Jacksonville Divorce Lawyer Blog

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

Gambling debts, martial affairs, excessive drug use and the like can lead to a divorce in Florida. However, Florida is a no-fault state so these things do not really come into play when determining such things as alimony. As a Jacksonville divorce lawyer, I am often able to get these acts of impropriety and waste into the case because Florida law does allow for these actions of using martial funds for the benefit of one spouse to play a role in dividing assets and liabilities. Florida Statute Sec. 61.075 (1)(I) provides that one of the factors for unequal distribution is: “The intentional dissipation, waste, depletion, or destruction of marital assets after the filing of the petition or within 2 years prior to the filing of the petition.” Therefore, the use of marital funds to further such things as an affair, within two years of filing for divorce, can be used to unequally distribute assets and debts to the parties.

When the court hears a divorce case and the court makes a decision regarding division of assets, then the losing party may believe that there are grounds for an appeal. In that case, the appealing party provides a brief to the appellate court establishing the legal basis and argument for why the first court’s order should be overturned. In a recent Florida case, Zambuto v. Zambuto, 36 FLW D2758 (Fla. 2nd DCA December 16, 2011), the Husband filed an appeal after the Wife was awarded an unequal distribution of marital debts and assets to her favor. In this case, the Husband had gambling debts/losses of $90,000.00 that were established two years before the filing for divorce. In the first court, the debts for gambling were charged solely to the Husband and the Husband appealed. The appellate court heard the case and ultimately decided to overturn the first trial court’s decision regarding said debts due to the lack of specific findings that the gambling only benefited the Husband and that the gambling occurred during the “undergoing of irreconcilable differences,” meaning the parties were not getting along and heading towards divorce.

While the appellate court seems to put this new twist on the statute, there is question as to whether the appellate court intended to require that in all circumstances, the debt for the benefit of one party is accumulated during the “undergoing of irreconcilable differences.” In this case, there was a history of the Husband making more money than the Wife and using gambling as a way to entertain business clients, and sometimes the Wife joined in the gambling. Therefore, the thought may be that the court intended this second portion for purposes of activities that historically benefited both parties, not just one, and that the use of the martial funds was done at a time when the Husband already stopped the benefit to the Wife by reducing the money in their joint accounts, moving out, etc. However, the case does not specifically state this and therefore leads to the question of whether funds depleted two years before filing must only be considered if the funds were depleted during the, “undergoing of irreconcilable differences.”

Housing issues are a problem in most Florida divorces right now because a number of homes are upside down or underwater and in Florida, properties, assets and debts are to be divided equally. The courts struggle with this situation because even if the home is underwater it must still be factored into the equal distribution process. In addition, courts are aware that many people are now walking away from their homes and surrendering them into the foreclosure world. However, as a Jacksonville divorce lawyer, I prepare my clients for the house payments and associated insurance and related expenses because it is a factor in determining the outcome of the divorce and what debts may client may assume. Many people, even today, are hesitant to walk away from a house due to the impact it will have on credit and future purchases while trying to rebuild after a divorce.

Recently, a Florida appellate court evaluated this situation in Byrne v. Byrne, 3D10-2323 (Fla. 3rd DCA January 18, 2012). In the case, the parties had a condo that was $76,000 underwater. Originally, the Wife wanted to keep the home and make payments towards the property so as not to ruin her credit. She was initially awarded the home in the divorce, but was given no consideration by the court regarding the negative equity that she was taking ($76,000 would be owed upon sale). The trial court, in its initial decision, noted that there was a presumption that the Wife would actually turn the keys over the bank in foreclosure and would subsequently not lose the $76,000.

An appeals court is where one takes his/her case if the outcome of the initial case is factually or legally incorrect based on the evidence that is presented at court. Often, a transcript of the original trial will be necessary to preserve the evidence for the appeals court because the court transcript provides a formally written account of all statements made in the courtroom. Typically, a transcript is typed by a court reporter and since all witnesses are sworn in, their statements in court are sworn to statements that can be typed up and presented to the appeals court for review of all evidence.

In this case, the third district court of appeals in Florida considered the order entered by the trial court in the divorce and ultimately found that while the court was rational in its thought that many people are walking away from their homes. However, the appellate court also determined that there still must be consideration for the debt in the equal distribution of assets and debts because the bank may still come after the Wife for a deficiency (Husband too if the mortgage still has his name on it.).

The reality is that the judges are limited in their knowledge of the case because they only get to hear what is presented at court. While the parties may negotiate outside of the court and go to mediation, those negotiations are confidential and cannot be used at trial. Therefore, the judge may hear that a party, like the Wife, wants to keep the home, while in negotiations the Wife tried to give the debt of the home to the Husband because she did not want to have to deal with the mortgage, repairs and the like on a money pit. Ultimately, the courts have a duty to err on the side of the law and in Florida the law is for equal distribution of assets and debts regardless of what the party will actually do with the debts after the divorce (e.g. bankruptcy of all credit cards).

In a divorce or paternity case involving issues with children including time-sharing/visitation, parental responsibility or child support, the court may refer the parties to mediation. Florida law provides for the judge in such a proceeding to send the parties to mediation over disputed matters to determine if such things can be settled out of court, Florida Statute 61.183. As a divorce and family lawyer in Jacksonville, it has been my experience that mediation can be beneficial to both parties without going to trial because the parties have more control over the outcome.

What is mediation? Mediation is a formal negotiation process involving the parties, their attorneys and a neutral third party (the mediator). The mediator’s role is to help facilitate the negotiation process by working with both parties to reach the best outcome. Mediation often starts with everyone in one room (e.g. a conference room) and the party’s attorney will give a brief overview of the case and what the client is looking to achieve. Once the attorneys have completed the opening statement to the mediator, the parties are divided into two separate rooms. The mediator will typically start the process by talking to the party that initiated or filed the court action and will then go in between the rooms to see what may be resolved. Everything that is shared with the mediator is confidential and everything that happens at mediation is confidential and cannot be used at trial if the case is not resolved.

While going through this process, the mediator can make suggestions to both parties about what his/her experience has been with the judge in the case and give recommendations for offers to each party in order to help facilitate an agreement. However, the mediator is not allowed to provide legal advice to either party, even if she/he is not represented.

In mediating the case, the parties may agree upon things that the court may not hear at trial, such as future children expenses (e.g. college tuition). The parties have a little more room to sift through issues that they find important for the children that stem away from simply determining who will have majority time-sharing to such things as where the kids will go to school, how that will be determined, how division of certain activities will be paid for, etc. It gives parents an opportunity to think through what they want for the children and not just leave it to the judge to decide what is in their children’s best interest.

If an agreement is reached at mediation, then the mediator may draft a consent agreement. The agreement may be in the form of a consent final judgment and both parties normally sign before leaving the mediation. The signing of the document not only formalizes it, but also makes it binding if one party were to later change his or mind. The consent agreement must be provided to the judge for approval and his/her signature and then entered with the court. Once the order has been entered, it is an enforceable order that the parties must abide by.

In a divorce, often one party may have more financial security than the other party, either by income, inheritance, or the like, thus putting the other party in a financial situation that makes it difficult to pay attorney’s fees. When hiring a lawyer for a divorce or modification action in Florida, the concern is the price for an attorney and whether she or he will have the ability to pay for an attorney. The other concern is that, knowing the financial situation, the other party will have the money available to pay for an attorney and that will require the party without disposable income to borrow money from family or represent himself or herself. As a Jacksonville family law and divorce attorney, I use the consultation to determine what the issues are and approximate the attorney fees associated with the action, also I educate the potential client about Florida law as it relates to attorney’s fees. Florida actually provides for the court to determine whether one other party will be responsible for the other party’s attorney’s fees and costs. Florida Statute 61.16 provides parameters for the court to use in determining the award of attorney’s fees and costs to the needing party.

When a party does not have the financial means to pay for his or her own attorney’s fees and associated costs (e.g. Filing fee; deposition costs, etc.), then the court may look at the financial resources of both parties to determine if the other party does have the financial ability to pay reasonable fees and costs for the other. For example, A has been a homemaker and cared for the children during the fifteen (15) year marriage and B has been the breadwinner and makes approximately $200,000 per year. When A decides to file for divorce, A does not have income available that is nonmarital at the time of filing for the divorce. A feels that an attorney is necessary in the divorce and hires an attorney and files for divorce, which has a cost of $409 in Jacksonville and a cost is associated with serving B the divorce papers. A’s attorney can request, in the petition for divorce and with a request and motion for temporary needs, that B pay for A’s reasonable attorney’s fees during the divorce and at the end. The court would look at the financial situation of both parties and determine if A is in need of B paying A’s attorney’s fees and costs and whether B has the financial ability to do so.

However, if the reason for the case is the inaction or failure to comply with the court’s prior order by the needing party, and the court rules against the needing party, then often times the other party will not be required to pay attorney fee’s and costs for defending the action. For example: A is awarded child support in the original divorce order to be paid by B. A has more money than B due to an inheritance of $100,000.00, which is and was nonmarital, and B makes $30,000 per year. A hires an attorney and files a Motion for Contempt against B for failure to comply with the court order. B requests attorney’s fees and costs to defend against the action. The court finds that B has not complied with the order and is, therefore, in contempt of court. The court does not have to award B attorney’s fees since B’s own actions lead to the hearing and need for attorneys. In fact, B could be on the hook, if shown that B has the ability to contribute to A’s attorney’s fees, to pay back to reasonable attorney’s fees incurred as a result of B’s actions.

