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Earlier this month, the United States Supreme Court agreed for the first time to hear two cases that challenge state and federal laws that define marriage as being exclusively between a man and a woman. One case challenges a federal law that denies benefits to same-sex spouses in states where gay marriage is legal. Depending on how the Court rules, the other case may decide whether Americans have a constitutional right to marry a partner of the same sex.

The Supreme Court agreed to hear two of seven recently appealed cases that deal with same-sex relationships. The Court’s review will take place at a time when nationwide surveys reportedly show a majority of Americans support same-sex unions. In February 2011, Attorney General Eric H. Holder Jr. stated although the federal Defense of Marriage Act of 1996 (DOMA) would continue to be enforced, President Obama believes the law is unconstitutional and would no longer defend it against legal challenges. In addition, nine states now authorize gay couples to marry.

One case the Court agreed to review is a challenge to Section 3 of DOMA. The case arose after one member of a same-sex couple who was married in Canada died. Although the surviving partner inherited all of her spouse’s property, she was required to pay more than $360,000 in estate taxes despite the union. The United States Court of Appeals for the Second Circuit struck down DOMA, and the case was quickly appealed. The other case that will be heard by the Supreme Court challenges the constitutionality of California’s Proposition 8 ban on same-sex marriage. Although the United States Court of Appeals for the Ninth Circuit held the ban was unconstitutional, it is unclear whether the high court will limit its holding in the case to the State of California.

Although a number of states now allow gay marriage, many couples face hurdles with regard to Social Security survivor benefits, filing joint tax returns, and inheritance taxes. Gay couples who marry legally and later relocate often face additional legal difficulties. In addition, same-sex couples who split currently face what many refer to as the “gay divorce tax” because a transfer of wealth between former partners is generally more costly from a federal tax perspective. If you are facing the end of a same-sex or other long-term relationship in Florida, a competent family law attorney can explain your legal rights and obligations.

In 1997, the Florida Legislature passed the Florida Defense of Marriage Act. Under the law, the State of Florida will not recognize same-sex unions whether or not they were entered into legally in another state. Although gay and unmarried couples cannot divorce in Florida, important legal issues may be addressed in a legal separation agreement. A separation will normally divide a former couple’s property and debt and address both child custody and support. Facing the end of any long-term relationship is difficult. If you have questions, contact a qualified family lawyer to help you protect your rights.
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According to the National Council on Disability, about one in ten kids in the United States have at least one parent who is disabled. In addition, about 4.1 million handicapped parents are reportedly caring for a child under the age of 18. Although the Americans with Disabilities Act was passed in 1990 to protect the rights of handicapped citizens, disabled parents throughout the country still allegedly face a great deal of difficulty maintaining custody of their children. More than half of states purportedly allow a parent’s rights to be terminated based on a real or perceived disability. In addition, up to 80 percent of parents who suffer an intellectual or psychiatric disability allegedly lose custody of their offspring.

Each state reportedly allows disability to be considered by a court when determining child custody issues. In some states, diseases such as cancer are also taken into account. Additionally, disabled adults purportedly face discrimination with regard to adoption in most cases. Robyn Powell, an attorney for the National Council on Disability, stated she believes individuals with a disability may have the ability to adjust to the stresses associated with becoming a parent more easily than others because they are already accustomed to adapting. Powell said such parents should be supported instead of punished.

Powell stated that the number of disabled parents across the nation is expected to grow over the next few years as many wounded warriors return from overseas deployment. She also reportedly believes both private and public organizations should work hard to support disabled parents who require additional assistance and to ensure that their parental rights are protected. According to Powell, child welfare organizations throughout the nation should begin to assume disabled parents are capable of raising their children despite that they may require additional community support.

