Showing posts with label alimony. Show all posts
Showing posts with label alimony. Show all posts

Tuesday, December 5, 2017

How do you Work Out Terms in a Collaborative Divorce

Working Out the Terms of your Spousal Support Agreement in a Collaborative Divorce

Spousal support, also known as alimony, is an issue that arises in many Florida divorces. It is the money one partner pays to the other after their divorce, generally for a fixed period of time but sometimes, until the receiving spouse remarries or either partner dies. This money is intended to help the spouse who opted out of the full-time workforce to care for the couple’s home and children during the marriage to avoid financial hardship.

 In a collaborative divorce, the divorcing couple works together to make their own determinations about their divorce settlement, rather than having the court make them. Alimony is often an issue discussed during collaborative divorces alongside parenting time and the division of the couple’s marital assets.

In Florida, you Can Waive your Right to Seek Spousal Support

Florida law permits individuals to waive their right to seek alimony in the event of their divorces in prenuptial agreements. This is not the case in all states.

Just like a collaborative divorce, a prenuptial agreement requires a couple to be flexible and willing to work together to make determinations that benefit them both, even in unpleasant situations like divorce.

Waiving Spousal Support in Exchange for a Larger Share of Marital Assets

When you divorce through collaboration, rather than litigation, you and your spouse work together to reach a divorce agreement that best fits your needs. In any divorce, dividing your marital assets is a component of the final settlement and often, it is the largest component of the settlement. Talk about potentially opting out of alimony in exchange for a more favorable share of your marital assets with your spouse, but also with your lawyer privately – there could be issues you do not initially recognize, like large tax burdens associated with certain marital assets or the long-term impact of choosing not to create an alimony order.

Collaborative Divorce is All About Keeping Control of your Divorce

Couples who choose collaborative divorce are often more satisfied with the results of their divorces than couples who divorce through litigation.

If you took on lower-paying jobs or opted out of the workforce completely during your marriage, alimony is a way to protect your financial future. Do not confuse the need to be amicable in a collaborative divorce with a need to agree with everything your spouse suggests. If you feel alimony is in your best interest, explain this and support your position with relevant facts during your collaborative divorce meetings. Your lawyer is your advocate, but you also need to advocate for yourself.

Work with an Experienced Winter Park Divorce Lawyer

When you are considering divorce, you have a lot on your mind. Before you begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about Florida’s divorce laws and what you can expect given your case’s unique circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with us.

Thursday, November 9, 2017

Overwhelming Numbers

Chief Judge Fredrick Lawton announced this week that one of two Business Court judges would be transferred to the Family Court Division beginning in January. This is to relieve the family court judges who currently have more than 25,000 open cases.

Many family court cases involve unrepresented parties at critical times in their lives. The emotional impact of family court cases affect children, parents, extended family and friends in many and various ways.

The recent shooting in Texas, ostensibly caused by a family conflict where the shooter was targeting his former mother in law was not the cause of this change, but is a startling example of the potential harm engendered in many family matters. Judge Lawton introduced this plan at the OCBA meeting last Thursday and stressed the need for more judges in the circuit. Although studies have shown a need for more than 7 additional judges in the Ninth Circuit over the past few years, no new judges have been added by the legislature for the past 10 years.

Unfortunately, Florida is learning what low taxes and tightening budgets means for the basic functions of government. As the Legislature continues its war against the Judiciary, the citizens of Florida suffer. By lowering funding from the budget for courts, the legislature has made the courts focus on revenues generated by filing fees, fees for services, fines and penalties. These fees transfer the costs of the court system to litigants and offenders but reduce the overall effectiveness of courts for the average citizen who may feel excluded from access to the justice system overall due to the high cost of litigation.

While big businesses and corporations routinely ad costs of litigation to their budgets and pass these on to consumers, citizens as individuals can rarely plan such expenditures. Corporations employ in-house counsel and hire law firms to advance their interests both in litigation and in lobbying the legislature for limits on liability and restrictions on lawsuits that could harm their bottom line. Again, John Q. Public does not normally enjoy these opportunities.

When your family faces a crisis, call on an attorney who knows how to solve problems rather than exacerbate the situation. We practice Collaborative Divorce, Elder Law, Family Law and Guardianship as well as representing families in Educational problems.

Visit our website at www.aubreylaw.com and let us know how we can assist your family.

Wednesday, September 20, 2017

Collaborative Divorce for Unconventional Circumstances

Every marriage is unique. Logically, this means that every divorce is unique, even though they generally involve the same issues to settle, such as how the couple’s property is divided and how the couple with handle co-parenting after the divorce. There is no one-size-fits-all divorce method, and when couples try to force their divorces to fit specific molds, they often come away feeling frustrated and unsatisfied with their divorce settlement terms.

Collaborative divorce puts couples in the drivers’ seats of their divorces, rather than leaving the rulings that they will have to live with up to the court. Collaborative divorce is an especially attractive option for couples with unconventional circumstances and needs, such as business owners and those willing to try modern co-parenting arrangements like birdnesting.

You Know What is Best for your Children. Develop the Ideal Co-Parenting Plan for Them
There are many different ways to handle co-parenting after a divorce. When the court makes a co-parenting determination, it does so with the child’s best interest in mind. You might determine that your child’s best interests are served by a birdnesting agreement or another alternative timesharing arrangement. If you and your spouse agree to an unconventional parenting plan like incorporating boarding school or time with extended family, work together to include this in your collaborative divorce settlement.

Some Couples Live Together After their Divorces
For some couples, the idea of living with a former spouse is laughable. For others, it is necessary and even attractive. If you are considering remaining in the same household after your divorce, even if you are in different units of a multi-family property, it is important to take this into consideration when developing the terms of your divorce settlement. Remaining in close quarters after your divorce can make it easy to deviate from your property division settlement, so it is important that you are clear and in total agreement about this settlement before starting live as a cohabitating divorced couple.

