Your spouse goes away to Asia on a long business trip. You hope that your spouse will bring back a gift for you when he or she returns. One woman recently received an unexpected dangerous "gift" from her husband and she is "mad as hell", and she is not going to take it any more". An investment banker husband travels to Asia on business, has sex with hookers, and returns and infects his wife with a sexually transmitted disease (STD). He admits to his wife that he has had unprotected sex with commercial sex workers on a number of occasions in Japan and China and that he also has a mistress on the side in the United States. Is there a lawsuit? Oh yes, there is a huge law suit in which the wife files for divorce and sues her husband for 25 million dollars.  

At best, it’s painfully emotional for each party. However, it does not take a great imagination to understand the additional immeasurable devastation that one would experience when he or she is informed that they have been infected with an STD by an unfaithful spouse. As expected, wife is devastated emotionally by her husband's actions and the disease that he has inflicted upon her and that she will carry with her the rest of her life. The wife has had to endure a number of operations and she has had to interrupt her career. She is claiming damages for breach of trust, loss of heath, loss of income, and other claims. 

Lawsuits, involving transmission of venereal diseases, are considered form of a personal injury claim and may be based on the concepts of battery, "fraud" or negligence. In addition, some courts have held that because the relationship between a husband and a wife is a special confidential relationship, the marital relationship imposes a duty upon the infected spouse to disclose his or her disease to the other. In addition, a number of states make it a crime if you do not inform any one with whom you are having sex that you have an STD. 

A defense that the philandering spouse can raise against such claims is that he or she did not know that he or she was infected with an STD. However, given the admissions by "lover boy" in this case, it does not appear that he will be successful in using this defense. 

If you are going through a divorce, most states require you to bring forward any other claims that you may have against your spouse, such as negligence, battery, personal injury claim, harm from domestic violence, or other civil claims. If you fail to litigate these claims in the context of your divorce, then you waive your right to litigate that claim against your spouse after the divorce. Consequently, it is extremely important that you inform your attorney at the beginning of every divorce about every claim that you believe. Even if the wife pleads this claim in her divorce petition, she can still request a jury trial on this issue. It is unlikely that this case will go to trial. The evidence against the wayward husband appears to be strong. In addition, it also is unlikely that the husband will want to "air his dirty laundry" in public about his Asian sexual escapades, his unfaithfulness, and his STD. Besides, he may be considered by the jury to be a "slime ball". If so, then the jury may subconsciously decide to punish him and award the wife far more than she is asking. Clearly, it is in his best interest to settle this case quickly. To review a CNN report on this case, please visit our blog.

Most divorcing people are looking for a fresh start in their lives.  Most divorce attorneys in Florida and elsewhere do what they can to assist their clients in doing so.  Recently, Ian Usher of Australia took this concept to an extreme degree.  Subsequent to his divorce, Mr. Usher decided to auction off nearly everything in his life on eBay.  He has included his car, home, jet ski, hot tub, and friends. Bids have included one in the amount of 1.7 million dollars. Family lawyers would view the actions of Mr. Usher somewhat skeptically.  In addition, they would not advise their clients to follow this path. To learn more about this story, please visit our blog.

All divorce attorneys in Palm Beach County and elsewhere in the country understand that the poor real estate market, has impacted their clients and potential clients.  In this depressed real estate market it has become very difficult for divorcing parties to sell the marital home (in which a major portion of the marital equity may be situated).  Finally, reality TV may be providing useful information for this portion of the divorcing population and for married couples, who are interested in selling the family home.  TLC has released a new show: "Hope for Your House".  It airs on Saturday nights at 8:30 P.M., EDT.  Each 1/2 hour show will provide participating families with tangible advice on how to best increase the value of their home so they can sell it or refinance it.  Hopefully, this show will provide useful advice for couples involved in family law matters and for couples, who just want to increase the value of their property.  To learn more about this interesting show, please visit our blog.

