Does Florida Recognize Common Law Marriage?

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You may have heard about common law marriages. Generally speaking, they are unions in which the couple has not been licensed for marriage by the state but have lived with one another for a certain period of time and have voluntary held one another out to others as being a married couple.

Prior to 1968, couples could enter into a common law marriage in Florida and have all the rights and responsibilities that come with a state-licensed marriage. However, with the passage of section 741.211 of the Florida Statutes, couples could no longer enter into common law marriages in Florida. The current iteration of section 741.211 reads as follows:

Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.

However, this statute does not abolish Florida’s recognition of all common law marriages.

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Man Legally Changes His Name To Beezow Doo-Doo Zopittybop Bop-Bop

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Different names sound strange to different people.  I have come across names, both foreign and domestic, that I sometimes have trouble pronouncing.  But this one is a doozey: Beezow Doo-Doo Zopittybop Bop-Bop.

Beezow, a Wisconsin man formerly known as Jeffrey Drew Wilschke, has not had much success since his name change: According to CBS News, Mr. Bop-Bop was recently arrested for carrying a concealed weapon, possession of marijuana, possession of drug paraphernalia, and a probation violation.  This has led to an outcry for the freedom of Beezow, including the following clip:

So, in Florida could you legally change your name to Beezow Doo-Doo Zopittybop Bop-Bop?  You may be surprised, but the answer is…probably yes.

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Hillsborough County Family Law Judges Begin Utilizing Skype

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As a family law attorney, I often have clients in a Florida matter that reside outside of the state.  I recommend that clients attend their hearings in person, as it gives the judge a face to match with a voice (humanizing the client) and it allows the client to see non-verbal cues from the judge, opposing counsel, or myself.  However, there are times when an out-of-state client cannot make it to a hearing; for these times I often request that the client appear by telephone, and the judge usually grants the request.

Some of the family law judges of the Thirteenth Judicial Circuit (covering Hillsborough County) have announced that they are now equipped and prepared to use Skype in the Courtroom for those clients who cannot appear in person.  This program allows the client to participate in a hearing via webcam.  Though I still recommend that clients appear in person whenever possible, this technology gives a great alternative.

The following family law judges have posted procedures for Skype:

Below is an announcement for the technology posted on Judge Ward’s profile:

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Prenuptial Agreements: Uniform Premarital Agreement Act

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No matter the reason that parties enter into a prenuptial agreement, there are certain issues that may be agreed upon and other issues that Florida public policy prohibit parties from agreeing on prior to marriage.

For example, a clause in a prenuptial agreement defining a visitation or time-sharing schedule with respect to the parties’ unborn children would not be enforceable.  This is because a time-sharing schedule must be based on the best interests of a child, and it is difficult to define and anticipate those best interests before the child is born.  Similarly, a prenuptial agreement may not restrict a child’s right to financial support.

So, what may be agreed upon in a prenuptial agreement?  Section 61.079 of the Florida Statutes, known as the “Uniform Premarital Agreement Act,” specifically states that the following may be settled in a prenuptial agreement:

1. The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located;

2. The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property;

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Helping Teens Cope With Divorce

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I came across a great article at the Divorce Saloon concerning how parents with teenagers can help their children deal with divorce.  Towards the bottom of the article the author, Brenda Monteau, provides these five tips:

1) Set boundaries. Just because you are divorced doesn’t mean that you allow your teen to do whatever he or she wants. Don’t let your guilt of “breaking up the family” get in the way of parenting. Just because teens are older than younger kids doesn’t mean they don’t need boundaries, or that they don’t need their parents to act like parents.

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Termination of Alimony: Proposed Changes to “Supportive Relationship” Standard

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According to current state law, a Florida family law judge has the option to reduce or terminate an alimony award if he or she finds that the ex-spouse receiving payment (the “obligee”) is in a supportive relationship.  The term “supportive relationship” currently has somewhat of a tough standard to overcome.  For example, one factor in determining whether a supportive relationship exists is whether the obligee and his or her current boyfriend or girlfriend call each other “my husband” or “my wife” in public.