Splitting Up or Reorganizing your Business is Easier when you are In Control
If you and your spouse owned a business together, valuing the business so it can be equitably divided between you is an important part of the divorce process. But what if you both want to continue operating the business? In a case like this, your interests will still have to be divided and you will continue the business operation as partners.
Even if you do not want to continue operating the business together, you will need to find a fair way to divide it. Whether one of you plans to continue operating it will determine how you divide it and its assets.

Work with an Experienced Winter Park Divorce Attorney
Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with an experienced Winter Park divorce attorney. During your consultation, you can discuss your specific divorce goals and needs with Mr. Ducker to determine an appropriate plan for ending your marriage. Never assume that your ideal divorce is unattainable – it, or something close to it, could be very doable through collaborative divorce.
Resources:
nypost.com/2016/04/28/is-birdnesting-the-stupidest-or-smartest-divorce-trend-yet/
thebalance.com/business-valuation-methods-2948478

Friday, September 15, 2017

Working Out the Terms of your Spousal Support Agreement in a Collaborative Divorce

Spousal support, also known as alimony, is an issue that arises in many Florida divorces. It is the money one partner pays to the other after their divorce, generally for a fixed period of time but sometimes, until the receiving spouse remarries or either partner dies. This money is intended to help the spouse who opted out of the full-time workforce to care for the couple’s home and children during the marriage to avoid financial hardship.

 In a collaborative divorce, the divorcing couple works together to make their own determinations about their divorce settlement, rather than having the court make them. Alimony is often an issue discussed during collaborative divorces alongside parenting time and the division of the couple’s marital assets.

In Florida, you Can Waive your Right to Seek Spousal Support

Florida law permits individuals to waive their right to seek alimony in the event of their divorces in prenuptial agreements. This is not the case in all states.

 Just like a collaborative divorce, a prenuptial agreement requires a couple to be flexible and willing to work together to make determinations that benefit them both, even in unpleasant situations like divorce.

 Waiving Spousal Support in Exchange for a Larger Share of Marital Assets

 When you divorce through collaboration, rather than litigation, you and your spouse work together to reach a divorce agreement that best fits your needs. In any divorce, dividing your marital assets is a component of the final settlement and often, it is the largest component of the settlement. Talk about potentially opting out of alimony in exchange for a more favorable share of your marital assets with your spouse, but also with your lawyer privately – there could be issues you do not initially recognize, like large tax burdens associated with certain marital assets or the long-term impact of choosing not to create an alimony order.

Collaborative Divorce is All About Keeping Control of your Divorce

Couples who choose collaborative divorce are often more satisfied with the results of their divorces than couples who divorce through litigation.

If you took on lower-paying jobs or opted out of the workforce completely during your marriage, alimony is a way to protect your financial future. Do not confuse the need to be amicable in a collaborative divorce with a need to agree with everything your spouse suggests. If you feel alimony is in your best interest, explain this and support your position with relevant facts during your collaborative divorce meetings. Your lawyer is your advocate, but you also need to advocate for yourself.

Work with an Experienced Winter Park Divorce Lawyer

When you are considering divorce, you have a lot on your mind. Before you begin the collaborative divorce process, discuss these issues with your divorce lawyer so you begin the process educated about Florida’s divorce laws and what you can expect given your case’s unique circumstances. Contact The Law Offices of Aubrey Harry Ducker, Jr., P.L.C. today to schedule your initial consultation with us.


 

Thursday, August 24, 2017

Is Collaborative Divorce Better than Mediation?

Collaborative divorce and mediation are two forms of alternative dispute resolution (ADR) that divorcing couples can use to complete the divorce process. One is not inherently “better” than the other, but one can be a better fit for your divorce. Which type of ADR is better for your divorce depends on your relationship with your spouse and the unique details of your marriage.

 Go into the divorce process with an open mind and do your research about your options. Work with your spouse to determine which divorce method is best for you – if you choose collaborative divorce, you will need to work cooperatively with him or her. You can determine if this is possible by seeing how well you can work together to determine the right divorce method for yourselves.

 How Mediation and Collaborative Divorce are Different

 Mediation and collaborative divorce both take place outside the courtroom. With both types of ADR, the divorcing couple maintains a high amount of control over their divorce.

 There are differences between the two, though. The primary difference between collaborative divorce and mediation is the absence of a mediator in a collaborative divorce. A mediator is a neutral third party who guides the divorcing couple toward their settlement, whereas with a collaborative divorce, the couple handles this process with their lawyers.

It Could be Better for your Divorce

 Whether collaborative divorce is better for your divorce than mediation depends largely on your ability to work cooperatively with your spouse. Although both divorce methods are less adversarial than a courtroom divorce, having a mediator present can lessen any lingering tension between a couple whereas in a collaborative divorce session, tension can leak into the couple’s interactions.

Whether collaborative divorce or mediation is better does not just depend on your personalities. Your level of knowledge about the divorce process can also determine whether you are better suited for one or the other. A mediator can explain each part of your settlement and how agreements are reached. He or she is a guide to divorce, whereas with a collaborative divorce, you and your spouse guide yourselves. Of course, you have a divorce lawyer no matter which type of divorce you choose, and your lawyer can answer any questions you have and provide you with the advice you need. But a mediator is an additional layer of professional advice and guidance, guidance that is meant to empower you and your spouse to make productive, fair choices about your divorce settlement.

 Work with an Experienced Winter Park Divorce Lawyer

 If you are considering a collaborative divorce, work with a divorce lawyer in Winter Park who has specific experience facilitating this type of divorce. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to set up your initial consultation with Mr. Ducker. During your consultation, you can discuss your specific divorce concerns with him and have all your questions answered so you can move forward with your divorce as an informed participant.

Tuesday, February 14, 2017

Four Tips for Using Social Media While your Divorce is Pending

We live in a world where our online interactions are as frequent and as meaningful as those we conduct face to face. Many of these interactions take place on social media platforms like Twitter and Facebook, which allow us to share our thoughts and images of our lives with hundreds, even thousands of followers.

 If your divorce is pending, you should take special care when using social media. Even a seemingly innocent comment can be taken out of context and used to make you appear to be a bad parent or a financially irresponsible individual. Below are four strategies to use to keep your social media behavior in check while you are working through the divorce process.

