Articles Tagged with Boca Raton family lawyer

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There is never a good time to divorce, when everything will be simple, but some issues, such as those related to division of property, seem even more complicated when the parties are elderly.  Perhaps Florida’s most notable case is that of Burt and Lovey Handelsman, who started divorce proceedings after 67 years of marriage and after amassing a fortune through ownership of commercial real estate properties throughout South Florida. Although it does not involve the same huge sums of money as the Handelsman case, Zelman v. Zelman might be an even messier case, because one of the parties is suffering from dementia.

Details of the Zelman Case

In 2014, Martin Zelman was in his 80s and suffering from dementia and short-term memory loss.  His son Robert Zelman petitioned the court to appoint him or one of his sisters (Martin’s daughters) as their father’s guardian. The petition also mentioned Lois Zelman, Martin’s wife to whom he had been married since 1993, among Martin’s “next of kin,” but it did not recommend her as a guardian and implied that she was an unsuitable choice to act as such. The court appointed Robert as Martin’s temporary guardian, in charge of his health and financial affairs.  As soon as the court appointed Robert as Martin’s guardian, Robert, acting on Martin’s behalf, filed a motion with the court to have Lois removed from the marital home, claiming that she had been abusing and neglecting Martin in his vulnerable state of health. In response, Lois provided the court with evidence that she and Martin were happily married and that she had remained true to her vow to care for him in sickness and in health. The court ruled that Lois must leave the couple’s apartment, and she complied, moving into another apartment in the same building.

Lois argued that Martin was not sufficiently incapacitated as to require a guardian; she proposed instead that the court appoint a power of attorney and health surrogate for him and that he receive in-home health assistance around the clock. Many other petitions followed, filed by Lois and by Robert, disagreeing over details of the extent of Martin’s incapacity and over whom, if anyone, the court should appoint as his guardian. An attorney representing Lois alleged that Martin’s children were trying to force Martin to divorce Lois. The court ruled that, even if the court dissolved the marriage, such a dissolution would not count as a divorce, and that Lois would be entitled to the same assets from Martin’s estate, upon his death, as if they had still been married. Continue reading

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A woman in New York wanted to divorce her husband for years, however, she had repeated difficulty serving him with divorce papers as he had no permanent residence, no known employer, and could not be physically located. She reportedly tried for a long time to somehow serve the divorce papers with no success. To help her finally dissolve her marriage, Ellanora Baidoo and her attorney made an unusual request to the family court–could she serve her husband Victor on Facebook?

Successful service of divorce papers is an essential part of any marriage dissolution case because of the highly significant familial and financial effects that ending a marriage may have on an individual’s life. Though the civil procedure rules generally only specify that service of process can occur in person, by posting, or by mail, there have long been alternate arrangements allowed by the courts when the above methods proved unsuccessful. Over the past decade, email has become an increasingly used alternative option for service of process when other methods prove challenging.

Now, the judge hearing Baidoo’s case agreed that she could use Facebook to try to serve her divorce papers with some conditions:

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With the days getting warmer and longer, it means that the end of the 2014-2015 school year is approaching. Parents in Florida and across the United States are making plans for trips, choosing summer camps, and planning other activities to make sure their children have an enjoyable summer. If you have divorced your child’s other parent or were never married, however, summer vacation can present substantial challenges relating to child custody and visitation. If you have joint custody, both parents may want to make plans for vacations and or other outings and conflicts may arise regarding scheduling and similar matters. In order to avoid constant disputes and aggravation–which can have an effect on both you and your child–you should always plan ahead to try to best coordinate a custody schedule that will work for everyone involved. The following are only a few of many things you can do to make the most out of your child’s summer break.

Plan way ahead — Many couples decide to tackle the issues and possible complications of summer custody from the very start–during the original custody case. When they are negotiating the initial parenting and time-sharing plan to be approved by the family court, parents can try to foresee any scheduling issues over the summer and can come up with solutions that are set out in the agreement. If a conflict arises at a later date, they can refer to the parenting plan to resolve the issue.

Plan your summer calendar in advance — If you want to take your child to a concert, festival, or on a camping trip, you should try to fill out your calendar of events as early as possible. While being spontaneous can be fun, events may conflict with something the other parent wishes to do or may fall during the other parent’s custody time. For example, you do not want to both plan a weekend getaway for Fourth of July, expecting that the other one will agree to it. Instead, discuss your calendar and solve any conflicts up front before summer begins.

