Divorce and The Residency Requirement

By Lindsay B. Haber 

Screen Shot 2018-12-12 at 5.34.45 PMWhen you file for a divorce in Florida, either you or your spouse must have been a resident of this fine state for the last six (6) months. But why is this?

Well, Florida, just like many other states, has a compelling interest to avoid interference by another state that may have ties to either you or your spouse (and kids) or your assets and liabilities.

Take, for example, a Wife who wants to file for divorce. She and her husband live together in Virginia where they own a marital residence and her husband operates his own dental practice. This Wife tells her husband she wants a divorce on Monday, flies to her parents in Florida on Tuesday, and files for divorce in Florida on Wednesday. I think we can all agree that with this example Florida is not the state for this divorce. Unless and until this Wife truly creates her own residency in Florida, the Virginia Courts would be deemed the state to help this family through their dissolution of marriage.

So what would it take for this Wife in the example above to meet Florida’s six (6) month residency requirement? While Florida Courts will look to both law and fact to make this determination, here are a few examples of when Florida Courts have found the residency requirement met when living in Florida for six months:

A PARTY LIVED IN FLORIDA FOR SIX MONTHS AND:
  • Obtained a Florida License;
  • Obtained a Florida Voter registration card;
  • Registered a Florida Automobile tag;
  • Obtained employment in Florida;
  • Had utility bills in that person’s name;
  • Had minor children living with you and attending school in Florida; and/or
  • Claimed Homestead exemption.
Now, this list is just a sample and is not definitive of whether or not a Court will find that this Wife in the example above, or you for that matter, have met the residency requirement after six months in Florida. For more information regarding the Florida Residency Requirement or to address your family law matters, please contact Kluger Kaplan.

 

Daily Business Review: Q&As With DBR’s 2019 On the Rise Honorees

The Daily Business Review recognizes attorneys with On the Rise awards for outstanding work early in their careers.

By Catherine Wilson

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LINDSAY HABER

Title: Partner

Experience: Kluger Kaplan, 2011-present

Education: Nova Southeastern University, 2010; University of Florida, 2006

What drew you to a career in law? The ability to use my undergraduate journalism degree with a career that would continuously keep me on my toes.

Have you set a specific goal that you want to achieve in the next year? I recently achieved my No. 1 work goal for the past several years of becoming partner at Kluger Kaplan in January.

What has been your proudest career moment and your biggest hurdle? Proudest career moment: Helping my client, an Italian citizen, get his children back to Italy.  His wife, also an Italian citizen, had brought their Italian children to Miami for a summer vacation and refused to return the children to their home in Italy for the upcoming school year. Biggest hurdle: When I first started, building my confidence when arguing against senior attorneys in the courtroom.

Where do you fit on a 1-10 work-life balance scale with 10 being nirvana? Please explain. 7, There is an ebb and flow when it comes to work-life balance, especially when we are all continuing to push for professional success.  I have started using my work calendar to plan not just work, but my personal life as well. So that I can try and make time for myself and my family and know how to plan each day successfully around both.

What is the top quality that you’ve used to succeed in the profession? Self-awareness. I am a litigator, part of a great law firm, and practice specifically in family law. To handle the hectic days that come with all of that, it takes more than just understanding the law. It takes, patience, understanding, and most of all, self-awareness. Knowing your strengths as well as your shortcomings helps me within my law firm as well as with my clients.

Who is your favorite mentor and why? Alan Kluger. He has allowed me to grow as a lawyer over the nearly 10 years at his firm: first as a summer associate in law school, then as a lawyer, and now as a partner at the firm. Alan has given me opportunities that must young lawyers could only dream of. I am thankful for the challenges he has given me and pushing me to be a better lawyer.

What’s the best advice anyone has ever given you? You know the law, now go with your gut!

What trends are you observing in the profession that you’re excited about? The way technology and remote connection has changed one’s ability to work away from the office desk. I think this has and will continue to be a big game changer for attorneys.

What is the greatest challenge you see for the legal profession? Technology. It has allowed emails, text messages, phone calls and even FaceTime to replace in-person meetings. Technology can be a double-edged sword!

If I weren’t a lawyer, I’d be … I don’t really know! I like being a family law attorney.

Kluger Kaplan Silverman Katzen & Levine Names Lindsay Haber as Partner

Screen Shot 2018-12-12 at 5.34.45 PMMIAMI – January 17, 2019 –Preeminent litigation firm Kluger, Kaplan, Silverman, Katzen & Levine, is pleased to announce that Lindsay Haber has been elected to the firm’s partnership. Previously, Ms. Haber served as an Associate in Kluger Kaplan’s Family Law Group since joining the firm in 2011.

Ms. Haber focuses her practice on family law disputes, including divorces, child custody issues, domestic violence and preparations of prenuptial agreements and paternity disputes. Beyond her national practice, she has handled international domestic issues, including a kidnapping that crossed borders.

“Over the years, Lindsay has shown dedication, expertise, persistence, and an understanding of how to provide outstanding client service and counsel. We are lucky to have her continue to grow under the Kluger Kaplan brand.” said Alan J. Kluger, a founding member of Kluger Kaplan. “Today’s announcement of Lindsay joining the firm’s partnership is another milestone in our firm’s growth and underscores the strength of our rising talent.”