You should speak with an attorney about your rights and options in a divorce or other family law proceeding to make certain that you request the court provide you with reasonable fees and costs or defend against the request.

Florida recognizes the use of premarital and post marital agreements when deciding the outcome or possible outcome of a divorce. In some cases, during the marriage the parties may find themselves thinking of divorcing and may enter into a marital settlement agreement, but ultimately not have the agreement entered with the court because they are able to reconcile the marriage, this too is valid in Florida. When parties decide to divorce any agreement between the parties, whether premarital agreement, post marital agreement or a prior marital settlement agreement that allows for enforcement later if the parties reconcile, can be construed as an enforceable contract in the divorce proceedings. As a Jacksonville divorce lawyer, issues can arise regarding the enforceability of the agreement and in order to fight the document, the parties may need to hire separate attorneys, potentially leaving one of the parties needing financial assistance during the contest of the divorce. Therefore, Florida case law allows for temporary support to be awarded for temporary alimony and attorney fees.

Enforcing or contesting a premarital agreement, post marital agreement, or a marital settlement agreement may require attorney time and costs. In order for an agreement to be contested, the issues that come to question are laid out in Florida Statute 61.079. Premarital agreements are enforceable unless it can be shown that one or more of the following occurred:

1. The agreement was not entered into voluntarily by both parties;
2. The agreement is the result of fraud, duress, coercion or overreaching (e.g. Hiding a bank account with thousands of dollars.)
3. The agreement was not done in good conscience and before the signing:
a. There was not a true disclosure of assets of debts;
b. There was no waiver of such a disclosure by either party; and
c. The other party could not have known of the hidden asset or debt.

The same provisions would be necessary in any agreement such post marital or marital settlement agreements. The court ultimately has to decide whether an agreement was reach in an unconscionable manner.

The real trick to most agreements is that the parties have to be in full disclosure of assets and liabilities so that they know what is being agreed upon. The reality is that full disclosure leads the parties to more open conversation about the future wants and needs and the ability to provide for such. Not doing so would lead the possibility of entering in an agreement that benefits only one party and ultimately leaves the other in a worse position than had the agreement not been signed. Communication and understanding of a contract and its related terms goes directly the enforceability of said contract and helps in future litigation. If the parties do not meet all criteria for such an agreement, then the agreement may be put aside and the court could make the parties proceed as if an agreement never existed. Again, agreement cannot waive a party’s right to spousal support and attorney fees that may be necessary temporarily while the validity of the agreement is contested in the Court. However, both parties can work at reducing the length of time necessary to contest such agreements.

In some circuits in Florida, like Jacksonville, St. Augustine and other surrounding areas, cases involving divorce, paternity, child support or other family law matters may be heard in front of a magistrate instead of a judge, if the parties do not object. The magistrate is given the power to hear cases and make rulings based on the facts and evidence presented. Once a magistrate makes a ruling, the order is submitted to the Judge to sign-off. If a party disagrees with a magistrate’s findings, then that party can file for exceptions to the magistrate’s report based on the evidence versus the decision contained in the report. In so doing, the judge will then hold a hearing for the parties to argue why the court should accept or deny the magistrate’s report.

When the hearing is held regarding the exceptions, the party that filed the exceptions is required to provide the Judge and the other party with a transcript of the hearing. At the hearing, there is a presumption, in accordance with Florida case law that the court must accept the magistrate’s report if the findings are supported by competent and substantial evidence. When issues of credibility arise, such as the credibility of a witness’s testimony, the court should reject the magistrate’s findings if the findings are stated in error to the testimony evidenced in the transcript.

Basically, a court is required to give discretion to the magistrate’s findings and report unless the report seems to be wrong on its face. The court does not get to change the ruling simply because it disagrees with the magistrate’s conclusions, if those conclusions are based on the evidence reflected in the transcript.

If the court finds that the evidence does not support the report, then it may send the case back to the magistrate for reconsideration. Once the magistrate writes a report, even the second time, the parties still have a right to file for exceptions and start the process over again. Ultimately, however, the court is tied to the magistrate’s report if the report has findings that can and are substantiated by the evidence reflected in the transcript.

Continue reading "Disputing a Magistrate's Report in a Divorce, Paternity or Other Family Law Case" »

Florida divorces involving alimony issues have given rise to new legislation over the last few years and will continue into the near future. The alimony debate in Florida is based on a number of factors, including the lack of an alimony calculation that is state mandated in determining the amount of alimony to be paid. According to a press release on Market Watch, Anderson Cooper is reportedly doing a show on Monday, January 9, 2012 highlighting the issues of Florida alimony; however, the report that came out about the show seems to have things reported incorrectly and in an effort to decrease emotional responses, I thought, as a Florida divorce lawyer, that I would debunk some of the myths that allegedly will be reported on the show.

First, the idea that men are the ones that suffer from alimony payments. In Florida, like most of the country, men and women work. If a woman makes reportedly more money than her husband and they divorce, then she may be on the hook for paying alimony.

Second, alimony is awarded without regards any provisions other than a party makes more money than the other spouse. Again, this is not true. In Florida, the factors used in determining alimony include, but are not limited to, the length of the marriage, the contribution of both parties to the marriage, the marital lifestyle, the ability for the asking party to earn relatively similar income to that of the paying spouse, the employment history of the parties, the education history of the parties, the NEED for alimony, and the ABILITY to pay alimony. The court does not arbitrarily and without regard for incomes and expenses simply declare that a Husband will pay the Wife permanent alimony at 70% of the Husband’s income until he dies. In Florida, getting permanent alimony requires the asking party to show that the marriage is a long-term marriage (over 17 years); that the asking party has an ongoing need for permanent alimony (e.g. disability, lack of education, inability to earn, etc.); etc.

Continue reading "Florida Divorce and Alimony Issues to be Heard on National Television Show " »

Retirement benefits are often a combination of employee and employer contributions during ones job. The retirement benefits are normally grown through the length of employment, and if an employee is married during his/her employment, then the contribution he/she is making is actually a marital contribution for purposes of a Florida divorce. As a divorce lawyer in Jacksonville, Florida, I have clients that are uncertain if they actually will get any type of retirement benefits if they were to divorce, and sometimes they even postpone divorce due to their fear of their financial futures. To best understand your rights and options as they relate to a divorce, property division and retirement separation, you should speak with a divorce attorney in your area.

In a Florida divorce, the property, including retirement funds, are to be equitably distributed between the parties. However, nonmarital assets are not divided in the divorce because they are considered the property of the spouse that brought them into the marriage. How that plays out with retirement is that if you are married for 10 years and you work for 10 years at the same company before the marriage, then only 10 years of your retirement may actually be divided during the divorce proceedings.

In Florida law, there are mandatory disclosure requirements, which require both parties to provide copies of documents related to bank accounts, IRA, 401(k)s, etc. The reason for this disclosure is so that the proper funds can be disbursed between the parties. A true accounting of your 401(k) can make it easier to guarantee that the correct amounts of funds are actually divided in the final divorce order. The rules governing this division of retirement funds can be found in Florida Statute 61.076.

When dividing civilian retirement, the employer will need a Qualified Domestic Relations Order, which will actually dictate the division of the retirement funds. The fund are typically going to be rolled into a separate 401(k) or like account as presently exists for the nonemployee spouse. In order to preserve the funds, it is important for the Qualified Domestic Relations Order to be done as soon as possible after the divorce. Things such as 401(k)s can fluctuate with the market, so it is vital to preserve the funds and the nonemployee spouse’s right to said funds.

Florida Statute 61.076 also gives rules for dividing such things as military retirement, due to their 10/10 rule, which is for 10 years of marriage during 10 years of service. In order for retirement to be properly divided, the military requires orders that specifically reflect information necessary to divide the marital portion of the military retirement. In civil occupations, the employer often requires a Qualified Domestic Relations Order, but the military actually will go off the final judgment of divorce in order to separate the funds accordingly. Having the correct language is mandatory for the military to properly divide the funds between the spouses.

Written By: Lenorae Atter, Attorney

When going through a divorce in Florida, it is often difficult to think about separating the things that have been accumulated during the marriage. As a Jacksonville divorce lawyer, I am often asked how items such as the house, cars, debts, retirements and alike will be divided. Also, divorce attorneys are challenged with the ever-popular issue of the smaller, more emotionally meaningful items like furnishings, gifts, awards, collectibles, etc. The division of assets and debts is not always easy, but Florida Statute 61.075 provides that the division should be equitable, meaning that each party has equal division of all assets and liabilities (e.g. debts). It is best to speak with a divorce or family law attorney to find out your rights and options when going through a divorce in Florida.