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According to tradition, a wife would change her name after marriage to take her husband’s last name. Changing a name was supposed to help identify a family unit and, in theory, made naming children easier. However, in more recent times, many women have increasingly made the decision to keep their last name or to come up with another name-changing option that works for them. Some women believe that changing their name takes away their personal identity, some may think it means they “belong” to their husbands like property, or others simply like their own original last name more. Whatever the reasoning may be, deciding whether or not to change your name is a personal decision and an important one. Whatever you choose can have legal, practical, and emotional implications.

Couples have become more creative when making name-change decisions. Some couples choose to hyphenate both names, some men take their wife’s last name, and others come up with a completely new name to share. Whatever you decide, the following factors should be considered:

  • Romantic traditions
  • An already-established professional reputation and identity
  • Both parents having the same last name as your children
  • Cultural importance or other meaning attached to your maiden name
  • Whether a new last name is aesthetically pleasing
  • Societal implications of giving up your independent identity
  • The inconvenience of a name change (and maybe changing it back if the marriage fails)

You should weigh all of factors seriously before making a decision because a legal name change cannot easily be undone.

If you make the decision to change your name after marriage, you should be sure to take all the necessary steps. You will have to go through the process of changing your name on all of the following and more:

  • Investment accounts
  • Health and life insurance
  • Post office
  • Estate planning documents
  • Payroll
  • Tax withholding documents

These will need to be handled in a particular order, as you will likely need your update identification in order to successfully change your name on most accounts. You will likely need a certified copy (or multiple copies) of your marriage certificate to present to different agencies. Additionally, you should always wait to start the name change process until after your honeymoon. If you purchased any tickets prior to marriage under your maiden name, you will need identification with a name that matches your tickets and reservations. In the event that you decide to get divorced and you have changed your name, you will need to go through the name change process again, provided you decide to return to your maiden name. This will require a certified copy of your divorce decree showing that the judge granted you the ability to go back to your maiden name.

If you need any assistance or advice regarding changing your name or any other legal issue related to marriage, divorce, or family, please do not hesitate to call the law firm of Alan R. Burton in Boca Raton at 954-229-1660 for help today.

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The recent controversy in Indiana centers around a new law that allows private businesses to refuse service to same-sex couples or homosexual individuals based on the religious beliefs of the business owners. While proponents state that the bill is focused on the freedom of religious expression, opponents claim the bill is simply a protection for business owners to openly and blatantly discriminate against gay people. Certain legislators in Florida have proposed a bill that would allow same-sex discrimination that may hit much closer to home–by private adoption agencies.

House Bill 7111, approved by the House Judiciary Committee on April 2, 2015, would allow any private adoption or child-placement agency that receives state funds to cite moral or religious grounds to deny adoptions to gay couples or individuals without risking their funding. The bill seems to be a direct and hasty response to the House of Representative’s vote to strike down the Florida ban on adoption by same-sex couples. Democratic legislators and organizations such as Equality Florida is speaking out against the bill as openly allowing discrimination. Representative Dave Kerner stated that any adoption agents who would discriminate should not be in the adoption business.

Adoption can be stressful

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The Florida Senate and House of Representatives will consider a newly proposed bill that would effectively end lifetime alimony awards in our state and make several others changes to existing alimony laws. Florida is currently one of only a few remaining states with laws that allow awards of lifetime alimony. A similar bill failed in 2013, however the new bill does not retroactively affect individuals already receiving alimony, which was a major issue that concerned Governor Scott and other opposition in previous versions. In fact, the new bill is largely supported by lawmakers

Under the new law, courts would also have significantly less discretion in alimony awards and the formula would instead closer resemble child support determinations, which are based on a specific income-driven formula. Instead of arbitrarily choosing alimony amounts and the length of awards, courts would use a formula that considered the income of each spouse, the length of the marriage, and other specific factors. Courts would still have the discretion to go outside the guidelines when they believe there is justification to do so. However, the guidelines would largely help to standardize alimony awards so spouses would have a better idea of what to expect in a pending divorce case. Additionally, there would always be an end date for an alimony award.

Some of the other changes to alimony laws that would take place should the bill pass include as follows: