Jacksonville Divorce Lawyer Blog

A second round of mediation brought Los Angeles Dodgers owners Frank and Jamie McCourt no closer to an agreement in their divorce, and no further talks are scheduled, according to a Los Angeles Times article.

With no settlement in sight, a judge has until Dec. 28 to rule on whether or not a 2004 agreement that makes Frank McCourt the sole owner of the MLB team is valid, or if it should be nullified, which would make the team community property.

The high profile trial was held last month to determine the ownership of the team, currently valued at more than $1 billion, as part of the McCourt’s divorce action. The 2004 agreement is in contention because the couple had drawn up a revised marital agreement in 2008 that would have made them joint owners in the team. However, Frank McCourt never signed the revised agreement.

Frank’s attorneys have notified the court that if the judge throws out the 2004 agreement, they plan to seek a second trial to argue that the team is his sole property because he purchased them through a company he established prior to the marriage.

Attorneys have estimated that if Frank prevails, Jamie’s share of their community property would add up to “only” $70 million.

One of the major reasons couples divorce is money, and it is usually because one spouse has better spending and saving habits than the other. If you want to protect your credit during a divorce, here are some tips:

Check your credit scores. As soon as possible, pull individual credit reports on both you and your spouse from Experian, Equifax or Transunion. Check to see if there are any debts you are unaware of or that have been neglected.

Close joint accounts. Do this prior to divorce proceedings, especially if you think a vindictive spouse may incur more debt in order to punish you. You are both responsible for joint account debts until the divorce is final.

Open individual accounts. Turn existing joint accounts into individual accounts so you will not have to re-establish your credit following a divorce.

Communicate with creditors. Let creditors know that a divorce is pending, and advise them in a timely fashion about any address change. If possible, include the settlement of joint debts in your divorce agreement so you can have a fresh start.

Pay bills on time. Do not skip a payment because you believe your soon-to-be ex is responsible for it. It will go on your credit report and adversely affect your rating.

The Insurance Information Institute has provided guidance on what to do with your insurance policies if you are headed for a separation or divorce:

Auto insurance – if there is a change in ownership of a vehicle, it will also be necessary to change who holds the insurance policy. You can protect yourself against liability by removing a former spouse from your policy in case he or she gets into an accident. If you have a multi-car discount, this will probably result in an increase in your auto insurance rate.

Homeowners insurance – the homeowner’s policy should be in the name of whoever stays in the home. You should also review the policy to ensure it covers the cost of rebuilding your home in case it is destroyed. If you are now living on a smaller income, you may want to raise your deductible amount so you have smaller payments. If you are moving out of the house and renting an apartment, you will need to get renters insurance to cover yourself for loss or damage.

Life insurance – if you already have a life insurance policy that names your spouse as primary beneficiary, you need to revisit it in light of your new circumstances. If you have to pay alimony, a life insurance policy is usually part of a divorce settlement, so that payments can continue even if you are no longer around to make them.

Disability insurance – if a person is supplying alimony or child support, consideration should be given to having a disability insurance policy to cover them in the event they can no longer work.

According to the latest media reports, Tiger Woods paid his ex-wife Elin $110 million in their recent scandal-plagued divorce. Allegedly, their prenup was for much less than this, but prenups are broken every day and for a number of different reasons.

The primary reason that prenuptial agreements are breached include:

• Coercion, duress, undue influence or bad intent
• Agreement was verbal, not written
• False or incomplete information
• Ineffective or absence of legal counsel
• Documents were not signed or witnessed properly
• Unconscionable provisions such as denial of child support
• Acute financial imbalance prior to or after the marriage

If a prenup is written unfairly so that it favors one party much more than the other, a judge may find it to be unenforceable simply on the grounds of unfairness.

