Jacksonville Divorce Lawyer Blog

One of the primary concerns for couples considering a divorce in Florida is the potential costs. In light of the poor economy this is a very valid concern for many Florida couples. If you decide to file for divorce your filing fee is going to be right around $400. You will also need to have a summons issued and served on your spouse by the sheriff or a process server, which will cost around $50. You can pickup all of the required forms at the clerk's office for about $20 or you can go online and print them for free. There are a number of Attorneys in Florida who will review your forms for you to ensure they are filled out correctly for around $150-$500 depending on the attorney. If all goes well you can get divorced for right around $600.

However, divorces rarely proceed without a few bumps in the road. That is why people hire Florida Family Law Attorneys. In addition, the Florida rules of civil procedure and family law rules are confusing for most people. It is beneficial to have an attorney explain the dissolution process in depth so you will understand your rights and develop the best course of action to guarantee your rights are protected. The average retainer for family law attorneys in Florida to handle a dissolution of marriage is anywhere between $3,000 to $5,500 depending on the issues involved in your case any the potential issues the attorney may spot after an initial consultation. In some cases there are couples who have worked out most of the divorce issues prior to consulting with an attorney and they simply want the attorney to help them through the process and finalize everything in accordance with Florida law. This is generally what is considered an uncontested divorce. Depending on the attorney you may be able to get by with a retainer of only $1,500 to $2,000. Keep in mind though that even uncontested divorces can become contested while going through the process if one of the parties changes their mind about the issues involved. In that case your legal fees will increase.

It can be really hard to predict how much a divorce will cost before all is said and done. However, a Florida Family Law Attorney can help you understand the process better ultimately save you time, money, and an adverse judgment that may be with you for a lifetime.

If you would like to speak with a Florida Family Law Attorney regarding a divorce, visit our website and schedule a consultation.

Florida speed skater Jennifer Rodriguez, nicknamed “Miami Ice” never expected to be back in the Olympics at thirty three. After her disappointing eighth place finish in the Turin games in 2006, she had hung up her skates. But two years later she returned to skating at the urging of her husband, KC Boutiette. She was ready to try for Olympic gold again.

But since 2008, Ms. Rodriguez has suffered a series of life tragedies that have threatened to keep her from the Olympics. The first blow was when Ms. Rodriguez and Boutiette divorced after six years of marriage. The divorce led to mounting financial problems, and when her mother died of breast cancer she almost considered quitting. But at the very end of 2008 she won a gold medal in the 1000 meter event at the World Cup in Japan. She was then ready to go on to the Vancouver Olympic Games, where she competed in the 1000 meter, 500 meter, 1500 meter and the Ladies Team Pursuit.

Divorce is never easy, and even though Jennifer Rodriguez did not win the Gold at the 2010 Winter Olympics, she has shown her fans that there is life after divorce. You can read more about Miami Ice’s trials and triumphs at Jennifer Rodriguez skates past sadness to Olympics.

If divorce is in your future, please contact our Jacksonville, Florida law firm for legal counsel.

Bob Howat, a marriage and family therapist from Fernandina Beach, Florida, recently shared his tips for avoiding the negative effects of anger. As a marriage counselor, he agrees with other experts that unchecked anger can unnecessarily lead to divorce.

Of course, some anger is healthy and natural, such as when it is part of the grieving process after a death or divorce, but if anger stays around too long it can become debilitating. Howat counsels couples that anger is often a choice, and teaches an “ABC” method for avoiding unnecessary anger. It is based on the Rational Emotive Behavioral Therapy model developed by psychotherapist Albert Ellis.

The ABC method is actually made up of 5 steps, which include:
A. An Activating experience or event
B. Beliefs and/or thoughts about A
C. Emotional Consequences - how you feel
D. Consciously Disputing B
E. Embodying a new, more rational, feeling instead of C

For most people, when something bad happens (A), they become angry (C). These people believe that A is what is making them angry, when it is really B, what they are telling themselves about A, that is making them angry. For example, if someone cuts you off on the freeway, you may believe that they are a jerk and treating you poorly, which deserves an angry response. If, on the other hand, you believe that you should be disappointed in the other person’s driving skills, or concerned for the driver’s safety, you will not get angry – and on the highway that could save lives.

When dealing with your spouse, stopping to think about the ABCs can diffuse arguments and remind couples that they don’t have to be angry to make a point or to ask their partner to change his or her behavior. Read about these anger-management tactics in more detail at Coping: The ABCs of anger.

If you are considering divorce, please contact our Jacksonville, Florida law firm for legal counsel.

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

Read more about the co-parenting help line at Help line lessens tensions.

If you are involved in a divorce or child custody negotiation, please contact our law firm for child injury legal counsel.

Social networking has become a popular form of interaction and expression for people of all ages. It is no wonder that Facebook has started to get mixed up with divorces.

For example, a Tampa, Florida woman videotaped many of her fights with her soon to be ex-husband and then posted the screaming matches on Facebook. Another Florida man used his Facebook page to document his frustrations with parenting, only to have his journal entries used against him in court by his soon to be ex-wife.

