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Fort Lauderdale Family Law Attorney Joins Local Rotary Club

Angela R. Neave, an associate with The Law Offices of Barry I. Finkel, P.A., a divorce and family law practice in Fort Lauderdale and serving all of Broward, Miami-Dade and Palm Beach counties in Florida, has joined the Rotary Club of Greater Fort Lauderdale. See the notice here.

Generation X, Joint Custody, Family Law and “The Divorce Generation”

Like the habits, practices and attitudes of the generations who came before us, children of divorce are shaped by their own life experiences. Even in South Florida, Nowhere is this truer than with children of 1970s and ’80s divorces – and how they handle issues of timesharing, joint custody and parental involvement. Now that they’re parents of young children, how has divorce affected Generation X – those Americans born between 1965 and 1980?

As youths, Gen Xers experienced a new type of divorce – where Dad may have been distant or part of a new family, Mom may have been disaffected, and both may have seemed detached as they tried to discover whom they would become.

The children? They often were an afterthought.

“Growing up, my brother and I were often left to our own devices, members of the giant flock of migrant latchkey kids in the 1970s and ’80s,” wrote Susan Gregory Thomas in her new book, “In Spite of Everything: A Memoir.”

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In South Florida, Divorce and Alimony Guidelines Could Help Attorneys Counsel Clients

Imagine being the client of a divorce attorney, and the two of you are headed into a court hearing to determine temporary alimony. Much as your lawyer has tried to counsel you on what the court may decide, neither of you have any reasonable clue as to how the judge or magistrate may rule.

In Broward County Courts, the same set of facts in front of two different judges could yield two dramatically different results. Because of this, it is difficult to advise clients as to what they may be entitled to under Florida law.

One judge may say, “Maintain the status quo,” and order one spouse to pay the other for “living” expenses, including the mortgage, taxes, insurance and utilities, for example. This could include food, but what about entertainment or other “lifestyle” costs?

If only guidelines existed to determine what the breadwinning spouse would have to pay – and what the other may expect to receive…

The New York Times recently ran an op-ed piece entitled “Ending the Alimony Guessing Game.” In it, the writer discussed family law reforms in New York State, including how the state had “become one of the few states to adopt a formula for setting certain alimony awards, making them fairer and predictable.”

Fair and predictable – there’s a concept family law and divorce attorneys can rally around.

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Miami Heat’s Dwyane Wade, Father’s Day and Timesharing Post-Divorce

While Dwyane Wade and the Miami Heat didn’t bring home the NBA hardware, this Fort Lauderdale family law attorney gives him a much more important and impressive award: “Father of the Year.”

Dwyane Wade (courtesy Lucy Nicholson - Reuters-Landov)The divorced father of two young boys, Wade recently wrote an article in Newsweek magazine discussing his successful effort to win sole custody of his sons.

The NBA superstar wrote, “I can’t say what we’ll do for Father’s Day, because since my sons came to live with me about two months ago, every day has been like Father’s Day. I just want people—men, and men of color in particular—to hear my story and know that their children need them and that it’s their responsibility to be there for them. We have to step up as men and do our part. There are no excuses.”

For any father, that’s an important message.

Other thoughts to keep in mind…

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Divorce, Custody, Parental Illness and Children’s Need for ‘Normal’ Lives

Whether you’re a divorced parent in Fort Lauderdale facing custody issues, a South Florida family law attorney, or a casual observer, a recent article raised significant questions about custody, timesharing and illness.

In a bitter custody battle, a Chicago father convinced the court to grant him full custody of his two children because his wife, who lives in North Carolina, is fighting stage four breast cancer. The kids were to relocate — and leave their mother behind.

The article was enough to enrage some parents — and make others nod in agreement. In the story, the father argued the kids needed stability. The mother unsuccessfully argued that she herself was well enough to provide a stable home to the kids, ages 11 and 5. The wife is appealing.

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South Florida Single Dads Exerting Their Rights for Custody, Timesharing

Across Weston, Fort Lauderdale and all of South Florida, dads of divorce, separation or other situations often find themselves fighting an uphill battle to gain time sharing or custody rights with their children.

It’s a battle that’s well worth it, as Miami Heat basketball star Dwyane Wade said, “You need to fight to be in your kids’ lives sometimes.”

South Florida family law attorney Barry I. Finkel is quoted in this South Florida Parenting story on the importance of fighting that battle — and the spoils of victory: the glory of time spent in children’s lives.

On the eve of Father’s Day 2011, make sure you live up to the spirit and meaning of the day.

South Florida Divorce, Family Law Firm Names New Associate

The Daily Business Review recently had a brief about The Law Offices of Barry I. Finkel P.A., a South Florida divorce and family law practice serving Fort Lauderdale, Miami, Boca Raton, Weston and all of southeast Florida, naming Jennifer B. Billings as an associate.

Billings had been a paralegal of the firm. She earned her a law degree from Nova Southeastern University and a bachelor’s degree from Florida Atlantic University.