The most common way that prenups are breached is because one of the parties failed to disclose a significant asset. Couples who are preparing a prenuptial agreement should include the following items:

• All sources of income
• Real estate, including timeshares
• Inheritances and gifts
• Bank accounts, including offshore
• Investment accounts
• Trusts
• Partnerships
• Businesses
• Life insurance policy benefits
• Retirement accounts

Divorce has declined over the past couple of years, due in large part to the recession and the adverse financial impact the bad economy has had on home value, prices and savings accounts. Couples who have found it hard to make ends meet for one household may find it virtually impossible to support two different homes. The ability to refinance a mortgage is also much more difficult, and selling a home in Florida’s dismal housing market is usually not a viable choice either.

So what is a couple that wants to divorce to do?

Financial experts suggest that planning ahead and being practical about financial divorce settlements is a must. Divorcing couples may need to either delay the divorce until the economy improves or agree to share in the losses that may be incurred with a financial settlement in a depressed economy.

If a couple is able to hold on to their assets until the economy improves, or split them in a way that will maintain their value, they should seek this type of solution. Cutting expenses to the bone will likely become a necessity for many couples seeking to divorce in a recession as well. Basically, financial experts agree that this may be a time to make decisions based on financial rather than emotional needs.

If you are planning to relocate and have primary custody of a minor child, there are certain provisions in the Florida Domestic Law statutes you must follow.

If you and your ex have agreed upon a relocation plan, you need to submit a written agreement to the court for ratification. The agreement will spell out the consent to the relocation and a revised time-sharing plan for the other parent.

If there is not an agreement with the other parent regarding relocation, you must draw up a Petitition to Relocate and send copies via certified mail to the other parent as well as to anyone else who is entitled to access or time-sharing with the child. The Petition should include:

• The new address and contact information
• The date of the planned move
• Specific and detailed reasons for the relocation. If it is for a job and a written job offer is available, that should be attached to the petition
• Your proposal for revised access and time-sharing with the other parent and interested parties

If the other parent objects to the relocation, that objection must be made in writing and filed with the court within 20 days of receiving the Petition to Relocate. If there is no objection filed, the court will allow the relocation without the necessity of a hearing.

For the first time, those without a college education are less likely to be married by the time they reach 30 than those with a college degree, according to the Pew Research Center.

Pew research shows that in 2008, 62 percent of 30-year-old college graduates had tied the knot, as compared with 60 percent of 30-year-olds who did not have a college degree. This reverses a century-old trend of college-educated adults who were less likely to be married by the time they hit 30 than those with no college education.

The Pew study showed that marriage rates for adults in their 20s have declined steadily since 1990 for both groups, but the decline has been steeper for those who did not attend college. And for the first time, the median age of first marriages is the same for both groups: 28. Since 1950, there has always been at least a two-year gap, with those college-educated adults marrying two to three years later than their less-educated counterparts.

The researchers said one explanation would be the decline in annual earnings of single men with only a high school diploma. Their annual earnings have dropped 12 percent, from $36,300 in 1990 to $32,000 in 2008. Annual earnings for college-educated single men rose five percent during the same time period, from $52,300 in 1990 to $55,000 in 2008.

If you are ready to end your marriage, contact our Jacksonville family law firm.

Divorce records have been used against political candidates by their opponents in Kentucky and Georgia as the election mud-slinging kicks into high gear just weeks before the election.

In Kentucky, Re. Lincoln Davis, who is seeking his fifth term in Congress, is running television commercials about the alleged violent behavior of his opponent, Dr. Scott DesJarlais, from his 10-year-old divorce case. The attorney for DesJarlais’ ex-wife alleged that the doctor “became violent and threatening, dry firing a gun outside the locked bedroom door” and “holding a gun in his mouth for three hours.” DeJarlais denied the incidents ever took place, saying the allegations “were never proven and are simply false.”

In Georgia, a judge will rule on Oct. 26 about whether or not the 2001 divorce records of Republican Austin Scott, who is running against Democratic incumbent Jim Marshall for the state’s 8th Congressional District seat, will be made public. A Democratic activist and blogger filed a motion to get the records unsealed amid rumors that Scott’s divorce files contain allegations of domestic violence and a restraining order.

Scott, who is vigorously opposing making the divorce records public, has said he will not discuss his 2001 divorce and alleges that the effort to get the records unsealed is a political dirty trick by his opponent, who is the incumbent in the Congressional race.

