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.

Successful service of divorce papers is an essential part of any marriage dissolution case because of the highly significant familial and financial effects that ending a marriage may have on an individual’s life. Though the civil procedure rules generally only specify that service of process can occur in person, by posting, or by mail, there have long been alternate arrangements allowed by the courts when the above methods proved unsuccessful. Over the past decade, email has become an increasingly used alternative option for service of process when other methods prove challenging.

Now, the judge hearing Baidoo’s case agreed that she could use Facebook to try to serve her divorce papers with some conditions:

• Baidoo had to sufficiently prove that the Facebook profile she found for her husband was, in fact, actually connected to her husband’s account; and
• She must demonstrate that he checked his Facebook account regularly so that it would be likely that he would see the service of process before the deadline to respond passed.

Baidoo was able to use her regular communications with her husband via his Facebook account as both proof that the account belonged to him and that he logged on regularly.

The judge in the case noted that the court had the right to direct how service of process may be completed and that perhaps social media was the “new frontier” in electronic service options. If Baidoo’s husband still chose not to respond to the divorce summons, she may likely be able to secure a default divorce against him as she seeks no financial compensation but merely the end of her marriage. Though Facebook service should not be expected to be allowed in many different cases, it may be an innovative tool to complete service in particularly challenging situations in which a spouse may not be located.

Find Out How an Experienced Family Law Attorney Can Help With Your Divorce Case

Many divorce cases have unique issues–such as service of process challenges–that may require creative solutions like using social media or other resources. An experienced divorce attorney will know how to resolve a wide range of issues that may arise throughout the course of your divorce case and will be able to communicate with the court to ensure your needs are met and your rights are upheld. Family lawyer Alan R. Burton routinely helps clients facing unique family law matters and will always work for the most favorable outcome in your case. Call our office in Boca Raton at (954) 229-1660 for a free consultation today.

Plan way ahead — Many couples decide to tackle the issues and possible complications of summer custody from the very start–during the original custody case. When they are negotiating the initial parenting and time-sharing plan to be approved by the family court, parents can try to foresee any scheduling issues over the summer and can come up with solutions that are set out in the agreement. If a conflict arises at a later date, they can refer to the parenting plan to resolve the issue.

Plan your summer calendar in advance — If you want to take your child to a concert, festival, or on a camping trip, you should try to fill out your calendar of events as early as possible. While being spontaneous can be fun, events may conflict with something the other parent wishes to do or may fall during the other parent’s custody time. For example, you do not want to both plan a weekend getaway for Fourth of July, expecting that the other one will agree to it. Instead, discuss your calendar and solve any conflicts up front before summer begins.

Always give notice of a vacation — If you plan a vacation during your scheduled custody time, there may be no conflicts about scheduling at all. Too many people believe that this means they do not have to inform the other parent that they are leaving town with the kids. However, it is important to inform the other parent of your trip for safety and emergency purposes. If you fail to inform them, you may find yourself in court having to explain yourself or, in more serious situations, may face accusations of interference with custody.

If you and the other parent are still having issues regarding summer vacation custody rights, you can consult with an experienced family law attorney who knows how to best negotiate and resolve custody disputes in a favorable way. At the law office of Alan R. Burton in Boca Raton, we can help you to plan for an enjoyable and hopefully conflict-free summer vacation with your children. Call our office for help today at (954) 229-1660.

Couples have become more creative when making name-change decisions. Some couples choose to hyphenate both names, some men take their wife’s last name, and others come up with a completely new name to share. Whatever you decide, the following factors should be considered:

• Romantic traditions
• An already-established professional reputation and identity
• Both parents having the same last name as your children
• Cultural importance or other meaning attached to your maiden name
• Whether a new last name is aesthetically pleasing
• Societal implications of giving up your independent identity
• The inconvenience of a name change (and maybe changing it back if the marriage fails)

You should weigh all of factors seriously before making a decision because a legal name change cannot easily be undone.

If you make the decision to change your name after marriage, you should be sure to take all the necessary steps. You will have to go through the process of changing your name on all of the following and more:

• Passport
• Social Security card
• Driver’s license
• Lease or mortgage
• Voting registration
• Credit and bank accounts

• Investment accounts
• Health and life insurance
• Post office
• Estate planning documents
• Payroll
• Tax withholding documents

These will need to be handled in a particular order, as you will likely need your update identification in order to successfully change your name on most accounts. You will likely need a certified copy (or multiple copies) of your marriage certificate to present to different agencies. Additionally, you should always wait to start the name change process until after your honeymoon. If you purchased any tickets prior to marriage under your maiden name, you will need identification with a name that matches your tickets and reservations. In the event that you decide to get divorced and you have changed your name, you will need to go through the name change process again, provided you decide to return to your maiden name. This will require a certified copy of your divorce decree showing that the judge granted you the ability to go back to your maiden name.

If you need any assistance or advice regarding changing your name or any other legal issue related to marriage, divorce, or family, please do not hesitate to call the law firm of Alan R. Burton in Boca Raton at (954) 229-1660 for help today.

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.

Under the new law, courts would also have significantly less discretion in alimony awards and the formula would instead closer resemble child support determinations, which are based on a specific income-driven formula. Instead of arbitrarily choosing alimony amounts and the length of awards, courts would use a formula that considered the income of each spouse, the length of the marriage, and other specific factors. Courts would still have the discretion to go outside the guidelines when they believe there is justification to do so. However, the guidelines would largely help to standardize alimony awards so spouses would have a better idea of what to expect in a pending divorce case. Additionally, there would always be an end date for an alimony award.

Some of the other changes to alimony laws that would take place should the bill pass include as follows:

• Courts would need to consider whether parties are living up to their earning potential prior to awarding them alimony.
• Alimony increases will not be simply tied to increases in income for the payer.
• If the alimony payer remarries, a new spouse’s income and assets will not be considered as a factor in increasing alimony.
• Retirement will constitute a “substantial change in circumstances” that allows the payer to request a reduction or elimination of payments.
• No alimony will be awarded to a spouse married less than two years unless extreme circumstances exist.
• No individual will have to pay combined alimony and child support over 55 percent of their net earnings.

Such alimony reform will likely ease the fears of spouses divorcing after lengthy marriages that they will be handing over large payments indefinitely. However, the bill is not meant to solely benefit the alimony payer. Due to the standardized formula, many spouses will be awarded greater alimony than they may have been otherwise. The bill aims to promote fairness and balance between both payer and payee, though whether it will become law is yet to be seen.

An Experienced Boca Raton Family Law Attorney Can Answer Your Questions

Many people considering divorce in Florida may have concerns about the changes in the family laws and may wonder whether it is better to file for divorce before or after the potential change in the alimony laws. An experienced divorce lawyer can evaluate your individual situation and provide advice on what is in your best interests, as well as guide you through the divorce process. Please do not hesitate to call Boca Raton attorney Alan R. Burton for assistance today.