Jacksonville Divorce Lawyer Blog

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.

Evander Holyfield was once the world heavyweight boxing champion. Now he is involved in another type of battle; this one is to save his third marriage from heading toward divorce. After a series of public foibles, Holyfield and his third wife, Candi, are scheduled to appear on the Dr. Phil show to discuss their faltering marriage.

In a statement, the couple said that they admired Dr. Phil’s “heartfelt approach” in helping couples in trouble. Dr. Phil is a former psychologist made famous by appearances on the Oprah Winfrey show. Several years ago Dr. Phil was awarded his own television talk show where he helps people deal with difficult times in their lives.

The Holyfield’s are expected to open up about their less-than-perfect private life, including how Holyfield struck his wife recently. Critics accuse Holyfield and his wife of seeking attention rather than real healing, and point out that an abusive relationship and a troubled marriage cannot be saved in a one hour television show.

While not everyone agrees with Holyfield’s method of trying to save his marriage, long-term private couple’s counseling is a positive step that may help save some marriages from divorce. If your marriage is past saving, please contact our Jacksonville, Florida law firm for legal counsel.

Find out more about the Holyfield’s appearance on the Dr. Phil show at Hide behind the sofa: The Holyfields are coming clean.

Benny Hinn is a world famous televangelist and perhaps one of the best known “prosperity gospel” advocates on television. Prosperity Gospel leaders teach their followers that belief in God will be rewarded with material wealth. Hinn’s Pentecostal broadcasts are seen and heard by millions daily.

Recently his wife of thirty years, Suzanne Hinn, filed for divorce from her husband, citing irreconcilable differences. The court filing did not bring up finances, but Hinn’s ministry is believed to be a multi-million dollar operation. The couple reportedly own three homes in Southern California.

Hinn’s finances have already been under scrutiny by Iowa Republican Senator Charles Grassley of the Senate Banking Committee. Grassley is looking into whether or not Hinn and other wealthy televangelists have complied with non-profit tax rules. Hinn maintains that he is in complete compliance with IRS regulations and that eighty eight percent of the money he raises goes to church causes.

The Pentecostal community has suffered a number of public divorces and moral failings by its public leaders in recent years, and Hinn’s followers are likely to look for a meaningful, public explanation for the couple’s divorce. You can read more about the public divorce of Prosperity Gospel televangelist Benny Hinn at Wife of televangelist Benny Hinn files for divorce.

If you are divorcing your spouse, please contact our Jacksonville, Florida law firm for legal counsel.

Former Model and Dancing with the Stars contestant Heather Mills and musician Paul McCartney have failed to reach a settlement in their long and bitter divorce. That means the British celebrity couple will likely end up in a public courtroom battle before a judge. A source close to the couple reported that all attempts to settle have been exhausted and the couple will not meet again until their court hearing.

The main reason the two failed to reach a settlement is reported to be Ms. Mills’ reluctance to agree to a confidentiality clause that would prevent her from speaking publicly about her marriage to the former Beatle. Sources say that Ms. Mills would like to write a book about her marriage. She would also like to retain the right to defend herself against public attacks concerning her marriage and divorce.

Reportedly, McCartney offered Ms. Mills over $100 million if she would sign the confidentiality agreement. She countered by saying she would accept a $15 million lower settlement without signing the agreement.

If the divorce goes to court, the judge will make a settlement order, which may be appealed. The settlement is expected to be one of the largest in UK history. The two are being represented by the same divorce attorneys who handled the divorce of Princess Diana and Prince Charles over ten years ago. You can read more details of this celebrity divorce at Money can't buy McCartney silence.

If you are considering 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.

Henry Lisowski allegedly threatened his ex-wife with murder two years before she disappeared in March of 2008. After several months of searching for the woman, police received a letter from Lisowski saying that his wife had died and that he had thrown the body in a dumpster. Prosecutors maintain that the man killed his wife because she was taking him to court for child support. Defense attorneys claim that his wife died from falling down the stairs and Lisowski hid the body because he was afraid her death would look suspicious.

At the time of Ms. Lisowski’s disappearance, Lisowski had been ordered to pay $1000 a month in child support, and a hearing had been scheduled to determine if he had underreported his income in order to avoid paying more. It later turned out that he had underreported his income by over one hundred percent.

When questioned by police about his wife’s disappearance, Lisowski claimed that she was a drug addict and believed that the drug cartel had gotten to her. Lisowski had fresh scratch marks across his cheek when he was questioned. He also expressed no interest in taking the children into his home.

If Lisowski is convicted, he could face life in prison. See more details of the murder trial at Prosecutor: OB man killed estranged wife over child support dispute.

If you need a prenuptial agreement or are considering a divorce or separation, please contact our Jacksonville, Florida law firm for legal counsel.

During the final weeks of the popular dating reality show “The Bachelor”, the young pilot bachelor pays a visit with the ladies to their respective families. Gia, Allie, Tenley and Vienna are the "lucky" finalists this season, and Jake, the bachelor, dutifully travelled to Massachusetts, Oregon, Florida, and New York to meet the families of the women he is dating on the show.