South Florida Family Law Realities: One Take on Arnold Schwarzenegger, a Child of an Affair, and the Duty to Support

News of Arnold Schwarzenegger’s and Maria Shriver’s divorce caught many off guard. They seemed like a storybook couple. When word broke of his extra-marital affair, connecting the dots was much simpler.

Arnold Schwarzenegger Maria ShriverThen, the potential complexities grew much deeper.

Putting aside the implications for Arnold’s and Maria’s young children (coping and recovery certainly will be tough for their kids), issues raised from this news include tricky paternity matters, including Arnold’s duty to support the child.

This includes how to establish true “paternity” – especially if the mother was married when she had the child, and if any husband (none the wiser regarding the child’s true lineage) treated the boy as his own. Much of this is unknown. As such, we’re speculating on a hypothetical situation.

The issue of “presumption of legitimacy” of a child of the marriage weighs large in most paternity cases. (more…)

Myths, Realities of South Florida “Do It Yourself Divorce”

The South Florida Sun-Sentinel recently had an article on the apparent rise in do-it-yourself divorces in Fort Lauderdale, Miami, Boca Raton and across South Florida. As family law attorneys and divorce lawyers who work with clients facing marriage separation and divorce every day, we believe the article offered some good insights and advice.

We believe readers need a little more insight regarding the realities of the “simplified divorce,” especially as the number of such divorces rises – almost doubling in Palm Beach County and up 20 percent in Broward County, the article notes. Overall, these make up about one in 10 divorce cases in the two counties, the paper reported.

A “simplified divorce” is a legal definition relating to a couple with no home and no children. They have nothing in common other than a marriage they want to dissolve. They might not even have joint banking accounts. It can be the simplest form of divorce. Add children or assets, and complexity grows in kind.

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iPhone, Google Android Tracking: Implications for Family Law, Divorce Cases

Consumer advocates and technologists were all a’twitter when word leaked that Apple and Google had in their popular wireless phones applications that tracked users every move and location.

spy-on-iphoneAnother example of Big Brother’s incessant invasion of privacy via iPhones and Android, they protested.

Yet, what about couples in divorce? For divorce lawyers and family law attorneys, the implications are less dramatic.

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Divorce Newsfeed

- Daily Mail – January 1, 2012 - Russell Brand and Katy Perry Split After 'She Put Fame Ahead of Children' Russell Brand’s marriage to Katy Perry collapsed as he became exasperated over her refusal to put her career on hold to start a family, it was revealed yesterday.

- MSNBC – Tallahassee, Florida – December 7, 2011 - Members of Florida Alimony Reform Group Tell Their Personal Stories of Hardship and Unfair Treatment to Florida's House Civil Justice Subcommittee More than a dozen members of Florida Alimony Reform (FAR) testified in favor of a bill that would update Florida's antiquated alimony laws. FAR members spoke movingly before the House Civil Justice Subcommittee about the extraordinary hardships they endure paying permanent lifetime alimony that does not end even at retirement, even when payers are disabled or forced to retire by age.

LA Times – Los Angeles, California – October 31, 2011 - Kim Kardashian, Kris Humphries: What Factors Led to Divorce? As extravagant as the wedding was and as public as the divorce has already become, Kim and Kris would not be the first celebrity couple to call it quits so soon after tying the knot.

- The Miami Herald – Miami, Florida – June 6, 2011 - Websites help divorced couples manage child custody and communication — minus the animosity over the past several years, a spate of high-tech websites are helping fractured families manage their lives in cyberspace, without ever having to raise a voice or pay a lawyer. Divorce mediators say the websites add efficiency and eliminate the emotion that continues long after the legal war is over.

- The Sun-Sentinel – Fort Lauderdale, Florida – May 5, 2010 - Angela Neave Co-Chairs Legal Aid Service of Broward County Annual Fundraiser on May 14 “You've Been Served" is the theme for Legal Aid Service of Broward County's 9th Annual "For the Public Good" celebrating 36 years of securing justice and changing lives. The event committee co-chairperson is Angela Renee Neave, Esq., of the Law Offices of Barry I. Finkel, P.A. The event will take place at the Hilton Fort Lauderdale Marina located on 1881 SE 17th Street Causeway on May 14. The event begins at 6 p.m. with cocktails and silent auction followed by dinner and awards.

- The Huffington Post – February 28, 2010 - Committing Adultery? You Could Go to Jail So, did you notice what I noticed as Tiger Woods delivered his 14 minute nationally televised mea culpa last week? While he was busy admitting, "I was unfaithful. I had affairs. I cheated ..." What jumped out at me was what Tiger didn't mention. He confessed he'd broken the law. Adultery is a crime. I know that sounds odd and old fashioned. But the truth is that more than 20 states, including Florida where Wood's keeps his primary residence, still have laws on the books against cheating on your spouse.