 If you Would Not Say it in Court, Do Not Post it on Social Media

 This is because once you make a comment on social media, you can never completely take it back. Even if you delete a comment, you cannot know that nobody took a screenshot before you removed it. Instead of putting yourself in this position, censor yourself on social media. Do not post anything that could be construed as a negative statement about your former partner or the divorce.

 The Unfriend, Unfollow, and Block Buttons are your Friends

Know who has access to the information you post on social media. Although you can never be sure that your information is not being shared beyond your inner circle, you can limit who has firsthand access to your posts by limiting your contact lists. If you are facing harassment on social media, do not hesitate to block the harasser and if the harassment is coming from your spouse or a close relative or friend to him or her, mention this to your lawyer.

Keep the Details of your Divorce Off your Social Media Channels

Do not only censor your feelings about your former partner and the divorce. Censor any discussion about the details of the divorce, such as the amount of spousal maintenance you are seeking, how your assets were divided, and your timesharing schedule.

Do Not Make your New Relationship “Facebook Official” Until your Divorce is Finalized

Ideally, you should refrain from dating until your divorce is finalized. But if you do begin a new relationship before your divorce is final, keep it off social media. Your former partner can use photos and posts you make to support claims that you are spending marital money on your new partner or that you are a careless parent because you would rather focus on your love life than your children. Moving in with a new partner can also compromise your ability to receive spousal maintenance, and photos from social media can be used to show or allege a cohabitating relationship.

Work with an Experienced Winter Park Divorce Lawyer

If your marriage has reached the point where you cannot save it, work with an experienced Winter Park divorce lawyer to end it. Contact The Law Offices of Aubrey Harry Ducker, Jr., PLLC today to schedule your initial consultation with Mr. Ducker.


Thursday, January 8, 2015

How Expensive Is a Divorce?

For some, VERY Expensive.
An Alimony check made out for $974,790,317.77 seems a little high. When you consider the man writing the check has a net worth of more than $8 Billion, well, lets just say they are still in court!

You can read about it here: http://www.forbes.com/sites/robertwood/2015/01/08/harold-hamms-975-million-uncashed-divorce-check-how-about-deducting-it/

You can even learn a little about taxes and Divorce Settlements here:
http://www.forbes.com/sites/robertwood/2014/11/11/harold-hamms-billion-dollar-divorce-and-the-irs/2/

In reality, a Divorce can be expensive or cheap, depending upon your desires. If you seek maximum conflict, then expensive it is. If you want years of legal wrangling, go with cheap.

My office strives for efficiently extricating clients from difficulties. We want to prevent problems next year by doing the hard work now. Many times, clients see their dreams realized by selecting Collaborative Divorce and making their own decisions.

Where there are High Assets, people may want to limit their exposure to the public and to continuing attorneys fees and court costs. Collaboration is the way to go.

Visit my website to learn more: www.aubreylaw.com
or simply pick up the phone and call 407-645-3297.
I look forward to hearing from you.


Monday, August 4, 2014

Forbes Wants You to Have a Dog

An electronic article in Forbes Magazine Online raised my concern: http://www.forbes.com/sites/jefflanders/2014/04/17/how-are-pets-handled-in-divorce/

Thankfully, Forbes is encouraging its readers to think long-term and consider the business of divorce rather than the emotional fighting that sometimes occurs. Of course, the article details the numerous courts and litigants who want the Judge to decide who gets fluffy and who gets visitation with Fido.

Too many decisions are left to the Judge when there are ways for people to make their own decisions, with help of counsel of course! Collaborative Divorce or Conscious Uncoupling is a Great Place to Start. Visit http://www.collaborativepractice.com/ to learn how this might be right for your family.

There are even websites tailored to Men and Women considering divorce such as: www.Divorceformen.us and www.dadsdivorce.com or http://www.womansdivorce.com/ and http://divorcesupport.about.com/od/divorceadvicepolls/a/adviceforwomen.htm

My favorite magazine, The WEEK ran an article for Men getting a divorce titled: 8 financial tips for men getting a divorce.  http://theweek.com/article/index/250324/8-financial-tips-for-men-getting-a-divorce

Suggestions include: Don't be afraid to pay Alimony. Don't be Afraid to Ask for Alimony! If you haven't read The WEEK, this article is a great example of why you should be reading The WEEK every week.

Some websites target women by featuring books that imply divorce should be a hard fought battle. One book, Divorce: Think Financially, Not Emotionally® – What Women Need to Know About Securing Their Financial Future Before, During and After Divorce, by Jeff Landers, even promises you will learn how to:
  • Avoid the top mistakes divorcing women make
  • Shore up your financial position so you enter the divorce process prepared
  • Choose between regular alimony or an up-front, lump-sum alimony payment
  • Decide whether to keep your marital house – and how to do so if it makes sense, financially
  • Protect your business, intellectual property and personal assets
  • Divide your assets in a way most favorable to you, from a tax and financial point of view
  • Disinherit your husband
  • Determine whether your husband is hiding assets
  • Build a qualified divorce team

  • You can even download and preview a chapter at http://thinkfinancially.com/book/!

    By using language like "Devastating Mistakes" and "Where Husbands typically hide assets" this guy just wants to scare you into buying his book.

    There is a better way!!!

    Men and Women benefit from Collaborative Divorce. More importantly Children and Families benefit from "Conscious Uncoupling" as Collaborative Divorce is now being described.

    Tuesday, March 25, 2014

    Excerpts from My Book

     Inside the Minds: Strategies for Family Law in Florida
    Published by Aspatore Books, a Thomson Reuters business
     
    Managing Family Law/Elder Care Law Nexus Cases Using Collaborative Law Strategies

    . . . Guardianship in Florida is filed in the probate court. My first guardianship case involved a fifty-year-old deaf mute who had received a large settlement from a lawsuit, but because of his disabilities, the court did not want him to have access to that settlement. Therefore, a guardianship of the person was required and a trustee was appointed to manage his assets. (Funny how the Courts will sometimes set up problems for the people they are really trying to assist.)
     
