How Does a Get Work in Theory and in Practice?

A Get is a short document, consisting of only 12 lines, always written in the presence of a rabbi and signed by witnesses.  It declares that the marriage has been dissolved, and that the former spouses may enter into new marriages. Unlike a civil divorce decree, it does not contain any details about division of property or child custody.

According to Jewish law, a woman cannot enter a new valid marriage until her previous marriage has been dissolved by the issuance of a Get. If she has children with her new husband, they are not automatically acknowledged as members of the Jewish community and would need to go through a conversion process in order to marry within the faith.

The husband and wife need not both be physically present when the Get is drafted in order for it to be valid. Especially if they are estranged because of domestic abuse, one or both can send a representative to act on his or her behalf at the signing of the Get.

Florida courts do not require Jewish couples to obtain a Get at any point in civil divorce proceedings, just as they do not require Catholic couples to have the Church annul their marriages. Religious requirements rarely play a role in Florida family law cases.

Denomination Matters

A Get cannot take the place of a civil divorce, but how much civil divorce affects religious divorce varies from one denomination of Judaism to another. In Orthodox Judaism, the Get is, for all practical purposes, the only way to end a marriage. Even if an Orthodox Jewish couple gets a civil divorce, remarriage within the faith is not possible until a Get is issued. Several years ago, an Orthodox Jewish couple in New York, Yoel Weiss and Rivky Stein, were the subject of media attention when he refused to grant her a Get.

In Conservative Judaism, divorced couples still often end their marriages with a Get, but it is much easier to end the marriage without a Get than it is in Orthodox Judaism. If the husband refuses to grant his wife a Get, the Beit Din (rabbinical court) can annul the marriage, and the wife will be able to enter into a new Jewish marriage. Reform Judaism does not require a Get; it considers a civil divorce sufficient to end the marriage.

Contact Alan Burton About Divorce in Florida

Alan Burton is a family law attorney whose goal is to make divorce as painless as possible for couples who are going through it. Contact Alan R. Burton in Boca Raton, Florida for a consultation about your divorce case.

Q: What is a Financial Affidavit, and How is it Used?

A: A financial affidavit looks a lot like an itemized tax return. It is a document on which couples in the process of divorce list their income sources and expenses, and where they classify their assets and liabilities as marital or non-marital property. The purpose of the document is to determine equitable distribution of property, including spousal support payments, if any.  Couples with and without children must file a financial affidavit.

Q: What is the Difference Between the Long Form Affidavit and the Short Form Affidavit?

A: As their names suggest, the difference between the two affidavits is the length and level of detail. The long form affidavit is a multi-page document with much more detail. All divorces require a family law financial affidavit. If at least one spouse has an individual annual gross income of at least $50,000, the couple must file the long form affidavit.

Q: When Should You File the Financial Affidavit?

A: Ideally, you should file the affidavit of support with your petition for divorce. You must get the document notarized before you file it with the court. You must deliver a copy of the complete affidavit to your spouse within 45 days of filing for divorce.

Q: How Does Domestic Violence Affect the Financial Affidavit?

A: Even if there is domestic violence involved in a divorce case, the parties must still file a financial affidavit.  The difference is that, if you have a protective order against your spouse because of domestic violence, you are not required to list your address on the financial affidavit.  If this is the case, you must file a Petitioner’s Request for Confidential Filing of Address. In other words, you must disclose your address to the court, but not to your spouse.

Contact Alan Burton About Division of Property

Even in relatively uncomplicated divorce cases, it still helps to get a professional legal opinion.  Contact Alan R. Burton in Boca Raton, Florida for advice about your family law financial affidavit.

Details of the Zelman Case

In 2014, Martin Zelman was in his 80s and suffering from dementia and short-term memory loss.  His son Robert Zelman petitioned the court to appoint him or one of his sisters (Martin’s daughters) as their father’s guardian. The petition also mentioned Lois Zelman, Martin’s wife to whom he had been married since 1993, among Martin’s “next of kin,” but it did not recommend her as a guardian and implied that she was an unsuitable choice to act as such. The court appointed Robert as Martin’s temporary guardian, in charge of his health and financial affairs.  As soon as the court appointed Robert as Martin’s guardian, Robert, acting on Martin’s behalf, filed a motion with the court to have Lois removed from the marital home, claiming that she had been abusing and neglecting Martin in his vulnerable state of health. In response, Lois provided the court with evidence that she and Martin were happily married and that she had remained true to her vow to care for him in sickness and in health. The court ruled that Lois must leave the couple’s apartment, and she complied, moving into another apartment in the same building.

