Jacksonville Divorce Lawyer Blog

The Florida Department of Children & Families has decided that it will not appeal last month’s 3rd Circuit Court of Appeals decision overturning the state’s 30-year-old ban on gays and lesbians adopting children.

According to news reports, the only way the case would remain alive would be if the state’s Attorney General decided to appeal to the Florida Supreme Court to allow the gay adoption ban to continue. The decision to appeal must be made by October 21, and the Attorney General’s office has said that it is not sure how it will proceed, but will meet with DCF attorneys to discuss the case.

The case that resulted in the overturn of the gay adoption ban involved a gay foster parent, Martin Gill, who wished to adopt two boys who were placed in his care by the Department of Children & Families after they were removed from their home because of neglect. At the time, Florida law allowed gay men and lesbians to serve as foster parents and guardians.

Gill was not approved for adoption because of the ban. He sued, and the trial court ruled that the ban was unconstitutional. The DCF appealed the ruling and the appeals court concurred with the trial court that the ban was unconstitutional because it violated equal protection under the law.

A recent Reuters article focused on the use of financial advisers by divorce attorneys to help their clients discover hidden assets through the analysis of financial information.
Lili Vasileff, president of the Association of Divorce Financial Planners, gave the following tips for finding hidden assets:

Tax returns – examine the interest income schedules to ensure that all the accounts listed there are also listed on the net worth statement that divorcing spouses must fill out listing all their assets. You should also compare mortgage interest and real estate taxes listed on the return with the real estate listed on the net worth statement.

Loan applications – check loan and credit card applications to compare the assets listed.

Bank and brokerage accounts – check these for any large transfers or withdrawals, and track where the money went. If it went to a family member or close friend, it may be an attempt to hide cash.

W-2 – examine annual W-2 forms from previous years to be sure that a bonus is not being withheld for the asset calculation.

Business – if a spouse owns a business, it can make it easier to hide assets. Expenses can be inflated to reduce income. Investments in things like art can be written off as a business expense to reduce the income available to split.

Advisers are also cautioned to be wary if they uncover "hidden" assets too easily. One divorce attorney noted, "The best way to hide $1 million well is to hide a quarter of a million dollars badly."

The wild rants of celebrities like Mel Gibson and Alec Baldwin that were released to online sources and are now available to anyone may be tempting for spouses involved in a bitter divorce or custody dispute to emulate except for one big problem: it’s against the law.

Using a voice recorder to tape your ex’s rants as leverage or evidence in a divorce or child custody suit may be enticing, but it is also illegal and could do more harm than good to your own case.

In Florida, all parties must consent both to the recording and the disclosure of any wire, oral or electronic communication. If you record, disclose or try to disclose any of these types of communication, you could be charged with a felony, unless it is your first offense committed without any illegal purpose or commercial gain. In addition, the person you recorded without consent can sue you for damages.

If your spouse is harassing you or making derogatory comments about you routinely to your children, you can ask your divorce attorney to petition the court to allow both of you to record phone conversations, which can then be used as evidence in a child custody dispute.

Getting a divorce is bad enough emotionally without having to suffer unnecessarily when it comes to your finances. Here are some tips for making smart divorce financial decisions:

Count all your assets. In preparation for a divorce, you both will need to make an itemized list of all your assets. These should include both individual and joint assets, and cover what you have now as well as what you may expect in the future from inheritances, gifts, insurance policies, etc. Working with a financial professional like a certified divorce financial analyst can help you not only uncover all your assets but also project what you will likely need to live on in the future so you can negotiate for it in your divorce settlement.

Close joint accounts. First, be sure to check with your divorce attorney on when to close accounts so it doesn’t have an adverse impact on your case. If possible, divide the joint accounts equitably and open individual accounts.

Consider tax consequences. Consult with your CPA as soon as a divorce is imminent so you understand all the potential tax consequences to dividing IRAs, 401(k)s and other assets. Make sure you know what your tax liabilities are not only for now but for the future as well.

Protect future support payments. If you are awarded alimony and child support and your ex dies, those payments will stop. It is a common practice to negotiate for a life insurance policy on your ex as part of your divorce settlement, to ensure you will continue to get paid even if your ex is no longer around to make those payments.

