Jacksonville Divorce Lawyer Blog

Should a party hide assets from his or her spouse to gain an edge during a Florida divorce proceeding? The simple answer is "No". Florida law requires that each spouse fully disclose assets and income so that the Florida Family Law Judge can effectuate a fair and just ruling based on the facts and evidence. If a party withholds information and these actions are later discovered by the other party or the Judge, agreements and Judgments can be overturned and there can be significant negative consequences to the party who withheld information and / or attempted to hide assets from the consideration of the other party and / or the Judge.

Under Florida Family Law Rule 12.285, each party must completely disclose his / her financial background to the other. Through a Florida divorce proceeding, assets and debts are divided into two separate categories: Marital and Non-Marital. Through an Agreement by the parties and / or an Order by the Florida Family Law Judge, the assets and liabilities are then divided or apportioned to each party based on a variety of factors including the length of the marriage, lifestyle during the marriage, income generation by each spouse, needs of each spouse, needs of the children and other factors.

Continue reading " Should I Hide My Assets From My Spouse During a Florida Divorce ? " »

During a Florida divorce proceeding, a spouse can get alimony on the same basis that he or she would be awarded at Final Hearing except the alimony award is only for the period of litigation. Temporary alimony in Florida is governed by Florida Statute 61.071. At the final hearing or trial, if you do not meet the criteria for alimony, the temporary alimony would end with the entry of the Final Judgment of Dissolution of Marriage.

Temporary alimony is ordered in many cases to maintain the living standards of the spouse in a manner she/he was living before the filing of the action. Some of the same standards for determining alimony are the same. What are your needs? What is his/her ability to pay alimony ?

Continue reading " Can I Get Alimony During While A Florida Divorce Proceeding Is Pending? ? " »

A Florida premarital agreement is a contract between two parties who plan on getting married. While a premarital agreement is not the most romantic act or gesture between two people getting married, it does help prevent a good bit of acrimony and dispute should the parties separate and get divorced in the future. A Florida premarital agreement defines how issues will be resolved in the unfortunate event of a Florida divorce.

In Florida, there is even a law governing how you create such an agreement. Florida Statute 61.079.

A premarital agreement in Florida helps to resolve issues like what are marital assets and liabilities (debt), alimony, child support, and other expected issues. The validity and enforceability of the agreement can be affected if there is a lack of full financial disclosure or if there is fraud prior to the execution of the Florida premarital agreement.

Some parties draft their own premarital agreement. While this may save some money on attorney fees, it can be quite expensive in the long run if there is a separation or divorce in the future. A clearly drafted premarital agreement can help the parties avoid litigation and a big court fight in the future. An experienced Florida family law attorney should draft the premarital agreement and make sure that all necessary provisions are included in the agreement.

Continue reading " What is a Premarital Agreement in Florida ? " »

In many Florida marriages, one spouse controls or has all the finances and the other spouse cannot access funds or resources to pay an attorney a retainer to hire the attorney.This not only happens in affluent areas, like Ponte Vedra Beach and upscale neighborhoods in Jacksonville, but in all communities.

If one spouse has the greater ability to pay a Florida divorce lawyer, the judge can order that spouse to pay your lawyer attorney fees and costs in advanced. A Florida divorce attorney has the discretion whether or not to accept representation on a case. While most attorneys will want a retainer paid up front, some Florida divorce attorneys will take on a case and seek attorney fees from the more affluent and higher earning spouse.

Florida Statute 61.071 provides as follows:
"Alimony pendente lite; suit money.—In every proceeding for dissolution of the marriage, a party may claim alimony and suit money in the petition or by motion, and if the petition is well founded, the court shall allow a reasonable sum therefor. If a party in any proceeding for dissolution of marriage claims alimony or suit money in his or her answer or by motion, and the answer or motion is well founded, the court shall allow a reasonable sum therefor."

This Florida divorce law is designed to provide an even playing field for the spouse to have competent representation during a Florida divorce and that one spouse should not take advantage over the other because of money.

Continue reading " What If My Spouse Controls All The Money And I Need An Attorney For Divorce In Florida? " »

In Florida, it is quite common these days for a home to be underwater or for the mortgage to exceed the value of the home. Even homes purchased 5 years ago are underwater. In a Florida divorce, the starting point for a Judge is to divide the assets and liabilities equally between the parties. When a home has no equity in it since the mortgage exceeds the value, there really is no asset of value that is part of the divorce; however, there is still the issues surrounding the mortgage, payment of the mortgage, use and possession of the marital home, and other issues that come into play in a Florida divorce.

