In light of the recent Tiger Woods divorce controversy in Florida, Weston divorce attorney Evan Baron offers his review of Florida divorce law as it relates to individuals in Tiger Woods situation. By providing a comprehensive legal interpretation, Evan Baron ensures his clients in Weston and Pembroke Pines, as well as all of Broward, Palm Beach and Miami-Dade County understand their right to alimony in a divorce.
Divorce Attorney Evan Baron Explains:
Because of the recent Tiger Woods situation, there has been quite a bit of publicity over certain indiscretions by a spouse during a marriage. Adultery in many states is still considered by the courts and can be either a defense to requests for alimony or a specific reason to award the non offending spouse alimony. States which still consider this are called fault states. There are required specific reasons that a couple will request a divorce, such as adultery or mental cruelty, etc. This is not the case in Weston, Pembroke Pines or the rest of Florida. This state, like many other states, is a no fault state. Therefore, in Florida, a person does not need a reason to get divorced. As a divorce attorney, I often explain to people in Weston that someone could wake up one morning and decide to get divorced because it is raining. As long as the moving party states under oath that their marriage is irretrievably broken a divorce will be granted in the state of Florida. Fortunately, or unfortunately, it is often that simple.
Does that mean that alimony is totally irrelevant in Weston, or anywhere else in Florida? The answer is in fact that it is still very relevant but for limited purposes. Courts in Weston do not pass moral judgments on individuals in Tiger Woods situation. Even in much publicized celebrity cases, such as with the possible Tiger Woods divorce , only the court of public opinion will judge an individual. Weston, Broward County and the rest of Florida only considers alimony to determine financial matters. If it can be proven that an individual used marital funds (any funds earned during the marriage) on a significant other, than the court can consider that fact in determining equitable distribution of assets. The Court may look to one spouses depletion of marital assets on a third party. So if money is spent on gifts or travel or other expenses, than the non offending spouse can ask the court to award him/her a greater share of the total assets. This of course is all subject to proof. It is not to be used as a form of punishment, but rather a thought out distribution of assets based upon unilateral and wasteful spending. It does not result in the payment of alimony in Weston if none of the necessary factors for alimony exist. It is not a defense against alimony in Weston if all the other factors for alimony do exist.
Of course, the Court can still consider a spouses character and conduct in determining a parenting plan for minor children. The character of each parent is facto which is still present in Florida Statutes. How much weight this facto may be given, will of course differ from case to case, as with the possible Tiger Woods divorce.
If you are in the same position as Tiger Woods, or happen to be the non-offending party, hiring a divorce attorney in Weston is essential. A Weston divorce attorney has the legal background needed to properly compensate an individual seeking alimony under these circumstances. Hiring a divorce attorney in Weston can also ensure that too much alimony is not unfairly imposed on the offender under Florida statute.
Contact the Law Firm of Evan H. Baron for more information on hiring a Weston divorce attorney. Attorney Evan H. Baron serves Weston, Pembroke Pines and all of South Florida.
-Evan H. Baron, Divorce Attorney in Weston, Fl
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