    I have also worked on cases involving long-term marriages—marriages of more than fifty years—where the parents were beginning to decline in health and their children were starting to apply for guardianships or having difficult conversations with their parents regarding what would happen to them in the future; i.e., where they would live, and/or if they would have to go into a nursing home. Many such “end of life” questions come up in the practice of elder law—i.e., how and where I am going to live out my life, and who is going to make decisions for me when I an incapacitated? In some cases, one or both of the parties are becoming incompetent due to dementia, Alzheimer’s, or other frailties of age affecting the decision making process and one spouse’s ability to care for the other spouse.

    For example, I once had a case involving a couple who had been married for about sixty-two years. The wife wanted a divorce because she was concerned that her husband was trying to kill her. In all of her interactions with me she appeared to be perfectly competent, but during the divorce proceedings it became clear that she had some defects of the memory. The parties had been separated for two years and were living apart; they had homes in different areas of the state and in different states. They had three children; two were aligned with their mother and wanted her to receive all of the couple’s assets, and one child was aligned with the father. In my opinion, instead of talking to their parents about filing for divorce, the children should have been talking to me about filing a guardianship for both parents, because both parents had serious memory defects. Ultimately, the parents got divorced; and the children became engaged in what I refer to it as a pre-death probate process, because the children were basically dividing up their parents’ assets and aligning themselves with the parent who they were expecting to receive an asset from in future years.

    As it turned out, some of the assets that the parents claimed to own were, in fact, non-existent, even though we had done due diligence in that area. For example, both spouses had certificates of deposit and bank statements that showed that they had a certain amount of money in the bank; we later learned that the parents had subsequently taken that money out of the bank and used it for their daily living expenses. Consequently, instead of having $200,000 in the bank, the couple only had $20,000. Indeed, between the time of the signing of a marital settlement agreement that had been negotiated with everyone’s full disclosure and knowledge and the time we appeared in court for a final judgment, it became apparent that both spouses had delusional notions regarding the extent of their assets. Therefore, the couple was probably not competent with respect to making decisions concerning a divorce; and we should have been pursuing guardianship issues instead.

    In a similar case, I dealt with a couple who had been married for fifty-six years, and the wife had full-blown Alzheimer’s dementia. She did not know on a day-to-day basis where she was or who she was with; she did recognize her husband and her children, but only to a minimal extent. It was clear that she was fully incompetent. Her husband had been taking care of her for several years; and unfortunately, he had made some statements to his adult children, who were in their fifties, complaining about the care that his wife required. The children had interpreted the husband’s concerns and complaints as a reluctance to care for his wife; and one day, they simply took their mother out of her home, claiming that they were taking her to the beautician to get her hair done, and she was never returned to the home. Although the children were seemingly trying to protect their mother from neglect by her husband, they wound up destroying both parents’ lives. The husband died just nine months later, having never seen his wife again because of the actions of his children.

    I believe that we are likely to see more guardianship cases in the elder law area in the future, largely because as our life expectancy increases we will see more couples who have been married for fifty, sixty, or even seventy years. Many of those couples have adult children who have been married for twenty to forty years; and those children are becoming the caregivers of their parents in much greater numbers than in previous years. Ultimately, as adult children become caregivers conflicts will arise over the definition of appropriate care. Indeed, we are seeing a growing number of conflicts over where elderly parents should live and who should be providing their care. Unfortunately, I am also seeing more cases involving parents who are outliving their retirement savings. When they retired twenty or thirty years ago they had significant assets, but now that they have become dependent on nursing home care their assets are gone and their children are applying for them to be enrolled in Medicaid.

    All too often, the children of elderly parents receive bad advice that leads to very confusing family law issues, especially when you have one party to a marriage who may be suffering from dementia or Alzheimer’s and may be incompetent, and their children want to control the care of their parent but they do not really know how to go about doing that. For instance, in the case I referred to where the adult children took their mother away from the home where she had been living with her husband of fifty-six years, those adult children started cleaning out bank accounts so that they would have sufficient assets to take care of their mother. The husband then went to an attorney who advised him to file for divorce so that the court would freeze the couple’s assets, thereby ensuring that that husband would be able to protect his half of the assets. However, that was not an effective strategy—in fact, the children used the divorce filing as evidence that their father no longer wanted to have anything to do with his wife. In this case, the husband’s original attorney wound up making his client’s problem far worse than it was to begin with. When the husband consulted me we immediately withdrew the divorce petition and filed a guardianship petition instead. Unfortunately, the children had already used the divorce petition which was filed in Florida as evidence in their case for a conservatorship in California, where they had taken their mother by plane, even though she did not know where she was going; and she never returned to Florida until after her husband’s death.

    My Name: Aubrey Harry Ducker Jr.            
    My Firm Name: The Law Offices of Aubrey Ducker, PLC
    My Title: Managing Member
    My Phone #: 407-645-3297
    My Email: Aubreylaw@gmail.com
    My Website: www.aubreylaw.com
    Business Address:  2020 Mizell Avenue, Winter Park, FL 32792

    Aubrey Harry Ducker, Jr., is a member of the Orange County Bar Association and the Florida Bar  and the American Bar Association. He has received a AV Preeminent Peer Review Rating from Martindale-Hubbell.  Mr. Ducker serves by court appointment as a Guardian Ad Litem, advocating for children in contested custody and abuse or neglect cases. After serving six years in the U.S. Navy onboard the USS George Bancroft, SSBN-643, Mr. Ducker attended the Valencia Community College, the University of Central Florida and the University of Florida Levin College of Law in Gainesville.  

    Mr. Ducker’s practice focuses on Collaborative Divorce, Elder Law, Family Law and Guardianships. He also shares Mortgage Mediation Education Inc. as a co-owner and lecturer on Ethics. Mr. Ducker is previously published under the Aspatore Label with Inside the Minds, Strategies for Family Law in Florida. He also serves on the board of Director of several non-profits and Chairs the Board of Christian Ethics Today.

