Florida Family Law Firm Blog

On their wedding day, couples make a promise to be faithful to one another throughout life's ups and downs. Considering how much importance human beings place on monogamy, it's not surprising that infidelity is a frequently cited reason for divorce. But what exactly is "cheating?"

That may depend on who you ask. Many men would consider it cheating if their wives had sex with another man, and some would even say kissing is over the line. For most women, sexual contact with someone else is a no-no, but women also tend to define emotional betrayal as infidelity. That's why falling in love with another woman might be considered cheating, even if there was no physical contact.

When making child custody decisions, courts in Florida and around the country always try to measure their decisions against a very important standard. They ask: is this decision in the best interests of the child? One of the reasons that courts must often intervene in child custody disputes is that parents can have wildly differing opinions about what is in the best interests of their children. 

For example, about a year ago we wrote about a wealthy Florida businessman who was sentenced to jail for contempt of court. The man defied a child custody order by allowing his teenage son to elope in order to become legally emancipated. He recently appealed his sentence but found no favor whatsoever with the appellate court. 

Earlier this week, we began a discussion about a disorder known as "Parental Alienation Syndrome." This condition occurs when one parent essentially brainwashes their children into condemning and shunning the other parent. The earliest published literature on PAS dates back to the early 1980s. 

Since then, PAS has been studied by an increasing number of researchers and witnessed by many family law attorneys. If it goes unnoticed or untreated, PAS can seriously jeopardize a child custody ruling, and could ultimately lead to a lifetime of psychological issues for the child.

There is no sugar-coating the fact that child custody battles are one of the most difficult aspects of any divorce. Most parents do their best not to put their children in the middle of the battle, but exposing them to some conflict may be unavoidable.

Sadly, there is a more sinister side to some child custody battles that may do long-term damage to both the child and the child's relationship with one parent. A condition called "Parental Alienation Syndrome" occurs when one parent manipulates their children into shunning or condemning the other. Although it is not included in the American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders, Parental Alienation Syndrome is a serious problem that many family law attorneys have been encountering for decades.

The end of a marriage is an emotional time. Each spouse is simultaneously processing the end of the life phase being left behind and the uncertainty of the future. However, while it is quite normal and healthy to be emotional during divorce, it is important to keep your emotions in check during certain parts of the process.

Emotions can lead individuals to make rash decisions or to pursue various options for the wrong reasons. Spouses can drag proceedings out due to feelings of anger or entitlement, or they can leave valuable property behind out of guilt, sadness or fatigue. When you can keep your emotions in check, you can begin to advocate for your future financial and familial stability without compromising your goals for yourself, your finances, your future and your children.

We have been writing a lot in recent months about the efforts of certain state legislators to reform Florida's spousal support (alimony) laws. After failed attempts in recent years to pass similar legislation, it appears as though the current legislature has passed a reform bill. The only thing now in question is whether or not it will be signed into law by Gov. Rick Scott.

But as far as the bill has come, the Governor's signature is not yet guaranteed. While many see the proposed reforms as a set of common-sense changes to an outdated system, at least one lawmaker has spoken for those who have opposing views, calling the alimony reform bill "one-sided, anti-woman and mean-spirited."

In the wake of a divorce, emotions and tension are often running high. When the former spouses involved had children together, there are certain steps they can both take to help their children ease into the changes that will inevitably be coming. While it can be difficult to follow these helpful suggestions, putting forth your best effort could do wonders for your children's peace of mind during the difficult transition.

Earlier this week, we wrote that the traditional assumptions surrounding spousal support (often referred to as alimony) are changing. Although men are still predominantly the alimony payers and women the alimony receivers, this is not true in all cases.

In fact, a growing number of women in two-earner households are actually making more money than their husbands. If these types of couples get divorced, it could result in the woman paying alimony to her ex-husband.