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Family Law

Florida Divorce - Child Custody - Domestic Abuse Law Florida Divorce - Child Custody - Domestic Abuse Law

General family law information.
By Janet Langjahr, Esq.

Post Frequency: 24/day

Last Entry: February 17, 2013 at 10:56:19

Recent Entries: 1223

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Valentine?s Day: A Time for Us or ? For Divorce?

Posted on February 17, 2013
Struggling to decide whether you want to call it quits on your marriage? For a lot of unhappy spouses sitting on the divorce fence, the sentimental Valentine’s Day holiday may be the straw that breaks the camel’s marital back. In general, divorce filings tend to increase during the several months following the extended Christmas and [...


If You Are Disabled, You Are Not Shut Out: The Domestic Violence Courts and Family Courts May Be More Accessible Now Than Ever Before ?

Posted on February 13, 2013
People who are disabled often feel that they have inadequate access to the family courts and divorce legal system, as well as the domestic violence court system. Leaving them feeling vulnerable and trapped in unhappy and even abusive marriages and relationships...


Mortgage Refinancing Where An Ex-Spouse Is Receiving Child Support and/or Alimony and Spousal Support as Part or All of Their ?Income?

Posted on January 18, 2013
Florida Husband and Wife have a young Child together. Husband and Wife split up. Wife wishes to remain in the marital home with Child. Husband, however, wants to sell the marital home and receive his one-half of the equity in it. Right now. The compromise that both of them are equally [...


Boy Allegedly Abducted Twenty Years Ago Found Living His Life Close to His Alleged Abductors

Posted on January 12, 2013
Five year old Indiana Boy is reportedly abducted. In 1994. Allegedly by his grandparents (Grandparents). Who were charged (but never apprehended and prosecuted) with custodial interference. Those charges have since been dropped. At the time of Boy’s disappearance, there was reportedly a pending family court case over Boy’s custody...


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The Violence Against Women Act Is a Casualty of the Fiscal Cliff

Posted on January 12, 2013
Amidst all the issues being hotly debated down to the wire in and around our federal legislaturate at last year’s end, one that was overshadowed was the looming expiration of the Violence Against Women Act. The Senate passed an expansive reauthorizing bill last spring...


Popular New Year?s Resolutions: Lose Weight, Get Fit and ? File for Divorce

Posted on January 07, 2013
Every new year brings a spike in divorce filings, and this year is shaping up to be no different. There are lots of reasons, ranging from the sublime to the ridiculous, emotional to financial. People generally take more time off from work during the holidays...


Divorce on Hold Because ? S/He Won?t Move Out?

Posted on January 03, 2013
Florida Husband and Wife mutually agree to divorce. Wife relocates to a neighboring state and leaves Children in Florida with Husband for several months. Wife returns to Florida. To the marital residence, in fact. No, it’s not a reconciliation...


College Student Obtains Stalking Restraining Order of Protection Against ? Her Parents

Posted on January 01, 2013
Daughter is attending college in Ohio, roughly six hundred miles away from her Parents’ Kansas home. Apparently not far enough. Daughter contends that Parents are extremely controlling and “co-dependent”. Spying on her activities on her phone and computer; traveling and dropping in on her without warning; conferring with Daughter’s academic advisor; using a web cam to [...


Court-Ordered Alimony or Spousal Support Can Really Be a Bear ?

Posted on December 31, 2012
Especially in Italy. Just ask Italy’s seventy-six year old former three-term prime minister, Husband. Who served in that office after first establishing himself as a media mogul there. An Italian family court ordered this billionaire to shell out more than $47 million per year, or close to $4 million per month, as alimony, or [...


Divorce Cliches Revisited

Posted on December 27, 2012
Some cliches everyone takes for granted about divorce may not be true. Cliche: half of marriages end in divorce. While 40 to 50% of marriages do end in divorce, this number is skewed by serial divorcers, the folks who marry and divorce repeatedly. In the USA, the divorce rate has actually been trending [...


Parents With Disabilities Are At Heightened Risk of Losing Custody of Their Children to Foster Care or The Other Parent

Posted on November 27, 2012
More than six million children in the US (almost 10 %) have a parent who is disabled. Put another way, 26% of adults with physical disabilities, 24% of adults with psychiatric disabilities, 16% of adults with a cognitive disability, and 40% of adults with sensory impairment are parents...


Family Court Grants Divorce Because Wife Is ? Ugly, and So Is Couple?s Baby

Posted on November 06, 2012
Chinese Wife invests US $100,000 in cosmetic surgery to improve her appearance. Wife marries Husband, never revealing that she has had plastic surgery. Wife gets pregnant and eventually delivers a healthy baby girl (Baby). But Husband is not happy. Husband considers Baby to be ugly...


Uncontested Divorce Finalized Between Banker and Occupy Wall Street Protester

Posted on October 28, 2012
Every divorce is unique. Take Florida Banker Husband and Wife. Husband and Wife have been married nearly 20 years, and they’ve had four Children together. And then the Occupy Wall Street movement strikes a chord in Wife. And Wife leaves Husband and Children behind in Florida, for New York City and the movement...


Are Would-Be Mothers and Fathers Equal as Parents in Surrogacy Births?

Posted on October 27, 2012
New Jersey Husband and Wife want children. But Wife is sterile. So Husband and Wife arrange an anonymous egg donor and a surrogate mother to carry their Baby. The surrogate mother waives her legal rights to their Baby in writing. Finally, Husband’s and Wife’s Baby is born...


Doubts About Your Future Spouse Before the Wedding? Divorce More Likely Then

Posted on October 08, 2012
A study bears out what most of us probably know intuitively. Doubts before the wedding, specifically about your intended, are an early warning system that doesn’t bode well for the success of the marriage. At best, doubts foretell unions providing less satisfaction...