The question of who will care for your children in the event of a marital split is generally an emotional one. Most parents worry about not only losing custody of their kids, but how much time they will have to spend with them throughout the week and on important dates such as birthdays. Since October 2008, divorcing parents in Florida must enter into a court approved time-sharing agreement that states exactly how much time a minor child will spend with each parent. In the alternative, a family law judge will create a time-sharing schedule for parents who cannot agree. A Florida family court will normally examine a number of factors when considering any child custody award or agreement. A hardworking family law attorney can explain the process in more detail.
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For more than 20 years, Public Broadcasting Service staple Sesame Street has avoided discussing divorce on the show. Now, the Sesame Workshop that produces the hit children’s show has created a 13-minute segment regarding the topic for specific and targeted audiences. Although the divorce segment will not air on live television, it was produced as part of a multimedia kit designed to tackle the issue head-on in an allegedly understandable and non-frightening manner. According to Lynn Chwatsky, Sesame Workshop’s Vice President of Outreach Initiatives, the Little Children, Big Challenges: Divorce, multimedia kit was created to demonstrate to the children of divorce that they are not to blame, nor are they alone in their experience.

The parents of an estimated one million children throughout the United States choose to separate or divorce every year. Because many of those relationships end before a child begins school, Sesame Street researchers reportedly decided it was time to finally address the issue of divorce on the show. An independent segment consultant and Professor of Human Development and Family Studies at the University of Illinois at Urbana-Champaign, Robert Hughes, said parents who are going through a divorce often feel overwhelmed. The Sesame Street divorce kit was purportedly designed to give such parents a tool for helping their children cope with the normally emotional matter. Chwatsky stated the beauty of Sesame Street is that the Muppets can often do things for children that grown-ups cannot.

Each year, many Florida couples find themselves in the midst of a separation or divorce. The host of emotions associated with the end of a marriage can be overwhelming. Because of this, divorce can have a profound impact on both parents and their minor children. A strong support network of family, friends, and even professional counselors can help divorcing parents maintain a positive outlook and help their kids adjust to their new circumstances more easily.

A final judgment of divorce for the parents of minor children in Florida will include a time-sharing agreement and a parenting plan. A time-sharing plan will outline a child’s schedule and state where he or she will spend overnights, holidays, and other important dates throughout the year. If you are a Florida parent who is considering divorce, you should contact a capable divorce attorney for assistance.
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According to researchers at the University of Michigan’s Institute for Social Research, a husband’s relationship with his wife’s family is a good indicator of future marriage success. A forthcoming study published in the journal Family Relations analyzed 373 married couples over a 26-year-period. At the beginning of the study, all couples were married for less than one year and each spouse was between the ages of 25 and 37. Researchers asked each member of the couple to rate how close they felt to their spouse’s family and then followed the success of each marriage over time. The study reportedly found that couples were 20 percent more likely to remain married when the husband had a good relationship with his in-laws. In addition, couples in which the wife had a good relationship with her spouse’s family were reportedly 20 percent more likely to end their marriage.

Lead study author, Dr Terri Orbuch, believes the disparity may arise from the differing ways in which men and women view themselves and their familial relationships. Orbuch said relationships are generally more important to women, so it is a positive characteristic when a man gets along with his wife’s family. For women, Orbuch stated, their role as a wife and mother tends to be very important. Orbuch believes women may become too involved in their husband’s family and fail to set boundaries. Consequently, any statements made by even a well-meaning in-law are often interpreted as meddling. Men, on the other hand, allegedly identify most with their role as a provider. According to Orbuch, husbands are simply much less likely to take the actions of their in-laws personally.

Sadly, 46 percent of the couples in the study later divorced. Although no one expects divorce to happen to them, about half of all marriages in the United States will eventually be dissolved. If you are considering marriage, you should discuss entering into a premarital agreement with your future spouse. A prenuptial agreement is a contract between the members of a couple that is signed prior to marriage. Normally, such an agreement will address how a couple’s assets will be distributed if the marriage ends. It will also describe any spousal support obligations that may arise in the event of a divorce or the death of a spouse. Entering into a premarital agreement is always a smart move. Many Florida couples who fail to enter into a prenuptial agreement before they marry later regret their decision. If you have questions about premarital agreements, you should contact a skilled family law attorney.
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A 35-year-old St. Augustine woman in the midst of heated divorce proceedings was recently arrested after she allegedly spray painted graffiti on the Duval County Courthouse in downtown Jacksonville. According to the Jacksonville Sheriff’s Office, the woman was caught painting letters, broken hearts, and angry messages to a family court judge on a walkway and several pillars attached to the newly constructed building. She is reportedly going through a messy divorce and custody battle. According to court records, her former husband has accused the woman of domestic abuse and asked for a restraining order against her.