A Florida divorce Judge can order that the home be listed on the real estate market and sold. A Florida judge also has the ability to award the marital home to one party and to effectuate orders as to the payment of the mortgage and other home related expenses.

Some homes end up in foreclosure while others turn into a short sale. The rulings of the Florida divorce judge are not necessarily binding on the mortgage companies and banks. In other words, if both husband and wife are liability under the note / mortgage, the Florida divorce judge cannot remove either husband or wife as a debtor to the bank or mortgage company.

The Florida divorce judge can have one spouse responsible to the other for these deficiencies but the bank will still has the ability and right to pursue either or both parties (husband and wife) for the debt / mortgage. Another way to rid yourselves of the house would be to try and negotiate a quitclaim deed back to the bank to bypass a foreclosure lawsuit if the bank would waive any further actions against you. A Florida divorce lawyer and / or Florida foreclosure defense lawyer can provide you with legal advice and representation in these situations.

If push comes to shove and you qualify, a Chapter 7 bankruptcy will allow you to surrender the house. Both spouses have to agree or again, the remaining spouse may still be liable.

As you can see, there are a myriad of issues when there is a Florida divorce and a marital home that is underwater. Before signing any documents or forming any agreements, it is advisable to discuss the situation with a Florida divorce lawyer, Florida foreclosure defense lawyer, and / or a Florida bankruptcy lawyer.

Continue reading " What happens to a house in Florida divorce when it is underwater (i.e. the mortgage exceeds the value of the home)? " »

In this bad economic time, the husband and wife going through a divorce worry about how the marital debt gets split up (credit cards, medical bills, mortgages, etc.).

Florida Statute 61.075 gives your judge a basic guideline as to how marital debt should be divided. The Florida divorce judge has to balance the husband and wife's ability to pay, what type of assets they own, and what kind of debts exist. The Florida divorce judge has descretion as to how to divide up assets and assign liabilities to the husband and wife. As a starting point, the Florida divorce judge will split the assets and liabilities equally. This is just a starting point. The Judge will then consider the income of each party, earning ability of each party, education of each party, lifestyle of the parties during the marriage, and many other factors. If there is a disparity between the income of the husband and the income of the wife, there is a good probability that the division of assets and liabilities will not be split equally.

Generally, when it comes to secured debts like the house and mortgage or the car and its loan, whomever gets the property is responsible for the continuing payments. Of course, that is subject to other considerations like money available to each party or alimony awards. Again, the Florida Judge will consider various economic factors of the marriage and each party as well as the future earning ability of each party.

Continue reading " How Does The Marital Debt Get Divided Between Husband and Wife in a Florida Divorce ? " »

In Florida, marital assets divided in a divorce according to Florida Statute 61.075

How does one figure out who owns what of the marital assets? The first thing a Florida Family Law judge must do is determine what are actually marital assets. Basically, things and money acquired during the course of the marriage are assets to both the husband and wife. This includes either party's work salary or income.

If the house was bought during the course of the marriage, it is marital property regardless whose name is on the title. There are many variations and exceptions to this rule. For example, if one person used non-marital money for the downpayment, he or she may be entitled to an offset for reimbursement in divorce.

There are many factors that apply to the Florida Statute and it can be very complicated to figure out.

Continue reading " How are assets and money divided in a divorce in Florida ? " »

Pursuant Florida Statute 61.021, one person of the marriage has to live in Florida for at least 6 months prior to filing for a divorce/dissolution of marriage.

There may be other considerations when discussing this requirement. Did you move out of the state where you were living with your spouse and leave your minor child/children behind ?

Where in Florida can you file for divorce ? Florida has counties that govern which court your divorce will take place in. This is called venue. The divorce must be filed where either the plaintiff or defendant resides or where either is regularly employed or has a place of business.

For more information on Florida Statute 61.021 - Residency Requirements For a Florida Divorce, see the official website for the Florida Statutes.

Continue reading " What Are The Residency Requirements to File for Divorce in Florida ? " »

First, it is no longer called child custody but "timeshare". Each parent is entitled to a share of the child/children's time. Usually, one parent has the majority share in order to provide stability to the minor children instead of bouncing day to day or week to week between homes after divorce.

There has to be a distinct change of circumstances in one or both parents that affect the best interest of the minor child/children. An example of a significant change in circumstances would be that major timeshare parent has a severe job schedule change. Another significant change may be that a parent was arrested for a felony. Another example would be that the children are suffering some developmental emotional growth problem because of the behavior of that parent. Is the child suddenly doing poorly in school because of activities at home ? Does the former spouse have a new mate that is abusive to the child ?

