This is Why Florida is a “No Fault” Divorce State

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Florida is a “No Fault” divorce state.  This means that parties do not have to accuse one another of doing harm to the marriage, such as by committing adultery or domestic violence, for a judge to grant a dissolution of marriage.  Rather, a party merely needs to allege that the marriage is “irretrievably broken.”

The usual test that a Tampa Bay judge gives to determine whether the marriage is irretrievably broken is to ask the question, “Would therapy or counseling help repair the marriage?”  If either party states that counseling would not help, a final decree of divorce will likely be granted.

As it turns out, England is not a “No Fault” divorce jurisdiction.  The New York Times reports that, since English parties must give reasons for seeking divorce, the court record is filled with highly personal, and sometimes downright wacky, divorce allegations.  Below are some of those allegations:

  • A husband insisted that his wife dress in a Klingon costume and speak to him in Klingon;
  • A wife maliciously and repeatedly served her husband the food he least liked: tuna casserole;
  • A wife spitefully tampered with her husband’s television antenna and, even worse, threw away his cold cuts; Read more →

Tax Issues for Divorcing Spouses to Look Into

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Mandi Woodruff at the Business Insider provides the following tips for divorcing spouses:

Procrastinating. If you’re newly divorced and haven’t filed taxes as you read this article, you might want to get a move on it. First of all, there’s no telling how willing your ex will be to fork over his or her tax records, which could throw a major roadblock in your way. And if you’re relying on a CPA or tax preparer to play mediator, chances are high they’ll be too swamped this late in the season to field your last-minute questions.

Setting yourself up for liability by filing jointly. Every couple has to decide whether to file as married (joint) or married (filing separately) after a divorce. There’s a big difference here, which is that filing jointly means you’re on the hook if your ex winds up in tax trouble. “You’re liable for everything on the tax return even if it’s related to your spouse,” Mindel says.

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TMH v. DMT: Florida Appellate Court Recognizes Parental Rights of Both Lesbian Mothers in Case of Fertilized Egg Transplant

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Here’s the story:  Two women are in a committed lesbian relationship when they decide to have a child together using reproductive technologies.  One woman (the “Genetic Mother”) supplies the egg and has it fertilized.  That egg is then implanted into her partner (the “Birth Mother”) who gives birth in 2004.

Related:  Five Legal Steps Florida LGBT Parents Should Take

[Related:  In A Florida Child Custody Case, Does It Matter That I Am Gay?]

[Related:  In Which County Should I File My Florida Adoption Case?]

The child is given a hyphenated last name, combining the names of the Birth Mother and Genetic Mother.  Birth announcements are sent out, proclaiming both partners to be mothers of the child.  The partners reside with one another and the child in Florida, and they all live happily ever after.

Until 2006, when the Birth Mother and Genetic Mother break up.

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Does Florida Have A Waiting Period For Divorce?

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Oftentimes when potential clients come into my office for a consultation, I get asked the following question:  “Does Florida have a waiting period for divorce?”

In fact, Florida does have a waiting period.

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No Changes to Florida Alimony Laws

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In previous posts, I had written about proposed changes to the Florida Alimony Statute (section 61.08, Florida Statutes) that were under consideration in Florida Senate Bill 748 and Florida House Bill 549.

Well, as it turns out, neither of these bills passed in the Florida Legislature’s 2012 session. On March 9, the Senate Bill died in Rules, while the House Bill died in Judiciary.

If you have questions concerning your Florida alimony case and you are looking to retain a Tampa Bay alimony attorney, contact The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or by filling out our online form.

Hillsborough Clerk Provides Update to e-Filing Status

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I’ve recently been writing about e-Filing in Tampa Bay Family Law cases.  Many attorneys, like myself, are pushing for swift and comprehensive implementation of e-Filing (the option of filing documents electronically through the internet rather than sending a paper copy to the physical location of the clerk of the court) because, as I wrote in a previous post regarding the related concept of a “paperless office,”

money is saved on paper and postage; space is saved from bulky file cabinets; trees are saved from being cut down; and time is saved by quick transmittal of documents via e-mail.  This usually also translates to savings for the customer or client.

