Most people agree that during divorce the single most important issue is the welfare of any children. A close second, or if no children were born of the marriage, is the issue of assets and property division. Some parties are able to peacefully divide their assets and liabilities, while other cases are found on the other end of the spectrum. Everything from failing to report income, to hiding assets can be uncovered during a divorce. In cases where the value of assets is significant, the parties are well advised to seek not only the advice of competent family law attorneys, but to also include an accountant on their team of professionals.
The idea of going to marriage counseling during a divorce may seem fruitless, but only at first. While it is not uncommon for some attempts at therapy to result in one party trying more than the other, with the right approach marriage counseling can actually help you during the divorce case. At Ferraro Law Group, we offer family law services in a way that works for your family. In some cases, participating in counseling during your divorce case results in a better understanding of your family’s needs and how to best approach conflict when it arises.
Psychological professionals agree therapy during divorce is good. The benefits to attending marriage counseling, even while proceeding with a divorce include:
● A safe place: providing the party who initiated the divorce with a place where important issues can be raised in an environment that feels safe helps… Continue reading
In this economy, we are frequently presented with cases in which a former spouse has failed to fulfill his or her monetary obligations under the terms of a divorce decree. Clients often assume that once the divorce decree is entered; the other party will simply comply with whatever awards it dictates. Unfortunately, this often turns out not to be the case and therefore, it is important to have a good understanding of the available remedies for the breach of a divorce obligation.
The most important concept to understand is that there is a distinction between property settlement awards and awards which are determined to be in the nature of support (alimony, child support, attorney’s fees). This distinction governs the remedies that are available and the loopholes which might exist for a non-complying party.
Property division awards in a divorce decree are treated… Continue reading
Chapter 61 provides divorce court judges with immense discretion in the determination of whether a spouse is entitled to alimony, what type of alimony is appropriate (if any) and the amount of the alimony award. Ultimately, these awards are reviewed under an abuse of discretion standard. This means that the alimony award will be upheld on appeal if the higher court finds that any reasonable jurist reviewing the similar facts would have ruled in the same manner. In other words, if the case was tried in front of 10 different judges and even one would have rendered the same alimony award; the judgment will stand up to appellate scrutiny.
However, while an alimony award is generally within the sound discretion of the court; that discretion is not unlimited or absolute. Therefore, the Trial Court is required… Continue reading
In this case, the parties were divorced on June 14, 2007 and an amended divorce judgment was entered two weeks later on June 30, 2007. The amended divorce order required the Former Husband to pay $ 8,000 in monthly alimony to the Former Wife. This appeal arises from the Former Husband’s unsuccessful attempt to modify his alimony obligation (which coincided with the Former Wife’s motion to increase that same alimony payment).
The Former Husband’s appeal rested on four (4) grounds: (1.) the denial of his application for a downward modification of alimony based upon his reduced income; (2.) the failure to reduce his child support obligation when his oldest child reached the age of majority; (3.) his claim that the there were constitutional deficiencies in the contemporaneous order citing him for contempt based upon his non-payment of alimony; and… Continue reading
In this case, the Final Judgment of divorce awarded the Former Wife $ 30,000 per month in permanent, periodic alimony. The Former Husband appealed to the First District Court of Appeal which held that the alimony award constituted reversible error because the Judgment lacked the requisite findings and was not based upon competent, substantial evidence.
Dr. and Mrs. Gray were married in 1992 while Dr. Gray was still in medical school. The record revealed that Mrs. Gray, who worked in public relations, supported the family while Dr. Gray completed medical school, his internship and his residence. The marriage lasted seventeen years, during which the parties had four children who ranged in age from 5-12 on the date that the divorce petition was filed. The parties ultimately agreed on the child-centric issues (child support, timesharing, etc)… Continue reading
Most divorce practitioners are aware that dividing a pension or qualified retirement asset as part of the property division requires a few extra steps. Because retirement plans are governed by federal law (as opposed to state divorce law) a standard divorce judgment simply will not do the trick. Instead, the payee of these benefits must submit a Qualified Domestic Relations Order (QDRO), which is essentially a special type of court order which conforms to state and federal law as well as the terms of the Marital Settlement Agreement and the specific directives of the plan in question. Most divorce lawyers outsource this task to a QDRO attorney who specializes in the drafting of these types of orders.
However, problems arise when the pension that is referenced in the divorce agreement is provided by a government employer. This is because government plans (federal, state… Continue reading