What is Annulment of Marriage?

The secular and religious definitions of marriage annulment are similar in their essence.  According to Florida law, an annulment is when a court declares a couple unmarried on the grounds that their marriage is not valid. It is different from a dissolution of marriage (divorce).  In a divorce, the marriage was real, but a judge legally ends the marriage at the request of one or both parties. The law considers the marriage to have begun on the day of the couple’s wedding and to have ended on the day the court issued the divorce decree. Courts make decisions about spousal support based on these dates. For example, courts rarely award permanent alimony in cases in which the couple was married for less than 17 years.

By contrast, in an annulment of marriage, the court declares that the couple was never actually married because their marriage was never valid in the first place or has become invalid. In practice, if the couple has children together, the husband maintains his status as the children’s legal father and does not need to take any further action to establish paternity.

Void and Voidable Marriages

Florida’s rules about annulment come from case law (precedents set in previous legal decisions) and not from Florida’s Constitution or statutes. They recognize a difference between void and voidable marriage. A marriage is void if there was a circumstance that, if the court had known about it at the time of the marriage, then it never would have legally recognized the marriage. In Florida, marriages are void if the spouses are close blood relatives or if one spouse was legally married to someone else at the time he or she married the spouse seeking the annulment. Florida courts have considered marriages voidable for a number of reasons, including the following:

• Duress – Someone forced or pressured one or both spouses into the marriage.
• Temporary inability to consent – One spouse was too ill or intoxicated to understand his or her actions at the time of entering into the marriage.
• Lack of parental consent – A spouse younger than 18 years old entered the marriage without the consent of a parent or legal guardian.

Contact Alan Burton About Marriage Annulment Cases

Alan Burton works exclusively with family law cases, including those that involve annulment of marriage. Contact Alan R. Burton in Boca Raton, Florida if a court has declared your marriage void or voidable, or if you think that it should.

Unfortunately, though, things can get ugly in a divorce, especially when parents disagree about child custody arrangements. One parent sometimes argues that the other parent is unfit to spend a majority of the time with the children because of a pre-existing diagnosis of a mental health condition. If your former spouse does bring up your mental health history during divorce proceedings, will it affect the outcome of the case? Usually, it does not.

When Your Mental Health History Does Not Affect Parenting Plan Decisions

Under Florida’s current system of parenting plans, no two custody agreements are alike. The parenting-plan form is a multi-page questionnaire as long and complex as the longest tax forms.  Each decision regarding the children is a separate question; it is not simply a matter of one parent getting all or most of the custody of the children. The parents’ private health information usually does not factor into which decisions the judge approves in the parenting plan. The main goal is to cause as little disruption in the children’s lives as possible. Consider that, if a parent were undergoing treatment for a physical illness while the parents were married, most of the time it would not be a factor in the parenting agreement. The same usually applies to mental illnesses.  Furthermore, the parent’s psychiatrist cannot be asked to reveal the parent’s private health situation in court, except in the case of a true emergency, such as a suicide attempt or involuntary hospitalization.

When Your Mental Health History can Affect Parenting Plan Decisions

As stated above, a mental health emergency that happens during the divorce proceedings can become a factor in the case. Simply being treated for a mental illness currently or in the past is none of the court’s business. There is a considerable gray area where addiction is concerned, but if you are compliant with your addiction treatment and have a long record of sobriety since being diagnosed with an addiction, it should not preclude you from being able to spend a substantial amount of time with your children and having a strong voice in parenting decisions.

Contact Alan R. Burton About Child Custody Cases and Parenting Plans

If you think that a judge has unfairly used your mental health history against you, you can still seek to modify your parenting plan in a way that is more favorable to you. Contact Alan R. Burton in Boca Raton, Florida about amending your parenting plan.