    Mr. Ducker previously served as Attorney for the City of Eagle Lake, Florida

     

    Thursday, February 6, 2014

    A Divorce Lawyer's Advice on Marriage

    How long have you been married? 25 years. I used to answer that question, "13 years, but it feels like forever." I was not meaning an insult, simply stating that I felt like I had always been with my wife. Strange then that I ended up ending marriages for profit. I don't actually end the marriage, I just do the paperwork, and get the court's approval.

    The New York Times (www.nytimes.com) had two articles leading up to Valentines' Month that really hit on the issues of marriage, especially Long Term Marriage.

    The first, Does Equal Marriage Mean Less Sex, compares the division of chores and the division of income to find a prosperous balance of work while maintaining sexual stereotypes of work division. http://www.nytimes.com/2014/02/09/magazine/does-a-more-equal-marriage-mean-less-sex.html
    Both funny and illustrative, the article comes up with the following proper division for pure marital bliss:   The risk of divorce is lowest when the husband does 40 percent of the housework and the wife earns 40 percent of the income.
    Wish I had known that before I got engaged! My wife was an attorney when we met, and I was a Sailor. Not the romantic type on a yacht or sailing ship, the enlisted type, E-3. The difference in our incomes was quite staggering. Thankfully, after putting me through college and law school, my wife continues to practice, and our incomes greatly changed. I don't know how to divide housework, but I like doing most of the cooking. I prefer to do the 'man jobs' as well, but she routinely takes out the trash or takes the rolling carts to the street.

    Daniel Jones, editor of Modern Love writes another article, Good Enough? That's Great! listing several types of people and problems with long term marriages, some of which might lead to awards of alimony, unequal equitable distribution and many other problems during a litigated divorce. http://www.nytimes.com/2014/02/02/fashion/good-enough-thats-great.html
    "Those Who Sneak," as Jones calls them, are the primary pool of potential clients of most attorneys. We all know someone who is just one phone call, text or picture away from a nasty divorce fight. Of course they are the 'quiet victim' in their own mind. The philanderers, cheaters, letches and creeps follow stereotypes that prove the rule. When I hear women say, "all men are dogs" or "he just can't keep it in his pants" I am seldom sympathetic.
    Then there are the people Jones refers to as the Quashers.
    Quashers suppress their feelings of slights in order to keep their little world safe. Don't upset him. Don't make her angry. Just get over the feelings of anger, hurt, humiliation and fear. It won't happen again, until it does, and once again, they will quash their own feelings, desires, emotions to keep the family safe.

    Finally there are the Restorers. Jones writes, "When a restorer couple’s marriage starts to feel subpar, they sit down and have a sensible discussion about where their marriage is and where they would like it to be. Then they set goals and seek the means to achieve those goals. Typically affluent, educated and highly motivated, restorer couples almost single-handedly support the vast and profitable marriage-improvement industry." These are the people who choose Collaborative Marriage and Collaborative Divorce when necessary.

    In a Collaborative Divorce, the husband and wife communicate their goals to a team of professionals who assist in keeping the mutual goals as paramount as the marriage comes to an end. The Wife and Husband make all decisions, Not the Judge. Not the Attorneys. The Parties to the Marriage maintain control of their marriage and control of their divorce. Adults know sometimes bad things happen to good people. Adults know bad incidence do not define life. Adults know that hard choices require full disclosure of risks and benefits. Collaborative Attorneys know Moms and Dads make decisions in their children and families' best interests when given the opportunity and assistance.

    Call me at 407-645-3297 or visit my website at www.aubreylaw.com
    I look forward to helping your family in its time of crisis.

    Wednesday, February 5, 2014

    On Marriage and Divorce, Collaborative Style

    We can't all have a marriage like Jay Z and Beyoncé. http://www.nytimes.com/2014/02/04/arts/music/beyonce-and-jay-zs-sultry-dance-makes-a-case-for-marriage.html  But can we all have the benefits? Married partners who truly express their love, can be affirming for others. Couples who share their "dirty laundry" can make the rest of us uncomfortable. Are you happy in your marriage? There are certainly benefits, but some may be overstated.

    Recently an article in the New York Times caught my eye: http://www.nytimes.com/2014/02/09/magazine/can-marriage-cure-poverty.html?hpw&rref=magazine
    Titled, Can Marriage Cure Poverty, the article explores the idea that married couples are somehow boosted from the poorhouse through collective gain. While it is an easy assumption that two parties can live more efficiently than one, I think this article places too much emphasis on raw statistical analysis and too little on evidence of life realities in the 21st century.
    Actually the opinion piece is critical of Florida Senator Marco Rubio for his statements on the subject. At a speech by Rubio last month he stated: In 1964, “93 percent of children born in the United States were born to married parents. By 2010 that number had plummeted to 60 percent.”
    Rubio was really criticizing President Johnson and the War on Poverty, Johnson’s governmental campaign to boost the opportunity and incomes of the poor, begun in 1964. So on the 50th anniversary of the War on Poverty,  Rubio calls marriage “the greatest tool to lift children and families from poverty.” How nice. If only the other 7% of children had had married parents, there would have been no poverty to declare war upon.
    Very Naïve Senator.

    Another article details the other end of the spectrum: Divorce among the 1%.  http://www.nytimes.com/2014/02/02/business/breakup-at-740-park-avenue.html?_r=0
    As Julie Creswell writes, "This is a story of marriage and money in the 16-room, five-and-a-half-bath duplex world of luxury Manhattan real estate." What might be referred to as a High Asset Divorce.
    The story goes on to detail the catastrophe of the Great Recession as it inspires the rich to seek divorce. Unfortunately, as unhappy marriages sometimes go, there was an allegation of a drunken assault, resulting police intervention. From there the story is all too familiar. Any equitable distribution must consider allegations of a post-nuptial agreement, claims of ownership of jewelry, insurance proceeds taken by fraud, ashtrays valuations, and all manner of argument. Collaborative Law might have helped out this situation. I wonder if Senator Rubio warned them of the poverty headed their way? Perhaps he should have because bankruptcy filings are mentioned throughout the story.

