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

If you are about to embark on a Florida divorce, and if those numbers scare you, that may be a good thing. While the numbers should not keep you from going through with your separation, they should serve to make you more mindful of the way in which you approach your divorce.

Divorce is only expensive because the parties make it expensive, but the truth is that you can get away with a low-end divorce of right around $6,000 if you know which pitfalls to avoid. At the office of Edward J. Jennings, P.A., our Fort Lauderdale divorce lawyers can guide you through your divorce and advise on what you should and should not do to keep the cost of your divorce down.

Before You File, Make Sure You Have Access to Funds 

One of the costliest divorce mistakes most people make is filing when they do not have access to marital funds. Once you file, it will not be so easy for you to use the marital credit card to fund your lawyer fees, or to pull $10,000 from your joint account to cover your living expenses. Before you file, make sure that you have at least some accounts or cards in your name. This way, if your spouse does decide to block access or to freeze an account, you have some money to your name.

Get Your Documents in Order 

Part of the divorce process includes dividing property, which a judge cannot fairly do without all the proper information. If you want to guarantee a fair division of assets, gather everything from your tax returns to copies of your insurance policies and keep them in a safe place. You will need them when it comes time to show proof of income and proof of contribution to the marriage. Proving contribution is key, as Florida is an equitable distribution state, which means that the courts divide property based on a person’s contribution to the union.

Know What Your Assets Are Worth 

Another costly mistake occurs during the property division process as well. Too many people enter the divorce process without an idea of what their assets are really worth. For instance, say your home is worth $1,000,000, so you fight to keep it and in exchange, your spouse can keep the three vintage sports cars. You think it is a fair trade until you realize that the value of your house has gone down, that the taxes on the property are exorbitant, and that upkeep is unaffordable. You are forced to sell, and in the end, you walk away with less cash than if you had sold your three vintage vehicles. Before fighting for an asset, it is important that you understand its true value and your own financial position.

Be Familiar With Your Obligations 

Remember that half of dividing assets involves dividing debt. You may walk away with your fair share of assets in the end, but depending on the amount of marital debt, the value may seem insignificant in comparison. You may also walk away from the marriage with a couple of new obligations—alimony and child support—something to consider before you trade up your old sedan for a fast, new convertible.

Take Stock of Significant Assets 

Finally, too many people rush into divorce without ever really considering what they are leaving behind. Even if you and your spouse lived a modest lifestyle, you may own assets of significant value. Do not be too hasty to say, “She can have it all!” without first inventorying what you actually have. You may be surprised by the worth of some of your marital property, especially property you acquired early on in your union.

Preparation is Key 

To summarize this post, when it comes to divorce, preparation is key. Our Fort Lauderdale divorce lawyers at the office of Edward J. Jennings, P.A., can advise you throughout the entire process and ensure that you have everything in place for a successful, cost-effective divorce. Schedule a meeting with one of our skilled lawyers by calling our office today.

Resource:

huffingtonpost.com/galtime/how-much-does-the-average_b_3360433.html

If you think that you were the victim of coercion or duress in your divorce, act now. Contact the Fort Lauderdale divorce attorneys at the office of Edward J. Jennings, P.A., to reverse the settlement and obtain a new, fair one.

Prime Example of Coercion 

This past January, a divorce settlement between two Florida residents that was reached four years prior was reversed due to coercion. According to the record, the wife had obtained photos of her husband and his mistress via unknown means. She used the photos as blackmail, telling her husband that if he did not mediate a settlement that was favorable to her, she would make the photos public. The mediator even participated in the saga, telling the husband that if he did not agree to the wife’s terms, “[he] would be refused time-sharing with [his] children, would owe alimony . . . in addition to child support and would have to pay thirty thousand dollars ($30,000) in attorney’s fees to [the former wife]’s attorney.”

Two and half years after the initial settlement was agreed upon, and after several attempts to have the judgement modified, the husband filed a complaint with the circuit court in Duval County. In his complaint, he asserted that the wife utilized “strong-arm and extortionate tactics” which amounted to “fraud on the court.”

Unfortunately, the court sided with the husband but was forced to rule in favor of the wife. Why? Because the tactics the wife used are considered intrinsic fraud. In order for the husband to have come out ahead, he would have had to raise the issue within one year after the consent final judgment was entered.

