Posts Tagged ‘Dissolution Of Marriage’

Learn About How To Deal With Parental Changes After A Divorce

Friday, February 5th, 2010

Find out about Parental Changes after a divorce

The emotional dissolution of marriage stages impact upon a parent and how he or she perceives the world and functions. Because the dissolution of marriage is an emotional process as well as a legal process, emotional issues may cause an uninvolved parent to want to be more involved, a parent after adult adolescence wanting re-involvement, and any other variations between parents. The lay person may see this as treating as it is different behavior during the intact marriage and any change is difficult. The changes may be due to the emotional stages that one parent may progress though while the other parent is in denial, totally unaware of the process of the change. The family lawyer should questions whether change is intentional to cause harm or may be the result of the emotional dissolution of marriage. Recognizing that there may be emotional ?baggage? to be dealt with, these issues need the intervention for the parents, and the children, if they are of sufficient age.

Trust building and addressing immediate problems: Much of what may be the barrier to therapeutic jurisprudence and the amicable resolution of issues is the lack of trust between the parties due to the emotional dissolution of marriage. Many of the disputed issues may be non-issues if the issue of trust is treated and not the substantive issue.

Trust lost is not easily regained and can impact upon the parent?s ability to share parenting in the future. Rebuilding trust is a psychological issue and should be delegated to psychological professionals, in conjunction with the family lawyer. The individual counselors for each parent can identify which areas are the easiest to tackle first, and procedures and situations necessary to accomplish that goal. For example, one parent may claim that the other parent sits the children down in front of the television for days, neglecting the children. The suspicious parent calls every two hours to see if the children are okay. The parent with whom the children are is furious that his or her time is so interfered with. This lack of trust in the parenting ability is easily remedied with specific procedures, rather than a motion to limit contact with retaliatory motion for temporary Primary residential custody. First, if the information is coming from the children, then whether or not the children have too much power, too much information, and are telling each parent what he or she wants to hear should be addresses in therapeutic mediation. Stipulations can include the use of notification forms or messages informing the other parent, without adjectives, as to what the children are saying. Second, each parent in a therapeutic mediation session can discuss plans with the other parent, and with that knowledge, stipulations for decreasing telephone calls, until none are necessary because the parent has trust in the other parents parenting.

Find Out About Power And Control In Divorce

Sunday, January 31st, 2010

Read about Power and Control in divorce

Power and control issues may be part of the dynamics of the inter-personal relationship of the marital partners or more significant pathology accompanying complex individual psychological and addiction problems. This is a relationship issue exacerbated by the breakdown of the marriage and the emotional divorce.

Parents who are divorcing come with the baggage of the emotional hurt and anger related to the divorce, and the interplay of beliefs and communication patterning. The communication and conflict resolution is likely to be lacking Either or both parents may say the other is unreasonable. In response, they may take a firm stand that, the other parent, seems unreasonable. Thus, both may appear to be unreasonable to the other. Such perceptions add to their resolve. Standing firm appears to be unreasonable and rigid to others and causes that parent to remain firm and rigid. This pattern is one of self-sustaining conflict. For example one parent is more of a disciplinarian and the other parent becomes more permissive in response. The stricter the one parent becomes, the more permissive the other parent becomes. The extremes are not either?s real positions, but the power and control struggle pushes each into rigid reactions.

One there is identification of this issue as an issue by either party, even if there is a denial of any validity to the claim, both parties should enter into a stipulation prior to proceeding to a regarding evaluation, intervention, monitoring, protections and consequences.

Family lawyers see this pattern repeatedly in a legal dissolution of marriage, whether this is whether a child should attend public or private school, play contact sports, or go to bed a certain hour. The key is to educate the client as to the real issue-power and control, and that it really does not involved the child or parenting. If power and control issues permeate the parents relationship, a professional evaluation may be indicated for many reasons; the parties will benefit from the evaluation findings and recommendations, a plan for future may be developed that serves the best interest of the individuals, the marriage and the children, and, if there is a problem and no compliance with interventions, immediate protections can take place. Ultimately, if it becomes detrimental issue impacting the children?s safety and well being, the evaluation and testimony from the expert will be admissible by prior agreement, if there is any violation of following the expert?s recommendations. It may be that the expert determines that the children need to be evaluated to see if there is damage to them and to determine appropriate treatment and interventions for the children and the entire family.

Immediate and competent intervention and individual and family counseling should be recommended to focus the parties on a solution and new way to interact. The parents need skilful training and education and a refocus to the best interest of the child and the detriment to the child of their course of action. The parties need a well-defined and structured communication plan which can be accomplished through a therapeutic mediation process.