Lois argued that Martin was not sufficiently incapacitated as to require a guardian; she proposed instead that the court appoint a power of attorney and health surrogate for him and that he receive in-home health assistance around the clock. Many other petitions followed, filed by Lois and by Robert, disagreeing over details of the extent of Martin’s incapacity and over whom, if anyone, the court should appoint as his guardian. An attorney representing Lois alleged that Martin’s children were trying to force Martin to divorce Lois. The court ruled that, even if the court dissolved the marriage, such a dissolution would not count as a divorce, and that Lois would be entitled to the same assets from Martin’s estate, upon his death, as if they had still been married.

The Appeals Court’s Decision

The appeals court eventually ruled that the previous decisions of the lower courts were so convoluted that the only way to resolve the matter was to re-try the case from the beginning. For example, the court ruled that Martin was not competent to marry but was competent to file a lawsuit, which does not make sense. The issue of whether Lois was actually a “party” in any of the lawsuits or merely an “interested person” was also a hopelessly confusing issue.

Contact Alan Burton About Late-in-Life Divorce Cases

Cases like Zelman v. Zelman, when one of the parties is in poor health because of old age, make divorce even more complicated. Contact Alan R. Burton in Boca Raton, Florida for a consultation relating to your elderly relative’s legal decisions.

Florida’s Equitable Distribution Doctrine

Florida courts divide divorcing couples’ property according to the principle of equitable distribution. In other words, they go by what is fair. They do not always divide marital property evenly, and they do not simply take into account how much income each spouse brought in and then let each spouse keep only the money he or she earned. Florida law also considers unpaid contributions to the marriage as reasons a person is entitled to a certain share of the marital property. For example, time spent as a stay-at-home parent also counts as a contribution. The logic is that, when taking care of the children full time, the stay-at-home parent spouse was freeing up the other spouse to concentrate more on earning money.

The courts also consider misconduct, which, in the case of equitable distribution means intentionally misusing marital property in order to sabotage the marriage or in order to prevent the other spouse from having access to it in the event of a divorce. Examples of misconduct include spending money on an extramarital affair partner or gambling with jointly owned money.  Unsuccessful business ventures undertaken in good faith are not considered misconduct.

The Gotro Case and Equitable Distribution

John Gotro and Catherine Gotro were a Florida couple married for 39 years. All of their children were adults at the time they divorced, so child support and parenting plans were not part of their divorce case. The couple’s assets were considerably less at the time their divorce was finalized than when it was initiated. Catherine alleged misconduct, claiming that her husband intentionally wasted the money, so that the divisible assets would be less when the divorce was finalized.  John claimed that he had spent the money on household expenses for him and for his estranged wife, meanwhile paying her temporary alimony. The court sided with John, as misconduct, as it applies to equitable distribution, refers only to a very specific set of behaviors. It is also notable in this case that the court awarded Catherine permanent alimony because of her age and the length of the marriage.

Let Alan R. Burton Help You Navigate Property Division in Divorce

Dividing property in a divorce is not just as simple as calculating who earned how much.  Contact Alan Burton in Palm Beach County with questions about your entitlement to your share of marital property in divorce.

There is no doubt that Florida is a multi-cultural state, drawing residents from around the world.  Oftentimes those residents will come to Florida with prenuptial agreements executed in their home countries.

These agreements usually will contain a choice of law provision which basically spells out that the law of their country will apply to the provisions of the agreement, even though a divorce action is filed in Florida.

When determining whether to apply Florida law or foreign law to a contract, which is what a prenuptial agreement is, a court must first apply Florida’s choice of law or rules.  Generally speaking, Florida courts enforce contractual choice of law provisions unless enforcing the chosen forum’s law would contravene strong Florida public policy.

The party seeking to avoid enforcement of the choice of law provision has the burden of demonstrating that the foreign law contravenes public policy. McNamara v. McNamara, 40 S03d 78 (Fla. 5th DCA 2010).

The concept of applying foreign law to a Florida divorce proceeding does not mean the issue is restricted solely to international proceedings.  The same rules would apply to any contracts that are executed in any state in the United States.  The use of the term “foreign” applies to any agreement executed outside of the State of Florida, whether it be from another state or another country.

If you are contemplating filing for divorce, and you have a foreign agreement that you either wish to enforce or vacate, you should confer with an experienced divorce and family law attorney. Boca Raton divorce attorney Alan R. Burton has the experience you need in situations like this.  Call him for a free consultation at 954-295-9222.

