For those going through a divorce, the holiday season represents a time of abrupt change and facing new realities that come with being alone.

via Holiday divorce makes trying time | Sarasota HeraldTribune.com.

Good article about a local support group, called Divorce Care.  There is a sayings among attorneys that criminal lawyers see bad people at their best, and divorce lawyers see good people at their worst.  The divorce process is often one of the most stressful times in a person’s life.  Seeking out counseling or a support group under these circumstances is a sign of intelligence, not weakness.

The short answer is “no.”

Florida courts have consistently held that the mismanagement or simple squandering (i.e. gambling)  of marital assets is not to be considered in the court’s equitable distribution of the parties’ assets and debts.    In order for the court to penalize a party for his or her use of marital assets during the marriage, there has to be “misconduct.”  Misconduct requires: (i) an intentional use of of martial assets for one party’s own benefit; (ii)  for a purpose unrelated to the marriage; and (iii) at a time when the marriage is undergoing an irreconcilable breakdown.   See Zamuto v. Zambuto, an appellate case from the Florida Second District Court of Appeal (the appellate division covering Sarasota and Manatee Counties) for the latest review of this principle.

Accusations of mismanaged real estate deals, gambling, poor stock picking, etc.  can make for interest testimony.  However, in most cases the court will not penalize one party of the marriage for these activities.

So what is misconduct that the court will consider?  The classic example is the use of marital funds to buy expensive gifts for one’s paramour.

I provide two types of representation: general and limited. General representation means that I appear as the attorney of record in your family law matter, and represent you in all phases of your case. Limited representation means that I “limit” my representation of you to particular task, such as representing you at a single hearing, or preparing a single document.  In most cases the cost of general representation is billed by the hour; while limited representation is handled on a flat fee basis, where the client pays a set amount for a single task, or set of tasks.

Most clients prefer general representation.  However, sometimes the cost of general representation is unaffordable, so that if general representation is the only option the client has, the client cannot afford any representation.  If this is  the case, the client may wish to consider hiring the attorney to handle parts of the case on a limited representation basis.

Limited representation works best when:

1. You case is “over,” but there are final documents that need to be prepared by a lawyer.
2. Your case is settled, but for whatever reason you are having a difficult time getting a final judgment/order entered by the court to complete your matter.
3. You cannot afford general representation, but you can afford to pay an attorney for a particularly difficult task or hearing.

There is the old joke that says that there are two types of people:  those who divide people into two types of people; and those who do not.  After a divorce is finalized, there are two types of parents:  those who can cooperatively parent their children; and those who cannot.

As an attorney, I rarely hear from the cooperative parents.  For those parents who are have difficulties parenting, and communicating, with their ex-spouse, the “Our Family Wizard,” can provide a good framework, for providing a neutral zone for parental communication, and increasing accountability.  This is one of those situations where you will immedaitely know if the software would make your family’s life better.  The link is as follows:

www.ourfamilywizard.com

Washed ashore on Siesta Key Beach Tuesday morning was an 8-foot-tall Lego man, his shirt emblazoned with an enigmatic and grammatically challenged message: “NO REAL THAN YOU ARE.”

via Giant Lego man washes up on Siesta Key beach in Sarasota | HeraldTribune.com.

This post is not really tied to my blog theme . . . but what could be cooler than finding an 8-foot-tall Lego man washed up on the beach.

Divorcing parents (with minor children), are required by the court to complete a parenting class.  The class is a one-day class, and is good for what it is.

However, many folks wish to improve their basic parenting skill, above and beyond a one day court-ordered class.   Fortunately, there are a number of excellent parenting classes and programs in the area.  Linked below are lists of parenting classes in Bradenton, Manatee County, and Sarasota, as compiled by the Family Court Professional Collaborative:

Parenting Classes in Sarasota County

Parenting Classes in Bradenton – Manatee County

Here is the scenario.  You sign a marital settlement agreement with your soon to be ex-spouse, and everyone agrees that you get to keep all, or a portion of your IRA, 401k, life insurance policy, or other similar assets, which allow for a beneficiary.  At the time of your divorce, your spouse is the named beneficiary on these accounts.  But, post divorce by agreement, they are all yours.  You can do whatever you want with them.  What you fail to do after the divorce, is to remove your ex-spouse as the beneficiary.  Maybe that what you  intended to do,  but maybe you wanted to name your children, your parents, or really anyone but your ex-spouse.  Then, you die.  Unfortunately, your untimely death might not be the only bad part.