It looks like Hillsborough County is targeting July 2012 to implement e-Filing for family law cases.  From the Hillsborough Clerk of the Court:

 In 2009, the Florida Legislature enacted Chapter 2009-61, Laws of Florida, mandating that the Supreme Court of Florida create statewide standards for electronic filing of court documents.  Governor Charlie Crist signed the bill into law.  On July 1 of that year, the Florida Supreme Court responded with Supreme Court Administrative Order 09-30, which outlined the first set of statewide standards for electronic filing of court documents.  One of the standards required that a portal be created through which electronically filed court documents could be sent.  The standards are outlined for all 67 Clerks of Court in the State of Florida to follow to implement electronic filing of court documents.

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Can Smoking Affect Your Child Custody Case?

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As a former cigarette smoker, an article in the Washington Times regarding smoking and child custody piqued my interest. Below is an excerpt:

States are increasingly factoring in cigarette smoking in making decisions about who gets custody of minor children. The group Action on Smoking and Health, an anti-tobacco advocacy group, surveyed custody issues involving cigarettes and tobacco use.

  • In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.
  • No judge and no court has ever ruled that subjecting a child to tobacco smoke should be ignored in deciding custody.
  • In thousands of cases, courts have issued orders prohibiting smoking in the presence of a child, especially in vehicles.

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Tampa Bay Clerks of the Court Slow to Implement e-Filing

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You may have heard of the term “paperless office,” where documents are stored on networks and hard drives rather than in physical drawers and filing cabinets.  The advantages of the paperless office over traditional means of storing documents include the following: money is saved on paper and postage; space is saved from bulky file cabinets; trees are saved from being cut down; and time is saved by quick transmittal of documents via e-mail.  This usually also translates to savings for the customer or client.

Well, the Florida Courts have set their sights on a paperless court system.  This starts out with e-filing (the filing of documents via the internet rather than dropping off paper copies).  e-Filing began through Florida’s e-Filing Portal in January 2012, and the clerks of the Court have set a goal to have all counties accepting e-filing for their civil (non-criminal) divisions through the Portal by July 1, 2012.

Many counties have been quick to implement e-filing through the Portal.  In fact, according to a presentation provided at the February 1, 2012, e-Filing Authority Board Meeting, 41 counties now accept at least some filing electronically through the portal.  Polk County is included in these counties, though it does not yet accept e-filing for family law cases.

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Maryland To Recognize Gay Marriage

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According to the Washington Post, Maryland will likely become the seventh state to recognize gay marriage:

Related:  Five Legal Steps Florida LGBT Parents Should Take

A bill that would legalize same-sex marriage in Maryland was approved by the state Senate, which advanced a measure that narrowly cleared the House of Delegates last week.

The final vote by the state Senate ended a yearlong drama in Annapolis over the legislation, and marked the first time an East Coast state south of the Mason-Dixon line has supported gay nuptials.

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Text of Florida Senate Bill 748 – Proposed Changes to Alimony Laws in Florida

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Yesterday I wrote an update on changes that the Florida Senate is proposing to make to current alimony laws.  Below is the text of the current version of Senate Bill 748 (added text is underlined, while deleted text is stricken):

An act relating to dissolution of marriage; amending s. 61.08, F.S.; revising the factors to be considered for alimony awards, including adultery; requiring a court to make certain written findings concerning alimony; providing that if the court orders a party to provide security to protect an award of alimony, the court may so order only upon a showing of special circumstances; requiring that the court make specific evidentiary findings regarding the availability, cost, and financial impact on the obligated party to support the award of security; revising provisions for an award of durational alimony; redesignating permanent alimony as long-term alimony and revising provisions relating to its award; amending s. 61.14, F.S.; prohibiting a court from reserving jurisdiction to reinstate an alimony award if a supportive relationship ends; providing that a modification or termination of an alimony award is retroactive to the date of filing; requiring the court to consider certain specified factors in determining if the obligor’s retirement is reasonable; amending s. 61.19, F.S.; prohibiting the court from granting a final dissolution of marriage with a reservation of jurisdiction during the first 180 days after the date of service of the original petition for dissolution of marriage to subsequently determine all other substantive issues except in exceptional circumstances; authorizing the court to grant a final dissolution of marriage with a reservation of jurisdiction to subsequently determine all other substantive issues only if the court enters such other temporary orders as are necessary to protect the interests of the parties and their children; providing circumstances in which the court is not required to enter a temporary order; providing an effective date.

Be It Enacted by the Legislature of the State of Florida:

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