The standard for changing the child’s name is whether the change is in the child’s best interests or is necessary for the welfare of the child. Azzara v. Waller, 495 So.2d 277 (Fla. 2nd DCA 1986) stands for the proposition that a minor’s surname should only be changed when the evidence affirmatively shows that such change is necessary as necessitated by the welfare of the child.  In Coolidge v. Ulbrich, 733 So.2d 1092 (Fla. 4th DCA 1999), the court stated that a child’s surname should remain unchanged absent evidence that the change is necessary for the welfare of the child.

When a trial court changes the surname of a minor child without adequate evidence, it constitutes an abuse of discretion.  A petitioning parent cannot meet the heavy burden in these situations by making assertions which are conclusory, speculative, unsupported by competent and substantial evidence, and irrelevant to the best interests of or for the welfare of the child.

Frequently a parent will attempt to change the surname of a minor child in order to distance the child from the other parent or for that parent’s particular own convenience.  This is what occurred in the case of Airsman v. Airsman, 179 So3d 342 ( 2nd DCA 2015).  When an attempt to change the name of a child is based on the slightest evidence, the relief will be denied, just as it was in the Airsman case.

Contact Boca Raton divorce attorney Alan R. Burton for further information on changing the name of a minor child, or any other issues related to divorce, paternity and family law.  Mr. Burton is readily accessible by calling him at 954-295-9222.

In child support modification proceedings, Florida Statute 61.30(14) provides that the respondent shall include his or her financial affidavit with the answer to the petition no later than 72 hours prior to any hearing regarding the finances of either party.

The requirement to provide a financial affidavit in supplemental proceedings cannot be waived by the parties.

If a party submits or attempts to submit a financial affidavit within the minimum time frame of 72 hours before a hearing, the other party should timely file an objection to the admissibility of the affidavit.  The prejudicial effect in allowing the admissibility of the financial affidavit on short notice is reversible error.

A good example of the importance of timely filing a financial affidavit can be found in the case of Gilroy v. Gilroy, 163 Southern 3rd 674 (2015).  In this particular case, the former wife filed her financial affidavit, for the very first time, the day before the hearing.  The trial court admitted the financial affidavit into evidence over the former husband’s objection. In accordance with the rule, the appellate court reversed the trial court, based upon the husband’s timely objection and prejudice that he would suffer.

Careful attention should be given to the preparation of a financial affidavit.  If you require assistance in the preparation of your financial affidavit, or are seeking further advice regarding your pending dissolution of marriage action, paternity case, or modification proceeding, you should contact the law offices of Alan R. Burton, located in Boca Raton.  Call today and speak directly to Alan R. Burton,  an experienced family law attorney, at 954–295–9222 or 954–229–1660.

Before a court will grant your divorce, you and your spouse must settle numerous issues including:

• Property and debt division;
• Child support;
• Time-sharing and visitation;
• Parenting plans;
• Alimony.

If any one of those issues cannot be settled out of court, the divorce can be delayed as the court will have to decide for you. You and your spouse will have to present evidence to support your arguments for how you want to resolve the issue at trial and the judge will rule on the matter.

A recent divorce case demonstrates just how much a divorce case can be affected by adversarial disputes instead of cooperation. After 25 years of marriage, the wife of the founder of Cancer Treatment Centers for America filed for divorce. The filing occurred in 2009 and the case is still dragging on due to several disagreements regarding a prenuptial agreement, custody, and division of their millions of dollars in assets. The case has involved numerous hearings, appellate hearings, changes of lawyers, contempt orders, and other complications, and is now finally going to trial over asset and property division. In the meantime, both spouses have likely spent an enormous amount of money, stress, and time dealing with the divorce proceedings and have been unable to remarry since their marriage is not yet dissolved after more than six years.

Finding Ways to Come to a Resolution

It is unreasonable to expect every divorcing couple to agree on every issue. However, there are numerous ways to facilitate cooperation and agreement even if spouses do not initially agree. Some options for couples to resolve issues in a more efficient and amicable way include the following:

• Mediation;
• Collaborative divorce;
• Negotiation.

It is important to explore one or more of these options before you take your case to court for a more costly and time-consuming resolution. In addition, the above methods allow you to settle matters on your own terms because, when you go to court, the ruling is out of your hands.

