Jacksonville Divorce Lawyer Blog

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

If you divorce and were married for at least 10 years prior to the divorce, then you may be entitled to receive social security benefits equal to those of your spouse. You can qualify for this election at age 62, if you are divorced for at least two years from the person; not married at the time you reach that age; and your ex qualifies for social security benefits. If your ex is at retirement age and entitled to receive benefits, but has not done so yet, then you may still apply for the benefits. However, if you remarry and are still married by the time you reach social security age, then you cannot opt for your ex's benefit amount. By opting for the benefits of your ex-spouse, it does not impact what s/he may receive in social security benefits.
For more information, contact a family law attorney to understand if you qualify and how to qualify.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In a Florida divorce or paternity case establishing a parenting and time-sharing are vital in dealing with visitation issues. However, if you live out-of-state during the divorce or paternity case, then the time-sharing plan may depend on your situation. For example, if you are in a paternity case and just found out that you have a child, then a judge may not require the child to simply get on a plane for you to see your child. What may happen is that you transition into a time-sharing plan where the child eventually will visit you at your home. In the meantime, you may be required to come to Florida to establish a relationship with the child so that the time-sharing can then be scheduled at your own home. If you already have a relationship established with the children, then other factors will be how far you live; transportation abilities; school schedules; etc. The Judge will look at these factors to help establish the best time-sharing schedule for all parties, including the child.
If you are in Jacksonville, Florida, then you may be asked if you are interested in what were previously 4th Judicial Circuit Long Distance Guidelines. They basically separate out holidays, summer vacation and three day weekends so that the long distance visits are lucrative for the parent and child to share bonding time.

Continue reading " In Florida, What Visitation or Timesharing Should I Expect With My Children if I Live Out-of-State " »