For the last three years, Ms. Haber has held the position of a Director on the Board of the Broward County Bar Association’s Young Lawyers Section where she most recently assisted in organizing its first-annual “Law-LaPalooza” Bench and Bar Conference in December 2018. She is also a member of the Broward Matrimonial Lawyers Association. Her past leadership roles include The Network Rush Hour Chair in 2012-2013 for the Greater Miami Jewish Federation, and the Florida Association for Women Lawyers (FAWL) Membership Committee Chair in 2011-2012. She has also presented to national industry groups concerning timely topics related to family law.

Prior to Kluger Kaplan, Ms. Haber interned for Legal Aid of Broward County. She received her Bachelor of Arts from the University of Florida, and attended Nova Southeastern University Shepard Broad Law Center, where she graduated summa cum laude with her Juris Doctorate degree. During this time, she was also the submissions editor of Nova Law Review, President of Phi Alpha Delta, and Vice President of Teams of the Nova Trial Association.

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About Kluger, Kaplan, Silverman, Katzen & Levine, P.L.

Kluger, Kaplan, Silverman, Katzen & Levine, P.L. focuses on complex, high-stakes disputes across a broad range of disciplines and industries, including all aspects of business and corporate litigation; real estate related litigation; intellectual property litigation; employment litigation; securities and financial fraud; corporate governance; bankruptcy related litigation and debtor and creditor’s rights; appeals in state and federal courts; professional liability; intellectual property disputes; class actions; and complex matrimonial, probate and trust litigation.  The firm’s veteran litigators have served as lead class counsel in federal multi-district litigation and trials in federal and state courts throughout the country.  The firm has offices in Miami, Boca Raton and Minneapolis.

Treating Children of Divorce: The Legal Do’s and Don’ts for Pediatricians

Thousands of families experience the stress of divorce each year. While parents who are in the midst of a separation should put aside their differences for their child’s wellbeing, there are those that will misuse their child’s pediatrician to exclude the other parent from-decision making – potentially placing the physician in the middle of the dispute.

Screen Shot 2018-12-12 at 5.34.45 PMCommonly, parents and guardians will ask their child’s doctor to send a letter to the other parent or to a lawyer amid complex divorces. Doctors are often uneducated on how to properly help parents in such a conflict, including communication protocols, setting rules about what will be discussed in front of the child, and how to keep records for legal cases.

Last month, Kluger Kaplan’s Lindsay Haber spoke at the American Academy of Pediatrics (AAP) Convention during the education session, Children of Divorce: Helping Children and Families Manage the Challenges, leading the discussion about the legal perspective of treating children with divorced parents. This particular issue is multifaceted because there is not a one size fits all solution. Cases deliberated were approached first from a medical perspective and then followed by the legal perspective, as Lindsay educated pediatricians about their role in common problems that arise.

She advised the group to not overstep boundaries and to preserve neutrality by not recommending lawyers to their patients. She also left the pediatricians with practice changes they may consider with future patients including:

* Creating family assessment intake forms to be filled out yearly to learn about changes to custody, living arrangements, or decision making,

* Becoming familiar with divorce education programs, divorce mediation professionals, or support groups in the area,

* Screening children who have experienced divorce for depression and anxiety, and

* Discussing the impact of divorce on all family members during well-child visits.

It’s vital doctors establish with parents and guardians that they are unable to take sides, keep secrets or be a go-between. It just as important that doctors also avoid offering to call and repeat visit details to the parent not in attendance. The child needs equal access to both parents as do the child’s doctors unless circumstances advocate otherwise, and parents need to develop strong co-parenting strategies for the child to be provided with proper medical care.

Best Lawyers, U.S. News & World Reports Ranks Kluger Kaplan Among Best Law Firms in 2019 Edition

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Best Lawyers and U.S. News & World Report have once again recognized Kluger, Kaplan, Silverman, Katzen & Levine for its professionalism and integrity as a “Best Law Firm” for 2019.

Firms included in the 2019 Edition of “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. It also honors firms who have made their mark on the legal profession and deliver high-quality legal services. Kluger Kaplan was ranked nationally in three practice areas and regionally in eight practice areas.

Below are the practice areas for which Kluger Kaplan was named a “Best Law Firm”:

National Tier 2

* Litigation- Mergers & Acquisitions

* Litigation- Real Estate

National Tier 3

* Commercial Litigation

Regional Tier 1

Miami

* Commercial Litigation

* Family Law

* Litigation- Real Estate

Minneapolis

* Eminent Domain and Condemnation Law

Regional Tier 2

Miami

* Litigation- Mergers & Acquisitions

Regional Tier 3

Miami

* Entertainment Law- Motion Pictures & Television

* Litigation- Banking & Finance

* Securities/Capital Markets Law

The Best Lawyers- U.S. News & World Report “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys in their field, and assessment of additional information provided by law firms as part of the formal submission process.

For full details on our rankings, please visit Best Law Firms 2019.