Jacksonville Divorce Lawyer Blog

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

Florida grandparents now have rights to visitation with their grandchildren. After years of grandparents wanting visitation with their grandchildren and having no court action to take, the Florida legislature adopted Florida Statute 752.01, which allows for grandparents to file a petition for visitation with their grandchild.
The Florida law regarding the grandparents' petition states that the Court shall give reasonable visitation rights to grandparents if it is in the best interest of the child when the minor child's parents have divorced, a parent has abandoned/deserted the child, or when the child is born is out of wedlock.
This new law gives grandparents a voice in court where they previously had none. Congratulations to all you Florida grandparents that have been yearning to see your grandchildren. Since this matter is new, it is important to speak with an attorney regarding your rights and what actions to take.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.
The most common myth for in a divorce with children is that the new time sharing law requires that you and your spouse have 50/50 visitation with the Child. This is not true. The Court looks at the best interest of the Child and in so doing, the visitation will be a factor. It is often not considered proper for 50/50 because the Child has different rules in each house, which plays a role in the child's ability to do well in school, at home and in extracurricular activities.
The second myth is that child support is negotiable. This is not true, because according to Florida Statute, a parent cannot negotiate away the Child's right to child support. Support for a child is determined on the income of both parents and tries to place the child in the same position s/he would have been had the parents stayed together.
The third is that if you aren't allowed or use the time sharing (visitation) then you do not have to pay child support. If the lack of contact is due to you or your spouse, that does not alleviate your financially responsibility to your child. Visitation does not equal child support.

latter@woodatter.com

As an attorney Jacksonville, Florida I have handled stepparent adoptions and seen the incredible impact and purpose it has for a family. If you are married and your child views your spouse as their parent, then you are probably wanting to pursue a stepparent adoption action. Whether you were previously married or had a child out of wedlock, and the other parent has not been in your child's life, then your current spouse and you may have discussed a stepparent adoption.
There are a few steps in getting a stepparent adoption and it is wise to discuss your case with an attorney that has experience in the area. However, to bring a few important issues to light I will explain the process.
1. If you are the Mother of a child and have not spoken to the child's father or have no way of contacting the child's father, then you may have to do a request into the Office of Vital Statistics Putative Father Registry. If no one has claimed that he may be the father of your child, then you will receive a certificate stating such.
2. An Affidavit of Diligent Search may need to be filed with the Court, which proves that you have looked for the other parent and have been unable to locate him/her.
3. If you do know where the other parent is, then he/she may voluntarily consent to the Termination of Parental Rights.
4. If the other parent refuses to consent, but has been absent from the Child's life for an extensive period of time, then you may file a Petition for Termination of Parental Rights that lays out the groundwork for why his/her rights should be terminated.
5. Once any or all of the above is completed, then you can file a petition for stepparent adoption.
In so doing, the stepparent is basically telling the court that she/he will be responsible for the wellfare and financial responsibilities of the Child. That she/he understands and consents to the Child having the right to claim to be his/her natural child for purposes of inheritance. That she/he has the financial ability to provide for the Child now and even if the parties (husband and wife) were to divorce.
It's an amazing process. While it sounds difficult due to the actions needed in steps 1 through 4, it is often quite simple and painless for the parties seeking the action. The reality is that the Court wants to know that the actions are in the best interest of the child. It is always better for a child to have two parents when available.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, many courts have time sharing or visitation guidelines and they can be specific to distance. In Jacksonville, we have the 4th Judicial Circuit Guidelines, which provide for time sharing throughout the school year and holidays.