    Parents must make real choices for their children. Preservation of assets may seem as though one party simply wants all the pie while leaving the cleanup to others. Actually, children of divorce have higher incidence of teen pregnancy, school disciplinary problems, and criminal activity when compared to their friends of happily married parents.

    In a collaborative practice, we seek to allow parents to make the decisions normally left to the judge. We allow parents to find the best result for their family even if it is not exactly like the law may imply. What is best for your family? If divorce is being discussed, Collaborative Law should be considered.

    If you have questions, call me 407-645-3297 or visit my website at www.aubreylaw.com
              I look forward to hearing from you!

    Monday, January 6, 2014

    This came in my email today:

    Hello!  My name is Jan Killilea
     
    Please LIKE our Facebook page:
     
    First Wives Advocacy Group
     

    Here is what you can do TODAY:
     
    1. LIKE our Facebook page: First Wives Advocacy Group, which is run by women just like me. We VALUE your privacy just as we value our own. We will NEVER disclose your name without your permission. You don't have to be a first wife, divorced or even a woman to lend your support; you just have to care that WOMEN are treated FAIRLY by our State Legislature.
     
    2. FORWARD this email to your friends and family and ask them to JOIN you in supporting our fight to have women's contributions VALUED.
     
    3. And stay tuned!
    From Corporate LIFE to Corporate WIFE
     
    I live in Florida, am 54 years old and went from corporate life to corporate wife 30 years ago. When I met my ex-husband, we both earned about the same salary.  He was an insurance adjuster and I was an account executive in San Francisco, CA.  We fell in love, got married in Reno, Nevada for $25 and moved to Massachusetts to raise a family.  TOGETHER we decided to become a one-career family and that my corporate, paying career would end.
     
    We wanted to raise our children in a traditional marriage just as our parents had done.  This took sacrifice and hard work as a team!  His career started to take off and I gave birth to our first child in 1984, our second in 1986 and our last in 1988.  While he traveled extensively, I stayed home to manage our young and growing family. My ex-husband's growing career led us to nine corporate relocations, with our final move to Florida in 2005.
     
    During our relocation to Florida in 2005 my ex-husband had an extra-marital affair with our real estate agent. After attempting to save my marriage for over a year, I finally filed for divorce. My ex-husband married this woman (who was 12 years younger than me) two weeks after our divorce was final. They divorced 23 months later.  We would have celebrated our 31st wedding anniversary in January, 2014.
     
    I am now 54 years old, struggling to find a job and my ex owes me over $100,000.00. He dissipated marital assets during our divorce and still owes me a net balancing payment from our retirement account which he spent on his new home in San Juan Capistrano, CA.  He recently bought a ski house in Carson City, NV for $140,000.00 CASH. In the meantime, "Florida Alimony Reform" repeatedly slanders me, cyber stalks and bullies me and invades my personal life. THIS MUST STOP.  
     
    Thanks to Gov. Rick Scott's May 1, 2013 VETO, Florida's alimony and child custody laws remain intact. But this won't stop men like my ex-husband and the men and new girlfriends and new wives behind "Florida Alimony Reform" from trying to influence legislators to support punitive, one-sided legislation. Although I TESTIFIED before the Florida Legislature in February 2013, it wasn't enough. WE NEED YOU!
     

     
    We will FIGHT for women (97% of ALL alimony recipients are women) and for families to retain the right to have a stay-at-home parent. We will FIGHT the 50-50 child custody presumption. And we will FIGHT the end of alimony at payor's retirement. WHY? Because WOMEN deserve RESPECT and our contributions to families and society must be VALUED.
     
     
    Will you please STAND WITH JAN for justice and enforcement for ALL WOMEN?

    Friday, January 3, 2014

    Boys will be Boys is Demeaning to Men

    http://www.buzzfeed.com/inesalmeida/top-21-viral-memes-about-boys-a-must-read-for-any-hixz

    When we teach our children outdated gender roles of Masculine and Feminine stereotypes in the home and at work, we are teaching them that people are Different. But what are we really teaching them?

    When we say, "Boys will be boys" are we excusing inappropriate behavior and setting up problems in adulthood?

    Numerous stories could be written about the entitled masses taking advantage of those less fortunate.
    I'd like to take this time to use a different tactic. Boys don't have to be boys and many can choose to be men of honor.

    Thankfully, I have a friend in Dave Harding. He is the captain of the Duke Football team and one of the Good Works Nominees honored at the Sugar Bowl last night. http://www.goduke.com/ViewArticle.dbml?ATCLID=209356771

    Another nominee is Tusculum College quarterback, Bo Cordell. http://www.tusculumpioneers.com/article.asp?articleID=4390

    Both of these student athletes exemplify Boys being Men, taking responsibility for the world around them and working harder than they must to promote those less fortunate.

    When you need help this year, call me. 407-645-3297 or visit my website at www.aubreylaw.com

    Wednesday, November 20, 2013

    Why Does Divorce have to be So Complex?

    Divorce, according to Wikipedia is the termination of a marital union, the canceling of the legal duties and responsibilities of marriage and the dissolving of the bonds of matrimony between a married couple. http://en.wikipedia.org/wiki/Divorce

    Simply put, Divorce ends a marriage. Why is that so Difficult?

    Almost every week the New York Times contains an article about divorce, whether involving the children of divorce in a Broadway play, the Collaborative process, a documentary film about divorce in foreign lands, responses to the legislature's plans for "no-fault" divorce, http://www.nytimes.com/2010/06/17/opinion/17coontz.html?pagewanted=all or salacious articles regarding specific persons and their problems with divorce, such as the media mogul Rupert Murdoch: http://www.nytimes.com/2013/06/14/business/media/rupert-murdoch-files-for-divorce-after-14-years-of-marriage.html
    At least for Murdoch, the end may be near:
    http://www.nytimes.com/2013/11/20/business/media/murdoch-divorce-said-to-be-almost-final.html?_r=0

    If you pay attention to the news media, you might think divorce is either all too common or incredibly complex. Specific articles regarding divorce after 50,  http://www.nytimes.com/2013/09/22/fashion/weddings/divorce-after-50-grows-more-common.html

