Recommendation from a client

I was proud and thrilled to receive the following:

Recommendation: "I worked with Aubrey this year for the
first time, and found him to be incredibly reliable, timely in his responses,
and able to deal with difficult situations in a compassionate and caring way -
and always with the end result in mind. Working with Aubrey, I realized results
that far exceeded my expectations."
Service Category: Attorney
Year first
hired: 2009
Top Qualities: Great Results, On Time, High Integrity

Financing Available

We extend Credit!!!

Many people ask, in fact today a man asked, "How do you expect me to afford that?"

Our office has a new policy for extended payment plans in some cases.

Balances between $300 and $25,000 can be spread over a year, interest free.

Balances between $1,000 and $25,000 can be spread over 60 months with a lower interest rate than is offered on many credit cards.

I only ask that regular payments be made.

My office in Winter Park, Florida, accepts all major credit cards, cash and most checks.

I represent people in Family Law matters including Divorce, Child Custody, Alimony, Child Support, Paternity, Visitation, Father's Rights, Moving out of state and most other issues that come up in domestic relations court.

I also represent Elders in Elder Law matters including Estate Planning, End of Life Planning, Medicaid Planning and parent child disputes.

When Nothing Goes Right

Some days are just like that. You wake up and forget about working out. Then your breakfast turns out to be much more than you planned. You skip any snacks and have a larger lunch. Working into the afternoon, you become tired but again skip the snacks and when you finally get home you are famished. Munching all evening does not satisfy and you go to bed sad, fat and tired.

Or perhaps the day starts out like any other and out of nowhere disaster strikes. You are sent on a whirlwind trip without any semblance of order, planning or escape. Later you may update your status page with "Worst Day EVER!!!" But is it really?

Too many times we go through life forgetting that the valleys make Mountains more majestic. If no for the turns, roads become endless lines to the horizon.

Take time to remember to say thanks, not just for the blessings in life but also for the curses that remind you Life is Worth Living.

What a Day!!! Domestic Violence is Not Acceptable

Sitting in Domestic Violence Court is NO FUN. For Anyone involved.

The Victim certainly doesn't enjoy it. Neither does the Perpetrator unless particularly masochistic and egotistical.

The Judge involved cringes at the stories told and worries about discerning the truth in the statements made by the petitioner and respondent.

The Attorneys seldom "enjoy" the experience; however, when you can help your client stop being victimized by their spouse or paramour, that is GOOD!!!

Time Waits for No Man

Wow, it has been more than a month since my last post. If only I were having fun, I would understand how the time flew by!!!

If you are anything like me, Every day starts with promise and ends with something left undone.
Now is the time to update that Will.

Make the changes needed to protect your assets to provide for your family if something should happen to you.

Call me. 407-645-3297. Mention this note and save 10 % this month only.

Aubrey
www.aubreylaw.com
or
www.floridaguardianattorney.com

Identity theft again - thanks to the Florida AG

Who Investigates Identity Theft?
If you are a victim of identity theft you should contact your local police department or sheriff's office first to file a report. Under Florida's identity theft law, the report may be filed in the location in which the offense occurred, or, the county in which you reside.

It is important to remember to get a copy of the police report. Very often, the bank, credit card company, or others need proof of the crime in order to erase the debts created by the identity thief.

If you can't get a copy of the report, at least get the report number.

Who prosecutes identity theft?
Identity theft prosecutions are handled either by the State Attorney in the local judicial circuit, or the Office of Statewide Prosecution in the Attorney General's Office. The Office of Statewide Prosecution handles the prosecution of multi-circuit organized crime.

What are some tips regarding how to file a police report?
Provide documentation. Furnish as much documentation as you can to prove your case. Debt collection letters, credit reports, your notarized ID Theft Affidavit, and other evidence of fraudulent activity can help the police file a complete report.

Be persistent. Local authorities may tell you that they can't take a report. Stress the importance of a police report; many creditors require one to resolve your dispute. Also remind them that under their voluntary "Police Report Initiative," credit bureaus will automatically block the fraudulent accounts and bad debts from appearing on your credit report, but only if you can give them a copy of the police report.

Be a motivating force. Ask law enforcement to search the FTC's Consumer Sentinel ID Theft database for other complaints in your community. You may not be the first or only victim of this identity thief. If there is a pattern of cases, local authorities may give your case more consideration.

That's why it's also important for you to file a complaint with the FTC. Law enforcement agencies use complaints filed with the FTC to aggregate cases, spot patterns, and track growth in identity theft. This information can then be used to improve investigations and victim assistance. Click here to access the FTC's online complaint form.

Identity Theft - What to Do If Your Identity is Stolen

With thanks to the Attorney General, I posted his suggestions below. Identity theft is a problem for many more people than you may realize. Many times Identity theft occurs between family members because they may have access to mail, personal information, etc. Regardless of the perpetrator, the effect can be devastating to the victim. Many people lose thousands and thousands of dollars every day to identity theft and other scams.

Source: The Florida Attorney General's Office

Identity theft is a serious problem that affects millions each year. When an imposter uses your name, social security number (SSN), credit card number, or any other form of personal information without your knowledge, it’s a crime.

Unfortunately, sometimes victims remain unaware that their identity has been stolen until they receive monthly statements for credit card accounts they never applied for, credit reports including unfamiliar debts or monthly statements that include unauthorized charges.

If someone has stolen your identity, immediately take these three steps:

• First: Contact the fraud departments of each of the three major credit bureaus. Ask them to flag your file with a fraud alert and include a statement that creditors should ask for permission before opening any new accounts under your name. Ask the credit bureaus for copies of your credit reports. Credit bureaus must give you a free copy of your report if it is inaccurate because of fraud. Review your reports carefully to make sure no additional fraudulent accounts have been opened in your name or unauthorized charges made to your existing accounts. In a few months, order new copies of your reports to verify corrections and changes, and to make sure no new fraudulent activity has occurred. For more information on your rights and the Fair Credit Reporting Act, log on to http://www.ftc.gov/opa/2003/05/fcratest.shtm

Company	Report Fraud	Other Credit Report	Web Site
Equifax	(800) 525-6285	(800)685-1111	http://www.equifax.com/
Experian	(888)397-3742	(888)397-3742	http://www.experian.com/
Trans Union	(800)680-7289	(800)916-8800	http://www.tuc.com/

• Second, contact the creditors for any accounts that have been tampered with or opened fraudulently. Speak with someone in the security or fraud department, and follow up in writing. Following up with a letter is one of the procedures spelled out in the Fair Credit Billing Act for resolving errors on credit billing statements, including charges that you have not made. Sample letters are available in the booklet ID Theft: When Bad Things Happen to Your Good Name .
• Third, Fraudulent Use of Personal identification Information is a violation of Florida law pursuant to §817.568, Florida Statutes (1999). File a report with your local police department or the police in the community where the identity theft took place. Keep a copy just in case creditors need proof of the crime.

