Showing posts with label florida. Show all posts
Showing posts with label florida. Show all posts

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, 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.


Tuesday, January 6, 2015

Living Wills and the Right to Control Your Life

Living Wills became imperative in Florida after the entire country watched the Terri Shiavo ( http://en.wikipedia.org/wiki/Terri_Schiavo_case ) drama play out over many years as the Husband tried to allow his wife to die in peace, while her parents insisted on keeping her alive at all costs. Even the Florida Supreme Court and the U.S. Congress got involved in this family's fight.  The case even evolved into a college level course at Michigan State University: https://www.msu.edu/course/hm/546/schiavo_case.htm

When Terri finally died, CNN covered the story: http://www.cnn.com/2005/LAW/03/31/schiavo/

Almost 10 years later, the Connecticut Supreme Court is being asked to consider whether a 17-year old should be able to refuse Chemotherapy that has an 80% chance of saving her life. The oversimplification of questions in court is required by the media to tell a compelling story, but most people realize family healthcare decisions, and issues involving death, cancer, chemotherapy, and the Department of Children and Families are seldom as simple as the media tries to portray.

The Orlando Sentinel carried the story on Page A-3 (http://eedition.orlandosentinel.com/Olive/ODE/orlandosentinel2/

which originated with the Hartford Current and picked up by Raw Story here: http://www.rawstory.com/rs/2015/01/teen-girl-and-mother-fight-state-of-connecticut-over-right-to-refuse-life-saving-chemo/

Questions of how to end your life, or how to live your life are ever present.

I work in Collaborative Law because tough decisions require well reasoned approaches and detailed answers.

Collaborate.

For your family's sake.

Peace.

Thursday, April 3, 2014

A Non-Stressful Way for Florida Couples to Divorce

Going through a divorce in Orlando, Florida, can be a difficult stage of a person's life. Floridians considering divorce should realize that divorce could sometimes be the largest legal, emotional and financial issue they'll ever experience. Ending a marriage severs the legal marital relationship, divides marital assets and sets parenting duties for children.

However, ending a marriage in Florida could be made less difficult if a couple engages in one of several forms of alternative dispute resolution, which may help spouses divorce without the traditional stress and challenge of litigation. Many people are currently choosing a collaborative divorce process because of its different advantages. Divorce and collaborative law is a novel approach that removes the "fight and win" mindset from a divorce process. Collaborative law allows both parties to use negotiation and mediation to settle legal divorce issues.

Collaborative divorce is a popular option for couples because it prevents parties from saying or doing things just to win. Unlike litigation, the collaborative divorce process helps spouses end a marriage amicably, which can also benefit parents who want to settle child-related issues without affecting the child. Because collaborative divorce encourages parents to act as a parenting team when raising their child, divorcing with the collaborative law process can have less emotional impact on a child.
Different professionals in collaborative law may guide divorcing couples through the emotional, financial and legal aspects of divorce. These professionals will remain neutral but will provide the parties with a forum and suggestions to come to a mutual decision.

Compared to a traditional Orlando divorce where the Florida court will decide the divorce settlement, the decision making in collaborative law is done by the spouses and the final outcome solely depends on mutual agreement. More importantly, collaborative divorce may work for both parties who are willing to actively participate in the negotiation.
Source: KERA News, "Three Reasons People Choose Collaborative Divorce," Stephen Becker, March 20, 2014
 

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

 

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?

Monday, September 16, 2013

What is Domestic Violence? Definitions Change!

Wow, that is a Loaded Question!
Years ago movies routinely included scenes of a woman becoming distraught and "needing" a slap on the face to "snap out of it."

Thankfully, we live in a different society! Physical violence to enforce your will is NEVER acceptable. Even Vladimir Putin said in a recent New York Times (http://www.nytimes.com/) op-ed, "We must stop using the language of force and return to the path of civilized diplomatic and political settlement." http://www.nytimes.com/2013/09/12/opinion/putin-plea-for-caution-from-russia-on-syria.html?pagewanted=all&_r=0

Darrel Owens' article in today's Orlando Sentinel's detailed the 50 year marriage of Randy and Sharon Berridge. http://www.orlandosentinel.com/news/columnists/orl-darrylowens,0,3266830.columnist
The title, "Couple so Happy Together after 50 years" is sweet enough, but a disturbing first three paragraphs detail the time Randy pulled the distributer cap out of the car to prevent his wife fleeing the marital home. While the very next line indicates the couple laughed about it, such action today might be considered Domestic Violence!
What a change in 50 years.