Review beneficiary designations. Be sure that your ex is no longer listed as the primary beneficiary on any of your insurance, investment or retirement accounts. If your ex is a beneficiary of your parents’ will or trust, be sure they make those changes as well.

When parents divorce, children usually suffer to some degree. Good parents – those who truly want to put the welfare of their children first – often seek advice on how to successfully parent their way through a divorce.

Therapists who specialize in children of divorce agree that one of the most difficult things for divorcing parents to do is to encourage their children to maintain a great relationship with someone they no longer like. Here are some tips for making it easier:

Recognize that your child needs both a mother and a father to nurture them and be good role models if you want to help them grow up to be a fully functional adult.

Strive to look at your ex solely as a parent, and learn to appreciate what they bring to their children’s lives.

You do not need to have a future with your ex, but your children do. Encourage them to develop a good relationship with the other parent as you would any other healthy activity.
Make it easy for your ex to parent by keeping them up to date on school and extracurricular activities. Encourage their participation.

If you cannot be civil to each other, make it easy for your children not to witness your fights. If you have an argument each time you drop off the kids, make other arrangements with a friend or family member to help.

Work on forgiveness. If you need professional help to deal with your anger, get it. Your suffering impacts your children as well, so dealing with it productively will help them to do the same.

A survey among 1,900 UK residents who divorced after the age of 50 found that a lack of intimacy was the main reason for their split. What differed between men and women was how they defined intimacy – one-third of men say their marriage ended because their partner was no longer interested in sex, while 28 percent of the women surveyed said they divorced because their partners became emotionally cold.

The survey also found that 14 percent say that nagging was responsible for their divorce, and 10 percent said they no longer had anything in common with their partners. Five percent of those surveyed said they had waited until later in life to divorce because of their children.

Researchers said they believe that older couples divorce for different reasons than younger couples. Once their children have left home and they are nearing the age of retirement, intimacy becomes a more important attribute in their choice of partner for their later years. In addition, women begin to see more opportunities for themselves that may not have been there when they were first married or occupied with raising children.

Relationship experts said that couples over 50 need to work harder at rebuilding their relationships after the children have left home to minimize the risk of divorce.

Jacksonville has ranked #9 on a list of America’s Top 50 Divorce Capitals compiled by The Daily Beast, and another Florida city – Panama City – ranks #1.

The Daily Beast looked at 2009 divorce statistics, including the number of divorces and the percentage of the population in each city that was currently divorced. Four cities in Florida made the top 10 – Panama City, Deltona, Palm Bay and Jacksonville – and 11 Florida cities made the top 50.

Jacksonville’s divorced population stands at 13 percent, with 4.7 percent of the population obtaining a divorce in 2009. In Panama City, 15.5 percent of the population is divorced, and 4.3 percent got a divorce in 2009.

One Florida marriage counselor says that he believes that Florida’s lenient divorce laws and bad economy contribute to a higher rate of divorce in the state. Dr. Joel Prather told Panama City television station WJHG, “People come to the state of Florida for opportunity, for jobs or to get away from their past life. I have people come in frequently to see me who have moved here and are trying to fix their marriage and they think moving here for some reasons going to help."

However, he noted that the reality is that marital problems follow you wherever you go, so although troubled couples may move to Florida to “fix” the marriage, they often wind up ending it here instead.

If it looks like you could be involved in a child custody battle as part of your divorce, here are some things to consider that will help your divorce lawyer be able to present your story in the best light:

No Serious Dating. Obviously you are entitled to a social life, but engaging in an active dating life or having a significant other in the picture while undergoing a divorce is never a good idea. It is especially unwise to introduce your dates or significant other to your children. And you should be aware that if you plan to lavish gifts on your new paramour before your divorce is final, you will be spending marital funds and your ex will be entitled to reimbursement.

No Badmouthing the Other Parent. “Parental alienation” is a hot topic in family law cases around the country. Basically, parental alienation is when one parent attempts to negatively influence their children about the other parent. This is a big mistake – not just for the sake of the children, but because the courts frown heavily on this behavior.

Keep Lines of Communication Open. Set time aside each day for your child to be able to speak with the other parent, either by phone or computer. Do not hang around to eavesdrop on the conversation. This will show the court you are willing to help your child maintain a good relationship with the other parent.