The woman was charged with criminal mischief in excess of $1,000 and interrupting a business or utilities in connection with the courthouse vandalism. The woman also allegedly painted graffiti at the corporate headquarters of a family business that is owned at least in part by her former husband. She reportedly spray painted messages to her former spouse and her child in addition to painting other graffiti on the business.

In the State of Florida, domestic violence includes aggravated battery, assault, or stalking, kidnapping, false imprisonment, sexual assault or battery, and a variety of other criminal offenses. A victim of domestic abuse may seek a protection order against an alleged abuser. To obtain a restraining order against an abuser, a victim must provide the court with specific facts regarding why a restraining order is necessary. After a domestic violence victim requests a restraining order, a hearing is held to determine whether the alleged victim’s request should be granted.

In some cases, a protection order may be granted where there is a reasonable fear that domestic violence will occur. A temporary restraining order may be issued until a hearing can be held if the court believes a petitioner is in immediate danger. Temporary protection orders generally last for 15 days, but may be extended at the discretion of the court. A temporary or other restraining order requires an alleged abuser to stay away from his or her victim, the victim’s home, workplace, and other specified locations. A protection order may also award temporary custody of a couple’s minor children to an alleged domestic violence victim. If you were the victim of domestic violence, you should contact a skilled family law lawyer to discuss your rights in more detail.
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A movement to reform Florida’s alimony laws that began about ten years ago is reportedly beginning to gain momentum. Although the movement was initially primarily composed of divorced men, an increasing number of women are allegedly in favor of amending permanent alimony laws in the State of Florida. With divorce rates hovering near 50 percent, the increase in female support reportedly comes from second wives whose husbands are paying permanent alimony to their former spouse. Others are purportedly women who have refused to marry in order to keep their earnings from being used to recalculate a permanent alimony award.

According to Alan Frisher, Spokesperson and Co-Director for Florida Alimony Reform, although a number of changes were made to state alimony laws in recent years, they were not sufficient. Frisher, who has paid his former spouse permanent alimony for nearly ten years, stated most of the alimony laws currently in place in Florida were created in the 1950s. He believes they need to be reformed because societal shifts have fundamentally changed the economics of marriage. Frisher also said the goal of his organization is to educate legislators regarding the unfairness of current permanent alimony statutes.

Some feel that Florida’s current alimony laws discourage former spouses from becoming self-sufficient. It also reportedly creates lifetime financial ties between individuals who chose to end their marriage. When a Florida alimony payer remarries, a judge may increase his or her former spouse’s support award based on a perceived decrease in personal expenses. Florida Alimony Reform reportedly seeks an end to permanent alimony in favor of a fixed-term or long-term durational award system that would end once the payer reaches the age of retirement.

In most Florida divorce cases, some sort of alimony is awarded to the spouse who was the lower wage-earner. The idea behind a spousal support order is to provide a former spouse with additional income as he or she makes the transition to self-sufficiency. Most alimony awards are reportedly paid for a limited term based upon the length of a couple’s marriage. The concept of permanent alimony in the state was allegedly designed to protect a parent who stayed home with the children in lieu of working. Permanent and other alimony awards may be terminated if a payee remarries or cohabits in a marital-type relationship.

In Florida, a court may award spousal support where there is a need on the part of the alimony recipient and an ability to pay on the part of his or her former spouse. Normally, a needs assessment is conducted prior to any spousal support order. A needs assessment will examine the distribution of marital assets and the former couple’s standard of living before the marriage ended. In general, a Florida court will not award spousal support where the potential alimony recipient has the ability to maintain the same standard of living following the distribution of all marital assets. A competent family lawyer can explain the process in more detail.
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As the holidays near, many newly separated or divorced parents experience angst over the changed traditions and a possible separation from their children. Although a family law judge will determine where a former couple’s children spend each holiday, it is a good idea for separated or divorced parents to negotiate such matters with their former spouse. Mediators and parenting coordinators may make it possible for parents to come to an agreement and make it through the holidays without a lengthy court battle.