Miami Heat star Dwyane Wade’s contentious child custody battle with ex-wife Siohvaughn Wade is making headlines with accusations of child abuse, domestic violence and drug use being hashed out in a Chicago family law courtroom.

Wade is battling his ex for custody of their two sons, ages three and eight. She has accused him of drinking and using drugs, having sex with girlfriends in front of the children, keeping weapons in his home. He has accused her of physically assaulting him and refusing to let him visit his sons.

According to court records, the court appointed attorney for the Wade children has recommended that Dwayne Wade be given full custody of the children, and that his ex-wife should only be allowed visitation if she agrees to undergo “extensive therapy.”

The attorney, Lester Barclay, said that he believed the best interest of the children was to live with their father, saying, "He is the parent that could facilitate a loving and ongoing relationship between the children and both of their parents. I just think there's been too much interference with the relationship between dad and the children under mom's watch."

Wade was awarded physical possession of the boys last June because of continual visitation interference by his ex-wife. However, they are still reportedly living with their mother. Wade has missed a number of the Heat’s preseason games because of his child custody case in Chicago.

With so many Florida homeowners underwater on their mortgages, many divorcing couples that want to sell their house are wondering if it is even possible. Mortgage experts say that there are several things to consider when deciding what to do with the marital home in the event of a divorce:

Consider staying put. See if one of you can afford to stay in the home, at least until the housing market improves. If one of you can afford to stay, and you can refinance the mortgage in your name alone, be sure that the other spouse is removed from the deed as soon as the divorce is final.

Sell. If you have to sell, the good news is that Florida homes sales are on the rise, with an increasing influx of foreign buyers. Engage a real estate agent as quickly as possible to get your home on the market.

Short Sale. If you have been unable to sell the home and cannot afford your payments, talk to your lender about a short sale, where the lender agrees to sell the house for less than the mortgage. It is important for you to speak with an attorney to be sure the lender releases you from any obligation for loss on the home.

Avoid Foreclosure. You and your ex should not try to just walk away from your mortgage obligation. Talk to a foreclosure defense attorney first before taking action.

Bankruptcy. Filing for bankruptcy could be an option for divorcing couples that cannot afford their mortgage and cannot get approval for a short sale. Speak with a Florida bankruptcy attorney about how to proceed.

Today’s relationships are far different from the relationships of the 1930s and 1940s. Many young adults are bewildering their parents and grandparents by “dating” for years, some approaching the decade-long mark. For example, Prince William and Kate Middleton, both 28-years-old, have been dating for nine years. This is drastically different from the post-World War II era, where couples married in their early 20s; now, it’s 28 for men and 26 for women.

An article published by USA Today suggested reasons for the delay to the alter: (1) Sex before marriage is widespread; (2) Two-thirds of couples live together before marriage; (3) A greater pool of potential partners is still available; (4) Young adults worry about divorce – they know some relationships just do not last, they want to get it right; and (5) Society sends mix messages. On one hand popular movies and TV shows portray these ideal romances of finding your one true love and staying a lifetime together. On the other hand, is celebrity culture – couples getting married and divorced multiple times. Society’s mixed messages promote the idea that romantic connections are unstable.

Melissa Trapper Goldman, a 29-year-old documentary filmmaker who is also in a long-term relationship, agrees, stating you hear these pieces of advice: “You’ll just know the one,” which is just not useful. Goldman and her fiancé, Aubrey Clayton, 30, have been dating since January 2005 and got engaged just 5 months ago. During their relationship, Goldman and Clayton moved around the country, Clayton to California for graduate school and Goldman to Boston then Albuquerque. Goldman said it was important to go through these changes together – change after change, they stayed together. Experiencing these changes made Goldman feel secure about their relationship, it proved Clayton was someone she could go through a lot of changes with. Experts say this kind of thinking makes sense. To read more of this article see Young adults are not in a rush to for marriage.

