Join Board Certified Marital and Family Law Specialist, Elisha D. Roy and Carolyn D. Ware for an all encompassing webinar on client selection from the initial consultation through the pendency of the case. Topics will include red flags to look for, non-negotiables, and protecting yourself to avoid a potential bar complaint.

The room block is now open for our upcoming Leadership Retreat and Fall Meetings taking place at The Westin Cape Coral Resort at Marina Village in Cape Coral, FL, July 24-28, 2024. To ensure you secure our special group rate, we encourage you to reserve your room today!

Download the Event Brochure HERE

Register for the event HERE

Reserve your room(s) HERE

I am forever grateful for the opportunities my involvement in the Family Law Section has provided to me. From the time I was a young lawyer and attended meetings as an observer to serving as Chair of the Family Law Section, I was surrounded by people who care deeply about the work they do and possess the desire to do it well. Those who are active in the Section know the excitement of working on rule changes, drafting legislation, creating continuing legal education programs, editing Section publications, and being otherwise at the forefront of the work we do to serve Florida’s families.  There is no question that what we do as family law attorneys is difficult. It can be emotionally draining not only for our clients but also for us! Having Section colleagues and friends has always been a buffer for me: there is always someone who can empathize with what is happening in my practice, with clients, and in court. The support from Section folks is priceless!

My theme when I was Section Chair was to lead by example. As part of that, I felt it was essential to focus on prioritizing mental health and wellness. Mental health is important. If we are not in a good place mentally, how can we possibly offer guidance to clients in emotional distress? Divorce lawyers are not only the subject of some of the most offensive lawyer jokes, but they also often find themselves suffering from compassion fatigue or emotional burnout. It is essential to make sure we take care of ourselves, first, like the flight attendants tell us. Substance abuse is a significant issue for lawyers in general and family lawyers are no exception from its challenges. It was a priority for me to create non-alcoholic options for our event receptions, and to offer space and time for meetings to support members in recovery. 

It was also important to make newcomers feel welcome. I wanted to provide opportunities for people to get involved in things that excite them, and to make note of the people who were doing the work, so as to help pave the way for future leadership. One of my favorite moments during my year as Chair has to be the Leadership Retreat in St. Augustine. Though I originally wanted it to happen in Tallahassee (I mean, it is the Capitol of the Great State of Florida – the seat of the state leadership!), the scavenger hunt throughout historic St. Augustine was epic, and I believe it was the first retreat for which Andrea Reid was chair! 

The out-of-state retreat during my year as Chair was a huge success, too. Leading by example, I wanted to emphasize the wonderful connection between the Section and the Florida AAML Chapter. Then-AAML President Natalie Lemos agreed, and we organized a joint Seattle trip (of course with the incredible support of Susan Stafford, the Executive Director of the Florida Chapter of the AAML, and then-Section Administrator Gabrielle Tollok). Our cohesive group celebrated at the top of the Space Needle, toured Conduit Coffee, a local Seattle roaster (ask Doug Greenbaum about that!), we ate our way through Pike Place Market, and cruised around Elliott Bay.   

During my year as Chair (2016-2017) the Section pursued a cause introduced by Jorge Cestero: to put an end to underage marriage in Florida. While legislation limiting underage marriage did not come into fruition until 2018, Bonnie Sockel-Stone grabbed the baton handed to her in 2016 and ran, working hard to make positive change for Florida!   

In all, Section work helps provide balance in our professional lives. We can socialize with colleagues who become lifelong friends, we can lift each other up, we can do real good work for Florida families, and we can make ourselves the best lawyers we can be. If you aren’t yet a member of the Section, why not join today???

"A leader is best when people barely know he exists. When his work is done, his aim fulfilled, they will say: we did it ourselves." Lao Tzu.