Of course, there are also plenty of stories about old flames rekindling on Facebook as well as inappropriate flirting and texting with new found friends that can lead to divorce. There is an upside to Facebook and divorce, though. Parents report that they can use Facebook updates to keep in touch with their kids better when they are with the other parent.

Florida divorce attorneys report that they are beginning to counsel clients to take two steps with Facebook on day one of a divorce; first, take down their own Facebook page immediately, and second, go through their partner’s Facebook account for anything that can be used against them in a divorce proceeding. A partner’s Facebook page usually turns out to be a goldmine of ammunition for court.

It can be tempting to “spill it all” when using social networking sites, but it is a good idea not to post anything that you will regret later. Read more at Businesses find Facebook, Twitter useful.

If you are considering divorce, please contact our Jacksonville, Florida law firm for legal counsel.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

It is probably also a good idea not to start your home search until you are aware of the total child support, alimony, and debt payments you will be required to pay or be entitled to receive. Read more tips for purchasing a home during a divorce at Buy a New Home During Divorce.

If you are involved in a divorce, please contact our Jacksonville, Florida law firm for legal counsel.

Written by Keith L. Maynard

A common occurrence in Florida Divorce and in the current economic climate is the division of marital debt according to the principles of Florida Statute 61.075. It is not uncommon in this age for a married couple who is seeking a divorce to have more marital debt than assets. When this happens it is common for my clients to ask me who gets which debt. Florida law requires the Court to equitably distribute marital assets and liabilities. This does not mean that everything will be divided 50/50. It simply means that a Florida Court will do its best to leave both parties on common ground after the divorce.

If there is marital debt that is in both spouses' names, a judge will usually divide the debt up between the spouses. For instance, if both parties have several credit cards in both of their names, for similar amounts, the Court may give the responsibility of paying two of the cards to the husband, and two of the cards to the wife. If the amount divided up is somewhat equal, then this sort of settlement is about as fair as it gets.

However, what happens when one of the parties defaults on the debt after the final judgment? This is where it gets tricky. If the credit card is in the name of both spouses, then both are jointly and severably liable for the full amount owed. Even though the judge signed a final judgment requiring the individual spouses to pay their portion of the marital debt, when a party defaults on their portion of the debt, the creditor still has a claim of action against both parties. That is because the creditor issued the line of credit to both parties. They are not required to relieve a party of their portion of the debt simply because the debtors are now divorced and a judge issued a final judgment distributing the debt amongst them. If one of the former spouses subsequently files for bankruptcy, the creditor would no longer have any recourse to pursue the repayment of their principal and interest. Of course, both parties could file for bankruptcy and discharge all of the marital debt should they be so inclined.

The disconcerting news is that in a marriage, either party is capable of incurring debt on behalf of both parties. Even when the divorce is finalized, you may still be subjected to your ex's lack of financial prowess. Although the divorce made each party responsible for a portion of the marital debt, the divorce judgment does not supersede the claim of a creditor against each spouse individually for the debt incurred in both of their names during a marriage.

If you have questions regarding marital debt, contact a Florida Family Law Attorney.

Superstars Jennifer Aniston and Gerard Butler are reportedly ready to move in together and settle down. According to sources close to Aniston, the former Friends star suggested to her new beau that the two move in together while contemplating a more permanent arrangement.

Aniston has been rather famously single since her marriage with Hollywood Heartthrob Brad Pitt ended nearly a decade ago. But she has told friends recently that she believes she needs a man in her life again. She has reportedly let Butler know that when he is ready for a commitment, she will say “yes.”

In the meantime, Aniston’s lawyers are said to be drawing up a prenuptial agreement to protect the actress’ fortunes. Friends of Aniston’s say that she wants the agreement so that she can be sure money will never be an issue between the couple. She feels that having the agreement in place will help things move more quickly once the two are ready for a larger commitment.

Prenuptial agreements are a good investment and can help you feel more comfortable going into a marriage. They do not have to be adversarial in nature. If you are open and honest with your significant other about your concerns, a prenuptial agreement can actually help you provide for an amicable dissolution should it ever come to that. Although marriage is supposed to be romantic, the true nature of marriage is a partnership. That is why there are a number of tax advantages and benefits to being married. It should be approached to a large degree as a partnership in which both parties should be protected. Not all prenuptial agreements have to cut one spouse off while the other gets everything. You can actually resolve a lot of the issues that come up in divorce before it ever gets to that point. This may save you a bunch of attorney's fees if the marriage should fail. If the marriage lasts, then you have nothing to worry about. A Florida Family Law Attorney can answer questions you have about prenuptial agreements.

Read more details of the planned cohabitation of Aniston and Butler at Jennifer Aniston and Gerard Butler Plan ‘Trial Marriage.’

If you are considering marriage and would like more information on prenuptial agreements, please contact our Jacksonville, Florida law firm for legal counsel.

It wasn’t too long ago that Americans regularly sought foreign adoptions because they were easier and less costly than adopting an American child. But three of the most popular countries for foreign adoption are changing the rules, and making it harder for Americans to adopt oversees.

