Are you headed for divorce-Recognize the warning signs

Is Divorce Ahead? Recognizing the Signs of Trouble

Marriages rarely die overnight. Almost always, the destruction of a marriage happens little by little, over time. Ideally, if trouble arises in your marriage, you and your spouse should be able to respond to problems before they cause serious damage to your relationship. You can then either work things out and remain married, or make a mutual decision to separate or get divorced. However, if your marriage is in serious trouble, any discussion, cooperation, or compromise may be impossible, and you may have no option but to end it yourself, possibly against your spouse’s wishes.

When you are having marriage problems, whether they are big or small, the sooner you face facts and decide what to do about them the better. Burying your head in the sand when it comes to marital woes won’t make your problems go away. In fact, they’ll probably just get worse. Furthermore, if divorce is in the cards, the sooner you acknowledge it, the more emotionally and financially prepared you’ll be for what is to come.

You may find yourself replaying old arguments, resurrecting old hurts, crying a lot, or becoming consumed with anger when your marriage is in trouble. Those responses can quickly turn small problems into big ones and cause you to lose all perspective when it comes to your spouse and your marriage. Furthermore, when you let your emotions get out of control, it becomes difficult if not impossible for you to identify and realistically assess all the options you have for dealing with your troubles.

To help bring some objectivity and common sense to your situation so that you can gain a true appreciation of just how bad (or not so bad) things really are, consider some of the more common signs of a marriage in crisis, such as infidelity and contempt.
Do you have cause for concern?

When your marriage is going through tough times, you may find yourself wondering if it’s an instance of the “for better or for worse” your marriage vows alluded to, or if your relationship is truly on the rocks.

Although no test exists that can tell you if your problems are typical reactions to the stress and strain most marriages experience at one time or another, or if they point to more-serious issues, troubled marriages do tend to exhibit many of the same characteristics.

How many of the following statements apply to your marriage?

In your mind, your spouse just can’t do anything right anymore.

You fight constantly.

You’ve lost the ability or the willingness to resolve your marital problems.

Resentment and contempt have replaced patience and love.

You’ve turned from lovers into roommates.

One or both of you is having an affair.

You go out of your way to avoid being together and, when you are together, you have nothing to talk about.

Your children are reacting to the stress in your marriage by fighting more, having difficulty in school, getting into trouble with the police, abusing drugs or alcohol, or becoming sexually promiscuous.

You have begun having thoughts about divorce.

Don’t panic if you find that your marriage exhibits some of these characteristics — you are not necessarily headed for divorce court. However, you do have cause for concern and it’s time for you and your spouse, first separately and then together, to assess your options and decide what to do next.

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It is error for Judge to permit temporary relocation of child without requisite findings

The parties MSA contained agreement that it was in child’s best interest that parents live in close proximity in Miami-Dade county. The Mother petitioned subsequently to move to North Carolina.  The Father objected. A few weeks prior to the matter going to trial, the Mother petitioner the court for an emergency hearing for temporary relocation, which the court permitted without taking any testimony! This was an abuse of discretion and an error as a matter of law because the court failed to take evidence or testimony to provide a factual basis to support its finding pursuant to section 61.13001. The 3d DCA reversed and remanded for the court to make those findings

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Court needs to make requisite findings to award permanent periodic alimony
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The 3d DCA in Yu Wu v. Xiamoming Xing case No. 3D11-1423 The court must articulate specific findings of fact to support an unequal distribution of assets. In this case the marital home-the only significant asset-was awarded to the Wife as well as permanent alimony without the requisite findings under 61.075 and 61.08 (2)(a)-(g). The Appellate court sent it back down to make those determinations.

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A parent can be criminally prosecuted for kidnapping their own child!

The Florida Supreme Court has held in Ricardo Davila v. State of Florida 36 FLW S579  Overturning Munoz which was the law in the 2d DCA, The Court found that a parent could be criminally convicted of kidnapping under section 787.01 Fla. Stat. reasoning that if the legislature intended a biological parent to be exempted from criminal kidnapping that would have stated so. Based on the unambiguous language of the criminal kidnapping statute, a parent is not liable from criminal liability for kidnapping his or her own child under section 787.01, Fla. Stat (2000). Therefore if it can be proven that a parent committed the acts necessary to prove the elements of kidnapping, namely, a forceful, secretive, or threatening act that confines, abducts, or imprisons another person against his or her will and it is established that the defendant  performed the overt act with one of the four specific intents outlined in the statute. The statute sets forth a method of proof which allows the State to establish that the overt act on the part of the defendant was against a person’s will when that person is a child under the age of 13.

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Another-YOU CAN’T DO THAT

It is error for a Judge to enter an income deduction Order for anything other than support and the attorney fees associated with obtaining same. See Achurra v. Achurra 36 FLW D2104 (Fla 1st DCA 2011) where case was remanded to trial court after Judge entered an order to repay funds that father depleted from children’s college accounts through income deduction order where father had been ordered to pay monies into trust pending outcome of divorce.

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Retirement accounts

It is error for a trial court not to make findings as to whether a retirement account is marital, non-marital or a combination of the two if a retirement account exists. See Coleman v.Bland 36 FLW D2110a

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Can biological father assert rights to child he fathered with a married woman?

No. A putative father has no standing to assert a paternity action concerning a child conceived and born to a mother who is in an intact marriage. This is due to the public policy considerations of maintaining families. The woman’s Husband is the legal father of the child.l

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Can I change custody?

After a Final judgment is entered a party seeking to change the custody or parenting plan must plead and prove both of the following: 1) that a substantial change in circumstances has occurred that was not anticipated at the time the Final judgment was entered and 2) Whether the child’s welfare will be promoted by a change in custody. The party seeking modification has the extraordinary burden of proving both. The court in Ragle v. Ragle 36 FLW D1790 reiterated several prior court holdings finding that a failure of the parents  to communicate or get along is NOT a substantial change in circumstances. Without meeting this burden n the court cannot entertain the second prong of the “extraordinary burden test.”

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Ex-husband failed to pay something agreed to.

There is no contempt power unless payment is categorized as support. In Simpson v. Simpson 36FLW D1882b the Husband agreed to pay the Wife’s car payment as part of equitable distribution. The 4th DCA found that the Trail Court cannot use its contempt powers to settle disputes regarding rights to property.

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Help. I can’t afford my child support.

The trial court has authority to enter an order allowing a payor to pay a reduced amount upon findings of inability to pay the amount ordered. The difference will continue to accrue as an arrearage until the payor spouse files and has an Order entered reducing the amount he or she pays. This is compatible to a purge amount in a contempt case and appropriate where there is no willful contempt, i.e., you’re not paying because you can’t.m  See Brown v. Brown, 36 FLW D1890b

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