At first glance, this appears to be a strange question. However, upon further consideration, it is not so unusual. If you are involved in a divorce case, then what type of lawyer do you want to represent you. Most people immediately would respond: "The most aggressive one that I can find". For the average person who has not been divorced, the ideal divorce attorney may be described in terms of being highly aggressive, thick skinned, and "able to leap buildings at a single bound". Such attorneys are often described as attack dogs, tigers, and other descriptive animal names. However, common sense tells us that not all attorneys fit this expectation. Experienced family law attorneys in Palm Beach County, Florida and elsewhere also know that such an attorney is not the best choice for every case. Attorney Michael Sherman recently posted in the Alabama Family Law Blog a creative way to categorize divorce attorneys as animals and which animal type may be the best one to represent you. To read his entertaining and informative entry, please visit our blog.

Family lawyers know that acrimonious divorces are ugly.  Feelings are hurt and emotional pain can persist.  Divorce lawyers also recognize that participants in less contested divorces often can feel the same.  Once the dissolution of marriage case is over, couples are often plagued with feelings of loss and face the daunting task of transitioning into a new life.  While they were involved in the divorce process, each spouse had his or her attorney and support system to guide them through the legal storms of the court system.  Once the divorce is over that guidance is no longer there.  One of the issues in any post-divorce transition is how do we each interact with the friends that we had as a couple during the marriage.  During the divorce process, most friends of a couple will attempt to maintain a neutral position and not choose sides.  Consequently, they also will be at a loss of how to reconnect with the divorced couple.  Attempting to reconnect can be an emotional mine field.  Recently, the Yuma Sun provided a guide for a divorced couple and their friends as to how to reestablish their relationships.  The article is full of practical advice and should be reviewed carefully by all newly divorced couples.  To learn more about bridging this particular gap,  please visit our blog.

There is much speculation and commentary going on about the recently filed divorce between Alex Rodriguez and his wife, Cynthia.  Take a look at some frequently asked questions and responses to some of the central issues in the case. Click here to read more.

Therapists and most family law attorneys will tell you that family traditions are important for intact families and divorced families.  They represent interactions that help bind families together and create great memories.  Elizabeth Gaskell of The Happiness Project has a great idea for traveling parents or families.  If vacationing with the children, the parent or parents can secretly purchase a gift for the child or children at the beginning of the trip. The children have one question each day to attempt to guess the identity of the gift.  A parent, who is traveling on business, can use the same strategy with his or her children at home.  Divorce lawyers and divorcing parents are constantly seeking out new ways to connect and stay connected with their children.  This tradition meets this need and at the same time it accesses the four stages of appreciating a happy moment.  To learn more about this new tradition and to learn more about the four stages of anticipating a happy moment, please visit our blog by clicking here

In past years a couple would get a divorce, divide the property, and go on their way.  In a booming economy, the marital home was easily sold or one party would buy out the other party.  Now during the real estate “bust”, Florida divorce attorneys and family law attorneys around the country are facing a different scenario.  Real estate is still difficult to sell for everyone, including divorcing couples.  Not every divorced couple has the financial ability for one spouse to buy out the other spouse’s interest.  Consequently, the options remain few.  The spouses could continue to live together (divorced or not divorced), which is not a very viable option.  Alternatively, one spouse stays in the marital residence and the couple continues to struggle financially to support the upkeep of the house while making attempts in a faltering real estate market to sell the marital residence.  To paraphrase a Frankie Valli song, “Breaking up is getting harder to do”.  To view an article that provides a greater analysis and more options for divorcing parties, please visit our blog by clicking here

 Ah, its summertime.  It is a time when parents, divorced or not, are busy sending their children off to camp and to various summer programs at Universities and elsewhere.  However, many parents also take vacations (long and short) while their children are away from home or while their children are still there (being cared for by other family members or staying with neighbors).  Unfortunately, many of these parents are not preparing properly for the care of their children while the parents are vacationing.  If your children are going to be at home or in the vicinity of home, while you, their parents, are away, then parents should have a signed medical care authority provided to the child care provider so that the child can receive needed medical treatment of injury or illness.  In addition, parents should also provide a detailed list of their children's medical history and medications and conditions that the child has.  Attorney Laura Hill of Massachusetts has good advice for parental planning for your children under and over the age of 18 while you are away on vacation.  To view more of her advice, please visit our blog.