Take Control
Although identity thieves can destroy your personal finances, there are some things you can do to take control of the situation.

Some ways to handle the most common forms of identity theft are:

A- If an identity thief has stolen your mail for access to new credit cards, bank and credit card statements, pre-approved credit offers and tax information or falsified change-of-address forms, that person has committed a crime. Report it to your local postal inspector. You may contact the United States Postal Inspection Service online at https://postalinspectors.uspis.gov/

B- If an identity thief has changed the billing address on an existing credit card account, close the account immediately. When you open a new account, ask that a password be used before any inquiries or changes can be made on the account. Avoid using easily available information like your mother’s maiden name, birth date, the last four digits of your SSN or phone number, or a series of consecutive numbers. Avoid the same information and numbers when you create a Personal Identification Number (PIN).

C- If an identity thief has accessed your bank accounts, checking account or ATM card, close the accounts immediately. When you open new accounts, insist on password-only access. If your checks have been stolen or misused, stop payment. If your ATM card has been lost, stolen or otherwise compromised, cancel the card and ask for another with a new PIN. For more information, you may also contact the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency online Office of the Comptroller of the Currency.

D- If an identity thief has established new phone or wireless service in your name and is making unauthorized calls that appear to come from—and are billed to—your cellular phone, or is using your calling card and PIN, contact your service provider immediately to cancel the account and calling card. Obtain new accounts and new PINs..

E- If an identity thief is using your social security number (SSN) when applying for a job, get in touch with the Social Security Administration (SSA) to verify the accuracy of your reported earnings and that your name is reported correctly. Call (800) 772-1213 to check your social security statement. To report SSN fraud online, log on to http://www.ssa.gov/oig/ifyou.htm.

F- If, after trying to resolve the problems brought on by identity theft you continue to experience problems, the SSA may issue you a new SSN at your request. However, consider this option very carefully. A new SSN may not resolve your identity theft problems, and may actually create new problems. For example, a new SSN does not ensure a new credit record because credit bureaus may combine the credit records from your old SSN with those from your new SSN. Even when the old credit information is not associated with your new SSN, the absence of any credit history under your new SSN may make it difficult to obtain credit. Lastly, there is no guarantee that a new SSN would not also be misused by an identity thief.

G- If any identity thief is using your name or SSN to obtain a driver’s license, report it to your Department of Motor Vehicles. Also, if your state uses your SSN as your driver’s license number, ask to substitute another number.

Stay Alert
Taking the steps outlined here should, in most cases, resolve your identity theft problems, but identity theft or related credit problems may reoccur. Stay alert to new instances of identity theft. Notify the company, creditor or agency that is involved immediately and always follow up in writing.

Order a copy of your credit report from the three credit bureaus every year to check on their accuracy and whether they include only those debts and loans you’ve incurred. This could be very important if you’re considering a major purchase, such as a house or car. A credit bureau may charge a fee for a copy of your report.

More resources and information, including an identity theft toolkit, are available online at: http://myfloridalegal.com/identitytheft

FEDERAL TRADE COMMISSION (FTC)
If you’ve been a victim of identity theft, file a complaint with FTC by contacting their Identity Theft Hotline toll-free at, 1-877-IDTHEFT (438-4338); or TDD at 202-326-2502; by mail to the Identity Theft Clearinghouse, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. You may also file a complaint online at https://www.ftccomplaintassistant.gov/

The FTC publishes free brochures on identity theft and many consumer issues. For a complete list of publications, write for Best Sellers, Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Avenue, NW, Washington, DC 20580; or call toll-free 1-877-FTC-HELP (382-4357), TDD 202-326-2502; or log on to http://www.ftc.gov/bcp/consumer.shtm.

Thank you!

Such a Wonderful Phrase! I like being able to say Thank you!

Today, one of my dearest friends brought a gift by my office: A Painting in Watercolor of my Grandfather's Barn. In reality I did commission the work, but that should not take away from the Thanks I feel for such wonderful work presented to me.

The picture at right is a recent photo. In the next post, I'll include a shot of the painting.

Many times our memories deceive us. I looked at this photo of the old barn, and truly is looks like an Old Decrepit Barn! My memories don't recall it with so much rust and dust however. I remember putting hay into the loft from the age of 6! Then it was a Massive structure. I got to work with my grandfather's lifelong friends, Harry Clemons, Bob Lowery and others. They treated me like a fellow worker even though I probably got in the way more than they needed until I was 15 or 16. By then I was old enough and strong enough to drive the tractors and trucks around the farm and throw hay bails up onto the wagon.

Memories are funny, one persons delightful childhood event is another persons awful childhood memory. Too bad. If we all could remember only the best and forget the worst, Thank You might be heard more often.

How do We get Along for the Children?

Following is a message I received in my role as Guardian Ad Litem for two children. Their parents could not agree on a visitation schedule, arguing about whether weekly pickup and drop off were to be on Friday or Sunday. The Brother of one wrote:

"Lets just stop all the messages between the two of you and just
comply, nothing other than an "OK, see you at ..." This has to become
a non incident as this will always be happening, mix ups are normal in
family affairs and developing a cooperative manner of working
together, without the threat of court action by either party, is the
only suitable choice (In My Opinion)...its not easy, will take both to agree, but
at the first, it will take at least one party to choose to not
fight...be that party, comply no matter how onerous it might be, but
stop the fighting at all costs, determining fault and assigning blame
will only keep both of you stuck in the problem, so sidestep it by
agreeing immediately with no rancor ...that is the only way that
cooperation can sprout and become the way that this parenting can work
harmoniously between all parties...your brother "

I add this post because so many times people in the midst of conflict forget they once loved, and every issue becomes a power struggle. Obviously if the power struggle continues so that one party is constantly taking advantage of the other, an attorney can help present to the court the disparity in parenting. Court should be a LAST Option, not a first thought. Call me at 407-645-3297 for information on Child Custody (now called Time Sharing) or any other family law matter. Visit my website at www.aubreylaw.com for more information.

