Jacksonville Divorce Lawyer Blog

Same-sex marriage in Florida is not recognized, which has posed a number of questions to Jacksonville and other Florida divorce attorneys about how to handle to such matters. The State of Florida originally initiated a statute defining that same-sex marriage would not be considered legally authorized or recognized in the state of Florida. That, not being enough, in 2008, Floridians voted by 62% to institute Amendment 2 to the Constitution, which gave us the language of Article I, Section 2, defining marriage as, "the legal union of only one man and one woman as husband and wife, no other legal union that is treated as marriage or the substantial equivalent thereof shall be valid or recognized."
As other states, like Vermont, have enacted the right for same-sex couples to forge in the bonds of matrimony, that marriage is not given full faith and credit in states like Florida. In accordance with Florida Statute 741.212, such marriages that are valid elsewhere are not considered valid if the couple decides to reside in Florida. Therefore, a legal marriage is not legally dissolved in Florida. This means that if the marriage is valid in another state and not recognized where the couple resides, for the marriage to be properly dissolved, the couple must move to a state where their marriage is legal. In places like Vermont, the residency requirement before filing for divorce is one year as opposed to six months in Florida. This can put a strain on the individuals if they were to have the marriage dissolved effectively. However, there may be arguments to say that since you reside in a State where the marriage is not recognized that there are no real reasons to have it properly dissolved because in essence, the marriage is void. In that situation though, the problem would be in dividing property, assets and debts, which can be divided equally or fairly in a divorce.
This leaves a great deal of difficulty for same-sex couples and could potentially be construed as unconstitutional and interfering with ones right to travel, which has been upheld as a constitutional right by the U.S. Supreme Court, beginning with U.S. v Guest, 383 U.S. 745 (1966).
The real question becomes, when will a couple challenge the State's law? Couples that are moving to Florida for work in an economy desperate for jobs, are not afforded the same rights as a marriage between a man and a woman. Furthermore, if that couple is not able to work through their difficulties, divorce is not available to them in Florida. Therefore, the laws have to be creative in order to separate property, assets, debts and the like so as not to overburden the married couple. If there are items, such as a home, purchased during the marriage, then assessing the person responsible for the debts, expenses, etc. comes down to possibly developing a contract to separate out such property. Therefore, the arguments may be similar to a divorce, but the ultimate outcome may be a contract instead of a divorce order.
If you are in a same-sex marriage and are in need of legal assistance regarding your rights in Florida, please contact an attorney who understands the laws and can properly assist you. Also, if you are in a same-sex relationship, there are financial protections you can have, it is important to find out all of your options from a qualified individual.

Historically in Florida and other States, adultery and divorce were much more closely correlated than they are today in the eyes of the law. In order to get a divorce in the past, the innocent party had to prove that their spouse committed some significant wrongdoing in order to seek legal approval for the termination of marriage. However, today Florida along with most other states has no fault divorce laws. In no fault divorce cases, there are certain legal requirements but these do not include proof of adultery or other fault. However, under some conditions the Florida family law court will consider adultery when adjudicating other issues such as alimony or child support.

The Florida Alimony rule provides that “the court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” However, in order for the Florida family law court to give alimony based on the adultery, the adultery must have produced a financial loss to the innocent spouse.

When awarding child custody in Florida, the court will consider all factors affecting the welfare and interests of the child. One factor the court will take into consideration is “the moral fitness of the parents.” An act of adultery is likely to be a reflection on the moral fitness of a parent, but this factor alone is not enough to influence a court’s determination on custody. As the Florida Statutes suggest, there are a number of factors that a court will consider when determining the best interests of a child.

Continue reading "My Spouse Cheated On Me - How Does This Affect Alimony? Child Custody?" »

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.

Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.
In situations of adultery; gambling; drug use; etc. the court can consider whether marital funds were used in furtherance of those actions. If it can be shown that marital funds were dissipated by one of the parties for such actions, then the court may order an unequal distribution of marital assets and debts in order to payback the other party.
When determining the best interest of the child[ren], the court may consider whether one of the parties participates in activities that may be detrimental to the child[ren]. If there are extreme accusations, then the court may require a time-sharing coordinator and/or a social investigation in order to assist in determining the best situation for the kids.
Understand your rights and options before filing for divorce and contact a family law attorney to assist you with these issues.

In Florida, couples do not need a reason for divorce other than their marriage is over. In fact, Florida is a no-fault divorce state which means that even if the actions of one party led to the end of the marriage (an affair), that action is not considered in determining separating assets, debts or determining alimony (spousal support).
In a Florida divorce, the object is to separate marital assets and debts and put the parties in a position that is as fair as possible. Equitable distribution is the term used to divide the marital properties and works to do just that, equally divide the property (assets and debts) between the parties.
However, if one party uses marital money to benefit an affair, then the other spouse is entitled to half of the money used for said affair. For instance, if a wife uses $10,000 to travel with her boyfriend, then the husband is entitled to $5,000 of that money. In a divorce, if there is not $5,000 in cash available, then assets may be divided differently than 50/50 to make-up for the lost money. For example, if the assets total $20,000 then instead of $10,000 to each party, they may be divided so that a greater portion is awarded to the husband to compensate for the $5,000.
The idea is to place the non-offending party in the same position as s/he would have been without the existence of the affair. It is not designed to punish or award either party.
If you are filing for a divorce and are seeking this type of compensation, it is important that it be asked for in the beginning. When you file for divorce you actually file a petition with the court, which should outline what your interests are in the outcome. Typically, the court will default to equitable distribution unless a party requests a greater than 50/50 division. It is a good idea to speak with an experienced lawyer to help you understand your rights and options before filing.

