Fort Lauderdale Divorce Lawyer Blog

Does Fort Lauderdale, Florida Have Jurisdiction to Resolve Your Divorce and Custody Case? (Part 2)

Published on: March 18, 2009 | by Sandy T. Fox

During my last post, I began to discuss if a divorce or custody court in Florida had jurisdiction under the Uniform Child Custody Jurisdiction Enfrocement Act (“UCCJEA”) to make an initial child custody determination. This blog post is a continuation of the case of Karam v. Karam from the Third District Court of Appeal.

On December 6, 2007, the Guadeloupe court entered an order finding that the children’s residence was determined to be the Husband’s residence and that they were to return to Guadeloupe to reside with the Husband. The Guadeloupe court specifically found that the “usual and permanent centre of the minor children’s interest” was and always had been in France, their stay in Florida (for over two years with the Wife) was “purely linguistic and cultural enrichment,”, and that the petition was filed in the French court before one was filed by the Wife in the American Court.

The Florida court dismissed the custody portion of the Wife’s petition for dissolution of marriage. The Florida court found that the facts and arguments presented were the same facts and arguments presented to the French appellate court which had affirmed the order of the French court, the Wife should not be permitted to re-litigate the custody issue in Florida, under the UCCJEA the French court’s order constitute the initial custody determination, the French courts exercised jurisdiction in substantial conformity with the UCCJEA, the French court’s determinations were made meeting the jurisdictional standards of the UCCJEA and that the Wife failed to demonstrate that the parties stay in Florida was anything other than temporary.

Should You File Your Divorce And Custody Case in Fort Lauderdale, Florida? (Part 1)

Published on: March 17, 2009 | by Sandy T. Fox

During divorce and paternity proceedings, Sandy T. Fox, a Fort Lauderdale attorney, can assist clients with custody and time-sharing disputes. One of the most common conflicts related to custody cases, such as those in Broward County, Florida, deals with jurisdictional competition and conflicts with courts of other states and countries pertaining to child custody and time-sharing. The divorce court can make an initial child custody determination if Florida is the home state of a child on the date that the proceedings commence.

In Karam v. Karam, the Third District Court of Appeal was presented with the issue of whether the trial court departed from the essential requirements of the law in dismissing the custody portion of the Wife’s petition for dissolution of marriage was quashed.

The parties have two children and lived in Guadeloupe until 2005. In 2005, the parties entered the USA on the Husband’s investor visa and placed their home in Guadeloupe for sale. The Husband created a corporation in Florida and opened a store in Miami, Florida. The parties purchased a $1.2 million home in Florida, obtained insurance for the residence and cars and obtained a Florida drivers license. The Wife obtained a US social security card and health insurance for the children. While the minor children attended school in Florida, they spent the holidays and summers with the parties in Guadeloupe. Although the parties resided in Miami, Florida since 2005, the parties also maintained a residence, bank accounts, vehicles and businesses in Guadeloupe.

Marriages in Fort Lauderdale, Florida End In Divorce While The Economy Prolongs Some Marriages While Ending Other Marriages

Published on: March 5, 2009 | by Sandy T. Fox

Filing for divorce in Fort Lauderdale, Florida is hard to do during a recession. Parties are divorcing but can’t sell their home, so they still living together for now. They both live in the same house they can’t sell because of the bitter state of the economy. The stress of the country’s economic meltdown is taking its toll on marriages in Broward County, Florida. There is no evidence that people file for divorce more or less frequently during an economic slump. However, couples experiencing marital problems are feeling extra stress because of the economy and can not leave their current situation because the financial costs are enormous and the inability to sell their house. On the otherhand, couples experiencing marital problems may divorce because of the economic strain or because divorce during hard times could be weirdly profitable.

Couples who are certain that they want to proceed with a divorce will lose less money to their spouse due to the current state of the economy. In the past, recessions have caused married couples to separate in part due to the uncertainty and unemployment of the husband and wife. However, Husbands and Wives can make better financial choices by living together during a divorce. The economy has also impacted an individual’s ability to pay a divorce lawyer in Broward County, Florida $3,000.00 to $5,000.00 as a retainer. A protracted divorce case involving complex custody matters can cost $30,000.00.
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