Jacksonville Divorce Lawyer Blog

Under Florida Statute sec. 61.076, any benefits and rights accrued during a marriage from a retirement, pension, profit-sharing, annuity, insurance plans and programs or deferred compensation are considered martial assets and are, therefore, subject to equitable distribution under Florida Law. For military retirement or retainer pay the following criteria must be met: you and your spouse were married for at least 10 years, one spouse was a member of the federal uniform services and gave at least 10 years of credible service, and the division of the marital property includes a division of military retirement or retainer pay.

Equitable distribution divides martial property based on principles of equity. In states that employ equitable distribution (among them is Florida), the courts will consider a number of factors to determine how to divide the marital assets and liabilities upon divorce. Equitable distribution is not necessarily a 50/50 split of all the martial property and debt - equitable does not mean equal.

Continue reading "Divorce and Retirement Plans - How is your Retirement Plan Distributed in a Divorce Proceeding?" »

Divorce attorneys are finding that Facebook, the most popular social networking site on the Internet with over 400 million users worldwide, is yielding numerous nuggets of gold when mined for information that one spouse can use against another in court during a divorce.

In fact, the American Academy of Matrimonial Lawyers said earlier this year that 81 percent of its members have either used evidence, or been faced with it in court, that was gathered on Facebook. And they have many examples to share of clients in divorce and child custody battles who have either had their case helped or torpedoed because of Facebook posts.

In a recent Associated Press article, several divorce lawyers provided these cases in point:

A husband seeking primary custody of his children posted a profile on a dating website saying he was single and childless.

A husband accused of adultery in court denied it and the wife’s attorney didn’t find anything on his Facebook page to prove it. However, when the attorney visited the alleged girlfriend’s page – which was not protected with privacy settings – the evidence was there that the husband had lied about an affair.

A wife in a custody battle had her credibility tarnished when scantily clad photos of her with a variety of different men were downloaded by the husband’s attorney off of her Facebook page.

If you are involved in a Florida divorce or child custody case, be smart about what you post on the Internet. Your Jacksonville Divorce Attorney can guide you so your case will not be compromised.

When you enter into a relationship with a divorce attorney, or any attorney for that matter, there are rules that govern the behavior of both client and attorney. Knowing what to expect, and what not to, is important so you obtain the best possible outcome for your case.

Having an empathetic divorce attorney by your side during every step of your divorce is a basic expectation of most clients. But what specifically should you expect from your divorce lawyer? Here’s a list:

• Educate you about Florida divorce law and how it relates to your case
• Consult with you to devise the strategy for your divorce and/or child custody case
• Handle the investigation into the facts of the case, including the hiring of any necessary professionals like forensic accountants
• Prepare and file all the necessary court documents
• Work with opposing counsel in negotiating a settlement
• Help you and any other witnesses prepare testimony
• Prepare you for court appearances including hearings and trial
• Advise you on what you can expect throughout the process

There are also certain things you should not expect from your divorce attorney, including a guarantee as to the outcome of your case. Your lawyer is also bound by strict legal and ethical codes, so he or she will refuse to do anything illegal or unethical, such as allow you to lie under oath or hide assets.

Anyone who has ever seen a legal program on TV knows that what a client says to their attorney is privileged – meaning that the attorney cannot divulge what he or she has discussed with a client, either of their own free will or by a court order. It is one of the fundamental principles of our justice system.

However, there are some scenarios where the attorney-client privilege is not protected. For example, if a client tells an attorney that they plan to commit a crime (including perjury), that attorney could be compelled to testify in court about that disclosure.

In addition, the attorney-client privilege can sometimes be lost if someone else (other than you or your lawyer) either hears, sees or reads confidential communication between you and your attorney. If, for example, you bring your sister along to your meeting with a divorce lawyer, your privilege could be compromised. This is why a divorce lawyer may ask to meet with you alone.

Also, if you share letters or disclose any confidential information to friends or family, this may jeopardize your attorney-client privilege.

You should also be aware that medical, financial and psychological records may be subpoenaed by opposing counsel, especially if there are questions of domestic violence or child abuse. Medical and psychological professionals who have treated you may be called upon to testify as well.

Your divorce attorney can inform you about confidentiality and privacy rights as they pertain to your case.

According to a recent article in the Detroit Free Press, law enforcement agencies across the U.S. are turning to cell phone forensics for help in criminal investigations and the data they rely on to catch crooks could easily be applied in divorce cases to nabbing cheating spouses or getting your soon-to-be ex on the hook for perjury.

A former hacker named Jonathan Zdziarski has written a how-to manual on retrieving data from iPhones, and has been hired by several law enforcement agencies to teach their officers how to gather data for evidence in criminal cases.

Zdziarski says he focused on the iPhone because of its popularity and because it is more like a computer than a phone. The iPhone automatically stores reams of information about its owners use history, including keystroke data for texts and emails and screenshots of emails the user thinks have been deleted.

Photos taken by an iPhone and posted online can tell investigators exactly what time and where the photo was taken as well as the exact phone that took the photo. Since many iPhone owners use apps that are integrated with the iPhone’s GPS, just about every move an iPhone user makes can be retrieved from the database.

The courts have yet to fully weigh in on the privacy issue with cell phones, although there is an Ohio case on appeal to the U.S. Supreme Court seeking to bar a warrantless search of cell phone data.

Using social media sites like Facebook as evidence in divorce cases has exploded in just the past year; can the use of iPhone data be far behind?

The relationship you have with your divorce lawyer is in many ways the same as you would have with a co-worker or customer and good communication practices help ensure a positive outcome for your case.

Here are some tips to help you communicate effectively with your divorce attorney:

Keep and Provide Good Records – you will need to furnish your divorce lawyer with all your financial information, including assets, debts, income and liabilities. It will be necessary to maintain good financial records – income tax returns, investment account statements, paycheck stubs, bank account statements, retirement account statements, etc. – and provide these in a timely fashion.

Record Your Marital History – your divorce attorney will probably ask you for detailed information on the marriage and may also request that you keep a diary of events during the divorce process. If children are involved and child custody is an issue, it will also be important to provide a parenting history for both you and your spouse. Strive to keep it as objective as possible.

Be Responsive and Available – most of the communication from your divorce lawyer will be in written form. Be sure you respond as quickly as possible for requests for more information, records or whatever is needed to help your case. Let your attorney know what is the best way to reach you, and if you go on vacation or leave for any other reason, let your attorney know that as well.

Participate in Your Case – by being an active participant in your own case and following your attorney’s advice, you better the chances that you will get the outcome you desire.

The Florida Family Courts are courts of equity. The goal of equity courts is to make the parties equal. What exactly does this mean? Generally, this means that family courts are supposed to deal fairly and equally with all the concerned parties. Florida is an equitable distribution state. Equitable distribution falls under Fl. Stat. sec. 61.075. Under this statute, Florida courts will set apart each of the spouse's non-martial assets and liabilities. These non-marital assets and liabilities will be kept separate from the marital assets and liabilities and go to the individual spouse. Non-marital assets include those assets and liabilities incurred prior to the marriage and martial assets and liabilities include those that were acquired or incurred by either or both spouses during the marriage. Marital assets and liabilities are usually divided equally among the couple. However, unequal distribution is possible. To read more on unequal distribution see Is Unequitable Distribution in Florida Possible? Being in a court of equity also means that you are unlikely to get monetary damages because damages are considered a legal, not an equitable, remedy. The goal of equitable remedies is to place the injured party in the position they were in before the injury occurred.

The type of court you appear in can affect your pleadings and causes of action. Contact a Florida Family Law Attorney for legal representation in your family law action. Having legal representation provides better protection for you interests and goals throughout your dissolution, child support, dependency or other family law action

Under Fl. Stat. § 61.075: Equitable Distribution of Marital Assets and Liabilities, Florida courts shall set apart to each spouse that spouse's non-marital assets and liabilities. Generally, courts will distribute a couple's martial assets and liabilities equally among both parties to the divorce proceedings. Equitable distribution in Florida is the norm, meaning this is the starting point for Florida divorce courts. If a party claims that unequal distribution of marital assets or liabilities should be used, Florida courts look to the following factors to determine whether an unequal distribution is justified:

1. The contribution of each spouse to the marriage. This includes the contribution to the care and education of the children and services as homemaker.
2. The economic circumstances of the parties.
3. The duration of the marriage.
4. Whether either party's personal career or education opportunities were interrupted.
5. Whether one spouse contributed to the personal career or education opportunity of the other spouse. For example, if one spouse took one two jobs to pay for a legal or medical education for the other spouse.
6. Whether one spouse wants to keep assets in the same form without any interference.
7. Whether one spouse wants to keep the marital home as a residence for dependent children. This must be in the best interest of the child and financially possible.
8. The contribution of each spouse to the acquisition, enhancement, and production of income of the improvement of, or the incurring liabilities to, both the marital and non-marital assets.

It is important to protect your assets and other interests.Contact a Florida Divorce Attorney for representation in your divorce proceeding.

Being separated does not mean that marital funds that have been accumulated over the marriage cannot be used for mortgage payments, even if only one spouse occupies the home.

When post separation payments are made from income that has been accumulated following the separation, it is usually necessary to determine the date of classification to know if the equity from those payments is considered nonmarital or marital property once the divorce process begins.

The date of classification is the point in time when state law considers that you and your spouse are no longer acquiring marital property. It varies by state and can be:

The date of separation – states that classify by date of separation consider the equity earned by post separation mortgage payments to be classified as nonmarital property;

The date of filing – states that use the date of filing a divorce petition as the guideline consider the equity created by post separation mortgage payments to be marital property if it was earned before the date the petition was filed and nonmarital property if the income earned was after the date of filing.

The date of divorce – states that use the date of the divorce as the guideline consider the equity earned by post separation mortgage payments to be marital property.

Florida uses the Date of Petition for Dissolution as its guideline, so any equity earned by post separation mortgage payments will be considered marital property up to the date of filing, and nonmarital property after the date of filing. A Florida divorce attorney can provide you with more information about marital and nonmarital property status.

Using the childhood reason that “everyone is doing it” as a justification for mimicking that behavior seems to be true for divorce, according to a recent study by a University of California-San Diego professor using data from a portion of the Framingham Heart Study of the 1970s.

Professor James H. Fowler says his research shows that the feelings and actions of one couple’s divorce can transfer like a virus, causing others in their social network to be at a greater risk for divorce.

Fowler and fellow researchers from Harvard and Brown University analyzed the effect of divorce on siblings and found that people with a divorced sibling are 22 percent more likely to get divorced themselves.

In addition, they found that friends have an even greater influence than siblings. The new study found that people with divorced friends were 147 percent more likely to be divorced than people whose friends were still married.

Fowler said that there are several reasons divorce causes a ripple effect in social networks, but the major reason seems to be that when a sibling or friend is observed getting benefits from a divorce, those observing the benefits tend to want to emulate the behavior.

Fowler’s study analyzed data from 5,000 people, and he cautions that this is a small sample. More than one Jacksonville divorce attorney would agree that the findings make perfect sense, because we live in a culture that supports individual happiness and if someone is in an unhappy marriage, the solution is a divorce.

In Florida divorce, some marital assets can present a bigger challenge when it comes to determining how they are divided. For example, traditional pension plans cannot usually be divided immediately, and divorcing spouses who have executive pay packages that may involve contingency benefits like deferred stock options can complicate the asset division process.

A Florida divorce attorney with access to the right financial resources can assist you when it comes to complex asset division. Using professionals like forensic accountants and business valuators can help identify the true value of marital assets and debts.

For example, if a spouse has a traditional pension plan that cannot be divided until they reach retirement age, your Florida divorce lawyer will likely recommend a qualified domestic relations order (QDRO) that will outline how this asset will be divided once it becomes available.

If a spouse owns a business or professional partnership, a business valuator can help determine the true value of the business, which includes not only the assets on hand but also goodwill.

In addition, if an asset one spouse owned prior to the marriage has appreciated in value during the marriage, the value may also be considered a marital asset. And if a separate asset was used by both spouses during the marriage, it may be considered a marital asset as well.

Under Florida Statute § 61.052(1)(b) a dissolution of marriage will not be granted from a party who is mentally incapacitated, unless the party alleged to be incapacitated has been deemed incapacitated for a preceding period of 3 years. The provisions to adjudge a person incapacitated falls under Fla. Stat. § 744.331.

If a spouse has been proper adjudged incapacitated in accordance with the provisions of § 744.331, the party filing for divorce must fulfill the following requirements:

1. Notice of the dissolution must be served to one of the nearest blood relatives of guardian of the incapacitated party. The relative of the incapacitated party shall be entitled to be appear and be heard on the dissolution issues.
2. If the incapacitated party has a general guardian, who is not the person bringing the proceeding, the incapacitated party and the general guardian shall be served with the petition and the summons; the guardian shall defend and protect the interests of the incapacitated party.
3. In the event the incapacitated party has no guardian other than the party bringing the divorce proceeding, a guardian ad litem shall be appointed by the court to defend and protect the interests of the incapacitated party.

It is important to note that in all divorce proceedings granted on the basis of incapacity, the court may require the petitioner – the party who filed the divorce petition – to pay alimony. If you want to file for divorce from a spouse who is mentally incapacitated, contact a Florida Divorce Attorney for legal representation.

Florida is an equitable distribution state. In essence, what this means is that the marital property should be divided fairly or equitably - not necessarily equally. The division of property is based upon all the facts of the case and also takes into account the contribution of each spouse to the marriage. The division of marital property, any asset acquired during the marriage whether by one or both parties, is considered in conjunction with all other awards of both spouses to the marriage.

It is important to know that Florida is a "No-Fault" state, meaning that the infidelity of one spouse during a marriage will not affect how the property is divided. The reason marital fault is not listed under the equitable distribution statute, Fl. Stat. 61.075, is because if the division of property was divided based on fault it would have the effect of rewarding the innocent spouse and punishing the other - this is not the goal of equitable distribution. The Florida Supreme Court has ruled that the purpose of equitable distribution is not to punish an unfaithful spouse.

However, infidelity is relevant if it can be demonstrated that that the adulterer has depleted marital resources because of the affair. For example, one spouse who uses marital funds to purchase items that furthered the unfaithful spouse's adulterous behavior can be used against the unfaithful in a trial court's determination of equitable distribution. The spouse alleging the misconduct must show a casual connection between the other spouses infidelity and the couple's finances.

Consult a Florida Divorce Attorney for any questions you may have regarding equitable distribution.

In Florida, spouses have several options to choose from when it comes to obtaining a divorce. Those options include mediation, trial and a fairly new practice known as collaborative divorce.

In a Florida collaborative divorce, each spouse has his or her own attorney who helps to negotiate an acceptable settlement agreement. Each spouse first meets with their own collaborative divorce attorney, who will provide advice and assistance in reaching a negotiated settlement. Then, the couple comes together with their respective attorneys in a series of meetings to arrive at a mutually agreeable decision on every aspect of the divorce settlement, including property division, debt settlement, child support, child custody, spousal support, and so on.

There may also be other professionals involved in a collaborative divorce, including accountants, estate planners or child therapists. The goal of collaborative divorce is to settle a case without litigation.

Collaborative divorce is also a useful tool for saving time and money. Even if you and your spouse do not agree on every issue, you can still use a Florida collaborative divorce as a tool to negotiate a compromise without having to go to court to have a judge decide the issue for you.

The State of Florida has made it possible for certain couples to divorce via a simplified dissolution of marriage. However, Florida couples that wish to divorce without the services of a Florida divorce attorney must meet certain criteria:

• Both must agree to a simplified dissolution of marriage;
• The couple must not have any children under the age of 18 or dependent children;
• They must not have any adopted children under 18;
• The wife cannot be pregnant;
• Either the husband or the wife must have been a Florida resident for at least the past six months;
• Both must agree on the division of property and settlement of debts;
• Neither the husband nor the wife is seeking alimony;
• Both must agree that the marriage is irretrievably broken and want to end the marriage.

If all these conditions are not met, then Florida couples that wish to divorce must follow the state’s regular dissolution of marriage process.

If these conditions are met, then a couple can contact the clerk of the circuit court in their area to obtain the necessary forms to file with the court. Couples are responsible for ensuring that the proper forms are filed correctly, and will be required to appear before a judge for a final dissolution to be granted.

A Jewish Israeli man recently broke the country’s record for the highest number of divorces – again. Previously, the record for the most number of divorces for one person was seven. This unnamed man has now been divorced eleven times. He reportedly told the Rabbinical court that he usually divorces his wives after two years and remarries as soon as possible. He appears to be addicted to the “experience” of meeting and courting a new wife.

The man reports that he has never experienced any difficulty in finding a new wife, and he has never paid any alimony or child support, even though he has been ordered to do so. His most recent ex-wife claims that he never worked while they were married, living off of her earnings and running up a large debt. The Rabbis did praise the man for going through all the appropriate religious procedures for getting a divorce, including issuing his wife a Get. He plans to remarry. Find out more about his marriage plans at Record 11th divorce granted to Jewish Israeli man.

Marriage is a serious commitment and divorce is a painful and difficult experience. It is strange and sad that this man takes it so lightly. If you are considering divorce, please contact our firm to discuss your case with a Florida Family Law Attorney.

New research from Wake University shows that men suffer more stress in a rocky relationship than women and have a harder time accepting a break-up.

The new study, published in the June issue of the Journal of Health and Social Behavior, examined the relationships of 1,000 college-age Florida men and women. Researchers discovered that when a relationship is troubled, men are likely to suffer more than women because they do not have the same support system that women do.

The research also showed that when a relationship bottoms out, men are more likely to turn to substance abuse to cope. Women are more likely to become suffer from depression when the break-up of a long-term relationship occurs.

The men involved in the study were more likely to have divorced parents, making them more sensitive to the frailties of relationships, according to lead Wake Forest researcher Robin Simon. They do not usually have the same support network of friends and family that women do, and rely more on the emotional support of a romantic partner, making it tougher on them to cope when the relationship sours.

If you are involved in a rocky relationship and are contemplating a divorce, contact a Jacksonville divorce attorney to learn about all your legal options.

Florida divorce courts are no different than many other states when it comes to encouraging couples to settle their divorces via mediation or collaborative law: they’re for it. And while I usually urge divorcing couples to consider mediation or collaborative divorce, there are some instances when going to court is the right move:

When A Spouse is Abusive – If someone is seeking a divorce from an abusive spouse, chances are that they are easily intimidated by that spouse and will have trouble sticking up for their rights in a mediated or collaborative divorce process. In this case, it is usually best to have a divorce attorney as your advocate.

When A Spouse is Uncooperative – Unfortunately, in some cases, a spouse will be particularly vindictive and spiteful and want to “punish” the other spouse in the divorce. Some spouses may refuse to communicate with each other at all. In these cases, there is no good faith basis on which to proceed with a mediation or collaborative divorce.

When A Spouse is Missing – If one spouse simply disappears, it is obviously not possible to engage them in conversation about a divorce. In this case, the spouse left behind would need to go to court to obtain a judgment to terminate the marriage.

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.

As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.

In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:

Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.

Physical Custody – Physical custody means that one parent is given the right for the child to live with him or her. In some cases, joint physical custody is awarded – usually when both parents live near each other and the child’s life will not be unduly interrupted. In sole physical custody cases, the child lives with one parent and the other parent is granted visitation rights.

Sole Custody – A parent can have either sole legal custody or sole physical custody, or both if one parent has a history of unstable behavior such as physical or substance abuse, or criminal behavior. The courts usually prefer that parents share legal custody so both continue to play a significant role in the lives of their children.

Joint Custody – Parents can have joint legal custody, joint physical custody or both joint legal and physical custody. Parents who share joint custody usually work out a schedule based on the child’s needs, which is approved by the court. The advantage of joint custody is that it keeps both parents involved in the child’s life. Disadvantages can occur when one parent is uncooperative or harbors significant ill will toward the other, which can result in serious negative effects on the children.

Florida divorce mediation is becoming increasingly popular because of its many benefits, including the fact that it takes less of a toll on a divorcing couple’s finances and emotions. But how do you know if divorce mediation will work in your particular case?

Years of experience as a Florida divorce lawyer has taught me that a couple may be a good candidate for divorce mediation if:

Both spouses want a divorce – if the decision to divorce had been made mutually, it is usually easier for a couple to successfully work together in mediation.

Both spouses want to remain on good terms with each other – this can be a motivating factor for a successful mediation.

Both spouses know their financial situation – if one spouse knows more than the other about their finances, the less knowledgeable spouse can feel at a disadvantage and is more likely to question any financial settlement. If both spouses have a good grasp on their financial reality, negotiations go much smoother.

Both spouses have been honest in the marriage – if one or both spouses has a history of lying to the other so trust is a big issue in the divorce, they are not usually a good candidate for mediation, which relies heavily on trust.

Neither spouse blames the other for the divorce – mediation will not work well if one or both spouses are bent on placing blame on the other for the divorce, and seeking punitive damages in terms of a better property settlement.

Neither spouse has a history of abuse – any kind of abuse history in a relationship – physical, verbal, alcohol or drug abuse – will likely undermine the trust and good faith needed to successfully mediate a divorce action.

Seeking the advice of a divorce or family law attorney may be helpful in calming you in the mediation process. Sometimes lawyers are used merely to get a spouse through mediation to help weed out the legal matters behind the emotions.

When couples decide to divorce – especially when the split is acrimonious – it is not uncommon for one or both to accuse the other of hiding assets. Certainly it is not unheard of for one spouse, anticipating an eventual divorce, to actively hide assets from the other in an effort to come out of the divorce with more financial benefits.