Normal Reactions Of Children During Their Parents Divorce

Friday, January 22nd, 2010

Normal Reactions of Children during their Parents Divorce

Family Court Judges are receiving judicial education on child development, how to deal with persons in emotional crisis, and normal reactions of children during their parents dissolution. Children thrive with a plan, now mandated by Florida law that maintains or addresses their psychological and developmental needs, such as age, temperament, attachments, physical and developmental needs, such as age, temperament, attachments, physical maturity, cognitive abilities, social relationships, and emotional development. family attorney must have this knowledge if providing representation regarding parental responsibility and child issues.

The parent may reflect concerns about the children during the process of the dissolution of marriage. The client may project problems the children are having as being caused by the spouse. Reviewing a chart of the normal reactions of children during the parents dissolution of marriage and discussing and evaluating what is happening compared to the chart reactions may assist in reality training of the client, as well as providing for the best interest of the children, and lessen hostilities and conflict.

For example, the client may reflect the 3-year old should not have overnights with the spouse as the child started bed wetting since sleeping at the spouse?s home. The client may want the lawyer to seek to limit contact with the spouse. A review of the chart and literature in this area will inform the client that regressive behaviors are normal reactions of a child of that age during the parent?s dissolution of marriage. Not only may the client?s plan of proceeding in court fail, but it may backfire. The child may be actually harmed by this course of action that the more appropriate courses of actions for this problem. The family court judge may be concern about the client?s intent and motivation to project the child?s problems in the spouse, rather than to obtain the information necessary to provide for the children’s best interest.

The family lawyer, as a counselor, needs to obtain the information to assist the client in the alternatives in this regard. With the client and the family lawyer working together to determine a plan, they are participating in the process of therapeutic justice, a process that attempts to address the family?s interrelated legal and non-legal problems to produce a result that improves the family?s functioning after the dissolution of marriage. There is no pushing the spouse into a difficult stage and into litigation mode. Everyone wins, no one loses. There are creative solutions to dealing with the impact of the emotional process on the legal process; if the family lawyer and client feel uncomfortable with the exercise without expertise of a psychological professional, the lawyer can incorporate a joint session with a psychologist into the representation of the client.

Where To File For Divorce In Florida: Jurisdiction And Venue

Tuesday, January 12th, 2010

Where to File for Divorce in Florida: Jurisdiction and Venue

Subject matter jurisdiction over divorce cases and all matters relating to the divorce are vested in the Florida Circuit Court.

The county court has subject matter jurisdiction to hear matters under the simplified dissolution of marriage procedures set forth in Rule 12.205 and may enter a final judgment for dissolution of marriage.

Subject matter jurisdiction is the court?s power to hear and rule on a particular type of case. In divorce cases the court?s subject matter jurisdiction stems from Chapter 61.

One of the parties, the petitioner or the respondent, must reside in the state of Florida for six months before the filing of the petition for dissolution of marriage and have the intent to remain a resident of the state of Florida at the time of filing. F.S. 61.021.

The burden of proof is on the petitioner to demonstrate this at final hearing. Six months residence must be pleaded and proven for court to have subject matter jurisdiction to enter dissolution of marriage. Failure to meet statutory requirement of six months residence is jurisdictional defect requiring dismissal of petition for dissolution of marriage. The standard of proof for residence requirements is clear and convincing evidence. Corroborative evidence of residence is Florida driver?s license or Florida voter registration card.

In Weber v. Weber, 929 So2d 1165 (Fla 2d DCA 2006) a non-immigrant alien wife was not precluded from establishing residency for purpose of filing divorce case. Trial court had subject matter jurisdiction to proceed with her dissolution of marriage cases against husband. Residency under divorce statute means an actual presence in Florida an intention to remain in Florida indefinitely.

divorce cases may be brought against nonresidents so long as the petitioner has the requisite Florida residence for six months before filing the divorce case.

Parties cannot stipulate to Florida residence to obtain subject matter jurisdiction. An admission of residence by both parties in the pleadings in insufficient to establish residence.

By comparison neither party to a separate maintenance action has to reside in Florida. Florida has jurisdiction to entertain separate maintenance actions by nonresidents temporarily in Florida.

Florida courts have jurisdiction to entertain separate action for alimony and child support ? unconnected with divorce.

Likewise there is no residency requirement for domestic violence actions. A petition for injunction for protection against domestic violence may be filed in the circuit court where (1) the petitioner currently or temporarily resides, (2) where the respondent resides or (3) where the domestic violence occurred.

Subject matter jurisdiction for parental responsibility (custody) actions is obtained under the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit, and exists if the child has been living in Florida for the immediate six months before the filing of the petition.

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