The Facts of the Parker v. Parker Case

Parker v. Parker made news as the case in which a Florida court ordered a man to continue to pay child support for his ex-wife’s son even after a DNA test proved that he was not the child’s biological father.  When Richard Parker and his wife Margaret initiated their divorce, their son was more than a year old. The court ordered Richard to pay $1,200 per month in child support.  Richard fell behind on the child support payments, and the court tried to enforce payment of them. Richard responded by expressing doubt that he was the child’s biological father, as Margaret had been unfaithful to him during the marriage.  Even after the family underwent DNA testing, and the results showed the Richard was not the biological father, the court required him to continue paying child support. Why would a court order a man to pay child support for a child of whom he was not the biological father and whom he did not adopt?

Protecting the Best Interest of the Child

The short answer as to why the court did not release Richard Parker from his child support obligations is “statute of limitations.” The court argued that if Richard had serious doubts about his genetic relationship to the child, he should have raised the issue at the time the divorce papers were filed. The statute of limitations would have given him one year from the time of filing. In actuality, he waited 16 months. To the court, it appeared that Richard only thought to challenge his paternity as a last resort to get out from under a heavy burden of child support obligations.

In awarding rights and obligations to a child’s legal parents, the court must prioritize the best interests of the child. Richard Parker had raised his wife’s son since birth and he seemed to want to continue to be involved in the child’s life, even after the results of the DNA test were revealed.  The family court system is committed to seeing that children are cared for and financially supported; it protects them from being used as a weapon by adults, to punish their ex-spouses.

Alan R. Burton Will Protect Your Child’s Interests and Yours

Paternity is one of the most complex issues in Florida law, and one where a wise and compassionate attorney is most needed.  Contact Alan R. Burton in Boca Raton, Florida about cases involving paternity and child support.

What Rights Do Fathers Have?

You might think that going through the process to establish paternity is unnecessary red tape, especially if you communicate well enough with your child’s mother that there have never been any major disagreements about the child. You might have an unwritten agreement where you take care of the child at certain times and provide some financial support to the child. Without legally establishing paternity, though, anything can change. What if a new partner enters the picture? What if one of you decides to move out of state?

A child’s legal father has certain rights and obligations regarding his children.

• Physical custody: The court can enforce the father’s right to spend a certain number of days per year with the children. (This is called “timesharing” in the Florida parenting plan.)
• Legal custody: The father has the right to act on the children’s behalf and make major decisions regarding them. This is especially important regarding schools; legal custody is the right to decide everything from which school the children attend to which extracurricular activities they can do.
• Child support: You might not think of paying child support as a “right,” but Florida law also considers the father’s needs and ability to pay in determining how much child support her should pay. If the children spend more time with you and your income is lower than your ex’s, the court might require her to pay child support.

How to Get the Court to Recognize You as the Child’s Father

The easiest way for an unmarried father to become recognized as the legal father is to file a Voluntary Acknowledgement of Paternity. Once you and the child’s mother file this signed statement with the court, it will become legally binding 60 days later. The court may or may not ask you to take a DNA test to prove that you are the biological father of the child.

Burton Law Is Here to Help Fathers

When you have established legal paternity, the court cannot take your children away from you, except in very extreme circumstances. Contact Alan Burton in Palm Beach County in order to have the court legally acknowledge you as the father of your children.

Florida law authorizes a court to impute monthly income to a voluntarily unemployed parent.  Florida Statute 61.30(2)(b) authorizes the imputation of income.

A trial court must engage in a two-step process when they are asked to impute income to an unemployed parent. First, the court must conclude that the termination of income was voluntary.  An example of voluntary employment occurs when you are terminated from your employment based on your own actions or misconduct.  See the case of Heard v. Perales ( Florida 4th DCA 2015) for a further discussion on this topic.

Second, once a court determines that the unemployment was voluntary, the court must then consider whether “the subsequent unemployment” resulted from the spouse’s pursuit of his or her own interests or through less than diligent and bona fide efforts to find employment paying income at a level equal to or better than that formerly received.”  Diligence or lack thereof in seeking employment is the key to the second step.