Always, the underlying theme or question is "what is in the best interest of the minor child?" A change of mind by the minority timeshare parent after the final judgment of dissolution of marriage is just not enough.

Continue reading " What Are The Requirements For a Change of Custody of a Child in a Florida Custody Fight After Divorce ? " »

Florida Statute 61.502 explains the primary purpose of the UCCCJEA, which include: (1) avoiding jurisdiction competition and conflict with courts of other states in matters of child custody; (2) promoting cooperation with the courts of other states to the end that a custody decree is rendered in the state that can best decide the case in the interest of the child; (3) deterring abductions and (4) reducing the harmful effects of jurisdictional conflicts.

The UCCJEA is a really confusing statute that has a lot of different parts. Essentially the main idea is this: You can’t just kidnap your child and relocate to another state and think you will get away with it, and think that you can haul the other parent in a foreign forum to defend a child dispute. The child’s home state has primary jurisdiction over any custody dispute. A child’s home state is usually determined by the answer to the following question: Where has the child continuously resided for the last six months? So, if you did happen to move to a new state with your child and want to sue your former spouse for child custody in your new state, you would have to wait at least six months after moving to the other jurisdiction before you can do anything. Even then, the new state could chose to decline to exercise jurisdiction on different grounds. For example, either the new state or old state could be deemed an “inconvenient forum.” Or, the new state may be required to defer to the previous state because the child still has “significant contacts” to the old state. A significant contact to the old state may be where the other parent lives, or if there are records and documents pertaining to that child in the old state.

The key point to keep in mind is that you are not going to win custody simply because you moved to another state with your kids. There is a possibility that you will still be bound by the child’s original home state. That home state may have assumed “exclusive” jurisdiction over the child and absent some specific circumstances, the home state will retain jurisdiction for the time.

Is Your Spouse’s Retirement Fund Subject to Equitable Distribution in a Jacksonville Divorce? Yes. The Florida Statutes and case law is clear that all marital property is subject to equitable distribution. In dissolution of marriage proceeding, the Jacksonville court will request a list of both parties’ assets (and liabilities). The assets that were acquired during the marriage as well as any increased value of the assets during the marriage due to marital funds or marital efforts are considered marital property.

A retirement fun or pension plan is money that is set aside for an employee after he/she is no longer working. A pension plan is defined as deferred compensation. Both the employer and employee contribute to the fund during the course of the employee’s employment. A spouse’s income during the marriage is subject to equitable distribution, so a spouse’s pension plan is also subject to equitable distribution.

Equitable distribution is the process of how a Jacksonville judge will divide marital property during a divorce. The objective of equitable distribution in Florida is to distribute the spouse’s property fairly between the two parties. Under Florida law, the court must first decide the equitable distribution of marital assets and liabilities before it makes any spousal support determinations. The court will first determine which property is “marital property” and which property is “non marital properly.”

According to Florida Statute 61.076, “all vested and nonvested benefits, rights, and funds accrued during the marriage in retirement, pension, profit-sharing, annuity, deferred compensation, and insurance plans and programs are marital assets subject to equitable distribution.” For more information, see Florida Statute 61.076.

Lynn France discovered through Facebook that her husband had remarried another woman. Lynn typed into the search box on Facebook the name of the woman with whom she believed her husband was having an affair with and found wedding photos of him and his new bride. The wedding photos of the Walt Disney World wedding showed the husband dressed as Prince Charming, and his new wife dressed as Sleeping Beauty.

Lynn’s husband, John France does not deny that he remarried, but instead he claimed that his marriage to Lynn was never valid. His attorney is asking the family law court to declare that his marriage was void since its inception.

Under Florida law, a marriage that is “void” means that it never existed, and a man and woman are treated as if they were never married. The only valid grounds for a void marriage in Florida are as follows.

• Florida Statute 741.21- Incestuous Marriages Prohibited. No man or woman shall marry to anyone that is related by lineal consanguinity, or their brother/sister, uncle/aunt, or nephew/niece.

• Florida Statute 741.211- Common Law Marriages Void. No common law marriage entered into after January 1, 1968 is valid.

• Florida Statute 741.212- Sam Sex Marriages. Any marriages between persons of the same sex will not be recognized.

For more information on this topic, see On Facebook, Wife Learns of Husband's 2nd Wedding.