Equitable distribution in Florida is designed to make it where the parties are able to fairly take from the marriage since they collected the items together over the course of marriage. The Statute provides specifics for the division of nonmarital assets/debts (e.g. those purchased or accumulated prior to the date of the marriage) and marital assets/debts (e.g. collected during the marriage). The court should first establish what is nonmarital and separate those items from the marital property. The parties can do this individually before going to court and can reach an agreement on what is actually marital property before entering the court for a final hearing or trial. When going through a divorce, it is a good idea to make a list of all of your property and make a list of what is marital and what is nonmarital, share that list with your attorney and your attorney can then share that with your spouse’s lawyer.

Once a list of marital items has been developed, the Court is responsible for dividing the marital property equally. The equal distribution of marital assets is based on value of the property. Since the debts are also equally distributed, there are often give-and-take of assets value versus the debts in order to reach an equal resolution, especially since debts will be based on ability to pay as well as equal distribution. Given that parties often have a disparity in their incomes, and other circumstances may arise to give the Court reason to unequally distribute property, the Court may consider the following factors when distributing marital property and debts in accordance with Florida Statute 61.075(1):

(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker.
(b) The economic circumstances of the parties.
(c) The duration of the marriage.
(d) Any interruption of personal careers or educational opportunities of either party.
(e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
(f) The desirability of retaining any asset, including an interest in a business, corporation, free from any claim or interference by the other party.

Continue reading "In a Florida Divorce, How Do I Divide or Split My Property?" »

In a Florida divorce, the Court looks at a number of factors when equitably dividing the marital assets, including the house. The concept of equitable distribution is to equal the assets and debts of the parties and to equalize said debts in accordance with the ability of the parties to pay. The Court will look at factors such as the rate of the mortgage, whether a party is receiving or paying alimony, whether the marital home is underwater like so many houses in Florida, whether either party can afford to maintain the house, when the house may be sold as an asset for the parties versus a growing liability, and many other factors. The parties may also agree, before going in front of the judge, what to do with the marital home. However, whether determined by agreement of the parties or by the judge, there should be a determination made about whether the party receiving the home will receive any set-offs or credits for the marital home at the time of the sale.

When deciding whether the receiving party of the martial home will also receive credits or set-offs for the mortgage and related expenses, Florida Statute 61.077 provides factors to consider, as follows:  
“(1) Whether exclusive use and possession of the marital home is being awarded, and the basis for the award;
(2) Whether alimony is being awarded to the party in possession and whether the alimony is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(3) Whether child support is being awarded to the party in possession and whether the child support is being awarded to cover, in part or otherwise, the mortgage and taxes and other expenses of and in connection with the marital home;
(4) The value to the party in possession of the use and occupancy of the marital home;
(5) The value of the loss of use and occupancy of the marital home to the party out of possession;
(6) Which party will be entitled to claim the mortgage interest payments, real property tax payments, and related payments in connection with the marital home as tax deductions for federal income tax purposes;
(7) Whether one or both parties will experience a capital gains taxable event as a result of the sale of the marital home; and
(8) Any other factor necessary to bring about equity and justice between the parties.”

Each divorce is different and understanding what to expect in yours can be vital to your emotional well-being and to knowing when to fight and what to fight for, so it is helpful to speak with a divorce lawyer.

A Florida divorce requires that property, including the marital home, be equitably divided. To determine which spouse will get the marital home or whether the house will be sold; the court looks to a number of factors including the age of the children, if any; the income of the parties after alimony is determined; and the actual value of the home at the time of separation. When the court determines that one party may have exclusive use and possession of the home, which means that the individual with the home will be responsible for the payments on said home either through his/her income or the income established as alimony.

The Court may deem the sale of the home necessary after the oldest child reaches the age of 18; or to sell the home immediately, if there are no children. The party that is paying the mortgage and repairs to the home may be entitled to credit set-off at the time of the sale in accordance with Florida Statute 61.077. The Florida legislature has given ground rules for how to determine the credit to be used as a set-off at the time of the sale, including how to apply said credit when money is actually earned from the sale or when the house is underwater like so many others in Florida.

According to Florida Statute 61.077, the credit or set-off is not automatic, but must be ordered by the Judge or put into the language of the Consent Final Judgment of Divorce. In the absence of the parties having reached an agreement, the court can look at certain factors presented by the parties to determine whether there should, in fact, be a credit or set-off for the mortgage, repairs and other related expenses to the home.

A Florida family lawyer can help you understand your rights and options regarding the martial home. A divorce attorney is able to help you understand how the home may be divided in your set of circumstances and whether a set-off is in your best interest or will likely be awarded by the court.

Divorcing in Florida after 16 years of marriage is considered a long-term marriage when determining alimony. Basically, the idea that has been passed down by the Florida legislature is that when parties have been married that long, if there is a need for alimony then that alimony may be needed permanently because the parties had their roles for so long and the needing party will most likely not have time to build a career to be at the same marital lifestyle or even close to it without alimony. The idea is that if a couple chose to have one spouse be a homemaker, then that individual will most likely not be able to go into the workforce and make equal to the spouse that has worked the length of the marriage.

Florida Statute 61.08 provides details for determining alimony and the length of the alimony. For a long-term marriage, permanent periodic alimony may be awarded if the requesting party can prove a need for alimony and prove that the other party has an ability to pay the alimony. Florida Statute 61.08(8) defines permanent periodic alimony as follows:
Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage. Permanent alimony may be awarded following a marriage of long duration, following a marriage of moderate duration if such an award is appropriate upon consideration of the factors set forth in subsection (2), or following a marriage of short duration if there are exceptional circumstances. An award of permanent alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. An award may be modified or terminated based upon a substantial change in circumstances or upon the existence of a supportive relationship in accordance with s. 61.14.

A Florida family law attorney can help guide you through your divorce and help you to better understand your rights and options.

In a divorce, Florida law allows an award of alimony when a need is shown and the paying party has an ability to pay. Florida does not have an alimony calculator like some states, so instead Florida statute indicates factors that are to be used to determine the length of alimony and the court determines the amount based on again, need and ability. When the marriage is a short-term marriage often alimony is not awarded and if it is, then it may be for a brief time. The tricky determination for alimony is when the length of the marriage is between 7 – 16 years, then permanent is often not awarded and bridge the gap (between married and single life, typically 2 years) is not enough time.

Florida Statute 61.08(7) provides for durational alimony, which can be for a length of time that is more comparable to the needs and length of the marriage than the aforementioned alimony. Durational alimony is defined as follows:
"Durational alimony may be awarded when permanent periodic alimony is inappropriate. The purpose of durational alimony is to provide a party with economic assistance for a set period of time following a marriage of short or moderate duration or following a marriage of long duration if there is no ongoing need for support on a permanent basis. An award of durational alimony terminates upon the death of either party or upon the remarriage of the party receiving alimony. The amount of an award of durational alimony may be modified or terminated based upon a substantial change in circumstances in accordance with s. 61.14. However, the length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage."

A family law attorney can help guide you through your divorce by providing a better understanding of your rights and options.

Marriage is often an issue of give and take for many couples. When a couple goes through a divorce the give and the take may be brought up in a case of alimony in Florida. A Florida alimony case involves multiple factors, including the give and take during the marriage as it relates to education of the individuals in the marriage. In a Florida divorce, if one party gave up their college education to support the education of the other, then that may be brought up as an issue of the divorce.

Alimony is based on factors including length, contribution, and lifestyle of the marriage. A divorce is designed to dissolve the marriage, but not put either party in a destitute and poverty ridden situation. In order to help move the parties forward, the party that did not get a formal education or did but has not used it in 20 years of the marriage, may be entitled to rehabilitative alimony. Florida Statute 61.08 (6) requires a plan or anticipated plan be present to award rehabilitative alimony and defines the type of alimony as:

Rehabilitative alimony may be awarded to assist a party in establishing the capacity for self-support through either:
1. The redevelopment of previous skills or credentials; or
2. The acquisition of education, training, or work experience necessary to develop appropriate employment skills or credentials.

A family law attorney can help you through your divorce and assist you with understanding your rights and options.

Alimony in Florida is based on a number of factors, including the length of the marriage. A party qualifies for alimony based on the length of the marriage, the need, and the other party’s ability to pay alimony.

The Florida legislature recently defined what a short-term marriage, moderate-term marriage and long-term marriage consist of in terms of years. This is helpful in determining which type of alimony may be awarded. In Florida, the length of the marriage is determined from the date of the marriage until the filing for the divorce.
According to Florida Statute 61.08(4), the Florida legislature has defined the length of marriage, which is a rebuttable (i.e. arguable) presumption, as follows:

1. Short–Term Marriage is a marriage duration of less than 7 years;
2. Moderate-Term Marriage is one having a duration of more than 7 years and less than 17 years;
3. Long-Term Marriage is of a duration of 17 years or more.

You should speak with a Florida divorce lawyer to better understand your rights and options in a Florida divorce.

Alimony cases in Florida are determined by Florida statute, but not by a Florida calculation. Since the court is the one to make the overall determination of alimony, the statutes provide certain guidelines in determining what type of alimony will be awarded; the need of the requesting party; and the ability to pay the alimony if awarded.

