Jacksonville Divorce Lawyer Blog

When Jason Jackson was two years old, his mother’s boyfriend killed her, then shot Jason in the head before shooting himself. Jason survived the shooting, but it cost him his mobility on the right side of his body.

Jason’s grandfather, Duncan Jackson, took custody of his disabled grandchild, and has refused to let Jason’s disabilities get in the way of his education or self-confidence. So Jackson enrolled Jason in Jump Start Strings, a program offered by the Jacksonville Symphony Orchestra in conjunction with Communities in Schools. Jason has learned to play the violin, and built his self-esteem through a program that focuses on what he can do rather than what he can’t.

Grandparents are increasingly taking on the roll of primary caregiver for children across the country. Census figures reveal that 8 percent of children in the US – 5.7 million –are living with their grandparents rather than their parents. Unfortunately, grandparents are usually called on to step in when violence or crime takes a parent out of the picture, like in the case of Duncan and Jason Jackson. According to the Annie E. Casey Foundation, 1.5 million American children have at least one parent behind bars, and the number of women in prison has increased fifty seven percent between 1995 and 2005.

In Jason Jackson’s case, he is very lucky to have a loving grandparent to take custody of him, and take such an interest in his well-being. You can read more about Jason’s story at Grandparents often forced to become parents, again.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Espia Gatson is one of twenty one speakers who take part in the Jacksonville Faces of Homelessness Speakers Bureau. The bureau was formed to bring to personal stories of Jacksonville’s homeless to the school groups, Rotary lunches, and other events that are usually addressed by civic leaders and celebrities.

Gatson wears a suit and tie when he addresses audiences, like the forty second graders he addressed recently. He told the children about how, despite a previously successful career, his divorce in 2003 sent him into a financial and emotional downward spiral that left him living on the streets and in homeless shelters until just a month ago.

As part of his talk, Gatson asks the children to close their eyes; when they open them he is dressed in torn clothing and a battered hat. He asks the children if he is still the same man inside. They answer with an enthusiastic “yes.”

Gatson says that he participates in the program in order to keep other people from going down the same path he did. If he reaches only one person he will be satisfied. Divorce can be a difficult time both emotionally and financially. Seeking the help of an experienced divorce attorney as well as a qualified counselor or therapist can help head off some of the issues that can leave a person helpless and homeless after a divorce.

Read more about Espia Gatson and other speakers in the Jacksonville Faces of Homelessness Speakers Bureau at Speakers share stories about being homeless in Jacksonville.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Shaquille O’Neal and his wife Shaunie have reportedly finalized their divorce in a Florida family law court, and it will soon be finalized. Ms. O’Neal is speaking to reporters about the breakup of her marriage, and she doesn’t have anything nice to say about Miami, Florida.

According to Ms. O’Neal, the basketball “groupies” in Miami are much worse than those she was used to dealing with in LA. After Shaq got traded to the Miami Heat, Ms. O’Neal says it was hard to deal with the women in the stands, who were scantily clad and trying to meet her husband. She says she now realizes that she and O’Neal didn’t “have a strong enough foundation” to withstand the temptation and the alleged incidents of cheating that took place in Florida.

Ms. O’Neal was also accused of cheating on O’Neal with her personal trainer, a charge that she denies. She will be featured in an upcoming VH1 reality TV show that will follow the lives of the wives, girl-friends, and exes of NBA stars. Ms. O’Neal reports that now that the divorce is final, she and her soon to be ex husband are working on becoming friends again.

Read more about why Shaunie O’Neal blames Miami, Florida for her husband’s cheating and their recent divorce at Shaq's Soon-To-Be Ex-Wife Blames Miami for Divorce.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

According to Lt. Derrick Lewis of the Jacksonville, Florida Sherriff’s Office, a man named Rico McMillan was allegedly engaged in a domestic dispute with his girlfriend when he began battering her and threatening her with a gun in front of their three children. He later barricaded himself inside the home, which is on Pasco Street in downtown Jacksonville, just a few blocks from Jacksonville Municipal Stadium. He apparently allowed the woman and children to leave before he barricaded himself into the house; they were not inside when police arrived.