    You may observe that the "children of divorce" suffer years of trauma to their psyche. Even the participants in the divorce process may look to coaches or therapy sessions to help their adjustment to single life. http://www.nytimes.com/2012/12/16/fashion/a-program-that-aims-to-lead-to-post-divorce-peace.html

    Every major religion has teachings on Divorce, whether it be the requirement of a "get" for Jewish women to be divorced, Islamic requirements for an Imam's approval of the divorce. Even Scientologists have interesting issues:   http://www.nytimes.com/2012/07/08/fashion/for-scientologists-divorce-is-no-simple-matter.html

    An article last year detailed the Divorce Hotel where, in a weekend, couples could complete all the paperwork to finalize their divorce. The cost ranged between $3,500 and $10,000 depending on many factors. Unfortunately the Divorce Hotel is in the Netherlands! http://www.nytimes.com/2012/05/27/business/the-divorce-hotel-a-true-weekend-getaway.html

    Do you know why many lawyers support Same-sex marriage? Same-Sex DIVORCE!
    We see in Mississippi the real national problem related to Same-sex marriage - no not those parochial concerns of religion - How do you get a divorce if you were married in Massachusetts and move to Texas? How do you get a divorce when the State of Texas doesn't even recognize the marriage? http://www.nytimes.com/2013/09/28/us/mississippi-quest-for-a-same-sex-divorce.html

    If you have questions regarding Alimony, Child Support, Equitable Distribution, Retirement Plans, Marital Property, call me 407-645-3297 or visit my website: www.aubreylaw.com
    I look forward to helping you!

    Thursday, November 14, 2013

    Social Security and Divorce? You have Questions, We have Answers!

    UCF, my Alma Mater, does a Great Job in its Planned Giving Department. I wish I had time to write blog posts like this one: http://ucfgiving.org/?pageID=31&docID=508
    You may have to review the article titled "How Divorce Can Affect Your Social Security" but it is well worth the read!
    Covered are notes on how to get your Ex-spouse's Social Security to benefit you! We cover this in most divorces, but what you do not know can hurt your long term financial wellbeing.
    When you have questions regarding Alimony, Social Security, Equitable Distribution in your complex divorce, call me. Or visit my website www.aubreylaw.com
    I look forward to helping you.

    Thursday, August 29, 2013

    I love the New York Times

    Recently on a trip to New York City, I had the opportunity to see a baseball game. The Yankees were NOT in town as is so often the case when I am in NYC, so as I always do, I went to a METS game. The Mets colors match my Florida Gators and they had a promotion going on where you could get a free Jersey for subscribing to the New York Times. The Jersey was Black, with orange and blue trim. My Winter Park High School Wildcats team colors are Black and Orange, the same as my son's school, Tusculum College. Win the Trifecta of Spectator Apparel!

    The cost of subscribing to the New York Times was only $17 per month, less than 1/4 of the price of the jersey in the store. Win again!

    Now, I get the Sunday NY Times each weekend. I get the daily electronic version http://www.nytimes.com/ of the paper on my computer each day. Win Again!

    Best of all, I really Love the New York Times. The articles are well written, informative and in depth. For example, in my Elder Law practice, I often deal with grandparents who have lost touch with their children and grandchildren. An opinion piece today, related one person's experience with similar situations. http://opinionator.blogs.nytimes.com/2013/08/28/forgetting-grandma/ Elders can always find additional assistance with the National Academy of Elder Law Attorneys, NAELA, and in Florida, Florida Academy of Elder Law Attorneys.
    Some stories appear just entertaining but as you read them you notice so much more and learn more than you ever planned to consider. http://www.nytimes.com/2013/04/28/fashion/weddings/divorce-whisperer-mediating-with-parents-isnt-easy-field-notes.html

    A story just two weeks ago really set me thinking about my Family Law practice. http://www.nytimes.com/2013/08/10/your-money/from-a-divorce-in-the-affluent-class-lessons-for-all.html?pagewanted=all In high asset divorces, the emotional impact may be the same as others, but the financial wrangling can overwhelm parties who are accustomed to little worry over daily finances. I have worked to promote Collaborative Divorce in my area of practice and today saw the benefit first hand as my client walked into court, answered a question from the judge and walked out with her divorce 20 minutes later. Yes, we had filed the case 60 days ago. Yes, there were other meetings between the parties and their attorneys. Yes, there were many complex papers to complete; however, for the clients, we removed most of the stress of being in court and having others decide what would become of their lives. The Clients were the only ones making decisions about their family. The Lawyers, the Judge, the System did NOT decide who got what or paid how much to whom.

    Even a simple search on the New York Times finds support for the Collaborative Process. http://query.nytimes.com/search/sitesearch/#/Collaborative+divorce/ More than 30 articles appear, and the list keeps growing, showing the financial, psychological and Family benefits of Collaborative Divorce. Every now and then, I am truly proud of what we do in helping families improve their lives.

    I love spending just a few minutes reading the paper each day. Now I have to be careful not to get caught up in following one great article after another in the NY Times. If I can be of assistance to you or your family, please call me at 407-645-3297 or visit my website at www.aubreylaw.com

    Friday, August 23, 2013

    Parental Alienation Syndrome -Seminar Sunday- Real Enough for Canada

    Every week or so I get an email from the Parental Alienation Awareness Organization, PAAO, with resources for families experiencing Alienation by one parent. Sometimes the information includes very helpful links to outlines ( http://www.paawareness.org/video/BrianLudmer-Short%20.pdf, )seminars (https://www3.gotomeeting.com/register/484691638) , etc.

    Sunday August 25, PAAO is hosting an online webinar regarding Parental Alienation entitled: Organize Your Own Court Case.
    The Seminar link is https://www3.gotomeeting.com/register/484691638.

