Your Divorce, Public Record

Often times couples are distraught to learn that everything they file, and everything that is said in the Courtroom is public record unless those proceedings are sealed by the Court. If one party does not wish to have the proceedings sealed, it will take a hearing and a Court order to seal a case. Often times, one party wants the divorce proceeding to be sealed, while the other party wishes for the information to be public. This could be for leverage in the event someone had an affair, has a drug or gambling problem, or has been financially irresponsible and doesn't want the IRS to find out what has been going on. While I believe that some court proceedings should not be privy to the public, I feel unless the issue is properly before and decided by the Court, all matters should be public.

Its Good to Have a Prenuptial Agreement

There is no secret that 50% of all marriages end in divorce and for celebrity couples, those statistics can be even higher. I encourage the use of marital settlement agreements for those couples who may stand to lose substantial amounts of money or assets in the event they are to get a divorce. A good prenuptial agreement can save you time, money and headaches, if there is a divorce. The divorce between Britney Spears and Kevin Federline is a good example of why its important to have a prenuptial agreement, and the divorce between Paul McCartney and Heather Mills is a good example of how not having a prenuptial agreement can be disastrous. A couple will still need to figure out what is going to happen with their children, but without the bickering and fighting that goes on concerning how to divide assets, the chance of a fast and reasonable settlement is much more likely if you have a Prenuptial Agreement.

Abuse Prevention Month

There is no question that child abuse and neglect is still a prevalent problem in our society. There are many things that an individual can do to stop abuse, from reporting behavior to taking the time to babysit for a friend when they feel that they may be at their breaking point with their children. Children are the future of our country and its important to make a conscience effort to protect them. April is Child Abuse Prevention Month, and there is no time like the present to do your part to protect children.

If you want to read more about how you can help put a stop to child abuse and neglect, see the following: http://www.alligator.org/pt2/070406letter2.php

Sex Change Alimony Case Ruling

On March 28, 2007, I blogged about the request of a Man to have his alimony award suspended because of his wife's sex change operation. Today a Pinellas County Circuit Court Judge rejected his request and stated that the alimony award would remain in place. The reasoning was that Florida law regards post-operative transgendered persons as maintaining the same sex that they were born with, therefore the reassignment surgery changed nothing. The Judge stated, "Despite the surgery and the fact that the Respondent holds herself out to be a male, Florida recognizes the immutable female traits determined at birth," St. Arnold wrote. "Whether advances in medical science support a change in the meaning commonly attributed to the terms 'male' and 'female' as they are used in Florida, is a question that raises issues of public policy that should be addressed by the Legislature, not the Florida courts." I think that the Judge got the ruling right, but I'm sure this isn't the last we hear of cases such as this one.

If you would like to read the story in its entirety, you can find it at: http://www.gaycitynews.com/site/news.cfm?newsid=18173781&BRD=2729&PAG=461&dept_id=568860&rfi=6

Military Divorce Rates Rising

Unfortunately, the war in Iraq has taken a toll on military families. Often times the strain of a husband or wife being shipped off to a foreign country for long period of times can lead to divorce. Additionally, many soldiers are effected by the events they saw and participated in while serving our country which makes them a different person once they return to American soil. This too can have an effect on marriages. Many military couples fail to arrange formal marriage counseling to address the special issues that arise in military marriages because they fear that this will cause problems with military promotions. However, failing to address the unique problems that are a result of being "married to the military" can ultimately cause the failure of the marriage. The military has developed unique ways in which families can seek out advice in an anonymous way in order to help them with their marriage woes. One such device is a column written by a soldier's wife that can be found on the Fort Campbell Courier Website. Ms. Vicki's advice and counsel is often sought out by people who want to know how to cope with certain situations in an anonymous fashion. While formal counseling may be a better way to deal with marital issues and problems, the fact that the military is addressing the fact that their divorce rates are up and providing some new alternatives for families in distress is a positive step.

If you would like to read about Ms. Vicki, visit: http://www.cbsnews.com/stories/2007/04/03/earlyshow/contributors/main2642842.shtml

The Feminine Mistake

Gone are the days when a divorced woman only married for a short period of time could collect alimony payments until her remarriage or death. Its much more common for alimony awards to be limited in scope, based on the short term length of the marriage, and the woman's ability to be self-sufficient. I often encourage my female clients who have taken time away from a career in order to take care of their children, to get back into the work force as soon as possible. Many judges will not award a young woman any alimony if she is capable of being financially self-sufficient, but is choosing not to as a result of wanting to care for her children. Therefore, I think its important for all woman to understand the need to be self-supporting so in the event of a divorce, or injury/death of their spouse, they will be in a position to take care of themselves financially. A recent book called "The Feminine Mistake" chronicles this very issue and is sure to create debate and controversy for all women. If you would like to read an excerpt from this book, you can do so at: http://parenting.ivillage.com/mom/workfamily/0,,bfw4zv4p,00.html?par=todaypp

Outrageous Attorneys' Fees

There is nothing that gives an attorney a bad reputation more than an unreasonable attorneys' fees bill. I definitely do not believe that you should give your services away, and also feel that if a client is not paying their bill, you should be allowed to fire them without any further question or debate. However, I believe that an attorney's bill should always be reasonable considering the special circumstances of each and every case and I also believe that if there is any question concerning a charge on a bill, a client should be given the opportunity to dispute that charge. Larry Birkhead, one of a number of different men claiming paternity over Anna Nicole Smith's daughter, is currently in a dispute with his former attorney who charged him over $600,000.00 for legal fees. Mind you, the DNA testing has not yet come back, and we have yet to know who the putative father is, yet Ms. Opri, has charged Mr. Birkhead an outrageous amount of money for her fees. Whether or not these fees are reasonable will be up to a judge to decide if Larry Birkhead chooses to litigate the contents and line items for the bill. If you are faced with what you believe to be an unreasonable attorney's bill, it must be understood that the determination of reasonable attorneys' fees will use the following criteria:

1. What is a customary fee for similar matters;
2. Experience and reputation of the lawyer;
3. likelihood that the case will preclude the attorney from other employment;
4. time, novelty and complexity of the issues; and
5. Results obtained.

These criteria are generally referred to as the "Lodestar" criteria and can be found in greater detail at Rosen v. Rosen, 696 So.2d 697 (Fla. 1997). Most attorneys' fees are reasonable and fair, however, if you feel that your bill is rather high taking into account all the factors set forth above, speak with your attorney to have your concerns addressed.