- The Tampa Tribune / Tampa, FL – February 18, 2010 - Facebook Plus Divorce Equals Flammable Situation If eHarmony is the Web site bringing lovebirds to the threshold of marriage, Facebook is the one showing up for the divorce. The world's most popular social media site is revolutionizing the divorce experience, pouring toxin into virtually every stage of a collapsing marriage and rekindling old flames into blazing affairs.

- USAToday – January 19, 2010 - Marriage Benefits Men Economically, Too If you think women still reap more economic benefit than men do from marriage, you may be living in the past. Today, men are better off economically because their wives are, too, suggests a new study on the economics of marriage by the Pew Research Center.

- People – January 12, 2010 - Why Did Chris Evert and Greg Norman Divorce? The split between tennis star Chris Evert and golfing great Greg Norman, whose 15-month marriage ended in divorce last month, was a result of stress and strain over her teenage boys needing their mother, according to someone who observed the situation. 

- Fox News Online – January 11, 2010 - How to Talk to Your Kids About Divorce With roughly 50 percent of all marriages ending in divorce in the United States, it is all too common for children to endure all that comes along with families breaking up. Divorce can be scary and sad for all involved, but it can have a particular and lasting effect on children. Therefore, it's important to approach the subject delicately. We spoke with rabbi and psychotherapist M. Gary Neuman, who created the widely successful "Sandlecastles Program". He gave his tips on how to inclusively talk to your children to ensure they cope with divorce in a healthy and productive way. 

- Daily Finance – December 28, 2009 - Courts in Crisis: Recession Drives Caseloads Up, Budgets Down Court systems nationwide are facing two forces that could collide and create a major crisis in 2010. Caseloads driven by the recession are flooding the courts at the same time as judicial systems around the country are dealing with budget cuts. In some states, those budget cuts could slow the flow of paperwork and possibly even result in postponement of some trials. Courts are starting to see the full brunt of cases involving recession-related issues…Increasingly, what the courts are seeing are cases in which the root causes are families in crisis after losing their homes and jobs.

- New York Daily News – December 28, 2009 - NJ dad David Goldman will 'never understand' Brazilian family that fought him The New Jersey father reunited with his 9-year-old son after a bitter divorce and custody battle in Brazil says the boy has been adjusting well to his return to America – despite video footage taken before their reunion showing Sean Goldman crying in the arms of his stepfather.

- Boston Herald.com – December 27, 2009 - Will prenup stand up in Tiger divorce case? I hate to sound shallow, but do you think Tiger’s prenup will get thrown out because he was messing around? In order for a PMA to be enforced, Tiger had to make a full and fair disclosure of all of his assets and liabilities. That’s because Elin cannot waive her rights to something she did not know about...

- The South Florida Sun-Sentinel – December 15, 2009 - Report: Elin Nordegren plans to leave Tiger Woods People magazine is reporting that Elin Nordegren plans to divorce Tiger Woods. In its issue that arrives at newsstands on Friday, the magazine quotes a source close to Nordegren as saying, "She plans to leave Tiger." It cites another source as saying, "She's made up her mind. There's nothing to think about: he's never going to change."

- Daily Business Review – November 12, 2009 - Text Messages Can Spell D-I-V-O-R-C-E Divorce lawyers have found a new smoking gun to wave around in court: Text messages. Infidelity, bad parenting and threats - you name the issue in marital disputes, family law attorneys say, and the evidence can be found in text messsages sent over handheld gadgets.

- Earth Times – November 3, 2009 - Avoid Texting Marital, Extra-Marital or Negotiation Details - Or Risk Texts Becoming Evidence In the age of digital media and communications, there now are three sides to every divorce story: His, hers, and what's being stored by the phone company.

- Florida Today / Melbourne, Fla. – October 26, 2009 – Experts: Poor Economy Leads to violence Experts say tough economic times in general tend to introduce additional stressors in an already tense domestic situation. When abusive partners are laid off from work, experts say the severity and frequency of violent assaults tend to jump because the abuser is home more often.

- The Huffington Post – May 2008 – Nine Signs of a Cheating Spouse Financial infidelity is bad, but it's even worse when it is used to engage in an extramarital affair. Ruth Houston, the author of "Is He Cheating On You? 829 Telltale Signs," says to look for nine behaviors that may be indicators of a spouse's infidelity, starting with credit card statements that reflect charges for flowers, jewelry or other gift items that the spouse did not receive; unauthorized or surprise withdrawals from joint bank accounts; or deposit slips or bank statements that indicate the existence of a previously unknown checking or savings account in the wife's/husband's name only.

- Squidoo – How To Leave Your Husband Everyone has different reasons for contemplating something so drastic as leaving a spouse. It could be due to abuse, infidelity, lack of respect, or it could have been a mistake to just get married in the first place. If you are finding yourself asking the question of how to leave your husband, know you are not alone. Read here to learn more…

- MSN Money.com Get Real: Marriage is a Business Put aside the romantic notion that love conquers all -- and pull out your calculators. Successful partnerships require a plan, a CFO (usually) and regular progress reports.

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