By: Kimberly Rommel-Enright, Esq. on behalf of the Diversity and Inclusion Committee

Each June, the LGBTQ+ community and its allies come together to celebrate Pride Month, a time dedicated to honoring the history, struggles, and triumphs of the LGBTQ+ community worldwide. This annual observance is a testament to the resilience, courage, and advocacy of LGBTQ+ individuals who have fought for equality, acceptance, and visibility over the decades.

The roots of Pride Month can be traced back to the Stonewall Uprising in June 1969, a pivotal moment in LGBTQ+ history that sparked a movement for LGBTQ+ rights and liberation.

Following a police raid on the Stonewall Inn, a popular gay bar in New York City's Greenwich Village, the LGBTQ+ community rose up in defiance against police harassment and discrimination. The protests that ensued over several days marked a turning point in the fight for LGBTQ+ rights, galvanizing a new era of activism and solidarity within the community.

In the years that followed, LGBTQ+ activists and advocates organized marches, protests, and events to demand equality, visibility, and recognition of LGBTQ+ rights. These efforts culminated in the first official Pride March in New York City on June 28, 1970, commemorating the first anniversary of the Stonewall Uprising. It was known then as the Christopher Street Liberation Day. This event marked the beginning of what would become an annual tradition of Pride celebrations around the world, aimed at promoting LGBTQ+ rights, culture, and inclusion. 

One pioneering figure in LGBTQ+ history was U.S. District Judge Deborah A. Batts, who made history as the nation's first openly gay federal judge. Appointed to the U.S. District Court for the Southern District of New York by President Bill Clinton in 1994, and sworn in on June 23, 1994, during Gay Pride Week, Judge Batts was a trailblazer in the legal profession.

Judge Batts graduated from Radcliffe College in 1969 and credits the tumult of that decade as the inspiration to study law and pursue social justice. She earned her law degree in 1972 at Harvard Law School and went on to a federal clerkship, a private law firm and the federal prosecutor’s office before ascending to the bench.

As the first African American faculty member at Fordham Law School, teaching property law and the law’s effect on non-traditional families, Judge Batts became a mentor to countless law students. After becoming a judge, she worked with a mentoring program that sought to increase diversity among lawyers appointed to represent indigent defendants. Throughout her career, Judge Batts presided over several landmark cases including the decade long civil case involving the Central Park Five.

Judge Batts' commitment to justice, equality, and diversity extended beyond the courtroom. Before passing in 2020 of complications after knee replacement surgery, Judge Batts spent many hours and late nights helping former prisoners through the Southern District of New York’s program called RISE (Re-entry through Intensive Supervision and Employment).

Her legacy as a pioneering jurist and advocate continues to inspire future generations of activists and legal professionals. She was respected by many including her friend Justice Sotomayor who said in a statement to The New York Times. “Most importantly, she lived her life openly and earnestly, with fortitude and conviction.”

As we reflect on the history of Pride Month and the contributions of trailblazers like Judge Deborah A. Batts, we are reminded of the progress made and the work that lies ahead in the ongoing fight for LGBTQ+ equality and justice. Pride Month serves as a reminder to celebrate diversity, honor resilience, and reaffirm our commitment to creating a more inclusive and equitable society for all individuals, regardless of sexual orientation or gender identity.

By: Cash A. Eaton, Esq.

Deasy v. Deasy, 2024 WL 2178129 (Fla. 4th DCA 2024).

This month’s case law update takes us to my hometown circuit, the Fifteenth Judicial Circuit in and for Palm Beach County, Florida. In a dissolution of marriage case, the parties were engaged in some spirited litigation involving some equitable distribution issues, the distribution of 1) marital tax debt; and 2) the distribution of a Mercedes Sprinter Van.

The parties had unpaid tax debt for the 2016-2018 tax years. The Former Husband was the only party to sign the tax returns. Accordingly, the Former Wife attempted to argue that the tax debt, although incurred during the marriage, should be non-marital because she did not sign the tax returns. The Wife relief upon § 61.075(6)(b)5., Fla. Stat., which states:

“[a]ny liability incurred by forgery or unauthorized signature of one spouse signing the name of the other spouse” is the nonmarital liability of the party having committed the forgery or affixed the unauthorized signature, unless the forged or unauthorized signature was subsequently ratified by the other spouse."