One of the bachelorettes, Tenley, is a divorcee from Oregon. Part of the drama of the show is the idea that Tenley may not be fully over her recent divorce; something Jake will have to take into consideration when making his final choice. When visiting her family, it was clear that they were very protective of her and didn’t want to see her get hurt by another failed romantic relationship.

Contrary to popular belief there is such thing as successful dating after divorce. Public dating on a popular TV show may not be the way most women and men choose to begin dating again after a break up, but there is no question that getting back into the dating scene is a positive step toward healing.

Read the full article, which includes details of all the family visits and a surprise resignation, at The Bachelor's Final Four--Allie walks Away!

If you are thinking of filing for divorce or thinking of getting married, please contact our Jacksonville, Florida law firm for legal counsel.

If you pay attention to the media these days, you will no doubt be bombarded by messages that marriages in the US are not working out. News of celebrity divorces, reality shows designed to catch people cheating and websites promoting dating outside of marriage seem to be everywhere. The conventional wisdom is that half of all marriages end in divorce. That’s actually not true; sixty-five percent of first marriages make it ten years or more, and in recent years that number has jumped to eighty percent. The fact is that the divorce rate has actually been dropping for the last thirty years.

During the divorce boom of the 1970s, many longed for the “simpler times” of the 1950s. Currently the number of children of divorce has now dropped to near 1950 numbers, and the divorce rate is the lowest it has been since 1970. Experts point to the fact that the unexpected increase in women working outside the home combined with a proliferation of no-fault divorce laws helped bump the divorce rate to all time highs in the 1970s, but the population has adjusted to those societal changes. Also, couples are now waiting longer to get married, meaning they are more mature and realistic when making a lifetime commitment to another person. Read more about the dropping US divorce rate at U.S. divorce rates returning to idyllic 1950s levels.

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

AshleyMadison.com is an unusual dating site; they cater to married people looking to date outside of their relationships. The site usually draws around eight to ten thousand visitors a day, but a recent nationwide cold snap pushed the number of visitors up to twenty five thousand. That’s not terrible news for couples living in Florida – also known as the “sunshine state.”

According to company founder Noel Biderman, he was not surprised by the spike in visitors during the recent cold snap, saying that when people are trapped indoors they tend to explore the internet more. He reports that January is typically a strong month for sign-ups (perhaps coincidentally, January is also a strong month for divorce filings). The day after Valentine’s Day is also quite popular.

Biderman has come under intense criticism for condoning and even encouraging people to be unfaithful to their spouses. But Biderman defends his business, saying that his members are at least being honest about their marital status, unlike on other dating sites. He also believes that if infidelity were condoned, there would be fewer divorces. The “happily married” father of two says that he is not anti-marriage; he just believes that sexual monogamy destroys loving relationships.

Find out more about what days are the most popular on an infidelity website at Infidelity Web site popular in Lexington.

If your marriage is suffering due to the infidelity of your partner, please contact our Jacksonville, Florida area law firm for divorce legal counsel.

A new research study from Pennsylvania's Wharton School undertaken on behalf of the research group Council on Contemporary Families came out recently. The report indicates that those with a college education are more likely to be married, and to be happy in their marriages. According to the report, college educated women in particular were more likely to be married at the age of forty than their less educated counterparts, and were more likely to report that they were happy in their relationships.

Back in 1950, only seventy four percent of forty year old women had been married at some point, compared to ninety percent of women with only a high school diploma. As of 2008, the numbers had changed to eighty six percent and eighty eight percent, respectively. Additionally, the women with college degrees were much less likely to be divorced; by the age of forty, seventy six percent of college grads were still married, compared to only sixty three percent of high school graduates.

Read more about the new study that shows how college education correlates to happier marriages at College Linked to Marriage.

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

Dennis Hopper is reportedly dying of prostate cancer. But friends say that he is holding onto life until he can do just one more thing – divorce his wife. The star of Easy Rider and other Hollywood hits once lavished his wife, Victoria Duffy, with expensive gifts, including a ranch, artwork, and expensive clothing. But Hopper apparently feels that his wife is trying to get more from his estate than she is entitled to under the couple’s prenuptial agreement. A friend of Hopper reports that the star is angry at his wife’s greed, saying the more he gave her the more she wanted.

According to the prenuptial agreement, Ms. Duffy is entitled to a quarter of Hopper’s estate. Hopper reportedly filed for divorce to keep her from contesting his will, which leaves her the same amount as the prenuptial agreement, after he passes.

Ms. Duffy has not been present at Hopper’s bedside during his cancer treatment. He has surrounded himself with his children and his ex-wife, saying that he only wants to spend time with his family and close friends. Ms. Duffy has remained at the couple’s home during Hopper’s treatment. Hopper’s rep admitted that the couple has been having trouble and that Hopper wants peace and quiet in his hospital room. The couple has been married for over thirteen years and have a six year old daughter.

