Equitable Distribution: How to Divide My IRA?

In a divorce proceeding, the court will divide the parties’ marital property and debts in a process called “equitable distribution.”  The court starts with the presumption that property should be divided equally, but it may adjust the distribution based on various factors including (i) the relative economic circumstances of the parties, (ii) any interruption of personal careers or educational opportunities, and (iii) the intentional waste or destruction of assets.

Retirement accounts require special attention during the equitable distribution process.  George Saenz at Fox Business News discusses this:

Not only are you getting separated from your spouse, but also your money. An individual retirement account, or IRA, belongs to the spouse that established it. You generally cannot transfer money from one spouse’s IRA to the other spouse’s account. An exception exists in the case of a divorce.

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Divorce Saloon: Top 10 Things A Gentleman Should Do (Or Avoid) During Divorce

Divorce Saloon offers an interesting top 10 of how a gentleman should act during divorce:

1. Don’t call your soon to be ex-wife and her (female) lawyer by choice names.

2. If you are a public figure, refuse to air dirty laundry and speak about your wife’s private parts (Roseann Barr’s ex Tom Arnold, for example, made some references to her privates that very much were ungentlemanly, to say the least).

3. Don’t respond to violence from your spouse or with violence to your spouse.

4. Gentlemen can curse, but don’t go Mel Gibson.

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Word Cloud: Section 61.13, Florida Statutes

Sometimes I find it helpful to look at family law issues from a different angle, and hopefully gain a new perspective.  I will be experimenting with this concept by creating word clouds from different statutes, rules, or cases.

Word clouds take the most commonly used terms from a text and resize them according to their frequency of use.

The following word cloud, created using Wordle.net, breaks down section 61.13, Florida Statutes, the main law dealing with child custody orders:

Word Cloud - Section 61.13, Florida Statutes

Word Cloud - Section 61.13, Florida Statutes

If you have questions regarding child custody and wish to schedule a consultation with a family law attorney in Tampa Bay, call The Law Firm of Adam B. Cordover, P.A., at (813) 443-0615.

Blog for The Law Firm of Adam B. Cordover, P.A., Featured In News Clip

Website newsy.com has featured a recent article from ABC Family Law Blog, the official blog of The Law Firm of Adam B. Cordover, P.A., in a news video.  The video discusses the website Cheaterville.com.

ABC Family Law Blog Featured in News Video

ABC Family Law Blog Featured in News Video

 

 

ABC Family Law Blog Featured in News Video

ABC Family Law Blog Featured in News Video

 

Around the 1:30 mark of the video, ABC Family Law Blog is mentioned as follows:

A Florida Family Law Blog is also worried about people abusing the site— going so far as to suggest the site could interfere with custody disputes.  “One of the factors in custody decisions is the ability to facilitate a close relationship between a child and his or her other parent, a scathing post on Cheaterville may be seen by a judge as antithetical to a child’s best interest.”

You can see the whole video at the following link:  http://www.newsy.com/videos/welcome-to-cheaterville-cheaters-beware/.

Attorney Cordover Breaks 5K Record

Okay, so I broke a personal record and not a Guinness Book World Record, but nonetheless I’m proud of myself.  This weekend I ran the 2011 Hillsborough County Bar Association Judicial Pig Roast and 5K, and I finished in 26:50.

I also have to congratulate my nephew, Jake, who completed the 5K in less than 25 minutes.

The HCBA Judicial Pig Roast and 5K supports pro bono services in Hillsborough County, Florida.

 

Video: Name Change

The following video from lawinfo.com discusses name changes:

In Florida, name changes are governed by section 68.07 of the Florida Statutes.

A person can file for a change of name in the circuit court of the county where he or she resides.  Within the petition, which must be signed under oath, the person needs to make sure that he or she has provided all of the required information, including the following:

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Polygamy: A Basis for Annulment

Rose McDermott at the Wall Street Journal reports that cases of polygamy are becoming more common in Western countries:

Polygamy—or more specifically polygyny, the marriage of one man to more than one woman—has been widespread in human history. And it is becoming increasingly common, particularly in Muslim enclaves—including in Paris, London and New York.

A 2006 report by the National Consultative Commission on Human Rights reported that approximately 180,000 people were living in polygamous households in France. For decades, France allowed entrance to polygamous immigrants from about 50 countries where the practice was legal. When the French government banned polygamy in 1993, it tried to support the decohabitation of such couples if a wife wanted to move into her own apartment with her children.

In Britain, where immigration laws have banned the practice for longer, there appear to be about a thousand valid polygamous marriages, mostly among immigrants who married elsewhere, such as in Pakistan. Such families are allowed to collect social security benefits for each wife, although the government has apparently not counted how many are doing so.

In the United States, where numbers are more difficult to come by, anecdotal reports indicate underground communities of polygamists in New York City, particularly among immigrant communities from West Africa.

In Florida, one person cannot legally marry someone who is currently married to someone else.  Further, Florida does not recognize polygamist “marriages” that occur outside of the state or country.

So, does a person who has been in such a relationship, either knowingly or unwittingly (i.e., one party did not know that the other party was already married), have legal protections?

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A Parent’s Handbook for Raising Healthy Teens

Thank you to Uninterrupted TV for providing a link to “Navigating the Teen Years: A Parent’s Handbook for Raising Healthy Teens.”

This pamphlet is written by the National Youth Anti-Drug Media Campaign in cooperation with the American Academy of Pediatrics, National Campaign to Prevent Teen Pregnancy, National Prevention Network, NYU Child Study Center, and Parent Corps.

Bills Propose Changes to Alimony Laws

From TBO.com:

On Friday, the House Civil Justice Subcommittee unanimously approved [Florida Rep. Kelli] Stargel’s bill requiring judges to ensure that those who pay alimony do not wind up with significantly less net income than those who receive it. A companion bill in the Senate has been referred to several committees, but has not yet had a vote.

The bill also would limit permanent alimony – which now ends only upon death or the remarriage of the person receiving it – in favor of alimony for a limited time.

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Mixed Martial Artist Chuck Liddell Requests “Full Custody” of Child. What Should You Request?

TMZ.com reports that retired mixed martial artist Chuck Liddell requested “full custody” of his child in a California courtroom:

Chuck Liddell Requests "Full Custody"

Chuck Liddell Requests “Full Custody”

Chuck Liddell is in an L.A. courtroom asking a judge for full custody of his son, after the boy allegedly told him he didn’t want to live with his mom anymore.

Sources tell us 12-year-old Cade was visiting Chuck from Colorado, where he lives with [his] mom, Lori Geyer.  Chuck claims the boy was depressed and upset and didn’t want to go back.  And, Chuck says, Cade complained that he was “living with a severe toothache for 2 to 3 months.”

Chuck took Cade to a dentist, but feels his son’s “health and safety are at risk.”

Chuck’s lawyer mentioned in court the boy was allegedly abused by being forced to perform physical labor — including snow removal.

Though I frequently use the term “custody” when explaining family law issues to clients, the fact is that Florida courts no longer rule on “custody.”  Instead, a Florida judge will enter an order concerning “time-sharing” and “parental responsibility.”

Though this may seem like mere semantics, it is important to know what to ask for, and what a judge will grant.

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