Time sharing is now the correct term for visitation and a time sharing plan is required in a case involving children. You can either use the court guidelines develop your own, as long as the other party and/or the court agrees with the schedule.
Long-Distance Guidelines in Jacksonville set-up a number of opportunities for visitation. There is an ability to continue with alternating weekends, but it must be done in the town where the child resides. You can have once/month at your home, depending on the situation surrounding your case. In addition, you will be entitled, again depending on the facts of your case, to timesharing during the Spring Break time each year and summers beginning 5 days after school gets out until 2 weeks before school commences.
Long distance timesharing often has costs associated, so you have to determine what is best for you and the other parent for the child to stay connected to both parents.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Florida, there is a relocation statute if you are moving with a child. As a Jacksonville divorce and family law attorney, I realize that not everyone understands that moving may require court action. Relocating for a job, marriage or any other reason? If you have a child and looking to move, then you may have to file a Petition for Relocation with the Court.
Florida law has a Relocation Statute, which requires that a relocation petition be filed with the Court if you are planning on moving, with your child, 50 miles or more away from your current residence. This is required if the move or relocation is for more than 60 days.
Filing a petition for relocation also requires that the other parent is served with the papers and (s)he has 20 days to file an objection. If an objection is not filed within that time period, then the Court will assume the move is in the best interest of the Child.
If the other parent will agree to your relocation, then you can file an agreement with the Court. The catch is, there a number of provisions within the Relocation Statute that must be met or you could face contempt, the Court can require you to return, and the Court may go so far as to change the primary residential parent.

latter@woodatter.com

In a Florida divorce you have to choose whether to hire a lawyer. The divorce and hiring a lawyer can be expensive and you have to determine if it is worth the money. As a Jacksonville, Florida divorce attorney, I find a lot of clients asking this questions. It is one I cannot answer for you, but I can give you the answer I feel explains it best.
If you are going through a divorce, then you at some point, have been emotionally involved in a relationship that you are now trying to end. Divorce is not without emotions and often our emotions and rational thought do not go together. What often happens is that one party may get a lawyer and the other does not and the unrepresented party tries to remain reasonable and understanding to the needs of the spouse. The represented party has someone by their side that is helping decide what is reasonable and what is in their client's best interest.
The reason that I feel it important to have an attorney working for you is that we (lawyers) are not emotionally connected to your divorce, so we can remain objective throughout the process. We can help you better understand where you should give in and where you should stand firm. My reason for this is not self motivated, but truly because if I were in your shoes, I would want someone removed from my situation to help me have a firmer, more objective approach because I know that my emotional decisions have historically not been my better ones.
If you are on the fence regarding hiring an attorney, it is best to meet with someone and find out your options. There are consultation fees most times, but the wedding cost a lot more than any of us are charging for a consultation fee. Your future deserves the same care and aforethought.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

What used to be one of the biggest assets in a marriage in Florida is now one of the biggest liabilities due to the current market economy. What are you supposed to do with the marital home when the marriage is dissolving? There are some options which are as follows:

1) Let the bank take back the home in either foreclosure or a short sale action. This will mean that both the Husband and the Wife will suffer negative credit marks, however.

2) One spouse can agree to take on the house and all of the debt that goes with it.

3) Both parties can agree to place the house on the market, move out and rent the property until it sells splitting the monthly rental income and splitting any equity upon the sale.

4) One party buys out the other and refinances the home in his or her sole name.

These are just some solutions to resolving home liability issues. While there is no ideal answer regarding the marital home in this economy, the issue requires the advice of an attorney. Please contact our firm to help you resolve this division of property.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

When parties divorce in Florida, the court orders that the marriage contract is broken. In an annulment action, the courts declare that the marriage never was. To obtain an annulment in Florida, it is much more difficult than obtaining a dissolution of marriage, and it occurs less frequently than dissolutions. However, if you require an annulment for religious reasons, you need to contact your rabbi, priest or minister as well as an attorney to complete the process. Certain grounds must be proven to the courts to obtain an annulment. An annulment cannot be obtained based on the fact that the marriage was short. The courts require more. The certain grounds that can be alleged in an annulment action are: 1) that a party did not know what he/she was doing when they got married due to intoxication, mental incapacity, etc. 2) that the marriage was illegal such as in Florida you cannot marry certain members of your family 3) that there was fraud involved in the marriage that goes to the substance of the marriage. If you think you may qualify for an annulment instead of a divorce, or you require an annulment for religious reasons, please contact our firm for expert advice on the dissolution or annulment process in Florida.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Florida, a dissolution of marriage is the legal term for terminating a marriage. One party must file a Petition For Dissolution alleging "grounds" or reasons for the divorce. However, in Florida, only two legal "reasons" can serve as grounds for the divorce and those are 1) that the marriage is irretrievably broken or 2) that one of the parties to the marriage is mentally incompetent. Usually the first ground is the ground that is alleged in the Petition For Dissolution as the second ground can only be used if a spouse has been adjudged by a court to be incompetent for a period of at least three (3) years. While you may believe your spouse to be incompetent, if a Judge has not signed a judicial order indicating your spouse's incompetency, then your spouse is not legally incompetent, and the ground cannot be alleged. If the marriage is irretrievably broken, this means that the marriage has so many issues and disputes that they cannot be resolved through any type of counseling or classes, and the marriage is completely and totally broken. If you feel that your marriage is irretrievably broken or your spouse has been adjudicated by a court to be incompetent causing the breakdown of your marriage, please contact our firm for expert advice in helping you navigate the dissolution process.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of people sitting across from my desk in the initial consultation in my family law practice waffling about whether or not they should get a divorce. Obviously, if they are sitting across from me, things are NOT copacetic in the marriage. However, that doesn't always mean that divorce is the only answer. How do you know when you should get a divorce or stay and try to work things out? Normally when parties begin the divorce process, one or both of the parties is not truly ready for the divorce. Here is a good article that asks eight questions to help you decide if you are ready to enter the divorce arena. If you are having trouble deciding on how to proceed in your marriage, or just need expert advice on the entire dissolution process, please contact our firm to arrange a consultation.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