If you are looking to impute income to your spouse, the trial court places that burden of proof squarely on your shoulders.  You must prove both employability and that jobs are available to your spouse.  See the case of Durand v. Durand, 16 So.3rd 982, 985 (Florida 4th DCA 2009).

The welfare of your minor child in a divorce case should be your primary concern.  Maximizing the child support that you will be collecting for the benefit of your child should not be overlooked.  Every factor involved in the computation of child support should be carefully examined,  and Boca Raton Divorce Attorney Alan R. Burton has the experience you need to assist you in maximizing the child support you receive.  Call Attorney Alan R. Burton today at 954–295–9222 for  a free consultation and assistance with your case.

If a final judgment fails to consider all of the factors set forth in Florida Statute 61.08, the judgment is fatal, and the award or denial of alimony will be reversed and remanded to the trial court for further consideration.

This problem arose in a recent case from Broward County, Florida. In the case of Badgley  v. Sanchez, 165 So3d 742 (2015), the trial court failed to consider all of the statutory factors in making an award of alimony.  The appellate court took note of the fact that some of the statutory factors were considered, but not all of them.  The appellate court stated that a failure to consider all of the mandated factors is reversible error.

An award of alimony is also based on the parties net incomes, when the court is assessing the need of one party and the ability to pay of the other.  If the need does not exist, the discussion of alimony should end at that point.

Sending a case back to the trial court for further consideration on remand can be a costly and unnecessary expense, not to mention the additional stress that a reconsideration can create.  It’s important to get these issues right the first time.  An experienced divorce attorney can substantially reduce the risk of having a case reversed on appeal.  Divorce Attorney Alan R. Burton has over 40 years of trial experience, and has the ability to present your case to a trial judge in a clear, concise and complete fashion.  Mr. Burton has offices in Boca Raton, Florida and Ft. Lauderdale, Florida. He is readily accessible by calling him at 954–295–9222.  Call him today for assistance with your divorce.

At a minimum, a parenting plan must include the following: (1) A description as to how the parents will share and be responsible for the daily tasks associated with the upbringing of the child; (2) the time sharing schedule arrangements that specify the time that the minor child will spend with each parent; (3) which parent will be responsible for health care; (4) school related matters, including the address to be used for school boundary determination and registration; (5) other activities that the minor child may be involved with and who shall bear the expense of those activities; (6) the various methods in which the parents shall communicate with the child.

A parenting plan can be as detailed as the parents require, and can provide for any specific situation concerning the family.

The Court Can Establish a Parenting Plan

Often times it is difficult for the parents to reach an agreement concerning the time-sharing of their child. If the parties are unable to reach their own agreement, the court will establish the time-sharing schedule, as well as other matters regarding the parenting plan. The court will make the final determination considering the best interests of the minor child.

Parent should keep in mind that it is the public policy of the State of Florida that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved, and to encourage parents to share the rights and responsibilities, and joys, of child rearing.

There is no presumption under Florida law that favors either the mother or the father in consideration of a parenting plan or time-sharing schedule.

Speak to an Experienced Divorce Attorney in Boca Raton for Help

Experienced divorce attorney Alan R. Burton fully understands the stress and trauma that is associated with the divorce process. Thinking clearly while under stress, especially when issues concern your children, is not always easy.  I can put you at ease with the experience I have gathered over the past 40 years, and assist you in creating a viable parenting plan that will work well for you and your family.   Feel free to call me directly on my cell phone at 954–295–9222 or my office at 954–229–1660 for a free consultation and for your peace of mind.

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.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

The following are some terms that must be decided upon and put into writing:

• The schedule regarding when a child will physically reside with each parent;
• A specific description about how you will share in raising your child on a daily basis and who will be responsible for specific tasks;
• How the parents will communicate with each other and with the child when they are not physically together, such as text message or calling on the phone;
• Who will make decisions regarding the child’s health care;
• Whose address will be used to determine which school the child will attend and for registration at the school;
• Who will be responsible for extracurricular activities and sports.

