No-fault divorce is the dissolution of marriage without blaming either party. At-fault divorce, on the other hand, requires one spouse to prove that the other spouse caused the marriage to end in divorce. People are truly concerned that the conservatives will be able to pass a law that would make it harder for people to escape dangerous marriages.

In 1969, Ronald Reagan, who was the governor of California at the time, was the one responsible for signing the country’s first no-fault divorce law. He later called it one of the biggest mistakes of his political life, but plenty of Americans are no doubt glad for the opportunity to leave miserable marriages without having to blame their spouses.

In fact, Reagan endorsed it because he wanted to remove “the acrimony and bitterness between a couple that is harmful not only to their children but also to society as a whole.” Even though he acknowledged that breaking up a family was tragic, he believed allowing divorce would “remove the sideshow elements in many divorce cases.”

However, many people believe that no-fault divorce has created many more elements. Divorce used to be extremely rare back in the 1600s, with roughly one divorce per year. That changed in 1848 when the  “Married Women’s Property Acts” made it easier for wives to claim physical and financial assets. Variations in state divorce laws then led to migratory divorces, in which couples would leave one state to get divorced in a more permissive state.

It has been said that laws regulating divorce are for good reason. They are not some sinister, patriarchal plot. Instead, they were created with the goal of preserving marriages and protecting children.

Religious groups in particular advocate for legislation that encourages married couples to slow down divorce done in haste. They believe that “cooling off” periods can help reduce a person’s anger so they don’t break up their marriage over a seemingly minor issue.

Still, men and women alike should not be placed in dangerous situations. If there is abuse going on, for example, it is better to allow victims to be able to leave their marriages easily so they can avoid physical, emotional, and financial abuse.

Seek Legal Help

For many couples, marriage is hard enough to end as it is. There are so many legal elements involved, and making it harder to divorce will do more harm than good, leaving people in vulnerable positions.

It probably won’t ever get easier to divorce, so if you’re considering it, now might be the right time to pull the trigger and contact a lawyer about your legal options. Fort Lauderdale divorce lawyer Edward J. Jennings, P.A. is here for you to help resolve your divorce as amicably as possible. Fill out the online form or call (954) 764-4330 to schedule a consultation.

Source:

dailycitizen.focusonthefamily.com/divorce-is-devastating-it-should-be-difficult-to-break-the-knot/

Should you start the divorce proceedings now, or wait until the first of the year? There are several things you need to consider in order to make the right decision and not make matters worse. While there is no right time, you do need to weigh the pros and cons. Here are some factors to keep in mind.

Protecting the Children

Children look forward to the holiday season with joy, so a plan to divorce right in the middle of it all can really rock their world. You should at least consider their feelings and opt for a sense of normalcy during this time.

Additional Stress

The holidays can be fun, but they bring about more stress than everyday activities. This can lead to more tension, especially when divorce is on the horizon. Instead of stressing out, focus on the children and the spirit of the holidays. Many couples have a positive mindset during this time so that the family can spend one last holiday season together before the split,

Logistical Challenges

Divorcing during the holidays could mean dividing finances and changing living situations. This will be a challenge if you have children looking forward to Christmas. The holidays are a time for togetherness and celebration, so it may make more sense and make things easier to just wait.

Abuse

If the marriage is toxic and there is abuse, you definitely want to start the divorce proceedings sooner rather than later. That’s because the holidays are stressful and overwhelming, and if abuse is already present, then it will likely escalate during this time.

Expenses

The holidays are expensive, and so is divorce. Gifts, celebrations, and traveling all cost money, and if you plan to divorce, you need to consider lawyer fees and court costs on top of that. Plus, you may need to pay for parenting classes, refinance your home, or look for new living arrangements. All this costs money, so be mindful of this as you decide on when to divorce. You’ll need to make sure you have enough funds to cover all these expenses.

Schedules

January is known as divorce month, so you can bet it’s a busy time of year. Your divorce may need to be delayed if you wait until the first of the year. It may be better to get things started before the holidays.

Seek Legal Help

When it comes to divorce, timing matters. The holidays are coming up and things can get tense. It can be hard to make plans and make everyone happy, especially when children are involved.

When’s the right time to divorce? Get solid advice from a Fort Lauderdale divorce lawyer Edward J. Jennings, P.A. We help clients through Florida divorce matters throughout Broward County. Call (954) 764-4330 or fill out the online form to schedule a consultation.