There are a number of common ways that a spouse may hide assets including:

• Hiding cash
• Setting up accounts at unfamiliar banks using the children’s names
• Setting up retirement or investment accounts as the sole owner
• Parking income with family or friends
• Having an employer withhold a raise, bonus or stock options until a divorce is finalized
• Purchasing antiques or other collectibles that are typically undervalued or overlooked

If one spouse owns a business, they may also try to hide assets by:

• Paying a salary to a nonexistent employee or vendor
• Paying a family member or friend who then saves the cash for them
• Skimming cash from the business

Many divorce lawyers utilize the services of forensic accountants or private investigators to discover hidden assets. However, the best defense against hidden assets is when both spouses have joint control over their finances and understand exactly how much income they have and where it goes.

If you are considering getting a divorce in Florida and using mediation, you may be wondering if you need an attorney. Legally, the answer is no. But if you’re smart, your answer is yes, you do need an attorney – as an advisor more than an advocate.

Before you begin your Florida divorce mediation, you should consult with a lawyer to be sure you are well educated on your legal rights and the mediation process. A Florida divorce lawyer with mediation experience can:

Explain your options – a mediation lawyer can help you with the mediation process, explain your options, help you find a mediator and help you persuade your spouse to use mediation if necessary.

Be a coach – a mediation attorney can act as a legal “coach” during your mediation, helping your prepare and answering your questions.

Evaluate agreements – before you sign any legal agreement, you need to have a trusted legal advisor go over it to make sure it has everything you want in it and is likely to pass muster with the court.

Prepare documentation – if your mediator does not provide this service, a mediation lawyer can help you prepare your divorce documents and interface with the court on your behalf.

The news that Al and Tipper Gore are divorcing after 40 years of marriage highlights some important considerations for those who divorce later in life. While the reasons for divorce may be the same as younger couples, the implications can be far different when it comes to dividing assets.

It is generally true that the older the couple, the more assets there are to divide. Florida is an equitable division state, which means that each spouse owns the property and income earned during the marriage. However, ownership is not the sole deciding factor when dividing property in a Florida divorce. A judge will usually assume that the property is to be divided fairly – and that doesn’t always mean equally.

Who gets the house takes on added meaning when a divorcing couple is older. The benefits for older people owning a home include tax exemptions and benefits, reverse mortgage eligibility and access to equity.

Dividing retirement assets can be more complicated for divorcing couples that are nearer retirement age. If any loans have been taken against a qualified retirement plan, those should be repaid before any settlement. You should consult with your divorce attorney to find out if and when any distributions can be taken without tax penalties, and if survivor benefits apply after the divorce.

In general, there is a greater need for careful financial planning when older couples divorce, so retaining a Florida law firm that has both family law and estate planning practices available to you may be worth considering.

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.

Divorce in Florida, especially alimony, could be changed with a flick of a pen by Governor Crist. Alimony is being changed through House Bill 907, which has already passed the House and Senate.

Florida's alimony laws have been under scrutiny for some time because Florida does not have a calculation for amount of payments or length of payments. While a calculation is still not in sight, at least one large and important change is, length of alimony for those in a "grey area." If any of you have ever contacted an attorney about your need for a divorce, then most likely the conversation of alimony has come up.

In Florida, alimony is determined by a number of factors, one of which is the length of a marriage. Short-term alimony can be assessed for marriages less than 10 years and permanent alimony is often awarded when the marriage is 15 years or more. So, what has happened is a "grey area" has come into existence for couples who have been married 10 - 15 years.

Florida House Bill 907 has language that provides for a change in the law so that courts can actually determine the number of years to award alimony for those falling within short-term marriage and the grey area marriage. This will assist both sides because it will relieve some of the stresses of either needing money or paying money. At least now, there will be a definitive timeframe for such payments.

If divorce is on the forefront in your life, meeting with an attorney is crucial when laws are changing. Make sure you know your rights and what to expect in the divorce process.

Florida alimony is due for a facelift and this year's legislation has decided to do the work. Currently, Florida House Bill 907 is sitting on Governor Crist's desk for a signature. What does this mean for those who may receive or pay alimony?
Well the main change will be that "Bridge-the-Gap" alimony, which historically is designed for a determinable (by the Court) period of time to provide for support from married to single life. Now, the time-frame will be defined with a stroke of Governor Crist's pen.
According to the intent of Florida HB 907, "Bridge-the-Gap" alimony will no longer be dependent on issues surrounding the divorce, but simply a two (2) year time frame. This type of support will be available for no more than two (2) years. While some who are recipients of this type of alimony may be cringing as they read, the reality is that this may not be a bad thing for either party. The reason is, if you become too reliant on money that is only there for a short period of time, previously 1 - 5 years, then it will make the inevitable transition that much more difficult. Knowing that you only have, no matter what, 2 years to rehabilitate yourself from married to single life, actually gives you a timeframe to see where you're going and when you need to get there.
The pie in the sky can be a bitter sweet transition in the family law world. However, what about the reality that some individuals may need more education? Well, rehabilitative alimony is getting a few nips and tucks, but it is still going to be an option.
The difference between "Bridge-the-Gap" and "Rehabilitative" is that the first is designed to smooth the transition so that you have additional income to help support your bills until you can get them reduced. The latter, rehabilitative, is designed for the individuals that need just that, rehabilitation into the working world. For some couples, one may not have finished college because s/he was supporting his/her spouse and now to get back into the working world s/he needs to finish school. This may be a two year process or a five year plan, it is dependent on the need and history of the marriage (length, standard of living, educational history, etc.).
Due to possible changes in the Florida law, it is vital that you find out your options from someone qualified to inform you of them. Contact an attorney about when these changes, if signed, will take affect and how they may affect you.

Florida child support is not designed to hurt your bank account. In Florida, child support guidelines use the incomes of the parties with a few credits given: childcare costs (who is paying?) and health insurance (who is paying?).
First, the income of the parties and their percentage to the overall household is how guideline support is determined. For instance, if you W makes $50,000 per year and H makes $50,000 per year, then the combined income is $100,000 per year and each is contributing 50%. So, if the child support calculation is $1000.00, then the parent without the majority of time with the child will pay $500.00.
The cost of child care is factored in, and the person paying gets a 75% credit of the money paid. Therefore, if childcare is $100 per month paid by W, W will get a credit of $75.00. The same is true with insurance payments.
Child support is based on the monthly income of the parties since child support will be paid monthly. Payments can be made on the payroll cycle of the responsible party.
Child support is NOT designed to put money in the other party's pocket. It is actually calculated to provide for a portion of the child's expenses, including but not limited to: a roof, utilities, food, gas in a vehicle to get the child to/from school, clothing, school supplies, shampoo/conditioner and toothpaste. It is everything the child needs and would have if the child's parents were still living in the same home. The child's well-being should not be and is not dependent on a on one-income household simply because the child's parents are no longer together.
If you have questions about child support, establishing or modifying what is owed, you should contact an attorney for a true calculation to be completed on your behalf.

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.

Same-sex marriage in Florida is not recognized. 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, Floridian 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 inacted 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 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 consitutional 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. If the couple was legally married in Vermont, they have to return to Vermont to establish residency for at least six months before filing for dissolution and must live in the State for at least one year prior to the final order. to meet the residency requirements of the State Court system.
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.

Florida children that are the product of divorce are now a familiar with
visitation planning. Florida timesharing plans came into law in 2008 and
were introduced to help ease the need for a custodial parent to be
determined. It was also developed to keep the children's interest in
the forefront of the divorce or child custody action. The question is, in a world not capable of consistent time management, how are the children really impacted by
this plan change?
In 2010, in Florida and throughout the US we, as a society make work more important than our kids and our health. Time
management becomes important when exercising timesharing with your
children. Calendaring your days, your child's activities and family
gatherings/vacations. To make the judicial system work for you, manage
your time with your kids as if they are the next customer to contract
with you. You would not blow off a meeting with an investor so don't
do it to your kids.
If you see that there is a constant issue with your timesharing plan,
then modify it. If there is a substantial change in circumsance,
modifications of your final order are allowed. Do not become a victim
or allow your child to become a victims if a poorly executed
timesharing agreement, contact an attorney regarding your options.

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.

Filing for divorce, child support or timesharing modifications in Florida require that you be a resident of the state. Residency is determined based on Florida Statute 61.021, which requires that an individual be a resident of Florida for at least six (6) months prior to filing an action within the State Court.
Residency can be determined by a number of factors, the most common of which is your drivers license. If you have moved to Florida, make certain to get your new drivers license immediately, so that you can prove your residency when the time comes.
Another way to prove residency is by providing a lease agreement, utility bills, or by having an affidavit signed by a neutral third party that can verify you have lived in the State for the required period of time.
There are emergency situations that can provide access to the Court without meeting the residency requirements, but meeting those requirements can be challenging.
If you have just moved to the State and are in need of any family law services (divorce, child support modification, etc.), upon consulting with an attorney be certain to let him know when you moved to the State. That way you are getting the most accurate information at the beginning.

In accordance with Florida Statute 61.183,the Courts have the ability to send contested matters, such as equitable distribution, timesharing, etc. to mediation. Mediation is a place where both parties can work at reaching a settlement agreement. The parties and their attorneys present to a mediator (a neutral third party) that assists both sides in finding common ground and determining whether the contested issues can be resolved without the need for trial.
This process is helpful to the parties involved because it allows them to have a little more control over the outcome of their case than if they were to present their sides in trial and the Judge ultimately makes the final decision. Mediation is a great way for parties to also work through some matters that the Court is not required to hear (setting up college tuition for the children).
Another benefit to the mediation process is that the parties ultimately understand that the other is giving something up to help reach an agreement. This can be good for ongoing relationship building, especially when the parties have children together.
While this is generally a tactic used by the courts to limit the excessive trials they have, it is a tool that can also be utilized and agreed upon by the parties without the Court first ordering it.

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.

Recently, a Long Island doctor donated his kidney to his wife to save her life. Eight years and one extra-marital affair later, the doctor demanded the return of his kidney or $1.5million in compensation in their divorce lawsuit. His claims are presuming that his kidney will always be his property, and that this property was "on loan" to his wife.

In California, a man attempted to cut out the breast implants he bought for his ex-girlfriend. He asserts that he was trying to recover what rightfully belonged to him, since he paid for the augmentation. The ex-girlfriend suffered six stab wounds; the scorned lover is being prosecuted for attempted murder.

I published an article about compensating people who contribute body parts for the advancement of science and medicine, entitled Stealing What's Free: Exploring Compensation to Body Parts Sources for Their Contribution to Profitable Biomedical Research. In general, these contributions are considered gifts: the source does not get compensated, and does not get the body parts back. In analyzing the two headline-making stories above, I would fathom a guess that these guys are out of luck. The intent of donating the kidney and funding the breast augmentation was to give a gift--once given, it can't be taken back. From the reports I've read, I would be shocked if a court ordered these women to undergo surgery to return the gifts.

Gregory Hood was an Orange Park, Florida man who was in the process of getting a divorce from his wife, who has not been named. Ms. Hood had already found a new boyfriend, Robert Williams, but according to Clay County deputies, Hood was angry about the divorce and jealous of his estranged wife’s relationship. That is apparently what drove him to shoot Williams and then himself in the Argyle area of Orange Park recently.

Robert Williams’ body was found in front of a home on Summit drive. Deputies reported that he appeared to have been shot several times as he was getting out of his car; he was on the phone with Ms. Hood at the time of the shooting. Williams’ roommate called the shooting in to police, saying that he had heard about four or five gun shots.

Gregory Hood was quickly identified as the suspect, but when deputies arrived at his home, about eight miles away, they found him dead of a self-inflicted gunshot wound. Clay County Sheriff's Office Sgt. Wayne McKinney confirmed that "There was some jealousy involved" in the incident.

Emotions can run very high during a divorce, but violence is never the answer. If Hood had reached out for help, two lives might have been saved. You can read more details of the crime at Murder-Suicide IDs, Motive Released .

If you are thinking about getting a divorce, please contact our Jacksonville, Florida law firm for legal counsel.

The National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.

Representative Darryl Rouson, a Democrat from St. Petersburg, Florida, recently introduced a bill to the Florida House that would help protect Florida’s children from parental abductions. House Bill 787, also called the “Child Abduction Prevention Act” gives judges more discretion to fight familial child abductions.

The act identified risk factors that the courts may consider in a child custody case, to determine if a child is at an increased risk of abduction by the non-custodial parent or other family member. If the judge determines that there is a real risk of domestic or international abduction, he or she may put in place preventative measures that will help keep the child safe. These can include requiring the non-custodial parent to seek written permission to travel with the child across state lines, or to post a bond when travelling out of the country with the child.

Representative Rousson says that if the bill becomes law, Florida can expect to see a reduction in abductions, as well as the court and law enforcement resources required to deal with them.

Read more details of the proposed bill to protect children from parental abduction at Representative Rouson files The Child Abduction Prevention Act.

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

If one person does not agree to the relocation, the parent must file a Petition to Relocate Minor Children with the court. The petition must be served on any parties who are entitled to partial custody or visitation with the child. The petition must include the proposed new location, the date of the requested relocation and give detailed reasons for the request along with any evidence of the cause of the relocation, such as a new job offer. It must also include a proposed visitation schedule, including proposed travel arrangements.

The other parties served with the petition have twenty days to object to the court in writing. If they fail to do so the court will allow the relocation, as long as it is in the best interest of the child. If you would like to relocate and are subject to a child custody agreement, it is best to consult a qualified attorney who can help make sure all of your paperwork is in order and that you are in compliance with the law.

Read more details of the Florida law governing relocation of minor children after divorce at Florida Laws Regarding Relocation After Divorce.

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

Espia Gatson is one of twenty one speakers who take part in the Jacksonville Faces of Homelessness Speakers Bureau. The bureau was formed to bring to personal stories of Jacksonville’s homeless to the school groups, Rotary lunches, and other events that are usually addressed by civic leaders and celebrities.

Gatson wears a suit and tie when he addresses audiences, like the forty second graders he addressed recently. He told the children about how, despite a previously successful career, his divorce in 2003 sent him into a financial and emotional downward spiral that left him living on the streets and in homeless shelters until just a month ago.

As part of his talk, Gatson asks the children to close their eyes; when they open them he is dressed in torn clothing and a battered hat. He asks the children if he is still the same man inside. They answer with an enthusiastic “yes.”

Gatson says that he participates in the program in order to keep other people from going down the same path he did. If he reaches only one person he will be satisfied. Divorce can be a difficult time both emotionally and financially. Seeking the help of an experienced divorce attorney as well as a qualified counselor or therapist can help head off some of the issues that can leave a person helpless and homeless after a divorce.

Read more about Espia Gatson and other speakers in the Jacksonville Faces of Homelessness Speakers Bureau at Speakers share stories about being homeless in Jacksonville.

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

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.

I recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at temporary relief hearing. If either of the parties fail to provide the required information, the court may dismiss the case or not consider the requests of the non-compliant party. Both parties to the divorce or the court can change these requirements, except for the financial affidavit, which is mandatory if financial relief is sought in the case.

Couples may agree on all terms before or soon after the initial petition is filed, in which case they sign a written agreement which is presented to the court. In these uncontested cases, the divorce can be made final in just a few weeks. If the parties cannot agree, they may be required to seek mediation and may end up in a trial before a judge.

The more a couple can agree on, the easier the process is for them and for any children involved. Find out more about regular dissolution of marriage in Florida at Divorce In Florida.

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

Arnold Rice Sharkey, a veteran officer of the Jacksonville police force, was arrested recently and charged with aggravated assault with a deadly weapon and domestic aggravated assault. Officer Sharkey allegedly used his Chevrolet as a weapon against his estranged wife, Victoria Sharkey, and her brother.

According to Ms. Sharkey, who filed for divorce in January of 2009, Sharkey visited her at her place of employment earlier in the afternoon that same day. He later drove by her office again just after five pm and then parked down the street from the entrance to the building.

When her brother picked her up from work at 5:30 pm, Sharkey allegedly attempted to block Ms. Sharkey and her brother from leaving with his car, then went around behind their vehicle and pursued them down New Berlin Road, bumping their vehicle from behind. After bumping the vehicle three times, Sharkey’s vehicle flipped over and landed in a ditch.

Sharkey was taken to Shands Jacksonville for treatment of his injuries, and was later taken to jail. Sharkey told police that he went to see his wife because of a custody dispute; he said that she was not allowing him to see their children, and he hoped to convince her to take him to see them.

Read more about this alleged incident of domestic violence over child visitation issues at Jacksonville officer charged in ramming vehicle in domestic incident.

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.

Many married couples in Jacksonville, Florida and across the country own businesses together. But spending all day together working and then coming home to family responsibilities at night can either help a business and a relationship thrive, or destroy both.

Some Florida couples find it easier to agree not to take work home with them in the evening. Giuliano and Pamela Zaratin own a restaurant in Del Ray Beach. When they leave work in the evening they don’t talk about it until they return the next day. They also split their time at the restaurant so that they can share parenting responsibilities without relying too heavily on daycare.

Money is a big issue in a marriage, and that can be amplified when the couple is in business together. Experts advise that the more conservative partner be in charge of the finances. Keeping each other informed about the financial situation at home and at work is critical too.

Finding time alone together when running a small business can be especially challenging. The Zaratin’s say that communication and mutual support keep them going. They believe that the day they stop talking is the day they will draw up divorce papers. Read about more Florida couples who own businesses together at Couples in business together share ups and downs.

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

Even in a booming economy, couples on the verge of divorce might worry about how divorce will affect their finances. When the economy and the housing market are bad, as they have been in Florida lately, many couples may believe that they just can’t make it without two incomes, no matter how unhappy they are in their marriage.

This problem is only exacerbated for families who are upside down on their mortgages. The Florida housing market has been hit particularly hard in the last few years, making properties across the state undervalued compared to their mortgage notes. Investments and savings have been hit hard as well.

When it comes to divorce, Florida is an equitable distribution state, meaning that all marital assets are divided equitably between divorcing spouses. For many Florida couples, the only things that will end up being divided between them are their debt payments.

Financial dependence is not a good reason to stay in a loveless marriage. There are other options:

• Credit counseling can help couples or individuals set up a payment plan with a lower interest rate for consumer debt.
• Mortgage refinancing, if it is an option, can help lower both your debt obligation and your monthly payments.
• Short selling your home is another option for getting out from under an upside down home mortgage and starting with a clean slate.
• Bankruptcy, either chapter thirteen or chapter seven, may be an option that could save your home and clear your debt obligations.

If you are afraid to file for divorce simply for financial reasons, it may be best to discuss your options with a family law attorney. Get more tips and advice for handling your finances after divorce at SEEKING A DIVORCE AND FINANCIAL INDEPENDENCE IN A DOWN ECONOMY.

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

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

The actual divorce process is an emotionally trying time for the parties involved. Floridians often do not know their rights and responsibilities in a divorce. While court clerks and judges can answer some questions, they are prohibited by law from giving legal advice.

A Florida family law attorney can answer your legal questions and advise you on your rights, your children’s rights, your property rights, your responsibilities and even your tax liabilities during a divorce.

Before filing for a dissolution of marriage, it is prudent to make sure that you have tried as hard as you can to save your marriage. Professional marriage counselors can help you and your spouse work out your difficulties and make your marriage stronger than ever. Many Florida communities and religious organizations offer free or inexpensive counseling services to help save your marriage. Your lawyer can also recommend a qualified professional in your area. Find out more about this topic at Divorce In Florida.

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

One of the primary concerns for couples considering a divorce in Florida is the potential costs. In light of the poor economy this is a very valid concern for many Florida couples. If you decide to file for divorce your filing fee is going to be right around $400. You will also need to have a summons issued and served on your spouse by the sheriff or a process server, which will cost around $50. You can pickup all of the required forms at the clerk's office for about $20 or you can go online and print them for free. There are a number of Attorneys in Florida who will review your forms for you to ensure they are filled out correctly for around $150-$500 depending on the attorney. If all goes well you can get divorced for right around $600.

However, divorces rarely proceed without a few bumps in the road. That is why people hire Florida Family Law Attorneys. In addition, the Florida rules of civil procedure and family law rules are confusing for most people. It is beneficial to have an attorney explain the dissolution process in depth so you will understand your rights and develop the best course of action to guarantee your rights are protected. The average retainer for family law attorneys in Florida to handle a dissolution of marriage is anywhere between $3,000 to $5,500 depending on the issues involved in your case any the potential issues the attorney may spot after an initial consultation. In some cases there are couples who have worked out most of the divorce issues prior to consulting with an attorney and they simply want the attorney to help them through the process and finalize everything in accordance with Florida law. This is generally what is considered an uncontested divorce. Depending on the attorney you may be able to get by with a retainer of only $1,500 to $2,000. Keep in mind though that even uncontested divorces can become contested while going through the process if one of the parties changes their mind about the issues involved. In that case your legal fees will increase.

It can be really hard to predict how much a divorce will cost before all is said and done. However, a Florida Family Law Attorney can help you understand the process better ultimately save you time, money, and an adverse judgment that may be with you for a lifetime.

If you would like to speak with a Florida Family Law Attorney regarding a divorce, visit our website and schedule a consultation.

Florida speed skater Jennifer Rodriguez, nicknamed “Miami Ice” never expected to be back in the Olympics at thirty three. After her disappointing eighth place finish in the Turin games in 2006, she had hung up her skates. But two years later she returned to skating at the urging of her husband, KC Boutiette. She was ready to try for Olympic gold again.