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.

Making Sound Decisions

Most people assume that given all relevant information, they will make sound decisions. Many people however, do not know when they have all the relevant information and may consider much irrelevant information in their decision making process.
When considering a contract, You Need An Attorney.
Contracts take many forms and all are considered by the courts to be a law between the parties. Whether the contract is for a Water Purification System in your home, a Home Security Monitoring Agreement, a Child Support or Alimony Agreement, an Insurance Settlement, a Probate Accounting, an agreement for piano lessons, a Timeshare Purchase, a Lease, or the purchase of an appliance with a warranty, You Need An Attorney. The company presenting the contract for your signature no doubt had an attorney look at the document to determine its legality and enforceability. You should also have an attorney review the contract. Most Insurance companies have staffs of attorneys to draft and review settlement agreements. The agreements are presented to the consumer by "Adjusters" who work for the insurance company. You the consumer need an attorney as well.

Making Sound Decisions

Most people assume that given all relevant information they can make the best decision. Knowing what information is relevant can be a tricky proposition. One of my colleagues runs a commercial in the Orlando area wherein she says, if an insurance company sends an adjuster to your home to settle a claim, YOU NEED A LAWYER. The Insurance Company employs Many attorneys, and investigators, (called adjusters) to value your claim. These employees of the insurance company owe loyalty to the company, not to you the consumer. YOU NEED A LAWYER!

When presented with a contract of any kind, whether it be to purchase and install a security system or water softener, to purchase piano lessons for your child, to purchase or lease a home, to settle a matter in court, to divide a business interest, You Need an Attorney!

Even people who have attorneys at their disposal, be they family members, close personal friends, or even retained attorneys, may be reluctant to call and ask the important questions, primarily, WHAT INFORMATION IS RELEVANT TO MAKING THIS DECISION?

Sometimes important information to one party in a transaction is not important at all to the other party. Many times, irrelevant information is presented as a reason for the decision to go a certain way. These negotiation tactics harm the consumer if the consumer is unaware. An Attorney, working for you, can help make the best decision by ensuring all RELEVANT information is considered, and all Irrelevant information is ignored.

If you owed money, you would pay it. If you are owed money, you should receive it. Sometimes the question of who owes money to whom can be more complex than one piece of paper would indicate.

What does the Law Require?

Many questions to attorneys ask, "What is required by Law" in a given situation. To begin to answer this question, contact an attorney, www.aubreylaw.com or www.lawyers.com/duckerlaw or www.FloridaGuardianAttorney.com
Sometimes the Law requires less than our own Morality might believe is due. Other times, the Law may require significantly More than we truly believe is due and oweing.

One example can be found in Credit Card Interest Rates. We borrow money and expect to pay interest until the debt is extinguished. What we do not expect is that our creditor, be it Visa, MasterCard, AmericanExpress or Discover, will work to collect every dollar possible under the contract.



We all know we will owe interest, perhaps even cash advance fees; however, what if the Credit Company lowers our "Available Credit" to a point below our current "Outstanding Credit"? Then Overlimit fees apply. If the Minimum Payment is not made we expect to pay a penalty; however, when the Lowered Available Credit causes an Overbalance condition with additional fees, and the Required Minimum Payment is increased by the Total Amount Over Limit, what was once a $150 or $250 payment is suddenly and UNEXPECTEDLY a Minimum Payment Due of $765 or worse. Additionally, the $39 overlimit fees along with the increased Interest Rate due to being Overlimit (usually a jump in interest of 10% to 25%) make the Credit Card Company a SIGNIFICANT REVENUE SOURCE. Why do you think the credit companies extend credit and solicit new credit even when people are making minimum payments?



All this as an example of What Does the Law Require. A new law gives consumers significantly more protection from the "legal" overreaching by credit companies. You can get more information at the following websites:

http://www.creditcards.com/credit-card-news/obama-signs-credit-card-law-1282.php

http://www.dailyfinance.com/2009/08/20/new-credit-card-laws/

http://www.creditcards.com/credit-card-news/credit-card-act-takes-effect-1282.php



The 8 Major Benefits of the new Law can be found here: http://www.bankrate.com/finance/credit-cards/8-major-benefits-of-new-credit-card-law-1.aspx



The real key is to Know What the Law Requires, and don't allow Fear or Intimidation to force you to do what the Law does not or cannot require.

How to Be a Good Parent

In court today, Judge Munyon ( Ninth Circuit, Orange County, Domestic) noted that Good Parents are on time to pick up their children. This got me thinking, what other qualities do Good Parents Share?
1. GP's Cooperate for their children. They work together, recognizing that Children need Stability.
2. GP's NEVER Disparage the other Parent. Parents should Never disparage, or allow to be disparaged, the other parent, in the child's presence. Not speaking ill of the other parent is a good idea for avoiding divorce, as well as dealing in and after divorce. Speaking ill of another says more about the speaker than the target.
3. GP's Cooperate With Their Children. Work with your children to show them Why. Why do I have to clean my room? Because I want it clean. Because I said so. Because . . . how about because a clean room helps you get ready in the morning, helps you find your toys when you want to play, helps you be healthier (use a vacuum to show all the dirt and grime that stays on the floor of even a clean room - how much more filth in a messy room). Answering the Why's in life helps children understand the world around them much more than "Just do as you're told" ever helps them get along in life.
4. GP's give their children time, in quality. I hear people say, "its quality not quantity that counts" but I disagree. A Quantity of Quality time makes good parents out of children.
5. GP's provide for their children. Not because a court order says to provide child support, but because good parents provide for their children. So many college graduates tell of parents working two jobs to send them to school. That Schooling and example lead to a life of Working to better deserve the Good Parents.
6. GP's Always let their children know they are Wanted and Loved. Even when the children are bad, don't eat their veggies, don't share their toys, etc. Good Parents know the difference between Loving Children and approving actions. GP's do this by example. GP's treat others the same way they teach their children to treat others. Teaching by Example that Lying is bad, Sharing is Good, Work is Good, Language is important, Doing what you say is more important that saying too much.