No matter what happens with your divorce in Florida, divorce is costly even if the parties agree on almost every matter. In the end, each party is still having to live on half of the money that they were prior to the divorce. How do you still take your child on a nice family vacation post-divorce in Florida? Below are some suggestions for having a blast of a vacation and building family memories post divorce without breaking your bank.
1. Camping- having memories around the campfire is a great way to wind down and bond with the child(ren) post divorce. It's an inexpensive way to put the stress of the dissolution behind you and to focus on the children in a relaxing setting.

2. Visiting Extended Family- if the ex spouse did not see eye to eye with your extended family, now is the perfect opportunity to rebuild the extended family relationship. Grandparents are important to children. Take this opportunity to build the bond.

3. Volunteering- Take your kids to volunteer at the homeless shelter or Habitat For Humanity in your city. These volunteering opportunities will help to build character and will allow the child(ren) to give back to others. Oftentimes, helping others helps to take the stress off of ones own situation.

4. Fishing or Horseback Riding Trip- There is no better way to de-stress from a contentious legal battle than to get back to nature.

5. Do NOT go into debt to go on vacation. If you can't afford to travel, find creative, interactive activities to do in your own backyard such as a craft project, grilling out, backyard sports such as badminton, etc.

Whatever you decide, there are ways to enjoy the family summer vacation post divorce without breaking the bank. At this point, the kids just want the security of being with you. If you have any questions about child custody, alimony, divorce, child support or other family law or criminal law matters, please contact our firm for expert answers.

By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
- Child support is a calculation mandated by Florida Statute 61.30 and is based on the net income of the parties as a whole and the individual's percentage of that whole. There are things taken into the calculation consideration such as mandatory retirement and union dues, insurance costs of the child(ren) and day care costs for the child(ren). There can be considerations given for special needs or circumstances, but typically the calculated number will be the actual child support to be paid.

2. Which parent will get the child(ren)?
- The court can look at the history of the family unit, to which parent will be more likely to provide for the child's needs, etc. Ultimately the decision is based on the best interest of the child. While the Courts should look solely to the factors impacting the child, sadly there are still biases that sometimes remain, but those can be defeated under the right set of circumstances.

3. How often will I see my child?
- In Jacksonville, we have 4th Judicial Circuit Time Sharing Guidelines, which sets up the minimum amount of visitation. Each circuit is different, but many have the same concepts in place. Basically, the guidelines set-up alternating weekends, one night per week for dinner, and alternating holidays. Summer timesharing is often switched.

Written By: Lenorae C. Atter, Family Law Attorney
latter@woodatter.com

1. In a divorce, who gets the home?
- The marital home is a marital asset and is subject to equitable distribution or the assets being divided equally. However, if there are minor children, then typically the party who has the majority of the time with the children will get the home until the children reach the age of 18. If there are no children, one party may force the sale and the proceeds be split equally.

2. What if nonmarital money was put into home?
- If one party put money down on the home that was nonmarital (obtained prior to the marriage ex. sale of prior home), then the nonmarital amount is credited to that party and the remaining equity is split 50/50.