In a no-fault state like Florida it is difficult to understand, as a family law attorney, why parties are willing to spend more money than they have to prove that a spouse was, in fact, having an extramarital affair. It is not to say that affairs are not personal or do not take personal tolls on the individual hurt by it, they do. However, to spend thousands upon thousands of dollars for a court to hear the atrocity, when the reality is the affair will not have a bearing on the outcome of the case is scary.
Speaking as a professional interested in representing the client's best interest, I think preserving the client's money for what can really make a difference, counseling on the emotional aspects, is much better. I struggle with this issue as a family law attorney because I do not want to take advantage of the emotions associated with the divorce. The only way to avoid an attorney taking advantage of this situation, other than hiring an attorney like myself, is to take the emotion out of the divorce.
What do I mean by this? I simply mean that the divorce is a business transaction, you are seeking to dissolve a contract, that being the contract of marriage. I know that sounds cold, but the reality is, at the end of the day, it's business. You are searching to protect your assets, finances, retirement, which again, is a business concept. The more you can remove the emotion from the action the less money the divorce will cost you in the end.
At the end of the day, true justice is walking away knowing you have all things you are legally entitled to and you can hold your head up knowing that you have survived an awful situation. Take the money or sell some assets and treat yourself to a relaxing vacation to ease your mind of the chaos that previously ensued.

Florida divorces do not mean alimony payments. Myths can be cruel to the outside world that is interested in pursuing a divorce. In Florida, there is no such thing as alimony being a certain. Myths such as the following list are created as scare tactics and used to create fear, fear would be having to pay alimony no matter what, fear would also be that you are not entitled to alimony, which is also dependent on Florida divorce law.

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Today's topic of alimony is one that can be multiple sets of blogs, and in fact are on this site in a multitude of areas. It is a large topic because in Florida alimony is controlled by many factors: length of the marriage, contribution to the marriage, status quo of the marriage, education of the parties, and many other small details. Also, there is are different forms of alimony: permanent, lump sum, rehabilitative and bridge the gap.

If you and your spouse have two incomes, equal education and the ability to earn relatively the same income, chances are you will not be receiving nor paying alimony.

If you have been married for 17 years and one spouse has been a homemaker, given up his/her education for the benefit of the other, provided the household support instead of the income, then permanent alimony will most likely be rewarded. Permanent alimony is designed to help keep the spouses in the same lifestyle to which they have grown accustomed, but factors in the sacrifices of both parties. It is difficult to expect a spouse to enter the workforce after 17 plus years of supporting the family or other spouse by being the homemaker. The one sacrificing to stay home should not be punished for the marriage breaking.

If you have been married for less than two years, most likely your divorce will not have an alimony component. Length of the marriage holds a great weight in determining alimony. A short-term marriage, which is technically defined as anything under 10 years, does not often hold alimony. The only form that may come into play in a two year marriage is "bridge-the-gap", which is designed to help a spouse move from married to single life. This is for a set time period, often 6 months to a year.

If you have been married for 10 years, one spouse gave up entry into medical school to support the other's education and now the educated spouse is working and the sacrificing one has been earning lower income or taking care of the home, most likely rehabilitative alimony will be an issue. Rehabilitative alimony is designed to assist in educating or training a spouse so that he/she can reenter the workforce and have a chance to be self supporting.

There are obviously different scenarios for all couples and this is not a blueprint for everything related to alimony. However, it is a basic outline for what to expect in different categories of marriage. If you are thinking about a divorce know the facts not just the myths. It is always a good idea to speak with an attorney trained in family law matters so that you go into the situation armed with knowledge not fear.

Affairs during the marriage matter in a Florida divorce, another common myth tackled by a Jacksonville divorce lawyer. Yesterday, the counseling myth in divorces was discussed. Today, the myth that the affair will bring justice to the innocent spouse will be tackled. This week we will be focusing on the following myths and discuss the truth behind the myths:

1. Is counseling needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

Florida is a no-fault divorce state, which means that the reason for your divorce is not going to make or break any factor in your divorce. If you or your spouse has cheated during the marriage it is typically only an issue of emotions involved, not an actual legal factor in the divorce proceeding. This is due to the legislation enacting a "no fault" divorce law. The only time the issue of Why" will be brought to the court's attention is when you are asked, "Explain to the court why you are asking this court for a divorce?" and all you must answer is "irreconsilable differences."

On a Florida divorce there is a division of assets and debts which are supposed to be equitably divided (50/50). However, if it can be proven that a party used marital funds in furtherance of an extramarital relationship, then the division can be in favor of the innocent party (40/60) or more. In order to get this, it must be shown what types of funds were used and they were actually used to further the affair. In some cases, if a number can be determined, then the innocent party can ask for equitable distribution of the total of the amount used in that relationship. An example would be if it can be proven that $100 was used on the affair, then the innocent spouse would be entitled to $50 of those moneys used, even if they have already been taken from the marital account.

The reason there is an unequitable distribution of assets is so that the innocent spouse is made financially whole since the marital funds were depleted without consent. The idea is to put the innocent spouse in the same position, financially, as would have existed had the other spouse not cheated.

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.
2. It matters if I or my spouse had an affair.
3. Alimony is involved in every case.

The reality is that counseling will be asked of you at the final hearing for your divorce. Typically the Judge will ask, "Have you and your spouse gone through any type of counseling?", if not, then the next question is, "If I ordered counseling do you feel it would change the status of your marriage?" If the answer is, "no," then the Judge does not order marriage counseling. If the answer is, "yes," then welcome to the world of counseling to see if your marriage can be reconciled. This, however, does not dismiss your divorce claim and it does not take you back to step one. It simply puts the case on hold for the length of counseling to determine if reconciliation is possible.

The reason that people often think that it is a requirement in Florida is due to two possible reasons, the first being the question being asked and the second is knowing someone that has opted for counseling that cannot pursue their divorce until counseling has been attempted. It is important to remember that people often talk about what they have been through, but their perception is different due to the emotional charge of the situation. If you are seeking a divorce, be certain to ask an attorney all of your questions and concerns because stopping the fear is essential to moving forward in the right frame of mind.