More on Support - this time for the ladies

Here are 7 things every girl should know before having sex, or the resulting kids.
1. Your First Responsibility is to Your Child. No matter how sweet, supportive, loving, cute, etc. the boy is, he will NEVER carry the child 9 months awaiting its arrival.
2. NO form of birth control is 100% effective. The "Virgin Mary" practiced Abstinance and we see how that turned out. (insert laughter here)
3. You are legally responsible for the child, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
4. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
5. A child ties you to the father for life. Not only the 18 years to raise the child, but weddings, funerals, etc. for life.
6. The Father is responsible for child support once the child is born, not matter what your agreements. He is responsible to assist you with medical care before the child is born as well.
7. The Florida Department of Revenue's Child Support Enforcement Program can help. They can: locate noncustodial parents; determine paternity; obtain orders for support through the court system; enforce, collect and distribute support payments to the custodial parent.

An attorney may also assist in these areas. Call me or visit my website at http://www.aubreylaw.com/ if you have any questions.

Raising a child is difficult under the best circumstances. Do not make it even harder by ignoring real issues or avoiding conflict in an attempt to make someone else happy. Your First Responsibility is to your Child.

Child Support

Here are 7 things your "Son" should know before having sex, or the resulting children.
1. You are legally responsible for the child you father, even if you didn't want to have a baby. It doesn't matter that you used birth control, or that you wanted to give the child up for adoption.
2. Child Support includes more than money. It includes emotional support, love, food, shelter, clothing, education, TIME, attention . . . even when you don't feel like it. Even when you are tired, sick, busy . . .
3. You will have to pay Child Support in the form of money until the child reaches 18. Even if you are out of work, in jail, or can't afford your own rent and living expenses.
4. You must pay Child Support even if the mother recieves welfare and food stamps. EVEN IF SHE MARRIES SOMEONE ELSE, who has a good job, who gets called Daddy . . .
5. You cannot avoid Child Support by leaving the state; and certainly not by marrying someone else. Not even by having more children.
6. If you do not pay child support, your credit may be damaged. Your bank account may be seized. Your paycheck may be garnished. You may not get a tax refund you earned. Worse, YOU may be thrown IN JAIL.
7. Only You control when, where and with whom you have sex. It is beyond your control whether the sex you have results in a child. Never tell children you did not want/plan/love them. Being a father begins with wanting, planning and loving the child.
For more information, visit my website at http://www.aubreylaw.com/ or www.lawyers.com/duckerlaw

Step One - Establish Paternity

Why? Your child DESERVES the support of BOTH parents. It takes two to conceive the child, and psychological studies cited in most states show two parents are better than one.
You may ask, "How can I establish paternity?"
For children born to a married couple, paternity is PRESUMED to be the Husband.
In Unmarried couples, the Father can Voluntarily establish paternity by allowing or acknowledging the child through the Birth Certificate. HOWEVER, just because your name is listed on the Birth Certificate, doesn't make Paternity certain. If both the Unmarried Mother and Unmarried Father sign a Paternity Acknowledgement Form (available at most Hospitals, Birthing Centers, all Public Health Units, all Department of Children and Families offices, and the Office fo Vital Statistics) the matter can be established thereafter.
A simple blood test may lend insight to paternity, but this is NOT conclusive. When more certainty is required, a genetic test can determine to a very high degree of certainty, who is the father, or not. The Florida Department of Revenue can provide testing information, as can this office.
Again, WHY? In the long term, to secure an inheritance. Also, to show the true Father's name on the Birth Certificate, to allow the child to be connected fully to both parents and their families. For Legal Proof of the childs identity, for Support, both Financial and Medical, Paternity is crucial for Social Security, Veterans and Disability Benefits.

Dementia? Alzheimer's Disease? Memory Problems?

Many people ask, "how do I know what is normal aging and what is Alzheimer's Disease (AD) or Dementia?
First, the term Dementia describes a whole group of memory problesm caused by changes in the Human Brain's overall function. Some of the symptoms may be:
1. Asking the same questions repeatedly
2. Getting lost in very familiar surroundings and places
3. Neglecting personal safety and security measures
4. Being disoriented about time, place or people
5. Neglecting personal hygiene and nutrition
6. Being unable to follow simple directions
When these symptoms are noted together, frequently the cause is Dementia.
Dementia itself may be caused by any number of other neurological basis, including Alzheimer's Disease or stroke, but also possibly cause by treatable conditions such as High Fever, Dehydration, reactions to food or medicines, vitamin deficiencies, thyroid problems or a minor head injury.
The real question for caregiver is, "do these symptoms impact daily life?" Many times they indicate a need for an Assisted Living environment or Adult Congregate Living Facility. Other times families may be able to provide all necessary care. In either instance, an attorney can be quite helpful in making arrangements and transitions. Call me if you have further questions. Aubrey Ducker (407) 645-3297

Ring That Bell

There are many ways to ring a bell. The large Wheel in the background is attached to a one-inch rope passing from the steeple of the First Baptist Church in America to the Music Director's office. Pulling the rope rotates the bell to strike the large "ball clapper." In this manner the bell rotates and the clapper is relatively stationary. The use of a one inch rope, indicates the weight of the bell and the potential momentum imparted to the person pulling on the rope.

The steeple also has a clock. The clock has a mechanism to ring the bell on the hour and 1/2 hour by use of the "hammer or "alternate clapper." The clock mechanism can't produce the force necessary to move the entire bell, thus the use of a much lighter hammer.

The hammer also attaches to a much smaller rope passing from the steeple to the interior of the church. Pulling the much smaller rope rings the bell, but the bell remains relatively stationary.

All this to say there are many ways to ring a bell.

There are also many ways to pursue your legal rememdy. Choosing an attorney who understands the differences between Litigation and Mediation, between Fighting it Out and Working it Out, can mean the difference between years of litigation and moving on with your life.

Brighter Days Ahead

Its raining again. When it Rains, it Pours. Sometimes troubles come, sometimes they stick around a while.

Alzheimers can be like that. It shows up, and won't go away. Many times the "episodes" can be overlooked. It doesn't happen very often, its just a nuissance. Forgetful. Oops.

As people age, some of the normal progressions may become exagerated and excuses become more frequent.

Know when to say when. When you need help, ask. Friends, Family, Organizations and others stand by ready to lend a helping hand. Before it pours. Before you lose control.

Call me. 407-645-3297 at the office. 407-718-5678 is my cell. I am here to help.

Transferring Real Property outside of Probate

Many people want to know, How do I leave my legacy to my children without their having to go through the hassle of Probate. Sometimes the fear of probate is unwarranted. Many times the fear of costs for probate prevent people taking the simple step of calling an attorney to inquire. Remember, if you never ask a question, the answer always remains, "NO".

Probate costs are monitored byt he court, with Judges signing off on most fee applications. Many times an attorney will agree to a lesser rate if he or she has represented you or the decedent in the past.