To make these determinations, Florida Statute 61.08(2) gives a number of factors for the Court to consider in making its decision. The factors include the following:

(a) The standard of living established during the marriage.
(b) The duration of the marriage.
(c) The age and the physical and emotional condition of each party.
(d) The financial resources of each party, including the nonmarital and the marital assets and liabilities distributed to each.
(e) The earning capacities, educational levels, vocational skills, and employability of the parties and, when applicable, the time necessary for either party to acquire sufficient education or training to enable such party to find appropriate employment.
(f) 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.
(g) The responsibilities each party will have with regard to any minor children they have in common.
(h) The tax treatment and consequences to both parties of any alimony award, including the designation of all or a portion of the payment as a nontaxable, nondeductible payment.
(i) All sources of income available to either party, including income available to either party through investments of any asset held by that party.
(j) Any other factor necessary to do equity and justice between the parties.

A Florida divorce lawyer can help determine whether your case will involve alimony and how to best present evidence regarding the issue.

F.S. 61.08. Also, the court must determine whether the responsible paying party has the ability to pay alimony. These factors are based on the evidence presented in the divorce case and is based on factors like the financial earning ability of the parties; the present financial situation of the parties; the historical roles in the marriage (e.g. home maker and breadwinner); present expenses; health issues; etc. The court must be presented evidence from both parties in order to determine these factors.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Divorce often comes with concerns for alimony; the concerns are for paying alimony and qualifying for alimony. In Florida, divorce and alimony are controlled by statute. Statutes determine the law associated with everything from qualifying for alimony to how the alimony will be paid.

Florida alimony is determined by the court and can awarded in the following ways F.S. 68.01(1):
1. Bridge-the-gap: this is for a term to help the needing party get from married to single life;
2. Rehabilitative: designed to provide support to the needing party to finish his/her degree, get work training (i.e. computer training), or any other trade that the individual may need help with in order to procure a job/career;
3. Durational: meaning support is determined for a fixed period of time; or
4. Permanent: meaning that support is necessary forever to keep the needing party in a similar lifestyle to that developed in the marriage.

The type of alimony awarded by the court is based on a number of different factors. The court may consider the adultery of either party in determining the amount to award in alimony. However, the court must find facts in the case to support the award or denial of alimony.

A Florida divorce lawyer can help determine whether your case will involve alimony.

Florida family law matters such as divorce, paternity and child custody or time-sharing issues are defined by Florida Statute. The statutes provide a groundwork for cases involving family law matters so that the issues may be properly addressed for spouses and the related children.

In a case involving children, the Florida Court’s now require that a time-sharing plan be developed to outline the schedule the children will be with each parent, according to Florida Statute 61.046(23). The time-sharing schedule must be included in the parenting plan and it shall be as follows:

1) The parents develop and agree to the plan and it must be submitted to the Court for approval; OR
2) The courts establishes the time-sharing schedule if the parents cannot reach an agreement or if the court does not approve the parents’ schedule.

A family law attorney can help you to better understand this process and guide your through it.

Florida divorce and paternity cases can involve issues regarding parental responsibility. Parental responsibility is the term used to define the actual building of parent/child relationships and parental decision making for children. When both parents are mentally healthy, stable and responsible individuals there is normally not a question of the division of such responsibilities, they will be shared. However, what happens if one parent is absent and remained absent from the child’s life or one parent has a severe drug addiction; will the parents still be required to make decisions together?

Florida Statute 61.046(17) defines shared parental responsibility as both parents having equal share in major decisions involving the children (i.e. school; non-emergency surgeries, etc. If it is not in the best interest of the children for the parents to share these decisions, then Florida Statute 61.046(18) defines sole parental responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child. This is normally an issue when the Court or parties agree that one parent is more likely to take responsibility for the children and the other party is less likely to be able to engage in such decision making as would be required during the life of the children.

You should speak with a family law attorney about your rights and options regarding matters involving your children when going through a divorce or paternity action.

A Florida divorce must be by the book, meaning that the laws are followed to have a divorce approved by the Court. When filing for a divorce it is important to plead or argue certain facts, like there was a breakdown for the marriage. In fact, the laws surrounding divorce actually require that there be reason for the marriage to end. Simply saying, “I want a divorce,” does not mean that the Court has to or will grant the dissolution of marriage.

Florida Statute 61.052(1) indicates that a divorce can only be granted if the parties show one of two things:

(a) The marriage is irretrievably broken. This means that no matter what the parties have or may try, there is no chance that the marriage can remain intact; or

(b) One of the parties lacks the mental capacity to be married. However, this actually requires the alleged incapacitated party actually be adjudged (ordered by a court) as incapacitated for at least 3 years.. There are provisions that must also be met in this scenario for purposes of filing for divorce.

Before filing for divorce, you should speak with a divorce lawyer about your rights and options.

Florida divorce and paternity cases often revolve around one parent saying they want “sole custody.” However, there is a difference between “sole custody” and parental responsibility in Florida Statutes. Florida divorce statutes define many terms, including parental responsibility.

Shared parental responsibility is defined by Florida Statute 61.046(17) as when both parents have parental rights of the child and share responsibility for the child’s upbringing. This is typical in most cases because both parents have a responsibility to be a parent to the child and to make all life-related decisions for the child, together, regardless of the geographical location of the parents.

If you are going through a divorce or paternity case in Florida, then you should speak with a family law attorney about your rights and options.

Alimony and child support are determined by a number of factors in Florida. Some factors that are considered and used for calculations are income and health insurance, which are defined by Florida Statute 61.046.

Income is used to help determine the ability for a party to pay alimony in Florida. Income is also used to shoe a need for alimony that one party may have, such as being on a fixed income. Child support is actually calculated by using the incomes of both parties to determine what the overall income of the household would be and each parent’s pro rata share of the same. Florida Statute 61.046(8) defines income as, “any form of payment to an individual, regardless of source, including, but not limited to: wages (e.g. hourly or tips), salary, commissions and bonuses, compensation as an independent contractor, worker’s compensation, disability benefits, annuity and retirement benefits, pensions, dividends, interest, royalties, trusts, and any other payments, made by any person, private entity, federal or state government, or any unit of local government.” Basically, any form of payments received by a party.

Continue reading "How isIncome Defined in a Florida Child Support or Alimony Case?" »

A Florida divorce involving children or a paternity action will require, by Florida Statute, a determination of child support. Florida child support is based on a few factors, which are defined by Florida Statute. The factors considered in the child support calculation are the incomes of the parties, daycare costs, and health insurance costs. Understanding how Florida Statutes define these factors is key to understanding child support and how it is calculated.

Under Florida Statute 61.046, the Florida legislature established definitions found throughout the statutes involving divorce and child support cases. When calculating child support, the party that pays the health insurance costs actually receives a credit for such. Florida Statute 61.046(7) defines heath insurance as, “coverage under a fee-for-service arrangement, health maintenance organization, or preferred provider organization, and other types of coverage available to either parent, under which medical services could be provided to a dependent child.” This means that a party may have healthcare coverage under any of these types of scenarios, which also covers the children of the parties.

Continue reading "How is Health Insurance Defined in a Florida Divorce or Paternity Case Involving Child Support?" »

Florida is a “no-fault” divorce state. The idea is that you do not litigate why you are divorcing, but simply litigate a resolution to the divorce (i.e. distribution of assets, child support, alimony, etc.). To that end, Florida Statute 61.044 abolished certain defenses, such as condonation, collusion, recrimination, and laches.

Condonation is the defense that basically says, “You knew I was doing it and you were fine with it at the time.” This is not a defense to divorce because ultimately, it does not matter why the marriage broke-up, just that it’s not getting fixed.

Also, the defense of collusion has been abolished, so the parties cannot have a secret agreement being held over each other. For example, if a party tries to go to court and say, “She told me she would not ask for alimony.” That is not a defense to a request for alimony.

Recrimination, under Florida Statute 61.044 is abolished. Again, when the reason for divorce is not an issue, saying, “Well you also had an affair,” does not really help your legal case for the division of assets.

Laches are also abolished from a divorce defense because laches ultimately gives rise to another being responsible for a debt. However, a marital debt is going to be divided equally and the idea that the other party is responsible is not at issue in Florida.

Continue reading "What Does the “No Fault” Part of Florida Divorce Law Mean?" »

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

Florida Statute 61.043. Once you file the petition in the Circuit Court (e.g. Jacksonville is in the Fourth Judicial Circuit), a summons is required so that the other party can be served a copy of the petition. In addition, the statute requires that the petitioner to fill-out and provide to the clerk an anonymous questionnaire for the research purposes.

Once the other party is served with the petition, she/he has 20 days in which to file an Answer with the court, under Florida Family Law Rules of Procedure. The answer actually provides a response to each paragraph alleged in the petition. For example, if you file a petition for divorce and a paragraph states, “Wife is in need of alimony and requests either lump sum, rehabilitative or permanent alimony,” then the Husband would answer, unless in agreement with this, that he denies that paragraph. If the other party does not file an answer within the 20 days, then the Petitioner may ask the court to grant everything requested because the other party is in default.

Continue reading " How Do I File for Divorce, Dissolution of Marriage, Alimony, or Child Support in the State of Florida?" »

Paul McCartney was married on Sunday to the independently wealthy American, Nancy Shevell. A marriage, that by all accounts seems happy, was hopefully preplanned with a prenuptial agreement, protecting both from future marriage mishaps, such as divorce.