But since 2008, Ms. Rodriguez has suffered a series of life tragedies that have threatened to keep her from the Olympics. The first blow was when Ms. Rodriguez and Boutiette divorced after six years of marriage. The divorce led to mounting financial problems, and when her mother died of breast cancer she almost considered quitting. But at the very end of 2008 she won a gold medal in the 1000 meter event at the World Cup in Japan. She was then ready to go on to the Vancouver Olympic Games, where she competed in the 1000 meter, 500 meter, 1500 meter and the Ladies Team Pursuit.

Divorce is never easy, and even though Jennifer Rodriguez did not win the Gold at the 2010 Winter Olympics, she has shown her fans that there is life after divorce. You can read more about Miami Ice’s trials and triumphs at Jennifer Rodriguez skates past sadness to Olympics.

If divorce is in your future, please contact our Jacksonville, Florida law firm for legal counsel.

Bob Howat, a marriage and family therapist from Fernandina Beach, Florida, recently shared his tips for avoiding the negative effects of anger. As a marriage counselor, he agrees with other experts that unchecked anger can unnecessarily lead to divorce.

Of course, some anger is healthy and natural, such as when it is part of the grieving process after a death or divorce, but if anger stays around too long it can become debilitating. Howat counsels couples that anger is often a choice, and teaches an “ABC” method for avoiding unnecessary anger. It is based on the Rational Emotive Behavioral Therapy model developed by psychotherapist Albert Ellis.

The ABC method is actually made up of 5 steps, which include:
A. An Activating experience or event
B. Beliefs and/or thoughts about A
C. Emotional Consequences - how you feel
D. Consciously Disputing B
E. Embodying a new, more rational, feeling instead of C

For most people, when something bad happens (A), they become angry (C). These people believe that A is what is making them angry, when it is really B, what they are telling themselves about A, that is making them angry. For example, if someone cuts you off on the freeway, you may believe that they are a jerk and treating you poorly, which deserves an angry response. If, on the other hand, you believe that you should be disappointed in the other person’s driving skills, or concerned for the driver’s safety, you will not get angry – and on the highway that could save lives.

When dealing with your spouse, stopping to think about the ABCs can diffuse arguments and remind couples that they don’t have to be angry to make a point or to ask their partner to change his or her behavior. Read about these anger-management tactics in more detail at Coping: The ABCs of anger.

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

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

Read more about the co-parenting help line at Help line lessens tensions.

If you are involved in a divorce or child custody negotiation, please contact our law firm for legal counsel.

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.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

It is probably also a good idea not to start your home search until you are aware of the total child support, alimony, and debt payments you will be required to pay or be entitled to receive. Read more tips for purchasing a home during a divorce at Buy a New Home During Divorce.

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

Evander Holyfield was once the world heavyweight boxing champion. Now he is involved in another type of battle; this one is to save his third marriage from heading toward divorce. After a series of public foibles, Holyfield and his third wife, Candi, are scheduled to appear on the Dr. Phil show to discuss their faltering marriage.

In a statement, the couple said that they admired Dr. Phil’s “heartfelt approach” in helping couples in trouble. Dr. Phil is a former psychologist made famous by appearances on the Oprah Winfrey show. Several years ago Dr. Phil was awarded his own television talk show where he helps people deal with difficult times in their lives.

The Holyfield’s are expected to open up about their less-than-perfect private life, including how Holyfield struck his wife recently. Critics accuse Holyfield and his wife of seeking attention rather than real healing, and point out that an abusive relationship and a troubled marriage cannot be saved in a one hour television show.

While not everyone agrees with Holyfield’s method of trying to save his marriage, long-term private couple’s counseling is a positive step that may help save some marriages from divorce. If your marriage is past saving, please contact our Jacksonville, Florida law firm for legal counsel.

Find out more about the Holyfield’s appearance on the Dr. Phil show at Hide behind the sofa: The Holyfields are coming clean.

Benny Hinn is a world famous televangelist and perhaps one of the best known “prosperity gospel” advocates on television. Prosperity Gospel leaders teach their followers that belief in God will be rewarded with material wealth. Hinn’s Pentecostal broadcasts are seen and heard by millions daily.

Recently his wife of thirty years, Suzanne Hinn, filed for divorce from her husband, citing irreconcilable differences. The court filing did not bring up finances, but Hinn’s ministry is believed to be a multi-million dollar operation. The couple reportedly own three homes in Southern California.

Hinn’s finances have already been under scrutiny by Iowa Republican Senator Charles Grassley of the Senate Banking Committee. Grassley is looking into whether or not Hinn and other wealthy televangelists have complied with non-profit tax rules. Hinn maintains that he is in complete compliance with IRS regulations and that eighty eight percent of the money he raises goes to church causes.

The Pentecostal community has suffered a number of public divorces and moral failings by its public leaders in recent years, and Hinn’s followers are likely to look for a meaningful, public explanation for the couple’s divorce. You can read more about the public divorce of Prosperity Gospel televangelist Benny Hinn at Wife of televangelist Benny Hinn files for divorce.

If you are divorcing your spouse, please contact our Jacksonville, Florida law firm for legal counsel.

Former Model and Dancing with the Stars contestant Heather Mills and musician Paul McCartney have failed to reach a settlement in their long and bitter divorce. That means the British celebrity couple will likely end up in a public courtroom battle before a judge. A source close to the couple reported that all attempts to settle have been exhausted and the couple will not meet again until their court hearing.

The main reason the two failed to reach a settlement is reported to be Ms. Mills’ reluctance to agree to a confidentiality clause that would prevent her from speaking publicly about her marriage to the former Beatle. Sources say that Ms. Mills would like to write a book about her marriage. She would also like to retain the right to defend herself against public attacks concerning her marriage and divorce.

Reportedly, McCartney offered Ms. Mills over $100 million if she would sign the confidentiality agreement. She countered by saying she would accept a $15 million lower settlement without signing the agreement.

If the divorce goes to court, the judge will make a settlement order, which may be appealed. The settlement is expected to be one of the largest in UK history. The two are being represented by the same divorce attorneys who handled the divorce of Princess Diana and Prince Charles over ten years ago. You can read more details of this celebrity divorce at Money can't buy McCartney silence.

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

Superstars Jennifer Aniston and Gerard Butler are reportedly ready to move in together and settle down. According to sources close to Aniston, the former Friends star suggested to her new beau that the two move in together while contemplating a more permanent arrangement.

Aniston has been rather famously single since her marriage with Hollywood Heartthrob Brad Pitt ended nearly a decade ago. But she has told friends recently that she believes she needs a man in her life again. She has reportedly let Butler know that when he is ready for a commitment, she will say “yes.”

In the meantime, Aniston’s lawyers are said to be drawing up a prenuptial agreement to protect the actress’ fortunes. Friends of Aniston’s say that she wants the agreement so that she can be sure money will never be an issue between the couple. She feels that having the agreement in place will help things move more quickly once the two are ready for a larger commitment.

Prenuptial agreements are a good investment and can help you feel more comfortable going into a marriage. They do not have to be adversarial in nature. If you are open and honest with your significant other about your concerns, a prenuptial agreement can actually help you provide for an amicable dissolution should it ever come to that. Although marriage is supposed to be romantic, the true nature of marriage is a partnership. That is why there are a number of tax advantages and benefits to being married. It should be approached to a large degree as a partnership in which both parties should be protected. Not all prenuptial agreements have to cut one spouse off while the other gets everything. You can actually resolve a lot of the issues that come up in divorce before it ever gets to that point. This may save you a bunch of attorney's fees if the marriage should fail. If the marriage lasts, then you have nothing to worry about. A Florida Family Law Attorney can answer questions you have about prenuptial agreements.

Read more details of the planned cohabitation of Aniston and Butler at Jennifer Aniston and Gerard Butler Plan ‘Trial Marriage.’

If you are considering marriage and would like more information on prenuptial agreements, please contact our Jacksonville, Florida law firm for legal counsel.

Joseph Reyes of Chicago Illinois was raised Catholic, but converted to Judaism when he married his wife, Rebecca, who is Jewish. The couple is now involved in a bitter divorce battle, which includes questions about which religion their daughter will be raised in. The family law judge assigned to the case, Edward R. Jordan, had barred Reyes from taking his three year old daughter to church.

Reyes defied the order and was brought back to court on charges of indirect criminal contempt. He has pleaded not guilty to the charges. If found guilty, he could face six months in jail. Reyes asked to have his contempt charges heard by a different judge, and Judge Elizabeth Loredo-Rivera presided over his arraignment.

The girl has been in the custody of her mother since the marriage ended, and has been raised in the Jewish faith. The court order barring Reyes from taking his daughter to church was precipitated when he had her baptized without his wife’s permission. When Ms. Reyes found out about it, she asked the judge for a temporary restraining order. Judge Jordan then imposed a thirty day restriction against Reyes exposing his daughter to any religion other than Judaism.

When Mr. Reyes brought his daughter to church after the restraining order was handed down, he called the media. He was later featured talking about the order on Good Morning America. Ms. Reyes’ attorney has charged that Reyes is not particularly religious, and implied that Reyes is grandstanding. Read more about the case at Dad Pleads Not Guilty on Violating Court Order For Taking Daughter to Church.

If you are involved in a custody battle, please contact our Jacksonville, Florida law firm for legal counsel.

Sergeant Jeffrey A. Grahn of the Clackamas County, Oregon Sheriff’s office was the last person anyone would suspect to go on a shooting spree that ended in him taking his own life. Grahn was a big proponent of trauma intervention, and even taught a course on it at the Clackamas Community College to help volunteers learn how to effectively help people in crisis.

But Grahn and his wife, Charlotte, were in the middle of negotiating their divorce, and the stress apparently took its toll on him. On a recent Friday afternoon Grahn went and found his estranged wife at a bar with friends. He asked her to step outside, where he shot and killed her. He then went back into the bar and shot two of his wife’s friends, killing one and injuring the other. He then left the bar and shot and killed himself outside.

The murder/suicide has seriously affected this small Oregon town. The Sheriff is left wondering why Grahn didn’t take advantage of the employee-assistance program, peer-support team, or chaplain services his office has in place to help officers through personal troubles. To read more about this tragic incident, visit Before his own burst of violence, Clackamas deputy worked in trauma intervention.

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

News of the World, a British tabloid, recently ran a front page story purporting to describe all the details of Brad Pitt and Angelina Jolie’s divorce, including financial and child custody negotiations. The problem is that the Hollywood power couple claims they are not splitting up, and they have filed suit against the paper for making “false and intrusive allegations” about their relationship.

The LA divorce attorney reported by the News of the World to be involved in drawing up separation papers for the couple has made a statement denying any contact with the family by herself or any member of her firm.

According to lawyers for the family, News of the World has refused to retract their story or apologize for their content. Further, the stories have been widely republished, using the original story as source material. The paper has declined to comment about the lawsuit.

Since the rumor has started about the impending divorce, Jolie and Pitt were seen together with their son Maddox in Miami, Florida at the Super Bowl. Read more details about the lawsuit over phony divorce reports at BRAD PITT AND ANGELINA JOLIE TAKE LEGAL ACTION OVER SPLIT CLAIM.

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

Studies have shown that fifty percent of children of divorce in Florida and nationwide have problems later in life that are related to their parents’ split. Author Tony Rassini has just released a new book, entitled "Dad, It's Time to Tell the Truth!" Discover what happens when two parents hate each other more than they love their kids, which he wrote partly to help his son deal with the aftermath of his own “ugly” divorce.

The book is written as a memoir, and follows Rassini’s attempts to be a good father to his four children during and after his bitter divorce. He documents his interactions with lawyers, doctors, and the courts, and looks at how all of these interactions affected his children. In the end Rassini realized that the only thing he had to give his son was the truth.

Divorce is a difficult time for both adults and children. Being age-appropriately open and honest with all family members is the best way to smooth over hard feelings and ensure that all parties can get on with their lives without any lasting scars. Reading about Rassini’s journey can help others going through divorce realize that they are not alone. One of the most important factors in the divorce process is having a family law attorney who will advocate on your behalf while also knowing how to avoid needless litigation which ultimately costs you extensive amounts of money and possibly the respect of your family members.

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

You can read excerpts from the book at Father Loses it All and Mends Relationships with His Children.

In the state of Florida, if a parent has been convicted of misdemeanor, first degree or felony domestic abuse charges, the judge may rule that it is not in the child’s best interest to award custody or visitation rights to that parent. The same is true if the parent is in prison for a crime that would warrant terminating parental rights. If a parent is denied parental responsibility by the courts, he or she has the right to ask a judge to consider evidence that might prove that it would not harm the child to allow the parent custody or visitation rights.

If the parent has not been convicted of a domestic violence or child abuse offense, the judge will generally consider evidence of abuse, even if the accusing party has never filed an injunction for protection from domestic violence against them. The judge will use the evidence to determine what type of parental rights the alleged abuser is entitled to.

If an abusive parent is awarded visitation rights, the other party may request that the visits be limited or supervised. It will be up to the judge to decide whether or not the abuser represents a risk to the child or the other parent that warrants supervised or restricted visitation.

If further violence does occur, the other party may still apply for an injunction for protection against domestic violence. Read more about Florida statutes that pertain to child custody at Can a parent who committed violence get custody (parental responsibility) or visitation (time-sharing)?

If you are involved in a child custody battle, please contact our Jacksonville, Florida law firm for legal counsel.

During the final weeks of the popular dating reality show “The Bachelor”, the young pilot bachelor pays a visit with the ladies to their respective families. Gia, Allie, Tenley and Vienna are the "lucky" finalists this season, and Jake, the bachelor, dutifully travelled to Massachusetts, Oregon, Florida, and New York to meet the families of the women he is dating on the show.

One of the bachelorettes, Tenley, is a divorcee from Oregon. Part of the drama of the show is the idea that Tenley may not be fully over her recent divorce; something Jake will have to take into consideration when making his final choice. When visiting her family, it was clear that they were very protective of her and didn’t want to see her get hurt by another failed romantic relationship.

Contrary to popular belief there is such thing as successful dating after divorce. Public dating on a popular TV show may not be the way most women and men choose to begin dating again after a break up, but there is no question that getting back into the dating scene is a positive step toward healing.

Read the full article, which includes details of all the family visits and a surprise resignation, at The Bachelor's Final Four--Allie walks Away!

If you are thinking of filing for divorce or thinking of getting married, 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.

After three years of a bitter divorce battle, a Connecticut man, Richard Shenkman, allegedly kidnapped his ex-wife, Nancy Tyler, holding her at gunpoint and burning down their former home. He also allegedly burned down Ms. Tyler’s beach house two years earlier. Mr. Shenkman had been ordered by the divorce court to turn the home over to his ex-wife and to pay her $100,000 for legal fees. He reportedly told police that he kidnapped his wife and burned down the home because he was afraid he was going to be held in contempt of court for not paying the settlement as required.

Ms. Tyler is currently unable to rebuild her beach home, because Shenkman has filed a civil lawsuit claiming that he is entitled to half of the homeowner’s insurance settlement, even though Ms. Tyler was granted the property in the divorce. Her attorneys asked the court to dismiss the lawsuit, which it did, but Shenkman immediately appealed the decision. Ms. Tyler will be unable to collect any money until the matter is settled. In the meantime, Ms. Tyler is required to continue paying the mortgage, taxes and insurance on the now vacant lot.

She has attempted to sell her other property, but since Shenkman had let the homeowner’s policy lapse, she must pay off the mortgage, taxes and insurance before the property can change hands. Even though the couple had paid off the mortgage during their marriage, Ms. Tyler learned during the divorce that her husband had taken an equity line of credit on the home and then stopped paying it. With the principal and fees the balance is now $100,000. Shenkman had also stopped paying the property taxes, meaning that Ms. Tyler owes the town $32,000 in back taxes.

Shenkman has been found in contempt of court and ordered by a judge to pay Ms. Tyler nearly $180,000 for legal and other fees, and will be held in custody until he does so. You can read more about this less than amicable divorce by visiting Shenkman's former wife trying to dig her way out of divorce debt.

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

A new research study from Pennsylvania's Wharton School undertaken on behalf of the research group Council on Contemporary Families came out recently. The report indicates that those with a college education are more likely to be married, and to be happy in their marriages. According to the report, college educated women in particular were more likely to be married at the age of forty than their less educated counterparts, and were more likely to report that they were happy in their relationships.

Back in 1950, only seventy four percent of forty year old women had been married at some point, compared to ninety percent of women with only a high school diploma. As of 2008, the numbers had changed to eighty six percent and eighty eight percent, respectively. Additionally, the women with college degrees were much less likely to be divorced; by the age of forty, seventy six percent of college grads were still married, compared to only sixty three percent of high school graduates.

Read more about the new study that shows how college education correlates to happier marriages at College Linked to Marriage.

If you live in the northeast Florida area and are considering divorce, please contact our firm for divorce law counsel.

Dennis Hopper is reportedly dying of prostate cancer. But friends say that he is holding onto life until he can do just one more thing – divorce his wife. The star of Easy Rider and other Hollywood hits once lavished his wife, Victoria Duffy, with expensive gifts, including a ranch, artwork, and expensive clothing. But Hopper apparently feels that his wife is trying to get more from his estate than she is entitled to under the couple’s prenuptial agreement. A friend of Hopper reports that the star is angry at his wife’s greed, saying the more he gave her the more she wanted.

According to the prenuptial agreement, Ms. Duffy is entitled to a quarter of Hopper’s estate. Hopper reportedly filed for divorce to keep her from contesting his will, which leaves her the same amount as the prenuptial agreement, after he passes.

Ms. Duffy has not been present at Hopper’s bedside during his cancer treatment. He has surrounded himself with his children and his ex-wife, saying that he only wants to spend time with his family and close friends. Ms. Duffy has remained at the couple’s home during Hopper’s treatment. Hopper’s rep admitted that the couple has been having trouble and that Hopper wants peace and quiet in his hospital room. The couple has been married for over thirteen years and have a six year old daughter.

A source close to Ms. Duffy has charged that Hopper’s pain medication is impairing his judgment. Hopper’s associates have denied those claims. Read more about Dennis Hopper’s divorce at Dennis Hopper rushes to divorce wife as he lies on death bed.

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

In the past, a divorce generally meant that the two parties were completely split from each other, with only limited interaction if required by children or alimony. But the modern divorce is quite different. Women and men who don’t “keep in touch” after the divorce are in danger of being seen as unsophisticated and insecure. A new book called "Everything You Always Wanted to Know About Ex", by Heather Belle and Michelle Fiordaliso outlines the new rules of ended relationships.

The new paradigm of divorce is being fueled by changes in marriage itself. Couples generally wait longer to marry, meaning that they have already experienced multiple relationships and breakups, so they are able to handle them better than someone who married his or her high school sweetheart. Social networking, cell phones and email also make it easier to remain amicable without speaking face to face.

Therapists warn that it may seem healthy to remain in contact with an ex, but not to live in the past. Pining after your former partner can keep you from committing to a new relationship. If you find yourself thinking about your ex all the time, engaging in fights with them, or discouraging their new relationships, it is time to seek professional therapy. Read more about maintaining a modern relationship with your ex-spouse at The ex factor: Old flames in a new light.

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

A recent trend that has been sweeping the nation is the divorce party; women and men both throw these parties to symbolize a rite of passage back into being single. What is the etiquette of throwing a divorce party? The following tips will help you plan the perfect bash:

- Wait until the divorce is final
- Make sure your kids are out of the house
- Don’t schedule anything important for the next day
- Invite anyone who has stood by you through the divorce, including your divorce lawyer
- Avoid inviting anyone who might think less of you if they see you in “party mode”
- Consider inviting your ex-spouse, as long as you have divorced amicably
- Keep the mood light and happy and focused on the future; don’t dwell on the negative
- Plan to watch divorce themed movies like the First Wives Club, Le Divorce, War of the Roses, or Waiting to Exhale
- Consider a “burning of the marriage license” ceremony
- Don’t do anything you will regret, like bad-mouthing your ex, burning mementos that may be important to your children, or becoming too intoxicated

Although divorce is often times a necessary evil, a divorce party may be a way to put a positive spin on an otherwise negative situation. Many couples who have children together get divorced and remain good friends. This can help children deal with the negative side effects of a divorce more positively. While some people may see a divorce party as being distasteful, it is really just a way for the divorcee to come to terms with a difficult situation and move forward. There is no sense in dwelling on a past negative relationship. The divorce party helps a lot of people understand that divorce is a part of life and show them that they have the support of their friends in moving on.

Divorce is never easy. If you are considering a divorce you should speak with a Jacksonville Divorce Attorney to discuss your options. We understand you do not want a long contested divorce that costs you a ton of money. We always seek an amicable resolution first. Rest assured that we will make sure you understand your rights while helping you maintain your family integrity.

Read more interesting tips for throwing a divorce party you will never forget at Throwing a Divorce Party.

A Jefferson City, Missouri woman, Terri Chilton, has been arrested and charged with first degree endangering the welfare of a child. The victim was her own one year old granddaughter, whom Ms. Chilton allegedly fed blood thinners in order to make the child ill.

Ms. Chilton reportedly engaged in a series of actions designed to make the girl’s parents believe that she had ingested rat poison. She has claimed that she committed these acts in the hopes that the child’s illness would prompt her parents to reconcile; their marriage was reportedly in trouble and the two are in the process of getting a divorce.

The poisoning caused the child to bleed uncontrollably from her mouth, nose and two minor scratches. She survived the bleeding, but it is unclear if there was any permanent organ damage caused by the blood thinners.

Ms. Chilton has been charged with these crimes but is innocent until proven guilty. That anyone, especially a relative, would intentionally feed poison to a small child is unthinkable.

Find out more about this topic at Terry Chilton, 41, Accused of Drugging One-Year Old Granddaughter With Blood Thinner.

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.