This case serves as a prime example in two ways, it appears:

1. It is possible to reverse a divorce settlement; and
2. That knowing the statute of limitations is essential to the outcome of a case, no matter who files it or what the complaint is about.

Talk to an Attorney About Your Legal Rights 

If you believe that your former spouse used illegal or extortionate tactics to coerce you into a settlement that you would not have agreed to otherwise, call the Fort Lauderdale divorce lawyers at the office of Edward J. Jennings, P.A. today. As the above case proves, you have limited time to act, so do not wait and retain legal representation right away.

Resource:

edca.1dca.org/DCADocs/2017/0336/170336_1284_01032018_02530213_i.pdf

If you or your child is the victim of domestic violence and if you just want to ensure the best possible outcome for you and your family, it is important that you prepare for your case and understand exactly what to expect. Divorce is full of surprises, but when one is as emotionally charged as yours is apt to be, you want to be sure to limit as many surprises as possible. An experienced and compassionate Fort Lauderdale divorce lawyer can help you do that.

Get the Protection You Need First and Foremost 

While typical divorcing couples are worried about property division and finances at the beginning of the divorce process, you may be more concerned about how you are going to stay safe until your divorce is finalized. For you, the first order of may be to get a protection order against your abuser. Your family law attorney can advise you on which type of order is best for your circumstances (Florida has four categories of injunctions: one for domestic violence, one for repeat violence, one for dating violence, and one for sexual violence), and, until the injunction is approved, help you file a temporary order for immediate protection.

Unfortunately, an injunction is really just a piece of paper, and while it can serve to have your abuser arrested if he or she comes near you or your children, it cannot protect you before the police get there. You have to do that on your own by finding a safe place to live until the divorce is final, which may entail finding your local domestic abuse organization for help finding refuge.

Prepare for Contention 

A Florida divorce can get even the calmest and most emotionally stable individual worked up, so when dealing with an innately violent person, it is always best to prepare for the worst. While your divorce attorney will do most of the talking on your behalf so that you do not have to interact with your abuser, topics may arise that touch a nerve and that make the other party angry. Some such topics may include property division and child custody. Whereas most typical divorcing parties would discuss these issues face to face, it may not be best for you to do so. Instead, you may want to consider expressing your issues to your attorney, who can then relay them to the other party’s attorney. Of course, negotiations can be necessary, but those can be done via back-and-forth between your attorney and your spouse’s.

A Skilled Attorney is Ready to Work for You 

If you and/or your children are the victims of domestic violence, you may discover that the divorce process is one more complication to your marriage. Fortunately, it is the last complication. However, getting to the end will require strength that you did not know you possessed, endurance, and willpower. It will also require a skilled Fort Lauderdale divorce lawyer who understands your unique needs and who is willing to do whatever it takes to ensure that you come out the other end of your divorce happy, free from your abuser and, above all, safe. To take your first step to a new life, contact the attorneys at the office of Edward J. Jennings, P.A. to discuss your unique case today.

Resource:

floridabar.org/news/tfb-journal/?durl=%2FDIVCOM%2FJN%2FJNJournal01.nsf%2FArticles%2FE113E62B111CA2E585256DF300631EE7

How is “Emotional Abuse” Defined? 

Emotional abuse is defined as the tearing down or belittling of another person (in this instance, a spouse, child, or both) through one’s words, actions, and behaviors. The guilty party may be verbally abusive, insulting, or manipulative. The abuser may not feel any remorse in using the children as pawns in the divorce, or in manipulating them so that they come to fear, distrust, or dislike their other parent. Emotional abuse does not have to be constant in order to be considered abuse; their mood can shift from good and happy to manipulative and demeaning at the flip of a switch, which is just as harmful, if not more so, as constantly abusive tendencies.

Proving Emotional Abuse 

Unlike with physical abuse, emotional abuse cannot be proved with photographs, medical records, or eyewitness testimonies. Rather, the judge must rely on his or her own discretion when hearing each party’s testimony. That said, there are some things that you can do to help prove emotional abuse, including keeping records.

Most victims of emotional abuse are not aware of the abuse until well into their relationship, which is why it is completely understandable if you do not have any records from your earlier years together. That said, when you do begin to notice the abuse, make note of occurrences in your calendar or a personal diary. Continue to keep track of the abuse throughout the duration of the divorce process, as that is likely to be a time when the abuse is more prevalent. If your abuser will not leave you alone, file for a restraining order.  If he or she violates the order, report them.

