LGBT

Planning for the future in same-sex marriages

No one wants to plan for their divorce, but there are certain steps that same-sex couples can take before they get married that can address many of the legal quandaries posed by same-sex divorce in Florida. One of these is a pre-union planning agreement—similar to a prenuptial agreement—that sets forth who gets what in the event of a separation, and even detailed arrangements pertaining to children. Florida pre-nuptial agreements are a must have documents.  Attorney Garrick N Fox can help.

Garrick N Fox is a skill and caring attorney.  No matter if your problem involves same sex marriages or unions or opposite sex marriages, you case will by Garrick N Fox’s skilled, caring and compassionate staff. 

            In the past many couples, who can't marry in their home state, going somewhere else to legalize their relationship looks like an attractive option?  Some couples took advantage of that option. They registered as civil union partners in Colorado while visiting, and then, after returning home to Oregon, registered as domestic partners with their city government. Maybe they even flew out to California and got married there. Same sex marriage is legal in over 32 states. That number is certainly going to grow.
And now they want to END their relationship. If this describes you, you're probably wondering what to do.
First, it's important that you do something. Once you've decided to break up, remaining legally registered as a partner, let alone married, means you continue to be financially and legally bound to your partner
You now come under the same divorce laws that opposite-sex couples have been for years. 
One must consider:

·         Alimony

·         Child Support

·         Equitable distribution of property acquired during marriage

·         Businesses being valued and split between couples.

·         High asset divorce.

·         Parenting plans

·         Custody and visitation

·         Relocation of children

All the same issues those opposite-sex couples have enjoyed for many years.
Instead, most states require you to go through the same divorce process that opposite-sex couple’s use, involving the local family court. If you have more than one state registration, you should probably try to file for termination of the one you entered into first, but make sure that you ask the court to end the subsequent partnerships at the same time. Another option is to take legal steps to end the relationship that's legally the strongest -- in other words, if you are both married and registered as domestic partners, terminate the marriage and try to get the court to end the domestic partnership at the same time, as part of the same proceeding. You may want to talk to attorney Garrick N Fox about the best way to go about ending your legal relationship.

You might think you can just return to the state(s) where you registered and complete the legal process there -- but most states have residency requirements for divorce, some as long as a year. While these couples share the emotional hardship of divorce with their opposite sex  counterparts, there is added legal complexity in same-sex divorces. This is a new and evolving area of family law, and the Law Office of Garrick N Fox is one of very few Florida law firms skilled in handling these cases and the unique circumstances that they present.

THEIR IS AN EASER WAY TO DIVORCE

There is a way to have a painless divorce through mediation and document preparation. Your attorney/mediator will assist you so your divorce will truly be uncontested. 

I have been watching people beat each other up in the divorce arena for over 40 years.  If the marriage is over, it is over.  The question of the day:  How much do you think it costs in attorney fees for an average divorce with say children and a house?

Be honest.  If you went through the divorce process with attorneys for both parties, what did it cost.

Mediate do not litigate

Finding and selecting a mediator can be easier if you follow some simple steps. In the best of circumstances, divorce is an uncomfortable process. Take the time to assure you have a mediator whom you like, respect and believe to be qualified to help both of you negotiate that equitable settlement.

Start by generating a list of four or five mediators in your area. Comparison-shopping is just as important here as anywhere else. By talking to a number of mediators you will not only become clear on which one feels right for you:you will also familiarize yourself with the following:

• the process,
• the topics you’ll need to discuss,
• the costs associated with mediated divorces and
• the issues involved in selecting a mediator.

Names of mediators are available through several channels including the Yellow Pages, state mediation associations, local attorneys, therapists, and clergy. In compiling your list don’t rule out mediators a little distance away from your home. The right mediator may be worth a drive. Now call each of the mediators and check him or her out. Factors to consider in choosing your mediator are:

1. What is the mediator’s training? Anyone can hang up a shingle and call herself a mediator. The basic Divorce Mediation training is 40 hours.
2. How long has the mediator been practicing? [A note here: I remember with gratitude the couple who took a chance on me when I was just beginning. When I told the prospect I was just starting out, she responded, "Well you have to start somewhere," and set up an appointment. I don't want to deny my colleagues the opportunity I had, but if you decide to go with a beginner, do so in full knowledge that they are less experienced.]
3. How many divorce cases has he mediated? Mediators often handle community and business disputes as well as divorce. The issues involved in divorce are very specific and a certain level of knowledge about those issues is critical. Make sure the mediator has adequate experience with divorce mediation.
4. Does the mediator have any references? Can the mediator provide you with names of other mediators, therapists or attorneys who will vouch for his or her qualification? Because mediation is confidential, the mediator may not be able to give you names of former clients.
5. Is she viewed as an authority on the process of mediation? Has the mediator written any articles or served on any association boards, trained others or made any speeches on the subject of mediation?
6. What is his mediator’s style? Mediator’s processes vary significantly. It is useful to understand that some mediators are highly directive, offering evaluation of likelihood a judge will sign off on one or another option in court and giving you concrete proposals for resolution of conflicts; other mediators opt for a more facilitative approach empowering the couple over and over again to make their own choices through deft questioning and discussion. Neither is right or wrong. They are just different. Ask yourself how much in control of the negotiation you and your spouse want to be. Get the mediators to discuss their approach to mediation. It will help you become more knowledgeable about the process.
7. What are the mediator’s fees? These vary significantly from region to region, but a comparison of various mediators’ fees in your area will be useful. Most mediators require payment at each session. Some will take a retainer up front. There may be a flat fee for preparation of the Memorandum of Understanding, the final document of the mediation. Clarify and compare.
8. Does the mediator offer a free consultation? This is a great way to get to know the mediator and become familiar with the process. Not everyone offers it, but you should ask. Sometimes mediators offer the consultation free if the couple continues with the process and charge a minimal fee if they don’t.
9. Does the mediator have materials to help you make your decision? They might include a website, a brochure, specific information on the mediator, overview of divorce in your state, child support guidelines, issues to be covered in divorce mediation, relevant articles. Materials are a reflection of mediators. If you have the sense the materials are slap-dash, so might the process be. If on the other hand, the materials are instructive, relevant, and well put together, it’s more likely the mediator’s process also will be.
10. What is the mediator’s point of view about your having an attorney? Good mediators recommend that attorneys for both parties review the agreement, a Memorandum of Understanding, before it is signed. This assures you protection from any legal oversights during the mediation. Mediators frequently can supply clients with a list of mediation-friendly attorneys who will protect you from those legal oversights without undermining your choice to collaboratively negotiate.
11. How do you feel about the mediator? Chemistry counts. Divorce is never fun. If you are uncomfortable with a mediator, for any reason, you should seek another one.

In the United States we fight in a divorce to such an extent that we are no longer able to parent our children. There is an old saying (I not sure of its origin) "The sign of a good agreement is when both parties are equally unhappy". You cannot have winners in a divorce. Mediators work to lesson the hurt.

Basic criminal rights

Although the U.S. Criminal Code defines criminal laws at the federal level, what constitutes a particular crime, and what the punishment for that crime is, varies from state to state. Drunk driving, fraud, drug possession, manslaughter, theft, assault, and domestic abuse are some examples of crimes that, depending on the situation, could result in execution, jail time, fines, or a declaration of innocence. If you have been charged with a crime, or think you may be charged with a crime in the future, you should contact a criminal defense attorney to help you present your defense or negotiate a penalty.

and this is the first day I have typed anything in any blog. I am poing to go to lunch and think just what I want to say in this little world I have created.