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Boca Raton Divorce Law Blog

Ex-spouse takes no-go stand on divorce property settlement

Divorce and property division are difficult things for a couple to go through. A woman is waiting for police to remove her from a Jacksonville home she has known for 27 years. The house is the center of a long-running property division battle between the woman and her former husband.

The once-married couple purchased the three-bedroom house in 1985. Four children and seven years later, the husband and wife separated permanently. The wife stayed in the home, raised the children and attempted to keep up the mortgage payments.

Couples' cooperation key to successful divorce mediation

Divorcing couples in Florida have more options than ever to end a marriage. While none of them promise a delightful experience, some, like divorce mediation, are considered more polite than traditional divorces, which could include knock-down, drag-out court battles.

But mediation is not always a replacement for standard divorce, according to attorneys who specialize in the mediation process.

Children's Emotions in Divorce

Divorcing parents in Florida may be concerned about how their children may be affected by their break-up. So much so that they may even forego a divorce to spare the kids any emotional pain. The fact is, all children are different, so it is difficult to predict how they will react to a divorce (or a breakup if the parents were never married).

Divorcing couples may say that they want to do what's best for their children, but they often forget that being a good role model is the foundation of good parenting. This is critical because kids may not understand the concept of divorce, but they certainly can pick up on the emotions of people around them and mimic the stresses they exhibit. Kids around bickering parents may also be argumentative and confrontational. Children cared for by depressed parents may become lethargic themselves. They may become less interested in playing, and may also refuse to eat.

Florida lawmakers likely to take up alimony reform this year

State lawmakers have recently revamped and updated alimony laws. Florida legislators are expected to address the legal issue this year, using proposals from several special interest groups as guidance.

The basis for alimony surrounds a spouse's need for financial support following a legal separation or divorce. Courts compare that need with the other spouse's ability to provide spousal support.

Divorce can help boost Social Security benefits

A marriage of at least 10 years may qualify a divorced Florida resident receive extra government benefits. The rules applying to distribution of Social Security benefits can help an elderly divorced person supplement a fixed income.

Divorce attorneys with property division expertise advise clients to claim bigger Social Security benefits based on the earnings of an ex-spouse. A spouse, whose earlier marriage ended some time ago, may not realize that additional Social Security benefits are available. Increased Social Security benefits are possible if an applicant was married in the past for at least 10 years. The rule is not gender specific, but helps the spouse who earned the least.

Divorce: Litigate, mediate or collaborate?

More unhappy Florida couples begin a new life chapter in January by filing for divorce more than any other time of year.

Couples ending a marriage sometimes choose divorce mediation. Mediation allows a settlement to be reached out-of-court using one specialized attorney who helps spouses forge an agreement. The process is less expensive and less contentious than standard divorce.

Property division in annulments is not the same as divorce

Annulments are different legal processes than divorce. An annulment is the same as saying a marriage never occurred. Divorce acknowledges the union and gives marriage a timeline. For Florida couples contemplating a divorce, an annulment could be an option.

How an individual's financial situation is affected by an annulment is unlike the standard property division that takes place during divorce. Annulments restore a never-really-married person to a previous financial position, while divorce disentangles accumulated marital assets through community property laws or divorce settlements.

Many Child Support Checks Go Unclaimed

When Janet Ash moved to Texas in 2003, she didn't know she was leaving something important behind in Wisconsin.

Ash was owed child support, but when officials attempted to mail her the checks, they went to Ash's old address, and were returned to the state as undeliverable.

Ash is one of 1,880 people who are owed child support, but whose checks are in limbo, considered unclaimed. The Post-Crescent obtained an updated list of this unclaimed money and posted it online, along with claim forms.

A national expert on the issue says the situation is common; people across the country are owed millions and have no idea they have the money coming.

It's nationwide, said Mary Pitman, author of "The Little Book of Missing Money: A Quick and Easy Guide to Finding Money that is Rightfully Yours."

"(Child support) not only can be unclaimed, it is unclaimed in massive quantities," Pitman said.

She said child support often is unclaimed because people move without giving officials their updated address information.

"Forwarding addresses with the post office is only good for a year," she said. "If you move, and you move again, each time you move, it's less likely that it will catch up with you."

Pitman said people should call and make sure the child support office has the correct address. "That doesn't cost anything; it's easy to do," she said.

This same issue holds true for Florida. To see if you're owed any unclaimed money, visit http://www.fltreasurehunt.org/.

To read the rest of this article, please click the following link: Many Child Support Checks Go Unclaimed

Divorce, Internet Style

In the final stages of divorce, as we face the separation of property, finances and stuff, what do we do about our social networking? Who gets custody of the "friends" and the "followers?"

Vicki Abelson deals with the social media aspect of divorce first-hand, below is her take:

The discord we were suffering in real life continued to be mirrored in our virtual one; our personalities reflected in our social networking styles. Herein, my testimony...I'm more a Facebook. Highly social, I enjoy interaction. I post a status and run the thread, much as I would host a cocktail party. He's more a Twitter, crafting his words, and then presenting a finished product to the audience. Less interaction, more alone time. Kind of like us.

We increasingly retreated to our cyber corners for support, rather than to each other. Facebook and I have a kind of puppy persona, constantly seeking love and validation. I'm needy. Sue me. No, please, don't. The legal fees are killing me. Twitter and he, are more cat-like -- loners preferring to be adored from a distance. He likes his space. Me, not so much. Houston, I think we have a problem.

Despite my disdain, eventually, I reluctantly cohabited, and starting Tweeting. To be viable, I had to. Largely, I felt invisible and unheard, much as I did in our kitchen. But, I got an enormous thrill when one of my tweets landed, or one of my dishes, praised. I've come to really dig the Twitter, the challenges and the small victories, and, the instant accessibility to everyone on the planet.
To read the rest of her article, please click the following link: Divorce, Internet Style

Older-age divorce causes unique financial problems

Divorce decisions made later in life frequently come with higher financial risks than if those choices were made at a younger age. Assets usually accumulate with age, and experts say property division for older couples in Florida or elsewhere threatens retirement nest eggs and gives ex-spouses less opportunity to bounce back financially.

Experts contend that individual standards of living decrease for ex-spouses after divorce. Benefits of financial security during marriage are ignored or taken for granted until divorce forces an equitable distribution of assets. Experts say older women have the greatest disadvantage, especially wives who distanced themselves from marital finances or who didn't work during the marriage.

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