Share Information About Your Child. Keep the other parent informed about medical or school issues and let them know when there are important activities they should attend to support your child.

In Florida, anyone who wants to divorce must have been a resident of the state for at least six months and wait for a period of 20 days before a final judgment can be entered. A roadmap of the Florida divorce process includes:

Gathering financial information. Pull together all recent tax returns, bank statements, retirement accounts and other important business documents. These will be used for making property division and support decisions.

Discussing property division. Try to hash this out with your spouse early on if possible. Even if you cannot come to an agreement, you will have a better understanding of what your spouse’s position is regarding the division of marital property.

Filing a petition for divorce. Even if the decision to divorce is mutual, only one spouse files a petition for divorce.

Do you have minor children? If so, then a temporary order of child support and child custody will be filed.

Proof of service. The spouse who filed for divorce files a statement that the other spouse has received the petition for divorce.

Response to the petition. This is filed by the other spouse, and can address a number of divorce-related issues including a dispute of the divorce, setting forth a defense against any of the statements in the original petition, child custody, child support, spousal support, and more.

Negotiation. Except in cases of abuse, it is usually best for both spouses if their divorce can be settled via mediation, arbitration or collaborative divorce.

Trial. If issues cannot be resolved through negotiation, then the case goes to trial.

Order of Dissolution. The Order of Dissolution details the court’s decisions regarding alimony, child support, child custody, visitation, property division, etc. A judge finalizes the divorce after both parties have agreed on the final order.

A Florida family law judge usually orders a custody evaluation when divorcing parents cannot agree on custody issues. This is a process whereby a professional – usually with a psychology or legal background -- evaluates the parents and children and make custody and visitation recommendations to the court.

In Jacksonville, most judges rely heavily on custody evaluations to determine who should get primary custody of the children. Therefore, it is important to prepare for a child custody evaluation properly.

A typical custody evaluation usually includes interview with the parents and children as well as other people in their lives – grandparents, nannies, teachers, etc. The evaluator will also observe how both parents interact with their children, and may order psychological testing as well.

Some tips for preparing for a custody evaluation:

• Treat the evaluation like a job interview. Dress appropriately, be on time, listen and react calmly and be respectful.
• Come prepared. Organize any documents that have been requested by the evaluator or that you feel are important. Make a list of your concerns so you can communicate them well.
• Answer questions directly and ask for clarification if there is a question you do not understand.
• Do not disparage the other parent.
• Help children understand the process, but do not coach them.
• Respond promptly for requests for more documentation or information.

The wife of former baseball star Roberto Alomar has filed for divorce in Tampa and accuses him of knowingly exposing her to the AIDS virus.

According to a Florida divorce court filing, Maripily Rivera Alomar says that Alomar had unprotected sex with her even though he knew he was HIV-positive, and lied to her about having tested negative for sexually transmitted diseases prior to their first sexual contact.

This is the second time Alomar has been accused of exposing a partner to HIV. He was sued by a former girlfriend last year who claimed that Alomar had AIDS but encouraged her to have unprotected sex with him. The case was settled in May. At the time of the suit, Maripily Rivera was his girlfriend and defended him vigorously, saying that the story of Alomar’s AIDS diagnosis was “a vile lie.”

Her Florida divorce filing says that after they were married in 2009, she discovered that he was HIV-positive. Her filing says she would not have married him if she had known he was HIV-positive.

The filing also notes that while Maripily has not yet been infected with HIV, “uncertainty still exists due to the delay in the onset of the virus.”

A joint study of long-lasting marriages by researchers at the University of Basel (Switzerland) and Indiana University has found that couples wed for an average of 40 years know less about each other’s preferences when it comes to food, design and entertainment than those who have been married for only a few years.

The researchers studied two sets of married couples – one aged 19-32 and another aged 62-78. They said that the findings -- that accuracy in predicting each other’s preferences decreases over the course of a long relationship – were unexpected.

“That wasn’t what we expected to find, but this evidence lends support to a hypothesis that accuracy in predicting each other’s preferences decreases over the course of a relationship despite greater time and opportunity to learn about each other’s likes and dislikes,” said Peter Todd, a psychologist at Indiana University and one of the authors of the study which will appear in the Journal of Consumer Psychology.

