Jacksonville Divorce Lawyer Blog

Actress and talk show host Rosie O’Donnell and her long-time partner Kelli Carpenter made headlines when they married in California during the short period in which that state allowed gay marriage. Rosie is now speaking out about the couple’s recent divorce. Ms. O’Donnell reports that the couple’s divorce was amicable and “drama free” because both she and Ms. Carpenter made an effort to maintain their friendship. Ms. O’Donnell believes that women in particular are able to split without hard feelings because women “always want what’s best for everyone involved.” She believes that the intense emotional connections women make with each other make it difficult for them to simply sever the connection when the relationship ends.

As a testament to the former couple’s patience and understanding during the divorce, it took the news media nearly a year to pick up the story and put it in the headlines. Ms. O’Donnell made her comments during an appearance on the Oprah Winfrey Show. She said the divorce occurred because she and Ms. Carpenter were drifting apart.

What happens when a gay couple is legally married in one state, moves to another state, and subsequently wants to get divorced in that state? The answer is that they will probably not be allowed to get divorced under the laws of a state that does not recognize same-sex marriages, such as Florida. This makes things difficult for gay married couples who fought so hard to get the right to marry and now find it very difficult to get a legal divorce. Most states have a residency requirement to get divorced under their state laws. If a same-sex married couple moves to a state that does not recognize their marriage and no longer has residency in the state in which they were legally married, they may have to move back for a period of time just to get divorced. If you have questions about Florida Family Laws regarding this topic call a Jacksonville Divorce Attorney.

Find out more about Rosie O’Donnell’s split from wife Kelli Carpenter at O'DONNELL: 'LESBIANS STAY CONNECTED AFTER DIVORCE'.

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

The median age for a first marriage in the United States is higher than it has ever been, at 27.1% for men and 25.3% for women. Hannah Seligson recently wrote a book that explores the unmarried relationships of people in their twenties and thirties; the book is called A Little Bit Married: How to Know When It’s Time to Walk Down the Aisle or Out the Door. In it, she looks at the new types of relationships young people are forming – many look just like marriage, but without the trip down the aisle. The author reports that twelve million Americans are cohabitating in “unmarried committed relationships.”

But even people who are “a little bit married” are taking some of the same steps that their more traditional peers take before tying the knot. Cohabitants frequently create what looks like a prenuptial agreement, spelling out what assets were brought into the home by whom, and who is entitled to what in the case of a split. Read more about this author’s theories on why young people are not getting married atWhy We’re Not Getting Married.

If you are considering moving in with someone, you should be aware of your legal rights. A Florida family law attorney can help you draw up an agreement that protects your assets in the case of a split. Please contact our Jacksonville, Florida area law firm for legal counsel.

In a move designed to help Haitian children orphaned in the devastating 2010 earthquake enter the US more easily for medical care and/or adoption, the US Government eased the requirements for their temporary entry to the US. Department of Homeland Security Secretary, Janet Napolitano, made the announcement, adding that the US is still committed to helping reunify families that have been torn apart by the disaster.

Under the plan, children with no surviving family may be eligible for adoption by US families and will be granted an expedited humanitarian parole. Humanitarian parole is an option that can be exercised by the Secretary of the Department of Homeland Security to allow otherwise inadmissible individuals to enter the country for urgent humanitarian or other emergency reasons.

The US State Department has confirmed that approximately three hundred American families had already stepped forward to adopt orphaned Haitian children before the earthquake; twenty four of the cases were close enough to completion that those children have already been brought to the US and given over to their new families. The other pending cases are being reviewed individually to see if the process can be expedited. Any family who was in the process of adopting a Haitian child and would like further information can email askci@state.gov for more information.Florida residents who are interested in adoption should contact a Florida family law attorney.