Discuss Your Case With an Experienced Boca Raton Divorce Attorney Today

At the law office of divorce lawyer Alan R. Burton, we understand the importance of an efficient resolution in a divorce case so that you can move on with your life as soon as possible. However, we also know that agreement is not possible in every case. For this reason, we will help you explore every possible option to come to an agreement, however, are also prepared to represent you in court if it is necessary for a fair and favorable result for you. If you are considering divorce, please call us as soon as possible at 954-229-1660 for a free consultation.

During a divorce, Florida law requires the fair and equitable division of all jointly-owned property and this law applies to debts, as well. However, dividing up debts can be complex, especially if some debts are owned individually and others jointly. The name on the debt does not always mean that person will be solely responsible for the payments, however, and it is important to discuss debt division with an experienced divorce attorney who understands the relevant law. The following is some brief information regarding the division of certain debts in divorce:

Student Loans

Student loans are often individual debts unless the spouses cosigned on the loans or the loans were acquired during the marriage. In such cases, the loans would be considered marital debt and you may be held responsible for sharing the payment unless you and your spouse can agree otherwise. However, even if you agree that your spouse will be responsible for the loans, your name will likely remain on the loans and any failure to repay could affect your credit.

Credit Card Debt  

Credit cards are generally in the name of one person only and the other spouse is generally made an authorized user. However, if the debt was incurred during the marriage, it will likely be considered marital debt regardless of whose name is on the account. One exception to this may occur if your spouse purposely racked up a significant amount of debt in anticipation of the divorce. In such cases, a court may determine that debt will be their responsibility.

Mortgage

If you and your spouse bought a home together, your mortgage will likely be the largest debt you have. In many cases, especially if you do not have children, you may decide to sell the house to eliminate the debt all at once. However, if your spouse decides to stay in the home, you will likely have your part of the debt bought out. If you stay in the home and you cannot afford to buy your spouse out of the mortgage, you may be able to come up with another way to make up for it, such as giving them a greater portion of your assets or other property.

Contact a Divorce Attorney in Boca Raton for Help

When you are facing divorce, you likely already have enough financial concerns without having to worry about paying your spouse’s debts. Experienced divorce attorney Alan R. Burton knows how to fight for your right to a fair division of debt in line with Florida property division laws. In addition, Mr. Burton will assist in ensuring all child or spousal support determinations are fair so that you can emerge from your divorce in the best financial situation possible. We offer free consultations, so please contact our office at 954-229-1660 for help today.

In order to understand why this is the case, you should have a basic understanding of custody laws in Florida. First, there are two different aspects to child custody:

• Physical custody: the time you spend with your child visiting you or living with you; and
• Legal custody: the right to be a part of major decisions in the child’s life, including schooling, activities, religion, and medical care.

In Florida, physical custody is called “parenting time” and legal custody is often referred to as “parental responsibility.” How these rights are divided between parents is set out in a parenting plan that must be approved by the courts.

Florida law greatly favors joint parenting rights whenever possible and whenever it is in the best interests of the child. It is very difficult to demonstrate that denying one parent of any custody rights will be in the best interest of the child. Doing so will essentially terminate the rights of the other parent and that can only happen in very rare circumstances. Such circumstances may include a history of violent crime, serious abuse or neglect, substance abuse or addiction, or mental health disorders. Even under those circumstances, a court can allow the parent to have visits with the child that are supervised to ensure the child’s safety.

Trying to fight for sole custody requires you to show significant evidence that the parent is unfit to have any parenting rights to the court. Not only can these hearings involve airing personal dirty laundry in open court, but they can be extremely costly and time-consuming. An attorney can help you carefully consider if striving for sole custody is worth it in your situation. Instead of sole custody, you could seek one of the following solutions:

• Supervised visitation;
• No overnight visits with the parent if their lifestyle or living arrangement is questionable;
• The sole authority to make decisions for your child if the other parent cannot make rational and practical decisions.
• Shared custody with the condition of psychological evaluations or drug tests.

Contact a Knowledgeable Florida Child Custody Lawyer Today

While it may not be possible to obtain sole custody rights in many situations, there are cases that warrant such a determination. Boca Raton family law attorney Alan R. Burton will evaluate your situation and advise on whether seeking sole custody would be appropriate in your case. Even if you do not get full custody rights, we can fight to ensure proper restrictions are put in place to protect the wellbeing of your child. Please call for a free consultation at 954-229-1660 to learn more about our family law services today.

The following are some of the requirements set out by Florida law for a valid and legal divorce in our state.

A valid marriage — In order to seek a divorce, you must first have a valid marriage. While this may seem like common sense, many marriages may not be valid due to age, consanguinity, bigamy, and other reasons.