Paul McCartney’s wealth far exceeds his iconic role as one of The Beatles. It was exploited in his publicized divorce from Heather Mills, in 2008, that his wealth is over $800 million dollars and consists of music royalties, rare paintings, real estate and the like. Nancy Shevell’s wealth includes business interests and other wealth endeavors that make sense to protect.

A prenuptial agreement is beneficial when one or both parties have wealth because it protects certain assets from becoming “marital” and divisible if the marriage were to end in divorce. Protecting those assets is not unromantic, simply a smart business decision by both parties.

Florida prenuptial agreements can be drafted to protect both parties, regardless of their independent wealth. If you are interested in a prenuptial agreement, then you should contact a Florida lawyer to assist you in the premarital planning.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Many Jacksonville Florida children will experience the stress of their parent’s divorce each year. How they will react depends on their age, personality and the circumstances surrounding the divorce process. Many times the initial reaction is one of shock, sadness, frustration, and anger. As such, it is not surprising for some children to act out and get themselves into trouble at school or in the community.

Luckily for these children, the Duval County Courthouse offers first time misdemeanor offenders the opportunity to participate in a diversion program as an alternative to criminal prosecution. The program is called “Teen Court,” and gives juveniles between the ages of 10-17 a second chance to hold themselves accountable for their actions. Other specially trained teenagers fulfill the roles of prosecuting and defense attorney, bailiff and jurors. A practicing attorney or judge supervises the process as the magistrate and determines the final sentence. The juvenile defendant and their parent sign a contract agreeing to fulfill the imposed sentence. If the dependent successfully completes their sentence, adjudication will be withheld, and there will be no conviction on the juvenile’s record as a result.

The Teen Court program is based on the philosophy that youthful law violator is less likely to continue bad behavior when their peer jury decides the punishment. The program attempts to stop developing patterns of bad behavior by promoting feelings of self esteem and healthy attitudes toward authority. The program’s goal is to educate teens about citizenship and accepting responsibility for their actions.

Florida courts make a plethora of decisions regarding children. These decisions range from timesharing and decision making, safety and permanency planning, and proceedings for termination of parental rights. Whenever courts make such decisions, it must consider whether its decision would be in the “best interests” of the child. Most States have a statute requiring that the child’s best interests be considered whenever certain types of decisions regarding a child’s custody, placement or other critical issues are made. Although there is no specific Florida statutory definition of “best interests of a child,” the concept typically refers to the deliberation that courts undertake when deciding what type of services, actions and orders will best serve a child as well as who is best suited to take care of a child.

During a Jacksonville Florida child custody proceeding, the court will consider a number of factors to determine the “best interest” of a child. These factors may include the love, affection, and other emotional ties between the parents and the child; the mental health, physical health and morality of the parents; and most importantly, which parent is more likely to encourage contact between the child and the other parent. For a complete list of the best interests factors, see Florida Statute 61.13.

Do you live in Jacksonville and feel like your marriage is doomed? Hopefully the answer is no, but if by chance your answer is yes, then Jeannie Goldstein has some advice for you. Listed below are five tips that Goldstein,a columnist, would offer to a friend in order to salvage a marriage.

First, stop putting all of the blame on your spouse. Try to take responsibility for your role in the dispute and attempt to end the behavior right away and get back to a pleasant relationship.

Second, let go of grudges. When you fight, try not to bring up incidents far back in the past and stick to the current issues. This may be difficult because it is hard to get over something that really hurt you in the past but ask yourself: Is it really worth it? Isn’t your marriage worth more than holding on to petty grudges?

Third, resolve outstanding grudges. Sometimes it is hard to forgive and forget. This is usually because one spouse does not think that the other spouse understood their pain or concerns. Closure requires that you listen to your spouse’s concerns and address these issues directly. The best way to avoid pent up aggression is to resolve issues rationally and respectfully as they arise.

Fourth, protect your marriage from the rest of the world. No one is invested in the success of your marriage except the two of you. It is your obligation as husband and wife to be a united front against the world. If either spouse does not take this obligation seriously, then third parties can bring problems into the marriage.

Lastly, do not be afraid to laugh; “laughter is the best medicine.” Laughter is a stress reliever. Sometimes, you have to be able to laugh at the good, bad and the ugly. And then afterwards, somehow it lightens your heart, and you can move onward to the next day. For more information, see How to fix your marraige: 5 tips to stop divorce in its tracks.

For many Florida couples the marital home represents the largest financial asset, so what happens to the home could substantially affect your financial security for years to come. But for some couples the marital home represents more than just a financial asset, it represents a life time of memories. Thus, the decision of who will remain in the house in the event of a divorce can be a tough decision to make- both financially and emotionally.

When you are deciding on whether to stay in your house there are many factors for you to consider: Mortgage payments, taxes, home owners insurance, utilities, and maintenance are only a few. Be smart, and make your decision on what you can afford, not what you want. Typically there are three options when it comes to the marital home during a divorce:

1. Sell the house immediately and split the proceeds with your former spouse.
2. Continue to own the house jointly with your spouse and make plans to sell the house at a future date. The proceeds would be split at that time. Often time if children are involved, this is the preferred option until the children reach the age of majority.
3. One spouse buys out the other’s interest in the home.

Today’s real estate market in Jacksonville has made decisions as to the ownership, possession, and / or sale of the marital home to be very complicated. Many couples cannot afford to sell the house until market conditions change. Others have decided to continue to live together during the divorce/separation process just to avoid the financial hassle. Regardless, it is likely to cause financial strain and stress to both parties.

A divorce involving military families from or in Jacksonville, Florida can be complex because a military divorce has distinct issues that can involve Florida and federal law. Generally, dissolution of marriage is governed by the laws of the State of Florida, but the federal government has enacted legislation that applies to divorces and family law matters involving servicemen and servicewomen. Federal law governs when a military proceeding may take place, under what circumstances it may be postponed and how active military personnel may be served. Florida law also provides residency requirements for military families.

Child support in Florida is based on the child’s best interests and alimony is based on several factors. The factors a court will consider while determining property alimony award if any, are: (a) standard of living during the marriage, (b) duration of the marriage, age, physical and emotional condition of each party,(c) financial resources of each party, (d) liabilities and how they are distributed, and (e) contribution of each party to the marriage. Similar to a court dissolving a non military marriage, a court must make special findings as to a military member’s pay and allowances.

Similar to all dissolutions of marriage in Jacksonville, Florida, property division in a military divorce is based on the equitable distribution of marital assets. When spouses have inherited property, obtained significant assets or debts and have complex retirement/ pension plans, the marriage will be harder to dissolve. A military divorce that includes military retirement benefits will be governed by the Uniformed Services Former Spouses’ Protection Act.

It is no surprise that a divorce can have a serious impact on Jacksonville children. Research has shown that children struggle with divorce, but a new study is one of the first to pinpoint when those struggles emerge.

Researcher Hyun Sik Kim from the University of Wisconsin-Madison studied 142 grade school children with divorced parents. Kim was surprised to find that there was no significant reduction in performance in the months that preceded the divorce. It was only during the divorce itself that the children began to struggle, and almost two years later they remained behind their peers with married parents.

The study showed that in the fall of kindergarten, children whose parents were fighting and would eventually divorce scored three to four points lower on standardized math tests. By fifth grade, after the children’s parents had divorced, their scores were seven to 10 points lower than those children with married parents.

Attorneys and counselors were not surprised by Kim’s findings. One lawyer said, there is a difference “between parents just fighting, and fighting and divorcing.” When the parents are still married, the children think they have some stability, even though it’s bad, said the lawyer. The children are forced to face reality once the divorced is finalized.

How a divorce will impact children is a top concern for many Jacksonville families. A divorce can cause a child to fall behind their classmates in math and social skills and can cause anxiety, stress and low self-esteem. Although a couple might not make it as husband and wife, they need to work together and make it as parents for the sake of their children. For more information, see divorce hard on grade- schoolers' test scores.

Jacksonville Florida parents can write a parenting plan to decide how they will divide their children’s time after a divorce. The plan provides a roadmap for the child’s future, and is the most important document in a Florida divorce with children.

A parenting plan approved by the court must at a minimum: describe how parents will share and be responsible for the daily tasks associated with the upbringing of the child, the time-sharing schedule arrangements that specify the time that the child will spend with each parent, a designation of who will be responsible for health care, school-related matters, other actives, and the methods and technologies that the parents will use to communicate with the child.

A parenting plan has two separate components: (1) decision making- parental responsibilities and privileges to make decisions relating to the health, education, and welfare of the child, and (2) time sharing- where the child lives at any given time and contact with the other parent. These two aspects are distinct and must be examined according to the best interest of the child.

In Florida, a statutory presumption exists that shared parental responsibility is in the best interest of a child. The burden is on the party opposing shared parental responsibility to demonstrate that it will be detrimental to the children. With shared parental responsibility, both parents retain full parental rights and responsibilities with regard to their children and confer to make mutual decisions about the children.

A “time-sharing schedule” is a timetable that is included in the parenting plan, which specifies the time that each child will spend with the parent. Florida Statute 61.13(4)(c) provide the court with specific means to enforce the time-sharing schedule in the parenting plan. When a Jacksonville parent refuses to comply with the schedule without proper cause, the statute lists a number of sanctions that the court may impose. For more information on parenting plans, see the Florida Statutes.

