On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 14th, 2021.

Can You Get a Divorce if Your Spouse Just Up and Left?

When one spouse walks out on another, severs all ties, does not take care of their share of financial obligations, and has no intention of returning, this is called marital abandonment, or desertion. Abandonment is quite different from a separation, which occurs when a married couple agrees to separate, either temporarily or permanently. Separation is not abandonment unless the spouse that leaves refuses to provide support or take care of financial obligations without cause. In some states with fault-based divorce, this is known as “willful desertion,” and comes in two types.

Criminal Abandonment

Criminal abandonment occurs when one spouse no longer provides for the care, support, and protection of the other spouse who has health problems, or a minor child, without “just cause.” As an example, if your spouse came down with a terminal disease and you did not feel you could continue to take care of them, the court will not accept this position as grounds for divorce.

Constructive Abandonment

When one spouse makes it intolerable for their spouse to stay, the person leaving can claim constructive abandonment. Being abusive, having a chronic addiction, or adultery could be used as a claim for constructive abandonment.

Claiming Abandonment

Before you can claim abandonment as grounds for divorce, you have to make sure your state allows abandonment as grounds. Some strictly no-fault states will not allow you to use abandonment as a legal tool.

To use abandonment as grounds for divorce, you will have to prove to the court that abandonment really took place. You will need to prove, as the plaintiff, that the defendant left your home and has failed to meet their financial obligations for the required period of time in your state. You must also prove there was no just cause for your spouse to leave, for things like abuse, addiction, or adultery.

If you feel you may have been abandoned by your spouse, or if you aren’t sure and would like to talk to someone to clarify your situation, contact the Law Office of Wickersham & Bowers. Schedule an appointment with one of our attorneys today.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday May 12, 2021.

The recent announcement by billionaire couple Bill and Melinda Gates that they were divorcing after 27 years of marriage caught the world’s attention, as did the fact that they have no prenuptial agreement (prenup) but instead have a “separation contract” that specifies how their property will be split up when they separate. A prenup would have been agreed upon before the couple’s marriage, and would have spelled out how exactly their property would be divided in the event of a legal separation or a divorce. In contrast, a separation contract is part of a divorce proceeding because a divorce demands that a couple separate their property. In their divorce petition, the couple requested that their personal property, real property, and debts be divided based on the terms of their separation contract, which is a confidential document. 

Washington’s Community Property Law could apply to the Gates Divorce

Certain states such as Louisiana, Arizona, Texas, California, and Washington, where the couple lives, have laws stating that all assets obtained during a marriage that were not given as gifts or are part of an inheritance are considered to be “community property.” And, when a prenup is not created, community property should be divided equally (50/50) between the partners when a divorce occurs. Thus, the standard community property law of the State of Washington regarding equitable distribution may be applicable in the Gates case. All premarital assets will be exempt from equal distribution as long as it can be established that they were personally owned before the divorce was initiated. 

Community versus Separate Property

In states that recognize community property, such as Washington, marital property is equally owned by both spouses. Such property includes income, any property that was purchased with this income, and all debts that were accumulated throughout the course of their marriage. The laws regarding community property begin with the start of a marriage, and they end when the couple becomes physically separated and has the goal of discontinuing the marriage. Thus, any income or debts created afterwards will be deemed separate property that is owned only by the original owner. 

 Deciding how to divide assets usually involves the following steps:

1. All assets and debts are classified as being either community or separate property
2. Each asset is assigned a value through an expert appraisal or by the couple’s agreement
3. The assets and debts are divided evenly between the spouses. 

A spouse is not permitted to move, modify, or get rid of any portion of community property without the other’s consent, but can manage his or her own half. However, the whole includes the other spouse’s half interest; that is, a spouse cannot be separated from the half of the property that belongs to them. Moreover, Washington state law stipulates that the court’s division of the divorcing couple’s property be “just and equitable.”

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday April 12, 2021.

Although most newborn and Department of Children and Families adoptions in Florida need to be carried out by attorneys or adoption agencies, those involving stepparents do not, although help from an attorney can greatly expedite the process. Under Florida law, a stepparent adoption gives a married person the same parental rights and responsibilities over his or her stepchild as those of the birth parent. The legal consequence of such an adoption is granted by a court order known as a Final Judgment of Step Parent Adoption, by which the adopting parent becomes a parent on an equal basis with his or her spouse. The birth certificate is changed to reflect the names of both the stepparent and the natural parent. A stepparent adoption simply legalizes the parental relationship that already exists, making it official and legally valid and solidifying the bond between the child and the adopting parent.

The Legal Process for Completing a Stepparent Adoption

In Florida, the first phase of a stepparent adoption involves determining if the stepparent is qualified to adopt. Providing that the person can offer effective parenting and is married to a legal parent of the child, the person should be allowed to legally adopt.

The court case starts by filing a petition for adoption. The petitioner is the stepparent–the person adopting the child, who is then joined by the spouse. To file a stepparent adoption in Florida, the petition must include the following information:

• The child’s date and place of birth
• The surname the child will be given if it is being changed
• A statement regarding how long the stepparent has lived with the child
• Reasons for which the stepparent desires to adopt the child.

Filing the petition starts the process then the absent parent has a chance to oppose the adoption. If the absent parent avoids contesting the adoption or consents, the court will finalize the adoption, giving the child a new birth certificate showing his or her new surname and parents.