In a recent ruling the Supreme Court of Florida, ruled that in the scenario described above, ” Absent the marital settlement agreement providing who is or is not to receive the death benefits or specifying the beneficiary, the courts should look no further than the named beneficiary on the policy, plan, or account.”  Crawford v. Baker, No. SC09-1969 (2011).

In other words, for retirement accounts and insurance policies that you receive in your divorce agreement, you need to make sure that your ex-spouse does not remain the named beneficiary, unless you want your ex to get the account/policy proceeds if you die.

It’s already been quite a year. So far we’ve endured wars, riots, nuclear meltdowns, crazy weather, a bipolar stock market and a failed apocalypse. Is it any wonder that one of the few bright lights in this asthmatic economy is insurance? These days, folks hoping to hedge their risks in what feels like an increasingly insecure world can buy policies to insure against identify theft, gadget obsolescence, having twins, kidnapping and divorce. Online scribes invest in blogger policies; anxious brides are buying wedding insurance. And, of course, if you’re concerned about tangling with the undead, a contract with the Zombie Apocalypse Insurance Co. ($15 a year) provides peace of mind, not to mention post-attack car repair, home reconstruction and, if necessary, relocation to a zombie-free locale. (This is not really an insurance company, folks, as the terms and conditions explain.)

via Insurance for . . . zombie attacks?- MSN Money

. . .  well, its come to this.

While their lawyers spar, a couple’s retirement savings and other assets—cash, businesses, pensions, stocks, bonds, alternative investments and stock options—are yo-yoing wildly in value, turning a relatively straightforward exercise into something resembling nailing Jell-O to a wall.

Then there’s the house. Often the biggest asset a couple owns, it has in many cases become their biggest liability. About one in five U.S. homeowners owe more on their mortgages than their homes are worth, and $7 trillion of homeowners’ equity has been lost since 2005.

via Family Value: Divorce in a Turbulent Market – WSJ.com.

This is an extremely difficult problem in Sarasota and Manatee Counties.  Some best practices issues to review with your attorney, include:

• What’s a deficiency judgment, and how long could a bank pursue me for such a judgment, if my house is foreclosed?
• If my soon to be ex-spouse takes the house in the divorce, could I be stuck with a judgement later?
• What happens if I take the house and upside-down mortgage, and later need to declare bankruptcy.  Could the divorce prevent me from discharging the debt in bankruptcy?
• What happens if my marital settlement agreement requires me to refinance the residence within a set period of time, and I am unable to do so?

Jilted Dallas Cowboys wide receiver Roy Williams has filed a lawsuit to get back a $76,000 engagement ring kept by a beauty pageant winner who turned down his marriage proposal delivered through the mail.

via Cowboys WR Williams Wants Engagement Ring Back – Sports News Story – KTXS Abilene.

Wow.  Here is my take on this story:  (1)  Never ever, ever, ever, give anyone a $76,000 engagement ring; and (2) Never, ever, ever, ever propose by mail.  Quite frankly, Roy is probably getting out of this deal way cheaper than if the beauty pageant winner had said “yes.”  (Apparently, Mr. Williams eventually got the ring back).

How would the engagement ring case be decided in Sarasota, Bradenton, and Manatee County?  In Florida, as a general rule an engagement ring is treated as gift of nonmarital property.  Randall v. Randall, 56 So.3d 817 (Fla. 2d 2011).  (This case is from the appellate court that covers Sarasota and Manatee Counties).  But, the gift of an engagement ring is based on the implied condition that a marriage will ensue.  Id.  So in Florida, if the pageant winner had gone forward with the marriage, the ring would likely be her separate property, but since she did not, the failure of the ”implied condition” of marriage would require that she return the ring to Mr. Williams.