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?
First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.
The reality is that we, as a socially, are more willing to spend money on the "fun" things in life than the "necessary" things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.
The excitement of waking up without the yelling, concern or heartbreak should be enough to motivate you outside the cost into the thinking about your future. It's not to say that all divorces need to be extremely expensive. What it does mean is that the majority of divorces that will protect your future interests effectively are also not going to a minimum. Think of it as an investment in your future and securing your future in a way that is protected by the Court.
The things you should focus on when hiring an attorney have to do with whether you and your attorney click on how you see your divorce playing out. If you think that you can agree on most things, do not hire someone that tells you not to give in. If you need alimony do not hire an attorney that will not fight for alimony. The reality is that attorneys, like wedding dresses, do come in different styles and you have to find the one that is right for you, not the one that is just priced to your liking.

In a Florida divorce, only marital assets can be divided. Nonmarital assets remain the property of the individual that brought them into the marriage. If you are the beneficiary of funds from a personal injury claim that you had, then the money you get from the claim is yours, unless it has been co-mingled in a marital fund.

Personal injury claims are brought by an individual for individual injuries suffered. A spouse has a right to a claim against the same "at fault" party for what is a consortium claim, meaning the spouse is without the full benefit of his/her spouse as s/he was prior to the injuries. However, this too is an individual claim brought by the spouse.

In Florida divorces, nonmarital assets are those collected as an individual, from an inheritance or claim from outside source (personal injury). The only way the inheritance or the money from your personal injury claim are considered marital is if the money you received was placed into a joint account and/or used in the advancement of the marriage (house repairs, paying off joint debt, etc.).

If you have a pending lawsuit or injury claim at the time you are getting a divorce, it is is important to know that the money from that claim cannot be claimed by the opposing spouse. If the spouse is waiting for you to collect the money before filing for divorce, then place all of the money into a separate account so you can protect your assets.

The same is true if you have an inheritance coming to you. If you believe your spouse is waiting on your rich relative to pass away, then do not worry, the asset you inherit, unless it is in both of your names, is yours and yours alone. Again, be certain to keep it away from martial use if it is money. Items are a little easier to prove as inheritance because they may be used for decoration in the marital home, but that does not change their status as an inheritance.

If you have questions regarding any of this, it is advisable to speak with not only a family law attorney, but a personal injury attorney and/or a wills and estate planning attorney. If you are interested in divorce, know your rights.

As a Jacksonville, Florida divorce attorney, I recognize the reality that most divorces are never final. If the divorce has the following components: alimony, child support, debt distribution, marital home division, etc., it is likely an issue will arise after the divorce is "over". Your options, if any of the above payments or ordered actions stop, is to file a Motion for Contempt against the other party. However, if you are the payor or the offending party and the reason you have ceased action per the court order is for reasons outside your control (loss of employment, injury, etc.), then you have the option to file a Supplemental Petition to Modify the prior order.
Contempt is when one is voluntarily not complying with a court order. If the individual is found in contempt, the non-offending party can ask for attorney fees and costs be paid by the one in contempt. Also, if the party is held in contempt fines can be assessed and, depending on the severity, jail time can be ordered.
Modification of an order is when one's circumstances have involuntarily and substantially changed. In today's economy modifications are prevalent. In Florida, child support is simply a statutory calculation based on the incomes of the parties. If the income of one party has been decreased or increased by more than 15%, then that is a substantial change and a petition for modification should be filed.
Do not become the victim of circumstance, take a proactive approach and modify your divorce order before you are held in contempt. If you have been the receiving end of someone not complying with a court order or you are experiencing a change in your circumstance that could lead to a modification, do not hesitate to look into your options. Attorneys can help explain your rights and the best course of action for you to take.

Florida has not recognized Common Law Marriage since 1968. In 1960, only 460,000 couples identified themselves as living together without marriage, according to CBS News. In 2007, USA Today reported that 6.4 million people were living as a couple out of wedlock.
In Florida, if you are living with your significant other and share a house payment, vehicles and debt, then there are options for you. The best thing to do is speak with a lawyer about protecting yourself from what could be a disaster if things do not end-up happily ever after.
If you previously lived in a state that recognizes Common Law Marriage, of which there are only 11, then Florida still recognizes your status as "married." However, for those of you entering into a "moving in together" portion of your relationship, be certain to speak with someone about protecting yourself and your partner from future disaster. None of us want to think the worse of our partners, but at least if a marriage does not work you have the law to protect you from all debt falling on you. Until the State of Florida decides this is a growing matter that needs to be addressed, options are the key to your future success and your present comfort.

Larry King filed for his eighth divorce last week. In his petition for divorce, he requested joint custody of the children. Wife, Shaun Southwick, filed a counter-petition requesting full custody of the children, child support and alimony.

A petition for divorce is one that lays out the reasons for the divorce, which are often summarized as "irreconcilable differences." The petition is also where one addresses their needs from the outcome of the divorce: alimony, child support, division of property. In order for both parties to have their needs heard by the Court, often, the party originally served with the petition will file a counter-petition, which lays out their needs and wants. That is how the Larry King divorce has two filings in one case.

In their upcoming battle, the Court and the parties will have to determine the basis for all of the requests made in both of their petitions. Simply by asking for the sun, moon and stars does not equal delivery of the same. Shawn Southwick will be required to show evidence as to why Larry King does not deserve equal timesharing with their children. She will also have to show why she is entitled to alimony and whether that should be offset by the alimony she is requesting. Typically, alimony is considered an income and child support is based on the incomes of the parties.
As this plays out, the Larry and Shawn have a number of things to work out and hopefully the children will not be the losers behind this eighth inning.

The question of alimony has no easy answer. In Florida, alimony depends on a number of factors. In a Florida divorce the court may grant alimony that is rehabilitative or permanent in nature. Alimony payments may be in the form of lump sum, periodic payments, or a combination of both. The adultery of either spouse in a divorce may be considered if marital assets were dissipated in furtherance of that realtionship.

Some of the factors to be considered by the court in awarding alimony are:

1) The standard of living established during the marriage;

2) Length of the marriage;

3) Age, mental, and physical condition of the parties;

4) The parties' financial resources as well as the assets and debts that each has acquired;

5) If the spouse is able to gain education or training to find a job and the amount of time it will take to get back on their feet;

6) The contribution of each party to the marriage, including, but not limited to, services rendered in homemaking, child care, education, and career building of the other party.