Wikipedia (www.wikipedia.org) defines "Domestic Violence" as "a pattern of behavior" involving intimate or family relations taking many forms, "including physical aggression or assault (hitting, kicking, biting, shoving, restraining, slapping, throwing objects, battery), or threats thereof; sexual abuse; emotional abuse; controlling or domineering; intimidation; stalking; passive/covert abuse (e.g., neglect); and economic deprivation. . . Domestic violence and abuse is not limited to obvious physical violence. Domestic violence can also mean endangerment, criminal coercion, kidnapping, unlawful imprisonment, trespassing, harassment, and stalking.[5]"

The "Happy Couple" of yesterday fits the electronic world definition of Domestic Violence. Thankfully they were able to talk about their disagreements without resort to legal intervention.

Also thankfully, the limited story in the Sentinel might not meet the Florida Definition of Domestic Violence. The Florida Statutes define domestic Violence according to Section 741.28: Domestic Violence "means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member, and includes, in Section 741.402, a threat of these, regardless of whether they have been reported to law enforcement.  http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.28.html
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0741/Sections/0741.402.html

The Civilized Diplomatic and Political Settlement in areas of Family Law comes through Mediation and Collaboration. Collaborative Divorce removes threats by promoting reasoned analysis and solution.

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 in ways you have yet to consider.

Please 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, wives and families seek a fresh start.

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

Friday, April 26, 2013

High Asset Divorce and Collaboration

Greed, trust and divorce.
How much is enough?
If you built a home together with your spouse and later divorced, you might expect to sell the home and divide the proceeds. What if you bought an exisiting home, improved it, watched it grow as an asset, and then decided to part ways? Would you trust your spouse to accurately represent its value? Would you get an appraisal?

What if your spouse forced you out of the home and then claimed the home was worth less than you thought; then your spouse worked out a secret deal to sell the home while telling you it was appraised at a certain value, inducing you to sign a Marital Settlement Agreement.

You might think this is Fraud. You might think your attorney should have done more to check on the value of the marital home. You might ask the court to throw out the settlement agreement due to fraud.

If the "Home" was the Los Angeles Dodgers, and the value asserted to you was $300 Million, and you settled your divorce for $144 Million, you might be very upset to learn the Dodgers were sold two weeks later for $2 Billion Dollars. Two Billion Dollars make a much larger pile of cash than $144 Million.

http://gma.yahoo.com/jamie-mccourt-claims-foul-pitch-131m-divorce-002230290--abc-news-celebrities.html

The McCourts Divorce has been news for a while.  Do the words Greed, Trust, Divorce, Marital Asset, of Fraud seem different in light of the story above?  The comments following it consistently fault the Wife for being "greedy" or "not doing her homework" or "not being happy with what she agreed to and received." Forget that the law indicates the "property" should be divided EQUALLY. Most observers fault her for wanting a fair share. Some comments from women are the Most appalling: "Oh come on! Take the $131 million and be happy, you old witch. I'm 59, no longer pretty, and would love a payload of $131 million for any reason. Don't get greedy. Were you the driving force behind your ex's success? I think not."

In reality, the former Mrs. McCourt was intimately involved in the Dodgers operations up until "he 'fired' her, and 'from that point forward, he completely excluded her from every aspect of management...'
Clients in Collaborative Divorce proceedings have certain luxuries that litigated cases do not afford. One feature is communication. Communication breeds trust. Trust overcomes greed. Everyone walks away much healthier, happier and overall less combative.

In a Collaborative Divorce, we work together to help you make intelligent decisions affecting your family. Many clients find Collaborative Divorce encourages more honest communications and disclosures while minimizing the costs to your family. One of the best features of a Collaborative Divorce may be keeing your private information and affairs PRIVATE. Noone has to know until you decide what to tell them.

If you would like a private consultation regarding your rights under Florida Law, please call me at (407) 645-3297, or visit my website at www.aubreylaw.com
You can also send an email to aubrey@aubreylaw.com or aubreylaw@gmail.com
Don't allow yourself to be cheated. You have certain rights under the law, but you must insist they be enforced. A

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

Tuesday, September 20, 2011

I didn't mean to Scare you!