A source close to Ms. Duffy has charged that Hopper’s pain medication is impairing his judgment. Hopper’s associates have denied those claims. Read more about Dennis Hopper’s divorce at Dennis Hopper rushes to divorce wife as he lies on death bed.

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

In the past, a divorce generally meant that the two parties were completely split from each other, with only limited interaction if required by children or alimony. But the modern divorce is quite different. Women and men who don’t “keep in touch” after the divorce are in danger of being seen as unsophisticated and insecure. A new book called "Everything You Always Wanted to Know About Ex", by Heather Belle and Michelle Fiordaliso outlines the new rules of ended relationships.

The new paradigm of divorce is being fueled by changes in marriage itself. Couples generally wait longer to marry, meaning that they have already experienced multiple relationships and breakups, so they are able to handle them better than someone who married his or her high school sweetheart. Social networking, cell phones and email also make it easier to remain amicable without speaking face to face.

Therapists warn that it may seem healthy to remain in contact with an ex, but not to live in the past. Pining after your former partner can keep you from committing to a new relationship. If you find yourself thinking about your ex all the time, engaging in fights with them, or discouraging their new relationships, it is time to seek professional therapy. Read more about maintaining a modern relationship with your ex-spouse at The ex factor: Old flames in a new light.

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

A recent trend that has been sweeping the nation is the divorce party; women and men both throw these parties to symbolize a rite of passage back into being single. What is the etiquette of throwing a divorce party? The following tips will help you plan the perfect bash:

- Wait until the divorce is final
- Make sure your kids are out of the house
- Don’t schedule anything important for the next day
- Invite anyone who has stood by you through the divorce, including your divorce lawyer
- Avoid inviting anyone who might think less of you if they see you in “party mode”
- Consider inviting your ex-spouse, as long as you have divorced amicably
- Keep the mood light and happy and focused on the future; don’t dwell on the negative
- Plan to watch divorce themed movies like the First Wives Club, Le Divorce, War of the Roses, or Waiting to Exhale
- Consider a “burning of the marriage license” ceremony
- Don’t do anything you will regret, like bad-mouthing your ex, burning mementos that may be important to your children, or becoming too intoxicated

Although divorce is often times a necessary evil, a divorce party may be a way to put a positive spin on an otherwise negative situation. Many couples who have children together get divorced and remain good friends. This can help children deal with the negative side effects of a divorce more positively. While some people may see a divorce party as being distasteful, it is really just a way for the divorcee to come to terms with a difficult situation and move forward. There is no sense in dwelling on a past negative relationship. The divorce party helps a lot of people understand that divorce is a part of life and show them that they have the support of their friends in moving on.

Divorce is never easy. If you are considering a divorce you should speak with a Jacksonville Divorce Attorney to discuss your options. We understand you do not want a long contested divorce that costs you a ton of money. We always seek an amicable resolution first. Rest assured that we will make sure you understand your rights while helping you maintain your family integrity.

Read more interesting tips for throwing a divorce party you will never forget at Throwing a Divorce Party.

When an infant relative of Vanessa Alenier was seized by child welfare workers, Ms. Alenier took the child into her home. However, when she asked Florida for permission to adopt the boy, a question on the adoption forms gave her pause. It asked if she was gay. Not wanting to begin her parental journey with a lie, she reported to the state that she is indeed gay, even though she knew that Florida has a thirty three year old law banning gays from adopting.

Even as a Miami appeals court was seeking to determine the constitutionality of the ban, Miami-Dade Circuit Judge Maria Sampedro-Iglesia approved the adoption – the third such adoption by a gay couple to be approved in Florida in the last year and a half.

Sampedro-Iglesia wrote in her order that, "there is no rational connection between sexual orientation and what is or is not in the best interest of a child. The child is happy and thriving with [Alenier]. The only way to give this child permanency . . . is to allow him to be adopted [by her].” She also declared in her ruling that she believed the law to be unconstitutional.

The Florida Department of Children and Families administrators objected to the adoption, but have not yet decided whether or not they will appeal the judge’s decision.

Find out more about the state of gay adoption in Florida at 3d strike against gay adoption ban in Fla.

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

Oracle President Charles Phillips was involved with a woman named YaVaughnie Wilkins for eight and a half years during his marriage to his wife, Karen Phillips. Ms. Wilkins reports that she believed Phillips was separated and then divorced from his wife during their relationship, until she received an anonymous email tip telling her that Phillips was still married. She then decided to hire a private investigator, who confirmed that Phillips was indeed married. She then ended the relationship.

But in an unusual move, she presented Phillips with a 50th birthday present; enormous billboards of the couple plastered in Times Square, San Francisco and Atlanta. The billboards featured a large picture of the couple with their arms around each other, and direct viewers to a website documenting the couple’s eight year relationship in pictures. Ms. Wilkins claims that the billboards were a sincere gift, and not an act of revenge.

Phillips and his wife remain married and have a son together. See the billboards and read more details of the story at Outed by billboards, Oracle prez admits affair.

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