Are you a woman who got married before the age of 18? Do you have a child with ADHD? Did you smile in your yearbook photos? Anneli Rufus uses scientific statistics to help predict the rates of success or failure in a marriage.

If you’re a woman who married before the age of 18, you face a 48 percent chance of divorce within 10 years. Age does matter; studies show that the younger the married couple, the riskier the bond. The risk for divorce decreases 40 percent for women who married at the age of 18 or 19, 29 percent for women who married at age 20 to 24 and 24 percent for women who married at age 25 or older.

The likelihood of divorce increases based on the gender of your child. If you have two sons, you face a 36.9 percent chance of divorce, but if you have two daughters, the likelihood increases to 43.1 percent. These findings by Columbia University economist Kristin Mammen reflect other studies that link the births of girls with elevated divorce rates.

If you have a child that has been diagnosed with ADHD, you are 22.7% more likely to divorce before that child’s eighth birthday than parents of child without ADHD. The reason is because ADHD is a challenging diagnosis, and raising a child with this disorder can put a huge stress on a marriage.

Did you smile in year book photographs early in life? If you did not, then your marriage is five times more likely to end in divorce than if you did smile. Two tests that studied college yearbook photos and other miscellaneous photos taken during a person’s younger years yielded this result. Apparently, people who smile are more optimistic and therefore find it easier to get along with people, including the people they are married to.

To view the rest of Rufus’s predictions, see 15 signs you'll get divorced.

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

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

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

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

Facebook, the world’s largest social network has over eight million users around the world. The New York Times reported that Facebook has become one of the “new titans of the Internet,” challenging even Google with a vision of a Web tied together through personal relationships.

Facebook is no doubt one of the most popular sites in the world, but your right to privacy is at risk the minute you log onto Facebook. It is possible that your personal information might be involuntarily shared with third parties due to security gaffes, marketing efforts, scam artists, or in the litigation context—opposing counsel.

Recently, a judge in Pennsylvania ruled that an attorney could access a worker’s Facebook account to discredit his claim that he suffered embarrassment and lost wages because of a workplace accident. The worker claimed he was unable to “enjoy life and life’s pleasures” or wear shorts because of an embarrassing scar, but he posted pictures on the public portion of his Facebook page which show him wearing shorts that reveal his leg scar and riding a motorcycle.

The defense filed a motion to gain access to his private Facebook posting. The judge rejected the worker’s privacy argument because the worker had voluntarily posted all the pictures and information on his Facebook page. The judge said that, “with the initiation of litigation …. any relevant, nonprivileged information about one’s life that is shared with others and can be gleaned by defendants from the Internet is fair game in today’s society.”

While one of the fun things about Facebook is sharing photos and messages with friends, keep in mind that the Internet is also a public resource. Only post information you are comfortable with anyone seeing because it can come back to haunt you in Jacksonville divorce proceeding or other legal proceeding or lawsuit For more information on this topic, see Facebook may poke holes in Northumberland County lawsuit.

Marriages in Jacksonville can either be terminated by dissolution (divorce) or by annulment. Annulment is the process of nullifying a marriage where the court declares that the marriage never took place. In order to annul a marriage, the person seeking the legal action must have sufficient grounds for annulment. Florida has no specific statute or rule that governs annulment; the general venue statute is followed and the action is commenced in circuit court. What follows is a list of requirements or grounds that must be presented to the court to terminate a marriage by annulment.

A common ground for annulment typically involves a situation where one party lacked the capacity to legally enter into the marriage. Common examples include: either party has a prior existing marriage, extreme intoxication, lack of the requisite mental ability, or one party was under the age of consent.

Grounds for annulment can also include situations involving fraud, duress, or coercion. A fraudulent marriage can be if one of the parties never intended to be married, the marriage was sought to deceive the other party or the marriage was for the purpose of gaining citizenship rights. A marriage based on duress or coercion includes one party being forced or threatened into the marriage.

A person whose spouse is physically and incurably impotent during the marriage has grounds for annulment, so long as they were not aware of the impotency prior to the marriage. Also, impotency should not be confused with sterility. If a marriage was never consummated, then this also constitutes grounds for annulment.

Although one party who is contesting the marriage may prove some of the above grounds, annulment may not be allowed where that party has ratified the marriage. That means if the person seeking annulment is aware of the defects but confirms the marriage; it cannot be subject to annulment. Essentially, the moving party has waived their right to contest the marriage.

Continue reading "What Constitutes Grounds for Annulment in Florida?" »

When you are facing a divorce in Jacksonville, Florida, there are many issues that must be resolved in order to obtain a final decree of divorce. The issues may include enforcement of a premarital agreement, division of property and debts, and alimony. For families that involve children, the most controversial issues that must be resolved are child support, custody, and visitation issues. The issues surrounding the decision making of children are not easily resolved, and often results in conflict between the parents.

During a high conflict divorce, Jacksonville parents can use the help of a parenting coordinator to help make amicable decisions regarding the care of their children. A parenting coordinator is an impartial third person who is usually a trained mental health or legal professional with experience in mediation. The role of a parenting coordinator is to create appropriate parenting plans; resolve ongoing conflicts between co-parents; monitor parental behavior; and with the approval of the parties and the court, make temporary decisions within the scope of the court order or appointment contract. The Parenting Coordinator is usually appointed by the Court and with the consent of the parents. Parents may also volunteer to utilize the services of a parenting coordinator voluntarily. Parenting Coordinator is not appropriate, and will not be assigned to families with a history of domestic violence.

More than one million children each year experience the harsh realities of divorce and family separation. It is the actions that parents take during and after a divorce that determine how a child will be affected. For more information on parenting coordination, see Parenting Coordination Central. The guidelines for parenting coordination are set forth in Florida Statute 61.125.

Proponents of Florida divorce mediation label mediation as a cooperative approach to end a dispute. Yet bargaining over scarce marital resources is fundamentally competitive and requires the mediator to use clever negotiation tactics in order to yield a successful resolution. The mediator’s role is to reduce obstacles to communication, assist in the identification of issues and exploration of alternatives, and to otherwise facilitate voluntary agreements to resolve the dispute. A clever mediator will use the fear factor as a secret weapon to reach an agreement between two parties.

The fear factor exists when parties in a Florida divorce feel the force of the looming great unknown called their future. Everything has been turned upside-down for some of these families. They are concerned about the following issues:

Where are the children going to live and for what days / times of the week?

Who will be awarded the house in a Florida divorce?

How are the children going to handle the issues and aftermath of a Florida divorce?

How are the parties going to handle the financial responsibilities of two households?

Layer on top of all of these fears the big one: What is their spouse going to do? Are they going to fight for custody, exhaust the savings account, run up the charge cards, or take his/her superior income and leave the other financially unstable?

The mediator can use the fear factor as a motivating force when negotiating between the two parties. Even though intense anger and hurt may lurk in the room, when skillfully managed, a mediator can find out what each party needs, is worry about, and is looking for. Thus, the mediator can use the fear factor to determine what is most important to each party and use that knowledge to succeed in negotiation. For more information on mediation, see the Florida Family Law Rules of Procedure.

In order to file for a divorce in Florida you must file a Petition for Dissolution of Marriage. The petition is designed to lay out all requests of the party filing for divorce. The divorce action will require a division of marital debts and assets, so you want to make certain that you address anything regarding non-marital debts and assets be established so that there is automatically a clear definition that these items may exits. In addition, if you need alimony and/or child support, then it is also important that these matters be alleged in the petition.
As a divorce lawyer in Jacksonville, Florida, I often have clients ask if they can keep the petition simple so that the other party is not too upset by the action. This is difficult to do, especially when there are children involved, because you have to allege your requests up front so that the court will hear them when the time comes. It is important to remember that if you do not ask for it you cannot get it, so often the initial petition will ask for the sun, moon and stars because otherwise you have barred your ability to request those items unless you file an amended petition.
Also, remember that if you are the party receiving the petition, you have the right to file a counter-petition and ask for the kitchen sink as well. Divorce can be messy, but understanding the process can help alleviate some of the emotions and help you better understand that it is business deal and not an emotional one. Keeping your business mind in the forefront of the divorce can make a difficult process a little easier to stomach as it goes on.
If you are interested in filing for divorce you should speak with a divorce lawyer to help you better understand your rights and options along with the process of the divorce.

A Florida name change of a minor child can be challenging if both parents are not present in the child's life. Name changes are often requested so that the child bares the name of a parent, especially when one of the parents is absent. If both parents share parental rights, then a name change requires both parents to consent to the change. However, in order to change a name a petition for change of name must be filed with the court and it can then be served on the other parent.

In the event the other parent cannot be found, or the other parent is no longer a resident, then the petition may be served by publication. If there is no response to the service, either actual or constructive (published), then the other parent would be in default and the name change may occur without actual consent, but implied consent by the inaction.

If you are interested in changing your child's name then you should speak with a family law attorney about your rights and options.