Residency in Florida — In order for a Florida court to hear your divorce case, at least one spouse must have resided in the state for the past six months before the filing.

Proper court filing — You must file a petition with the court requesting the divorce that includes all the necessary information. There are many different options for divorce filings including for simplified dissolution or uncontested divorces.

Grounds for divorce — In Florida, you must state one of two available grounds for divorce, which are as follows:

• The marriage is irretrievably broken; and
• One of the spouses has been deemed mentally incapacitated for at least three years prior to the filing.

Determinations on relevant issues — Many issues must be decided in a divorce, including property division, child custody, child support, parenting plans, spousal support, and more. The parties can agree on these issues on their own, engage in mediation to help decide issues, or the court will decide if the parties cannot agree.

Judgment issuance — The court will issue a decree granting the divorce and setting out orders for all of the above issues.

Can You Legally Separate Without a Divorce?

If you are not yet ready to go through the above steps to obtain a divorce but you and your spouse agree to live separately, there are certain options available to help regulate the situation. For instance, you may be able to seek a court judgment on the following issues:

• Awarding you spousal support;
• Awarding you child support;
• Setting out an appropriate child custody and visitation arrangement.

However, while these issues may be addressed, you should realize that Florida law does not allow for full, legal separation, so you will still be legally married for all other intents and purposes.

If you believe you may want to end your marriage in Florida, you should not hesitate to call experienced Boca Raton divorce attorney Alan R. Burton for help at 954-229-1660 today.

Marital assets generally include any property that is acquired by either spouse through the duration of the marriage. This can include real estate, investments, retirement accounts, cash, and personal property. Even if only one spouse purchases a property or opens a retirement account, if he or she uses would-be marital funds to do so, the property will be considered marital regardless of the name(s) on the title. All too often, a spouse believes that because he or she started a business or titled a vehicle in only one name, that the property will be considered separate. In fact, in these situations, any business proceeds or vehicle equity acquired during the marriage should be divided between the spouses. If marital funds were used to acquire the property or if the proceeds of the property/assets would benefit both spouses, the classification should generally be “marital.” This can be confusing in many situations, so it is wise to review all property and asset classification with an experienced divorce attorney who understands Florida law.

What Is Separate Property?

Separate property generally includes the following:

• Property or assets acquired prior to the marriage;
• Property acquired as a gift to one spouse (even during the marriage);
• Assets or property received through inheritance (even during the marriage);
• Assets that can be traced to separately-owned property;
• Any property agreed to be separate in a written prenuptial agreement.

The above are not hard and fast rules, however, as situations can arise in which traditionally separate property can become marital property. For example, if one spouse receives money as an inheritance and uses it to purchase a home for the family, including the spouse, that house would likely be considered marital property even though it was acquired through a separate inheritance. Many other complex situations can arise in which the lines between marital and separate property can be blurred and misclassification can easily occur.

Discuss Your Divorce Case With an Experienced Boca Raton Divorce Lawyer

At the law office of divorce attorney Alan R. Burton in Boca Raton, we have helped to ensure that many individuals receive the proper and fair distribution of property and assets that they deserve in divorce. You do not want to risk your spouse taking your rightfully owned property or any other unfair outcome in your divorce, so please call our office for a free consultation today at 954-229-1660.

Legally changing your name back can include many different steps, including the following:

• Requesting an official name change in your divorce petition, so the final divorce decree includes a court order allowing you to change your name back;
• If your divorce decree does not include a name change order, you will need to file a Florida Petition for a Name Change to get a court order by that method;
• Collect the following documents in order to update your name on official documents:
• Use the above documents to change your name on your social security card, driver’s license, passport, and any other necessary forms of identification.
• Use your new documentation to change your name on bank accounts, credit accounts, with your employer for payroll, utilities, and any other relevant accounts.

Forgetting to request a name change order in your divorce petition does not mean you will not be able to change your name. However, it will add to the administrative and legal steps you will need to complete in the already complex divorce process. Having a highly experienced divorce attorney handling your case will help ensure the divorce process goes as smoothly and efficiently as possible.

Should You Change Your Name Back?

There are many factors to consider when deciding whether to go through the name change process following a divorce. If you have children with your former spouse, you should decide whether you want to keep the same last name as your children, since their legal names will not change in most circumstances. Changing a name back can help some divorced individuals to regain their sense of identity apart from their dissolved marriage. However, once you return to your maiden name, it is a legal action that is very difficult to undo, so the decision must be considered carefully. A qualified lawyer can help you make the right decision for you.

