Jacksonville Divorce Lawyer Blog

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.

Drew Peterson is about to stand trial for the murder of his third wife, Kathleen Savio. A hearing to determine whether hearsay evidence will be allowed at trial included testimony from a few associates of Drew Peterson’s fourth wife, Stacy. Drew Peterson is a suspect in Stacy Peterson’s disappearance, but has not been charged with a crime in relation to it.

At the hearing, a neighbor of Drew and Stacy Peterson, Sharon Bychowski, reported that Ms. Peterson had told her that she feared for her life after asking Peterson for a divorce. She reportedly told Ms. Bychowski that “if I disappear, Sharon, it’s not an accident. He killed me.” Ms. Peterson allegedly made the comments less than a week before she disappeared in October of 2007. Ms. Bychowski reports that she urged Ms. Peterson to put her fears in writing, in case anything happened to her, but Ms. Peterson replied, “it doesn’t matter, I’m already dead. He’s going to kill me.”

Peterson has always maintained that Ms. Peterson took $25,000 and ran off to Jamaica with another man. Ms. Peterson has not been heard from since her disappearance and her body has never been found.

Sometimes when a marriage goes bad it can result in violence to one spouse. If you are in an abusive relatioship, please contact our Jacksonville, Florida area law firm for legal counsel.

Find out more about this topic at Peterson's neighbor: Stacy warned Drew would kill her.

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.

David Swain of Jamestown, Rhode Island, nearly got away with murdering his wife, Shelley Tyre, during a scuba diving trip to the British Virgin Islands ten years ago. Prosecutors called it a “near perfect” murder, but this month a jury has convicted him of murder – and he may spend the rest of his life in a Caribbean prison.

Even though Ms. Tyre was an experienced diver, police had written her death off as a tragic drowning accident. But Tyre’s parents were convinced that Swain had killed their daughter, and they filed a civil suit against Swain in Rhode Island. In 2006 the state of Rhode Island found that Swain was responsible for his wife’s death and awarded the Tyres $3.5 Million; that judgment convinced the British Virgin Islands to charge Swain with murder. During the trial, the prosecution claimed that Swain had found a new girlfriend, and killed his wife for her inheritance of $630,000. The jury convicted Swain unanimously. Swain’s attorney plans to appeal.

It is unfortunate that time after time, men choose to kill their wives to pursue an affair or another romance instead of just divorcing the wife. They always get caught. No matter what the circumstances, people should consider getting a divorce and dividing the assets; violence is never the answer. Even a lengthy divorce is better than going to prison. You can find out more details about this case at US man convicted of scuba death of wife in BVI.

If you are having trouble in your relationship, and would like to find out more about the option of divorce, please contact our firm for expert 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, Family Law Attorney
latter@woodatter.com

Recently married, Dalia Dippolito, was arrested for attempted the solicitation to commit first degree murder against her husband. The Boynton Beach case has sparked national attention, since her arrest on Wednesday, August 5. On Thursday, Dippolito was released on bond and placed on house arrest, in the home of her mother.
Many are asking why a newlywed would plot to kill as oppose to divorce. The question then becomes whether she married to kill in the first place. In a Florida divorce, a short-term marriage does not typically provide for alimony and division of assets are only those accumulated during the marriage. If most of the wealth was established prior to the marriage, Dippolito would not get much out of a divorce. As a widow, however, she would have gotten her share as determined by will, life insurance policies, etc. That could have been the motive behind the plot to kill.
Dalia Dippolito allegedly paid a hit man (turned out to be an undercover officer) $1,200 for a handgun and $3,000 to kill her husband. The Boynton Beach police went along and even staged a crime scene at the home while the wife, Dippolito, was at the gym. It was not until she was taken to the police station that Dalia Dippolito was informed that her husband is alive and was sitting in the adjacent room.

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.