The researchers believe that the knowledge decline among older couples happens because they pay less attention to each other – mostly because they are comfortable in their relationships, view themselves as already fully committed or may assume they have nothing more to learn about each other.

If you would like to learn about obtaining a Florida divorce, contact our Jacksonville family law firm.

Many clients looking for a Florida divorce attorney equate being good with being mean. They want a shark, a bulldog, a nasty SOB who will take their husband to the cleaners or ensure the wife gets nothing.

But does that really work in the long run?

First, most divorce lawyers worth their salt will tell you that you want to do whatever you can to avoid an acrimonious divorce, especially if there are children involved. If you have children, you will be tied to your former spouse for as long as you both are living. You can avoid as much contact with the other person as possible, but they will never be totally out of your life. Do you want someone who hates you to be sharing that energy with you forever?

Being nasty also takes time and money. Fees for attorneys who send out complaint letters, file petitions, conduct depositions and other various legal maneuvers can really pile up over time. That in turn usually leads to the other party engaging in the same actions, requiring more reaction from your side. Is this something you can afford?

When entering a divorce action, you should give careful thought to your overall objective in going through this painful process. You should list your financial goals, your wishes for child custody and visitation rights, the dispensation of your property and other financial assets and communicate those wishes clearly to your Florida divorce attorney.

You can rightly expect your divorce lawyer to be aggressive in protecting your rights when necessary. But looking for a shark just for the purpose of inflicting pain may bite you in the long run.

While money issues continue to be a leading reason couples divorce, in these tough economic times, divorce rates are actually declining.

Simply put, many people say they just can’t afford to get divorced.

Like any legal proceeding, divorce takes planning. While it may be hard emotionally to delay a divorce action, it may actually provide you with the necessary time you need to fully prepare yourself and your family for divorce, both financially and emotionally.

Here are some tips for divorce planning:

Get your financial paperwork in order. Organize bills, bank statements, mortgage statements, investment portfolios, IRAs and other financial documents to get a true picture of your financial condition.

Budget for your divorce. Determine what you are currently spending and break it out into “essentials” and “nonessentials”. Then cut that it half to see what you are likely to need for living expenses once a divorce is finalized. You will then be able to see how much you need to save or make plans for increasing income or decreasing spending.

Reduce your debt. By reducing your credit card debt now, you’ll be in a better financial position once your divorce is final.

Save. Financial experts are currently recommending at least a nine-month “cushion” of savings to see you through any emergencies or reversals like job loss, etc.

Going through a divorce is one of the most traumatic events in anyone’s life, but foresight and planning – and consulting with a Jacksonville divorce attorney -- can ease the pain for all involved.

Like every other state, Florida family law courts prefer that both parents be involved in the lives of their children, so they are predisposed to liberal visitation – also known as time sharing – for the noncustodial parent.

However, there are some instances where the courts may not grant visitation at all, or impose supervised visitation. These include instances where a parent has:

• Been convicted of a drug crime or DUI
• Has been convicted of a sex crimes offense
• Has a history of domestic violence
• Has a history of abusing drugs or alcohol

While it is usually best for divorcing parents to work out an equitable time-sharing schedule with the assistance of their divorce attorneys, the courts do recognize that where criminal or abusive behavior is involved, this may not be possible.

If a parent has engaged in criminal, abusive or addictive behavior, he or she may be disqualified from visitation rights. In cases where divorcing parents cannot agree on time-sharing, the court will step in and impose a parenting plan that covers how much time the noncustodial parent will be allowed with the children and how he or she is allowed to communicate with the other parent. Violating any of the provisions of the time-sharing agreement may result in the filing of a contempt order.

If you’ve gone through a divorce in 2010, tax time will take on an entirely new meaning for you. You want to be sure you take all the deductions you’re entitled to (and that were set forth in your divorce decree, if dependent children were involved) and that you’re following all the rules.

If you were married or divorced recently, there are a couple of things you’ll want to do to ensure the name on your tax return matches the name registered with the Social Security Administration.

Here are tips from the IRS for recently married or divorced taxpayers. Following these steps will help avoid problems when you file your tax return:

If you took your spouse’s last name or if both spouses hyphenate their last names, you may run into complications if you don’t notify the Social Security Administration. When newlyweds file a tax return using their new last names, IRS computers can’t match the new name with their Social Security Number.