3. Why do I have to pay alimony or spousal support?
- You create it, you support it. Now, there a number of factors that go into this determination of support: length of the marriage, marital history, educational backgrounds, work history, need, etc.

4. How much will I have to pay in alimony?
- Florida does not have an alimony calculator like some states. The Court and attorneys typically have a formula that is based on need, length of the marriage, ability for the party to provide for him/herself, educational background, work history, etc.

5. Do I have to pay alimony or spousal support if my ex moves in with someone?
- No. Cohabitation of a party receiving support is a statutory basis for terminating the spousal support. The ex does not have to remarry, you simply ask for the a modification or termination from the court based on the fact that your ex is receiving support from someone else in the form of a roommate.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Collaborative law is a relatively new area of practice in Jacksonville, Florida, that gives parties an opportunity to divorce or to settle another family law issue out of court in a private and respectful manner. The parties agree up front to forego a trial on the issues but each party has their own attorney to represent their interests in the dissolution. The parties may also employ mental health experts, financial planners and accountants depending on the issues involved in the case. The parties will have a series of short meetings with all professionals for each side present and will set goals and reach agreements in those meetings which are set at a mutually agreeable time instead of when the court sets the dates. The parties will have complete control of the process and most importantly, the outcome. The Court will only be used to finalize the agreement, if one is reached. Our firm is on the cutting edge of utilizing this area of practice in resolving family law cases in Jacksonville, Duval County, Florida and the surrounding counties. If you have a family law case or issue that needs resolution, please contact our firm to discuss all options for your case.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The older and more experienced I get, I have been researching articles on good health and good health practices, and surprisingly, I have found many articles that state that marriage is good for your health! Obviously divorce is quite stressful and the effects of stress on the body and your health is well documented as being so harmful on the body and on overall health. Studies have shown that those who are married give higher value to their health opposed to those who have never married. Those who have been married and have experienced a divorce or who are experiencing a divorce may report more documented illnesses and more documented health concerns. If you are experiencing a divorce and the stress related thereto, contact our firm to help ease your panic, fear and stress levels as we take on your case with compassion and expertise.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

There was an article in the New York Times that outlined the divorce rate in this country at the present time as compared to divorce rates in the 1950's. It appears that divorces are on the rise especially in this down economy. It appears that couples who married in the late 70's had a less than 50% chance of remaining married. Those couples who are celebrating 45th, 50th and 70th wedding anniversaries are practically becoming obsolete. One reason for the drop off in couples reaching these landmark anniversaries is that people are marrying later in life these days and one party may die before the couple is able to reach the 25th wedding anniversary mark. However, the recent trend has been that couples are separating after about 7 years of marriage and divorcing during the 8th year and not even seeing the 15 year anniversary mark. If you are experiencing marital unbliss and are contemplating a divorce, please contact our firm to guide you through the process with expertise.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Divorce affects everyone. From the parties to their extended family and even their friends. But divorce affects children differently from adults and children experience the pain of divorce differently at different ages. Here is a good article on what you can expect your child to experience emotionally during the divorce process. Jacksonville, Florida and the surrounding cities such as Fernandina, Orange Park, Green Cove Springs, St. Augustine and Palatka all have classes that are required when going through a divorce with children. The class is quite helpful in teaching the parties how to behave in front of their children to help the children cope with the dissolution process. If you are experiencing the break-up of a marriage and have questions, please call our firm for expert advice and help.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Recently I represented a woman in a divorce action in Jacksonville, Duval County, Florida, in a 13 year marriage. The woman did not work throughout the marriage but she did have a college degree and had worked prior to the marriage. She was a candidate for alimony but what type? Florida has basically 3 types of alimony that are permanent, rehabilitative and bridge the gap. Florida deems 13 years in a marriage a "gray area" marriage where the court COULD award permanent alimony depending on many other factors. Normally the duration of rehabilitative alimony is 3 to 5 years at the most and bridge the gap alimony is for bridging the gap between married life and single life. We were able to get our client an award of rehabilitative alimony for a duration of ten (10) years which is an excellent result for protecting our client's financial future post divorce. If you need help with a divorce or with protecting your financial future after divorce, please call our firm for expert advice and help.