7) All sources of income available to either party.

Unlike child support, alimony is not automatically awarded. The factors listed above will be considered by the court before awarding alimony to either spouse. In the current economic climate, the ability of either spouse to pay the other alimony is one of the biggest contested issues in a modern day divorce.

Many couples barely have the ability to pay each other child support, let alone alimony, after they equitably distribute their assets and debts. It is often the case that no alimony will be awarded in Florida because of the significant amount of debt acquired by the parties during the marriage. It takes an experienced Florida Family Law Attorney to evaluate your case and help you determine if you will be able to get alimony. If you have questions about a Florida Divorce, call a Florida Family Law Attorney.

World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn's sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

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

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

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

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

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

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

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

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

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

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

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

Social networking has become a popular form of interaction and expression for people of all ages. It is no wonder that Facebook has started to get mixed up with divorces.

For example, a Tampa, Florida woman videotaped many of her fights with her soon to be ex-husband and then posted the screaming matches on Facebook. Another Florida man used his Facebook page to document his frustrations with parenting, only to have his journal entries used against him in court by his soon to be ex-wife.

Of course, there are also plenty of stories about old flames rekindling on Facebook as well as inappropriate flirting and texting with new found friends that can lead to divorce. There is an upside to Facebook and divorce, though. Parents report that they can use Facebook updates to keep in touch with their kids better when they are with the other parent.

Florida divorce attorneys report that they are beginning to counsel clients to take two steps with Facebook on day one of a divorce; first, take down their own Facebook page immediately, and second, go through their partner’s Facebook account for anything that can be used against them in a divorce proceeding. A partner’s Facebook page usually turns out to be a goldmine of ammunition for court.

It can be tempting to “spill it all” when using social networking sites, but it is a good idea not to post anything that you will regret later. Read more at Businesses find Facebook, Twitter useful.

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

If you pay attention to the media these days, you will no doubt be bombarded by messages that marriages in the US are not working out. News of celebrity divorces, reality shows designed to catch people cheating and websites promoting dating outside of marriage seem to be everywhere. The conventional wisdom is that half of all marriages end in divorce. That’s actually not true; sixty-five percent of first marriages make it ten years or more, and in recent years that number has jumped to eighty percent. The fact is that the divorce rate has actually been dropping for the last thirty years.

During the divorce boom of the 1970s, many longed for the “simpler times” of the 1950s. Currently the number of children of divorce has now dropped to near 1950 numbers, and the divorce rate is the lowest it has been since 1970. Experts point to the fact that the unexpected increase in women working outside the home combined with a proliferation of no-fault divorce laws helped bump the divorce rate to all time highs in the 1970s, but the population has adjusted to those societal changes. Also, couples are now waiting longer to get married, meaning they are more mature and realistic when making a lifetime commitment to another person. Read more about the dropping US divorce rate at U.S. divorce rates returning to idyllic 1950s levels.

If you are considering divorce, please contact our Jacksonville, Florida area law firm for family law counsel.

AshleyMadison.com is an unusual dating site; they cater to married people looking to date outside of their relationships. The site usually draws around eight to ten thousand visitors a day, but a recent nationwide cold snap pushed the number of visitors up to twenty five thousand. That’s not terrible news for couples living in Florida – also known as the “sunshine state.”

According to company founder Noel Biderman, he was not surprised by the spike in visitors during the recent cold snap, saying that when people are trapped indoors they tend to explore the internet more. He reports that January is typically a strong month for sign-ups (perhaps coincidentally, January is also a strong month for divorce filings). The day after Valentine’s Day is also quite popular.

Biderman has come under intense criticism for condoning and even encouraging people to be unfaithful to their spouses. But Biderman defends his business, saying that his members are at least being honest about their marital status, unlike on other dating sites. He also believes that if infidelity were condoned, there would be fewer divorces. The “happily married” father of two says that he is not anti-marriage; he just believes that sexual monogamy destroys loving relationships.

Find out more about what days are the most popular on an infidelity website at Infidelity Web site popular in Lexington.

If your marriage is suffering due to the infidelity of your partner, please contact our Jacksonville, Florida area law firm for divorce legal counsel.

Oracle President Charles Phillips was involved with a woman named YaVaughnie Wilkins for eight and a half years during his marriage to his wife, Karen Phillips. Ms. Wilkins reports that she believed Phillips was separated and then divorced from his wife during their relationship, until she received an anonymous email tip telling her that Phillips was still married. She then decided to hire a private investigator, who confirmed that Phillips was indeed married. She then ended the relationship.

But in an unusual move, she presented Phillips with a 50th birthday present; enormous billboards of the couple plastered in Times Square, San Francisco and Atlanta. The billboards featured a large picture of the couple with their arms around each other, and direct viewers to a website documenting the couple’s eight year relationship in pictures. Ms. Wilkins claims that the billboards were a sincere gift, and not an act of revenge.

Phillips and his wife remain married and have a son together. See the billboards and read more details of the story at Outed by billboards, Oracle prez admits affair.

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

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens' best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

Tiger Woods gives us pause to contemplate prenups and child custody.

If you would like to draft a prenuptial agreement or are considering divorce, please contact our firm for expert family law legal counsel.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

Permanent periodic alimony: This is awarded if one of the parties requires indefinite support, and is generally awarded for longer marriages. The support usually lasts until the death of one of the parties or until the person receiving the support remarries or is living with someone who contributes financially to the relationship.

Rehabilitative alimony: This is requested if one of the spouses needs time to acquire new job skills or education. This type of alimony requires a specific plan.

Lump sum alimony: This is one large payment, which may be money, the marital home or other martial assets. The court will usually award this type of alimony if there is extreme hostility between the divorcing parties or if one of the parties is terminally ill.

Read the entire article at Florida Family Law: Alimony/Spousal Support.

If you have any questions about the type of alimony you may be entitled to in a divorce, please contact our firm for expert divorce law counsel.