Before the earthquake, Haiti was home to nearly four hundred thousand orphans. Many of them are now homeless due to the destruction of some orphanages in the earthquake. The total number of orphans is expected to grow as the dead are identified. In the meantime, many children without parents have been granted admission to the Dominican Republic, where they will be allowed to stay until their status is determined.

Read more about Haiti’s orphans and the plans to help them get adopted atU.S. works to expedite adoptions of Haitian children.

If you are considering adopting a child from a foreign country, you will need the help of a family law attorney to help navigate the laws of the US and the foreign country where you plan to adopt. Please contact our Jacksonville, Florida area law firm for adoption legal counsel.

Linda and David Pfeiffer of New London, Connecticut already had an adopted son, Darius, and they were not looking to have another child. But when a family friend from Jacksonville, Florida became pregnant and did not believe she was able to care for the child herself, she asked if the Pfeiffers would raise her child. Linda and David agreed, and they adopted Reylani soon after she was born. As part of the process, they flew to Florida and met with an attorney and had the birth parents sign a termination of parental rights.

It was only two weeks later that Linda Pfeiffer received a text message from the child’s birth mother, saying that Reylani’s biological father might actually be a different man. That man filed a paternity suit in Jacksonville Circuit Court and had his paternity confirmed with a DNA test. According to Florida law, a father must assert his paternity by filing the Florida Putative Father Registry Claim of Paternity claim before the child is born. Normally, this man would have no case. However, the child’s biological father is in the Navy, and he is arguing that he should retain his rights under the Servicemembers Civil Relief Act, which allows service members certain legal protections when they are on active duty. According to the Pfeiffers, the biological father knew that the mother was pregnant and was not at sea during the pregnancy, meaning he had ample opportunity to file for paternity during the legal window. The birth mother and biological father have since married.

In March a judge awarded custody to the biological parents, and the Pfeiffers were required to hand her over to them. The couple has since turned the Pfeiffers away when they flew to Florida in hopes of seeing Reylani. The Pfeiffers have filed an appeal to a panel of three judges, and are awaiting final word on their case. If you have questions regarding your rights as a biological parent or an adoptive parent in Florida you should contact a Florida Family Law Attorney.

You can read more about this tug of war over a Florida infant at Legal twist wrenching family apart.

If you are considering adoption, you will need the help of an experienced family law attorney. Please contact our firm for expert legal counsel.

Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

Read more about what makes a good Karma divorce at The Good Karma Divorce.

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

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

Bristol Palin, the nineteen year old daughter of 2008 vice-presidential candidate Sarah Palin, went before a judge recently to ask that her child custody battle with former fiancé, Levi Johnston, be closed. She has filed for sole custody of her son, Tripp, saying that the child’s father is too immature to be a good parent. She argued that all of the media attention would be harmful to her son, and that our modern electronic communication systems would mean that he would be able to read stories about the battle once he is old enough.

For his part, Levi Johnston is asking for joint custody and has argued to keep the case public, saying that he fears the power Sarah Palin could have over the proceedings if they are kept secret. An Alaska judge ruled that Bristol Palin had no evidence that publicity would be harmful to the child, and that the records would remain open.

In Florida, the term joint custody is no longer used. The courts use parenting plans and time-sharing arrangements to govern the rights of parents to raise their children after a divorce. The new rules can be tricky. You should speak with a Jacksonville Divorce Attorney if you have questions regarding a divorce or custody issues. Walking into family court without an attorney is like performing surgery on yourself. It's not a good idea! You should consult with a professional who knows the laws and can protect your rights.

Read more about the Palin / Johnston custody battle at Tripp Palin custody battle to be heard in public, judge rules.

If you are involved in a custody battle, please contact our firm for expert, compassionate legal counsel.

The Florida Coalition Against Domestic Violence (FCADV) recently completed a project intended to ensure that the voices of domestic violence sufferers remain central to their work. The project was designed to capture the insight provided by survivors in order to improve the efficacy of the Battered Women’s Movement. FCADV is dedicated to giving a voice to survivors of domestic abuse, so that they can share their stories and pass on lessons they have learned.