Sometimes however, an attorney may be able to suggest ways to avoid probate altogether. Instruments such as "Life Estate Deeds" and Lady Bird Deeds may be very useful in allowing a senior to maintain control of their property right up until death, then avoid probate by having it transferred through the prior filed deed. Many times you just have to know what questions to ask.

Friends

Friends are the Family we Choose for ourselves. I hope you have lots of friends. I hope they are the best kind of friends. Friends listen. Friends hear. Friends see. Friends speak. Friends touch. Not just our lives but our very souls.

One of my clients, who is also a friend loaned me this:

If we are dancing, and stepping on each other's toes, we work to not do that anymore, rather than seek out another partner.

I kind of like my version better:

When we dance, if I step on your toes, please don't stop dancing. Just let me know so I can try to dance better. But if you stop dancing with me, the dance may be lost forever.

Speaking engagement on Saturday

My wife will be speaking at the second anniversary of the Professional Men's Christian Fellowship Meeting at Baldwin Park on Saturday, June 13th at 6:30 PM. Having worked with her on the outline for her topic, Spiritual Empowerment During Economic Slowdown or Financial Issues During Recession, I wanted to share some excerpts here.

Personal Skills related to Financial Management

a. Earning potential
i. Education
ii. Training
iii. Ability
iv. Societal Need

b. Personal Management potential
i. Budgeting
ii. Time – everybody gets the same 24 hours per day
iii. Talents – Know which talents serve you best
iv. Treasures – Money Management – Cash Flow
v. Keeping up with the Neighbors – Things – Needs v. Wants

Source of Financial Crisis

A. Spending more than we earn

1. Knowing what we earn
a. Gross Pay – Wages Tips and other Compensation
b. Federal Tax Withheld
c. Social Security Tax Withheld
d. Medicare Tax Withheld
e. Health Insurance Paid by Employer
f. 401K or other Retirement Contributions
g. All other deductions (Union Dues)
h. Net Pay

2. Knowing what we spend
a. Fill up the gas tank
b. Lunch out
c. Dinner out with the family
d. Trip to the Grocery Store
e. “Unexpected Expenditures”
New Tires, brakes, car repairs not covered by the warranty
Medical co-pays
Emergencies

3. Spending Wisely - Budgeting

Customer Service and Community Relations

It Takes a Villiage to Raise a Child. No doubt you heard the title of Hillary Clinton's book published many years ago. She cited the African proverb to show that we are all connected and the success of the least is in many ways related to the success of the whole.

In Winter Park, Florida, many people know Andy. He was adopted about 40 years ago as an infant. As he developed, his parents discovered he was a victim of Fetal Alcohol Syndrome. For many years he has been seen riding his shiny red bicycle around the neighborhoods, many people unaware of his disabilities. Sometimes he yells at cars which do not stop at red octagonal signs. Sometimes he yells at people who run or walk in the "bicycle lanes", and sometimes he just yells. He is a wonderfully nice man, but his disability prevents his knowing what to say or not say. If questioned about how he should react to any given situation, he may answer "do what Jesus would do."

He works occasionally at Tijuana Flats, one of my daughter's Favorite Restaurants. he picks up trash and empty trays from tables. He moves chairs in and out and does other odd jobs. One day a customer was upset because of something Andy had said or done. When she approached the manager to express her concern, she told him that if Andy continued to work there, she and her family would not come back. The manager, in true customer service fashion, provided her with a gift certificate to the restaurant and informed her of the other locations around the city where she could dine without having Andy disturb her meal. He also said she was welcome to come back, but would likely find Andy at the restaurant as he was a valued employee.

Last weekend, I saw Andy's parents dropping him off at work on a Saturday. Normally he doesn't work weekends when the restaurant is busier. This day the boss had called him to come in special. He was thrilled. I pray we can all look for the Andy in our life and remember, it takes a villiage.

Great Resources for Family Law Issues

You can always visit my site at http://www.aubreylaw.com/

If you choose, you can visit the site http://lawyers.com/duckerlaw/

If you visited the Lawyers.com site, you might find an update on current family law issues at:

http://lawyers.com/duckerlaw/FamilyLawNewsletter.jsp

Sometimes a little information can help you to ask the right questions.

What do you want to learn?


The Family Law Newsletter is created and maintained by Lexis/Nexis, one of the leaders in Legal Research Sources. Below are some current excerpts:

Juvenile Litigation with Respect to Institutional Confinement Facilities

There are many juveniles that are confined to public and private institutions. Many of the institutions have deplorable conditions. Juveniles are often held in dingy cells or small, dark rooms and are confined for hours, days, or weeks. Often times juveniles are deprived of exercise, recreational activities and schooling. Sometimes juveniles are even supervised by untrained or inadequate staff as well.More...

Child Custody and Religion

Religion is usually not an issue in child custody proceedings, even if the parents practice different religions. For example, if a child has a Christian mother and a Jewish father, a court will not consider the merits of either religion in determining which parent should have custody of the child. The court will grant custody to one parent, or joint custody to both parents, and the child will be exposed to both the mother's religion and the father's religion.More...

Postmarital Agreements

A postmarital agreement, or postnuptial agreement, is an agreement executed by a husband and wife after they are married. More...

Enforcement of Child Support

When a court enters an order of child support, it orders one party to pay a certain sum of money to another for the support of a child. The person who is ordered to pay is called the obligor. The person who received the payment is the obligee. The amount of child support that is payable is usually based on state law that takes into consideration the number of children for which an obligor is responsible and the amount of income the obligor earns from all sources. More...

Adoption and Safe Families Act - Overview

In 1997, the United States Congress passed the Adoption and Safe Families Act (ASFA). The ASFA was enacted to modify and clarify certain requirements of the Adoption Assistance and Child Welfare Act, a federal law enacted in 1980, and the Family Preservation and Support Services Act, a federal law enacted in 1984. More...

When Its Over

How do you know when the marriage is truly OVER?

A Few Questions:
Has counseling been attempted, in good faith by both parties?
Has the "objectional conduct" (whether that be financial irresponsibility, adultery, abuse or disrespect) continued despite numerous suggestions, demands, ultimatums, counseling sessions and threats?
Have you put forth every effort to follow the Serenity Prayer?

God grant me the serenity to accept the things I cannot change;
the courage to change the things I can;
and the wisdom to know the difference.

Are there things you cannot change that your partner cannot forgive?
Are there things your partner cannot change that you cannot forgive?