Actress and talk show host Rosie O’Donnell and her long-time partner Kelli Carpenter made headlines when they married in California during the short period in which that state allowed gay marriage. Rosie is now speaking out about the couple’s recent divorce. Ms. O’Donnell reports that the couple’s divorce was amicable and “drama free” because both she and Ms. Carpenter made an effort to maintain their friendship. Ms. O’Donnell believes that women in particular are able to split without hard feelings because women “always want what’s best for everyone involved.” She believes that the intense emotional connections women make with each other make it difficult for them to simply sever the connection when the relationship ends.

As a testament to the former couple’s patience and understanding during the divorce, it took the news media nearly a year to pick up the story and put it in the headlines. Ms. O’Donnell made her comments during an appearance on the Oprah Winfrey Show. She said the divorce occurred because she and Ms. Carpenter were drifting apart.

What happens when a gay couple is legally married in one state, moves to another state, and subsequently wants to get divorced in that state? The answer is that they will probably not be allowed to get divorced under the laws of a state that does not recognize same-sex marriages, such as Florida. This makes things difficult for gay married couples who fought so hard to get the right to marry and now find it very difficult to get a legal divorce. Most states have a residency requirement to get divorced under their state laws. If a same-sex married couple moves to a state that does not recognize their marriage and no longer has residency in the state in which they were legally married, they may have to move back for a period of time just to get divorced. If you have questions about Florida Family Laws regarding this topic call a Jacksonville Divorce Attorney.

Find out more about Rosie O’Donnell’s split from wife Kelli Carpenter at O'DONNELL: 'LESBIANS STAY CONNECTED AFTER DIVORCE'.

If you live in northeast Florida and are considering divorce, please contact our firm for legal counsel.

The median age for a first marriage in the United States is higher than it has ever been, at 27.1% for men and 25.3% for women. Hannah Seligson recently wrote a book that explores the unmarried relationships of people in their twenties and thirties; the book is called A Little Bit Married: How to Know When It’s Time to Walk Down the Aisle or Out the Door. In it, she looks at the new types of relationships young people are forming – many look just like marriage, but without the trip down the aisle. The author reports that twelve million Americans are cohabitating in “unmarried committed relationships.”

But even people who are “a little bit married” are taking some of the same steps that their more traditional peers take before tying the knot. Cohabitants frequently create what looks like a prenuptial agreement, spelling out what assets were brought into the home by whom, and who is entitled to what in the case of a split. Read more about this author’s theories on why young people are not getting married atWhy We’re Not Getting Married.

If you are considering moving in with someone, you should be aware of your legal rights. A Florida family law attorney can help you draw up an agreement that protects your assets in the case of a split. Please contact our Jacksonville, Florida area law firm for legal counsel.

Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

Read more about what makes a good Karma divorce at The Good Karma Divorce.

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

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:
- Don’t wait until the last minute. Springing an agreement on someone days before the wedding is not a good idea.
- Don’t hide your feelings or your assets.
- Each person should hire his or her own attorney.

Call a Jacksonville Family Law Attorney to help you understand your options with marital agreements.

Find out more about this topic at Prenuptial Marriage Agreements.

Please contact our law firm for help drafting your prenuptial agreement.

Kate Prout has not been seen since she vanished from her home in Gloucestershire, England in late 2007. She left behind her passport, credit cards, what appeared to be all of her clothes, and a diary detailing violent fights with her husband and her fear for her own life.

Despite the fact that no trace of Ms. Prout was ever found, Mr. Prout was arrested shortly after her disappearance and now stands trial for the murder of his wife. According to the prosecution, Ms. Prout disappeared not long after demanding an eight hundred thousand pound divorce settlement from her husband. The only way he would have been able to raise the money would be to sell his family farm, which he did not want to do.

The prosecution also points to the fact that police had been called to the couple’s home for a domestic violence complaint shortly before Ms. Prout’s disappearance. At the time, she claimed that her husband had threatened to kill her and that he said he “knew people who could get rid of bodies.”

When a marriage goes bad, all too often one member of the divorcing couple loses all sense of reason and resorts to violence. Violence is never the answer, and only makes things worse for both parties. If you are considering divorce, please contactour Jacksonville, Florida area firm for legal counsel.

Read more about the disappearance of this retired schoolteacher at Retired teacher Kate Prout vanished after demanding £800,000 divorce.

Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

If you are thinking about a separation or divorce, please contact our Jacksonville, Florida area law firm for legal representation.

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.

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

If this is happening to you there are laws that protect you. You have a right to spend time with your child. Meet with a Jacksonville Divorce Attorney and discuss what can be done to protect your rights as a parent.

Read more about the plight of divorced fathers and their children at GUEST VIEWPOINT: After divorce, fathers too often excluded from parenting .

If you are considering divorce, please contact our firm for expert family law 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.

Ivana Trump, the sixty year old first ex-wife of Donald Trump, was in the first class section of a plane bound for Palm Beach, Florida, when the stress of her latest divorce pushed her over the edge. After asking to be moved to a different seat, Ms. Trump started screaming at a crying baby, swearing at the child and then berating other children on the flight with profanities. Since the flight had not yet left the ground, the flight crew decided to return to the terminal. She then reportedly started screaming and ran past attendants into the cockpit. The pilot told her to get out, but she sat down in a seat in the cockpit and refused to move.

Security was called to physically remove her from the plane, and she was promised another flight later in order to calm her down. Sources say that the incident was likely sparked by stress from her latest divorce. The former Ms. Trump is divorcing her thirty seven year old Italian husband of twenty months. Find out more about Ivana Trump’s airplane tantrum at Ivana Trump Kicked Off Plane….Divorce Stress?

Divorce can be very stressful. If you are feeling overwhelmed by your divorce, it is important to seek counseling to help you deal with your emotions. For legal help with your divorce, please contact our firm for expert divorce law counsel.

In Florida, parents of children are required to comply with Section 61.13001, Florida Statutes when dealing with a parental relocation with a child. The Florida legislature and Courts recognize that a relocation of a child can be quite traumatic and life changing for both the parent and the child. It is important for parents to comply with the terms of this statute whether the relocation is agreed upon or contested. Parents should always consider the best interest of the child in making decisions including but not limited to relocation. You can read about the details of this statute at the Official Site for Florida Statutes - Section 61.13001, Florida Statutes. Reading this statute and complying with its terms can be quite confusing and stressful for many parents. As such, it is advisable to retain the services of a Jacksonville, Florida Child Custody Attorney in order to make sure that the statute is being complied with and that the best interests of the child are being met.

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?

A recent article in the Army Times compared the divorce rates of the four major service branches for the past year. Jacksonville, Florida and the North Florida area serve as bases to thousands of military couples and families. Unfortunately, like many others throughout the country, divorce rates involving Florida service members are quite high. At Wood, Atter & Wolf, we have represented a number of military spouses in issues including divorce, paternity, child support, child custody, and, in some cases, domestic violence.

While the Navy’s divorce rate decreased significantly and the Air Force’s rate remained about the same, both the Army and the Marines reported an increase in divorces among service members. Female soldiers suffered a divorce rate more than two times that of their male counterparts. The total number of divorces for all services combined was 27,312 out of nearly 800,000 married soldiers on active duty. This 3.6 annual divorce rate is a full percentage point above the rate measured in 2001, when the US started sending troops to Afghanistan.

The increasing rate is despite efforts by the military to help couples stay together. The military offers programs for struggling couples that focus on strengthening relationships and enriching family bonds. The programs are run by chaplains, mental health officials and family services agencies, and include retreats, counseling, workshops and other programs. A spokesman for the Veterans of Foreign Wars said that when you throw eight years of war and separation into a relationship it has a tremendous impact on the family. Read more of the statistics on military divorces at Military Divorces continue to increase.

If your marriage is troubled, please contact our firm to discuss your options.

For children of divorce, all too often the holidays are not a time of happiness – they are filled with dread, turmoil and chaos. Divorced parents are forced to navigate a range of issues, but it is possible for parents to help reduce conflict and confusion to make the holidays enjoyable for everyone.

For divorced parents, it is important to keep in mind that everyone experiences stress around the holidays. For divorced families, sadness is also a common emotion around this time of year, as people naturally remember holidays gone by. Add to this the holiday letdown when the credit card bills and tight pants rear their ugly heads in January, and you have a real recipe for disappointment and sadness.

The single most telling factor in how smoothly the holidays will go for children is how well their parents have adjusted to their new lives and to their parenting plans. Having two family celebrations can be great fun for kids – if their parents handle it well. This includes having realistic expectations about how much time the child will spend with each parent, not trying to outdo each other with gifts, and not making the child decide where to spend the holidays – this will only make the child feel guilty.

The best approach is to clearly outline the day’s plans well ahead of time, including discussing and dividing the child’s wish list. Parents need to keep in mind that competing for a child’s love with material gifts only confuses and spoils them. Get more tips for a happy holiday by visiting Children, Divorce and the Holidays; How to Make the Best of a Stressful Time.

Divorced parents should determine where the children will celebrate each holiday, in writing, with the assistance of a divorce lawyer. If you are negotiating a parenting plan, please contact our firm for expert legal counsel.

Mechelle Seals had very low self esteem and very little experience with men when she met her first husband. After a year of marriage, however, a fight ended in the man throwing Ms. Seals to the ground and threatening their four month old daughter with a gun. Her second husband verbally abused her, and was convicted of sexually abusing her mentally handicapped daughter.

She recently explained why she stayed with both of these men, what prompted her to leave them and how she has turned her life around. She says that the abuse in her first marriage started very gradually, first with little insults and nags, then accusations of infidelity. The first time he hit her, he had been drinking and she forgave him – she believed she could help him change. The second time he got physical with her, he held a gun to their child’s head and told her to get out. She managed to escape with the child. They eventually divorced and Ms. Seals moved to Florida to get a fresh start.

About ten years later she met and married her second husband. She still had low self esteem, and she fell for the man because he paid attention to her. Soon after the wedding, the man began verbally abusing her and her now twelve year old daughter, who has an IQ of 65. A few months later, the girl knocked on a neighbor’s door and reported that her step father had been sexually abusing her. Ms. Seals divorced her husband while he was in jail awaiting trial.

Ms. Seals has since enrolled in the Southwest Florida College criminal justice program. She hopes to use her experiences to help other victims of domestic violence. She says that her self esteem is very high, but she understands why women go back to their abusers; “We, as women, still have a sense of love for our abusers and that’s hard to shut off.” Find out more Ms. Seal’s journey to healing from domestic violence at Mechelle left two men who hurt her child.

If you are a victim of abuse, please seek help immediately and then contact our firm for expert, compassionate legal counsel.

Famous actor Charlie Sheen was arrested on Christmas day for an alleged assault on his wife, Brooke Mueller. But Sheen’s manager has told reporters that the couple is working out their differences amicably and has no plans to divorce. Other sources have reported that Mueller wants a separation. She has taken out a restraining order against her husband, and was recently seen vacationing without him. But she is also reportedly under a lot of pressure to change her story of the events on Christmas day; Sheen has a lot to lose and could face prison time if convicted.

The holidays can be a particularly stressful time for couples who are already not getting along. Of course, violence is never the answer – it is a crime. Sheen is entitled to his day in court. If he is found guilty of the domestic abuse charges, his fans can only hope that he gets the counseling he needs to stop abusing his partner(s). Read more about the arrest and the conflicting stories about a possible divorce at Charlie Sheen Doesn’t Want a Divorce.

If you have been a victim of domestic violence, please seek help immediately, and then contact our firm for expert, compassionate legal counsel.

A London law firm is offering an unusual gift option this year; interested parties may purchase Christmas gift vouchers, good toward a half hour consultation with one of the firm’s divorce lawyers. Lloyd, Platt & Company usually charges 325 pounds an hour, but is offering the gift vouchers at a discounted rate of 125 pounds for a half hour. The firm reports that they have been swamped with inquiries since they announced the gift vouchers in mid December. They have sold more than sixty. A firm spokesperson said they were amazed at the huge response to the vouchers.

The Church of England called the vouchers “sad,” saying that divorce is a private matter and a session with a divorce attorney is not really suitable as a gift. But interest in the vouchers could continue to soar as the holidays get underway. Christmas is a particularly stressful time for families, and the number of people seeking counsel with a divorce attorney peaks in January. Read the full story about these unusual Christmas gifts at Happy Christmas honey - here's a divorce voucher.

Wood Atter and Wolf does not sell divorce gift vouchers, but if you are considering divorce, please contact our firm for divorce counsel and advice.

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.

Many people wonder why an abused woman would return to her abusive partner after leaving. According to therapists who treat such couples, reconciliation is quite common. Steve Stosny, the founder of CompassionPower, an anger and violence management program that treats individuals convicted of domestic abuse, discussed the phenomenon in an interview recently.

According to Stosny, victims of domestic abuse will leave their partner out of fear, anger, or retribution. But once those strong feelings start to fade, they feel guilt, shame, and anxiety – and those feelings can send them right back to their abusive partner. There is an emotional bond that is hard to break. Once the victim returns, there is often a honeymoon phase where the abuser apologizes and promises never to lose his temper again. But without therapy, the honeymoon doesn’t last.

Other professionals point to fear of change as a reason why a woman wouldn’t leave. A wealthy woman might not want to lose her lifestyle and for a poor woman, leaving might mean she has no way to support herself. In other cases, the man guilts the woman into staying by saying he will kill himself if she leaves.

All of the professionals agree that much counseling is needed for both parties to heal. They also agree that it is unusual for a couple with an abusive past to successfully reunite without falling back into abuse, but it can happen if the couple goes through intensive counseling. Find out more about why abused women go back to their abusers at Why some women go back to their abusers.

If you are a victim of domestic abuse, please seek help immediately, and then contact our firm for expert, compassionate, legal counsel.

Most of us eagerly look forward to the holidays as a time to practice long honored family traditions, spend time with seldom seen relatives, and indulge in a few holiday treats. But for those going through a divorce, November and December can serve as very painful reminders that everything is different this year. That can make divorced people especially susceptible to depression. A recent article shares some tips for those struggling with emotions this time of year:

-Be prepared for your emotional ups and downs, identify when you will be most vulnerable and plan ahead of time what you will do to get through the moment.
-Accept your loss; while the holidays can remind you of your loss, they will pass. Give yourself permission to just get through the season and become stronger for next year.
- Get out of the house and socialize with other people, it will lift your spirits.
- Adjust your expectations; keep in mind that no one has a holiday like they portray them in the movies – and that’s okay.
-Stay away from drugs and alcohol; they will only make you more depressed and anxious.
- Give yourself time to heal; put aside things that remind you of your loss, like Christmas tree ornaments and certain foods or fragrances.
- Stay healthy by eating well and exercising. Both are natural mood lifters.
- Keep the phone number of a friend or counselor nearby, or join a support group if you need some extra moral support.
- Talk to your family and close friends about what you can and can’t handle and stick to it.
- Mix up your usual holiday routine by doing something completely different, like taking a cruise.

The holidays don’t have to hurt. Find out more about this topic at Handling the Holidays During Divorce or Loss.

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

A recent article in the Orlando Sentinel helps women with limited incomes learn how to change their names back to their maiden names without the help of a lawyer. But before changing one’s name, a person should think long and hard about the consequences. For example, those who hold professional licenses or run a business may face a lot of paperwork to get their name changed on these documents. Other documents that will need to be updated include social security cards, driver’s licenses, banking and retirement accounts, credit cards, loans, voter registration, and security clearances. A women should also consider the confusion and problems that might be caused if her new name is different than that of her children. On the plus side, changing back to a formerly held name does not require the criminal background checks required for applicants who want to change to a new name.

If a woman does decide that changing her name back to her maiden name is the right choice, Florida statute will point her to the proper procedures, and the Clerk of the Circuit Court has a staff to help those who do not have legal representation. Of course, while changing you name might not require the services of an experience family law attorney, the intricacies of the divorce itself certainly do. Please contact our firm for expert divorce legal counsel. You can read more about chaning back to your maiden name at There's help to change name — but think twice.

Christopher Alan Lynch of Palm Bay Florida, was reportedly angry about learning that his estranged wife had found a new boyfriend, and responded by holding the woman and their two children, aged eleven and fourteen, hostage at gunpoint. Police were alerted to the incident by a 911 call from the woman’s new boyfriend. The Palm Bay SWAT team was called out to the house.

The wife managed to escape around midnight and the children escaped sometime later; Lynch was apparently falling asleep intermittently. He surrendered to police in the early morning hours. He appeared to be under the influence of alcohol or narcotics, and was taken to the hospital. He has been charged with false imprisonment, child abuse, aggravated assault with a firearm and battery by strangulation. Police reported that they had been called to the house about domestic violence when the couple was still living together but that the wife had not pressed charges.

Even though this couple was not together any longer, people can become very irrational when they are hurt or angry, especially if they are using drugs or alcohol. It happens all too often that a former husband or boyfriend becomes violent when he learns that his former partner has moved on without him. If you are the victim of domestic abuse, you should seek help immediately, and then contact our firm for expert legal counsel.

Read all the details of this terrifying standoff at Father's arrest ends standoff in Palm Bay.

According to authorities, Paul Martikainen kidnapped his three-year old son, Luke Finch, escaping in a sailboat. Cocoa Beach police have reported that witnesses saw the two get into a 32-foot Bristol sailboat at Salt Creek Marina in St. Petersburg, Florida. They said the boy did not seem scared. Acquaintances of the man are worried about both father and son, saying that Martikainen has no sailing experience. According to other boaters at the marina, it is impossible for one person to sail a boat and watch a child at the same time, even for an experienced boater.

Martikainen purchased the boat less than a month ago, saying that he was buying it for someone else, and was going to fix it up and then transport it to Arkansas; he appeared to be living in the boat while he was working on it. Martikainen had further drawn attention to himself around the marina by asking other boaters how to tie different types of sailing knots. Some of the other boaters encouraged him to take sailing lessons after he told them he was going to take the boat out after Thanksgiving.

Luke was reported missing during a supervised visit with his father. He apparently slipped away from the court-appointed supervisor while they were hanging out in a Cocoa park. The supervision was ordered because of earlier allegations that Martikainen was abusing the child. An Amber alert brought in tips that helped police track Martikainen’s vehicle to the marina. Authorities believe the abduction was planned, noting that Martikainen had painted the boat gray, both to cover identifying marks and to make it hard to spot in the ocean.

Police are asking anyone with information on the missing boy to call 321-639-7620 or 911. Read more about the details behind the abduction at At St. Petersburg marina, boaters worry about father, son.

Parents going through a custody battle do not have to do it alone. Please contact our firm for expert Family Law help and advice.

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.

The short-lived comedy “Couples Retreat” follows four American couples who travel to a tropical island to rekindle their marriages. Some enterprising Indian travel agents saw the movie and decided to start promoting divorce tourism packages for Indian couples. The package includes an exotic getaway and the services of a marriage counselor. Indian couples are usually unaware that they are on a divorce tour – the packages are usually paid for by a concerned friend or relative, and the marriage counselor pretends to be a travel guide with a lot of wise insight into marriage.

Probably because divorce is considered shameful in India, the country has one of the lowest divorce rates in the world, around 1%, compared to 50% in the US. But divorce is becoming more common between young urban couples, sparking a cottage industry of legal help and divorcee dating services. The new tourism promotion is expected to provide a small bump to Indian tourism, which has suffered from a bad economy, terrorist attacks, and now the H1N1 (swine flu) virus. Other specialty tourism packages offered by enterprising Indian travel agents include medical tourism, religious journeys, and even a “Slumdog Millionaire” tour of Mumbai’s shanty towns. Find out more unusual Indian tour packages at A New Indian Travel Fad: "Divorce Tourism".

If your marriage is headed for divorce, please contact one of our expert Family Law Attorneys for legal counsel.

A recent study published in the Psychology of Women Quarterly paints a bleak picture for low income women who are subject to abuse. Even those who seek help for domestic violence issues suffer from depression, post traumatic stress disorder (PTSD), and have to deal with stressful issues like child custody and child support, unemployment and finding affordable housing. Their situation has driven many of these women to return to their abusive partner.

The study points out that most domestic violence programs are focused on getting the woman away from her abuser and starting the legal proceedings to protect her and legally dissolve the relationship if necessary. Very few offer counseling, guidance or follow up to see how the women are doing after they leave. The researchers recommend that programs be offered for these women that provide housing opportunities, job training, transportation and child care so that they do not feel forced to return to their abusive partner because they have nowhere else to go. You can read more about the study findings at Nancy Hengeveld: Without support, battered women often return to their abusers.

If you are involved in an abusive relationship, please seek help for yourself, and then contact one of our Family Law Experts for compassionate legal counsel.

Samad Nesser has tried every legal avenue to prevent his eleven year old son from being taken to France to stay with his mother and her new husband. According to Nesser, his ex-wife has allowed his son to be abused by the new husband, and suffers from sleeplessness and chest pains whenever he returns home from staying with them. Nesser is an American citizen, but his wife is not. The husband, a French citizen, used to live in Palm Beach, Florida, where he was the subject of a restraining order after allegedly breaking into his girlfriend’s home and hitting and pushing her and her elderly mother to the floor. Nesser claims that this same man locked his son in an attic and threatened to kill him.

Judge Daniel Merrit Jr. has refused to grant requests for a guardian ad litem for Nesser’s son. A guardian ad litem would spend time with the child to determine what that child wants and what is in his best interest. Merrit has also refused to let the child testify in court, and the records of the child’s counseling sessions have not been admitted due to what Nesser claims are stalling tactics on the part of his ex-wife’s attorney. At present, there is no way for Nesser to stop his ex-wife from taking their child back to France with her.