In addition to necessary provisions, parents can include other information to make future decisions easier and to avoid conflict. For example, they can decide in advance who will get to take the child on vacation during which time of the year. They can also set out instructions on how they will settle conflicts regarding parenting should they arise. Often, this can keep parents out of court in the future and avoid the cost and stress on themselves and their child of having a court resolve parenting and time-sharing issues.

Contact an Experienced Boca Raton Family Law Attorney for a Consultation

If you are facing a time-sharing and visitation case, you should always have the guidance and representation of an experienced Boca Raton family lawyer. Attorney Alan R. Burton can assist you in coming to a favorable arrangement with only minimal involvement of the courts. Please call our office today at (954) 229-1660 for assistance.

Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

Prenuptial Agreements

If you sign a premarital agreement, you must have the mental capacity to understand the provisions of the agreement and the effects of the agreement should you get divorced in the future. If you did not have the ability to understand what you were signing at the time you signed, the agreement may be declared invalid.

Divorce

Mental incapacity is important in Florida divorce in more than one way. First, a Florida statute permits a spouse to get a divorce if they have been djudged to be mentally incapacitated for at least three years prior to the divorce filing. In such cases, the individual’s guardian or representative family member will be notified and will be able to appear in court on his or her behalf.

Additionally, Florida family courts will not grant a divorce that was filed by a mentally incapacitated person who does not understand the effect of a divorce. For example, a Palm Beach County judge recently ruled that an 87-year-old man with dementia could not be granted a divorce. His wife argued that his children are manipulating him for financial purposes to pursue divorce and that he would not actually want a divorce if he understood what was happening. The court agreed and dismissed the divorce case.

Child Custody

If one parent is mentally incapacitated, they will likely be unable to properly care for a child. Therefore, in such cases, the court may determine that it is in the best interests of the child to award full custody to the other parent or only provide for limited supervised visits with the incapacitated parent.

A Qualified Boca Raton Family Law Attorney Can Help

Having the requisite mental capacity is only one of many potential issues in marriage, divorce, and other family law matters. Each case will have unique legal questions and you always want to make sure you have an attorney handling your case who understands how to identify and address any potential issues. If you have any type of family law matter, you should not delay in discussing your situation with Boca divorce lawyer Alan R. Burton today. Call (954) 229-1660 for a free consultation.

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.

If Lois remains married to Martin until his death, she would retain access to their homes in Palm Beach and New York City, their cars, their club memberships and art, and will receive an estimated $10 million. If the judge grants the divorce, Lois will receive none of Martin’s $50 million dollar estate based on a prenuptial agreement they signed prior to marriage and his children will instead inherit all of his wealth. The judge stated that he will have to determine whether or not each side is simply fighting over money or whether they truly have Martin’s best interests in mind. Each side, of course, claims the case is not about the money.

Divorce Involving an Incapacitated Person in Florida

Florida has a law in place intended to protect mentally incapacitated individuals whose spouses try to divorce them while they cannot defend their rights. The statute requires the filing spouse to wait until the incapacitation has lasted for at least three years before a court can grant a divorce. However, the incapacitated person is generally not the one who is seeking the divorce in the first place.

Even though the probate judge last year found that Martin Zelman had the capacity to file legal claims, the family court could decide that Martin is an incompetent witness, which would halt the divorce proceedings. If the court finds that he does not have the adequate capacity to get divorced, the judge could also potentially make them wait at least three years under the law. It is not clear what this waiting period would accomplish in this particular case, however, as Lois does not want to get divorced. We will have to wait and see what the court decides at an upcoming hearing.

An Experienced Boca Raton Divorce Attorney Can Help You With Your Case

Divorce cases can have many unique issues and you always want to have a lawyer handling your case who thoroughly understands Florida divorce laws and how they apply to your unique situation. Family law attorney Alan R. Burton knows how to handle even the most complicated divorce cases and will always zealously defend your rights. If you are facing divorce or any other type of family law matter, please call our Boca Raton office today at (954) 229-1660 to discuss how we can assist you.