"Congratulations, you are officially Divorced!" I said to my client.
"Thank you, you are Awesome," she said. (Really, that is what she said!)
"I am so glad we were able to get this done so quickly," I replied.
"Well after you scared me that first day, I did not have any unrealistic expectations and we could just get it done."
I really did not mean to Scare my client. I have always prided myself on being direct and honest with clients so they know what to expect from the Divorce Process and from the court system. I really don't want to scare anyone. Sometimes, clients come in my door having talked to not only other lawyers, but to friends and family who "know what to expect" and know "all the tricks in the book." Unfortunately, what is heard from your friend about their divorce may be colored and biased by their experience. They may feel the need to project unusual success or even put upon martyrdom. All the stories may in fact NOT be completely true.
Common myths include:
"My divorce only cost $250."
"I didn't have to pay a penny in alimony/child support."
"My wife/husband got the kids, the house, and all my money."
"My husband/wife tried to get the kids just to force me to settle for less."
"I never get to see my kid's, their father/mother keeps them from me."
"My divorce cost us more than $100,000."
"Our attorneys were the only ones happy after our Final Judgment."
When your friends tell you these things, you really have to ask more questions and compare their life experience and marriage to your own before setting up your expectations.
Divorce filings cost $408.00 in all Florida courts. What your attorney charges is determined by many factors including time, experience, complexity, and most importantly, who is on the other side of the litigation.
Whether you have to pay Alimony or Child Support is entirely driven by the family situation inlcuding many different factors: length of marriage; number of children; earning ability of each party; lifestyle, and most importantly, what you are willing to accept or pay, just to name a few.
Negotiation over child custody, what we now refer to as "Timesharing," is remarkably direct. Who is best able to care for and keep the children? Who has done so consistently in the past? When one parent wants to "claim the children" as a negotiation ploy, it is imperative that the court be fully informed. A Guardian Ad Litem or GAL is essential to fully inform the court and make sure the children are represented both at the bargaining table of Mediation or in court. Parents who would use the children as pawns in a game, are not good parents, and GAL's are adept as seeing through people's behaviors to their motivations and goals.
If your divorce costs too much money, ask yourself who is causing the excess expenses? Even the most complex divorce can be handled in a reasonable amount of time and for a reasonable fee by seeking out attorneys who do not set up unreasonable expectations which must then be met or attempted. Collaborative Divorce is a great idea for those with very complex situations as it brings all decision makers to the table routinely, rather than filing, and waiting, and responding and waiting, and hearing, and waiting, etc.
If you have questions regarding Divorce, Child Support, Collaborative Divorce, Alimony, Spousal Support, Custody, Timesharing or any other Family Law matter, please visit my website at www.aubreylaw.com or call me at 407-645-5264. I will be happy to review your situation with you and most of all, I will try not to "scare" you! Aubrey

Wednesday, June 22, 2011

Thankfulness is Appreciated

I received a Thank you Note several years ago which said:

Each and every day . . . I am more and more astonished that I have found such a perfect place to work.

I've had to work at a few horrible jobs and tolerate a few terrible bosses throughout the years . . .

I've also had wonderful jobs and caring employers, but . . .

it is the rare thing to find a place where one feels respected, understood, trusted and appreciated.

It is even more unusual to find a place where I can be myself and still be accepted.

Truly extraordinary is to have all those things and more, and enjoy the work, as well.

I just wanted you to know that I am happier here than I have been at any job . . . ever.

I just wanted you to know . . .
that I know how fortunate I am and that I am grateful . . . for everything.

Obviously, this came from an employee. She was with me for more than three years and I always appreciated her hard work, although I probably never said "Thank you" enough.

I am trying to thank all my clients, especially those who so frequently call me to refer a friend. It is a dear compliment to have one client refer more clients. I am always thrilled when my mentors,other attorney friends and even judges refer business my way; this lets me know they think highly of my work and are willing to trust their friends and family to my care.

I am truly blessed with wonderful friends. Thank you.

If we haven't spoken in a while, call me at 407-645-3297, or visit my website at www.aubreylaw.com

Wednesday, April 27, 2011

Welcome Back

Recently someone said, "Aubrey Ducker, why haven't you updated your blog in a while?"