Around fourteen million Brits use Facebook and other social networking sites to keep up with old friends or make new ones. A group of British divorce lawyers are claiming that social networking sites like Facebook are tempting people to cheat on their spouses – and the website has been cited in 20% of recent divorce cases. According to the attorneys, people are being caught having inappropriate sexual chats with people who are not their spouse, and in the electronic age it is just too easy for their spouse to catch them at it. Flirty emails and messages have been reported, as well as evidence of actual affairs.

In one case a woman discovered that her husband was planning to divorce her when she read his public status update on Facebook. In another case, a woman divorced her husband after learning he was carrying on a virtual affair with a woman he met on Second Life, a virtual world where people are able to reinvent themselves.

Some software companies are cashing in on the trend by developing applications that let suspicious spouses spy on their partner’s online activities. Read more about how social networking can ruin a marriage at Facebook fuelling divorce, research claims.

If you believe your partner is being unfaithful to you, please contact our firm for expert legal counsel.

The holidays are supposed to be the happiest time of the year. But sometimes this joyous season can make people realize that they are not happy with their spouse. The holiday affect is presumed to be the culprit behind the fact that January is often the busiest month of the year for divorce attorneys. But what is it exactly that pushes marriages over the edge in December?

The coming New Year often brings a period of appraisal and reflection on one’s life. Those who have been struggling in a bad marriage may make a New Year’s resolution to give themselves a fresh start. There are also financial issues to be considered; there are tax advantages to finishing out the fiscal year with an unwanted spouse. It may also make it easier to sort out finances with all of the fresh information that becomes available at the start of tax season.

The stress of the holidays may also be to blame. Shopping, running up credit card bills and spending time with extended family can create additional stress on relationships. And of course there is always the office Christmas party, with alcohol increasing the chances for inappropriate behavior that may lead to infidelity.

If the holidays are making you feel like you need a fresh start, you should plan to contact an experienced divorce attorney as soon as possible. A good divorce lawyer can guide you through the difficult decisions that must be made with the sensitivity that you deserve. Please contact our firm for expert, compassionate legal counsel.

Read more about the holidays and divorce at Is Your New Year's Resolution to Get a Divorce?

Last June, South Carolina Governor Jim Sanford made national headlines when he took off for a secret rendezvous with his Argentinean mistress while telling staff he was hiking in the Appalachian Mountains. His wife of twenty years, Jenny Sanford, reports that she has actually been aware of the affair since last January, when she discovered a letter her husband had written to his mistress. Sanford then repeatedly asked his wife for permission to visit the other woman in Argentina.

After many attempts at reconciliation, Ms. Sanford finally filed for divorce. Her decision came just days after the state senate nearly recommended the removal of her husband from office for the clandestine trip, and just one day after Sanford told reporters he hoped they could reconcile. Ms. Sanford has said that she will work hard to keep the divorce civil for their entire family, which includes four school age sons.

When a partner cheats, it can be absolutely devastating to a marriage, especially when the indiscretion is so public. For the wronged partner, the decision is complicated by feelings of not wanting to look like a fool in front of the public. For Ms. Sanford’s part, she has said that her husband’s actions reflect poorly on him and that they have not damaged her self esteem. Sanford will be the first South Carolina governor to divorce while in office. Find out more about the Sanfords’ divorce and the events leading up to it at SC first lady wants divorce in wake of affair.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Tiger Woods has cancelled at least three scheduled meetings with the Florida Highway Patrol to discuss the car accident he was involved in early Friday morning, the day after Thanksgiving. He is not required by Florida law to talk to police about a traffic accident under investigation. But he has spoken to reporters in an attempt to dispel rumors that the accident happened in the middle of a domestic dispute with his wife, Elin Nordegren.

According to a prominent Hollywood news website, TMZ, the fight was sparked by Woods’ alleged affair with another woman, Rachel Uchitel, who has denied the relationship. Woods and Ms. Nordegren started fighting after the National Enquirer printed a story about his alleged affair with Ms. Uchitel. He reportedly told a friend that Ms. Nordegren attacked him during the argument, scratching his face and chasing him out of the house and down the driveway with a golf club.

Some have speculated that he is putting off meeting with police to allow the scratches on his face to heal so that his wife will not be arrested for domestic violence. Florida law does allow police to intervene in a spousal abuse case against the wishes of the parties involved.

But in his public statement, Woods stated that “the only person responsible for the accident is me.” The official police report reveals that alcohol was not a factor in the accident, and states that Ms. Nordegren broke the back window of the car with a golf club in order to free Woods from the car.

Ms. Uchitel responded to the rumors of an affair by saying that “despite it being completely untrue, it still must have certainly caused some problems at home.” You can read more about the accident and what allegedly led up to it at Tiger Woods Talks of Mystery Crash for The First Time.

A suspected affair can often spark an argument that leads to divorce. If your marriage is in trouble, please contact our firm for expert, compassionate legal counsel.

Fransisco Rodriguez is married with three children of his own. According to the state of Florida, he is also legally the father of the fifteen year old daughter of an ex-girlfriend, even though DNA tests and the girl’s own mother have confirmed that Rodriguez is not her biological father. He reportedly owes more than $10,000 in back child support, and he has already spent a night in jail because of it. The girl’s mother has written to the state asking them to not require Rodriguez to pay the child support.

Rodriguez is legally on the hook for the child support payments because the mother named him on the birth certificate and he claims he didn’t receive notification until about 4 years ago – after the deadline to contest paternity had passed. By that time a Florida court had already legally named him as the father three years earlier when he failed to appear in court. Rodriguez says he never received the notices because he changed addresses quite a few times. In light of the new information, the court has ordered its own DNA test, which Rodriguez has taken. The girl and her mother did not appear as ordered for the DNA test.

In the case of paternity, lawmakers and the courts struggle to strike a balance between the rights of all parties involved. Some groups even go so far as to suggest that DNA tests at birth should be mandatory in order to avoid later legal battles. If you are involved in a child custody or paternity issue, please contact our firm for expert legal counsel.

