Jilted Woman Wins $100,000 Lawsuit

While watching the Today Show the other morning, there was a news story about a woman who sued her ex-fiance after he broke off their engagement. The jury heard the evidence and she was awarded $100,000.00. I cannot find the story anywhere on the Internet, so if one of my readers finds any online article about this case, please post the link here. I'm not sure what the basis of the lawsuit was, but I'm sure that it had something to do with broken contracts. The woman claimed that she left a good paying job and moved to where her fiance was based upon her belief that they would be getting married. I am sure that the decision will be appealed and we may hear more about this. What concerns me is whether a decision like this could possible affect divorce law in states that are no fault. If you allow someone to be sued for a broken engagement, there is an assumption that someone is at fault and should be monetarily punished for that fault. In no fault states, fault almost never comes into play when you are dividing assets or awarding alimony. I'm sure we'll hear more about this case in the future, but it is interesting that a jury would award someone money damages for a broken engagement.

Long Term Marriage and Equitable Distribution

I recently received a comment from a reader with some questions about equitable distribution and alimony in a long term marriage in Florida. I thought I would respond in this blog, because I think her worries were consistent with some other worries that I have heard before.

When a couple has been married for 20 years or more, this is considered a long term marriage. If there is a large discrepancy in incomes you can expect an alimony award, however, the amount of that alimony is something that is left up to judicial discretion and in some circumstances, there are judges that rarely award large amounts of alimony. If a party hasn't worked outside the home, there is a good chance that a judge would require you to be partially responsible for your own financial needs, and the judge will also look to see what type of equitable distribution you received in the divorce to determine what your actual need is. Alimony is an area of law where judges have broad discretion and you are going to get different outcomes depending on what judge you are in front of. There are some judges where I know that they will award descent, if not overly generous, alimony to a spouse and then again there are other judges who may not award any alimony at all. Therefore, equitable division of property becomes very important and therefore, it is equally important to insure that you have competent legal representation who knows all of the discovery tricks to uncover all assets that are held jointly or individually in one parties name. This process can sometimes be tedious, but if there is an asset out there that is partially yours, you should leave no stone unturned.

Filing Fee Changes

Seems like the price of gas isn't the only thing that is getting to be outrageously expensive. Governor Crist just signed into law a change for many court filing fees. For example, a step parent adoption in Orange County used to cost you $255.00 to file, starting June 1, 2008, the price is going to be $300.00. These fees were hefty to begin with, but now a simple traffic ticket, or name change can end up costing you hundreds of dollars more than what you anticipated, especially if you choose to get an attorney, especially because most attorneys do not have filing fees incorporated into their retainer fees.

If you would like to learn more about these filing fee changes, see the following: http://www.cbs12.com/news/courts_4708157___article.html/parking_want.html

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.