House Bill 7111, approved by the House Judiciary Committee on April 2, 2015, would allow any private adoption or child-placement agency that receives state funds to cite moral or religious grounds to deny adoptions to gay couples or individuals without risking their funding. The bill seems to be a direct and hasty response to the House of Representative’s vote to strike down the Florida ban on adoption by same-sex couples. Democratic legislators and organizations such as Equality Florida is speaking out against the bill as openly allowing discrimination. Representative Dave Kerner stated that any adoption agents who would discriminate should not be in the adoption business.

Adoption can be stressful

Private adoption is already a lengthy and stressful process for prospective parents. Costs are high and wait times are long and, generally, only couples who truly want to give a child a good home are willing to go through the difficult process. With 82 private adoption agencies in the state, the restriction on gay couples who can provide a good home could be significant if agencies were to claim religious or moral reasons. Supporters of the bill advise same-sex couples to seek adoption through the Florida Department of Children and Families. However, many birth mothers choose to go through private agencies and placements for those children may become more limited.

Other opponents believe that this bill may be a slippery slope to allow other types of discrimination in adoption, including based on race, previous divorce, or other factors that should not necessarily come into play in adoption decisions. The bill will now go to vote in both the Florida House of Representatives and the Senate before it can go to the Governor to sign into law. The eyes of the nation will be watching to see if Florida follows in Indiana’s footsteps in passing a religious freedom law that potentially limits the ability of same-sex couples to adopt children.

Contact an Experienced Boca Raton Family Law Attorney for Help Today

If you have any legal question or issue related to family law matters, including child custody, adoption, divorce, and more, you should never hesitate to call an experienced family lawyer for advice and assistance. At the law office of Alan R. Burton, we are committed to helping families in Florida obtain the best possible outcome in any legal case. We understand how stressful family issues can be and will always stand up for your best interests. Call our office in Boca Raton today for help.

The “Facebooking” Judge in Florida faces Charges

Earlier this year, Circuit Judge Linda Schoonover was removed from a divorce case that had a large amount of money at stake. Judge Schoonover went on Facebook and submitted a “friend” request to the wife in the case, Sandra Chace, a successful commercial real estate agent. Unsure of what to do, Chace consulted with her attorney, who advised her to deny the friend request.

Apparently upset that Chace rebuffed her request, Judge Schoonover then ruled that Chace should be responsible for the majority of the marital debt, as well as ordered Chace to pay her husband an excessive alimony award. Chace requested that the judge remove herself from the case, and successfully took the request before the Florida Fifth Circuit Court of Appeals, which ruled that Judge Schoonover participated in unethical ex parte communications with Chace by contacting her on social media.

Ex parte communications are any material communications between a judge and a party or attorney in a case without a record of the communication or notice to all involved parties of the communication. Such communications can affect the impartiality of a judge in a case, or at least can make one party fear that they are not receiving a fair adjudication. For this reason, ex parte communications are prohibited and deemed unethical. If a judge participates in such ex parte communications, an attorney can make a strong argument for the removal of that judge from the case.

Apparently, this was not the first time Judge Schoonover had inappropriately participated in ex parte communications via social media. Previously, the judge friended a City Commissioner while she was presiding over her divorce case. The Commissioner apparently updated her status to say that she hoped “justice comes swiftly” to her husband, and the judge inappropriately commented, “Yep, justice comes swiftly.” In that case, the judge did remove herself at the husband’s request once he heard of the Facebook comment.

Judge Schoonover now faces numerous ethics charges stemming out of the Chace divorce case, as well as other “bizarre” and “paranoid” behavior, including installing hidden cameras in her chambers and calling law enforcement to report her office had been bugged.

The ethics charges demonstrate that not every judge is capable of being impartial in every case, so you should always have a family lawyer handling your case who can identify troubling behavior from the court. If you have a family law case, contact experienced Boca Raton attorney Alan R. Burton today

How to Obtain a Marriage License

Though you must be a resident of Florida to get a divorce, you do not have to be a resident of Florida to get married in the state. In fact, many people have destination weddings in the area and should remember that, if they are getting married in Florida, they must apply for a marriage license in Florida and not in their state of residence.