Discuss Your Divorce Case With a Boca Raton Family Law Attorney

Ending a marriage is a complicated legal matter and there are often many issues that require attention. For people without legal training, the entire process may seem complicated and difficult to navigate. Fortunately, the assistance of an experienced Boca Raton divorce attorney can make your divorce go as smoothly as possible and help ensure that any contested issues are resolved as favorably as possible. To schedule a free consultation with Florida attorney Alan R. Burton, call our office today at 954-229-1660.

The consequences of failing to appear without previously notifying the court can vary depending on the type of hearing scheduled, the reason for the hearing, and the reason for the failure to appear. For example, the following can occur:

• If your spouse fails to appear at the first court appearance and has also not filed a written answer to your divorce petition, you may request that the judge enter a default judgment granting the divorce. While your marriage may be dissolved with a default judgment, other issues including child custody or property division may not be settled
• If your spouse does not come to a hearing to decide certain issues in the divorce, the judge may either reschedule the hearing or may decide the issue based on your testimony alone, which can often work in your favor.
• In some cases, if the you believe your spouse is intentionally not showing up to hurt the case, you can ask the judge to hold them in contempt of court and they may face criminal penalties and an arrest warrant can be issued.

A former Florida state senator was held in criminal contempt after he failed to show up at two different divorce hearings and failed to give one of their dogs to his wife as ordered by the court. His appeal of the contempt finding went all the way to the Florida Supreme Court and has recently been sent back to the trial court due to due process considerations. This case goes to show how a failure to appear can drag out legal issues as the failure to appear occurred in 2011 and the case is still persisting.

Contact an Experienced Boca Raton Divorce Lawyer for Help Today

The consequences of missing any kind of court date in the course of divorce proceedings can be severe. The good news is that, if you have a qualified Boca Raton family law attorney handling your case, they can represent you in court and can ensure that you remain fully informed and aware of all hearing dates. Having a lawyer by your side can make court appearance much less stressful and intimidating and can result in a much more favorable outcome of your case. Divorce attorney Alan R. Burton can help you through every stage of your divorce case, so please do not hesitate to call us at 954-229-1660 to discuss your situation today.

Many individuals may not know where to begin in selecting a divorce attorney and how to make sure they make a quality choice. While you may be tempted to simply do a quick internet search and choose the first name, this may or may not be the right decision for you. Divorce is a sensitive legal matter that can have significant and long-lasting effects on your life, so you should always choose an attorney as carefully as you would choose a surgeon or other life-changing professional. The following are some things you may want to consider when you are deciding you will represent you throughout your divorce.

Do Your Friends Have Recommendations?

Asking friends or family members who have been divorced for attorney recommendations may be helpful. However, you should only seek advice from individuals whose divorce situation was similar to yours. For example, if a friend had no kids and no property, his or her legal needs are likely very different from a person who owns a home, has assets and investments, and/or has children. Every divorce is different, so take that into consideration when listening to recommendations.

Do You Get Along With the Lawyer?

In your first consultation, make note of the family law attorney’s likability, temperament, and whether you think they can relate to you. Divorce can be a long and emotional process and you want to be able to get along with and feel supported by the individual who is representing you.

Do They Listen to Your Goals?

Some individuals want to get a divorce finalized as quickly and efficiently as possible, while others are determined to obtain certain property or spousal support even if it takes more resources to do so. Find out whether the attorney has experience in handling divorces with your particular goals. Additionally, if you do not wish to battle it out in court, ask whether the lawyer regularly engages in alternative dispute resolution methods, including mediation or collaborative divorce.

Contact a Boca Raton Family Law Attorney to Discuss Your Case Today

At the family law office of Alan R. Burton in Boca Raton, we understand that choosing the right divorce attorney for you can be a daunting process. We will always be open and honest with you in answering your questions and helping you decide whether we are the best fit for you in your divorce. We have extensive experience handling a wide range of divorce and family law matters, including child custody, child support, spousal support, division or property, and more. Please call today at (954) 229-1660 to find out more about how we can help you.

Questions of Fault

In Florida, you must file for divorce on a “no-fault” basis, which means that no specific reason–such as adultery–can be given for the divorce. Insteading of blaming one spouse, all divorces are based on the assertion that the marriage is irretrievably broken. For this reason, adultery has no effect specifically on basic questions of fault in a divorce.

Alimony

Though adultery cannot be considered for fault purposes, it can be considered when the family court is making other determinations, such as whether to award alimony. However, the court cannot award alimony simply as a punishment for a cheating spouse. Instead, the court must further find that the adultery affected the non-cheating spouse’s need for financial support.