For the project, FCADV advocates interviewed numerous abuse survivors and advocates across Florida, including Jacksonville divorce attorneys. They have published a report with the substance of what they learned. The report includes stories from 106 females and one male victim of domestic violence. The participants were fairly evenly mixed as far as the types of communities they lived in and their ages. The majority of respondents had children living in their homes. Only 18% of respondents were employed full time.

The project revealed that the two most pressing needs of survivors are for affordable housing and for a more sensitive justice system, including better educated and fairer judges, family law attorneys, law enforcement and prosecution. The next two most pressing concerns were for jobs and affordable childcare. To read the full report, visit Florida Coalition Against Domestic Violence; Survivor Listening Project Report.

If you are a victim of domestic violence, seek help immediately, and then contact contact our firm for compassionate legal counsel.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

Amy and Scott Kehoe were unable to have children of their own. So they went to great lengths to hand pick an egg donor, sperm donor, and surrogate for their future child. They then hired a Michigan IVF clinic to carry out the procedure. The couple paid for everything out of pocket. But a month after the surrogate gave birth to twins, Ethan and Bridget, the Kehoes were forced to turn the children back over to the surrogate mother, Laschell Baker, who changed her mind about turning over custody of the children when she found out that Ms. Kehoe was under treatment for a mental illness. Ms. Baker, who already has four children of her own with her husband Paul, said she couldn’t live the rest of her life worrying whether Ms. Kehoe’s illness would remain under control.

Surrogacy is largely unregulated, and is controlled mostly by fertility doctors. In some states, the parents must legally adopt the surrogate child, but it creates an interesting legal conundrum, as the parents must first create the baby, which is not genetically related to them, and then ask the courts to grant them custody after the child is born. In other states, the parents are allowed to place their own names on the birth certificate without any screening, if they obtain a pre-birth order allowing it.

If a dispute arises, the outcome varies widely from state to state. In Michigan, the state holds that surrogacy is contrary to public policy and that surrogacy contracts are not enforceable, which is how Ms. Baker so easily had the Kehoe’s guardianship rescinded. Find out more about this child custody case and others like it at Building a Baby, With Few Ground Rules.

The state of Florida regulates surrogacy, with different regulations depending on if the surrogacy is traditional or gestational. If you are considering having a child through surrogacy in Florida, you will need the services of an expert family law attorney. Please contact our firm for expert legal assistance.

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

If this is happening to you there are laws that protect you. You have a right to spend time with your child. Meet with a Jacksonville Divorce Attorney and discuss what can be done to protect your rights as a parent.

Read more about the plight of divorced fathers and their children at GUEST VIEWPOINT: After divorce, fathers too often excluded from parenting .

If you are considering divorce, please contact our firm for expert family law counsel.

Single Florida parents who have custody of their child or children and serve in the military face unique challenges when it comes time to deploy overseas. Sometimes doing your military duty can mean losing custody of your children. An organization exists called Father and Families which has worked hard to pass legislation in dozens of states that could protect military parents’ custody rights.

As an example, US Army Lieutenant Colonel Vanessa Benson temporarily turned over custody of her son to her ex-husband while she was on active duty in Afghanistan. She returned home to an email from her ex-husband stating that he was not going to return her son, as agreed. Benson spent $12,000 in legal bills to get her son back.

In Florida, HB 435 is a law that helps military parents like Ms. Benson, regain custody of their children. The law states that if a temporary child custody order is made as a result of a parent being deployed, the previous custody orders in effect before the deployment must be reinstated on the parent’s return.

Many military parents in Florida, including the Jacksonville area, have had to serve in war zones overseas only to return home to a fight to enforce the judgments that they worked so hard to attain in the first place. Single military members who have custody of their children should not try to navigate the murky legal waters of the Florida family law system without the help of an experienced family law attorney. If you are a military member involved in a custody battle, you will need an expert family law attorney on your side. Please contact our firm for a consultation.