According to Florida law, when two parents have a child in Florida, they maintain their rights no matter where they might move later on. Those rights are recognized regardless of citizenship. If you are involved in a child custody battle, please contact our firm for legal assistance.

You can read more about Samad Nesser and his battle to protect his son at Concerned father: Don't let my son go.

Dallas advertising executive, Bill Cochran, has written a book that he says he hopes will help children deal with the divorce of their parents. The book is called My Parents Are Divorced, My Elbows Have Nicknames, and Other Facts About Me. Cochran writes with a straightforward, yet humorous style. The book follows Ted, a kid whose parents are getting divorced, as he talks about his life and his feeling related to the divorce.

Cochran is himself a child of divorce, and he says he wrote the book by trying to imagine what would have helped him feel better when his own parents were getting divorced. You can find out more about Cochran and his new book at Dallas author Bill Cochran helps kids learn to cope with divorce in new book.

Divorce is a difficult time for the whole family. When children are involved, counseling or therapy can be a very effective way to help them deal with the emotions they are going through. If you are considering divorce, please contact our firm for expert legal counsel. We can also refer you to a highly regarded local counselor or therapist for yourself or your children.

According to a recent US study, women who are diagnosed with either cancer or MS are six times more likely to become divorced or separated as a result of the diagnosis than a man in the same position would be. Earlier research had suggested a similar trend, showing that female cancer patients have a divorce or separation rate of 20.8% compared to 2.9% for male cancer patients.

The studies show that female gender was the strongest predictor of a marital rift after a devastating health diagnosis. They found that women who were left during treatment were more likely to become depressed, spent more time in the hospital, and were less likely to complete their radiation therapy.

Researchers attribute the gender gap to men’s inability to quickly adjust to the responsibility of caring for the sick person, along with their family and home. The study was prompted by neuro-oncology doctors who noticed that their female patients were much more likely to end up alone. The doctors believe that early intervention and counseling may help save some of these marriages, which would in turn improve the prognosis for affected patients. You can read more results from the study at Men more likely than women to leave partner with cancer.

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

If you are considering a divorce, you may be entitled to, or you may be ordered to pay spousal support to your former spouse. What does that mean? Spousal support, also referred to as alimony, is money paid to one spouse by the other in order to support the first spouse’s lifestyle after the divorce.It is completely separate from child support. Alimony is only ordered in about ten percent of divorce cases. Permanent alimony awards are largely a thing of the past; most courts will only award temporary spousal support, lasting from a few months to a few years.

While different states have different laws when it comes to alimony, it is usually awarded to a person who did not work outside the home during a marriage. Most states require the potential recipient to demonstrate financial need. Those with savings or assets sufficient to support themselves will generally not receive alimony. Prenuptial agreements may also spell out what spousal support will be awarded.

Federal law requires equal consideration for both men and women when awarding spousal support, but women have largely been the recipients of spousal support after a divorce, mainly because the majority of non-working spouses have traditionally been women. But there is nothing stopping a stay-at-home husband from collecting alimony in a divorce settlement.

Divorce is difficult, both emotionally and financially. Spousal support can make life a little easier for someone who has been out of the workforce for awhile. If you believe you are entitled to spousal support, or if you have been ordered to pay spousal support, you will need the help of an accomplished family law attorney. Please contact our firm for expert legal help.

Find out more about spousal support / alimony at What is Spousal Support?

Mildred Muhammad, ex-wife of DC Sniper John Allan Muhammad, gave an interview to Larry King the night before her husband was to be executed for his crimes at a Virginia state prison. Muhammad left 10 dead in a shooting spree that his ex-wife believes was destined to end with her as its final victim.

Ms. Muhammad said she felt very guilty about the victims of her ex-husband’s rampage, which left millions of DC residents fearful of going out in public. She claims that she had done “everything I knew how to do” to bring Mohammad’s violent and abusive nature to the attention of authorities, but it wasn’t enough. And she feels ashamed for not realizing that his violent behavior would extend beyond her, to affect other people.

Ms. Muhammad had divorced her husband because of his allegedly abusive behavior towards her. Authorities maintain that Muhammad started killing random strangers as a cover up, with the ultimate goal of shooting his wife the same way, so that he could take custody of their three children. Muhammad has always claimed that he is innocent of the charges.

Ms. Muhammad has worked through her guilty feelings and is concentrating on caring for her three children during this emotional time. Muhammad’s first wife, Carol Williams, was also interviewed by King, and said she planned to visit Muhammad in prison with their son before the execution. You can read more about the interviews at Ex-wife of infamous 'D.C. Sniper' felt guilty about shootings.

Domestic violence is very dangerous behavior, and it this case is a tragic example of how far it can go if left unchecked. People who are in reasonable fear of being in imminent danger of domestic violence should take very action to protect themselves, including calling the police and taking out an injunction.

If you are a victim of domestic abuse, please contact our firm to explore your legal options.

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.

Bert and Jesse Wood had been married for 36 years when they filed for divorce last year in Great Britain. The marriage was the second for both of them, and at the time of the decree of divorce they were both 98 years old – making them the oldest couple on record to divorce. They have not publically stated the reason for their divorce, and their children are not making comments to the press. Wood died shortly after the decree was issued, and Ms. Wood now lives in a nursing home.

In the next county over, Les Atwell and Sheila Walsh recently became the oldest newlyweds on record when they married at the ages of 94 and 87, respectively. Atwell and Ms. Walsh had been introduced four years earlier. Ms. Walsh was at first hesitant to even meet Atwell, due to his age, but she says that when they did meet it was love at first sight. The couple took a two week honeymoon cruise through the Mediterranean, visiting Athens, Rome, and Barcelona.

The stories about these two couples just show that it is never too late for divorce, and never too late to find love again. If you are considering divorce, please contact our firm for legal counsel.

Find out more about these couples at British couple are oldest in the world to divorce at age 98 - but man dies before he can enjoy the single life.

Australian actor Mel Gibson and his girlfriend, Russian musician Oksana Grigorieva, have welcomed a baby girl named Lucia into the world. While Lucia is Gibson’s eighth child, it is the couple’s first child together. Gibson has seven children with his former wife, Robyn Gibson. They divorced in April of this year after twenty-eight years of marriage. Gibson and Grigorieva met while filming “Edge of Reason.”

Gibson’s daughter was born in California, but if the child had been born in Florida, the new girlfriend would definitely need to file for a paternity action so that a judge could determine Mel to be the LEGAL father of the child and to have a support obligation for her. Until a judge signs an Order making Mel the legal father, the child would not be considered to be an heir at law to Mel Gibson. In sum, people who have babies out of wedlock in Florida need a paternity action even though they may be listed on the birth certificate. Until a Judge says that the father is the father, the child will not be legally recognized as the legal heir.

If you are unmarried and expecting a child, please contact our firm for family legal counsel.

Find out more about Mel Gibson's daughter, Lucia, at Mel Gibson and his girlfriend welcome a baby girl.

Recently, a married Scottish couple lost custody of two of their children after failing to comply with Scottish social services’ warnings to reduce the children’s weight. A woman in South Carolina has also lost custody of her son and is facing criminal child neglect charges after the child’s doctor reported concerns about his weight to social services. There have been several other similar cases in the US and Canada. The public may not have heard about the growing number of cases because of child privacy laws.

Many states are now considering the obesity of the children post divorce in modification actions. A modification is a change to any final divorce judgment and is based on a substantial change in circumstances of either party since the entry of the final judgment. If the final judgment grants custody to the wife and two years later the kids are 300 pounds, the courts COULD change the custody to the father if the court finds that it is in the best interests of the children to change the custody and if the courts find that the weight of the children is now a substantial change in circumstance. Now, obesity of the children could be one of the considerations in a change of custody issue and is an interesting legal argument to keep an eye on.

If you are engaged in a child custody battle, please contact our firm for expert, compassionate legal counsel.

Find out more on the issue of childhood obesity at Should Parents of Obese Kids Lose Custody?

Clinical psychologist Judith Sills recently published a book entitled Getting Naked Again: Dating, Romance, Sex, and Love When You've been Divorced, Widowed, Dumped, or Distracted. She is determined to help women get back into dating after the end of a relationship. She addresses the fact that many women are uncertain about getting into dating and romance because it has been awhile since they were in that situation. She also discusses the difference between being widowed and being divorced, saying that divorce is usually accompanied by a lot of anger, and can feel like a public failure, even though the loss is just as real. She says that getting back into dating requires a new mindset that welcomes the possibility of a relationship and that women and men should both be prepared for changes in relationships with family and friends as they begin dating again.

Many people going through a divorce are filled with rage and sadness that makes them feel as though life is over for them. While divorce is difficult, it is not the end of the world – for many it is the beginning of a new and happier life. Getting back into the mix of things and dating after divorce can be the first step.

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

Find out more about the book at Getting Naked Again — Dating After Divorce or Widowhood.

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.

A Nevada couple recently woke up with a car on top of them in their own bedroom. After an hour of being pinned down to the bed with motor fluid raining into their faces, the two college students, Kristin Palmer and Trent Wood, were rescued by emergency workers. They suffered remarkably minor injuries. The man driving the car, Eric Cross, allegedly slammed into the house not only because he was drunk but also because he thought the house was that of his ex-girlfriend and her new boyfriend. Cross has been charged with battery with a deadly weapon, possession of a stolen vehicle, driving without a license, and careless driving. According to the Washoe County Sheriff’s office, Cross was also drunk at the time of the accident.

The end of a relationship is a difficult time, and people often let their emotions and pain get the best of them during the dissolution process and do things to harm their own case, especially when child custody is involved.

If you are having marital or criminal problems, and would like to find out about your options, please contact our firm for expert, compassionate legal counsel.

Find out more about this horrific accident and the couple’s ordeal at Couple alive after car pins them to bed for almost an hour.

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.

In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general's office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the "right" to adopt in Florida.

If you are considering adoption or another family matter that may require legal guidance, please contact our firm.

Find out more about this topic at Judge overturns Florida ban on adoption by gays.

Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:
- An agreement not to use the other party’s credit or make a large purchase without advance written notice
- Jointly owned property cannot be sold or used for collateral
- Insurance policies must remain in effect
- A child visitation and child support agreement
- No changes should be made to retirement accounts
- Agreement as to who will remain in the family home

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

Find out more about temporary divorce orders at Temporary Divorce Orders .

John Marcotte, the backer of a California ballot initiative that would ban divorce in California was authorized to begin collecting the signatures required to put the constitutional amendment on the ballot. He will need to collect the signatures of 694,354 registered voters before March 22, 2010.

The amendment would eliminate the current California law that allows married couples to divorce. Couples would still be allowed to annul their marriages. The initiative claims that the amendment would save the state of California “hundreds of millions” of dollars spent on divorce proceedings in California courts.

While an interesting approach to fiscal responsibility in California, the move begs the question of why Marcotte wouldn’t initiate an amendment asking divorcing couples to pay their court costs, rather than denying them the right to a divorce.

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

Find out more about the proposed divorce ban in California at Ban Divorce? Ballot effort gets OK to gather signatures.

Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this topic at Military Law and Divorce.

For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

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

Find out more about this topic at Divorce 101: Co-Parenting Experts Help Couples Like Jon and Kate Gosselin.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of calls in my Jacksonville, Florida divorce law practice asking if a new step-parent's income can be used when calculating or modifying a child support obligation. The answer under Florida law is "no". Only the gross incomes of the mother and father are used in calculating a child support obligation and this does not change if one spouse remarries. Even if one spouse remarries, is not employed and is living on the ocean due to the new spouse's income level, the courts will only consider the gross incomes of the parents to the child. If you have a child support question or a modification of final judgment issue, please call our firm for sound, caring advice.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family law practice in Jacksonville, Florida, where I have been practicing for almost 10 years, I see so many casualties of divorce especially when there are children involved. More often than not, the parties are so hurt that they each start the mud slinging and accusations that make the matter even that much more hurtful. I marvel sometimes when I'm sitting in the courtroom and see what was once a most beloved sitting across from one another glaring at each other as now mortal enemies. When children are involved, emotional issues are inherently a part of the dissolution process such as custody, child support, visitation or timesharing and parental responsibility. As a divorce lawyer, my job is to help parties to reach livable, practical solutions while protecting the interests of my client. In doing so, I do not condone mud-slinging simply for the purpose of "getting even" with or "punishing" the other side just to help my client feel better. I have seen that without making mountains out of mole-hills that once the parties begin to heal there can usually be some level of civility in order to build a relationship as mother and father in the future instead of husband and wife. If you need counseling regarding issues involving a divorce action, please call our firm for expert advice and how to protect your interests and on how to cope with the process.

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

In February Haleigh Cummings disappeared. A short time later, the last person to see her, Misty Croslin Cummings married Haleigh's father, Ronald Cummings, which caused people to speculate whether the marriage was due to the Husband-Wife Privilege in Florida, which allows for couples to claim conversations as confidential in Florida.
However, the problem with such speculation in this case is that Haleigh is the child of Ronald, and the Privilege only extends to matters not involving a child of one of the spouses. Since Haleigh is the Child of Ronald, regardless of marriage/divorce, Ronald nor Misty could claim the privilege.
The fact they are divorcing would not be the determining factor in claim of the privilege because public policy mandates that spouses should be able to talk openly and honestly during the marriage without worry for whether the marriage will last forever. That's a good thing, since divorce, especially in Jacksonville, Florida, is still on the rise.

When Karin Seruga and Richard Zinn got married, Seruga owned the trademark to an appliance called the Artofex triple-action – an industrial mixer that stands six feet tall and weighs over two tons. When the two divorced, it sparked a dispute over the US trademark that has lasted over 12 years.

Zinn has continued to use the Artofex name in his bakery machine business even though his ex-wife owns the trademark to the 100-year old name. A federal judge recently ruled in Seruga's favor, awarding her company over $500,000 in damages. Zinn’s lawyer says that he will appeal the decision.

This case demonstrates the need for parties to be clear about the ownership of assets brought into the marriage before a dispute arises. This couple has denied themselves the closure of finalizing their divorce because of this dispute; a simple pre-nuptial agreement could have saved them 12 years of legal battles.

If you are considering a pre-nuptial agreement or a divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about this long divorce at The Divorce That Won't Come To An End.

A business is often the most valuable asset in a marriage. As such, it can be one of the most contentious points of a divorce. Married business owners can and should take steps to minimize the impact on their business in case of divorce.

The business should be included in a pre- or post-nuptial agreement. The parties should be specific about what rights the non-participating spouse has to the business and how it would be split up if the marriage ends. If applicable, details about what valuation method will be used for the business should be included.

No one likes to plan for a divorce, but proper planning can make a huge difference in the viability of a business going forward. Divorces can be complicated and emotional; having a plan in place for the business can ease the stress and the cost of a divorce by expediting the settlement.

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

Find out more about this topic at Minimize the Impact of a Divorce on Your Business.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family and divorce law practice in Jacksonville, Florida, I get many cases that I feel are ripe for dissolving the marriage in a collaborative setting. Collaborative law encourages the use of financial professionals and mental health professionals early in the negotiations to help reach an amicable, fair solution for dissolving the marriage and for dividing the assets of the parties. However, some people get nervous when the term mental health professional is mentioned. The mental health professionals (MHP) role is not to analyze the parties or to perform therapy on the parties or the children. The MHP is a neutral third party whose job is to keep the parties focused on the objectives of the negotiations, to manage emotions and to facilitate communication. Please call our firm for advice on dissolution of marriage, child support, child custody, settlement agreements, postnuptial agreements, grandparent rights, alimony and division of property issues.

Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

In a divorce where a pet is involved, the couple should make every effort to find a common ground before going through the agony and expense of a court battle over a pet. While the pet may be oblivious to the battle being waged, the emotional pain is felt deeply by the couple and especially their children.

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

Find out more about this topic at Pets are property in divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just because spouses separate does not mean that their finances are now considered to be separate by a court in Florida. In Florida, if you are acquiring assets or liquidating assets while you are separated, you must be very careful that they are not marital ones or you could become liable to your spouse to repay your spouse's share of the asset or to divide the asset with your spouse. I read a case where a woman had been separated from her husband for 22 years and neither party ever filed for divorce during that time. During the period of separation, the woman bought a house. When the time came to finalize the divorce, the woman's husband had a 50% interest in the house as she had purchased it during the marriage. Please call our firm if you have questions regarding division of property.

Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children's Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

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

You can find out more about these classes at Courts offering divorce education class.

Florida and Indiana each have three counties that made the top ten list of highest divorce rates for the US. The Florida Counties are Monroe, Putnam, and Pinellas. Divorce experts point to a number of factors that could be contributing the high divorce rates, including the bad economy adding stress to already troubled marriages. Other reasons mentioned were the party atmosphere of the Keys that encourages immature behavior and even alcoholism. But some Florida residents pointed out the fact that many divorcees come to Florida to start new lives after divorcing in another state.

Whatever the reason, being the “divorce capital of the US” is hardly a distinction either Florida or Indiana welcomes. But if you are a resident of the Jacksonville area of Florida and you find that you would like to dissolve your marriage, please contact our firm for legal counsel.

You can read more at High Divorce Rates in Ind., Fla. Counties.

Starting Monday, October 19th and running through January 31, 2010, parents have the opportunity to lock in the 2009-2010 tuition rates for Florida state universities by enrolling their children in the state-sponsored Florida Prepaid Plan. Under the plan, any child may be enrolled, from birth until they reach their junior year of high school. Parents, guardians or other relatives can pre-pay the tuition all at once or make monthly payments. If the child opts to attend a private or out-of-state school, the money can be refunded or transferred to the chosen school.

In a divorce, the courts do not require either parent to pay for college or to have a child support obligation after high school. But it frequently comes up in the dissolution and settlement process. Locking in tuition rates under the Florida Prepaid Plan is a great idea for any parent, even if they are in the middle of a divorce.

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

Find out more about this topic at Enrollment for Florida's prepaid college tuition program starts Monday.

An emerging divorce method, using what is called a "collaborative process," brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

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

Find out more about this topic at Collaboration allows for a kind divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Jacksonville, Florida and in all counties in Florida, if children are an issue in a divorce case, the courts will require that the parents attend and complete a parenting course or divorce class. In Jacksonville, Florida, the class is called Children First In Divorce. The purpose of the class is to teach the parties how to put their emotional beliefs aside and to focus on helping the children get through this very difficult process. The Hope Haven Children's Clinic offers the class to those located in the Fourth Judicial Circuit which encompasses Duval, Clay & Nassau Counties in Florida. All states require some form of children first in divorce. Please call our firm for advice on how to set up your class and on how to proceed with your divorce.

Terengganu, an eastern state in the country of Malaysia, is offering free second honeymoons and counseling to troubled couples in the hopes of saving their relationships. The state hopes it will slow their skyrocketing divorce rate.

The conservative Muslim state follows the Islamic custom where divorce is legal, but still considered a distasteful act. The program has already been tested on 25 couples, with favorable results.

It is easy for couples to fall out of touch with each other over the course of many years of marriage. With kids and work and other responsibilities, a marriage can suffer from neglect. It will be interesting to see if this program is successful at bringing couples back together. A week’s romantic vacation seems like a good place to start.

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

You can read more about this program at Free honeymoons to halt divorce rate?

No papers have been filed yet, but Ronald Cummings, the father of missing Jacksonville, Florida child, Haleigh Cummings, reported to CNN that he and his wife Misty will be getting a divorce. While Misty at first did not want to go along with Ronald’s decision, she finally agreed to it earlier this week.

The two are the parents of 6-year-old Haleigh Cummings, who has been missing from her Jacksonville, Florida home since February 9th, 2009. Ronald attributes the divorce to the stress of their daughter disappearing while under Misty’s care, Misty’s story about the events of that night, and the stress of being hounded by the public. Misty is not expected to contest the divorce.

There is no question that the loss of a child can have a devastating impact on a marriage. If your marriage has suffered an irreparable harm, please contact our firm for legal counsel.

You can read more about the divorce at Ron Cummings Says He, Misty To Divorce.
Anyone who has any information about what happened to Haleigh is asked to call Crimestoppers at 888-277-8477.

Gay marriage is only recognized in a handful of states, which can cause some interesting legal problems when those couples move to another state. To date, six US states have legalized gay marriage and two more states will recognize same-sex marriages entered into in another state. Washington DC recognizes gay marriages and is expected to allow them soon, while California only recognizes the few marriages that were allowed to take place in that state before same sex marriage was voted down last November.

When two men who were legally married in Massachusetts in 2006 moved to Texas and later decided to file for divorce, they ran into a legal issue that state seemed ill-prepared to deal with. The Texas Attorney General stated that the two could not divorce in Texas, since they were not considered to be married while residing there. The couple could not simply divorce in MA since they were no longer residents. The problem is that, until they can legally divorce, they are still considered married in eight other states and in Washington DC.

One Texas judge viewed this as a discriminatory hardship, and ruled that the state should recognize the marriage for the limited purpose of divorce. The ruling is not expected to stand.

The Defense of Marriage Act gives states the option of refusing to recognize same-sex marriages that were legally performed in other states. As long as this is the case, issues like these will become more commonplace.

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

You can find out more about this topic at Obama owes gays more support.

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

In Putnam County, Florida Haleigh Cummings went to bed on February 10, 2009 and has not been seen since. The last person to see Haleigh is Misty Croslin Cummings, who was babysitting the night of the disappearance and soon thereafter married Haleigh's father. Now, the couple is divorcing and blaming the stress of Haleigh's disappearance as the reason. However, most people remain skeptical at this idea.
In Florida, there is a Husband-Wife privilege that gives spouses the ability to claim the privilege in court when their confidential conversations are questioned. This is a privilege because there is a strong public policy that spouses should be able to speak openly and honestly with one another. There was speculation that this privilege led to the marriage of Misty and Ronald Cummings after Haleigh's disappearance. Now that they are divorcing many are wondering if it means Ronald knows more about Misty Cummings's involvement in the disappearance of her stepdaughter. However, the privilege attaches even after the marriage has ended.
More on this issue tomorrow regarding the Husband-Wife privilege in cases involving crimes against children of either spouse.