    I recommend NOT attempting your own litigation in a complex divorce case involving Parental Alienation. The risks are just too high.
    Child Custody, or Timesharing as we refer to it in Florida is a critical component of your child's development.
    Timesharing also impacts Child Support. It never fails in a Modification Case seeking additional timesharing that the party against whom the pleadings are filed believes the
    Many people don't consider the implications on Child Support when they work out their Parenting Plan.
    If you have Questions, Call Me! 407-645-3297 or visit my website at www.aubreylaw.com

    Thursday, August 22, 2013

    Adultery, Blasphemy, Christians and Divorce

    A, B, C, D, E, F, G . . . elemenope . . . If only Life were as simple!

    A client came to my office recently and told me that her "Christian" mother had called her an Adulterer and kicked her out of the house. We filed her divorce several weeks ago and she was living with her mother following domestic violence in her marital home. Unfortunately, her mother feels she should simply endure the violence because "what God hath brought together, let no man put asunder," to quote the traditional wedding vows blessing.

    Blasphemy is defined as either an untruth or taking god's name in vane. I consider using "Christian" language in decidedly unchristian manner as a form of Blasphemy. Obviously her mother was referring to Matthew 5:31, 32 (It was said, 'Whoever sends his wife away, let him give her a certificate of divorce'; but I say to you that everyone who divorces his wife, except for the reason of unchastity, makes her commit adultery; and whoever marries a divorced woman commits adultery.)When someone says, "I want a Christian Attorney." I usually reply, "No you do not." or "I don't think you do." If you wanted a Christian Attorney, you would settle with your adversary far from the courthouse as Jesus himself instructed in other verses in Matthew. "If anyone wants to sue you and take your tunic, let him have your cloak as well. Whoever forces you to go one mile, go with him two." You can do your own research at https://www.bible.com/bible/100/mat.5.nasb

    Christians sometimes tend to view Jesus' words as being important. They are, but must be placed in context of the Roman Empire and the Province of Judea where Jesus lived and taught. Roman law allowed a man to put away his wife by divorce for any reason. Women had no such right to seek a divorce as they were mere chattel to be bought or sold by their fathers. Men could divorce their wives, but women could not, even for domestic violence, adultery, neglect, abandonment, etc. Since Women were tied to their father, husband, or son, they were destitute without such patriarchal support.

    Divorce has been around for more than 3,000 years, but a Woman's Right to sue for divorce is quite new. Today in Florida, the only reason needed for a marriage is "the Marriage is Irretrievably Broken." When a spouse physically abuses and violates his or her "true love" how can the marriage survive?

    Every now and then I see a story in the news that makes me want to help. Some friends have put together a seminar on Domestic Violence. Associated Baptist Press reporter Bob Allen writes: American Baptist Women’s Ministries will lead an online “virtual mission encounter” on the topic of domestic violence Sept. 23-27.
    “Garlands instead of Ashes: Domestic Violence” is the third of four learning opportunities in 2013 allowing women to meet online and share their passion for mission without the expense of travel and having to take time off work. http://www.abpnews.com/culture/social-issues/item/8786-domestic-violence-focus-of-virtual-tour#.UhYEYTbD-M8
    No person should be forced to live with an abuser, and especially not for "Christian reasons."
     
    If Domestic Violence is a part of your life and you want it to stop, call me at 407-645-3297. I may be able to help, even if I don't like the phrase "Christian Attorney." You can also visit my website at www.aubreylaw.com for more information and links regarding Divorce, Child Support, Alimony, Equitable Distribution, and many other topics. I am an Attorney, licensed in Florida, practicing in the areas of Collaborative Divorce, Elder Law, Family Law, and Guardianships. I have helped numerous husbands and wives seek a fresh start.

    Tuesday, April 2, 2013

    Senate Bill 718 and House Bill 231

    TURNING BACK THE CLOCK on 30 years of progress in Family Law
    An Update and Plea to Help Stop this Travesty

    Recently the Florida House passed HB 231 mandating changes to divorce law that will make marriage much more palatable and divorce much easier. You see, if this becomes law, no man will fear alimony or child support. Changes proposed will END permanent alimony (never mind that permanent alimony is almost universally not permanent today). Changes will also guarantee child support will be minimal and discretionary. If the primary breadwinner doesn't want to pay support, they are guaranteed 50/50 timeshare, and can easily ask for more to "allow the other spouse maximum time to work" thereby lowering child support to next to nothing. Forget deadbeats, no order will issue requiring support while fighting it out.

    OK, those are worst case scenarios, but anything is possible when this legislature is in session!

    Here are some of the proposed changes:
    - application of these new rules retroactively to alimony awards entered (within the past 15 years by agreement) regardless of whether the support was based upon the agreement of the parties or court ordered after trial;

    - litigation of alimony changes carries a risk of attorneys fees, just for contesting the changes in court;

    - The new law would REQUIRE the proof of increased income AND for TWO YEARS of increased income to be deemed permanent. Quite a hurdle for the person receiving alimony. There is no such requirement should the obligor seek to obtain downward modification. Oh, my pay went down, so I don't have to prove it or show the decreased income lasted 2 years.

    - Possibly the Worst idea: The new law includes a presumption for 50/50 timesharing except in very limited circumstances (prove a danger to the child's health, safety and welfare)(this applies in ALL cases not just divorcing parents)

    Another bad idea: if the obligor is unemployed at the time of the dissolution the spouse has to wait a full two years after they become employed before asking for spousal support to be modified. So, lose your job just prior to divorce and 2 years without alimony will certainly punish your former spouse for wanting a divorce!

    If this passes out of the Senate tomorrow afternoon, and it looks probable, it will be on the House floor next week and then off to the Governor shortly thereafter. The Family Law Section is doing what it can to defeat these bills, having committed to a grassroots and media campaign to get the word out, but those efforts are going to run short without your help. I am therefore asking that if you have not done so in anticipation of this bill being voted upon by the full Senate tomorrow that you please contact your Senators and, after tomorrow, your Representatives (or all Senators and all Representatives) http://www.flsenate.gov/Senators/Find and http://www.myfloridahouse.gov/Sections/Representatives/representatives.aspx and urge them to oppose this legislation. Then, remember how they voted when they run for office next time.
     
    Call me at 407-645-3297 or visit my website at www.aubreylaw.com
    Aubrey

    Morning will come.

    Morning will come.
    No matter how dark the night!