If you answer yes to these questions, then it is time for a divorce. Children do not flourish in an environment of discord, anger, mistrust and false security. If you would get divorced but for having children, how does your conflict affect the children?

Most people who call my office either Know their marriage is over, or Want to Know if their marriage can be saved. Unfortunately, Whether their marriage is over or salvageable is one question they have to answer for themselves. If you are looking here for the answer, call me and lets discuss the situation. I'll try to help You find the right answer for You.

Happy Anniversary Baby, Got You on my Mind

21 years ago, I married Laurie. We dated for more than a year and were engaged more than 9 months. At the time, I was a sailor in the U.S. Navy; she was an attorney at the lawfirm of Maguire, Voorhis and Wells in Orlando. I do not know the secret to a happy marriage; in reality I have learned more about marriage from the couples I counsel in Divorce cases. Many petty squabbles will doom any marriage not based in Mutual Love and Respect. Marriage is in fact a Partnership. Both parties must give. How much? Not 50/50. Each party must give 100% effort to the cause for a marriage to last. Even then, health concerns later in life can strain even the best marriage. Practicing in Elder Law and Family Law has allowed me to work with people who after 40, 50 and even 60 years have decided to end their marriage. This truly puts my 21 years into perspective. That said, I love you, Laurie.

Living Will form for a Laugh

I,__________________, being of sound mind and body, do not wish to be kept alive indefinitely by artificial means. Under no circumstances should my fate be put in the hands of pinhead politicians who couldn't pass ninth grade biology if their lives depended on it, or doctors interested in simply running up their bills and making money for the hospital. Therefore, if a reasonable amount of time passes (3 days) and I fail to ask for at least one of the following:
Glass of wine
Chocolate
Margarita
Martini
Cold Beer
Chocolate
Chicken fried steak
Cream gravy
Sex
Mexican food
Chocolate
French fries
Chocolate
Pizza
Sex
Ice cream
Cup of tea
or Chocolate
It should be presumed that I won't ever get better. When such a determination is reached, I hereby instruct my appointed person and attending physicians to pull the plug, reel in the tubes, let the 'fat lady sing,' and call it a day!

Custody, timesharing, parenting plans

The Language of Divorce has been changed. No more are there Custodial or Primary Custodial Parents. Now each parent has a timeshareing arrangement intended to provide the maximum contact with the child and lesson hostility and conflict over who has "Custody" or who "makes the Decisions."

In reality, the Florida Legislature in attempting to lower conflict in divorce cases may have inadvertently muddied the waters for a little while. Reality suggests that parenting plans need to be precise to allow the police officer called to the scene to interpret with whom the child should leave the ball field.

All too often, conflict arrises when Dad took little Johnny to the soccer game and Mom arrived to watch. Since it is "Dad's visitation" he wants to take Johnny home to drop him off at Mom's house. Mom naturaly wants to take Johnny home to prevent Dad coming to her house, again, and snooping around who else might be there, or just hanging around hoping to "talk." This scenario plays out in many ways, but the bottom line is:

Precise Parenting Plans Prevent Parental Problems.

Visit me at www.aubreylaw.com for help with your Parenting Plan Problems.

Best Paternity Joke

Who Should Get Custody?

A man and his wife were in divorce court, but the custody of their children posed a problem.

The mother's attorney leaped to his feet and protested to the judge that since she had carried them for 9 months, diapered their bottoms, taken care of them and generally "brought the children into this world," she should retain custody of them.

The man also wanted custody of his children, so the judge asked the man for his justification.

After a long silence, the man's attorney slowly rose from his chair and replied...

"Your Honor, when I put a dollar in a vending machine and a Coke comes out, does the Coke belong to me or the machine?"

Ba da bing . . .

Of course children do not "belong" to either parent. Children are referred to in courts as "Our Children" because to call them "My son/daughter/child" implies an exclusivity of parentage. As everybody knows, it takes two to tango, and if the "tango" results in a child, both parents have responsibilities to care and provide for the child. For help with child support, custody, visitation, alimony, divorce and other family law issues, call an attorney. Or, go to www.aubreylaw.com

Where to go for the information you need

One of the greatest sources for information of any type is the University. In the area of Elder Law, Stetson University is one of the best sources for all information. No matter the question, this site has the answer. http://justice.law.stetson.edu/excellence/elderlaw/eldersites.htm
While the site require some time to locate the particular answer you seek, know every resource available on the subject is found there. If you still have questions, call me or check out one of my websites, www.aubreylaw.com www.lawyers.com/duckerlaw or www.Floridaguardianattorney.com

New Numbers for Medicaid Qualification

Here are some new numbers to update the Medicaid Qualification note earlier:
Community Spouse Resource Allowance: $ 109,560.00
Resource Allowance for an Individual: $ 2,000.00
Resource Allowance for a Couple: (both husband and wife in a nursing home) $ 3,000.00
Minimum Monthly Maintenance Needs Allowance: $ 1,750.00
Maximum Monthly Maintenance Needs Allowance: $ 2,739.00
Monthly Personal Needs Allowance: $ 35.00
Shelter Allowance: $ 525.00
Standard Utility Allowance: $ 198.00
Divestment Penalty Divisor: $ 5,000.00
Income Cap Amount: $ 2,022.00
Home Equity Limit: $ 500,000.00

Give Gifts with Warm Hands

Heirs only arrive after death. It is much better to give gifts while the recipient can say thank you. Who wants to wait until someone dies in order to inheirit the land, jewelry, and other possessions of life. In my office I meet people very often who want to write a Will. On many occasions it seems people want to allow some decisions about the division of property to be made by the heirs "After I am gone." "Ill let my children figure that out," they will say.

I can honestly say I see nothing worse than putting children to work deciding who gets what after you are gone. Even if they get along great and are perfectly attuned to your wishes, to leave that burden for them is a terrible curse and can be dangerous to your estate. One may not want to take anything, but have regrets later. There may be one item of furniture they both want causing years of mental anguish. Probate costs are minimal with a well-drafted will that leaves nothing to be worried about later. When the Personal Representative or Executor is forced to make judgment decisions, probate costs skyrocket and may take a much greater portion of the estate than would otherwise be required.

Give gifts while you are alive, with "Warm Hands", so that when your hands are cold in death, you may be eulagized as a generous person who thought of others. Don't set up problems for your children. Relieve them of the burdens of probate by making those decisions in your will or prior to your death.

