Many people think that after getting a divorce, their financial ties to their former significant other are now over. Unfortunately, that's not the case. Credit bureaus frequently are not up-to-date in regards to your marital status. Just because a judge has signed the divorce decree, doesn't mean all your problems are behind you.

More and more people are discovering that their former spouses either opened unknown joint credit during the marriage or shortly thereafter. To avoid this problem, the minute you think there's a problem with your marriage, consider placing a 90-day fraud alert on your credit. Obtaining your credit report from each of the big 3 credit bureaus early in the separation is also a good idea. This lets you know what is out there that you may not have been aware of.
Annualcreditreport.com is the best site to get your report from the big 3. After reviewing this report, if you discover any credit that you do not recall incurring, take the time to contest the entry. The report will explain how you can start the process. Placing a 90-day fraud alert on your credit also gives you protection from any unauthorized applications. If you wait until the problem arises after the divorce, you're doing yourself a disfavor. It will cost you more in the long run to fix fraudulent and unauthorized credit then it will to put up the necessary protections to save you from this problem.

Consulting with a family law lawyer will save you significant problems down the road. West Palm beach based LaBovick Law Group offers free consultations, so please don’t hesitate to call if you need advice regarding credit problems after a divorce.

I can't count the number of times I have been called into a case to fix problems occurring because people tried to represent themselves. Although the Florida Supreme Court created forms to make divorces easier and more accessible, knowing what to do with those forms is more important than creating or filling them out. Currently, the filing fee for divorces is $409 with another $10 fee for issuance of a summons. The summons eventually has to be served on the other party. Most people don't know how to do that.

I was in front of a Palm Beach County divorce judge yesterday and heard a comment that almost 70% of all pending divorces involve people trying to do it themselves. The judicial system was not funded or designed to handle people trying to do their own complicated legal work. Having a lawyer means not only protecting your rights and those of your children but also having someone who knows how to complete divorces quickly. Most divorces done by people representing themselves take more than a year to complete. Only a few hearing days per month are reserved for cases without lawyers. That means there are 10,000 cases competing for 2 days of hearing time each month. It doesn't take much calculating to figure out that some cases can take several years to be finished when neither party knows what to do.

Most uncomplicated cases can be resolved for less than $2,000. Getting divorced quickly and properly would seem to make it worthwhile for people to go this route. In most circumstances, we use forms and don't charge clients to reinvent the wheel. I give free consultations over the phone and will accept retainers by credit card. If you are interested in getting your divorce done quickly and properly, give me a call: Joseph Fields, Esq., Attorney for LaBovick Law Group.

An acrimonious divorce proceeding recently exhausted Georgia’s lower court’s jurisdiction. Appeals in the case were subsequently heard by the Supreme Court of Georgia. Avren v. Garten, S11A0064 (2011), the issues under dispute included financial obligations and matters related to child custody.

The noteworthy issue related to child custody dealt with the final decision-making power of the father. The court had awarded him the right to be the last authority on all issues regarding the minor child’s health and all related medical considerations. This decision was presumably based on the father’s employment as a physician. Due to his medical degree, it stood to reason that he would understand medical issues.

Continue reading "Divorce Decree and Child Custody Dispute lands Mother in Contempt" »

A recent article on Bankrate.com, "Help! I'm a victim of ID theft -- by my wife", highlighted an interesting scenario. A reader under the name "shocked", posed the following question to the Debt Adviser: Dear Debt Adviser,

I just checked my credit report and found my wife opened an account using my name and information. I have never used this account. I didn't apply for this credit. Now the account is delinquent. In your opinion, what is the best way to go about fixing my credit? Author, Steve Buscemi, gave a very detailed answer to the reader in regards to his marriage.

This question made me think about the implications regarding a person going through a bankruptcy or thinking about divorce. I sought answers from Florida Bankruptcy Attorney Audra Simovitch and Palm Beach County Divorce Attorney, Joseph R. Fields.

Continue reading "Unsecured Debt dispute with ex-spouse" »

For many many years, lawyers and Judges have cited to archaic decisions disfavoring rotating custody. Arguments that it would be in the best interest of the children for their parents to have equal custody time were ignored or rejected under these old decisions. Many of these decisions were premised on the old notion that mothers were the better parent to raise children.

Well, that line of cases is no more!

The Fourth District Court Of Appeal has recently issued an opinion in the dissolution of marriage case, Mudafort v. Lee, indicating that the Florida Legislature's recent statutory changes to Florida's custody laws mandates reversal of this old-fashioned thinking.

Florida Statute 61.13 now indicates "There is no presumption for or against… any specific time-sharing schedule when creating or modifying the parenting plan of the child." This important ruling now gives parents a clear and concise opinion that rotating custody must be considered along with any other proposed plans.

Continue reading "Rotating Custody or Timesharing is Now Alive in Florida" »

An amicable dissolution of marriage is the most preferred type of divorce case that a Florida Family Law Attorney likes to handle. Civilized divorces are devoid of drama, property wrangling or messy custody fights. They do not include frantic phone calls after hours and emergency hearings in family court. However, amicable divorces are not the norm when children are involved, issues of infidelity or other relationship deal breakers are involved.

Divorce parties, believe it or not, are becoming popular. The parties are intimate events that come with embossed invitations, a nice meal and live entertainment. The couple usually hosts the event together and displays that -- all marital differences aside -- they are committed to remaining friends. One nice thing, for guests is that no gifts are required.

Celebrities have started doing it. A recent example involves Rocker Jack White and Karen Elson. They released a joint statement, with wording so cute and clever and a stellar announcement, that it rivals an engagement announcement. They invited friends and family to celebrate their 6th anniversary and their upcoming divorce. Brilliant!!!

Continue reading "Divorce Party - Is this a new trend? " »

As a Florida Family Law Attorney, I'm always amazed to receive calls from people months or years after getting a divorce who have forgotten to finish wrapping up the loose ends. A recent Supreme Court of Florida decision illustrates one of these problems. Crawford vs. Barker, a June 9, 2011 opinion deals with a fight between a new wife and ex-wife.

Getting a divorce doesn't mean any life insurance beneficiary designations are automatically revoked or changed! The opinion quotes several examples involving significant life insurance monies being at stake because the now deceased ex spouse forgot or failed to change the life insurance beneficiary designation.