Moving on After Divorce

Divorce may be a stage in life, and some people go through it more than once.  Just when they know all there is to know and dislike about their spouse, they get married again.  In Family Law, that is not referred to as “repeat offender” (though maybe it should be in some cases).  But no matter how many times you and your spouse split, ‘Separated’ is not the same as ‘Divorced,’ especially when it comes to real estate ownership in Florida. You may be “ABD” (All But Divorced), but while you are still married, you still have a financial interest in your almost-ex’s real estate.  Happily or unhappily, you and your spouse have a Tenancy by Entirety. Tenancy by Entirety includes the unities of Joint Tenancy with Rights of Survivorship plus the Unity of Marriage, which subscribes to the legal fiction that husband and wife are one entity.  As long as the marriage is intact, neither can break the tenancy nor otherwise convey the property.  However, upon the dissolution of the marriage, the property is automatically held as Tenancy in Common. Things can get messy in divorce…and things can get messy if the divorce is not completed.  Do the math […] Read More

Wise Men Say: Therapeutic Divorce

Only fools rush in…divorce can take longer.  Divorce can be an epic blood sport, or it can be over and done with in about a month. Therapeutic Divorce offers unhappy couples greater involvement in the negotiations (instead of leaving it up to a Judge to decide) and keeps the proceedings out of public record.  Therapeutic Divorce is an alternative to the traditional courtroom drama.  Done through mediation, it gives both sides greater opportunity to mold the agreement. You can have a court battle if you want to, but if you are ready to sit down and take the necessary steps to complete the procedure, then it can be done without dragging out legal billing.  When the love is gone, it is only math. Divorce is not just for the wicked.  Therapeutic Divorce allows both sides to continue doing what they are good at—whether it is being a good parent, a good employee, etc.—while they work out the details of a difficult situation. Read More

Rash Behavior in Divorce

Boy meets girl.  They fall in love.  They get married.  Then boy finds out that girl is sleeping with his best friend.  To get “even,” boy sleeps with girl’s best friend.  Boy wakes up with a rash. Divorce is sometimes necessary.  Once the love is gone, it’s only math, and lawyers can help you get through the long division. Division follows a pattern of steps until there are no remainders.  Quotients do not come from rash decisions.  In a personal situation, you may need separation from the emotional aspect in order to proceed with the “business” of divorce.  Lawyers remove emotion so that a problem can be resolved. You can still spend a lot of time, money, and anguish in a divorce case.  You can pay astronomical legal fees to a divorce attorney to eviscerate your spouse.  Or you may want to consider Therapeutic Divorce.   An advantage of Therapeutic Divorce is that it goes through mediation, not public records.  You sit down with your ex-spouse-to-be and hammer out a deal that everyone can agree on…you are not leaving your assets up to a judge to divide.  Thus Therapeutic Divorce is a way for the couple to have more control over […] Read More

Hi-Ho The Derry-O What A Legal Mess!

The Farmer in the dell, the Farmer in the dell, hi-ho the derry-o the Farmer in the dell.  The Farmer takes a Wife, they start a married life, hi-ho the derry-o the Farmer and his Wife. The Farmer and his Wife, they have a little strife, hi-ho the derry-o they decide to divorce.  The Farmer stands alone.   The Wife stands alone.  Hi-ho the derry-o the Wife gets the home.  The Wife gets the house, from her x-spouse, hi-ho the derry-o, he quit claimed the deed. The Wife moves away, the Farmer needs to stay, hi-ho the derry-o, the Farmer’s in the house.  The Wife lets him stay, the loan she cannot pay, hi-ho the derry-o, she lists it for Short Sale. The Agent shows the house—but there’s people living there!  Hi-ho the derry-o, the Agent got a scare! “What is going on?”  The Wife is now alarmed, hi-ho the derry-o, he rented out the house. “He rented out the house?”  He rented out the house.  The Farmer was not supposed to but he rented out the house. “Get those people out!” the Wife began to shout.  “Hi-ho the derry-o, those people have to go!” The Farmer cut the water, he […] Read More

Legal Trouble

Nobody hopes for legal trouble in the New Year.  Nobody has their black-eyed peas for good luck, greens for prosperity, and then a toast of poison.  But sometimes legal trouble has a way of finding you. In divorce cases, When the love is gone, it is only business.  That can be true of most legal matters. Attorneys remove the emotion so their clients can take the necessary steps to move through a legal problem.  Even in home foreclosure, an attorney can help a homeowner walk through the process toward the best possible outcome. Decisions in a legal battle are not easy to make on your own.  Attorneys approach legal troubles simply as business; they take the emotion out of the problem to look at choices and consequences available. Nobody wants to have to hire a lawyer, but if you are in legal trouble, an attorney can be an asset. Read More