The Most Important Thing

I don't normally like tearjerker stories; however, the following link shows what can happen when Customer Service is taken personally by the lowest of employees.
http://www.stservicemovie.com/

Thanks, Aubrey

P.S. If you want to check out my site, go to www.aubreylaw.com
Thanks

Check out my friend's music

You can listen freely at http://www.myspace.com/voodooaudio

Rob is a great musician.

Medicaid Income and Asset limits

As of July 2008, in Florida, the Medicaid qualification limits are as follows:

Community Spouse Resource allowance: $104,400.00

Individual Resource Allowance: $2,000.00

Couple's Resource Allowance: (Assuming both in Nursing Home) $3,000.00

Minimum Monthly Maintenance Needs Allowance: $1,750.00

Maximum Monthly Maintenance Needs Allowance: $2,610.00

Personal Needs Allowance: $35.00

Shelter Allowance: $525.00

Standard Utility Allowance: $198.00

Maximum Income Allowable: $1,911.00

Home Equity Limit for Qualification: $500,000.00

Please consult an attorney for application of these limits to your Individual Situation. Many complicated rules may affect your individual qualification for Medicaid Nursing home payments.

Economic Down times mean opportunity

Many clients ask whether they can afford to get divorced in this bad economy. The answer for some may be no, but the answer for many more may be YES! The economy presents a nationwide downer. Moods are bleak, consumer confidence is at record lows. Now is the time to change your outlook by fixing that nagging home problem once and for all. How could your life be changed by making changes at home now.

All over the country, people are facing debt issues, bankruptcy considerations, loan writedowns and writeoffs. With investments such as 401K and stock funds low, this may be the time to split those and move on with independence to invest again.

Home values are lower than ever presenting a unique opportunity to buy out your spouse at a discount. Yes, you may have to give up some of your desires, but with equity very low, a buyout is more affordable now than ever. Offsets of stock funds against equity in homes with tax advantages on both sides may allow you and your spouse to fight less and agree more to resolve your disagreements once and for all.

Who is working for you

Most law firms have many different jobs performed by a variety of people. Who is working for you? The Attorney you hired may or may not be the person performing most of the work on your file. Paralegals, legal assistants, legal secretary and the file clerk could all handle different matters within a single file. Make sure when you recieve legal advice, it is coming from the attorney you hired.

The attorney you hire should be the person you are most comfortable talking about your most intimate secrets. Your attorney needs for you to be completely candid. If your spouse cheated many years ago, that may be important today even if you have cheated more recently. Sometimes clients believe their spouse will not air their dirty laundry and are then three steps behind when the information comes out before the court.

Your attorney will and must keep your secrets. That is the heart of the Attorney client privilege. In order to fully assist you, you must be completely candid with your attorney. Your attorney should be completely candid with you as well. In order for you to make the best decisions within your particular problem, you must know what all possible outcomes are. Many seemingly simple questions have a multitude of possible answers depending on not only your desires, but those of your opponent, the perogatives of the judge in your case, previous decisions, called Caselaw, as well as simply potential outcomes.

Medicaid Planning continued

Although we try to avoid generalizations, many deferred annuities are sold to elderly persons because of large commissions, rather than for good investment reasons. It is generally inappropriate to sell an 80-year-old person in a 15% tax bracket a deferred annuity at a low interest rate that carries a surrender charge for the next seven years. When the children inherit the principal, they will most likely be in a higher tax bracket, and, without the stepped up basis, will pay tax at ordinary income tax rates on all of the deferred income.

Many seniors purchase annuities out of the misplaced fear of protection from nursing home costs and often with the discouragement of purchasing valuable long term care insurance. Individuals should consult their financial advisor before purchasing a deferred annuity after retirement.

If an individual has three years of nursing home insurance they, or their power of attorney holder, can legally give away their wealth to their children more than three years before application for Medicaid. Only as a last resort should that certain kind of Medicaid annuity be considered.

However, as a last resort, annuities may save much of the couple’s net worth from the feared nursing home “spend-down”. They may also preserve the single nursing home resident’s estate for their children, all perfectly legal if you follow the rules. With proper Medicaid planning, a client can protect a large portion of their net worth from the erosion of the almost inevitable nursing home costs.

Medicaid Planning Continued:

It is perfectly legal and ethical to plan to protect assets from erosion due to nursing home costs, as long as the federal and state rules are followed. Although Florida’s rules are fairer than many states, the rules are so complicated as to almost require the counsel of an elder law attorney.

Strategies differ for a married couple and an unmarried nursing home resident. With a married couple, one spouse will reside in a nursing home (called the “institutional spouse”) and the other spouse will continue to reside in the residence (called the well spouse or the “community spouse”).

There are limits on what assets the couple is permitted to keep, called “exempt” assets, which includes a residence, car, burial plots, etc, together with a cash reserve of more than $96,000 this year. Although for some couples this amount may seem large, for most retired couples this amount is far less than their net worth. A spouse has a legal obligation of support even if it is a recent short-term marriage and even if they have “pre-nuptial” agreement. A single person’s cash reserve may be limited to only $2,000.All other assets are either “countable” assets, which disqualify the client from Medicaid nursing home benefits, or they are “unavailable” assets, which do not disqualify one from such benefits.

For example, “unavailable” assets such as a spousal IRA or Limited Partnership unit or certain annuity investments may be able to be kept, while still qualifying for Medicaid nursing care. It is not illegal to reposition a client’s assets for good investment planning, which may also lead to Medicaid qualification, again as long as the rules are followed.

Goal of Medicaid Planning

Similarly, the goal of Medicaid planning is to avoid spousal impoverishment and the depletion of the inheritance that would pass to the children. In 1988, the United States Congress passed the Spousal Impoverishment Act, which together with the Omnibus Budget Reconciliation Act of 1993, provide the legal means to qualify for Medicaid nursing home care without completely “going broke”.

The difference between tax planning and Medicaid planning is that tax planning involves one body of federal tax law, which varies little from state to state. However, since the states pay 50% of Medicaid benefits, each state enacts their own rules to administer the Medicaid program. Thus, a client may qualify for Medicaid under the Florida rules by investing in certain acceptable types of annuities, but then be moved by their child to their child’s northern state and find they are ineligible for Medicaid, but have no available assets to pay their nursing home costs due to their prior investment and planning decisions.

is Medicaid Planning legal, necessary?

