should also be included, and consist of issues such as the children’s education, their health care, and physical, social, and emotional well-being.

When creating parenting plans, it is important to consider all of the circumstances between the parents, including the history of their relationship, whether there are any issues about domestic violence, and many other factors must be taken into consideration.

A parenting plan has to be either developed and agreed to by the parents and approved by a court; or in the alternative, a parenting plan must be established by the court – with or without the use of a court-ordered parenting plan recommendation – when the parents cannot agree to a parenting plan, or the parents agreed to a plan, but the court refuses to approve the parents’ plan.

Register here.

 

Modifications and Other Divorce Trends for 2020

According to the National Center for Health Statistics, there were in excess of 787,000 divorces in the United States in their last report. If you’re planning on filing for divorce in 2020, or have other family law issues forcing you into family court, here are some recent trends you should know about.

Divorce trends

How We Changed

When a Massachusetts woman, Elizabeth Luxford, found out her husband James already had a wife, she went straight to court, and then got the first-ever American divorce in December 1639. Her husband James was sentenced to forfeit all of his assets, pay a fine, and faced stocks and pillory.

In the colonies during the 17th century, there was on average one divorce a year. Over time, petitions for divorce grew, with 229 in the Massachusetts Bay colony alone between 1692 and 1785.

The Puritans rejected Anglican and Catholic views of marriage as a sacrament, and defined marriage as a civil matter. If a marriage partner violated the marriage agreement, the injured party could escape the chains of matrimony with a divorce.

Since torture was eliminated in family law, there have been some other noticeable trends in divorces and separations.

Increased Time-sharing

With more two-income families, there has been a recent trend toward increasingly shared time-sharing schedules. In Florida, every year there are always rumblings in Tallahassee to mandate equal time-sharing in all cases, but no bills have been signed into law yet.

Florida has had a long-standing public policy which states that each minor child has 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 a parenting plan for the child.

Today, neither parent has a leg up in a custody dispute, which has led to more resolutions that include substantial and even equal parenting time for each party. But while many people want equal time-sharing, a 50/50 time-sharing schedule simply is not practical in many cases.

After a separation or divorce, it is common for parents to live apart, nesting is rare, and some former couples can live more than a few hours apart from each other with traffic. It could be impossible for them to get a child to school and home again every day.

Divorce over 50: The gray divorce

A gray divorce” is a recent term referring to later-in-life divorces where both parties are over age 50. There are unique challenges — legally, financially, and emotionally — for those who divorce when they’re older.

In a gray divorce there may be less time to recover from financial hits such as dividing up the assets, debts and especially retirement benefits. That’s what makes investment management especially critical as the parties face the uncertainties of getting older.

Often, people must retire sooner than they may want to due to health issues or layoffs, which adds to the complexity of older divorces. We are also living longer, and the marital assets must provide for a longer time.

Health care funding also becomes a big issue in older divorces because there is often a time gap between the divorce and when individuals are eligible for Medicare. Medical costs can become a larger portion of the overall budget later in life.

Estate planning issues also come into play. For example, there are new medical directives and powers of attorney which may need to be drafted, new beneficiaries on life insurance, annuities and retirement accounts need to be considered.

The need for trusts and the establishment of other estate planning strategies may change when a couple is no longer together, so those issues need to be addressed too.

Mediation

A growing trend everywhere in the United States, and especially in Florida, is the trend towards alternative dispute resolution. This includes mediation, arbitration and collaborative family law.

The alternative dispute resolution process, such as mediation, arbitration, and collaborative law, are designed to help couples discuss their issues and come to an agreement that is beneficial to everyone, without having to go through a long costly court battle.

The prospect of saving time, money, and minimizing the level of stress involved is perhaps the biggest incentive for people to pursue alternative dispute resolution.

Unlike mediation, arbitration is where a neutral third person or panel considers the facts and arguments presented by the parties and renders a decision. An arbitration can be binding or non-binding. The primary advantage of binding arbitration in non-child family law cases is the conclusiveness which attaches to an arbitration award, which can avoid the expense and delay of litigation.

Modifications of Custody, Alimony, and Support

You might think when a final divorce decree is entered, the case is done. But there is a trend involving more post-judgment filings in family court. In Florida, asking to change something in the final decree or agreement is known as a “modification.” Actions for modifications are supplemental to the original divorce or family law case.

Modifications include cases where parents try to change the time-sharing schedule, argue that alimony should be increased or decreased or terminated because of a substantial change in circumstances.

I recently spoke at the Florida Bar Family Law Section and American Academy of Matrimonial Lawyer’s co-sponsored Certification Review Course in Orlando about modifications. This year’s ‘Cert Review’ course attracted over 1,800 family law attorneys and judges from around the state of Florida.

Is Facebook to blame for the increase in modifications? Some say social media may be a reason for the increase in modifications because it’s a lot easier to see how your former spouse or significant other is doing.

Anyone with a Facebook or Instagram account can spy on the lives of their Ex to see if they are driving around in fancy new cars, eating in expensive restaurants, or if they are involved in a supportive relationship.

The New Jersey article is here.

 

Speaking at Marital & Family Law Review Course

Honored to be asked to speak to over 1800 divorce lawyers, judges, hearing officers and other professionals at the prestigious Marital & Family Law Review Course in Orlando from January 31st to February 1st. I will be discussing modifications of parenting plans, settlement agreements, alimony and support. The event is co-sponsored by the Florida Bar Family Law Section and the American Academy of Matrimonial Lawyers.

Cert Review Speech

Modifications

Life happens. When it does, we often have to make changes to our parenting plans, agreements, the alimony we pay or receive, and the amount of support being paid. What do you need to modify any aspect of your divorce agreement or order?

In Florida, a substantial change is what must be proven in court when a parent wishes to modify a previous court order or divorce or separation agreement. It may be the person who must pay alimony or support and recently retired, lost their job, or received a significant pay cut.

A change may come from a whose job now allows them to spend more time at home and would like to spend that extra time with their children. Whenever there has been a substantial change in your circumstances you may be able to ask for a modification of your court order or agreement

Certification Review Course

It is a privilege to be invited to speak again at the annual Marital and Family Law Certification Review course again.

The annual seminar is the largest, and most prestigious advanced family law course in the state. Last year’s audience included over 1,800 attorneys and judges from around the state.

The review course is co-presented by the Family Law Section of The Florida Bar, and the American Academy of Matrimonial Lawyers.

Registration information is available here.

Daubert Webinar Available for Download

For anyone who is interested in downloading my Florida Bar Family Law Section sponsored presentation on “The Return of Daubert” from this past Halloween, and could not get the materials, you can download it from the Florida Bar website here – and get CLE. Florida’s changing expert witness rules impact everyone who practices in divorce and family law. The Webinar will explain why the new old law is here to stay.

Divorce Expert

The Frye Pan

People rely on all sorts of expert witnesses in divorce and family law cases, maybe more than most areas of law. Routinely, people will come to trial with accountants, psychologists, and other experts in tow.

Since 1923 courts have relied on the Frye Rule, which states that expert opinion based on a scientific technique is only admissible where the technique is generally accepted as reliable in the scientific community.

In 1993, the U.S. Supreme Court adopted a new standard which requires trial judges to screen expert testimony for relevance and reliability. The “Daubert test” developed in three product liabilities cases. The plaintiffs tried to introduce expert testimony to prove products caused their damages. The U.S. Supreme Court ultimately tightened the rules for admitting expert testimony.

Constitutional Problems

In 2013, the Florida Legislature amended the Florida Evidence Code to start following the U.S. Supreme Court’s Daubert standard for the admission of expert testimony and the basis for an expert’s opinion. When the legislature passes a law encroaching on courtroom practice and procedure, the laws are unconstitutional. However, the Legislature can enact substantive laws.

When one branch of government encroaches on another branch, Florida traditionally applies a “strict separation of powers doctrine.” Given that the Evidence Code contains both substantive and procedural provisions, there is a question whether the Legislature violated the separation of powers doctrine.

The Florida Evidence Code contains both substantive and procedural provisions, so there was a suspicion that the Legislature violated the separation of powers doctrine when it amended the code this way. My new article about the way the Constitutional problem was resolved by the Florida Supreme Court is available here.

Return of Daubert

This summer, the Florida Supreme Court weighed in on the new evidence law and found it constitutional. Rejecting the recent complaints about the Daubert standard, the Florida Supreme Court remarked that Daubert has been routinely applied in federal courts since 1993, a majority of states adhere to the Daubert standard, and caselaw after Daubert shows that the rejection of expert testimony is the exception rather than the rule.

Effective immediately, the Florida Supreme Court has adopted the Legislatures’ 2013 amendments to section 90.702 as procedural rules of evidence, and adopted the amendment to section 90.704 to the extent it is procedural.

Florida’s new-ish Daubert standard is the set of factors used to determine the admissibility of expert witness testimony in court. Under the Daubert standard, the trial judge serves as the gatekeeper who determines whether an expert’s evidence is deemed reliable and relevant.

Trial judges in Florida now have to use the Daubert test to assess whether an expert witness’ testimony is 1) based on scientifically valid reasoning and 2) whether it has been properly applied to the facts at issue. Failure to comply with the Daubert standard can result in exclusion of an expert’s testimony.

The Webinar is available here.

 

Speaking on Halloween and Daubert

This Halloween I will be co-presenting a webinar with the Hon. Samantha Ruiz Cohen. The presentation is sponsored by the Florida Bar Family Law Section. The webinar will discuss Florida’s dark, lonely road to a new standard for admitting expert testimony: Daubert Returns.

Daubert

The presentation addresses the changes to §90.702 and §90.704; how the new Daubert standard differs from Florida’s old Frye rule; the Constitutional problem, appellate cases applying the new standard; how the judge’s role has changed; and the new Rules’ impact on the admissibility of expert testimony in family law cases.

The webinar will take place tomorrow, October 31, 2019 beginning at noon.

Did I mention the witches?

There is still time to register by clicking here.

 

Upcoming Webinar

For any interested readers, I will be speaking with the Hon. Samantha Ruiz Cohen at a webinar hosted by the Florida Bar Family Law Section. The webinar will discuss Florida’s twisting road to the current standard for admitting expert testimony in family law and divorce cases.

fla-supreme-ct

The presentation addresses the statutory changes to §90.702 and §90.704; how the new Daubert standard differs from Florida’s old Frye rule; the now-settled Constitutional problem, some appellate cases applying the new standard; how the judge’s role in admitting expert testimony has changed; and the new Rules’ impact on the admissibility of expert testimony in Family Law cases.

You can register by clicking here.