Read more about the struggles of military parents to keep custody of their children after deployment at Law Fathers & Families Helped Create Leads to Victory for High-Profile Military Parent.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

Permanent periodic alimony: This is awarded if one of the parties requires indefinite support, and is generally awarded for longer marriages. The support usually lasts until the death of one of the parties or until the person receiving the support remarries or is living with someone who contributes financially to the relationship.

Rehabilitative alimony: This is requested if one of the spouses needs time to acquire new job skills or education. This type of alimony requires a specific plan.

Lump sum alimony: This is one large payment, which may be money, the marital home or other martial assets. The court will usually award this type of alimony if there is extreme hostility between the divorcing parties or if one of the parties is terminally ill.

Read the entire article at Florida Family Law: Alimony/Spousal Support.

If you have any questions about the type of alimony you may be entitled to in a divorce, please contact our firm for expert divorce law counsel.

Around fourteen million Brits use Facebook and other social networking sites to keep up with old friends or make new ones. A group of British divorce lawyers are claiming that social networking sites like Facebook are tempting people to cheat on their spouses – and the website has been cited in 20% of recent divorce cases. According to the attorneys, people are being caught having inappropriate sexual chats with people who are not their spouse, and in the electronic age it is just too easy for their spouse to catch them at it. Flirty emails and messages have been reported, as well as evidence of actual affairs.

In one case a woman discovered that her husband was planning to divorce her when she read his public status update on Facebook. In another case, a woman divorced her husband after learning he was carrying on a virtual affair with a woman he met on Second Life, a virtual world where people are able to reinvent themselves.

Some software companies are cashing in on the trend by developing applications that let suspicious spouses spy on their partner’s online activities. Read more about how social networking can ruin a marriage at Facebook fuelling divorce, research claims.

If you believe your partner is being unfaithful to you, please contact our firm for expert legal counsel.

Most people know that divorce is hard on the emotions and the finances, but not everyone is aware that it can negatively affect your health. Researchers from the University of Chicago and Johns Hopkins University have found that divorced people are 20% more likely to suffer from heart disease, diabetes, cancer and other chronic health conditions than those who are still married. The increase in disease may be attributed to stress; divorce is the second most stressful event a person can go through (the first is bereavement). Neglecting one’s health during the divorce may also be a culprit.

A recent article outlines some steps people can take to shore up their health during and after a divorce. Tips include reducing conflict, avoiding detrimental coping habits like drugs, alcohol and cigarettes, balancing work and home life, taking initiative to monitor your own health, taking charge of your finances, and reaching out to friends and family for support. They also recommend getting expert help from counselors and support groups. Read more tips on how to keep healthy during and after divorce at How divorce hurts your health.

If you are considering divorce, please contact our firm for expert family law counsel.

Ivana Trump, the sixty year old first ex-wife of Donald Trump, was in the first class section of a plane bound for Palm Beach, Florida, when the stress of her latest divorce pushed her over the edge. After asking to be moved to a different seat, Ms. Trump started screaming at a crying baby, swearing at the child and then berating other children on the flight with profanities. Since the flight had not yet left the ground, the flight crew decided to return to the terminal. She then reportedly started screaming and ran past attendants into the cockpit. The pilot told her to get out, but she sat down in a seat in the cockpit and refused to move.

Security was called to physically remove her from the plane, and she was promised another flight later in order to calm her down. Sources say that the incident was likely sparked by stress from her latest divorce. The former Ms. Trump is divorcing her thirty seven year old Italian husband of twenty months. Find out more about Ivana Trump’s airplane tantrum at Ivana Trump Kicked Off Plane….Divorce Stress?

Divorce can be very stressful. If you are feeling overwhelmed by your divorce, it is important to seek counseling to help you deal with your emotions. For legal help with your divorce, please contact our firm for expert divorce law counsel.