Of all couples over age 65, at least 70% will need nursing home care for one of the spouses. Unfortunately, many couples wrongly believe that the transfer of their assets to their revocable Living Trust will protect them from Medicaid recovery. Even with a revocable trust, the cost of nursing home care, sometimes exceeding $50,000 per year, can quickly deplete the savings of the average senior. Revocable trusts are an important planning technique for minimizing the costs and time delays of probate administration and for providing continuity of management in case of disability, as well as, in many cases, minimizing estate taxation.

Congress makes the rules of estate taxation and advisors help their clients utilize these rules to their clients’ advantage. Everyone accepts the fact that estate tax planning is perfectly legal, as long as the techniques utilized are not abusive. The goal of such estate tax planning is to completely avoid estate tax when the first spouse dies, and after the death of the second spouse, when estate taxes may be due, to pass the maximum legal amount to the client’s children or other beneficiaries in order to “keep it in the family”, paying as little as possible to Uncle Sam.

Goals of Attorney

My philosophy is summed up by the statement, Service to the Client. I endeavor to provide legal advice that serves the client's interest within the scope of the situation faced. Personal service is a hallmark of my practice. Effectiveness and efficiency are also my goals.

Attorney's fees are reasonable - considering

Many people wonder how attorney's arrive at their retainer or fees charged. The determination of what is reasonable considers many variables including at least the following: the time and labor required of the task presented, the novelty, complexity, or difficulty of the questions involved, the skills requisite to perform the legal service properly.

Additionally, the attorney may consider whether the acceptance of the particular employment will preclude other employment by the lawyer and the fee, or rate, customarily charged in the locality, Orlando, Central Florida, Winter Park, etc., for legal services of a comparable or similar nature.

The attorney may also consider the significance of, or amount involved in, the subject matter of the representation, the responsibility involved in the representation, and the results obtained.

More important considerations may include any time limitations imposed by the client or by the circumstances and, as between attorney and client, any additional or special time demands or requests of the attorney by the client.

Of course the attorney may also consider the length of the professional relationship with the particluar client and the nature of previous work involved.

Finally and perhaps most important in the determination of attorney's fees in a given case are the experience, reputation, diligence, and ability of the lawyer performing the service and the skill, expertise, or efficiency of effort reflected in the actual providing of such services. Whether the fee is fixed or contingent and the client’s ability to pay being dependent on the outcome of the representation may also factor importantly.

Judges and Counselors

One judge in my district put it this way, “I have more than 1,500 different cases. Each one expects me to remember all the details in the court file, know who is telling the truth, act fairly between them, protect their children, divide their property, make the other person follow court rulings on a daily basis, and know what is in the best interests of all involved. I have maybe 30 minutes or an hour of testimony from each of them and they expect me to know what is best. I have never even seen their home, or children. How can any Judge know what is 'Best' for this family?”
Many times an attorney is simply trying to counsel the client to accept the possibilities of Divorce. Realize there are no “winners and losers” just people trying to get on with their lives. Inevitably, clients make mention of church, God, their upbringing or spouses religious life. This is the time when I truly am able to counsel as a Christian, not simply an attorney. From my own life, I cite numerous examples of God working in and through difficult times to a more Holy result. The Bible is filled with examples of broken lives being useful to God, even when the person in question did not acknowledge the broken nature of their relations. Divorce begins as a broken relationship. Whether the break results from outside forces or interior struggles, broken relations are the status. The Court acknowledges and affirms the broken relationship and divides the property, setting a course for future relations either as parents or merely former spouses.

Divorce Attorney and Collaborative Efforts

No, Divorce Lawyers do not “break up” marriages. The Husband and Wife take care of that on their own. Divorce Attorneys work to help people move on with their lives and heal the pain inflicted so easily by their former spouse. Knowing also that my clients are seldom innocent bystanders on the road to Divorce, I also seek to prevent their further traumatizing the children by fighting over memories and principles.
In a majority of the 50 states, divorce is a no-fault proposition. One party simply desires to end the marriage due to “irreconcilable differences” or because as Florida requires, the marriage is “irretrievably broken.” The other party may disagree, but unless there are children involved, few courts will order the marriage continued where one party can honestly say they no longer desire to be married.
If I were a Christian Attorney, I might cite Jesus words recorded in Matthew 5:25 to my client, “Before you are dragged into court, make friends with the person who has accused you of doing wrong. If you don't, you will be handed over to the judge and then to the officer who will put you in jail.” Or perhaps more appropriate from Matthew 5:40, “If someone sues you for your shirt, give up your coat as well.”
Unfortunately, I do not believe clients will hire me, much less pay my fees when I tell them to settle quickly, and for double the demand. In reality, there are seldom clear cut cases where one party has clearly defrauded their mate. Family Law is an area that tries to boil an entire life down to a two or three-day trial, expecting the Judge to discern truth from fantasy where there are two sides and even more perspectives and potential outcomes.

Christian Attorneys? No, Attorneys who are Christians

When she first called my office, she was surprised that I answered the phone rather than a secretary or receptionist. She asked for an appointment and as we confirmed time, she surprised me with the question, “I just want to make sure, you are a Christian Lawyer, aren’t you?”
Confronting this question in my office on numerous occasions, I have a standard answer, “No, I am an attorney and a Christian, but I am not a Christian Lawyer.” Unfortunately, this answer works much better in person than over the phone so I inquired as to her motive for asking. It turns out, she wanted someone she could trust not to “break up her marriage” unless it was really necessary.
With half my practice being Family Law cases, I sometimes introduce myself as a Divorce Lawyer. I do this with the knowledge that some people will immediately conjure some LA Law or Boston Legal stereotype trying to fit me into their little box. “Oh he’s one of those,” they will immediately think and dismiss me from their list for Christmas Cards.
The truth is, I have NEVER broken up a marriage. In fact, I have been happily married for more than 20 years, to my first and only wife. Only after I had served as a Guardian Ad Litem for several children, both in Divorce cases and in Abuse cases, did I even consider practicing divorce and Family Law.

Litigation by the Sea

Litigation can be described as walking on the beach at the waters' edge. With each step waves can undermine your footing, eroding the very foundation on which you depend. Each action taken by one party serves to compel actions by the other party. These actions like waves my concentrate and solidify your footing, undermine your opponent's footing, or simply crash with noise and fury resulting in little else.

Who are you

I am a divorce lawyer in Winter Park, Florida. This is my first blog, but don't let that fool you. I am routinely published in Christian Ethics Today reviewing books related to the topic. My website is www.aubreylaw.com