Just after midnight, the SWAT team arrived and became engaged in a standoff with McMillan. Eight hours later, the standoff finally ended and police were able to enter the house and arrest McMillan without incident, just as the Gate River Run was getting underway a few blocks away. He has been charged with a single count of aggravated battery.

People involved in a relationship can become very irrational when they are angry. All too often that anger can explode into violence. Even though no one was injured in this domestic violence incident, the possibility was certainly there for someone to get hurt or even killed.

If you are the victim of domestic abuse, you should seek help immediately, and then contact our Jacksonville, Florida divorce law firm.

Read more about this incident at Law & Disorder: SWAT team ends 8-hour standoff.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at temporary relief hearing. If either of the parties fail to provide the required information, the court may dismiss the case or not consider the requests of the non-compliant party. Both parties to the divorce or the court can change these requirements, except for the financial affidavit, which is mandatory if financial relief is sought in the case.

Couples may agree on all terms before or soon after the initial petition is filed, in which case they sign a written agreement which is presented to the court. In these uncontested cases, the divorce can be made final in just a few weeks. If the parties cannot agree, they may be required to seek mediation and may end up in a trial before a judge.

The more a couple can agree on, the easier the process is for them and for any children involved. Find out more about regular dissolution of marriage in Florida at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Arnold Rice Sharkey, a veteran officer of the Jacksonville police force, was arrested recently and charged with aggravated assault with a deadly weapon and domestic aggravated assault. Officer Sharkey allegedly used his Chevrolet as a weapon against his estranged wife, Victoria Sharkey, and her brother.

According to Ms. Sharkey, who filed for divorce in January of 2009, Sharkey visited her at her place of employment earlier in the afternoon that same day. He later drove by her office again just after five pm and then parked down the street from the entrance to the building.

When her brother picked her up from work at 5:30 pm, Sharkey allegedly attempted to block Ms. Sharkey and her brother from leaving with his car, then went around behind their vehicle and pursued them down New Berlin Road, bumping their vehicle from behind. After bumping the vehicle three times, Sharkey’s vehicle flipped over and landed in a ditch.

Sharkey was taken to Shands Jacksonville for treatment of his injuries, and was later taken to jail. Sharkey told police that he went to see his wife because of a custody dispute; he said that she was not allowing him to see their children, and he hoped to convince her to take him to see them.

Read more about this alleged incident of domestic violence over child visitation issues at Jacksonville officer charged in ramming vehicle in domestic incident.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Christopher Stokes and Richard Douglas snatched an eight year old child from his father’s arms and then called police to ask if they were acting in accordance with the law. Apparently, the child’s mother, Laporsha Davis, believed that her estranged husband and child were homeless and living on the streets, so she asked the two men to take the child away from him.

The two approached George J. Davis as he stepped out of a cab. They demanded that he hand over the child, and when he refused they grabbed the boy and drove off with him. Davis recognized one of the men as a friend of his wife’s. He called his brother, who then called 911. Davis told police that he had actually been on the phone with Ms. Davis when the abduction took place. She had told him that she was planning to take the child away because she believed that he was not taking proper care of him.

When police contacted Ms. Davis, she admitted to asking the men to take the child, but did not want to tell police where they had taken him or contact them to ask them to return him. An hour after the kidnapping, a 911 operator received an anonymous call from a man inquiring about Florida child custody law. He asked if a parent could give verbal consent to give up custody of a child or if "there was paperwork involved." The operator told him it was felony kidnapping and he hung up.

Police were able to track the cell phone the caller used to find the two men and the child. The men are facing felony charges of interfering with child custody. Find out more details of this child custody battle at Police: Men snatched child from dad at I-Drive motel.