Child Custody Determinations

In addition to alimony determinations, a court may consider infidelity as a factor in deciding how to award physical and legal custody. For example, courts regularly examine the moral fitness of each parent when deciding what type of custody arrangement will be in the best interests of the child. Adultery, especially flagrant or particularly scandalous behavior, may lead the court to doubt the moral fitness of the spouse who cheated and may influence a decision to limit custody or timesharing if the court believes the affair had an adverse effect on the child’s well-being.

Division of Property

Florida law requires division of marital property to be equitable and fair based on the particular circumstances of the spouses. If the court finds that the unfaithful spouse spent marital assets on an affair that otherwise would have been divided, the court can award the other spouse more assets and property. Similarly, if the cheating spouse incurred debts to pay for an affair, the court may find that those debts are the sole responsibility of that spouse instead of dividing the debt balances between the two parties.

Call a Boca Raton Divorce Attorney for Help

As you can see, adultery can play a role in a divorce case. If you suspect that your spouse has been unfaithful or if your spouse has accused you of adultery, it may cause a number of potential complications throughout the divorce process. It is important that you have the representation of an experienced Boca Raton divorce lawyer and keep your lawyer fully informed regarding any possible issues or accusations that may arise during your divorce. Florida family law attorney Alan R. Burton understands how to face such issues head-on with your best interests in mind. Call our office today at (954) 229-1660 to talk about your case for free.

Having unrealistic expectations — If you march into a courtroom demanding an exorbitant and unjustified amount of spousal support or sole custody of your children when shared custody is appropriate, your case may be affected in many ways. First, if you refuse to agree to reasonable terms, your case may be delayed and many issues may be placed into the hands of the family law judge, who may not find in your favor. An attorney can help provide a realistic view of the potential terms of your divorce decree.

Assuming your spouse will cooperate — Many people optimistically expect their spouse to be cooperative and fair when discussing and agreeing upon the many terms of their divorce. Unfortunately, the divorce process can incite a lot of negative emotions and many spouses become difficult and resentful before the divorce is finalized. You should never fail to have an attorney simply because you expect fairness from your spouse. Having the representation of an experienced divorce lawyer will ensure that you have the needed legal support if your spouse becomes unreasonable.

Accepting a settlement agreement without the advice of an attorney — The legal system can be intimidating and, too often, lead you to agree to divorce terms that are actually unfair. Your spouse’s attorney may try to deflect from unfavorable terms or insinuate that you will not be able to obtain a better offer in order to convince you to sign an agreement. Do not allow yourself to be bullied by your spouse into signing anything without the advice of a qualified divorce attorney who has reviewed your case.

Making false claims against your spouse — If you want to receive a more favorable child custody arrangement or spousal support order, you may be tempted to exaggerate the faults of your spouse to the court or even to fabricate details. This is never wise, however, as such allegations must be adequately proven for a court to consider them. If you do not have evidence to support your claims against your spouse, a court will view your allegations unfavorably and may take action against you.

Call a Boca Raton Divorce Attorney for a Free Consultation

There are many legal mistakes individuals can make throughout the divorce process that can have potentially long-lasting consequences. At times, these mistakes can be irreversible and can affect your finances and relationship with your family. To avoid such errors, you should always have the guidance of a highly experienced family law attorney throughout your divorce case. If you are considering or facing divorce, please do not hesitate to call the office of Boca Raton divorce lawyer Alan R. Burton for assistance today.

Divorce Rate in Florida Higher Than the National Rate

Even though the percentage of marriages that ended in divorce last year hit a long-time low, the divorce rate for the state of Florida is still higher than the rate for the entire United States. People are still filing for divorce on a regular basis and still face all of the legal issues that can be related to a divorce case. Only some of the legal issues in a divorce include as follows:

• Division of property — Florida law requires that all marital property must be divided in an equitable manner between the spouses. Identifying all marital property and deciding on a fair way to divide it can be complicated.
• Custody and parenting agreements — Courts are expected to seek out a custody and parenting arrangement that is in the best interests of the child. An agreement must be signed that sets out many details of parenting, including time spent with each parent, who will make certain decisions, and more.
• Child support — In most cases, one parent will have to provide child support to the other based on a specific formula set out by law. The formula takes into consideration the respective income and expenses of the parents as well as the necessary expenses for each of their children.
• Spousal support — In some instances, one spouse may have to provide alimony to the other depending on the length of the marriage, their respective contributions to the marriage, and their respective ability to support themselves immediately following the divorce.
• Enforceability of a premarital agreement — If the spouses signed an agreement prior to marriage regarding the division of property and alimony in the event of divorce, one spouse may claim that the agreement is not enforceable for a variety of reasons and the other spouse will have to defend the enforceability of the agreement.