The trial court found that the tax debt was a marital liability, and the Appellate Court affirmed the trial court’s ruling. The Appellate Court reasoned that the tax debt was not incurred as a result of signing the tax returns. It was incurred because the parties failed to pay their taxes. § 61.075(6)(b)5., Fla. Stat would only apply if the liability was incurred as a result of an unauthorized signature, such as when a party forge’s the other party’s signature on a loan.

As to the Mercedes Sprinter Van, the Appellate Court held that it should have been treated as dissipation. During the proceedings the Former Husband sold the van for $1,000, when the van’s fair market value was $30,200.00. The Appellate Court reasoned that the “only reasonable interpretation of the evidence is that the husband intentionally sold this asset at far below market value to benefit a friend's roommate at the expense of the marital estate.”

By: Matthew Thatcher, Esq.

Even though legal practice has moved from the physical service of paper court filings to electronic service of electronic court filings, there are many times that we as practitioners will be confronted with paper documents that we need to either copy to preserve or duplicate to distribute. 

Sometimes it will be in the context of a deposition where a deponent presents a singular copy of an exhibit. Sometimes it is in the context of participating in the physical execution of a mediation agreement where the parties sign the paper with pen and ink. Other times it is when a client brings a physical document to your office. In a perfect scenario, you are in your office with access to your physical copier/scanner. But as we know that is not always the case. Luckily each of us has with us at all times access to a scanner equivalent to the large machines at our office; our cell phones. 

There are a variety of Apps, both free and for a fee, available for our cell phones which enable the convenient scanning of documents into PDF files.

Built In Options

IOS NOTES: On an I-Phone, you can use Notes to scan a PDF. When you are in Notes select the camera icon. One of the options provided will be to scan documents. The camera on your phone will capture the image and save it as a PDF into your I-Cloud. 

GOOGLE DRIVE: On an Android Phone, you can use Google Drive to scan a PDF. To do this open Google Drive. Select the “+” button in the bottom corner. It will provide a menu where one of the options is to scan. When you select scan your phone will capture the image which can be saved as a PDF.

 **With these built-in options, you may need to edit and crop the image.

Downloadable Applications

ADOBE SCAN:  This is an application that is available if you have a subscription to Adobe Pro. Upon opening this application your camera will be active. You will just need to hold the phone over the document you desire to scan and tap the screen. The application will find the edge of the document and only capture the document; not the surrounding desktop. Adobe Scan generates images that are searchable.

TURBO SCAN: This is a free application with a paid option. Much like Adobe Scan when you open this application your camera will open and it will only image the document that you desire to scan. The scanned PDFs are stored in the application which you can then e-mail to yourself or to other people. Under the free option there is a limited number of scans after which to continue to use the application you need to pay a one-time fee for a license.

Conclusion

This is not an intended to be exhaustive list of available applications that you can use on your cell phone to scan and create PDFs. There are many more available for download. Regardless of which one you choose to utilize, these PDF scanners are useful tools that can facilitate the efficient duplication and distribution of signed agreements, stipulations and, even allow you to create usable copies of paper exhibits. This is an example of technology making the practice of law better for the family law practitioner.

Want to submit an article for our monthly FAMSEG e-news, or our quarterly magazine, The Commentator? We can always use Tech Tips, Case Law Updates, and other relevant family law-related news for our 4,000+ members. Just email publications@familylawfla.org for more information. Thank you for your interest in contributing to our member publications!

Did you know that our Section Sponsorship has grown over the years? We have received 8 times the number of sponsorships that we had 7 years ago! Thank you to all of our past and current sponsors for supporting the mission of the Family Law Section! To learn more about getting involved, click HERE.