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Club memberships can be a point of argument in a divorce. Often, couples who have membership to a private club are both covered under the same member policy. Typically, one membership will include both people in the couple, so dividing the membership can be difficult. What is important to consider when fighting over such memberships is whether you van afford the membership after the divorce. Memberships are not considered an asset, but can be calculated in determining alimony expectations or as a negotiation tool. Before fighting try to have an understanding of what you are fighting over, including whether the members are going to be your social group during and after the divorce, whether you can have your own membership established without your spouse, etc. If the membership is one that you can have without your spouse, then you want to establish whatever cost would be. However, if the membership is through your spouse's employer, then it most likely will stay with your spouse because it is nontransferable. Understand what you are asking for before fighting over it because it will save you time, money and frustration through the divorce.
If you have questions regarding your divorce, then you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a Jacksonville divorce lawyer, I am often asked how long a divorce will take. The time for a divorce is based on a number of factors including whether there issues involving children; marital assets; alimony; personal businesses; etc. In addition to the issues surrounding the divorce, the court also has a calendar that it uses in scheduling hearing dates and trials. No matter how quickly a divorce agreement can be reached, you are still at the mercy of the Judge's calendar to go for a final hearing.
If you and your spouse agree on things, then a consent agreement may be reached at the very beginning and the divorce can be done rather quickly. However, if there are fights along the way regarding all matter surrounding the divorce, then the process can take anywhere from 6 months to 6 years. Parties are required to attend mediation and with a divorce surrounding multiple issues like children; business divisions; division of other marital property; then the parties may agree to attend more than one mediation session to work through all of the issues instead of leaving the ultimate decision to the Judge. Hopefully, understanding the process will lead to a faster resolution to the divorce.
If you are going through a divorce, it is good to speak with a family law attorney about your rights and options so you understand what you are fighting for and over.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Summer visitation can be a challenge for those recently divorced or having gone through a paternity case. Any case involving children has to have a time-sharing plan, which establishes the visitation schedule for the children with each parent. Often, school holidays are divided up, including summer vacation. For those getting use to the plan, summer can be a little difficult to understand. First, it is important to refer to your time-sharing plan and calendar the time. If you live in Jacksonville, Florida or surrounding areas, then you may have what are considered guideline plans. This plan should give a start date for the parent that is meant to have the first half of summer with the children. When that parent is seeing the children the first half, the other parent would have alternating weekends. In essence, what happens is that the normal schedule is simply transferred to the other parent during that time. However, it is also important to see if you have both been given actual vacation time, which is often two weeks of uninterrupted time. Any of these dates and calendaring should be done with both parents so as to avoid confusion down the road.
If you have questions involving your time-sharing plan, you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Parental responsibility is a portion of any case involving children, including paternity and divorce actions a divorce lawyer in Jacksonville, many clients ask for full custody. What I first explain is that Florida now refers to visitation and custody as "time-sharing" and second, unless there is good reason (abuse, alcoholism, etc.) then the other parent has a right to have say in where the children go to school, what activities they participate on, if surgery is in the best interest of the children and all other aspects that go into parenting a child. Florida law refers to these decisions as parental responsibility and without good cause, that responsibility is going to be shared by both parents.
When one parent decides to avoid this division of responsibility and decides to make one-sided, big decisions, then the court may intervene. The parent left out of such decisions may file a Motion for Contempt against the other parent and ask the court to impose fines and other consequences on the offending parent.
If you are having such difficulties, then you may want to speak with a family law attorney to help you.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a Florida divorce lawyer, I have seen Social media's impact on marriages. Facebook, 2nd Life, dating sites, all making seeing what else is out there easy to locate in the confines of your office or home. Ease of dating makes ease of cheating even more realistic to couples. The impact can and has led to an increase in affairs and divorces are the result.
In Florida, divorce is based on whether a marriage is able to be saved and not on who is at fault foe the divorce. Equitable distribution is applied to both parties to divide assets equally. if one party can show that marital funds were used to create or continue an affair than certain assets may be divided unequally to pay back the no offending spouse. For example, if a spouse has been paying for websites to meet someone, then that money can be reimbursed to the no offending spouse through money or other assets.
To understand your rights and options you should speak with a divorce law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a Jacksonville, Florida lawyer working in family law I am often asked what a family law attorney does. Basically, family law consists of handling divorces, child support cases, paternity cases, visitation or time-sharing matters, adoptions and the like. A divorce lawyer is just a more specific way of saying the same thing as, "I handle family law cases." When hiring an attorney to handle your divorce case or related matters, then looking for a family law attorney versus a divorce attorney or lawyer may broaden the scope in your search and better fit your needs.
Family law or divorce lawyers are one in the same, so you are not doing anything wrong by hiring a family law attorney instead of a divorce attorney to handle your divorce case. It is no different than referring to a lawyer as an attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Retirement and pension accounts are often a source of of issue in a Florida divorce case. When divorcing, the law states that marital assets, including bank accounts, mutual accounts, pension and retirement accounts, must be equitably divided. However, each party can waive their right to the other's retirement or pension funds. When dividing pension and retirement accounts, the divide is not only based on the total in each account at the time of the parties' separation. The division is actually based on the amount contributed into the accounts during the marriage. So, if you work at your job for 20 years, then marry for 2, your spouse is only entitled to the amount contributed and earned during that two year period of time. However, if you have been married the entire time you've worked at that job, then the entire amount is divided equally.

When dividing accounts, it is important to understand and know what the marital value of the account is versus the total amount of the asset. To better understand your rights and options, it is a good idea to speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida divorce law allows for an equal division of marital assets when the evidence shows that the assets are, in fact, marital. For instance, if you get married, by a house together and then file divorce then the house is considered marital and you both are entitled to one-half the value or one-half the liability associated with that house. If there is a nonmarital property, meaning it was purchased before the marriage, then that is left with the person that entered the marriage with that property. However, if the property is transferred into both names during the marriage, then it can be considered marital property depending on the situation surrounding the divorce and property. See Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

Florida is also a no-fault state, which means that regardless of an affair, the court is required to equitably divide the property. The only time this is not true is when you can prove that marital property or money was used to help establish and maintain the relationship or other activity (i.e. gambling) outside of the marriage. Then division is still going to occur, but it may be a 40/60 division instead of equal.

Speak with a divorce lawyer before assuming that you are entitled to everything in a divorce because understanding the process will save you money in the long run.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida law holds that a short-term marriage is one that lasts for 7 or less years in accordance with Florida Statute 61.08(4). If a marriage is for less than seven (7) years, then the court may find that certain provisions of equitable distribution of assets do not apply, as in a recent Florida case Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

This latest case found that the husband had placed nonmarital property (property acquired prior to the marriage) in both his and the wife's name when he believed they were reconciling the marriage. The husband and wife were married for only two years at the time and soon after the property was jointly titled, the wife filed for divorce. The court found that in a short-term marriage, with the idea that the property was jointly titled under the auspice of the parties staying married, that the wife should not benefit from the newly made marital asset. Furthermore, the court in Grieco v. Grieco, 917 So.2d 1052 (Fla. 2nd DCA 2006) ruled that a short-term marriage should not result in a payday to one of the parties when applying equitable distribution terms to the divorce per Florida Statute 61.075.