Some divorces can be more complicated and have unique issues based on the circumstances of the marriage. It is important to have an attorney on your side who can identify and handle any issues that may arise in your divorce case.

A Skilled Family Law Attorney in Boca Raton Can Help You

If you are facing a divorce, child custody issues, child support disputes, or any other family law-related legal matter, you should not wait to consult with qualified family lawyer Alan R. Burton in Boca Raton today. Mr. Burton has extensive experience handling a wide array of divorce and family-related cases and will always stand up for your best interests throughout your case. Your family is important, so call today at (954) 229-1660 for assistance.

Custody evaluations involve the appointment of a Guardian ad Litem (GAL) to protect the rights and best interests of the child. A forensic psychologist may also be appointed to help evaluate the situation. These professionals are expected to remain impartial regarding the two parents and focus solely on what type of custody arrangement may be best for the child.

An evaluation may include the following depending on the particular situation:

• Interviews with the child
• Interviews with each parent
• Observing the way the child interacts with each parent
• Interviewing doctors, teachers, or others who may help shed light on the parent-child relationships
• Psychological testing
• Alcohol and drug evaluations

When the evaluators feel they have gathered enough information to issue a recommendation, they turn a report in to the court.

Custody evaluators can take many different factors into consideration when making their recommendations, including each parent’s background, approach to parenting, opinions of the other parent, position, mental health status, as well as any incidences or accusations of domestic abuse or alienation of affection. They can also recommend that one or both parents attend parenting courses or therapy sessions as part of the arrangement.

Consult With an Attorney Before Your Evaluation

It is only natural that you will be nervous and stressed going into any evaluation interviews. However, there are certain things you should remember in order to receive the most favorable custody determination possible. An experienced family law attorney who understands how the Florida family courts handle custody evaluations can help prepare you for your interviews or meetings. A lawyer can advise you of common questions so that you are not surprised in the interview and inadvertently make a comment that can hurt your case.

Contact a Boca Raton Family Law Attorney for Assistance as Soon as Possible

Custody determinations are extremely important as they often directly affect your ability to develop and maintain a lasting relationship with your child. For this reason, you never want to go into a custody evaluation unprepared. Experienced family lawyer Alan R. Burton has helped numerous parents obtain positive custody arrangements that work for them and their children. Mr. Burton can also handle all other aspects of your divorce or family law case. If you are facing a divorce or custody case, you should not delay in calling our Boca Raton office at (954) 229-1660 for help today.

While this husband’s video entertained millions of viewers and his actions garnered international attention, pulling such a stunt is not advisable in the face of divorce from a financial and legal standpoint. In fact, in a Florida divorce case, that husband would likely face financial consequences for destroying marital property in such a manner.

Property Division in Accordance with Florida Law

Florida law mandates that division of all marital property must be equitable. Equitable does not mean equal (and especially does not mean cutting everything directly in half), but instead means that the division should be fair. What is fair will depend on many factors including the nature of the property, the length of the marriage, contributions to the household, and much more.

Many angry spouses may have the desire to destroy some of their marital property simply to keep their spouses from having it. This can include spending lavish amounts of money or physically destroying personal property. However, courts will take such behavior into consideration when making other determinations regarding the divorce case. For example, if you waste money or property, a court may award your spouse more of the remaining property to make up for it. Courts may also award your spouse additional alimony due to your wrongdoing. Furthermore, vengefully destroying property can also affect how a court views your character when making custody determinations. The court can also take into account whether you seem to be uncooperative in the divorce process when deciding what is fair and equitable.

In short, while sawing your property in half may make for an entertaining viral video, it will likely cause difficulty in your divorce case. It is always important to consult with an experienced divorce lawyer before taking any action regarding your property, especially before doing anything dramatic or impulsive that may affect your case.

An Experienced Boca Raton Divorce Attorney Can Help You

One of the main functions of a qualified divorce attorney is to advise you on what to do and what not to do throughout the course of your divorce case. A Boca Raton divorce lawyer will be able to provide an objective point of view with Florida’s divorce laws in mind to ensure you receive the most favorable outcome possible. If you are facing divorce or want to discuss any matter involving family law, call the law office of Alan R. Burton at (954) 229-1660 for assistance today.