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

Florida is a no-fault divorce state, meaning that in a divorce things like debt and assets should be split 50/50 or equitably.
When one party racks up the majority of the debt and there are really no "assets," then the court may have a different route to take with the division of the debt. The other factor may be if the party that bought marital items with credit cards and then takes the property, then the court may find that there is a pertinent reason why one party should take more debt then the other.
The real area of interest and best argument in an unequitable distribution, greater or less than a 50/50 split, is if one spouse engaged in an extramarital relationship, on which that spouse spent money or incurred debt.
The real answer when it comes to equitable distribution is that every case is different and the law is not black-and-white on this matter. It is important to discuss your options and likelihood of success with a family law attorney in pursuing a divorce.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

A postnuptial agreement is an agreement or voluntary marriage contract made between couples who are already married regarding the division of marital property that is usually formulated in contemplation of divorce. However, I think they are a necessary document in marriage and should be used as an insurance plan just like buying a cemetary plot before death. The postnuptial agreement may never have to be used but if it does have to be, then there is already a document in place that defines who gets what after separation. The terms of the postnuptial agreement can cover a wide variety of topics including children, assets, pet care and visitation. The postnuptial is designed to help intervene and stop any conflicts and to promote a stronger relationship. It forces the spouses to think about issues about which they may not otherwise talk prior to saying "I do". With divorce on the rise more so than ever before, a postnuptial agreement can help spouses put a plan in place for their family and reduce arguing over unexpected happenings. Please call our firm to put a postnuptial in plan for you family today!

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family law practice in Jacksonville, Florida, as a divorce and family law attorney, I have a vantage point that most people don't have. I see people everyday going through the most confusing and emotional issue of their lives. Oftentimes, spouses change after the marriage and parties quickly go from "I do" to "I don't". An annulment may be possible in this case but annulments are difficult to obtain. In fact, a divorce is easier to obtain in some cases. In an annulment action, the courts are basically saying that the marriage never took place and as such there are very strict guidelines that must be followed in obtaining an annulment. There are two types of annulments, one is civil and one is religious. There are different requirements for each type of annulment. If you are in an "I Don't" situation, please call our firm for advice on how to protect your interests.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

So you and your spouse just love Florida Gators football right? Well what happens when each of you keep your love of football and your favorite team and season tickets but not for each other? Who gets the season tickets? In Florida the courts use a concept called equitable distribution to equitably or "fairly" divide marital assets. If the season tickets were bought during the marriage then they become a marital asset subject to equal division by the courts. But who wants to go to the game and have to sit by their ex? In a situation such as this, the Courts will use equitable distribution to place a value on each ticket and if one spouse gets both tickets then the courts will give the other spouse some other item similar or equal in value to equalize the award. If you or your spouse want to keep your season tickets so you can watch your favorite team become Rosebowl bound, then please call our firm to discuss options in your dissolution.

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
In my family law practice in Jacksonville, Florida, many many people come to me for advice on divorce, child custody, child support, equitable distribution and alimony issues. All of these issues are quite stressful, and I see many people in their worst state emotionally. One thing I realize is that the pain from divorce is real. As you begin your healing from the divorce, you may experience all of some of the following symptoms of depression:
* inability to sleep or sleeping more than usual
* overeating or total lack of appetite
* fatigue
* excessive drug or alcohol use
or
* sense of guilt or restlessness

If you are going through a divorce or separation and are experiencing some or all of the symptoms of depression, please seek help from a mental health counselor and call our firm for advice on protecting your interests in a dissolution. Oftentimes you need someone to advocate for you as you may be too emotionally involved to see the forrest for the trees.

by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Many times I will get a client in a dissolution case in Florida who has owned property or a business prior to getting married. Once you get the emotionalism out of the way in a divorce, the divorce actually becomes one of the biggest business decisions of your life. Normally, in Florida, whatever property one own before the marriage is considered to be non-marital property and should be awarded to the party who owned the property before the marriage. However, having said that, sometimes the courts will consider if the value of the property or business was enhance during the marriage and if so, the courts will award the other spouse an interest in the enhanced value accrued during the marriage. There are still actions that do not enhance non-marital property. For example, paying real property taxes on pre-marital property with marital funds does not enhance its value, converting some of its equity to marital. Just because some marital funds or labor have been contributed to the non-marital property or business during the marriage does not automatically mean that all enhanced value is marital for equitable distribution purposes. Call our firm for answers regarding how to best protect your non-marital property or business today!

By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The following are some tips to help you eliminate harming your economic interests when dividing the assets in a divorce in Florida. So many of my clients are so emotional about the divorce that they "throw in the towel" so to speak when it comes to dividing the assets. Follow these tips to keep your emotions in check and to help you look at the divorce as a business venture.

1. Be Involved. This is a time to learn about your assets and to assume responsibility for them and for your own economic interests.

2. Commit To A Budget. Be realistic about spending habits and remember that the marital finances are now financing two homes essentially.

3. Communicate. Select a financial advisor to review your assets and to help you reach a sustainable goal in the divorce.

4. Avoid Settling the Case Prematurely. Many clients just want the case to be over and they give up what they are legally entitled to just to achieve this goal. However, months down the road, they usually regret it after the emotion has settled.

5. Stress Honesty. Give an honest assessment of the way you really feel about money.

If you have any questions about divorce, child custody, child support, alimony, division of assets and liabilities, adoptions or injunctions, please call our firm at 904-355-8888 for a consultation.

Written By Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Money is a major source of stress for many people especially people who are in the throws of a divorce and who are scared about their financial future after the divorce. When a relationship breaks up and the parties are filled with so many different emotions, money is probably near the top of the list in worries. This is precisely the time to pay attention to your financial future and be very careful not to permit important financial decisions to go unattended in the flood of emotion. A divorce does not have to put you in the poor house. It is supposed to sever the legal bonds and also hopefully the emotional ones. Pursuing this end from a careful consideration of the legal bonds and the emotional bonds, a divorce attorney should be commited to creating successful financial solutions and to understanding how the emotionalism associated with money can disrupt the relationship during and after divorce. If you have a question about a divorce or equitable distribution issue, please call our firm for a consultation at 904-355-8888.

latter@woodatter.com

Are you paying child support after your rights have been terminated? Child support, according to Florida law, is the right of a child with parents living in separate households. The child support obligation begins at the child's birth if the parents are not married, even if paternity has not been established. Once paternity is established, the Court can go back two years, within the life of the child, for back child support.
If your rights have been terminated to a child, but you owe back or retroactive child support, or your support is in arrears (you have not paid regularly), then you may still pay child support after termination of your rights, but only the amount that was due as of the time your rights were terminated.
An example: A child is born outside of wedlock and the mother files a Petition to Establish Paternity. The petition is granted when the child is 2 years old and is going to be $100/month (not realistic numbers), which means the Father is $2,400.00 in arrears due. The court will have him pay $100/month + $50/month towards the arrears until they are paid in full.
Well it will take the Father 48 months or 4 years to pay off the $2,400.00. If before that time the father agrees to terminate his parental rights because the Mother has remarried and her husband wants to adopt, then the Father is still responsible for whatever the balance due is on the $2,400.00 until it is paid.
If you have any questions or concerns regarding this matter, please contact an attorney.

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

In a Florida divorce, I realize there are divorce myths, which seem to circulate from Jacksonville to Miami. If you are going through a divorce there are certain myths that people seem to tell.
The most common myth for in a divorce with children is that the new time sharing law requires that you and your spouse have 50/50 visitation with the Child. This is not true. The Court looks at the best interest of the Child and in so doing, the visitation will be a factor. It is often not considered proper for 50/50 because the Child has different rules in each house, which plays a role in the child's ability to do well in school, at home and in extracurricular activities.
The second myth is that child support is negotiable. This is not true, because according to Florida Statute, a parent cannot negotiate away the Child's right to child support. Support for a child is determined on the income of both parents and tries to place the child in the same position s/he would have been had the parents stayed together.
The third is that if you aren't allowed or use the time sharing (visitation) then you do not have to pay child support. If the lack of contact is due to you or your spouse, that does not alleviate your financially responsibility to your child. Visitation does not equal child support.

latter@woodatter.com

In Jacksonville, Florida, as a family law attorney, I receive questions about terminating parental rights. This is not an easy process since there are many protections in place for parents. I will probably do a series of blogs on this topic in order to cover each area, but we will start with the consent and agreement of both parties.
If a parent would like to terminate his/her parental rights, then there are certain things that must be in place. The following would be required:
1. There is another person to take the role of mother/father both emotionally and financially.
2. The parent is doing so knowingly with full understanding and willfully.
3. The termination is in the best interest of the child.

If these things are met, then the Court may grant termination of parental rights. The difficulty is, this does not alleviate child support that may be due from years of nonpayment. If a parent owes child support arrearages (back child support), then the termination of their rights does not alleviate or diminish the back child support to be paid.
The only time that can go away is if the other parent (non-terminating) is willing to forgive any and all arrearage. However, if the payments were through the state's Department of Revenue, then even agreeing does not end the State's interest in collecting that money on behalf of the Child.
If this is something that you are interested in pursuing, it is best to work with an attorney on this matter whether your are the one terminating or the one requesting termination.

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

In Florida, many courts have time sharing or visitation guidelines and they can be specific to distance. In Jacksonville, we have the 4th Judicial Circuit Guidelines, which provide for time sharing throughout the school year and holidays.

Time sharing is now the correct term for visitation and a time sharing plan is required in a case involving children. You can either use the court guidelines develop your own, as long as the other party and/or the court agrees with the schedule.
Long-Distance Guidelines in Jacksonville set-up a number of opportunities for visitation. There is an ability to continue with alternating weekends, but it must be done in the town where the child resides. You can have once/month at your home, depending on the situation surrounding your case. In addition, you will be entitled, again depending on the facts of your case, to timesharing during the Spring Break time each year and summers beginning 5 days after school gets out until 2 weeks before school commences.
Long distance timesharing often has costs associated, so you have to determine what is best for you and the other parent for the child to stay connected to both parents.

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

In Florida, there is a relocation statute if you are moving with a child. As a Jacksonville divorce and family law attorney, I realize that not everyone understands that moving may require court action. Relocating for a job, marriage or any other reason? If you have a child and looking to move, then you may have to file a Petition for Relocation with the Court.
Florida law has a Relocation Statute, which requires that a relocation petition be filed with the Court if you are planning on moving, with your child, 50 miles or more away from your current residence. This is required if the move or relocation is for more than 60 days.
Filing a petition for relocation also requires that the other parent is served with the papers and (s)he has 20 days to file an objection. If an objection is not filed within that time period, then the Court will assume the move is in the best interest of the Child.
If the other parent will agree to your relocation, then you can file an agreement with the Court. The catch is, there a number of provisions within the Relocation Statute that must be met or you could face contempt, the Court can require you to return, and the Court may go so far as to change the primary residential parent.

latter@woodatter.com

In a Florida divorce you have to choose whether to hire a lawyer. The divorce and hiring a lawyer can be expensive and you have to determine if it is worth the money. As a Jacksonville, Florida divorce attorney, I find a lot of clients asking this questions. It is one I cannot answer for you, but I can give you the answer I feel explains it best.
If you are going through a divorce, then you at some point, have been emotionally involved in a relationship that you are now trying to end. Divorce is not without emotions and often our emotions and rational thought do not go together. What often happens is that one party may get a lawyer and the other does not and the unrepresented party tries to remain reasonable and understanding to the needs of the spouse. The represented party has someone by their side that is helping decide what is reasonable and what is in their client's best interest.
The reason that I feel it important to have an attorney working for you is that we (lawyers) are not emotionally connected to your divorce, so we can remain objective throughout the process. We can help you better understand where you should give in and where you should stand firm. My reason for this is not self motivated, but truly because if I were in your shoes, I would want someone removed from my situation to help me have a firmer, more objective approach because I know that my emotional decisions have historically not been my better ones.
If you are on the fence regarding hiring an attorney, it is best to meet with someone and find out your options. There are consultation fees most times, but the wedding cost a lot more than any of us are charging for a consultation fee. Your future deserves the same care and aforethought.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

What used to be one of the biggest assets in a marriage in Florida is now one of the biggest liabilities due to the current market economy. What are you supposed to do with the marital home when the marriage is dissolving? There are some options which are as follows:

1) Let the bank take back the home in either foreclosure or a short sale action. This will mean that both the Husband and the Wife will suffer negative credit marks, however.

2) One spouse can agree to take on the house and all of the debt that goes with it.

3) Both parties can agree to place the house on the market, move out and rent the property until it sells splitting the monthly rental income and splitting any equity upon the sale.

4) One party buys out the other and refinances the home in his or her sole name.

These are just some solutions to resolving home liability issues. While there is no ideal answer regarding the marital home in this economy, the issue requires the advice of an attorney. Please contact our firm to help you resolve this division of property.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

When parties divorce in Florida, the court orders that the marriage contract is broken. In an annulment action, the courts declare that the marriage never was. To obtain an annulment in Florida, it is much more difficult than obtaining a dissolution of marriage, and it occurs less frequently than dissolutions. However, if you require an annulment for religious reasons, you need to contact your rabbi, priest or minister as well as an attorney to complete the process. Certain grounds must be proven to the courts to obtain an annulment. An annulment cannot be obtained based on the fact that the marriage was short. The courts require more. The certain grounds that can be alleged in an annulment action are: 1) that a party did not know what he/she was doing when they got married due to intoxication, mental incapacity, etc. 2) that the marriage was illegal such as in Florida you cannot marry certain members of your family 3) that there was fraud involved in the marriage that goes to the substance of the marriage. If you think you may qualify for an annulment instead of a divorce, or you require an annulment for religious reasons, please contact our firm for expert advice on the dissolution or annulment process in Florida.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In Florida, a dissolution of marriage is the legal term for terminating a marriage. One party must file a Petition For Dissolution alleging "grounds" or reasons for the divorce. However, in Florida, only two legal "reasons" can serve as grounds for the divorce and those are 1) that the marriage is irretrievably broken or 2) that one of the parties to the marriage is mentally incompetent. Usually the first ground is the ground that is alleged in the Petition For Dissolution as the second ground can only be used if a spouse has been adjudged by a court to be incompetent for a period of at least three (3) years. While you may believe your spouse to be incompetent, if a Judge has not signed a judicial order indicating your spouse's incompetency, then your spouse is not legally incompetent, and the ground cannot be alleged. If the marriage is irretrievably broken, this means that the marriage has so many issues and disputes that they cannot be resolved through any type of counseling or classes, and the marriage is completely and totally broken. If you feel that your marriage is irretrievably broken or your spouse has been adjudicated by a court to be incompetent causing the breakdown of your marriage, please contact our firm for expert advice in helping you navigate the dissolution process.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of people sitting across from my desk in the initial consultation in my family law practice waffling about whether or not they should get a divorce. Obviously, if they are sitting across from me, things are NOT copacetic in the marriage. However, that doesn't always mean that divorce is the only answer. How do you know when you should get a divorce or stay and try to work things out? Normally when parties begin the divorce process, one or both of the parties is not truly ready for the divorce. Here is a good article that asks eight questions to help you decide if you are ready to enter the divorce arena. If you are having trouble deciding on how to proceed in your marriage, or just need expert advice on the entire dissolution process, please contact our firm to arrange a consultation.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

No matter what happens with your divorce in Florida, divorce is costly even if the parties agree on almost every matter. In the end, each party is still having to live on half of the money that they were prior to the divorce. How do you still take your child on a nice family vacation post-divorce in Florida? Below are some suggestions for having a blast of a vacation and building family memories post divorce without breaking your bank.
1. Camping- having memories around the campfire is a great way to wind down and bond with the child(ren) post divorce. It's an inexpensive way to put the stress of the dissolution behind you and to focus on the children in a relaxing setting.

2. Visiting Extended Family- if the ex spouse did not see eye to eye with your extended family, now is the perfect opportunity to rebuild the extended family relationship. Grandparents are important to children. Take this opportunity to build the bond.

3. Volunteering- Take your kids to volunteer at the homeless shelter or Habitat For Humanity in your city. These volunteering opportunities will help to build character and will allow the child(ren) to give back to others. Oftentimes, helping others helps to take the stress off of ones own situation.

4. Fishing or Horseback Riding Trip- There is no better way to de-stress from a contentious legal battle than to get back to nature.

5. Do NOT go into debt to go on vacation. If you can't afford to travel, find creative, interactive activities to do in your own backyard such as a craft project, grilling out, backyard sports such as badminton, etc.

Whatever you decide, there are ways to enjoy the family summer vacation post divorce without breaking the bank. At this point, the kids just want the security of being with you. If you have any questions about child custody, alimony, divorce, child support or other family law or criminal law matters, please contact our firm for expert answers.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

More courts throughout the country including Florida are recognizing a condition called Parental Alienation Syndrome or PAS. PAS in Florida is most recognized in contested child custody cases. PAS occurs when one parent pits the child or children against the other parent in a child custody dispute and indocrinates the child with disparaging remarks about the other parent in an attempt to wreak damage to the parent/child relationship and to taint the child's view of the other parent. In some cases where PAS has been alleged, the courts have transferred custody to the parent who is being alienated in order to preserve the relationship. In some jurisdictions, PAS is charged as a criminal offense. In Florida and most other jurisdictions, the courts use the best interests of the child standard and most often, alienating one parent from the child is not in the child's best interests. For more information about this issue and other issues involving divorce, child custody, child support, or family and criminal law issues, please contact our firm for expert advice.

By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
- Child support is a calculation mandated by Florida Statute 61.30 and is based on the net income of the parties as a whole and the individual's percentage of that whole. There are things taken into the calculation consideration such as mandatory retirement and union dues, insurance costs of the child(ren) and day care costs for the child(ren). There can be considerations given for special needs or circumstances, but typically the calculated number will be the actual child support to be paid.

2. Which parent will get the child(ren)?
- The court can look at the history of the family unit, to which parent will be more likely to provide for the child's needs, etc. Ultimately the decision is based on the best interest of the child. While the Courts should look solely to the factors impacting the child, sadly there are still biases that sometimes remain, but those can be defeated under the right set of circumstances.

3. How often will I see my child?
- In Jacksonville, we have 4th Judicial Circuit Time Sharing Guidelines, which sets up the minimum amount of visitation. Each circuit is different, but many have the same concepts in place. Basically, the guidelines set-up alternating weekends, one night per week for dinner, and alternating holidays. Summer timesharing is often switched.

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

1. In a divorce, who gets the home?
- The marital home is a marital asset and is subject to equitable distribution or the assets being divided equally. However, if there are minor children, then typically the party who has the majority of the time with the children will get the home until the children reach the age of 18. If there are no children, one party may force the sale and the proceeds be split equally.

2. What if nonmarital money was put into home?
- If one party put money down on the home that was nonmarital (obtained prior to the marriage ex. sale of prior home), then the nonmarital amount is credited to that party and the remaining equity is split 50/50.

3. Why do I have to pay alimony or spousal support?
- You create it, you support it. Now, there a number of factors that go into this determination of support: length of the marriage, marital history, educational backgrounds, work history, need, etc.

4. How much will I have to pay in alimony?
- Florida does not have an alimony calculator like some states. The Court and attorneys typically have a formula that is based on need, length of the marriage, ability for the party to provide for him/herself, educational background, work history, etc.

5. Do I have to pay alimony or spousal support if my ex moves in with someone?
- No. Cohabitation of a party receiving support is a statutory basis for terminating the spousal support. The ex does not have to remarry, you simply ask for the a modification or termination from the court based on the fact that your ex is receiving support from someone else in the form of a roommate.

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 Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Collaborative law is a relatively new area of practice in Jacksonville, Florida, that gives parties an opportunity to divorce or to settle another family law issue out of court in a private and respectful manner. The parties agree up front to forego a trial on the issues but each party has their own attorney to represent their interests in the dissolution. The parties may also employ mental health experts, financial planners and accountants depending on the issues involved in the case. The parties will have a series of short meetings with all professionals for each side present and will set goals and reach agreements in those meetings which are set at a mutually agreeable time instead of when the court sets the dates. The parties will have complete control of the process and most importantly, the outcome. The Court will only be used to finalize the agreement, if one is reached. Our firm is on the cutting edge of utilizing this area of practice in resolving family law cases in Jacksonville, Duval County, Florida and the surrounding counties. If you have a family law case or issue that needs resolution, please contact our firm to discuss all options for your case.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The older and more experienced I get, I have been researching articles on good health and good health practices, and surprisingly, I have found many articles that state that marriage is good for your health! Obviously divorce is quite stressful and the effects of stress on the body and your health is well documented as being so harmful on the body and on overall health. Studies have shown that those who are married give higher value to their health opposed to those who have never married. Those who have been married and have experienced a divorce or who are experiencing a divorce may report more documented illnesses and more documented health concerns. If you are experiencing a divorce and the stress related thereto, contact our firm to help ease your panic, fear and stress levels as we take on your case with compassion and expertise.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

There was an article in the New York Times that outlined the divorce rate in this country at the present time as compared to divorce rates in the 1950's. It appears that divorces are on the rise especially in this down economy. It appears that couples who married in the late 70's had a less than 50% chance of remaining married. Those couples who are celebrating 45th, 50th and 70th wedding anniversaries are practically becoming obsolete. One reason for the drop off in couples reaching these landmark anniversaries is that people are marrying later in life these days and one party may die before the couple is able to reach the 25th wedding anniversary mark. However, the recent trend has been that couples are separating after about 7 years of marriage and divorcing during the 8th year and not even seeing the 15 year anniversary mark. If you are experiencing marital unbliss and are contemplating a divorce, please contact our firm to guide you through the process with expertise.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Divorce affects everyone. From the parties to their extended family and even their friends. But divorce affects children differently from adults and children experience the pain of divorce differently at different ages. Here is a good article on what you can expect your child to experience emotionally during the divorce process. Jacksonville, Florida and the surrounding cities such as Fernandina, Orange Park, Green Cove Springs, St. Augustine and Palatka all have classes that are required when going through a divorce with children. The class is quite helpful in teaching the parties how to behave in front of their children to help the children cope with the dissolution process. If you are experiencing the break-up of a marriage and have questions, please call our firm for expert advice and help.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Family law in Florida is probably the most personal of all areas of law in that we, as practitioners, delve into the deepest secrets of families in order to fight our case or to settle an issue. Many times the Husband or Wife will know the other's passwords to bank accounts, email accounts or will intercept text messages of the other spouse. These things are all perfectly legal and can be used as evidence against a spouse in court in Florida. If a spouse has access to online email accounts or online banking information then it is perfectly legal for that spouse to access those accounts. If the account shows that the other spouse has been hiding money or spending money to further an affair, then that can be used in court as evidence. Text messages are the same. The moral of the story is this, if you don't want your emails, text messages or banking information to be used against you in court in a divorce action in Florida, then don't give your spouse the information necessary to access it. If you need advice on divorce, child custody, child support, alimony, adoption, modifications, equitable distribution of property or post divorce advice, please call our firm.