The demise of death benefits in a Florida divorce. The Florida Supreme Court recently held that if a final judgment of divorce is silent about death benefits, then the policy documents control the death benefit. The reason this can be an issue is that often during a marriage spouses will take out life insurance policies and name one another as the beneficiary. When the divorce is final, if there is no further designation or language taking that right away from a spouse, then the policy itself becomes the authority of the death benefit. So, if you divorce and forget to change the actual policy, and there is no language in the final judgment regarding the death benefit, then your ex-spouse may inherit the death benefit upon your demise.

In the recent case, Crawford v. Barker, SC09-1969 (Fla. June 9, 2011), the final judgment of divorce did not specify any new ownership or beneficiary regarding the death proceeds or beneficiary for a policy held on the husband's life. During the marriage, the husband had designated his spouse, now ex-wife, as the beneficiary on the policy. After the divorce, the ex-husband died and had not changed his policy to reflect a new beneficiary. Therefore, the ex-wife and the ex-husband's estate battled over the funds and the Florida Supreme Court decided that since the final judgment of divorce was silent, then the deciding documents were those of the actual policy. Since the ex-husband had not changed the policy to reflect a new beneficiary, the proceeds were decided to be that of the ex-wife.

In a divorce proceeding, it is important to have a true and accurate accounting of all assets, including death benefits. In addition, if it is your intent upon the divorce to take the death benefit away from your spouse, then be certain the language of the final divorce decree reflects that. Also, try to remember that you need to change the beneficiary on your actual policy so that the death benefit does not get held up on probate court later down the line.

Continue reading "My Florida Divorce and Death Benefits" »

Prenuptial agreements are enforceable in Florida if all provisions are met, especially the full disclosure of assets and liabilities to each party. In a divorce, full disclosure is necessary and required by Florida law. In developing a prenuptial agreement, the same is true because both parties have to have a full snapshot of the other party's assets and liabilities before agreeing to the financial breakdown in case divorce was eminent. A full premarital financial disclosure is actually a tool that can be helpful in a relationship because both parties have an opportunity to better understand what they are walking into at the end of the aisle. A marriage is based on the joining of two people, but also the joining of their, "stuff." So, having a full picture is helpful in knowing what challenges and expectations may be ahead for the couple.
Full disclosure of assets means that you are both providing bank statements, investment statements, trust holdings, properties, etc. Both parties need a clear understanding of what the other has so that the agreement can be drafted to protect them both and not just one party. A prenup is not intended to be a body of armor for the party with the most, but is designed to make certain that if the marriage were to fail, that there are contentions in place for how to divide marital assets and decide which assets are actually marital and nonmarital.
Though it may feel like planning for the marriage to fall apart, the truth is that is actually helps people to plan their life together effectively because it brings issues to the forefront where they may have never otherwise been addressed until an argument occurs.

Continue reading "Prenups in Florida Require Full Financial Disclosure" »

Is a Pre-Marital - Pre-Nuptial Agreement Always Enforceable in the State of Florida? The answer to this question like many - "It depends."

The sad reality in our society is that most marriages will end in divorce. The United States currently has the highest divorce rate at roughly 50 percent for first marriages and almost 70 percent for remarriages. Fortunately, a premarital agreement can bring predictability and security to the circumstances surrounding settlement of your personal affairs following a marriage or remarriage.

The Florida Statutes define a “premarital agreement” as an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Such agreements may also be referred to as Florida antenuptial or prenuptial agreements, and informally as Florida prenups. The couple planning to be married decides how important financial matters will be resolved in case of divorce, separation or death.

Florida's Uniform Premarital Agreement Act includes specific requirements needed for a premarital agreement to be valid and enforceable. First, the agreement must be in writing (a court will not enforce any verbal agreements between parties). Second, both parties must sign the agreement. Lastly, the agreement is valid without either party giving up any rights; the act of marriage is sufficient enough to create a valid agreement.

However, Florida law provides multiple ways in which a premarital agreement can be attacked or challenged. Examples include if either party can prove they did not sign the agreement voluntarily, due to fraud, duress, or coercion, or that the terms of the agreement were very unfair and one party was not provided fair access to the other party’s financial situation. For more information on this topic, see the Florida Statutes

Continue reading "Is a Premarital / Prenuptial Agreement Always Enforceable in the State of Florida?" »

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

Recently, a Florida man who is married to two women was to not be in violation of Florida bigamy laws. The Orlando man was caught in the marriage triangle by his wife, Heather Bennett in 2010. She and Tait were married in 2000 and he was married to Amy Bennett in 2005 in Las Vegas, Nevada. Due to the second marriage taking place in Nevada, the crime is considered to have happened outside of Florida and therefore, the State of Florida cannot prosecute Tait Bennett for the crime.
Tait Bennett filed for a Florida divorce from Heather Bennett in February of this year. However, they had been separated since 2008, before Heather knew of the second wife. In Florida family law, bigamy actually creates a void marriage to the second wife and is therefore considered annulled. He would have to remarry Amy Bennett to make their marriage official, regardless of Florida criminal laws. Heather Bennett may look into an annulment, but since she was the first wife, divorce may be necessary to effectuate their separation from the nightmare Tait Bennett created for his wives.

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

In a Florida divorce or paternity action, if time-sharing cannot be agreed upon by parents, then the Court may require, or the parties may agree, that a parenting coordinator may be helpful. A time-sharing plan must be established for visitation in Florida, so a parenting coordinator can assist parties in developing one, or can give recommendations to the Court for one. A parenting coordinator must remain neutral to the situation and must meet the statutory requirements in order to be used in a divorce or paternity case.

Who can be a Florida parenting coordinator? According to Florida Statute, 61.125, a parenting coordinator must be one of the following: a licensed mental health professional, a physician certified by the American Board of Psychiatry and Neurology, have at least a master's degree in mental health and be a certified family law mediator, or be a member of the Florida Bar in good standing (i.e. a lawyer). The individual must be in good standing with any of the licensing or certification boards that they are on.

In addition, based on the need for the parenting coordinator must complete the following educational requirements: complete 3 years of post-licensing or post-certification practice; take and complete a certified mediation training program; take at least 24 hours of training in parenting coordination including ethics, coordination concepts, techniques, etc.; and complete at least 4 hours of domestic violence and child abuse training as it relates to parenting coordination.

If you believe that a parenting coordinator is right for your case you should speak with your divorce or paternity lawyer.

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

Time-sharing is an issue for Florida divorces involving children and in paternity cases. Florida requires a time-sharing plan to establish the visitation of schedules for parents and children. The time-sharing schedule can be agreed upon by both parents, but if they disagree, then the Florida family law court may require the parties attend parenting coordination in accordance with Florida Statute 61.125.
What is parenting coordination? Florida parenting coordination is completed to help resolve disputes between parents about what they want in a visitation schedule and who will have majority time-sharing (custody) of the children. Often parents do not agree about who should have the children the majority of the time, so the coordinator can help them better understand what is in the best interest of the children by educating the parents, interviewing them and the children, and by making recommendations to the court based on the court's provisions.
Speak with your divorce or paternity lawyer about your options and whether parenting coordination is in your best interest.

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

Florida time-sharing is not just for condos anymore. In a Florida divorce, involving children, the court now looks at time-sharing plans to determine the visitation schedule. So, what is a time-sharing plan?
A Florida time-sharing plan in a divorce is a plan that parents use for their visitation schedule. A time-sharing plan is not designed to start with a 50/50 visitation plan, but to develop a schedule in the best interest of the children and to help parents avoid fights along the way. The time-sharing plan should address issues like school, holiday and vacation schedules. The idea is to put the children in the best situation to develop a bond with each parent in a fair way.
If the parents cannot agree on a time-sharing plan, then the court may devise one based on numerous conditions. If the parents are arguing over majority time-sharing, then the court may require the parents to meet with a parenting coordinator or have s social investigation completed.
A time-sharing plan should be discussed with your divorce or paternity attorney to better understand your rights and options.

Divorce is more prominent with families that have twins according to a recent study completed by Dr. Anupam Jena of Massachusetts General Hospital. The study looked at over 800,000 families since the 1980 census that claimed to have twins. Of that number, the study found that in families where twins were the oldest that 14% of the mothers were divorced from the father of the twins, which led to the conclusion that twins led to a greater increase in divorce for families. However, the increase in divorce is slight since mothers with only a single eldest child reported divorce 13% of the time.

Divorce can manifest in a number of ways, including income changes, stress increases, expense hikes, etc. When two children are the same age it does take a financial hit on a family because there is not the ability to pass down clothes, cribs, etc. In addition, two babies staying up all night puts both parents in a sleep deprivation, which can lead to stress increases. The parents can manage these factors, so simply having twins does not predetermine your marriage failing, but failing to recognize the stresses and addressing them together can lead to divorce.

If you are thinking of filing for divorce, it is a good idea to find out your rights and options by speaking with a Jacksonville divorce lawyer.

Children in a divorce can significantly impacted by the divorce if parents do not take proper precautions and try to make the transition easier on children. According to a new study, there is a link between kids of divorce and suicide. The study quickly gives a disclaimer, as will I, that this does not mean that children of divorce are going to commit suicide, it simply shows that children can be impacted significantly unless parents take precautions to help with the transition.