In a bid to curtail permanent periodic alimony and ease the ability for a paying spouse (the “obligor”) to modify or reduce his or her alimony obligation, Florida HB 549 proposes many changes to the “Supportive Relationship” standard.  This bill will change current section 61.14(1)(b) of the Florida Statutes as follows (new language is underlined, while deleted language is stricken):

61.14 Enforcement and modification of support, maintenance, or alimony agreements or orders.—
(1)
(b)1. The court must may reduce or terminate an award of alimony if it determines upon specific written findings by the court that since the granting of a divorce and the award of alimony a supportive relationship has existed between the obligee and a person with whom the obligee resides. The court shall make specific written findings that support such a determination. On the issue of whether alimony should be reduced or terminated under this paragraph, the burden is on the obligor to prove by a preponderance of the evidence that a supportive relationship exists.

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Garon: 8 Tips for Co-Parenting During the Holidays

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Winter break can be one of the most difficult times for both children and parents to cope with divorce.  We see Christmas and New Years cheer and celebration everywhere as we are dealing with our own internal and external stressors that make the mere sight of such images so painful.  However, we must dedicate all of our strength to keep this period of time as happy and stable as possible for our children.

Risa Garon, a licensed clinical social worker, collaborative law mental health professional, and Executive Director of the National Family Resiliency Center, Inc., provides tips for co-parenting during the holidays:

  1. What can you as a parent handle? Be honest with yourself and how you feel.
  2. Be honest with your children about your limitations and what you can handle. Approach them in a way that doesn’t burden them with your feelings. Ask them what would help them during the holidays.
  3. Recognize that rituals are symbolic and often treasured by children and adults. If possible, try to have some of your family’s traditional rituals and include your children in creating new ones. Read more →

Video: News Report on Collaborative Divorce

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Below is a news report on collaborative divorce from KTLA 5:

Attorney Adam B. Cordover has completed advanced training in interdisciplinary  collaborative family law and is a member of the International Academy of Collaborative Professionals as well as the Collaborative Divorce Institute of Tampa Bay.

If you would like to speak with a collaborative lawyer in Tampa Bay and learn how the collaborative process can help your family, call The Law Firm of Adam B. Cordover, P.A., at 813-443-0615 or fill out our contact form.

Vast Changes Proposed to Florida Alimony Statute

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Permanent Alimony?  A thing of the past.  Standard of living during the marriage?  That factor is so passe.  Payments past retirement?  Not any more.

These are just a few of the vast changes that will be made to section 61.08 of the Florida Statutes (the “Alimony Statute”) if the current version of House Bill 549 is passed and signed into law.  Below you will find the proposed changes to the Alimony Statute (proposed additional language is underlined while proposed deletions are stricken):

61.08 Alimony.—
(1) In a proceeding for dissolution of marriage under s. 61.052(1)(a), the court may grant alimony to either party, which alimony may be bridge-the-gap, rehabilitative, durational, or long-term permanent in nature or any combination of these forms of alimony. In any award of alimony, the court may order periodic payments or payments in lump sum or both, which may not exceed 20 percent of the payor’s monthly net income to include all sources of income averaged over the last 3 years of the marriage. The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded. In all dissolution actions, the court shall include findings of fact relative to the factors enumerated in subsection (2) supporting an award or denial of alimony.

Factors in Relocating with a Child

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If you are or have been involved in a child custody case and you wish to move with your child, you must make sure to follow the procedures of section 61.13001, Florida Statutes (the “Relocation Statute”).

Often times, parents are able to come to an agreement on relocation.  The Relocation Statute has specific requirements for the agreement, and the agreement must be filed with the court and ratified by a judge.

But what if you and the other parent cannot come to an agreement?  What specific factors does a judge look at to determine if relocation is in a child’s best interests?

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