Karen D. Sacks, a licensed mental health and family counselor in West Boca, believes it is important for parents to listen closely to their children during the transition from a single to a dual household, especially during the holiday season. Sacks stated parents should ask for input from kids prior to making holiday plans even if they do not choose to follow all of a child’s wishes. Additionally, parents should keep in mind that many children of divorce become protective of their parents and are often concerned that one parent may spend the holidays alone.

According to Sacks, because children tend to take their cues from their parents, you should send your child off with a smile if your custody arrangement stipulates that he or she will spend the holidays with your former spouse. In such cases, Sacks stated, it is important to love your child more than you dislike your former husband or wife. By reacting to a child’s absence negatively, you will reportedly make being separated from you more emotionally difficult. In addition, making negative statements about your child’s other parent is normally extremely stressful on your kids. Similarly, grandparents who are angry over a divorce should not be allowed to bad-mouth your former spouse in front of the children.

Sacks believes all children recover from divorce at their own pace and maintaining an open line of communication with your kids is often key. Although you cannot continue as if nothing happened, you can ensure that you act like an adult. Despite that newly separated or divorced parents normally struggle with anger throughout the holiday season, it is vital for children to understand that the parental bond will not change no matter who they spend the holidays with.

Child custody is always an especially emotional subject, and most parents worry about how much time they will have available to spend with their kids following a divorce. Since October 2008, divorcing parents in Florida must enter into a time-sharing agreement. A time-sharing agreement will state exactly how much time a minor child will spend with each parent on weekdays, weekends, school breaks, and holidays. If a child’s parents cannot reach an agreement regarding a time-sharing schedule, a family law judge will create a schedule for them. In Florida, a family court will examine a number of factors under Florida law when considering any time-sharing agreement. Contact a capable family law attorney for more information.
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An effort is currently underway in Florida to encourage communication between birth parents and their children who were removed from the family home. Because more than half of all foster children in Florida will reportedly be returned to the home of at least one biological parent, the Florida program is designed to allow parents to maintain meaningful contact with their children in the interim. Additionally, the program purportedly provides birth parents with an opportunity to continue to have a voice in how their children are raised. Similar programs in other states such as Oregon and New Hampshire also provide birth parents with parental mentors or legal representation.

Most parents who lose custody of their children in Florida are reportedly battling a drug or alcohol addiction. Others allegedly became abusive or were affected by extreme poverty. Under the program, family law judges and child welfare workers determine how much parental contact with children in foster care is appropriate. Additionally, biological parents are required to take steps towards rehabilitation.

Depending on the situation, parents who are allowed to maintain contact with children living in foster care may do so over the telephone or in person. Foster parents are also encouraged to take steps to help children with the transition between homes and speak positively about the child’s biological parents. According to Kendall Marlowe of the Illinois Department of Children and Family Services, programs such as the one in Florida often eliminate the issue of older foster children running away in order to meet with a birth parent illegally. Marlowe stated the organization actively encourages contact between birth parents and children who are removed from the family home whenever possible.

One Miami foster parent said her foster training failed to address the issue of how children placed in her care would maintain contact with biological parents. Although initially reticent to interact with the parents of her foster children, she reportedly changed her mind after Florida began to formally encourage such contact. She stated it often helps the children to interact with a loving biological parent.

Family law in the State of Florida is constantly evolving and the question of who will care for your children is always an emotional subject. If you are faced with a family law matter such as a child custody dispute or an adoption, you should consult with an experienced family law attorney.
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An estimated quarter-million weddings are reportedly cancelled in the United States every year. In addition to heartbreak and disappointment, many would-be brides and grooms often find themselves saddled with the financial hardship of relinquishing thousands of dollars. According to a recent survey, the average cost of a wedding in the U.S. has risen to about $27,000. When a wedding is cancelled, many former couples lose the money they already spent on catering, flowers, and other wedding expenditures. In response, a new business model of selling cancelled weddings was recently created.