Long-term couples have a tendency to move in together, co-sign on loans for each other, take on credit accounts and engage in other behavior as if they were married. If the long-term couple splits, problems can arise regarding how to divide the assets and liabilities incurred while they were together. Common-law marriage is a status which is legally recognized as marriage in some jurisdictions even though a legally recognized marriage ceremony was not performed or a civil marriage contract was not entered into. It is important to note that not all states recognize common-law marriage. Under Florida Statute 741.211 the Florida Legislature declares common-law marriages void. Contact a Florida Family Law Attorney to discuss your status and possible legal actions you may be able to pursue regarding cohabitation.

Social networking sites such as Facebook, MySpace and Twitter are becoming increasingly popular. However, one area of unexpected popularity is in the courtroom. An article published by USA Today discussed how sharing too much information on social networks has led to an overabundance of evidence in divorce cases. A survey revealed that 66% of lawyers cited Facebook indiscretions as the source of online evidence; MySpace followed with 15% and Twitter with 5%. The categories of evidence are expansive, from pictures of spouses cheating to a father forcing his son to de-friend mom, which would bolster mom’s alienation of affection claim against dad.

Some attorneys, without revealing the names of clients and violating the attorney-client privilege, gave examples of instances when social networks were cited as evidence:

1. While a husband was seeking primary custody of his children, husband also had a Match.com profile claiming his was single with no children.
2. Father seeks primary custody of his children, claiming the mother never attends the events of their children. Evidence was subpoenaed from the gaming site World of Warcraft, which revealed the mother on the site with her boyfriend at times when she was suppose to be out with her children. The same was revealed by Facebook’s Farmville.
3. A mother denies allegations of drug use in court but posts pictures of herself on Facebook partying and smoking marijuana.

Attorneys offered tips on how to ensure online personal lives do not end up in divorce court:

1. If you plan on claiming something in court, make sure there is nothing online that shows something to the contrary.
2. Be wary of who you confide in. A divorce can be very emotionally challenging and the desire to talk badly about your spouse is high. However, friends are likely to take sides during a couple’s divorce. The reality of it is, if you are going through a divorce that is the worst possible time to share your feelings online.
3. A picture is worth a thousand words. Do not post partying or sexually explicit photographs of yourself during a contentious divorce – the photos are great evidence.
4. Use your privacy settings.

To read more on this article see Social networks used as evidence in court.

Contact Wood, Atter & Wolf P.A. for legal representation in your divorce.

A man who is being called the “biggest deadbeat dad in America” was sentenced to 23-48 months in jail for failure to pay child support to the mother of two of his 23 children.

According to court records, the Michigan man was in debt for more than half a million dollars owed in back child support. Howard Veal, 44, has admitted to fathering 23 children by 14 different women. He is currently unemployed, and had been ordered to pay 10 to 100 percent of the $63,000 in back child support owed to Sherri Black, the mother of two of his children, to avoid charges. He told the court he was unable to pay because he could not find a job.

However, Kent County Judge Dennis Leiber called Veal “the poster child for irresponsibility” and sentenced him to more jail time than Michigan sentencing guidelines provided for, saying that Veal is “an insult to every responsible father who sacrifices to provide for their children.”

Veal reportedly has an additional 14 child support cases pending against him. In the past seven years, he has paid Black only $90 in child support for their two children, who are 11 and 16 years old.

Twenty years after her divorce – and 18 years after her ex-husband’s death – a Canadian woman has received a legal settlement for over $250,000 in a lawsuit stemming from her original divorce.

When Julie Ladner was divorced from Vancouver attorney Hugh Ladner in 1990, her ex-husband was ordered by the court to maintain a $400,000 life insurance policy to cover court-ordered spousal support of $2,340 per month for her lifetime. However, Hugh Ladner never obtained the insurance policy, and when he died from drowning in 1992, she was left without alimony.

Julie Ladner later sued her ex-husband’s estate for breach of contract, but was unable to recover the full amount because the estate was insolvent by the time she filed suit. She eventually received a $165,000 settlement from the estate.

Ladner then sued the law firm that handled her case, alleging that her attorney was negligent for failing to pursue an alternative trust claim that would have provided her with priority over other creditors for her husband’s estate.

