Jacksonville Divorce Lawyer Blog

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.

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.

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.

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.

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.

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.