Divorce Got You Uncertain? Lost? Overwhelmed? Then A Divorce Coach May Be The Answer

Posted on October 05, 2012
Terms like “quickie divorce” can lead someone to think that divorce is quick and easy and inexpensive. And sometimes it is all three. But divorce is often complex. Emotionally, legally and/or financially. I sometimes hear from people who have been “trying” to get what they describe as an uncontested divorce … for years...


Deportation Threat to Gay Undocumented Immigrants in Relationships with American Citizens Formally Eased

Posted on September 29, 2012
American Man and his gay Partner are a “couple”. Partner is currently undocumented and his presence in the US is illegal. Do Man and his Partner have anything to fear? Technically, under the letter of the law, yes. But under new enforcement policy guidelines just issued by the executive branch, practically speaking, perhaps not...


Poor Economy Hurts Kids ? Severely

Posted on September 27, 2012
A recently published study finds a startlingly clear correlation between (suspected) child abuse, and mortgage delinquencies and home foreclosures across the US. From 2000 through 2009, (suspected) child abuse resulting in hospital admissions climbed three percent and, more specifically, traumatic brain injury spiked by five percent per year for each one percent rise in mortgage delinquencies [...


How to Control Valuation Expert and Financial Expert Costs in Family Law Court Cases

Posted on September 26, 2012
One of the largest costs in some complex divorce law court cases is forensic accountants who provide business valuations. A study recommends five methods to control financial expert costs: Avoid continuances, request / embrace judicial case management early for expert cost savings of 11% to 25% Hire experts early to maximize their benefit Narrow depositions and other expert discovery Challenges [...


News Flash: The Legal Profession and State Courts Enter the Twenty-First Century

Posted on September 08, 2012
These days, many, if not most folks are connected, technologically speaking, virtually (no pun intended) 24 x 7. Not so when I began practicing law in the dark ages of 1988. Back then, about the only piece of technology an actual lawyer was likely to lay their hands on was a fax machine...


How Not to Set Alimony and Spousal Support in High Income Cases

Posted on September 03, 2012
Florida Husband and Wife divorce after a long-term marriage of more than twenty years. They have a daughter, who is a minor and a son who is a legal adult. Wife is unemployed during the marriage. Husband is a network television news anchor and earns over $1 million per year...


Police Officer Charged With Thirty Counts of Stalking a Woman He Dated On and Off Over Several Years

Posted on September 02, 2012
Indiana Boyfriend and Girlfriend have on-again, off-again dating relationship over several years. Last year, however, something changes, at least with Boyfriend. While in a club, Boyfriend becomes angry with Girlfriend – and “choke holds” her and grips her arm hard enough to bruise it...


Takeaway From Recent Family Court Ruling: Check Other Parent?s Immigration Status Before Battling Over Child Custody

Posted on September 01, 2012
I rarely post about celebrity divorces, but this unusual family court ruling could not be allowed to pass unnoticed … Husband and Wife and their two young Children live in California. Children are US citizens who were born and raised in the US...


Questions Arise Over Whether ?Pregnant Man? May Legally Divorce His Partner

Posted on August 19, 2012
Husband and Wife marry in Hawaii. After moving to Arizona, Husband and Wife have three children born during their marriage. Husband files for divorce in Arizona. But the Arizona family court may not grant the couple a divorce… Because it may not recognize their marriage...


Wannabe Sheriff is Arrested on Contempt Charges in His Contested Family Court Divorce Case

Posted on August 12, 2012
Florida Husband and Wife are in the middle of what sounds like a contentious divorce. Husband is jailed for criminal contempt in connection with his divorce case … for filing in the case written attacks on the judge presiding over his family court case...


US Supreme Court Holds That Respondents in Child Support Contempt Proceedings Are Entitled to Legal Due Process, Including Legal Representation or Alternative Procedural Safeguards, Where the Respondent Is At Risk of Confinement

Posted on August 12, 2012
South Carolina Mother and Father have a child together, but then break up. Father is court-ordered to pay Mother child support. Father falls behind in his child support obligations. Mother, who is represented by counsel, mounts a contempt case to enforce Father’s child support obligations to her...


Domestic Violence or Mercy Killing? Husband Shoots Wife of Forty-Five Years

Posted on August 06, 2012
Husband and Wife, both in their 60s, have been married for 45 years. Wife develops a life-threatening medical condition. Wife is being cared for in the intensive care unit of a hospital. Husband enters Wife’s hospital room. With a gun. And shoots Wife...


Going Directly From a Civil Union to a Gay Marriage? Stop. Do Not Pass Go. Return to Divorce Court Immediately.

Posted on August 05, 2012
Gay Husband and Friend enter a civil union in Vermont. Their relationship breaks down over time and Husband moves on. To Massachusetts, which allows same sex marriages. And Husband then marries Groom there. Four years later, that relationship breaks down and Husband files for divorce...


Finally: Beneficiary Designations of Other Spouse (Generally) Voided Upon Divorce

Posted on August 04, 2012
Husband and Wife accumulate various financial accounts. Each makes their accounts payable to the other in the event of their death. Their wills designate each other as their respective primary beneficiary. Then Husband’s and Wife’s marriage suddenly falls apart...


Child Custody Dispute Amidst Eastern European Politics

Posted on July 30, 2012
Husband and Wife hail from an Eastern European country ruled by Husband’s brother. They have a Son together, who is ten years old. Husband and Wife may have already divorced in 2009, but Wife denies it. (And Husband alleges that Wife committed bigamy during the marriage...


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