A British Columbia Supreme Court Justice found that her divorce attorney was negligent, and she was awarded damages of over $250,000 for her negligence claim.

In a unanimous decision, the Florida Supreme Court overturned two lower court decisions and ruled that passive appreciation – the increase in a home’s value caused by inflation and market forces – is a marital asset in Florida, and is entitled to be shared by a divorced spouse who contributed to the mortgage or upkeep on the home during the marriage.

The case involved a Hillsborough County couple, Joseph and Katherine Kaaa, who divorced in 2007. In their divorce case, a judge denied Katherine an award for passive appreciation on a home she and her husband shared in Riverview. Her husband had purchased the home prior to their marriage for $36,000. During the marriage, Katherine had contributed to the mortgage payments and enhancements to the home, which was worth $225,000 at the time of their divorce.

The judge granted Katherine over $18,000 for her share of the enhancements to the home, but refused to award her passive appreciation. The Second District Court of Appeals in Lakeland upheld that judge’s decision.

However, the Florida Supreme Court ruled that passive appreciation is a marital asset, since the property appreciated during the time the funds used to maintain it belonged to both spouses, and that Katherine had made contributions to the home. The court returned the case to the lower court to determine how much Katherine should get according to the new guidelines outlined in the opinion.

Sociologists now believe that there has been a change in the associated link between living together and divorce, saying that while it used to be that living together before marriage increased the risk of divorce, this is apparently no longer the case.

According to Pamela Smock, a sociologist at the University of Michigan’s Population Studies Center, the previously strong link between “living in sin” and divorce has weakened over the past four decades. Part of the reason is the change in demographics of those who choose to live together before marriage. Thirty years ago, those who decided to live together were decidedly more nontraditional in their beliefs – a group that carries a higher risk for divorce. Today, over 65 percent of marriages are between couples that have lived together prior to getting married, and what was once uncommon is now a common experience.

In addition, the reason couples decide to move in together has changed. In the 1970s, couples were more motivated by “free love”. Today, couples are deciding to move in together more for economic necessity – especially as unemployment remains high. This, conversely, leads to fewer marriages, not more. Studies have shown that couples who move in together to save money often end up not getting married. Which means, of course, fewer divorces.

A Time article has pointed out yet another downside to the high profile divorce: becoming blog fodder. Take the example of Los Angeles Dodgers owners Frank and Jamie McCourt, who have been slugging it out in divorce court for almost a year. There is now a blog devoted entirely to their divorce.

Dubbed Dodger Divorce, the blog is written by Josh Fisher, a third year law student at the University of Minnesota who is also, not surprisingly, a Dodgers fan. However, what makes this blog different is that it does not spend so much time on celebrity-type salacious gossip but rather on the finer points concerning the intersection of matrimonial and business law.

This is because at the center of the McCourt’s divorce battle is the hotly contested ownership of the Los Angeles Dodgers. A post marital agreement between the couple had their personal assets – mostly their homes – in Jamie’s name and the business assets in Frank’s name. They had been in the process of revising that agreement to make the Dodgers jointly owned between the couple when things got rocky. A revised marital agreement with the shared ownership stipulation was drawn up but never signed by Frank.

Last month the business side of the McCourt divorce was played out in a Los Angeles Superior Court, and it’s now with the judge, who is expected to rule within a few months. It’s all documented at the Dodger Divorce blog.

Again, not surprisingly, the blog attracts more attorneys than celebrity worshippers and is a novel way for a young law student to go job hunting.

On Monday, June 25, the divorce of Sandra Bullock and Jesse James was finalized, confirms an Austin, Texas court clerk. The split was also confirmed by Bullock’s publicist. Bullock filed for divorce around the end of April 2010 after hearing reports of James’ infidelity. Details of the settlement were not revealed, however, Bullock’s initial filing cited “discord or conflict of personalities” as grounds for the divorce. It was only ten days after Bullock won an Academy Award that reports surfaced about James’ unfaithfulness; James was alleged to have had an affair while Bullock was filming her Oscar-winning film, The Blind Side.