If you were recently divorced and changed back to your previous last name, you’ll also need to notify the SSA of this name change.


Informing the SSA of a name change is simple; you’ll just need to file a Form SS-5, Application for a Social Security Card at your local SSA office.
 Form SS-5 is available on SSA’s Web site at www.socialsecurity.gov, by calling 800-772-1213 or at local offices. It usually takes about two weeks to have the change verified.


If you adopted your spouse’s children after getting married, you’ll want to make sure the children have a Social Security number (SSN). Taxpayers must provide a SSN for each dependent claimed on a tax return.

For adopted children without SSNs, the parents can apply for an Adoption Taxpayer Identification Number – or ATIN – by filing Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions with the IRS. The ATIN is a temporary number used in place of a SSN on the tax return. The W-7A is available on IRS.gov, or by calling 800-TAX-FORM (800-829-3676).

For more 2010 tax tips, click here.

Before beginning – or replying to – any divorce action, people want to know how to find a good divorce lawyer. Rather than just hitting the Yellow Pages, you should consider asking friends or family members who’ve gone through a divorce to make recommendations, do some online research of divorce attorneys in your area and arrange to meet with several different divorce lawyers to see who would be the right fit for you and your circumstances.

As a general rule, you want to find a divorce lawyer who is:

A good listener – someone you can speak with frankly and confidentially and feel you can trust. Someone who returns your calls and keeps you up to date on your case.

A good problem-solver – someone who is willing to negotiate when it makes sense for you and who can structure a well-thought-out strategy for your case.

A good communicator – someone who keeps you informed every step of the way and encourages your involvement in your own case.

An experienced divorce attorney – someone who has a good track record in family law, who is respected by other attorneys and judges.

Divorce is a tough process – be sure you have the right partner going in, and you’ll fare better coming out.

Like most states, the awarding of alimony in Florida depends on a number of factors, including the length of the marriage, contribution to the marriage (both financial and non-financial), education level of both spouses, employability of both spouse, and more.

Florida has four different types of alimony: permanent, lump sum, rehabilitative and bridge the gap. Following are the likely scenarios for each:

Permanent or lump sum alimony. If a couple has been married for more than 17 years and one spouse has been the sole source of income during the marriage, it is likely that permanent alimony will be awarded to the non-working spouse. Florida courts recognize the contribution of maintaining a home and raising children by a non-working spouse, who will likely have difficulty re-entering the workforce after so many years of being absent. Judges will most likely award either permanent or a lump sum alimony in recognition of the contribution of the non-working spouse to a long-term marriage.

Rehabilitative alimony. If a couple has been married longer than 10 years and one spouse sacrificed an educational or employment opportunity to support the other spouse, then rehabilitative alimony may be awarded to help educate or train the supporting spouse so he or she can become self-supporting.

Bridge the gap alimony. If a couple has been married for less than 10 years, then bridge the gap alimony may be awarded to help a spouse move from married to single life. This type of alimony is for a set period of time, usually six months to a year.

If divorcing spouses have equal education and income levels, there will usually not be any alimony awarded to either spouse.

For those over the age of 50 going through a divorce – and those numbers are rising for this age group – healthcare is one of the largest concerns they have about moving forward. Many spouses who may have been covered under their soon-to-be ex’s company insurance plan may be worried that they will be left without health insurance after the divorce.

Here are some tips and information on healthcare coverage for divorcing couples:

Start shopping. If you will be responsible for your own healthcare coverage after the divorce, start shopping for coverage as soon as possible. There are many, many different options available and you should take the time to study and understand them before making a choice. You may also want to contact an independent insurance agent to do some of this legwork for you. Having someone who is knowledgeable about the industry and plan options to discuss deductibles and the kind of coverage you want can be comforting.

COBRA. If you have been covered under your spouse’s employer, you are eligible for up to three years of coverage if you agree to pay the premiums. This is often the best and least expensive option for newly divorced spouses. You will need to contact the plan administrator at least 60 days prior to the finalization of your divorce that you will need COBRA coverage.

You may also want to take advantage of tax-deductible Health Savings Accounts to cover medical expenses (not insurance) if you have a high deductible insurance policy.

When couples with children divorce in Florida, the court endeavors to establish child support so the well being of the children does not suffer just because they are no longer living in a two-income household.