She continued, "I was looking forward to your answer to a Family Law Question! What happens when a child decides she wants to go live with her father? I have been taking care of her for the past 8 years, without any help! Now that she is 12, her father is encouraging her to stay at his house more and more. He gives her everything she wants and I'm the one who has to make her do homework, study for tests, clean her room, etc. . . "

You can see where that is going! If only children would remain under our control and direction! Unfortunately, they decide right or wrong that they want to decide what is "best for them" rather than listening to some old people who didn't even have facebook when they were young. Have you been through this? I have! With my own children and with many, many clients!

It is never fun to lose control!

Then there are the Elder Law questions: How can I make sure my children don't argue about who gets what? That question is so much better than the corallary promise, "My children won't argue about it. They would never go to court to challenge ___________________as the Personal Representative."

Funny how many times I hear that and how many times I see adult children wanting nothing more than to "tell it to the Judge" regarding the actions of their sibling as Power of Attorney or Personal Representative.

Talk about losing control.

You may have read in the papers, (do you actually read the Newspaper anymore?) the Florida Legislature is trying to balance the budget by cutting into court funding. Removing funding for the Guardian Ad Litem program and other "services" that to legislators seem "unnecessary" is no way to protect the bottom line in Florida. The services being cut may save a few dollars this year, but in the years to come, those savings will be offset by enormous costs associated with unmet needs in disfunctional families. The results may be increased incidence of domestic violence, child abuse, neglect or more violent crimes.

Please encourage your representatives to look to fair funding principles. When corporations like GE have NET profits in the range of $14.7 Billion, and pay less than 1 million in taxes, something in the tax structure is way out of whack. Cutting spending to make the budget work, while corporations pay next to nothing in taxes harms all citizens, especially the most vulnerable. Maybe I should write more often so I could break this up into several Blog posts. I'll try that next time.

Peace.

Tuesday, August 17, 2010

Divroce and Child Custody (Timesharing in the 2010 era)

When a couple divorces, their children often feel the pain.

Parents may be relieved, but the children can experience greater loss than the parent may appreciate. Justifications, such as, "they will be better off not having all the fighting in the house" seldom compensate for the loss of the other parent in the home.

For Teens, the loss includes supervision and observation, for younger children, feelings of security and comfort.

Of course there are exceptions. When the marriage and home life has been marked by domestic violence, fighting, inconsistencies, disparate treatments, etc. the children may be as relieved as the parents that the decision to separate has Finally been made.

In Florida we no longer discuss "Custody" or "Primary Residential Responsiblity" with regard to who will most parent the children. Now we use the term Timesharing. The parent with the Majority of the timesharing is not the Custodial Parent. That is the person with the child physically at any given time. What a confusing world.

Lets make it as easy as possible: Both parents Share Parental Responsibility. When the child is with dad, dad is the custodian. When the child is with mom, she is the custodian. The Timeshare each parent has is related to what portion of each week the child spends with that parent. Alternating Weekends is still the "fallback" minimum visitation Timeshare used most often by the courts.

When you have questions, call an attorney who understands these concepts. Selecting an attorney who is familiar with the recent changes to the Florida Statutes will help you ensure your rights are honored and decisions respected. Call me at 407-645-3297 or visit my website at www.aubreylaw.com

I am ready to assist you.

Tuesday, May 18, 2010

What Should You Expect from Your Lawyer?

Honesty. If your attorney doesn't tell you the potential downside and pittfalls of a course of action, she is doing you a disservice. You must know the bad possibilities as well as the good. Only when fully informed can you make the best decision. After all, you are the one who has to live with your decisions!

Integrity. Your opponent must be able to trust what your attorney tells them. The Court MUST be able to trust what your attorney tells it. If the attorney says he will present certain evidence, or he has a receipt showing something was purchased by a business, he must be able to back it up, or be forced to prove every detail - at potentially great expense.

Fairness. Treating the other side fairly doesn't hurt your case. In many instances it begins the process of healing that will allow both sides to put the difficulties to rest once and for all in settlement. A Trial is a bad way to achieve fairness. The parties have far less input and much greater expense. Besides, who knows your family better, You and Your future Ex Spouse? or the Judge who has listened to both sides of an argument for 4-6 hours?

Reasonable Billing Practices. The honest answer is Your attorney has a family to feed and must operate his or her practice in a profitable manner. Many times people assume a "quick question" will not result in a bill. Sometimes the answer is clear, but the question still interrupts the work ongoing in the office and usually requires an answer the same day. With only 8 hours in the work day, most attorneys have to work several more hours each day just to keep the messages from piling up, while still researching legal opinions, writing briefs, reviewing the latest rulings, keeping abreast of statutory law changes, planning for hearings, preparing for trials, etc.

