Dos and Donts in Orange County Divorce

There are plenty of articles on the web about the dos and donts in divorce, but rarely do you get an article that is straight from family lawyers and judges that are in your particular state and county. The following article is from the Orlando Sentinel which contains horror stories and "fyis" from Orange County judges and family lawyers.

http://www.orlandosentinel.com/services/newspaper/printedition/monday/goodliving/orl-divorce08may26,0,1009600.story

Divorce and the Lottery

Florida is an equitable distribution state which means in the event of divorce, the parties' assets are divided equitably. This does not always mean that the assets are going to be divided equally, but it usually ends up that way. A Miami woman wants to make sure she gets her equitable portion of lottery winnings that her husband received during the course of their marriage, and it is likely that she will win. If the parties were still married at the time that the lottery winnings came into existence, they are marital assets, and are subject to equitable distribution unless there is proof that the ticket was bought with non-marital funds. To read the story upon which this blog is based, see: http://www.cfnews13.com/News/Local/2008/5/16/wife_sues_husband_for_lottery_winnings.html

Gay Marriage In California

The California Supreme Court recently struck down a ban on gay marriage. In an opinion that analysts say could have nationwide implications for the issue, the seven-member panel voted 4-3 in favor of plaintiffs who argued that restricting marriage to men and women was discriminatory. This leaves the door open for gay couples to marry in California, one of the most populous states here in America. It'll be interesting to see whether the rest of America follows suit and whether this hot button issue comes back to the forefront in the race to the White House in the fall.

To read the story upon which this blog is based, see:

http://afp.google.com/article/ALeqM5gJAdjmJtqDzHG1370Shyd2_mMw4w

Is This Good For My Children?

It is unbelievably hard to separate the emotional from the rational in a divorce especially when there is adultery or other perceived deceptions involved. Often times when hurt feelings are involved a normal rational person becomes irrational and does and/or says things which can potentially hurt them in a custody battle. Whether that behavior is moving out of the marital home or arguing and fighting in front of the children, such conflict can hurt you in a custody battle. I always have the same advice for all of my clients when these issues come up and that is to think to yourself "will this help me get custody with my children" if the answer to that question is no, you shouldn't do or say what you want to say or do. While this is easier said than done, it is important to put your children first and to not act on emotion. Acting emotionally in a divorce does nothing but prolong the process and potentially hurt your chances of obtaining custody of your children.

Divorce As a Blessing

Sometimes its not a divorce that causes children to have problems, but the way in which the children's parents handle themselves after the divorce. Some people argue that staying in an unhappy marriage causes more harm to children then deciding to divorce. I think the jury is still out on that one, but the following article talks about the blessing that a divorce can be on a family:

http://www.evliving.com/life.php?action=fullnews&id=9869

What About the Pets?

With more and more couples choosing to have pets rather than kids, the question of what happens to the pets, comes up often. Because Florida considers pets to be personal property, this issue is something that Judges don't like to decide, and furthermore something which should not be brought before a Judge. If you and your soon to be spouse are fighting and arguing over who gets to keep Fido, the following story can provide you with some helpful advice to straighten out this messy issue in divorce.

http://www.palmbeachpost.com/blogs/content/shared-blogs/palmbeach/pets/entries/2008/04/21/divorce_pet_style_we_cant_stay.html