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.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

The first thing I tell my clients when they come to me with an initial divorce is that in divorce, nobody wins. I mean, in the end, the marriage is broken, property is divided and time with the children is usually sacrificed by both parties. But there are things that you can do when experiencing divorce or after-divorce issues and the most important thing you can do is to get a GREAT family law attorney. The service that we provide to our clients is absolutely different from standard law firms. Immediately, the client can feel it. So many times I will have a potential client sitting in my office and they will tell me, "I've met with 3 other lawfirms and this firm is so different." Its true. We look at our clients as colleagues. You know more about your case when you walk through my door & will serve as a more than valuable resource during our representation. We use a variety of communication methods to keep in real time touch with our clients and the most effective is through the use of text messaging. This communication avenue will give you access to your attorney at the touch of a button and will get the answers you need in a timely and less costly fashion. When time-sharing or custody is the main issue in the case, it is important to be able to talk to your attorney when your worries pop up. This is the only case to you and it is the most important case! Lawyer access and detailed attention to you is required. If you are experiencing a divorce, child support, child custody, alimony or post divorce problems then please call me and our firm. We perform a wide range of services for our clients from estate planning, medical malpractice, auto accidents, child-injury, franchising, business development to criminal law and family law. No matter what the issue, we are your one stop shop to help you and you will feel the difference!

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Well, you've divided up your property, split the bank accounts, decided child custody or time-sharing and on the amout of child support to be paid but who gets the family dog or pet? Oftentimes this big little life is forgotten when dividing up the property in a dissolution and it turns out to be a really big deal in the end when deciding who will get the love of the family. There are no real statutes in Florida that deal directly with what to consider when deciding to whom the pet should go but it has always been my argument that the courts should use the best interests standard that is used in child custody/time sharing determinations. It is apparent that this little innocent life should be treated as any innocent life that can't make decisions for itself. The party who can best provide for the little one and who has shown the most consideration for the animal's best interests should be the party to get the animal at the end of the dissolution. But oftentimes, our furry little loved ones are treated as property and given an economic value in court. If the economic division of property is unequal, the courts may give our furry family member to a party to equalize the value of property distribution. Please think about this when you are in mediation and do not forget to discuss the furry members of your family and how they should be treated in the dissolution process. For more informaton on this issue, please call our firm for expert advice.

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just about the worst thing that can happen to a parent is to have their child abducted. In the course of a divorce case with custody or time-sharing that is at issue, unfortunately, child abduction by a parent can be a real threat and a real reality. There are approximately 200 cases of parental child snatching every year. Sometimes these parents leave the home state of the child or remove the child from the United States altogether. Florida, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which rules that initial child custody determinations should be made by the child's home state. A child's home state is the state in which a child has lived with a parent or guardian for at least six (6) months.

Continue reading "Parental Kidnapping: What To Do To Recover Your Child in Florida!" »

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

Going through a divorce in Jacksonville, Florida or its surrounding areas can raise questions involving visitation, child support, alimony, etc. However, what about grandparents and the impact of divorce on them? In Florida, grandparents are not given a statutory right or any other right to the grandchildren, except as decided by the parent(s).
This matter may arise if the parties that are divorcing disagree on the grandparents having visitation, or if one of the parents is deployed, incarcerated or otherwise not allowed visitation with the children. The primary residential parent would be the decision maker for the children in that scenario. Therefore, that parent can determine with the grandparents will actually get any form of visitation with the children. As grandparents, it is best to keep a good relationship with your own child and your child's spouse/exspouse in order to preserve a relationship with your grandchildren.

In Jacksonville, Florida family law, I deal with cases involving children, divorces, support, visitation and custody, and as d a person interested in my work, I find different information helpful. What is most interesting, however, is that there are so many different statistics we can view, pieces we can read on the effects of divorce, societal changes and how they are affected, and multiple other news and information outlets regarding this topic. However, it does not seem like most of the information provided is from firsthand experience and what a child may have witnessed in their broken home(s).
Recently, I was reading an article in the Washington Post on, the book "The Marriage- Go-Round" and how Americans have a higher rate of divorce than any other country in the world. Not only that, Florida has a higher divorce rate than mid-west or western states. The article discusses the whys and why nots and stability's role in our lives. "If you already have a child and you've broken up with the other parent, slow down. Take your time bringing new people into your household." Andrew J. Cherlin, a Johns Hopkins University sociologist.
The issues raised in the book and the article are all factors in considering a "Parenting Plan," which is now a requirement in divorces involving children. It allows you to factor in the many difficult decisions you and your exspouse will be making through your child(ren)'s life. It's important to consider factors in dealing with new relationships and introducing them into your lives. It also allows you to consider birthday, graduations, weddings, etc.

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.

Florida's visitation is now timesharing and residential parent is now majority timesharing parent. As a Florida family law attorney I have focused on the parents and children going through this change, but it was brought to my attention that change in visitation and custodial parents is actually having an impact on the Florida schools.
I practice primarily in Jacksonville, Orange Park, Fernandina and St. Augustine, but an article in the Bradenton Herald caught my attention. The article, entitled "Schools Custody Policy Proposed: Custodial Parent Is No Longer Decision Maker In Schools" deals with the impact the new legislation has had on the schools determining which parent is the "go to" parent on school issues. Historically, a family would go through a divorce and the mother or father was determined the "Primary Custodial Parent". In today's world of timesharing, things have changed and the language needs to be tightened up to make things easier. The legislature did create "Parenting Plans" to help in this transition and determine the roles of the parents.
While the article states that timesharing is designed to give both parents 50/50 split, that is actually not true. Timesharing is a way for the parents to feel as if they both get the child and that one parent is not more important or greater than the other. The courts, at least in Jacksonville, still frown at the concept of children not having a stable environment.

Continue reading "Florida's New Parent Timesharing Affects Schools" »

Getting an annulment in Jacksonville, Florida is possible if the marriage is void or voidable. A void marriage is one that is not legal, from the very beginning. For instance, if you are still married to someone else, then your new marriage is void. However, what happens when the "void" becomes "voidable?"
The scenario would be one where the original marriage was illegal or void at the time the "I dos" were said and then became legal along the way. This scenario would possibly unfold in a situation as follows:
Ann was married to Bob. Ann believed to have divorced Bob. Ann then marries Carl. During the marriage to Carl, Ann learns that the divorce to Bob was never finalized. Then Ann's marriage to Carl is void. However, if during Ann's marriage to Carl, Bob dies, then Ann's marriage to Bob is over and the marriage between Ann and Carl is now voidable on the basis that at the time of the marriage, Ann was still married to Bob.
Basically, if this scenario were to unfold and the marriage between Ann and Carl needs to end, rather than asking the court for a divorce, Ann or Carl can ask for an annulment since they were originally in a void marriage.
One factor that can play a role is that voidable marriages are considered valid if consummated. Meaning, if upon learning that the marriage was "void" and now "voidable" and then the Ann and Carl have sexual relations, then the court may require Ann and Carl to get a divorce.
Jacksonville judges do not see a lot of annulments due to the difficulty in obtaining one. So, if you believe that you qualify for an annulment, it's best to hire an attorney who understands the issues involved in having the court grant one.

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.

In a Jacksonville, Florida divorce, just the entry of the, "parties are returned to the status of being single" does not bar a claim for child support, division of assets and liabilities and all other related issues. Basically, it is a tool often used so that the parties can declare themselves divorce, but the proceedings continue the path they were on.
The difficulty is, when one party sees this, it may cause panic, tears, concern and frustration. Actually going about the process correctly takes finesse, patience and understanding for the other party. Explain to them that they are not stopped from getting matters resolved, but simply taking care of one issue, the actual marriage that still holds them as "husband and wife."
When going through such a process, make certain that you have certain things in place like a provision that the Final Judgment does not preclude further action. However, in regards to child support, Florida law makes it clear that you cannot actually negotiate away your right or responsibility to child support.

In Jacksonville, FL and Duval County and the surrounding counties of Clay, Nassau & St. Johns Counties, the filing fee for a divorce is about $408.00. However, the Florida House & Senate are looking for ways to decrease the deficit by proposing to raise the filing fees for a divorce to $1,000.00 for couples with assets valued at $50,000-$250,000 and to $2,000.00 for couples with assets over $250,000.00! At this rate, nobody will be able to afford to file for divorce. This means that even people who choose to proceed without a lawyer in a divorce case will have to pay the clerk of court one to two thousand dollars just to file the Petition For Dissolution at the courthouse. If you have questions about the divorce process or child support, child custody, alimony, division of assets or liabilities, please call our firm at 904-355-8888 for help.

Here is an article that describes how to have a happy relationship in hope of avoiding divorce down the road. http://dating.personals.yahoo.com/singles/relationships/24240/dating-advice-top-10-relationship-tips Because I work in the area of family law in Jacksonville, Florida, each and everyday, I enjoy helping people manage crisis in hopes of creating solutions that will be workable for all involved especially if the couple has children. I do not encourage divorce but unfortunately, it happens, and people need an impartial, non-emotionally involved practioner to protect their legal rights during the process as most people are way too emotional to think straight enough to make reasonable decisions. I provide the article above to help you avoid ending up in the courtroom. As an old proverb says, "you never truly know a woman until you meet her court"! Have a happy marriage but if you have questions regarding the dissolution process then please call our firm at 904-355-8888.

In Florida, the statutes regarding paternity, child support, visitation and custody have different laws when dealing with an out-of-state parent. I am a Jacksonville area divorce and family law attorney and recently I had a case involving a mother and child that reside here and a father that lives out-of-state. The issue that was difficult to overcome is, "which court is proper to bring actions regarding the child?"
Florida Statute 48.193 requires that the out-of-state resident to have some form of contact with the State of Florida. While the presumed father has the option to prevail on this issue if he has not been in Florida, nor was the child conceived in Florida, that does not resolve the issue for the presumed father.
Once a child resides in Florida, the Florida courts have jurisdiction over that child through the UCCJEA and Florida Statute 61.514. Therefore, all actions dealing with visitation and custody must be brought in Florida, so an out-of-state court may be required by the presumed father, to determine paternity and possibly child support, but if the father wants visitation with the child, he will be required to file in Florida.
Also, if any of the actions in Florida Statute 80.2011, then Florida can have jurisdiction over all aspects involving the child, regardless of the other party's contacts with Florida.
Basically, if someone brings the issue of jurisdiction when dealing with a child, the individual will most likely have to hire an attorney in two (2) states as opposed to one (1). It ultimately makes more sense for all actions to be handled in one court and one state and to save the cost for attorneys.

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?

As a divorce and family law attorney in Jacksonville, Florida, I am aware that even in today's world, custody battles still have judicial biases. As an attorney who represents both men and women, moms and dads, I am disturbed by this court bias that exists. In determining custody, the judge is supposed to look at which parent is most likely going to foster a caring, loving and affectionate relationship between the child and the other parent. In addtion, it is important for the custodial or primary parent to work with the other regarding visitation or timesharing. However, in many cases the court can be given all inforamtion showing that the father is the right parent to provide these things and the mother is actually not fostering the relationship with the other parent, but the judge will still name the mother the primary residential parent.
I am shocked by the idea that one gender can still be given more weight than the other in a modern day judicial system. For the benefit and justice of the child, this prejudice seems unfair and archaic. So, how does one combat it? Truthfully, there is no silver bullet, simply evidence. The more you have on your side the better your case. However, the bias remains true and fast in today's world and it is one that can really only be corrected, in time, by the general public's involvment in the judicial campaigns in their area and state.

If you are going through a dissolution proceeding or any family law proceeding that includes modifications of final judgements, child support issues, child custody issues, alimony issues, then most likely you will be required by the courts to attend a mediation. A mediation is a formal settlement conference where the parties sit down with a mediator who is an impartial person designed to help the parties reach an agreement regarding the issues in a case. To mediate issues properly, you should have your financials available such as cost of children's health insurance, cost of your own health insurance, the cost of daycare, if any, the cost of private school expenses, the cost of extra-curricular expenses for the child and decide who will get the IRS deduction. You should also have the values of any real property as well as the value of any personal property in dispute. If there is any debt in dispute, you should know who's name the debt is in, proof of the amount owed, and whether the debt was acquired during the marriage or before the marriage or acquired during the separation of the parties. Having all of this information available for the mediator will make the mediation run more smoothly and give you a better chance to reach a settlement with which each party can live.

For more information regarding mediation services, please call our firm at 904-355-8888.

In my experience as a divorce attorney in Jacksonville, Duval County, Florida, nothing can bring on acts of insanity in otherwise reasonable people like a nasty divorce proceeding. Whether the issues are child custody, child support, alimony or the division of assets and liabilities, when parties split, emotions run high and otherwise reasonable people can tend to engage in some insane antics. Here are the top three stories gathered from other dissolution proceedings to show the importance of keeping your cool as well as your mind when going through a dissolution proceeding.
#3 A Couple in Cambodia Divides the Marital Home: After a Cambodian man suspected that his wife was having an affair with a local police officer, he and his extended family loaded up some chain saws and literally drove to the marital home and cut the house in half right down the middle. The Husband then took his half of the house and transported it to his parent's house for safe keeping.

#2 Japanese Wife May Face Criminal Charges for Killing Off Her Husband's Online Gaming Character: After a Japanese Wife discovered her Husband was having an online gaming affair by having his online character have relations with another online gaming character, the Wife hacked into the Husband's computer and "killed off" i.e. "deleted" his online character and over a year's worth of purchasing costumes for the character and buying weapons for online battles and such. The Husband contacted the police who realized that in Japan this was actually a crime. Now the Wife is facing serious criminal charges for "murdering" the Husband's online gaming character.

#1 Wife Discovers Husband's Intent to Divorce on Facebook: Oftentimes its difficult to tell the other spouse that one spouse has the intent to seek a divorce. A Wife in the U.S. was checking her Husband's facebook status and saw: "Neil Brady is ending his marriage to Emma Brady". The Wife had no other indications that the Husband intended to seek a divorce. The Husband indicated that the Wife should have known as he had deleted her from his "friends" on facebook.

If you have any questions or concerns regarding dissolution proceedings, contact our firm to help you get through the process and to help keep you sane while doing so. Although the above article has some humorous aspects to it, the dissolution process is in noway a laughing matter. Please contact our firm to seriously handle your case and to give you good care throughout the process.

Florida Family Law has a new requirement for a Florida Parenting Plan for any divorce involving children. As a Florida Family Law attorney, I think this is a great way for parents to put the children first in their divorce. However, it's just as important to communicate with your children when you're going through a divorce.
We all think that divorce or issues involving our kids is an "adult" issue. The truth is that children feel the affects from beginning to end. As much as divorce may have impacted your life, their life is impacted even more. During a divorce, it is important to keep an open line of communication with your children. Remind them that this is not their fault, remind them that you are both their parents regardless of what mom and dad decide to do. Remind your children that they will still see the other parent.
Think of divorce as a way to learn new communication skills with not only your soon to be ex-spouse, but your children too.
Intentional conversation, open conversation, can make the difference for you and the children. Do not be afraid to let them in, just do not use the opportunity to put the other parent down. Open communication does not equal negative communication. The trick is to remain positive, but realistic. Do not promise things that you cannot deliver, simply let them know what is happening and how things will change, but also how some things will stay the same.
The boxing gloves, while they should never be put on, should be reserved for the attorneys and the other parent, NOT the children.

Florida has annulments, but they are not governed by Florida Statute or law. As a family law attorney in Jacksonville, Florida, I can honestly say that annulments are rare. Annulments are most common in religious settings mainly because a church will sometimes require one from its divorced members. However, getting a court to sign off on an annulment requires a number of steps to be shown or proven to the court.
In Florida, there are only two ways to be granted an annulment, either by showing the marriage is void or showing it is voidable. While they are similar words, they are very different terms. For purposes of this article, I am focusing on the voidable scenario.
A voidable marriage is one where the parties may present to the court that their marriage is invalid for one of the reasons below. However, if the marriage is consummated (marital relations take place) any time after learning of the voidable action, then an annulment is not possible. The following are the forms and explanations of a voidable marriage.
1. Fraud and deceit: Where the deceiving party was lying regarding material facts and the other party actually rely on the misrepresentation. (Example: not telling the other party ones real identity).
2. Duress and undue influence: The act of duress must be shown to have stopped the innocent party from expressing or acting with any form of freewill.
3. Consanguinity: This is actually where the parties are related within a certain degree of one another (example: first cousins).
4. Impotence: This is simply the inability to have marital relations. However, simply being sterile does not give rise to an voidable marriage.
Annulments are not governed by Florida Statute and require more work than a simple divorce, so you should seek the assistance or a good family law attorney to help you.

A Florida Annulment is not a common practice in family law, but they do occur. Florida divorce attorneys do not see annulments on a regular basis because the standard of proof is very difficult to achieve. Recently, I was successful in getting a fraudulent marriage annulled in Jacksonville, Florida. The facts the case were perfect for showing that the marriage was based on fraud by one party against the other, however, that is typically not the case.
For those who don’t really understand what an annulment does, other than allow you to take communion in a Catholic church, it actually makes it as if the marriage never occurred. It’s not a divorce because it completely works to put the parties in a position as if the wedding, vows, etc. never occurred. They are granted only if the marriage is void (one party still married to someone else) or voidable (induced by fraud) and not consummated after learning of the fraud.
A divorce, on the other hand, is the recognized ending of an intact and valid marriage. A divorce is often an important action when there are children born of the marriage, even if the marriage was voidable at the time. The reason for that is because the parties do not want it to appear as if their child was born out of wedlock.
Florida Annulments are not actually defined by Florida statute, but Florida case law. Therefore, it is important to speak with someone that understands the process before asking the court to grant one.

Florida Statutes 61.08http://"target=_blank"governs the factors the courts can use to determine an award of alimony in Florida. However, in Florida, there is no formula for calculating the amount of alimony that could be awarded to any party like there is in calculating a child support obligation.
The main factors considered are the following:
1. The length of the marriage.
2. The contribution of the parties in the marriage
(a) Did one party give up their career or education for the benefit of the other?
(b) Was one party the primary source of income?
(c) Was one party the caretaker?
3. Does the party seeking alimony have the ability to maintain the same lifestyle as a single as s(he) did during the marriage?

The courts must use only the factors set forth in the above statute so it is important when choosing a divorce attorney in Florida to choose a lawyer who is familiar with the above factors and can apply the factors to the specific facts of your case.

In Florida, when parties obtain a dissolution of marriage and there are children involved, one issue is which party will carry the health insurance on the children. If the party who does not have primary timesharing with the children carries the health insurance for the children, he or she will receive a "credit" towards the child support obligation to help cover the cost of the health insurance. As such, it can be a benefit to be the party who sustains the health insurance obligation. However, recently, the government has been exploring the idea of taxing health insurance benefits to employees. Under the current law, employer contributions for health insurance premiums provided for employees are not taxable income to employees, but that could change in the near future. Be aware that if health benefits become taxed as income to the party maintaining the insurance on behalf of the children that this could affect the child support, net monthly income and "credits" provided to the obliging party.

When John Nelson of Orlando Florida was making six figures as a software executive, it was no struggle for him to pay $2200 a month in child support to his ex-wife. But when he got laid off and couldn’t find work, the story was different. He filed for a reduction in his support payments, but had to wait nearly a year to get to court – and he was required to keep paying the support while he waited for his case to come up.

By the time his case was heard, Nelson had found a job as a high school science teacher, making significantly less than at his previous job. He was astounded when Family law Judge Julian Piggotte not only denied his request to lower his payment, but actually raised his responsibility by $300 a month – leaving him just $58 a week to live on. The judge then recused herself from the case because her husband is a coworker of Nelson's ex-wife. Nelson sold his house and moved to Georgia to look for a better paying job. While he may be able to afford the large child support payments, he will be living father away from his kids. Find out more about this topic at Many Dads Asking For Changes In Child Support.

When a parent loses a job, the children still need food, clothing and medical care among other things. Courts make child support decisions based on what is in the best interest of the child, not of the parents. If you are involved in a divorce or child support issue, please contact our firm for expert legal counsel.