China, Russia and Guatamala have scaled back or even halted foreign adoptions as they try to improve their internal accountability, and at the same time these countries have made eligibility requirements stiffer than ever. China, for example, will deny an adoption based on a prospective parents’ body mass index (BMI).

The price has also risen to as much as $40,000, which is twice what it was just ten years ago. Industry insiders say that it has never been harder for Americans to adopt children from overseas. In fact, the number of children adopted internationally was cut in half in the five years between 2004 and 2009.

The Hague Convention on Intercountry adoption, decreasing population growth, increasing stability in countries like Russia and China, and a greater emphasis on placing children within their birth countries have all contributed to decreasing the number of children available for adoption by American parents. International adoptions are governed by U.S. federal law, the laws of the country where the child was born, and the laws of the state where you reside. It is important to find out whether the country you are trying to adopt a child from is a Hague Convention country or a Non-Hague Convention country. A Florida Family Law Attorney can help you with this process.

If you are considering adoption, you will need the services of a family law attorney. Please contact our Jacksonville, Florida law firm for legal counsel.

Read more details of the slowing international adoption market at International adoptions grow more difficult.

William Drayton Jr. is best known by his stage name, Flavor Flav. Recently, the 1980’s rap star from the group Public Enemy has made a big comeback by appearing on such reality TV shows as The Surreal Life, Strange Love, and Flavor of Love. But according to the Albany, New York Child Support Collection Division, Drayton owes back child support payments to Mary Parker, the mother of three of Drayton’s children.

Drayton will be required to appear in court to answer charges that he owes Ms. Parker over sixty three thousand dollars in back child support payments and private school tuition. The back child support payments are due to a judge increasing Drayton’s responsibility from just over one hundred dollars per week to over eight hundred dollars per week, and making the ruling retroactive to 2008, when Ms. Parker originally filed an amendment to the child support agreement.

Drayton plans to contest the charges, claiming that he has regularly paid Ms. Parker more than he was required to by the original agreement. Drayton’s recent success has prompted several other complaints from family members, including a daughter who said that he reneged on an offer to pay for her last semester in college. Karen Ross-Fortunate is the mother of three of Drayton’s other children, and has charged that he has not financially supported her children either. Drayton has seven children.

In Florida you can file for a modification of a child support obligation if there has been a significant change in circumstances or the modification is at least a 10% difference between the existing amount and the proposed amount or $25 per month. The distinction is dependent on the length of time it has been since the child support order was entered. A can help you get a child support modification.

If you are having trouble collecting your child support payments, please contact our Jacksonville, Florida law firm for legal counsel.

Read more about Flavor Flav’s child support troubles at http://www.chicagotribune.com/news/local/ct-met-adoption-difficult-20100214,0,7012433.story.

News of the World, a British tabloid, recently ran a front page story purporting to describe all the details of Brad Pitt and Angelina Jolie’s divorce, including financial and child custody negotiations. The problem is that the Hollywood power couple claims they are not splitting up, and they have filed suit against the paper for making “false and intrusive allegations” about their relationship.

The LA divorce attorney reported by the News of the World to be involved in drawing up separation papers for the couple has made a statement denying any contact with the family by herself or any member of her firm.

According to lawyers for the family, News of the World has refused to retract their story or apologize for their content. Further, the stories have been widely republished, using the original story as source material. The paper has declined to comment about the lawsuit.

Since the rumor has started about the impending divorce, Jolie and Pitt were seen together with their son Maddox in Miami, Florida at the Super Bowl. Read more details about the lawsuit over phony divorce reports at BRAD PITT AND ANGELINA JOLIE TAKE LEGAL ACTION OVER SPLIT CLAIM.

If you are considering divorce, please contact our Jacksonville, Florida law firm for legal counsel.

Studies have shown that fifty percent of children of divorce in Florida and nationwide have problems later in life that are related to their parents’ split. Author Tony Rassini has just released a new book, entitled "Dad, It's Time to Tell the Truth!" Discover what happens when two parents hate each other more than they love their kids, which he wrote partly to help his son deal with the aftermath of his own “ugly” divorce.

The book is written as a memoir, and follows Rassini’s attempts to be a good father to his four children during and after his bitter divorce. He documents his interactions with lawyers, doctors, and the courts, and looks at how all of these interactions affected his children. In the end Rassini realized that the only thing he had to give his son was the truth.

Divorce is a difficult time for both adults and children. Being age-appropriately open and honest with all family members is the best way to smooth over hard feelings and ensure that all parties can get on with their lives without any lasting scars. Reading about Rassini’s journey can help others going through divorce realize that they are not alone. One of the most important factors in the divorce process is having a family law attorney who will advocate on your behalf while also knowing how to avoid needless litigation which ultimately costs you extensive amounts of money and possibly the respect of your family members.

If you are considering divorce, please contact our northeast Florida firm for legal counsel.

You can read excerpts from the book at Father Loses it All and Mends Relationships with His Children.