Blog

Author: Paul E Rice, Jr. - Board Certified Divorce Attorney

The husband in a Florida divorce action versus Brevard County forged his wife’s name on a home equity line of credit (HELOC) to cover his obligation to invest $100,000.00 in a start up bank, where he sat on the board of directors. The wife later learned of the HELOC when the lender called threatening to foreclose on the home due to non-payment.
In what appears to be a case of first impression, a Florida Appellate Court recently ruled that state law only requires one parent to sign off on surgery for a child. The divorcing parents were separated and had equal custody rights to their children. The mother gave consent for their 3 year old child to have adenoid and ear-tube surgery.
Choosing a lawyer these days is much different than it used to be. Back in the day, communities were smaller and there were less lawyers from which to choose. Most people in town knew the names of the best lawyers or knew who to ask to find the names of the best ones. Over the past 20 years, law schools have sprung up all over the state of Florida.
As a divorce attorney with over 30 years of experience, I can tell you first hand that marital infidelity is the number one cause for the breakup of marriages. While a researcher might say my evidence is anecdotal, client after client appears for their initial divorce consultation asking, “Does it matter that my spouse is cheating on me?” The short answer is no.
In an opinion released on September 10, 2015, the Florida Supreme Court ruled that the provisions of a prenuptial agreement were broad enough to waive a wife’s claim to any assets owned by husband at the time of the agreement or acquired in his name thereafter, including any enhancement of property titled in husband’s name that was acquired or enhanced during the marriage with marital labor or earnings.
According to leading legal research website, Westlaw, March is the peak month for divorce filings. Divorce filings uptick in January and reach a crescendo in March. This phenomenon is no doubt related to new year’s resolutions and people’s commitment to take action and make the changes they feel are necessary in their lives.
While hundreds of same-sex couples happily lined up this past Tuesday to get married after a federal judge ruled the state’s ban on same-sex marriage unconstitutional, Florida divorce lawyers readied their practices for more business.
A judge in Hillsborough County, Florida has refused to enter a divorce decree for a couple because the State constitution and its statutes do not recognize same-sex marriages. The same-sex couple was legally married in Massachusetts but now reside in Florida.
Karen Foxman, pictured here, previously a partner with the Rice & Rose Law Firm for 7 ½ years, is a candidate for Circuit Court Judge in the Seventh Judicial Circuit which covers Volusia, Flagler, St. Johns and Putnam Counties. While with the Rice & Rose Law Firm, Ms. Foxman was president of the Volusia County Bar Association and the Volusia/Flagler Association of Women Lawyers. Ms. Foxman practiced in the areas of divorce and family law and criminal law during her years with Rice & Rose.
More moms are staying home according to a recent study released by the Pew Research Center; however, those mothers are younger, poorer and less educated than their working counterparts.  Reversing recent trends, the analysis showed that 29% of mothers with children under 18 were stay-at-home moms compared to 23% in 1999. But, and it’s a big but, 34% of stay-at-home moms are in poverty versus only 14% in 1970.