After the reports of infidelity, Bullock canceled overseas appearances to promote The Blind Side and moved out the marital home she shared with James. James went into rehab, but did not state why he needed treatment. In the same month Bullock filed for divorce, she dropped another bombshell – Bullock had adopted a baby boy who she intended to raise as a single mother. To read more about this topic see Sandra Bullock and Jesse James’ divorce finalized.

Divorces can be complicated and extremely emotional matters that drastically affect the lives of both spouses. Many legal issues present themselves when martial lives are disturbed: If the couple was planning on adopting a child before the divorce, what happens to the adoption proceedings? Who will get the marital home? How will the couple’s assets and liabilities be divided? Does infidelity by one spouse matter to courts? If you reside within the state of Florida, contact a Florida Divorce Attorney to counsel you on these issues as well as others.

NASCAR Chairman Brian France is asking a Charlotte, NC state appeals court judge to seal the records in his ongoing divorce proceedings, according to a Charlotte Observer report.

France divorced his wife Megan for the second time in 2008, but the couple continues to battle in court over the terms of their agreement. Megan France has said that her ex-husband has not made the agreed-to settlement payments and is behind in his alimony payments. She has also accused him of harassment and of violating their original agreement regarding the care of their two children.

Brian France’s attorneys have petitioned the court to keep the records of the divorce proceedings closed to the public. He is currently chairman of NASCAR, a role he assumed from his late father Bill in 2003. His grandfather founded the motorsports empire in Daytona Beach, Florida, where NASCAR is based.

The Charlotte Observer has sued for the divorce documents to be unsealed, saying that France has no compelling interest that supersedes the public right to access the courtroom and the files. The newspaper brought suit after a Mecklenburg County judge, who is now retired, sealed the records of the 2008 divorce agreement that replaced a prenuptial agreement the couple had signed prior to their marriage.

The National Center for Marriage and Family Research has released reports on marriage and divorce, based on the latest Census Bureau American Community Survey. And, for the first time ever, individuals aged 25-34 who have never married now outnumber those who have married.

The research on first divorces in the U.S. in 2008 found:

• About half of all U.S. marriages end in divorce – a statistic that has been relatively stable for the past 20 years.
• Women in their first marriages had a 30 percent lower divorce rate than remarried women.
• In 2008 there were more first marriages than first divorces. The ratio of first marriages to first divorces was 1.74 nationally and 1.55 in Florida.
• African-American women had the highest rate of first divorce – more than twice the rate of Whites and Asians.
• The rate of first divorce was lowest among Asian-Americans.
• African-American women had the fewest marriages of all never-married women; Asian-Americans had the most marriages.
• States with the highest rate of first divorce are predominantly found in the South; those with the lowest rate of first divorce are in the Midwest.

Whether it’s your first or your fourth divorce, a caring Jacksonville divorce attorney can make you feel like more than a number.

A Newsweek report on the latest results from the Constructing the Family Surveys shows that for the first time, a majority of Americans (52 percent) support gay marriage and 68 percent believe that gays with children qualify as families.

Four universities launched the survey, which monitors Americans’ opinions on what constitutes a family, in 2003. At that time, about 41 percent of those surveyed said they supported gay marriage and 53 percent agreed that a couple of the same sex with children constituted a family. The latest findings are from the 2010 survey and are included in a new book entitled, Counted Out: Same-Sex Relations and Americans’ Definitions of Family.

Researchers say that a number of societal shifts have accelerated the rate of change in Americans’ opinions about gay marriage and family, including the fact that homosexuals – including several notable celebrities -- have become more open about their sexual orientation. In addition, gay couples, friends and families are more prevalent on TV and the ability for gays to marry in several states has contributed to an increased acceptance by Americans.

The research team also found that there has been a profound shift in what Americans consider to be the determinant of a person’s sexual orientation. More than 60 percent now say that homosexuality is either genetic or “God’s will.”

Our Jacksonville family law firm specializes in adoption, premarital agreements, divorce, child custody and support, divorce, separation and mediation.