Source:

mediate.com/should-we-wait-until-after-the-holidays-to-start-our-divorce/

Divorcing after age 50 is called a gray divorce and it’s becoming a growing trend. Many couples have tried dealing with their problems for years and are ready to end their marriages. Once they retire or become empty nesters, they may finally feel free to divorce and live their own lives.

This is a sad situation to have to go through after decades of marriage. You don’t have to lose that loving feeling once you enter old age. If you’re looking for happily ever after, it will take some effort on your part but it can be done. Here are some tips to avoid a gray divorce.

Take a Trip Down Memory Lane

Surely there are some happy memories about your marriage, whether it was the birth of your children, a vacation, or other major event in your life. Spend some time reminiscing about those happy times with your spouse. Can’t remember every detail? Bust out some photos or dig up those old journals. These memories should draw you and your spouse closer together and help you two remember why you married each other.

Spend Time Together

Many couples drift apart after time. They may develop their own hobbies and pretty much live separate lives. This can spell doom for a long-time marriage. Couples need to stay friends with each other if they want their relationship to survive. Your spouse should still be your go-to person after all these years. Spend time communicating with them daily. Do things together. It will bring back the spark in your marriage.

Agree on Finances

Money issues are a major cause of divorce. Even as you get older, make sure you and your spouse are on the same page when it comes to finances. This is especially true if you are both retired and on fixed incomes. Stick to a budget and talk to each other openly about upcoming purchases and other financial issues you may be facing.

Make Romance and Intimacy Priorities

Even after age 50, you should set aside time to “date” each other. During these date nights, communication should be positive and not focused on negativity. Find ways to enjoy each other’s company, even when the budget is tight.

Even if sex is not as important to you anymore, you and your spouse should still engage in some form of physical intimacy. Have an open discussion about your sexual needs and seek to meet them for each other. Any type of physical affection will do, such as holding hands, snuggling, kissing, or touching.

Seek Legal Help

Marriage is not easy. As you get older, maintaining a marriage can be harder due to various factors.

Avoiding a gray divorce takes a lot of effort. Can’t make your marriage work? Seek legal help from Fort Lauderdale divorce lawyer Edward J. Jennings, P.A. We can provide effective representation so you can divorce with ease. To schedule a consultation, call (954) 764-4330 or fill out the online form.

Source:

tyemedical.com/blog/8-tips-for-a-happy-marriage-after-50-how-to-avoid-gray-divorce/

Once the kids go off to college, couples may feel lost. They may feel as though they have nothing in common anymore. They spent all their time raising children. Now what? Can their marriage survive?

Sometimes it can, but in many cases, if one person is not happy, then the marriage is pretty much over. However, once your children leave the home, you may have some questions. What do you do now? Should you stay married and just do whatever makes you happy? Do you have concerns about how a divorce will still impact your children even though they are in college and on their own?

Once you’re done raising children, you want to start redefining your life priorities. You’re in a new life stage now. Here are some things you should consider.

Don’t Overlook Non-Traditional Arrangements

Now that your children are out of the house, you can define what you want your marriage to look like. You can choose to divorce if you want. You can also stay married but maybe not live together. Or you can stay married but downsize and live somewhere else. You could also open up your marriage. You and your spouse can define your marriage. It doesn’t have to be traditional; you call the shots. You should not view anything as absolutely good or bad. A divorce should not be viewed as a failure. People experience it all the time.

Don’t Ignore Finances

As you get older, money often becomes more of an issue. You’re likely saving for retirement. If your kids are out of the house, they are probably off to college, and tuition is expensive. You could be supporting other family members as well, such as aging parents.

If you decide to divorce, it will be costly. The average divorce costs $15,000, plus you will be splitting half of everything. This could ruin your retirement plans, so keep that in mind.

There’s Hope

As people get older, they tend to feel more confident in themselves. Studies show that people’s sense of optimism rises gradually from their 20s and beyond, peaking at about age 55. So even if you are considering a divorce later in life, you’ll be better able to deal with relationship challenges now that you’re older. Just make sure you have a good support system and do what makes you happy.

Seek Legal Help

Many couples consider divorce once the children leave the nest. It’s sad to say, but sometimes children are all a couple has in common.

Is a divorce imminent? If so, Fort Lauderdale divorce lawyer Edward J. Jennings, P.A. can provide you with compassionate, dedicated, and effective representation. Schedule a consultation by filling out the online form or calling (954) 764-4330.