If you have such a case, you should speak with a lawyer that handles divorce matters so that you can fully understand your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Domestic violence in marriage can be a major cause for divorce and knowing you are safe is key to the livelihood of you and your children. If you fear abuse or other harm from your spouse, you should apply for a domestic violence injunction with the court. In addition, in going through a divorce with someone that is violent, you should let your attorney know and the judge know that you are in fear for your safety in the presence of your spouse. If the judge is aware of the danger, then the judge can take the proper steps in insuring your safety while you are going through divorce hearings where you and your spouse are in the same room. The judge can have a bailiff sit-in on the proceedings to restrain the spouse if that spouse becomes violent.
A recent Florida case involved such issues and the wife, while attending a final hearing on the divorce, was severely injured by her husband during the court proceeding. The judge, and most likely the wife, at the time did not know of the husband's strong propensity towards violence and did not have a bailiff in the chambers. Luckily for the wife, the husband was restrained by her own attorney, but not before she suffered a broken nose.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Stepparent adoptions in Florida can be done in a relatively short amount time, if all parties are in agreement. Basically, if the biological parent is willing to sign a consent for termination of parental rights, then the adopting parent and primary parent can file a joint petition for the adoption of the child. Once the parental rights of the biological parent are terminated, an order can be entered by the court for the stepparent to be the adopted parent of the child. Basically, an adoption finds that the adopting parent has the ability to provide for the emotional and financial needs of the child and understands that the child is the responsibility of that parent regardless of the marital status. In addition, the child no longer has the right to inherit under the biological parent and therefore, inherits as a natural child of the adopting parent.
If you are interested in pursuing a stepparent adoption, you should speak with a lawyer about the process and the proper protocol.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Paternity establishment can be done by either admitting and swearing to the fact that the child is that of the father (the father must sign) or by submitting to DNA scientific testing. If the father is the one petitioning the court to establish his paternal rights, then he is stating to the court that he believes himself to be the father of the child; however, the mother may contest the establishment by requesting a paternity test be done. If the mother has filed the petition, then the alleged father may move the court to require the mother to provide the child for scientific testing so that the DNA test can be completed.
If a child is born out of wedlock, then the father's rights can only be established by the court and not by the signing of the birth certificate. Establishing parental rights also means providing for the child through child support payments and establishing a parenting and time-sharing plan for the benefit of the child to have a relationship with both parents. If the mother files a petition to establish paternity and only asks for child support, the father can still request time-sharing with the child by filing a counter-petition for the same. If you are going through a paternity issue, you should speak with a lawyer that handles family issues so that you can better understand your rights and options.

Paternity cases in Florida often require two actions to be taken, such as follows:
1. A Petition to Establish Paternity: Often filed by the mother against the father, so it only requests child support the majority of the time.
2. A Counter-Petition to Establish Paternity and a Time-Sharing/Parenting Plan. This is generally filed by the father to guarantee that he has visitation with the child, which is referred to as a time-sharing plan in Florida.
If you are trying to fight a paternity action, as the father, then you will also need to file a Motion for DNA testing so that the DNA test is completed before filing a counter-petition.
If you are dealing with a paternity case, it is good to speak with a lawyer that handles family law cases in Florida so that you can best understand the process and your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are served a divorce petition, you have twenty (20) days to file an answer with the court and provide a copy to the your spouse or the attorney for your spouse. An answer is a document that addressing each allegation or request in the petition and goes paragraph by paragraph. It is important to know that a petition often asks for more than the other party wants because if it is not requested in the petition, then it most likely will not be addressed. Also, you have the right to file a counter-petition along with your answer. A counter-petition basically lays out your own requests and allegations and your spouse has twenty (20) days to answer the counter-petition.

It is a good idea to file a counter-petition if your spouse has asked for the marital home and you want it, or if your spouse makes the majority of the money in the marriage, then you may want to request alimony. In addition, since Florida equally divides marital property, if your spouse used money in furtherance of an affair, then you would want an unequal distribution of assets to give you back the money used for that relationship. If you are served with divorce papers, you should speak with a family law attorney to better understand your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Stay at home parents going through a divorce often question how they will get through the divorce financially. In Florida, if you do not have money to hire a lawyer, but your spouse does, then you will need to file a Motion for Temporary Needs and a financial affidavit, to get attorney fees and costs associated with the divorce. Florida recognizes that if one spouse can get a lawyer, then the other spouse should be capable of the same regardless of their independent financial issues. The idea is that a party that has money should not win simply because that person holds the Benjamins.