In Florida, child support is calculated based on the incomes of both spouses and credits are given based on who is paying for childcare costs (the custodial parent) and health insurance.

Florida child support is based on both spouses’ monthly income and is paid monthly. It is designed to cover a portion of the children’s expenses, including housing, food, clothing, school supplies, etc., and to provide the children with the same standard of living they enjoyed prior to the divorce – or as closely as possible.

Florida child support calculations are based on the income of both spouses and their percentage of contribution to the overall household income. For example, if each spouse makes $40,000 per year, the total household income is $80,000 and each is contributing half, or 50 percent. If the child support calculation comes to $1,000 per month, then the noncustodial parent will pay half, or $500.

When the cost of childcare is factored in, the spouse paying child support receives a 75 percent credit for the money paid. So if childcare is $100 per month paid by the custodial spouse, that spouse would get a credit of $75. The same is true for insurance payments.

If you have questions about child support, contact a Jacksonville divorce attorney to assist you with making a valid calculation.

The sad reality in today’s economic environment is that divorcing spouses are increasingly more concerned about dividing debts rather than assets. Under Florida law, both assets and liabilities must be divided equitably – which does not necessarily mean that you will split them equally, but that the court will endeavor to split them fairly so that one spouse does not suffer more financial harm following the divorce.

During your marriage, if you have opened credit card accounts in both your names, or added your spouse to what was previously an individual account, then you are still both liable for the debt. In this case, the court will usually split the debt as equitably as possible – perhaps assigning different accounts to each spouse, as long as the total is fairly equal.

However, what most people do not realize is that a court order does not supersede the right of a creditor to pursue a judgment against both parties if the one responsible for paying the debt as the result of a divorce defaults. The fact is that both spouses are still liable for the debt. In the case where one spouse cannot pay, a creditor has the right to pursue the other spouse for the debt.

Usually, the only way to discharge the debt if you cannot pay is to file bankruptcy. But if only one spouse files, the creditor can still pursue the other for the debt. In that case, it may be financially prudent for both spouses to file bankruptcy in order to discharge all marital debt they are unable to pay.

If you have questions regarding marital debt, contact a Jacksonville divorce attorney.

The international adoption process is complex and fraught with hazards, as evidenced by even celebrities like Madonna who have all the legal and financial resources at her command, but nevertheless encountered a number of problems adopting her son from Malawi.

Couples who have grown increasingly frustrated with the adoption process in the U.S. often believe that it is much easier to adopt overseas, but this is not necessarily always the case. Each country has different laws governing adoption, and non-citizens seeking to adopt must strictly adhere to those laws.

Some countries have lengthy residency requirements, so it is best to do your research prior to choosing a country for a potential adoption. It is unlikely that many Americans would want to spend a year or more living overseas, especially in third world nations where the living standards are startlingly different.

Florida couples who adopt overseas needs to know that Florida courts will recognize those adoptions, but there is a process involved in making that happen. You will need to petition the court to recognize the final adoption order from the foreign entity so citizenship does not become an issue.

Before you adopt overseas, be sure to consult with a Florida family law attorney to ensure you meet all the state’s requirements and that there are no legal issues to hamper your adoption.

In 2007, Florida made it possible for men who discovered they were not the father of a child for whom they were paying child support to petition for the termination of that support and any other parental obligations through the Disestablishment of Paternity process.

The Disestablishment of Paternity statute spells out how this must be done, and one of the main factors is that there must be newly discovered evidence showing that the supporting father is not the biological father of the child.

After learning he is not the biological father, the alleged father cannot:

1. Marry the child’s mother after discovering he is likely not the father.
2. Volunteer to pay child support.
3. Claim paternity in a written sworn statement.
4. Agree to be named as the father on the child’s birth certificate.
5. Sign a written promise to be responsible for child support.
6. Refuse to take a DNA test.
7. Sign a voluntary acknowledgment of paternity.

These rules must be followed to be eligible to file a Disestablishment of Paternity petition. Men who meet these standards and wish to petition the court to disestablish paternity or end child support obligations should consult with a Jacksonville family law attorney to learn more about the procedures for filing a petition.

Putting it simply, a divorce dissolves the bond of marriage and an annulment is as if the marriage never happened.