If you are involved in a child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

What eHarmony is to dating and marriage, Facebook is becoming for divorce. According to a recent article on Florida divorces, Facebook provides Florida spouses with fertile ground for rekindling old flames and posting all sorts of self-incriminating evidence for the rest of the world to see. It also provides a public soapbox for couples to air their dirty laundry.

Once one partner posts something nasty, the other can’t help but respond and then a tiff turns into all out war. Experts predict that the public meltdown of marriage and relationships will only increase as the YouTube generation starts to marry – and divorce.

A survey by the American Academy of Matrimonial Lawyers showed that more than 80% of divorce attorneys have dealt with a divorce that involved Facebook. MySpace and Twitter were also mentioned. The social media phenomenon is actually helping divorce attorneys gather evidence for their clients. Now instead of hiring private investigators, they can simply log on and capture screen images of the other spouse’s social media accounts.

One Florida woman recently lost her hard-won broad custody of her child after posting suggestive photos of herself out drinking with the caption “Precursor to a DUI?”

Because Florida divorce cases are decided by a judge, scandalous photos are less likely to sway opinion than in a jury case. Also, Florida law is focused on moving forward, not dwelling on past mistakes, and encourages shared child custody. That still doesn’t stop feuding couples from gathering all the ammunition they can online and taking it to court. Read more about how social media sites like Facebook are affecting Florida divorces at Facebook plus divorce equals flammable situation.

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

Many married couples in Jacksonville, Florida and across the country own businesses together. But spending all day together working and then coming home to family responsibilities at night can either help a business and a relationship thrive, or destroy both.

Some Florida couples find it easier to agree not to take work home with them in the evening. Giuliano and Pamela Zaratin own a restaurant in Del Ray Beach. When they leave work in the evening they don’t talk about it until they return the next day. They also split their time at the restaurant so that they can share parenting responsibilities without relying too heavily on daycare.

Money is a big issue in a marriage, and that can be amplified when the couple is in business together. Experts advise that the more conservative partner be in charge of the finances. Keeping each other informed about the financial situation at home and at work is critical too.

Finding time alone together when running a small business can be especially challenging. The Zaratin’s say that communication and mutual support keep them going. They believe that the day they stop talking is the day they will draw up divorce papers. Read about more Florida couples who own businesses together at Couples in business together share ups and downs.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.

Financial dependence is not a good reason to stay in a loveless marriage. There are other options:

• Credit counseling can help couples or individuals set up a payment plan with a lower interest rate for consumer debt.
• Mortgage refinancing, if it is an option, can help lower both your debt obligation and your monthly payments.
• Short selling your home is another option for getting out from under an upside down home mortgage and starting with a clean slate.
• Bankruptcy, either chapter thirteen or chapter seven, may be an option that could save your home and clear your debt obligations.

If you are afraid to file for divorce simply for financial reasons, it may be best to discuss your options with a family law attorney. Get more tips and advice for handling your finances after divorce at SEEKING A DIVORCE AND FINANCIAL INDEPENDENCE IN A DOWN ECONOMY.

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

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

The actual divorce process is an emotionally trying time for the parties involved. Floridians often do not know their rights and responsibilities in a divorce. While court clerks and judges can answer some questions, they are prohibited by law from giving legal advice.

A Florida family law attorney can answer your legal questions and advise you on your rights, your children’s rights, your property rights, your responsibilities and even your tax liabilities during a divorce.

Before filing for a dissolution of marriage, it is prudent to make sure that you have tried as hard as you can to save your marriage. Professional marriage counselors can help you and your spouse work out your difficulties and make your marriage stronger than ever. Many Florida communities and religious organizations offer free or inexpensive counseling services to help save your marriage. Your lawyer can also recommend a qualified professional in your area. Find out more about this topic at Divorce In Florida.

If you are involved in a divorce or child custody negotiation, please contact our Jacksonville, Florida divorce law firm.

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 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.