If you and want to learn about how our experienced Florida family law attorneys can help you with expediting your stepparent adoption or wish to schedule a consultation, please call us toll free at 386-252-3000 or fill out the contact form on our website. We have helped countless couples in southern Florida with stepparent adoptions, and can easily take care of the entire process for you.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday March 8, 2021.

Alimony is a form of spousal support once you are divorced. You will usually receive it as a monthly payment as agreed by a Court or in a settlement. However, an alimony waiver is when you agree that you and/or your spouse will not be awarded any support. If you decide to waive alimony during your divorce, you will also be waiving any claim for future support.

The Purpose of Alimony

Alimony is there to help prevent any unfair financial effects as a result of a divorce. For example, if you have been a stay-at-home parent for many years and find yourself in need of an income after a divorce. In this case, you could benefit from alimony to help support you.

Why You May Waive Alimony

There are many reasons why you may decide to waive alimony, however, here are some of the most common reasons:

• You have never relied on your spouse for financial support
• You are the main earner in your household
• You have not been married for very long
• You and your spouse earn similar wages
• You are confident you will be able to support yourself

It is important to note that an alimony waiver does not have to be mutual. Alimony can be waived by you but not necessarily by your spouse.

What Happens When You Waive Alimony?

When you decide to waive alimony, it is a permanent agreement that you cannot modify in the future. So, what happens when you feel confident in being able to support yourself at the time of the divorce but do not want to waive your rights to alimony in the future? In this case, you may want to consider entering an agreement for your spouse to pay you “one dollar a year” in support. As a result of this, it will leave room for you to ask for a rise in alimony in the future if you feel that you need it.

Receiving an award of “one dollar a year” may be appropriate for you if:

• Your future employment is uncertain
• You have health concerns that are preventing you from knowing if you will be able to support yourself in the future
• You and your spouse are of old age
• There is a chance that your spouses’ income will significantly increase in the future

The Law Office of Wickersham and Bowers provides top-notch legal representation to clients in Daytona and southern Florida. Our areas of legal practice include family law, personal injury, eminent domain, and estate planning and probate. Our firm has over 60 years of addressing our clients’ legal issues. Please feel free to contact us by filling out our online form or calling us at (386) 252-3000.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Friday February 5, 2021

The process of adopting a child is a long and complicated one. The combination of federal laws, state laws, the ambiguity of current laws, and the many factors that can complicate, impede, or stop the adoption process can make the adoption process seem impossible. Family law lawyers with experience and intense focus can help adoptive parents and birth parents navigate through the legal process and dramatically reduce the time and cost associated with the legal process.

Anticipating Problems Before They Arise

Many factors regarding the adoption can delay or prevent the adoption process if they are not adequately addressed. Experienced family law lawyers can help potential parents mitigate the impact of factors including one biological parent challenging the adoption, the adoptive parents’ financial histories, and any criminal records that the adoptive parents may have. 

Selecting the Best Option for the Adoptive Parents and the Birth Parents

There are multiple types of legal adoptions, including foster adoptions through the state, private agencies and matches arranged by attorneys. Family law lawyers can inform the parties involved about each option’s advantages and issues, guiding the parties involved towards the adoption type best suited for their circumstances.

Maintaining Progress and Clearing Blocking Issues

Adoptions require multiple parts and actions, and any delays or non-compliance can increase the time and cost involved with the adoption process. Family law lawyers can keep current with the adoption process, providing the parties involved with timely updates and collecting necessary information and resources to keep the adoption process moving.

Preparation for the Home Study

Potential adoptive parents must prove that their residence is fit for raising a child by completing a home study. Family law lawyers can coach potential adoptive parents on how to set up and modify their home to pass the home study.

The Law Office of Wickersham and Bowers provides top-notch legal representation to clients in southern Florida. Our areas of legal practice include family law, personal injury, eminent domain, and estate planning and probate. Our firm has over 60 years of addressing our clients’ legal issues. Please feel free to contact us by filling out our online form or calling us at (386) 252-3000.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 5, 2021.

The current pandemic has made it very difficult on couples. The financial strain coupled with enforced quarantine that throws couples together without an outlet has led to a large increase in divorces across the country. If you have recently been through a divorce, you may be looking forward to a new year without your spouse. When you and your former spouse have children together, it is difficult to negotiate your way through the divorce landscape. Here are some ways to make the New Year easier on your family. 

Keep Traditions in Place

As much as possible, when you have children, you will want to keep your traditions for the holiday season. If you and your spouse celebrate New Year’s Eve with your children, with party favors and hats, you need to continue to do that if possible. If you have traditions for other holidays, why not keep those family traditions as well?

Create New Memories

What if you aren’t able to keep your traditions the same during the New Year? Why not start new traditions, then? For example, if you won’t be celebrating New Year’s with your children this year on the day, why not have a mini New Year’s party when you do have them? You might also want to try cooking with your family, decorating cakes and cookies, or even creating art pieces. 

Make It Fun and Talk It Out

Whatever holiday you are celebrating, you need to keep the atmosphere fun and light. You don’t want your family to bear the brunt of you and your spouse’s issues. If possible, you might want to have a conversation with your ex-spouse ahead of time. How do they want the holiday to go? Do they have concerns about celebrating the day? If you have a chance, you’ll want to air out issues when the kids aren’t around. 

Whether you particularly like your former spouse or not isn’t important anymore. If you have children, your spouse will be in your life at least until your children are grown. You will want to cooperate with him or her for the sake of your family. It can be difficult, but in the long run it will be worth it.