Tomorrow: What NOT to expect from your attorney.

Thursday, March 11, 2010

Durable Power of Attorney

Do you have one? Do you need one? Who has access to YOUR MONEY?

I asked these questions at a seminar today with the Boost Your Brain Program of the Crosby YMCA Wellness Center in Winter Park. Meeting with 41 Y members allows me to meet new potential clients. It also allows me to hear what questions concern them most. Many questions begin with either "my friend" or "my parent" and relate particular issues being dealt with daily. They continue asking "is doing this, that or the other thing OK?" In a seminar setting I can answer general questions common to many caregivers in a minimum of time by comparison to an office consultation. The information passed out to a large group is by nature very general and may apply in peculier ways to any given set of circumstances.

More complex questions are best answered in the office during a personal consultation session. One persons actions with regard to care and keeping may differ radically from another person's situation. If you have questions, Call an Attorney. We are here to help. Many times a question over the phone can prevent major complications that could impact Medicaid Qualifiation, Taxes, Inheritance, Probate, Guardianship, etc.

A few of the members had questions regarding how to pay bills when sharing a residence with their mother, brother, etc. Dividing bills and paying 1/2 to the other person may seem reasonable today, but when the IRS audits your taxes, or when applying for medicaid, or when going through Probate administration, the answers may radically alter treatment in the individual case.

Bottom Line: Ask the question of a professional. Do not depend on the advice given to a friend by their former whatever. Be Careful out there! And I am Proud of You!

Tuesday, January 5, 2010

Happy New Year

Have you misdated anything yet? I have had to change the 0 of 09 to a 10 at least twice a day since the first. Today, I wrote the full 09 twice and had to rewrite the date. Oops. Mistakes happen.





What does your New Year hold? Do you have plans that require extraordinary effort? You should. Challenge yourself this Year!





Remember, I'm Proud of You!





Actually, "I'm Proud of You" is the title of Tim Madigan's book, subtitled, My Friendship with Fred Rogers. You remember Mr. Rogers. He always told his young viewers, "I'm Proud of You!"





Some people thought Mr. Rogers was too simple and did not teach children much. I remember seeing him as a child and learning that heat rises. I can still duplicate the experiment using cold water in an aquarium and hot colored water in a vial placed at the bottom. When the vial is opened the hot colored water rises to the top. Scientist can explain why, but suffice to say the Hot water has more energy.





People, like energy, can rise to the top as well. Let this be a great year by challenging yourself to Rise to the Top.



This picture shows my son receiving an award from the Mayor of Winter Park. I am Proud!

Call me! Aubrey Ducker 407-645-3297

Monday, August 24, 2009

What do You do when You don't Know What to do?

When all around you are losing their heads over some perceived emergency without any plan of action, What do You Do? Do you stop and ask directions? Do you sit quietly and wait for the storm to pass, then clean up the mess and plan better to prevent future emergencies? Do you lead the charge, yelling do something to those around you who neither know what needs to be done nor how to go about doing it?
I am one who addresses those emergencies in life with a calm reflection. I have seen the damage done by a hasty response. I have witnessed the exponential increase in stress caused by the "Chicken Little" response of "the sky is falling".
Many years ago, I was the one to notice the sky falling and attempt to warn those around me. Working on the electrical plant of a Nuclear Submarine, I would many times see an emergency arrise on the meters and guages and it was my duty to not only note the changes, but to recommend actions to prevent damage to crucial equipment. Others might jump in before seeing All the indicators, trying to fix the first indications only to compound the real source of the problem. Many times, waiting for the opportune moment to suggest a better course of action means being heard rather than ignored.
In my practice, I see people in some of their worst situations, impending death, Family strife, marital strife, Divorce, etc. Many times alcoholism or drug addiction play a part in destroyed relationships. Other times, simple communication issues cause complete distrust or misunderstanding. An outsider who has witnessed the progression of strife, can see the direction, even if he or she cannot adequately communicate to the parties involved.
Life can be like that. Make a friendly suggestion before the friend recognizes the dire straits, and risk being ignored. Once the magnitude of problem is considered, a timely suggestion means all the difference in the world. Call me at 407-645-3297 or visit my website at www.aubreylaw.com and let me help you recognize the symptoms and solutions to your problems.

Morning will come.

Morning will come.
No matter how dark the night!