New companies that cater to couples who seek to save money by purchasing cancelled weddings at a discount have begun to pop up across the nation. One Virginia company, Bridal Brokerage, assists couples with buying weddings that were pre-planned by another couple who opted not to get married. The company’s CEO, Laura Byrne, stated she helps clients achieve a venue, photographer, DJ, and other wedding necessities for less. According to Byrne, there are currently more couples seeking to purchase a discounted wedding than she can accommodate.

In order to sell a wedding, the couple who has opted not to marry must contact a wedding brokerage company with information such as the wedding date, the maximum number of guests the arrangements will accommodate, the cost, and other details. The brokerage company then contacts couples who seek to marry under similar circumstances to see if the potential match will work for them. If a match is made, the wedding is sold at a discount to the new couple who also become responsible for any outstanding wedding bills. The wedding brokerage company then takes a percentage of the price of the wedding and forwards the remaining money to the original couple. Although couples who choose not to marry will not recover all of the money they spent, selling their unused wedding can help to reduce their overall financial loss.

While many couples reportedly choose to contact a wedding brokerage company in order to reduce wedding costs, others simply want to save the time and hassle associated with planning each and every detail of such an event. In order to use a wedding brokerage company, however, a couple must generally be willing to get married within two to six months. Additionally, wedding purchasers must be flexible because not everything will be personalized. Still, important details such as the dress, party favors, and invitations must be selected by the new couple.

According to Byrne, her company’s target market is couples who are constrained by money or circumstances, not those who have always dreamed of planning the perfect storybook wedding. Byrne stated in addition to the budget conscious, she often assists couples on an accelerated wedding timeline due to military deployments or pregnancy.

Although no one who is engaged to be married expects to be left at the altar or become divorced, entering into a prenuptial agreement prior to marrying is always a smart move. A prenuptial agreement is a contract entered into by a bride and groom before marriage. Such an agreement will normally address how a couple’s assets will be distributed and any spousal support obligations that may arise in the event of a divorce or the death of a spouse. Too often, couples in Florida fail to enter into a prenuptial agreement and later regret their decision.
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A study recently published by researchers at Bowling Green State University’s National Center for Family and Marriage Research found that an increasing number of adults in the Baby Boomer generation are choosing to cohabit instead of marry. Currently, approximately one-third of Baby Boomers, Americans born between 1946 and 1964, are unmarried. In 1980, only about 20 percent of people in the United States who were in the same age group the Boomers are currently in were unmarried.

According to Transitions Into and Out of Cohabitation in Later Life, the percentage of Americans over the age of 50 who have opted to cohabit with a partner has more than doubled since 2000. In 2010, an estimated 2.75 million people aged 50 and older lived with an unmarried partner. In contrast, researchers found only about 1.2 million single Americans over age 50 opted to cohabit ten years earlier.

According to the study’s lead author, Susan Brown, most Baby Boomers who choose to cohabit are likely to remain unmarried, but unlikely to end their relationship. Brown believes cohabiting has become an increasingly acceptable long-term alternative to marriage for many Americans. In fact, the research study found that single Boomers are just as likely to cohabit as to get married. For older people, cohabiting is reportedly not used as a stepping stone to marriage as it often is with younger generations. Instead, researchers found that death was more likely to end cohabiting for Baby Boomers than marriage or termination of the relationship.

Brown said she and other researchers sought to understand the patterns that lead many Baby Boomers to cohabit instead of marry. Study authors used population surveys as well as data from a 1998 to 2006 health and retirement study to track more than 4,000 unmarried heterosexual Americans between the ages of 51 and 75. Brown stated many Baby Boomers appear to simply lack an incentive to marry. For Boomers, societal and family pressures to marry have reportedly decreased at the same time financial disincentives to marriage have increased. For example, those who have lost a spouse may not want to marry and give up access to their deceased spouse’s Social Security benefits. Additionally, many are reportedly concerned with the financial implications of a possible divorce.

Although the State of Florida no longer recognizes common law marriage, cohabiting can still have a host of legal implications for a couple. In order to protect their financial and other interests, many couples who cohabit in Florida choose to enter into a cohabitation agreement. Having competent legal counsel for marital and family law matters can have a dramatic effect on your quality of life and your future. If you have cohabitation agreement or other family law questions, you need an experienced marital law attorney.
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