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
Friday, April 26, 2013
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:
- 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.
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
Monday, April 1, 2013
Why Collaborative Divorce?
There are MANY reasons to choose a Collaborative Divorce, Costs, Timeliness, Process, Control, CHILDREN.
The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.
Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.
In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com
Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:
Just in case you missed it - Divorce brings on a world of issues for children.
We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.
The Costs associated with asking a Judge to decide major issues in a divorce case can range from hundreds to tens of thousands of dollars. Most attorneys know what the judge is likely to decide given the limited facts the judge will ultimately hear. So why should you give aways your children's college fund in order to risk the judge seeing things your former spouse's way? You should not.
Timliness is how long it will take to have the Judge make a decision. Just getting on the calendar for a hearing may take several weeks to several months. At hearing, if your attorney runs short of time, either because he did not prepare or because the other side managed to distract and stall the presentation of evidence for your case, you may have to wait several more weeks or months to finally have the Judge hear all the evidence allowing a ruling. That ruling may be subject to appeal, or the Judge may take some time to reduce an oral ruling to writing, delaying a few more weeks, or in the case of appeal, several more months.
In a Collaborative Case, time is determined by your attorney's scheduling with the other team members who are all working to Resolve the situation, not to delay decisions! This Collaborative Process puts YOU in Control of the Decisions. Having a Communications Coach, and your legal advisor, helping You Make the Decisions saves time, and ultimately results in a Much less Stressful process for your family. Ultimately, Collaborative Divorce results in Less Drama for children as Parents can learn to work together even though they are no longer married and living together. The reduction in stress in the household, along with new communications styles and mediums may have a lasting effect on your family, and especially your Children. Call me 407-645-3297 or visit my website at www.aubreylaw.com
Still not convinced, according to Lauren Hansen, there are at least 9 more to consider when Children are involved:
9 negative effects divorce reportedly has on children
The Week – Thu, Mar 28, 2013
http://news.yahoo.com/9-negative-effects-divorce-reportedly-children-220900169.htmlJust in case you missed it - Divorce brings on a world of issues for children.
We like to think children are resilient and can adapt easily, but in reality, childhood trauma manifests itself for YEARS to come in their lives.
Make the Decisions Now so in the future, your children will Thank you.
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