Source:

forbes.com/sites/traversmark/2023/09/01/the-empty-nest-divorce-trend-explained-by-a-psychologist/amp/

When defects happen during the construction process of your new home, business, system, or other structure, it can be frustrating. It can also be costly. What recourse do you have? Read on to learn more about the various defects that can occur and what legal options you have to remedy them.

Types of Defects

There are three types of construction defects:

• Design defects. These defects come about during the planning stage and often involve architects or engineers. The defects affect the design of the building or system and may include poor drainage, flawed roof designs, or inadequate structural support.
• Material defects. These issues involve defective or damaged building materials. Builders may use inferior products to save money, but these materials often do not last very long. They also do not work as well, causing issues with the home.
• Construction defects. These defects involve the workmanship and actual construction of the building. These defects may include issues with the plumbing or electrical.
• Operational and maintenance defects. These defects are caused by the owner and involve a lack of maintenance or poor operation. For example, keeping the temperature too low on an HVAC system during the winter can cause pipes to freeze.

Construction defects may include defective roofing, defective designs and plans, building code violations, toxic mold, thermal and moisture issues, water damage, defective materials, manufacturer defects, contractor negligence, violation of industry standards, structural damage, unstable foundations, landslides, seismic damages, fraud, contractor licensing issues, and a lack of a proper inspection.

What Remedies Do I Have?

You should have a contract from the contractor that outlines the dispute process. The most common remedies are mediation and arbitration. You will likely have to go through these processes first before you can file a lawsuit.

If your contract does not include any remedies, contact a lawyer. Your lawyer can review your case and help you understand your options. You may be able to file a claim with your insurance company or sue the contractor for breach of contract and other issues.

Seek Legal Help

Whether you’re remodeling a building or having a brand-new property built, it’s important that it is built properly. Sometimes contractors cut corners to save time and money, with the result being shoddy work. This subpar work can result in tens or even hundreds of thousands of dollars in damages.

If you’re not happy with the quality of the construction work, seek legal help from Fort Lauderdale real estate litigation lawyer Edward J. Jennings, P.A. You may need to file a lawsuit in order to receive compensation for your damages. Call (954) 764-4330 or fill out the online form to schedule a consultation.

Source:

travelers.com/resources/business-industries/construction/types-of-construction-defects

What about keeping secrets about money? Would you consider that infidelity? If not, then maybe you should.

This is called financial infidelity and it has become a huge issue in recent years. Married couples should be transparent about how much money they are making and spending. Instead, many are keeping their money matters a secret from their spouses, leading to marital stress and divorce.

Statistics show that 25% of married couples are hiding a financial secret from their spouses, whether it’s not telling them about a major expense, giving money to family members, or having a separate credit card. It seems that the main reason why is that couples have trouble talking about money. Most do not even discuss financial matters until they are married. They feel more comfortable talking about sex than money.

If you and your spouse keep mum about your earning and spending, it’s time to change that. Stop being a statistic and start being up front about finances. Here are some tips to help you feel more comfortable about the topic.

How to Talk About Money

Discussing money matters is important as a couple, as it prepares you for the future. It will help you and your spouse be on the same page about what you are spending money on as well as how much you are earning. This can help with paying bills and planning for big expenses, such as a house or car.

The good news is that you can still maintain some degree of privacy over your finances, especially if you have a separate bank account. You just need to both have a general direction and be on the same page.

Work as a team. Establish a budget together by writing down all your debts and spending habits. Also, discuss financial goals and investments with your spouse? Is it time for a new car? Do you want to buy a house? What stocks do you want to invest in?

By working together instead of against each other, you’ll be less stressed about money because you both will be on the same team. Saving money is a very adult thing to do and can even be fun. You can both look for ways to bring in even more money and treat it as a game to help you get closer.

Seek Legal Help

Infidelity can involve much more than physical intimacy with another person. It can also involve finances and when there are secrets about money, it can lead to stress, relationship issues, and even divorce.

Is your marriage rife with financial stress? Are you tired of arguing and ready to divorce? If so, Fort Lauderdale divorce lawyer Edward J. Jennings, P.A. can provide dedicated and compassionate representation. Call (954) 764-4330 or fill out the online form to schedule a consultation.

Social media can be a great tool for keeping in touch with friends, but when you’re going through a divorce, that’s a whole different matter. Studies show that social media has a negative effect on both marriage and divorce.

Being preoccupied with social media affects the quality of your marriage. In fact, it has been shown that those who do not use Facebook and other apps are 11% happier in their marriages.