Find out more about paternity laws in Florida and around the country at Florida man owes $10,000 for child who's not his.

TV cooking show host Mary Jo Eustace was not very well known until her husband, actor Dean McDermott, divorced her to marry heiress and famous Hollywood actress Tori Spelling in 2006. McDermott and Spelling met on the set of a lifetime movie they were working on together. Ms. Eustace has said she was taken by surprise when her divorce garnered major media attention.

Ms. Eustace has said that her divorce was a shocking surprise as well as very public and humiliating. One of the insults the newly married couple heaped on Ms. Eustace included offering to produce a reality show where Ms. Eustace looks for a new husband. Ms. Eustace declined, and instead is launching her own reality show, which will help women in midlife reinvent themselves after divorce. And she has written a book to tell the world about the pains of her divorce; the book is entitled Divorce Sucks: What to Do When Irreconcilable Differences, Lawyer Fees and Your Ex's Hollywood Wife Make you Miserable.

In the book she talks about the divorce and her reaction to it, which has included getting over the betrayal of her husband and making more time for herself. You can read more about the new book at Life after divorce: Mary Jo Eustace enjoys her second act.

Divorce is very hard emotionally for all parties. Many people going through a divorce , especially those left for another person, are filled with anger and sadness caused by the actions of their former partner. Ms. Eustace’s book shows that, while divorce is difficult, it may the answer to a happier life. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Kate Gosselin, mother of the eight children featured in the TLC reality show, “Jon & Kate Plus 8” has been going through a very public divorce from her husband, Jon Gosselin. On a recent episode of the show, she answered questions from viewers, including whether or not she feels she would like to marry again in the future. Her answer was “I don't know, I really don't want to be married again, but I don't want to be alone. The alone-ness is really alone.”

Many people who go through a divorce feel the same way as Ms. Gosselin. Divorce is very hard emotionally for all parties. A divorce can feel very similar to the death of a loved one, and people need to allow themselves time to heal emotionally. But for many people, divorce is not the end but the beginning of their new, healthier life. And that may very well include a new romance.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Movie stars, millionaires and other VIPs work very hard to keep their personal details private – especially when it comes to divorce. They claim they have a greater need for concern about identity theft. For business executives, the business itself can intervene to protect confidential company information that might come out in the divorce. Of course, news organizations are fighting to keep everything in the public domain. The controversy pits privacy against the first amendment.

Certainly the same concerns exist for non-famous wealthy couples, who may want to keep their financial documents and dirty laundry out of the public domain. There are ways to keep the divorce settlement confidential in Florida, and we are a law firm that knows the ins and outs of accomplishing the goal of confidentiality in Florida for high end divorce settlements.

If you are considering divorce, and want to keep the details private, contact our firm for expert legal counsel.

Find out more about this topic at Rich, famous push for secrecy in divorce.

Written By: Lenorae C. Atter, Florida Family Law Attorney
latter@woodatter.com

In Jacksonville, Florida, as a family law and divorce lawyer, I represent a number of individuals who have been or are in the military. Military family law differs in that many different amounts of income are factored in for purposes of child support and alimony. In addition, retirement is based on the military's determination of years in plus points earned during the time served in the Reserves.
In order to best determine the rights you and your children have while dealing with a military family case, it is best to speak with a lawyer that is familiar with all aspects of the system. BAH and BAS do change, but child support still factors those in. In addition, since some of the benefits are based on marriage and children, the military actually has some control until a civil court determines the actual amounts to go to the other party.

On Father's Day weekend, Governor Sanford was not celebrating with his son, but with his mistress. In Florida divorces, while we recognize adultery as having an impact, we do still recognize "no fault divorce". However, if Florida allows the affair to be acknowledged monetarily what about the consequences with children and visitation/timesharing?
Governor Sanford told his family that he needed a to the Appalachian Trail, but with four sons, the question still warrants whether the children were impacted by an absentee father for a national recognition of the same. Then, to add insult to injury for the children, it came out that Governor Sanford was no where near the Appalachian Trail, he was thousands of miles away visiting his mistress.
While we look to his wife for her response, the children remain the silent victims. I would have to assume, that even a no-fault divorce state, the emotional impact of Governor Sanford's actions will actually play a role in the overall determination of who the children live with and how liberal Mark Sanford's visitation will be.

Written By: Lenorae C. Atter
As a family law attorney in Jacksonville, Florida, I handle a number of different divorce cases. The issues are always different because individuals and their assets, debts, businesses, incomes and matters related to their children are always different. One thing I have noticed is the surprise of my clients when they discover a business that was started during the marriage is actually a marital asset or liability, depending on the company's solvency.
In order to define the asset/liability, it is important to recognize what the business is and if the business is solely dependent on the spouse(s) work. A business valuation is typically a good idea, so that an outside, neutral party can determine the actual value of the property.
The other factor in determining the actual income of the parties relies on getting the business information since a number of business owners pay personal things from their business accounts. These accounts are all discoverable during the divorce proceedings, so both sides are on equal footing throughout the process.
Multiple financial actions, businesses and assets, is a great reason to incorporate a neutral financial planner/advisor into the right types of divorce proceedings. One previously mentioned in my blog was Collaborative Law, which uses a neutral financial advisor to assist the clients in reaching an amicable resolution to the divorce.

Written By: Lenorae C. Atter

Collaborative action for divorce, child support, visitation, alimony and other family law matters is not common in Jacksonville, Florida.
Collaborative Law is being practiced in most parts of the country, including South Florida, but has not found its popularity in Jacksonville yet. As a Jacksonville divorce lawyer who wants my clients walking away with a smile rather than the need for the spa, I am a huge advocate of this process. I don't think children should be the victim of their parents' inability to communicate, but should be healthier through divorce because the parents have a since of stability throughout the process. That is what is offered in a collaborative law setting. It's the attorneys and the clients, from the very beginning, agreeing that a divorce process aimed at resolving the divorce, custody, child support, marital home, assets, and finances can actually be done amicably from beginning to end.
For those of you who are skeptics, I promise it works. It brings in the two sides, but it also incorporates a neutral mental health professional, financial advisor (if needed), mental health therapists for both sides (if needed), and mental health therapists for the children (if needed). It's a way for constant fighting to be put to a halt so that you can learn to communicate, since like it or not, you are going to have issues arise during your life and the life of your children and why not figure out how to work through those than just agree to disagree for the next 80 years. Who needs the stress?