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.

Many of us have heard the old adage that divorce is hardest on the children. Now counselors and psychologists have a new name for the phenomenon – they have coined the phrase “parental alienation” (also sometimes referred to as “alienation of the child”). The term refers specifically to one parent going out of his or her way to turn the children against the other parent and can include telling children inappropriate information, lying, denying court mandated visitation, and even parental abduction. Experts are careful to note that this goes far beyond relatively normal behavior of speaking out occasionally in front of the children in anger or frustration; parental alienation is marked by parents putting their own selfish feelings above the welfare of their children.

When parents put themselves and their anger ahead of their children, they draw their children into conflict, making the children confused and anxious as they try to work through issues of parental loyalty. Ongoing effects on children can include depression, behavioral problems and learning disorders. Counselors recommend using mediation and collaborative family law to resolve these types of issues within families. They believe that the best way to help children is through early intervention with parents. Most importantly, children need to get the message that it is okay to love both parents during and after a divorce. Read more about this phenomenon at Children torn by divorce.

True parental alienation is a complex emotional issue that likely will involve legal action if one parent is denying court-ordered visitation. A parent in this situation should seek legal counseling and advice from a qualified family law attorney. If you believe you are the victim of parental alienation, please contact our firm for help.

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.

When going through a Florida divorce or paternity case involving children, it is important to put the children first. Florida Statute 61.122 governs child custody evaluations in Florida. When Florida parties are divorcing and custody is an issue, the court will often order the parties to obtain a custody evaluation. A custody evaluation is performed by a licensed psychologist who will interview the parties, the children, neighbors and any witnesses suggested by the parties or by the attorneys involved in the case. The psychologist will then write a recommendation as to which party should be the primary time sharing parent in the psychologist's opinion.
The courts rely heavily on the custody evaluation in custody cases but the courts do not have to follow the evaluation's recommendation. The cost of a custody evaluation varies ranging anywhere from $1,500.00-$5,000.00 and is usually split by the parties. It is important to obtain a Florida family law attorney prior to having a custody evaluation performed to receive counsel on statutory factors pertaining to custody.

Florida family law has a relocation statute that prohibits parents from taking children more than 50 miles from their residence without first providing notice. In accordance with the Florida statute, if you have been through a Florida divorce or paternity case and your ex has the primary timeshare of the children, there are specific acts that your ex must perform to be allowed to move more than 50 miles from the primary residence. The moving parent does not have the authority to move the parties' children on his or her own accord even if the move is to accept that new employment position paying that dream salary.

In Florida, the primary parent MUST notify the other parent, in writing, of his or her intent to relocate. The notice is called Notice of Relocation and must be signed before a notary and sworn to and filed with the court. The secondary residential parent then has 30 days to file an Objection to Relocation which will be heard before a Judge who will then decide what is best for the children. The Judge will take testimony from both parties and will determine if the move will affect visitation between the children and secondary residential parent, whether the children's relationship with other family members will be affected, the emotional impact of the move on the children and the relationship with the non-residential parent.

Please note that in some cases, if the primary residential parent moves without proper Notice provided to the other party and to the court, then the courts have authority to change the primary residential custody to the non-offending party. Thus, its very important to follow the relocation requirements as failure to do so could result in the loss of custody.

As a Jacksonville, Florida family law attorney, I have not had the privilege of seeing a case involving $100 million in assets plus alimony in the amount of $130,000 per month. While most of us would think this ridiculous, the truth is that in a Florida divorce the assets are divided 50/50 and alimony is provided under certain provisions.
Marie Douglas-David is divorcing her CEO husband, George David, and in return she is asking for a little less than half his money, a mere a $100 million. In addition, she is requesting alimony of $130,000 per month. While this divorce is causing quite a buzz in the media, in Florida, the actual lifestyle of the couple would be considered and Mrs. Douglas-David is entitled to maintain her lavish lifestyle. The problem is that she signed a post-nuptial agreement that limits her money to $38 million. While all of these numbers are excessive and most of us would be content with the $38 million the truth is that Mr. David is actually worth $329 million and in a Florida divorce (IF the post-nuptial was not valid) Mrs. Douglas-David would be entitled to on half, making her portion $164.5 million, so she's actually letting her husband save over $60 million.
In Florida, post-nuptials are valid. Post-nuptials are entered after the marriage of the parties. It is basically a way for the parties to protect themselves after the marriage commences and the signing party must be informed of all assets. Full disclosure is necessary to make the agreement valid, because otherwise the signing party does not know exactly what they are entitled to receive without the postnuptial.
Postnuptial agreements are less frowned upon than prenuptial agreements because you're not entering into it with the idea that you won't get married unless it's signed. It takes the pressure off both parties, but still protects both parties if anything were to happen to the marriage.

Grandparents' rights in Florida are not easy to accomplish. The Florida Supreme Court has held that the Florida Constitution makes it a personal right to determine who parents allow around their children, even when the excluded parties are family members. In the Jacksonville, Florida area, there are attorneys working to fight against the perception of no rights for grandparents and sometimes there are creative methods that can be used.
The common scenario we receive is someone calling and stating, "My daughter isn't allowing me or my Husband to see our grandkids! I want to file a petition for grandparent visitation with the courts! Can you help me?" While the situation is sad and usually not in the best interests of the children to cease a close familial relationship with their grandparents, the Florida law is such that grandparents do not have an inherent right to visitation with their grandchildren.
However, the situation is not completely dire. Sometimes there are ways around the issue and having someone review your particular facts may be beneficial. Recently in St. Augustine, Florida, a man was accused of killing his wife and was charged with the crime. Prior to his arrest, the man completed a Power of Attorney so that his children could be cared for by his parents. While this is an extreme example, the underlying fact remains that parents can give up their visitation with the children to their parents if they are going to be away for a length of time. This may be a "loop hole" for some looking to see the grandchild that now lives with their child's exspouse
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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 " »

First, the Florida legislature changed child custody to "primary timesharing parent" in October, 2008. However, since most of us are familiar with child custody and custody issues, this article will still address the issue as the historic term, "custody."
In dealing in Florida Family Law, paternity cases and divorces with children, custody issues often arise and the Custody Evaluation is the single most important factor. In Jacksonville, Florida, many judges are relying completely on custody evaluations to determine who should get the majority of the time with the kids. Some Judges only read the conclusions of the custody evaluation to make their decision.
The evaluation is conducted by a professional, (usually someone with a psychology and law background) who will interview the parents, speak with witnesses, talk to the kids, look at school records, etc. Then the evaluator writes a recommendation which is usually quite lengthy if done correctly.
So how do you present well in the custody evaluation? Extend a mental olive branch to the other party. During your interview with the evaluator, do not destroy the other parent with disparaging remarks. Describe the parts of parenting that the other parent does well and be honest in your comments about the children's relationship with their other parent. Then share the things that do concern you because even though the other parent is an overall good parent, tell the evaluator why the children are better off having more time with you.
If there are serious "concerns" such as child abuse, molestation, or similar behaviors, then you MUST disclose those to the evaluator. These concerns should be addressed in a professional manner with the evaluator, by giving examples or reasons for the beliefs. While those issues are difficult to remove yourself from emotionally, try to keep calm when discussing them so the evaluator has all of the pertinent facts and information to further his/her investigation.
Throughout the process, it is important to remain as calm and beievably positive as possible. You do not want to come across as "Donna Reed" when really you're just a working, single mom trying to make ends meet. That goes for you single dad's too, don't try to be Mr. Cleaver, be yourself, but also be the better part of yourself.

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.

In dealing with Florida family law cases with children, child support is an obvious factor. When going through a Florida divorce or paternity action child support will most likely be ordered by the court. In today's economic times, many more Floridians are facing bankruptcy and how that affects their Florida child support obligations.
Often, one party files for bankruptcy believing that any financial obligation to the other party will be dischargeable in the bankruptcy. On October 1, 2005, the new bankruptcy law went into effect and is entitled BAPCPA. The new law changed many things in the bankruptcy code including how a "domestic support obligation" will be treated. The support obligation can come in many forms such as alimony, child support, money owed to a spouse, or a money obligation incurred during a divorce agreement. Before BAPCPA, the bankruptcy law stated that you could NOT discharge a child support obligation or alimony in a Chapter 7 but you could discharge any money owed to a spouse under a divorce agreement as long as the money wasn't a part of the child support or alimony obligation. This is usually termed as an "equalizing payment" in the final agreement or judgment
Under the old law, if the spouse filing for bankruptcy couldn't pay the debt or if discharging the debt would be less detrimental to the spouse receiving the funds, it could be listed and discharged. Not so with the new law. In a Chapter 7 bankruptcy, the spouse will still have to pay and will not be able to discharge the debt so when the bankruptcy is over, the spouse will still owe the debt to the other spouse
If you or your spouse are having to file for bankruptcy, I encourage you to explore the idea of filing a joint case. This may be more beneficial to both of you in the end. The Bankruptcy Law Network is a blog that contains lots of good information concerning bankruptcy. If you are considering bankruptcy, you should check out this blog because it has information regarding bankruptcy, debt and collection.

As a Jacksonville, Florida family law attorney, divorce, visitation and custody issues are part of my daily practice. Visitation and custody are usually emotional and working with a client on their parental demeanor is vital in moving forward and eventually going before a judge. When dealing with custody and visitation of a child it is important that the court sees that you are willing to cooperate before pulling out a sword.
As of October, 2008, the Parenting Plan Statute went into effect with the purpose of countering bad behavior. The timesharing and parenting statute requires all parents to file and have the court approve a parenting plan that lays out exactly how all issues of time sharing with the minor children are going to be handled. Instead of limiting yourself to only two options, winning it all or losing, there is another, more productive way to approach the custody issue. The approach may require more maturity than some parties can muster, but, for those able to shift gears, think rationally and be patient, the following approach can be rewarding for them and their children. These steps can lead to a better solution for all, especially the children.
Think about, discuss and decide what your ultimate goals are for the kids. What outcomes would you like to see? Many people would want some of the following (or similar) goals:

1. Family Relationships
a. The kids having a great relationship with both parents
b. The kids having a great relationship with their extended families
c. Financial security for the children
d. Having a safe, secure home for the children
e. Having good schools for the kids
f. Providing for a college education for the children
g. Providing sports opportunities for the children
h. The opportunity for the kids to learn music, art or other interests

Each parent can decide what he or she thinks would be important goals for their children. Broader, underlying goals are more helpful and meaningful. If both parents think of goals in broad terms, they often can agree on them.

2. Look at the big picture.

a. Financial abilities of the parents
b. Parental/family member time available
c. What homes and schools are available and affordable
d. What the parents’ neighborhoods are like
e. The existing relationships between parents and children and the roles each parent plays with the children
f. What community resources are available
g. What special needs, if any, a child has
h. What interests the child has

Continue reading "The Importance of Attitude: Florida Divorce, Visitation & Custody" »

In Jacksonville, Florida, Family Law and Visitation took on a new role on October 1, 2008 and the way custody and family law has been practiced in Florida is no more. With the new parenting plan statute, judges are no longer to use taboo words such as custody, visitation, custody litigation, primary residence or access and contact. The words will now be replaced with the terms "parenting", "parenting plan litigation" or "time sharing schedule litigation", "time sharing majority of the time", and "time sharing".When dealing with visitation and parent-relations, "best interests" of the child factors have now changed and new factors have been implemented in Florida Family Law. The Florida parenting plan statute is designed to isolate the children from the divorce proceedings as much as possible and to emphasize drafting a plan to help parents in divorce meet the child's needs.
The following factors are now considered when parents are divorcing and custody and children are at issue:
(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.
(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.
(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.
(f) The moral fitness of the parents.
(g) The mental and physical health of the parents.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the child is of sufficient age.

Continue reading "Jacksonville, Florida's New Parenting Plan Requirements" »

In Florida divorces, Injunctions are prevalent. A Florida Injunction can be handled by your Florida Divorce Lawyer. There are specific criteria that must be met before a court can enter a permanent injunction. Section 741.30 of the Florida Statutes lays out exactly what must be argued to have a temporary injunction entered as a permanent injunction. The statute says that the petitioner must have been a victim of domestic violence OR have reasonable cause to believe that he or she is in imminent danger of becoming the victim of any act of domestic violence. The Elements which must be proven at a hearing before the Circuit Court are as follows:
1. Must be between family or household members.
2. The petitioner must claim to have been the victim of DV or is in fear of imminent DV attack. 3. The sworn petition shall allege the existence of such domestic violence and shall include the specific facts and circumstances.
4. Jurisdiction: Where petitioner currently resides, temporarily resides, where respondent resides, where domestic violence occurred.
There are specific ramifications of a temporary injunction being made permanent. If the petition is granted the respondent will be required to complete a 26 week Batterers' Intervention Program (and pay for it) if (a) the respondent has willfully violated the temporary injunction or (2) has ever been found guilt of a crime involving violence (batteries) or threat of violence (assaults). You should contact a Florida Family Law attorney regarding your needs for an injunction or to defend against allegations made against you.

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.

Florida law requires that all divorcing couples with children have a parenting plan, which includes support obligations for both parents. How do the courts in Florida determine a parent’s child support responsibility? The formula, outlined in Florida Statute 61.30, uses the parents monthly income to figure the total child support payment amount. Then each parent is assigned a percentage of responsibility based on their income as a percentage of the total income of both parents. There are some other factors that come into play as well.

Child care: 100% of child care costs due to employment must be added to the support amount.

Health insurance: Any premiums and ongoing medical expenses not covered by insurance must be added in.

Determine the actual amount of support: Florida allows parents to increase or decrease support obligations by as much as 5% without court approval.

Adjust for overnight visits: Child support must be calculated based on the number of nights the child regularly stays with each parent.

Add a provision for terminating child support: In order to automatically end support payments when the child turns eighteen, joins the military, or other recognized events, parents must include a provision for this in the parenting plan. Otherwise the parents will have to return to court to reduce or eliminate the payments.

Consider insurance: The court may require a payer to obtain life insurance. The court cannot require disability insurance, but parents can include a provision to maintain an existing policy.

If you are considering divorce and have children, please contact our firm for legal counsel. Find out more about Florida child support law at Florida Parenting Plans - Child Support Issues to Consider.

In a majority of Florida visitation cases, stopping the relocation of a custodial parent is difficult. After a divorce, determining paternity, or separating, relocating or moving with a child is not as easy as hiring a moving van. In Florida, there is a relocation statute requiring the relocating parent to inform the other parent of his or her intention to relocate and file that notice with the courts.
Once notice is provided, the parent that is not relocating has the option to file an objection to the move, with the court. Once that objection is filed, the judge must have a hearing to determine if the move will be permitted.
At the hearing, the parent that is relocating must show the court that the move is in the child's best interest and that it will not infringe on the non-relocating parent's visitation and relationship with the minor child. Also, there has to be a showing that the parties are able to afford travel expenses involved in continuing that visitation.
The courts want to preserve the non-relocating parent's relationship with the minor child and if the relocation would significantly diminish that relationship then the courts may be more apt to preserve the visitation rather than allow the relocation.

Written by: Whitney R. Lonker
Wood, Atter & Wolf, P.A.

In Florida, when couples divorce they often seek alimony. The economic situation is now leading to bankruptcy as a common divorce issue. If the filing former spouse has an alimony obligation, the question becomes, is that obligation dischargeable in the bankruptcy? Dischargeable bankruptcy debts are outline in United States Code, Title 11, Chapter 13. The old version of the law stated that the alimony obligation was not dischargeable unless the payor did not have the ability to pay the debt and the discharge benefit to the payor out-weighed the harm to the spouse receiving the alimony. That is not the case anymore in Florida. The new section maintains that debts such as alimony to a former spouse or spouse on a temporary basis in the course of a divorce cannot be discharged at all. So this means that if you have an alimony obligation or are receiving alimony, the alimony obligation cannot be discharged in a bankruptcy action. These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

Written by Whitney R. Lonker
Wood, Atter & Wolf, P.A.

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" »

In Florida, the parent that does not have the child the majority of the time does have rights. The court's main objective is to foster a good relationship between children and parents. In Jacksonville, Florida, the Court has developed the 4th Judicial Circuit Visitation/Timesharing Guidelines to help institute a satisfying schedule for both parents. These guidelines are suggested for parents that cannot reach a satisfying agreement regarding timesharing (visitation). If you and the other parent are able to agree on a schedule, then you can have a more liberal plan in place. Factors in determining the proper timesharing/visitation is also different when the child is under the ageto attend school and it changes if the child lives in a different city or state, depending on the distance.

Parental time sharing is considered important in Florida because it is in the best interest of the child to have a relationship with both parents, if possible. Florida Statute 61.13 details some of the aspects of handling visitation, but typically the courts in your area will have certain guidelines they follow. It's important to know what rights you have as a parent and to implement those rights with the court.

Written by: Lenorae C. Atter
Family Law Attorney
Wood, Atter & Wolf, P.A.

Having grown up in Florida, in a divided home. this is something I know a lot about. As a family law attorney in Jacksonville, Florida, I utilize what I learned as a child in dealing with similar situations. Dividing holidays, birthdays, special occasions and family vacations are a concern for any parent going through a divorce or paternity action. In Jacksonville, FL, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement.
Development of a timesharing and parneting plan assists the parents in formulating their schedule for the youth of the child, not just year-to-year. For instance, in accordance with the Jacksonville-area guidelines, holidays are alternated between the parents. In odd numbered years Thanksgiving will be with one and Christmas will be with the other and it will switch for the following,even-numbered year. If you are fortunate to all live in the same city, then it is alternated a little differently.
In approaching the subject with your children, it's important to keep a positive attitude about the changes. Remembering the "silver lining" ideas, such as more presents and twice the celebrations. I remember having two birthday parties, which seemed like the coolest thing in the world when I was a kid.
When separating and developing two different households things will never be perfect, but they can and often do work.

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

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.

In Florida, moving with a minor child is more than just hiring a mover. Florida Statute 61.13001 gives you specific directions in dealing with this topic, but not following the statute can lead to many issues.

If you are moving 50 or more miles away and you plan on taking your child(ren), then the statute requires that you inform the other parent by Notice and let the court know of the change. The other parent has the right to object to your relocation after receiving notice. If you move before the relocation is entered with the court, then you can be forced to return to Florida, with the child. Failure to comply can lead the court to order you stay in Florida; change the primary residence of the child; or other otions available to the court. It is important to understand that Florida Statute 61.13001 is very precise and has a number of requirements, it is important to follow the statute precisely and would be beneficial to seek legal counsel.

In Florida, the law recognizes certain items as premarital assets and in a divorce those items typically remain with the person that brought them in. Engagement rings are always a question for clients because one party paid for the ring and one has been wearing the ring, so to whom does it belong?

If you received an engagement ring but did not go through with the marriage, then the ring is normally returned. However, if you received the ring, went down the aisle and were married, then that ring now has a place with the wife regardless of payment being made by the husband. The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage. The value of the ring, given that it is premarital, does not go into the pot of the value of the couple's assets. Therefore, if the ring is worth $20,000 and was a family heirloom of the husband, as was the issue in a recent Florida case, the court must still find the ring as nonmarital property and will go to the Wife.

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.

Some people may think that child support ends with death. "Well, when I die, at least, I will not have to pay child support any longer." Not so fast, the family of Scottie Pippen is still getting child support bills for him even thought he has been dead for 10 years. The story was reported in the South Florida Sun Sentinel.

The family attempted to clarify this matter many times over. Unfortunately, some child support office is chasing down a dead man when efforts could be made to better pursue living child support obligors in the State of Florida.

Child support is court ordered pursuant to a hearing or agreement of the parties. Typically, when the child graduates high school, marries, emancipates, or otherwise becomes self sufficient. The Court order of child support must be reviewed to determine the duration of the child support obligation in Florida.

Social networking sites like Face Book, My Space and others provide for a good support system for friends and family. When people are feeling down and need a friend or just are bored, they go to Face Book and My Space to read and posts their thoughts, feelings and activities. Friendships and activities posted on the web can come back to haunt you in a Family Law cases. People are often times foolish when they are online. They think that they are invisible when in fact the whole worlds can see what they are doing. There have been cases where people have been caught in marital affairs and even criminal activities through posts at Face Book, My Space and You Tube. On the flip side, these sites can be a wealth of information for those trying to find out more information about a person, business, and yes a spouse involved in a legal matter.

At Wood, Atter & Wolf, we have searched through My Space and Face Book in the past to find out information on the other side and (yes) our clients. Be careful what you posts out there in cyberspace. The whole world is watching and paying attention. One day, a Judge may even read your entries and information to determine an important legal issue on a case.

After almost four years of marriage, Jana and Chris Rawlinson split up in April of 2009 and filed for divorce. Ms. Rawlinson is a gold medal winning hurdler, having won the 400m hurdles at the 2006 Melbourne Commonwealth Games. The couple have a three year old son, Cornelis.

But last month Ms. Rawlinson revealed in an interview with Woman’s Day magazine that she and her husband have reconciled. She said that after she learned that her soon to be ex-husband was seeing another woman, she begged him to give her a second chance. She said that seeing him with another woman made her realize that she may have lost her husband forever and that she did not want to lose him. After six weeks of pleading, Rawlinson finally decided to give his wife a second chance. They are now planning to remarry, but must wait until their divorce becomes final in early 2010.

Sometimes couples rush to divorce without making an attempt to save the marriage. In some cases, counselling and a trial separation can be the key to partners appreciating each other and rekindling the relationship. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

Find out more about the divorce and remarriage of the Rawlinsons at Jana Rawlinson and husband Chris will remarry when their divorce is finalised.