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Miami Divorce Law Blog

South Florida police officer arrested for domestic violence

A police officer in Florida was being called a hero just months ago for saving a child's life. The child was in a vehicle on the Dolphin Exrpressway, and the car had gotten stuck in the congested traffic. When the child stopped breathing, the officer and others -- including the child's aunt -- did CPR until the child started to breathe again.

However, those reports are now being forgotten since the same officer was arrested over the Fourth of July holiday for allegedly attacking his wife. They had some sort of argument, and reports say that he bit her on the face. He was wearing his uniform when he allegedly attacked her, and he had his firearm with him as well -- though there are no reports that he used it.

Marital property isn't a reason to stay married

Some Florida couples may know their marriage has come to an end but stay in the relationship because of fears about how much a divorce might end up costing. It's not the legal fees most worry about--larger worries often revolve around things such as property division.

One report indicates that the cost of staying together --especially if an extra-marital affair is involved -- can be a problem, too. A survey from a British retail company proposed that the cost of an affair averaged around $2,664 each month. Those costs included hotel rooms, drink and dinner expenses, dates and gifts.

Deli manager to get $11,500 in monthly alimony

The owner of a famous East Coast deli has been ordered to pay a massive sum in spousal support to her estranged husband, who has moved to Florida. The man, who had been the manager of New York City’s Carnegie Deli, will receive $11,500 each month in alimony from his wife. His ex-wife left him after discovering that he may have been cheating on her with a waitress at their restaurant.

The man filed for divorce in 2013 after moving to Florida. His ex-wife then filed a suit against the man, his daughter and his lover, alleging that they had pilfered $10 million from the business. However, attorneys in the case say they have yet to see any evidence that the man wrote himself millions of dollars in checks from the eatery. The divorce is still pending, but New York law dictates that the less-moneyed spouse should receive compensation until the breakup is complete.

Equal property division a challenge when gay marriages fail

Same-sex couples in Florida are currently not allowed to marry in the state. If and when Florida does legalize gay marriage, couples should think long and hard about making the decision to make it legal. Why? Because if the marriage turns sour, getting divorced is a challenge. If a state does allow gay divorce, the couple is bound to face unequal property division and taxes.

Gay marriage – and divorce – is becoming more commonly accepted, which means that same-sex couples who decide to call it quits are seeing more equality. But when the Defense of Marriage Act was in play, couples got no tax breaks. Property division and transfers were considered gifts subject to taxation.

Celebrity divorce rumors impact ticket sales

For any couple, marital distress can cause an impact across all areas of life. Distress before and during a divorce can bring negative impact to other familial relationships as well as social and business life. Seeking to resolve issues through civil, legal processes is one way to reduce the impact of a marriage breakup.

Stars Jay Z and Beyonce are reportedly seeing a business impact from their marital struggles. Venues are reporting that the couple's summer concert series, which is visiting a number of locations including Miami, is undersold by tens of thousands of tickets. According to reports, summer concerts of such caliber usually sell out quickly.

Premarital agreements not just for the paranoid

So, you are thinking about a Florida prenuptial agreement. Not too many years ago, the use of a premarital agreement signaled a lack of confidence in the relationship for one or both parties. Today, however, prenuptial agreements are viewed as prudent contracts that can help protect those with a family business or with a significant gap in family wealth. Further, prenups can protect children who were borne of previous marriages, along with sentimental or inherited property. The advantages of a prenup are manifold -- but how do you make sure that yours is as ironclad as it ought to be? Experts say there are a few considerations to make sure that your prenuptial agreement is properly executed.

First, it is important to remember that prenups are contracts. That means that the contract cannot be created under duress, nor can it involve any kind of fraudulent information. Premarital agreements must be signed and drafted by the two partners, and notarizing the signatures is a smart decision.

Handling your spouse when you say you want a divorce

No one wants to tell your spouse that you want a divorce. It is generally an unpleasant experience that is rife with emotion. Initiating a breakup can be even more difficult when the other person involved in the divorce is actively trying to make you stay in the relationship. Both men and women are guilty of ostensibly ignoring their relationship problems until it is simply too late. So, what do you do when your soon-to-be ex-spouse tries to convince you to stay? We have some coping mechanisms to help you achieve a clean break.

When you first tell your spouse that you want a divorce, there are a few things that might occur. Your spouse may push for therapy or start reading a large number of self-help books. Therapy is actually a pretty good idea, according to some experts, even if you still intend to end the marriage. Your therapist can act as a helpful go-between to improve communication throughout the breakup. During this phase, your spouse may also shower you with gifts to keep you around.

Man arrested for domestic violence after recent marriage

Individuals who are in a marriage that involves domestic violence may feel trapped or frightened, and making a decision to change the situation takes courage and resolution. In some cases, individuals may have been victims of domestic violence even before the marriage, but there are numerous legal options that can help victims protect themselves and alter their living situation.

Though legal remedies exist, victims of domestic violence must want the change for solutions to work. In a recent case in Florida, a woman who was the victim of domestic violence reportedly married the man who was accused of abusing her. Authorities report that the man had been arrested for a domestic violence charge. On April 24, a no-contact order was issued.

Woman takes girl after visitation, facing abduction charge

A Florida woman who allegedly kidnapped her child in May is facing federal criminal charges in connection with the incident. The 22-year-old woman apparently absconded with the 2-year-old girl in order to avoid vaccinating the youngster. The abduction reportedly occurred after the girl's father had dropped her off with her mother for a court-ordered visitation. The woman is accused of transporting her child across state lines in an effort to avoid prosecution in Florida.

Official reports show that the woman left a note for her current boyfriend, explaining that she could not allow the girl to be vaccinated or be "brainwashed." The mother and father had just been through a custody battle that had apparently concluded in April. Both parents had been given 50 percent physical custody of the girl; they exchanged time with the child every other week. When the girl was not returned on time, authorities were dispatched to the woman's home. There, they found her current boyfriend, who told police that the woman and child had left for good.

Should your premarital agreement include social media?

Social media use is on the rise, according to data from the American Academy of Matrimonial Lawyers. The Academy says 80 percent of attorneys dealing in divorce have seen an increase in social networking involvement in proceedings. For some individuals in Miami, Florida, bringing social media into a divorce could create consequences across careers and other aspects of life.

Some attorneys are now suggesting that premarital agreements include verbiage about social media. Agreements could lay out what is acceptable to post during and after a marriage for each spouse. It's true that you can't stop people from posting about you on their own social networking pages, but a premarital agreement can discourage derogatory or reputation-damaging posts by spelling out a monetary consequence.

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