In Jacksonville, Florida, like the rest of the nation, parties are finding it difficult to make the final split and afford a divorce attorney to deal with important issues. Issues that can arise in a Florida Divorce are: the dvision of assets and debts; calculating alimony; child support payments; child custody; domestic abuse; and the valuation and division of the family business.
Some suggestions in divorcing in a bad economy include finding a divorce attorney in Jacksonville, Florida who will work with you on attorney's fee payments, who will provide a free consultation or who may engage in a limited appearance on your behalf to draft and file your pleadings or to serve subpoenas or summonses. There are many creative ways to secure a good divorce or family law attorney in Florida in the waning economy. Be certain to inquire about ways to ease the payment and the process when speaking with a family law attorney.
Divorces can get expensive, but they don't necessarily have to. Be savvy and ask questions. This is a great time to buy a house or a car. Shop for a divorce attorney in the same way as you would those items. You will not be disappointed when you get the same good deal.

Jacksonville, Florida and the rest of the country are feeling the stress of the economy. Times are tough, which makes people scared and angry. Domestic violence and tempers are on the rise in Jacksonville, Florida, and all across the nation. But it isn't necessarily men who are doing all of the battering. More and more men are becoming victims of domestic violence and they are no longer taking it "like a man". When anyone experiences violence against his/her person, it is imperative to seek help immediately. Whether that help comes in the immediate form of calling the police or subsequent to the abuse in fleeing to a domestic violence center , a hotel, or to an attorney, help is essential.

Ron Artest, Former Indiana Pacers star, was beaten and abused by his girlfriend when she struck him in the head. Artest called the police and the girlfriend was arrested. Many times men are afraid to call the police for help as the stereotype is to arrest the man when a domestic situation occurs. Men need to be encouraged to seek help whenever domestic violence is perpetrated against them.

In Florida, an injunction for protection against domestic violence can be issued and/or criminal charges can be filed against the batterer. There are provisions for protection for all and that protection should be sought before taking the law into your own hands.

In Florida divorces involving alimony, several elements must be met for alimony to be awarded. The Florida Statute regarding alimony sets out 5 types of different alimony available so that different levels of support may be granted. In Florida, alimony can come in the following forms:
1.Permanent: which is self explanatory, but does have limitations for future changes.
2. Lump Sum: basically getting a large amount either at one time or over the course of years.
3. Temporary: again, self explanatory.
4. Rehabilitative: This is used when one spouse has put their career or education on hold, or is need of further training, education, etc. to get a job or a higher paying position.
5. Bridge the Gap: This is designed to provide support from married life to single life and the transitions that one goes through during that time.

Continue reading "Florida Divorce: Alimony & Spousal Support " »

As a Florida divorce attorney, one sees many reasons that people reach divorce. Often, unhappiness describes the general mood of your marriage and you know that divorce is the only answer, its time to get your game face on and start thinking like a business person.
If you haven't given much thought to your finances because your spouse handles them, start looking at them. You need to know what expenses you have and what assets you have.

A Georgia lawyer who personally dealt with divorce and a certified financial planner founded the Institute for Certified Divorce Planners. They offer financial survival tips for the transition from married life to single life. It's not a "stick-it-to-your-spouse" moment, it's a "get a grip" momemnt. They make suggestions for what to do before the papers are filed, with the goal of easing the financial impact of the transition from wedlock to singlehood

Continue reading "It's Prep Time for a Florida Divorce" »

In Florida, when going through a divorce or separation, it is important to get a lawyer that understands the importance of putting down the boxing gloves.
You are ending a marriage and going from love to shuttering at the sounds of her voice or the site of his face, an experienced divorce attorney should take control and guide the client through a constructive not destructive approach. Even though the client may want to "take him for all he's worth" or "destroy her", its the lawyer's responsibility to provide a workable solution especially if there are children involved.
The members of the American Academy of Matrimonial Lawyers have proven that resolutions are often reached without the need for trial. In a 2007 poll, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. In this present economy, it has been shown that there is a clear preference among middle-income clients to reach agreements without a trial to cut down on the costs of the litigation.
This is not to say that nasty divorce cases are a thing of the past. Not so. In Florida Family, the areas of custody and parenting issues are the highest contested disputes, followed by spousal support and division of retirement accounts.
Due to the new Parenting Statute that went into effect October 1, 2008, the issue of shared parenting should help reduce custody litigation. Nonetheless, the level of resentment the parties may have for one another can drastically affect both the tone and the strife of divorce proceedings.
In the end, there is usually never a true "winner" in a divorce proceeding because of the emotionalism of the area of law. However, your lawyer must be experienced enough to counsel you through the proceeding and to protect your interests from the initial client consultation through mediation to the final hearing. Its important to find a lawyer who doesn't create roadblocks to settling just so he/she can pay his mortgage by billing you. Once the boxing gloves come off and people start to heal, a workable agreement should be able to be reached for both parties ultimate best benefit.

Navigating your way through unchartered divorce territory can lead to trouble. Often, paying for a divorce can be difficult, especially when one of you makes little to no money. Normally, one spouse ends up footing the bill and incurring extra expenses while the other spouse pays for very little. What can you do when you're waiting for the divorce to be finalized??? TEMPORARY NEEDS HEARING is the answer!

In a temporary needs hearing, a judge will look at each party's income to debt ratio and order a temporary spousal support, child support and marital debt payments. The temporary needs hearing is probably the most important hearing during the dissolution process before finalization occurs. It helps to set the tone for the rest of the divorce process and it also identifies the responsibilities of each party regarding the marital liabilities.