If you are in the above situation, you should speak with a lawyer about your upcoming or pending divorce and find out what your rights and options are in the process.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in child support. Whether they come to me for a divorce, paternity action o modification of child support there is always concern for what should be budgeted.

Child support is based on factors of income, expenses paid for the child (daycare, health insurance, etc.), and time-sharing. Child support guidelines provide a calculation for how all of these factors are broken down and what the monthly obligation will be.

Once child support is calculated and ordered, it can still be modified of there are substantial changes of circumstance (i.e. Laid off from job). However, modifications should be petitioned immediately or else you will continue to be bound by the initial calculation and other consequences can occur, such as driver license suspension, jail time, etc.

Child support is not designed as a punishment to parents, but as simply providing support for the benefit of your child. When it seems like a high number consider that it is designed to provide the home, food, transportation, health needs , and other things for your child. In addition, it is designed to keep your child in the same lifestyle he would have if both parents lived in the same home.

When dealing with child support, issues it is a good idea to speak with a family law attorney to understand the process an your rights and options to be considered.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

In Florida, if alimony is a factor in a divorce, with children, then alimony must first be determined in order to properly calculate the child support. Child support is based on the income of both parties and alimony is considered income to one spouse and a reduction of income to the other parent.
First, alimony is based on factors of the length of the marriage; the contribution to the marriage; the lifestyle of the parties during the marriage; and the supporting spouse's ability to pay.

Once alimony is determined the other factor for child support would be the time-sharing plan of the parties. Once that is done, the income of the spouses are put into the child support guidelines along with the time-sharing plan and a number for child support can then be calculated.

If you are going through a divorce with alimony an child support as factors, you should speak with a divorce lawyer to fully understand the process along with your rights and options.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Florida child support is determined by the income of both parties. Florida has child support guidelines that provide a calculation to figure out what is owed to a parent.

Florida child support guidelines are based on the income of both parties, what their combined incomes are and what each parent's share is to that total. For example, if you both make $5,000 per month then you have equal shares to the combined total of $10,000 per month. Therefore, child support is based on the needs of the child and divides that need by 50% to the parent having time-sharing.

Florida child support guidelines also factor in the time-sharing split. The idea is that if you are both spending 50% of your time with the child and making equal money, then no child support should be owed because you are equally responsible for the needs of the child.

When determining child support there are a number of other factors put into the equation, such as: insurance costs for the child; daycare costs for the child; and other factors. To best understand the calculation you should speak with a family law attorney.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Alimony can be used to help finish or get an education after a divorce is final. In Florida, alimony can be used as a rehabilitative form of support to help the needing spouse get a degree or certification to make it easier to qualify for a job.

In a divorce, rehabilitative alimony does not stop alimony on a permanent basis or lump sum alimony. Types of alimony include rehabilitative alimony, which may be for a short period of time (how long it takes to finish a degree) and then alimony for a longer period may be awarded a well. For example, there may be alimony of $2,000 per month for 3 years for education rehabilitation, then decrease to $1,000 per month for permanent alimony. The idea is that you are giving more initially to allow time for the other spouse to get a job where less alimony will be necessary to keep the standard of living up.

If you are going through a divorce it is good to understand your rights and options. When going through a divorce, you should speak with a divorce lawyer to better understand the process and the law.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.

Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a divorce. Florida law has been quiet on a fair amount for alimony, but has provided guidelines for the length of alimony. So, how is alimony calculated in Florida?
First, the length of the marriage is a determining factor for how long a spouse can collect alimony. Florida law states that a marriage of 17 years and more qualifies for permanent alimony. Under that length of marriage there may be qualifying reasons for permanent. Other forms of alimony are as follows: bridge the gap; lump sum; and rehabilitative.

The remaining factors in calculating alimony in Florida are as follows: the lifestyle of the marriage; the contribution of the spouse to marriage (i.e. Giving up schooling); the ability of the other suppose to pay; personal factors (i.e. Health issues). These are all used to determine how much alimony should be paid to the needing party. These factors are considered by the Judge and can also be used to help both parties reach an agreement at mediation.

In a divorce action it is important to understand your rights and options in regards to alimony. To nest understand the process you should speak with an experienced divorce lawyer.