"One father is worth more than a hundred schoolmasters" - - English  Proverbs

"It doesn't matter who my father was; it matters who I remember he was" -- Anne Sexton 

Sunday is Father's Day.   Contrary to rumors, it was not commenced to be a counter weight to Mother's Day and it was not commenced by greeting card companies to earn extra profit during the year.  Sonora Dodd, of Washington state, is credited with the beginning of the day each year during which we honor our fathers.  Her father was widowed and he single handedly raised five children on a farm in eastern Washington state.  As she grew older, Sonora came to understand the remarkable job her father had done for her and her siblings. Sonora's father was born in June.  To honor him, she promoted the celebration of the first  Father's  Day, which was held in Spokane, Washington on June 19, 1910.

 The idea of celebrating a day to honor fathers spread quickly throughout the country.  In 1924, President Calvin Coolidge supported the idea of a national Father's Day.  President Lyndon Johnson signed a presidential proclamation in 1966, declaring the third Sunday of June as Father's Day.  A national law was passed in 1972 that made the date of celebration permanent. 

No one disputes that fathers play an important role in their children's lives.  To learn more about the benefits, please visit our blog.

A recent study from Michigan State University (MSU) surveyed divorces in the United States, and 11 additional countries. The study found that family splits lead to significant surges in construction, transportation, and other results, which have a significant impact on the local ecology. Divorce attorneys know that a divorce generally will lead to a decrease in life style for both adults. However, family lawyers have not predicted the findings of the study from MSU. Nevertheless, the results of the study do make sense. The movement of families from one residence to two increases the energy expenditures to support that family. It costs twice as much for groceries, fuel for vehicles, energy to heat and cool residences. The split households have fewer people in them and yet they use the same amounts of energy.

We recently observed Earth Day and Arbor Day in this country. As a result, many people are inspired to think and act in a more ecological responsible fashion. It is apparent that the general consciousness of our need to act to save the environment has increased. Yet, I am not aware of any couples in a disintegrating relationship who have decided not to obtain a divorce because of its negative impact on the environment. It is an observation that is likely to be shared by family law attorneys. This negative impact on the environment also does not seem to have caused any lessening the rate of divorce in the industrialized countries, contained in the MSU study. Whether it will do so in the future remains to be seen. To review the study, please visit our blog.

Divorces, whether they are civil or highly contested, often involve emotional pain, anguish, and anxiety for the participant.  Divorces are never pleasant.  Whether you live in West Palm Beach, Florida or elsewhere, few people will claim that their experiences in a divorce have been pleasant.  Consequently, the last thing anyone would likely think about after they have completed a divorce is throwing a party.  Nevertheless, a whole industry regarding the celebration of one’s divorce is developing in this country.

The reasons for this evolving social trend could be many.  No standard activity or rite of passage previously existed to commemorate one’s passage from a married state to a single state.  We have unpleasant events that happen in our lives such as funerals, which have rites to celebrate the individual who has passed away, commiserate with their family, and wish them well in the future.  A divorce party, at its best, embraces all these elements.  Divorce parties have quickly sprung up around the country.  An inquiry on the Internet will quickly locate books on divorce parties, divorce party planners, music play lists, and hotels in Las Vegas and other metro areas that cater to divorce parties.  Even a play has been written about this social phenomena:  “The Divorce Party” by Laura Day.  All this activity around divorce parties would not be occurring unless it was meeting a need. 

Southeast Florida is the home of the proclaimed “largest divorce party in the nation”.  It will be taking place on Friday, May 30, 2008 at Christopher’s Nightclub in Fort Lauderdale starting at 9:00 p.m.  During the evening, participants will be dancing, playing games, entering contests, winning prizes, meeting new friends, and enjoying life after divorce.  To learn more about this divorce party, please visit www.secretsofdivorce.com/divorceparty.html.  It is sponsored by Divorce Magazine and Divorce360 and hosted by Rosalind Sedacca.  If you can’t attend this event, and you wish to learn more about divorce parties in general, please visit our blog.