In Florida, rising tides of economic instability play a dramatic role in divorce. During their pending divorce, couples are remaining under the same roof due to the housing market. Divorce lawyers recognize that the marital home has transformed from an asset to a liability. However, the idea of splitting the debt associated with the home can be very appealing.

Divorce is affected by the economy because it plays a roled in factoring spousal support, debt division, living arrangements and tax consequences of the parties. In a Florida divorce, the parties assets and liabilities are divided equally, the marital home is the major asset in most cases. The slow market has created difficulties for the parties because most of the time, the marital home has not sold by the time the divorce is being finalized. With difficult time, often there are difficult questions, divorce is no different. Questions range from: Who is going to be responsible for the mortgage? to Who gets to live in the home while it is on the market? Hard times need creative solutions,just as Congress, and divorce lawyers can help divorcing parties navigate through the muddy waters of the present market.

A Jacksonville, Florida man was arrested in April 2008, on charges of child pornography. Having committed a crime in the home, the man's $280,000 home was seized by the government.

In Florida and throughout the country, the police can seize a person's property such as a home, vehicle, money, etc. if it can be determined that the property was used in the commission of the crime for which the defendant was arrested. It appears that the Jacksonville man had almost 20,000 photographs and videos of minors engaging in sexually explicit acts. Since the man viewed these pictures and videos in his home, and the crime was furthered in his home, the state had the right to seize the entire home. Now he is living in an even bigger house as he was sentenced to four years in Florida State Prison.

Written by: Whitney Lonker
Family and Criminal Law Attorney

Super Bowl XLIII was played in Tampa, Florida, but real-life drama unfolded on the televisions across the Tucson-area Sunday night. Tuning into watch the biggest game of the year amounted to viewing a lot more for Comcast viewers. During a portion of the Steelers v. Cardinals game, the game was interrupted with a 30-second clip of adult content and many saw full male nudity. While this incident is most likely the cause of “malicious acts,” pornography and football comes up in Florida divorces regularly.

Florida is a “no-fault” divorce state, but using money to purchase pornography, place bets on football (Super Bowl XLII), or have extramarital relationships can really come back with a vengeance. Thankfully, the men and women tuning in on Sunday will not be accused of such behavior for their brief encounter with a "malicious act" at the cable company.

Written By: Lenorae Atter
Family Law Attorney

New York Yankee fans can rest assured that Alex Rodriguez (A-Rod) will be able to focus on baseball this year. His Florida divorce is over after less than a year battling with his (ex) wife, Cynthia Rodriguez. The couple was able to reach a settlement agreement, trumping the need to go to court.

Cynthia Rodriguez filed for divorce in Miami, Florida in July, 2008. The petition filed with the court stated, “The marriage of the parties is irretrievably broken because of the husband’s extramarital affairs and other marital misconduct.” Florida is a “no-fault” divorce state, meaning that the affairs really held no legal bearing on alimony. However, any money A-Rod used in advancing the relationships could come back to pad the pocket of Mrs. A-Rod. For example, a trip to England to visit a certain pop star could be fully reimbursed depending on the settlement reached by the couple.

Continue reading "A Florida Divorce Makes Yankee Fans Happy" »

Florida Statute 61.08 provides the rules for receiving alimony. However, only the courts and many lawsuits have created the boundaries for what are considered short-term and long-term marriages. As such, many people feel that if they are married and their spouse provided for them, then they are entitled to alimony in some capacity.

If you have ever dealt with child support issues or other family law matters, then you may know that the amount in child support is determined by a calculation and the numbers don't really change one way or another because it's really a black and white issue. However, that is not true with alimony, and there are many factors that can be considered. However, the focus here is not in the aspect of determining whether you'll receive alimony, but just to clarify a few terms that you probably could not find on your own.

In first determining alimony, your legal representative and/or the court will evaluate the length of the marriage. In Florida, a long-term marriage is considered anything over 15 years of marriage and a short-term marriage is anything up to 10 years. Many people fall within a gray area, which the court has the right to use its discretion in determining and that is the 11-15 year marriages. It is important to realize that the court does have discretion to rule in accordance with the lifestyle of the parties, the work dynamic of the parties, and many other aspects. Also, since Florida does not recognize an equation for the process, often each judge has his/her own way of determining how, if any, alimony should be determined.

Florida courts recognize that some spouses do not have the income of the other and may have a need for assistance while they go through a divorce. Temporary needs have been established to protect a spouse needing support to remedy the ability for the soluble spouse to overpower with a "hired gun" because it provides the court the ability to assess attorneys fees and costs to the nonsupport seeking spouse. This levels the playing field and assures legal representation for both parties.

In addition to providing legal fees, the Temporary Needs are designed to assist in keeping the status quo of the marriage. Temporary Needs can address the following: alimony (to be provided during the divorce); child support; the marital home and expenses; etc.

The theory is to provide a comfortable transition for both parties and to address the issues that are pending immediately upon separation and the filing for a divorce. In order to preserve these rights and make certain that your issues are being addressed, it is important to contact an attorney who would be able to walk you through your situation and what you may or may not be entitled to receive.

Like trends that begin in Paris, Florida law is sometimes influenced by other states. In New York, a contested divorce is pending between a Long Island, New York doctor (Dr. Richard Batista) and his wife.

A Long Island doctor whose wife dumped him for her physical therapist after he gave her his kidney is suing the mother of three for the $1.5 million that he claims the organ is worth. Having donated his kidney to save his wife's life in 2001, Mr. Batista feels he is owed compensation for his selfless act.
According to the story reported on Fox News, this is the first of its kind in New York. However, the idea is not so out of the ordinary for many spouses who have provided life through their own body part donations or supported their spouse through tedious treatments and doctor appointments. The concept of compensation for supporting life, when they have been betrayed by the donor is one we will most likely see arise in the future here in Florida.
Here, the New York man, nor his attorney, determined the figure. Instead, the use of a medical expert reviewed the information and determined a value for the body part. While Florida Statutes do not raise this for divorce actions, there is nothing in the law that stops an individual from seeking compensation through a civil suit.