The state of Florida recognizes annulments, but they are governed not by state law, but by case law. Annulments are exceedingly rare, especially these days – they are most common for religious reasons.

In Florida, there are two ways to be granted an annulment. You must show that the marriage was either void (one of the spouses was married to someone else) or voidable, which is the more common scenario.

To prove a voidable marriage, you must prove to the court that your marriage is invalid for one of these reasons:

Fraud or deceit – someone lied about something important, like their identity, and the other partner married them based upon that lie.

Duress and undue influence – someone was coerced into marriage by threat or coercion.

Consanguinity – marrying a close blood relation.

Impotence – the inability to have children that was not revealed until after the marriage.

If the marriage was consummated by having sexual relations after learning it was voidable, then an annulment claiming a voidable marriage is not possible.

Because annulments are rare and not governed by Florida law, they usually require more work than a divorce. You should consult with a Florida family law attorney to determine if your marriage qualifies for an annulment, or if you must pursue a divorce instead.

If you are currently undergoing or even contemplating a Florida divorce and you have children, you may have found the terminology used to define Florida child custody law confusing. To clarify:

Florida courts prefer that both parents have as much input into the raising of their children as possible, which is why they typically require that parents have what is known as shared or joint parental responsibility. This is not the same as joint custody. Typically, Florida courts do not favor joint custody because of the disruption it brings to the lives of children – two different homes, perhaps different schools and different sets of friends.

Florida has found that the more workable arrangement is shared or joint parental responsibility, where both parents retain their full rights and responsibilities when it comes to parenting their children. This means that parents must communicate well with each other and share decision-making responsibilities when it comes to major decisions – medical, religious, education, etc. If the court finds that parents cannot work together on making those decisions, it may assign a specific responsibility to one parent.

One parent is usually granted primary residential care of the child, which means their home is the child’s primary residence and they are considered the custodial parent. The other parent is the noncustodial parent. However, this does not change the status of both parents as equals when it comes to parental rights and the responsibilities for the child.

In today’s society, pets are often considered members of the family, almost like children – and like children of divorce, they are increasingly becoming involved in custody disputes.

Currently, under the law, pets are considered property. However, the California-based Animal Legal Defense Fund wants to change that. On its Animal Bill of Rights petition to the U.S. Congress, it promotes the need for federal legislation to protect animal rights, including in court:

Petition to the United States Congress

I, the undersigned American citizen, believe that animals, like all sentient beings, are entitled to basic legal rights in our society. Deprived of legal protection, animals are defenseless against exploitation and abuse by humans. As no such rights now exist, I urge you to pass legislation in support of the following basic rights for animals:

The Right of animals to be free from exploitation, cruelty, neglect, and abuse.

The Right of laboratory animals not to be used in cruel or unnecessary experiments.

The Right of farm animals to an environment that satisfies their basic physical and psychological needs.

The Right of companion animals to a healthy diet, protective shelter, and adequate medical care.

The Right of wildlife to a natural habitat, ecologically sufficient to a normal existence and self-sustaining species population.

The Right of animals to have their interests represented in court and safeguarded by the law of the land.

Even though pets are still classified legally as property in Florida, many courts are beginning to find that pets should be treated differently than other marital property and rulings on custody should be based on what is best for the animal.

If you’re a Florida resident who is seeking a divorce, there are some important questions you should be asking the divorce lawyers you interview. Yes, interview. You should interview Florida divorce attorneys to determine who would best represent you – someone who will handle your case like you want it handled and can get you a fair settlement at a fair price.

These questions should help you learn about whom you are hiring:

1. How many divorce cases does your firm handle each year?
2. How many of those cases go to trial?
3. How many of those cases center on (whatever your biggest issue is – custody, alimony, etc.)?
4. Who will be working on my case, specifically? What are their billing rates?
5. What is the experience level of the people assisting you with my case?
6. Who do I call when I have questions?
7. How do you keep me informed about developments in my case?
8. Will you personally be handling court appearances?
9. What is your hourly rate and is it the same for court appearances and trial work?
10. Exactly how and what do you bill for? Can we collect your fees from my spouse?
11. What hours are you in the office? Do you have any big trials coming up?
12. How much input will I have in determining the strategy for my case?

The Florida divorce lawyer you choose should have no difficulty answering these and any other reasonable question you may have about your case.