Though a restraining order is one of the most definitive forms of evidence of emotional abuse, you do not necessarily need one to prove abuse. If the other party harasses you by phone, keep a record of the call logs. If their text messages to you are belittling or of a harassing nature, print them out. Keep all the evidence that you can, as it could serve to help you later in court.

How Emotional Abuse Can Affect the Outcome of Your Divorce 

Because Florida is a no-fault divorce state, a judge cannot place blame on any one spouse for the disintegration of the marriage. However, he or she can take the record of abuse into account when dividing up assets and considering a child custody arrangement.

An emotionally abusive parent is not likely to be deemed a good “role model” for a child, and is therefore not likely to receive much, if any, alone time with them. Depending on the extent of the abuse, who it was directed at, and how it impacted the victim(s), the judge may decide that the victimized parent gets primary or sole custody. This is the main reason that it is imperative that you keep record of the abuse and share it with your Fort Lauderdale child custody attorney.

If you are the victim of emotional abuse, reach out to the divorce attorneys at the office of Edward J. Jennings, P.A. for the help you need at this difficult time in your life. We will work hard to make sure that your child spends all or most of his or her time with you and that you are justly awarded for your pain and suffering throughout the duration of your marriage. To schedule your consultation today, contact us online.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Wisconsin was the first state to propose the implementation of pet custody laws, and while that bill never did pass, it set the precedence for other states to follow. As of January 1, 2018, Illinois is the second state to implement pet custody laws, with Alaska being the first last January. In both states, divorce court judges are required to take into consideration the best interests and wellbeing of the pet, which gives the judge the right to assign sole or joint custody as they see fit. The new laws even leave room for the possibility of “pet support,” or monetary support for the pet.

Why “Pets as Property” Might Not Cut it Anymore 

Until recently, all divorce courts treated pets as another piece of property. Some courts would grant ownership of the pet to whichever parent had the children more often, while others would determine that the pet should stay with the primary caretaker. However, in a world where people are having children less, and in which it is common for two pet owners to share equal pet-rearing responsibility, such “property division” techniques do not work. The courts could try to get one parent to “buy out” the other’s share in the pet, but most pet owners today are not likely to stand for that, given they view their furry loved ones as children and not lawn ornaments or pieces of furniture. States like Alaska and Illinois recognize this and are willing to work with pet owners, but what about the others?

Pet Custody is Just One More Cog in an Already Overwhelmed System 

Unfortunately, the truth of the matter is that the court systems are already overwhelmed as is, without adding pet custody to the mix. In an ideal world, pet parents would be able to work out an enforceable shared visitation schedule for their pets without causing a drain on the system, but in an ideal world, they would be able to do the same for their children. Unfortunately, we don’t live in an ideal world, and just like many child custody cases often turn into battles, many courts perceive the same thing happening with pet custody cases. As of right now, with the legal system as it is, many states do not have the resources to oversee pet custody hearings, much less enforce visitation schedules and pet support payments.

Your Options for Retaining Custody of Your Pet in Florida 

Though Florida is one of those states that does not have the resources to deal with pet custody judicially, that does not mean that you and your spouse cannot work out an agreement between yourselves. If you and your spouse own one or several pets together, and if neither of you can imagine getting along without your furry friend(s), you may want to consider drafting a pet custody agreement between yourselves that lays out a viable custody arrangement. This agreement is a legal contract, and though it is unenforceable by the family courts, if notarized, it can be enforced like any other legally binding contract.

At the office of Edward J. Jennings, our goal is to help divorcing couples through the dissolution of their marriage as effectively and painlessly as possible. If that means helping you draft a pet custody agreement, that is what we will do. Schedule an initial consultation with one of our skilled Fort Lauderdale divorce attorneys by calling our office or requesting an appointment online today.

Resources:

cdc.gov/nchs/nvss/vsrr/natality-dashboard.htm

chicagotribune.com/news/local/breaking/ct-met-pet-custody-law-20171218-story.html

washingtonpost.com/news/animalia/wp/2017/01/24/in-a-first-alaska-divorce-courts-will-now-treat-pets-more-like-children/?utm_term=.e630b3afb339