Social media use is also tied to divorce. Twenty percent of divorces are caused by Facebook, whether it’s because someone caught their spouse cheating on the site or some other reason. Plus, more than 80% of divorce lawyers report that clients are increasingly searching for online evidence of affairs and other bad behavior. After all, people tend to post everything online, and this hurts people in a divorce when assets, child custody, child support, and alimony are on the line.

How to Get Through Your Divorce

It’s best not to use social media at all during your divorce. This allows you to focus on your children, and more importantly, yourself. But if you can’t quite quit it cold turkey, here are some tips to keep in mind:

• Don’t use social media to vent. Avoid badmouthing your spouse and posting negative comments online. Remember that others can see what you post online, so keep things civil.
• Think positive. If you must post something, post positive sayings and photos. Avoid the negativity.
• Change your settings. Block or unfriend those who you don’t want in your life after the divorce. Increase your privacy settings and only communicate online with people you trust.
• Don’t discuss your divorce online. Your divorce case should be kept private—between you, your ex, and your lawyers. There’s no need to share any details about custody, assets, or any drama.
• Don’t post anything sexually explicit from your marriage. Not only is this in bad taste and highly inappropriate, but it’s also illegal in some places. You don’t want to post anything that will make you or your ex look bad. Move on from your marriage and focus on the future.
• Monitor your child’s internet usage. Many children have access to social media and will use it to post information about the divorce or how they are feeling. Ask to see your child’s posts and monitor what they say and do so you can protect them from cyberstalking and online bullying. 

Seek Legal Help 

Social media can be detrimental in a divorce. Try to avoid it if you want a divorce with less stress and drama.

Get help with your divorce from Fort Lauderdale divorce attorney Edward J. Jennings, P.A. Our dedicated lawyers can provide you with the skilled representation you need. To schedule a consultation, call (954) 764-4330 or fill out the online form.

Resource:

psychologytoday.com/us/blog/better-divorce/202111/marriage-divorce-and-social-media-recipe-disaster

When Your Business is a Marital Asset in Florida 

Whether you formed your business before tying the knot or afterward does not matter to the Florida courts. Under Florida Statute 61.075, any nonmarital property that was enhanced in value over the course of the marriage thanks to the physical or monetary efforts of either party is considered a marital asset ((6)(a)1.b). Additionally, all income earned from nonmarital assets during the marriage and that was treated, used, or relied upon by both parties as a marital asset, is also considered a marital asset ((6)(b)3.).

For instance, if your spouse contributed to the growth and success of your business in any way—even if it meant that he or she stayed at home with the kids so that you could invest all of your time into growing your company—it is a marital asset. If your spouse worked overtime so that he or she could pay the bills while your business struggled, your business is considered a marital asset. If you and your spouse used the income from your business to pay the bills, save for retirement, pay for health insurance, or go on vacation, it is considered a marital asset.

How to Save Your Business Assets From Distribution 

The most effective way for business owners to keep their business assets from being divided in a divorce is to draft a legally valid prenuptial agreement. Though not romantic, a prenuptial agreement can set financial expectations and responsibilities for each spouse. It can also help each spouse determine what part of the small business, if any, will be marital property and what percentage will remain separate.

Of course, if you are reading this, you are likely beyond the “agreement” phase. If you have yet to file for divorce, and if you and your spouse are still somewhat civil, consider forming an LLC or Corporation. Both an LLC and Corporation are separate entities, which means that any assets that the business owns are, well, the business’s.

However, keep in mind that any marital assets used to pay for the business’s expenses can either be subtracted from your overall settlement or used to determine whether or not the company is actual marital property. If you choose to go the entity-formation route, you need to be careful in how you do so, and that you do not overstep any legal boundaries.

Really, the best way to protect your business assets is to maintain a good working relationship with your ex. Though this is easier said than done, a divorce mediator can help the two of you communicate in a civil manner and come to an agreement that makes he or she happy and that preserves the financial integrity of your business. If mediation is not an option, a skilled divorce lawyer can negotiate on your behalf with the opposing counsel to ensure the best possible outcome.

Retain the Help of a Skilled Fort Lauderdale Divorce Lawyer

If you own a business and are about to embark on the divorce process, you need to retain the help of an experienced Fort Lauderdale property division lawyer. Your livelihood is at stake, and one wrong move may be the difference between saving your business and being forced to sell it or its assets for the sake of fair property division. Do not let your livelihood be affected by your love life. Contact the office of Edward J. Jennings, P.A., to discuss your options today.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html