Tools to Help Domestic Violence Victims Escape their Marriages

Domestic Violence

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  • When Relationships Go Bankrupt, the Obligations Do Not

    Few things are as certain in life as the reality that divorces are not only emotionally draining, but financially exhausting as well. Similarly, few couples make it through a divorce without some financial hardships. Even if just a minor reduction in credit score or the loss of equity in a vehicle, divorce hurts the wallet. For this reason, it is no surprise that many divorcees ask their divorce lawyers how they might use bankruptcy to either reduce or eliminate support obligations. Ultimately, however, this is not possible. Under the U.S. Bankruptcy Code (11 U.S.C. 523(a)(5) and 11 U.S.C. 101(14A)), “domestic obligations” cannot be discharged in a bankruptcy. Of course, this makes sense. If you were not getting divorced, to the extent you are able, you…

  • The Fight Over Fido — Who Gets to Keep the Family Pets in a Divorce?

    We’ve all heard the joke that says, “We’re staying together for the sake of the dog”.  But in reality, many couples do end up facing a divorce, and in addition to all the other painful decisions about who gets what, pets become part of that dilemma. Although many of us love our pets as if they are children, when it comes to divorce, the State of Florida regards pets as property –no differently than living room furniture.  Changes in our society have resulted in changes in our households, and as a whole, couples are having fewer children than they did decades ago.  With that, more couples than ever view their pets as children.  With sixty-five percent of all American households being home to a pet,…

  • Is Collaborative Divorce Right for Us?

    Some people think that collaborative divorce is somewhat of an oxymoron. Perhaps you remember this term from school – something that is contradictory to its very nature, like “pretty ugly” or “seriously funny.” After all, if two people could work together collaboratively, they would not be getting divorced, right? Not exactly. Many people disagree on financial and/or children’s issues but they also simply wish to part ways on friendly terms. For those who want to bypass the misery and cost of traditional divorce, collaborative divorce might just be the answer. How do Floridians get divorced? To dissolve a marriage in a traditional way, the parties must file a petition for dissolution of marriage in court. This gets the ball rolling. However, most divorces end with…

  • Diamonds are Forever; Marriage Not So Much

    While we have all become quite accustomed to hearing about divorce, people tend to flinch when we talk about a recent phenomenon known as “gray divorce,” or divorces between older adults. No one likes to think about the end of a marriage, much less the end of a long marriage. However, research shows that over the past 10 years there has been a huge increase in the number of these gray divorces. When it comes to navigating the sea of complex divorce laws, an experienced central Florida divorce lawyer is always the best starting point to discuss your options. But why are older adults divorcing? Some divorce because they were unhappy for decades and simply wanted to wait until their children were raised and out…

  • Issues Surrounding the Division of the Marital Home in Divorce

    How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes that can complicate selling the property and splitting the proceeds. Florida follows the equitable division model when distributing marital property in divorce, which says the court will award property according to what is most just, though there is a presumption the marital estate should be divided equally. Often, the family home is titled in the names of both spouses, and both are responsible for any outstanding mortgage on the property. Whether…

  • Prison Nurseries: A Controversial Measure to Protect a Mother’s Rights

    Every year, thousands of incarcerated mothers enter the prison system already pregnant. Many are youthful offenders or are serving short terms for minor crimes. Nevertheless, they are forced to suffer what many would call the harshest punishment a mother can endure: having her child taken away moments after birth. Lawyers and their clients have struggled over this issue for years. Recent attention has been drawn to the brutal practice of shackling incarcerated women during childbirth and labor. Possibly even more unsettling is the practice of removing children from their mothers moments after they are born. While prison officials often cite the need to maintain the efficacy of the justice system, one must wonder what sort of long-term effect this has on mother-child bonding and whether…