If you are getting married in Boca Raton or anywhere in the area, you may apply for a license at any of the Palm Beach Clerk & Comptroller locations. Both you and your spouse-to-be must be present at the time of application. Each of you must identify yourself by providing one of the following:

• Passport;
• United States driver’s license; or
• Other state or federal identification card.

If one or both parties are under the age of 18, they must also provide a birth certificate and a parental consent form. Additionally, the parents must be present with their own identification, which must match the name on the minor’s birth certificate. For minors under age 16, they must also provide proof that they are the expectant parents or parents of a child.

Couples from outside of Florida have no waiting period and may receive their license immediately. Generally, Florida residents must wait three days to obtain a license, however this waiting period is not necessary if the couple shows proof that they attended a registered premarital course. All couples may also receive a discount on the marriage license fees if they show proof of completion of a premarital course.

It is imperative that you follow all of the marriage license guidelines prior to getting married, otherwise your marriage will not be recognized by the state of Florida–or by any state, for that matter. Not having a legally valid marriage can cause significant complications down the road, especially if you ever decide to get divorced. If you failed to get a marriage license and were never legally married, you will not be granted a divorce and the state laws regulating dissolution of marriage will not apply. This means you never legally had any marital property, and will not necessarily be entitled to equitable division of property. Additionally, you will not be eligible for any type of spousal support. These are only some complications that may occur if you do not have a valid marriage.

Contact an Attorney for Help

Experienced Boca Raton family law attorney Alan Burton handles all matters that relate to pre-marriage, marriage, divorce, and more. If you are planning to get married and have any questions or legal concerns, do not hesitate to contact our office for help at (954) 229-1660 today.

Florida family laws cover a wide range of topics and set out specific provisions for the handling of family matters by the courts. Therefore, the vocabulary regarding family law cases is very specific, and may include numerous terms with which most people may be unfamiliar. The following are just a few common terms that you may hear throughout your family law case, as well as a brief explanation of their meanings.

Abandonment: A term that refers to when one party has deserted their spouse and children and has failed to provide support or to have a substantial or meaningful relationship with them.

Alimony: Another term for spousal support or maintenance following a divorce. Under certain circumstances, a court may order one of four types of alimony–bridge-the-gap, rehabilitative, durational, or permanent.

Arbitration: The process in which a neutral third party acts as a private judge to rule on a divorce agreement out of court. An arbitration agreement is legally binding with limited exceptions.

Collaborative law: Divorcing spouses and their attorneys agree in advance not to take the case to court and work together to come to an agreement. If the case does go to litigation, each party must find a new attorney.

Contested divorce: A divorce in which the parties cannot agree on one or more provisions of the divorce agreement, including custody, property division, support, and more.

Ex-Parte: A divorce proceeding that can take place, under limited circumstances, with only one of the spouses involved.

Guardian Ad Litem: A person a court may appoint to advocate for a child’s best interests in custody or support proceedings.

Mediation: A process using an impartial third party who is trained to assist parties in negotiating a divorce agreement without having to litigate.

No-Fault Divorce: Type of divorce in Florida in which a spouse does not have to allege that the other party did something wrong, such as adultery.

Parenting Plan: A plan the court approves that details how each parent will share and be responsible for the daily upbringing of the child, including visitation schedules.

Petition: The document filed with the court requesting the dissolution of your marriage.

Prenuptial Agreement: A contract drafted and signed before marriage that set out provisions should the couple get divorced.

Restraining Order: A court order that can protect a victim of domestic violence and their children from contact with the abuser.

Uncontested Divorce: A divorce in which both spouses agree on all terms of the divorce agreement without requiring litigation, mediation, or other negotiations.

These are only some of the terms that you may hear in family law matters. If you have any type of family issue or questions regarding the law, contact experienced Boca Raton and Fort Lauderdale family lawyer Alan R. Burton for help today.