The study conducted by Esme Fuller-Thompson, a professor at the University of Toronto, showed that men from divorced families are three time more likely to consider suicide and that women of divorce have an 83% higher chance of considering suicide. The study indicates that while they did research on a number of individuals there are certain factors missing, including how much time parents spent with the children post divorce. In addition, the number of suicidal ideations decreased for women when abuse and addiction situations were removed. However, for men, the number remained the same with those factors removed. The overall basis of the study was to see the correlation, but the study failed to find out what the root cause is, which led to the speculation that men often lose their male role model in a divorce and that lack of male influence has a strong impact on men as they grow from boyhood.

Florida timesharing allows for parents to think about kids first without first thinking about "custody". Timesharing replaced the terms, "custody" and "visitation" in 2007 to help put children first in the divorce. The idea is that parents do not need to look at children as property, but as kids that need guidance from both parents and hopefully, as both parents put the children first during and after the divorce the findings from the study will decrease over time.

Continue reading "Florida Timesharing and Divorce: Link Between Kids of Divorce and Suicide " »

Children are misplaced in a divorce. Florida law has tried to counteract the effects of divorce on children by providing parenting class requirements and changing custody to timesharing and parenting plans. However, a recent study shows that maybe the changes are not all that is needed, but an actual understanding of the psychological impact divorce has on children. The study done by the University of Wisconsin-Madison showed that the living environment surrounding the kids before divorce proceedings does not have as much impact as actually starting the divorce proceedings.
The study took 3,585 students ranging from kindergarten to fifth grade and examined the impact on divorce on the children. The kids in the study were compared to those in stable, intact families. The most impacted area of the children were in their math studies since it is the one that builds on itself and requires foundation for future learning (1+1=2 is beginning to multiplying). The study’s researcher, Hyun Sik Kim, attributed the setbacks to not only a change of environment, but also the balance of time with each parent and economic changes based on the parents each being impacted by changes in income (child support, one income family, etc.).
Before proceeding forward find out what you can expect in the immediate and distant future by speaking with a lawyer in your area.

Timesharing and divorce can impact children in school, home and socially according to a new study. In a Florida divorce involving children, parents are encouraged to look at visitation as timesharing with the other parent and to develop parenting plans so that they can resolve issues together rather than at odds with each other. However, a recent study done at the University of Wisconsin-Madison showed that divorce first begins impacting children once they proceedings start.
Florida divorces involving children require that parents attend a parenting class to help them better understand the effects divorce may have on their children from beginning to end. Divorce does not just end with a judge making a decision, but will continue throughout the lives of the children since both parents will live in separate homes.
Florida adopted timesharing plans to help put kids at the front of the parents minds when going through a divorce. However, if parents are not willing to change their reactions or ways of handling a divorce, then the children will remain negatively impacted. If you are thinking of divorcing, it is a good idea to speak with a lawyer about your divorce and your concerns involving children before actually filing for divorce.

In a Florida divorce, marital property is often a topic of contention. In a divorce often there is an exchange of marital property necessary for both parties. When exchanging property it is a good idea to set a time and place for the exchange. If there is property in the marital home, then often a police escort can be helpful for making certain that there are no disputes that take place and that the parties do not items that have not been agreed upon by both parties. If there are items up for dispute, then it is a good idea to make a list of all items so that they can divided by the court when the time comes.

Florida is an equitable distribution state, meaning that each party is entitled to one-half value of marital assets. So, if you have two new TVs, one party will get one and the other party will get the other TV. If you need to exchange items or get them from storage it is a good idea to have to have a 3rd party, not involved with the case, present so that you can have a witness. If you cannot agree on a 3rd party, contact the police for a police escort.

Speak with a lawyer about your rights and options before making any property changes.

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

Divorce impacts families from the parents to children and often children want to have a say in where they live. Florida recognizes that children need to be considered in a divorce and has established that a time-sharing and parenting plan should be established for the benefit of the children by taking into consideration the school and extracurricular activities of the kids. In addition, the time-sharing plan should provide time for each parent to develop a parent-child relationship though they may not live in the same home on a daily basis.

However, often I have clients ask if their child can tell the judge where the child prefers to live the majority of the time. In Florida, child testimony is allowed if proper leave of court is requested and the Judge finds that the child is an age (generally over 11), maturity and understanding of the proceedings to provide proper testimony. The court must also determine if the child's testimony will be detrimental to the child's mental health and whether the child can testify in front of all parties or only in front of the judge. In Jacksonville, Florida typically if there is a dispute as to which parent will have majority time-sharing, the court will require a social investigation and during that investigation, generally conducted by a psychologist, the children will be interviewed.

If you have a divorce where child time-sharing is an issue, you should speak with an lawyer to find out your rights and options.

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

Florida divorce law allows for a spouse to be awarded spousal support/alimony, if the court finds that the requesting party has a need for support and if the other party has the ability to pay alimony. Both tests are important in determining spousal support because the goal of the court is to make the parties whole, not to make one party whole while the other lives a destitute life. In addition to determining the need and ability to pay, the court must determine how long spousal support is necessary or allowed under the Florida alimony statute.
The Florida alimony statute allows for alimony in different forms: lump sum, periodic, bridge-the gap, permanent and rehabilitative. The spousal support awarded is based on the evidence presented, including the length of the marriage, the contribution of each party to the household, the health of the parties, and other factors. In order to have alimony awarded, the need for support must be shown to the court and that need should be quantified, especially with recent changes to permanent alimony, which require that the court the spousal support is needed permanently.
If you have questions regarding your Florida divorce, speak with a family law attorney about your rights and options.

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

In a divorce or other child support case, I am often asked which parent can claim the child as a tax exemption. According to Florida State 61.30(11)(a)(8), the parent with the majority timesharing is required to file the IRS waiver of claiming the tax exemption if the other parent is current in child support payments. This is enforceable when the parents have agreed, or it has been ordered that they alternate tax years claiming the child.

However, according to Wamsley v. Wamsley, 954 So.2d 89 (Fla. 2nd DCA 2007), it is error for the court to order the tax exemption be given to a parent that is not current in child support payments. What this means is that even though the order may alternate tax years for the exemption, the parent with the majority timesharing does not have to file the waiver of exemption if the other parent is behind in child support.

You should speak with a family law attorney if you have a problem with the tax exemption or an issue involving child support.

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

In Florida, divorces require the equal distribution of marital assets. What this means is that anything purchased or co-mingled during the marriage is considered marital and those assets have to be divided equally to the spouses. However, if one spouse uses those funds inappropriately (drugs, affairs, etc.), then the court may order an unequal distribution of the marital assets.

In a recent Florida case, Fuentes v. Fuentes, 35 FLW D878 (Fla.2nd DCA April 27, 2011), the court ruled that if an unequal distribution of assets is awarded to a spouse, then it is that spouse’s responsibility to prove to the court the assets were inappropriately used or depleted by the other. While the parties are waiting for the divorce to be final, one spouse may be required to pay the other spousal support (alimony), living expenses, attorney fees, etc. Normally, these funds are to be paid from current income, but sometimes it requires the spouse to go into marital funds to pay the other with. When that occurs, it is not considered an inappropriate use of marital funds and an unequal distribution of assets is not appropriate.

If divorce is on the horizon, you should speak with a family law attorney to better understand your rights and options.

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

In Florida divorce cases involving children, the parents are required to attend a DCF approved parenting class to help them learn ways of talking with their children and each other about divorce, timesharing and other issues. In North Florida courts, like Jacksonville, the family law judges require the same course be completed in paternity cases as well.

Recently, Jacksonville’s First Coast News reported that the online course, approved in areas like St. Johns County, can actually be completed by a dog. The fact is that the DCF online course does not require individuals taking the course to continuously stay engaged in the program. The class takes four hours and as long as someone is logged into the site, having paid, then once the four hours are done they get a certificate of completion. The idea from the article is that in-person classes like those provided at Hope Haven are more beneficial to the parents and children because it guarantees that the parents are listening and engaging since they have to participate in roll-play.

The class is designed to assist parents in understanding different parenting techniques and, in the process, to help avoid issues of child abuse. If you are going through a divorce or paternity case, think about the benefit to your child in attending the class, whether you do online or the in-person class. You have a course for four hours, but it helps to teach techniques that will be beneficial to you and your child for the next 18 years.

If you are going through a divorce or paternity case in Duval, Clay or St. Johns County, you should speak to an attorney about the court’s requirements on you during your case and understand your rights and options.

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

In Florida, child support is determined based on the child support guidelines. In addition, if the payee requests an income deduction order, then the child support will be garnished from the payor's wages with a fee established by the State. The fee is minimal and is assessed to the payor for the service of having the garnishment done.
If child support is not paid, then the payee (receiving party) may file a motion for contempt. If the child support was to be garnished an the employer failed o do so, the. Both the payor and the employer can be held in contempt. Often, if the parties are found to be in contempt (not obeying court order) then the attorney fees an costs established to bring the action may be paid by the offending parties.
If you have an issue with child support, including your wages not being garnished, then you should speak with a lawyer about your rights and options.

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

Holiday Visitation can be challenging when going through a divorce and sometimes even after the divorce is over. Emotions are often heightened during a holiday so rational negotiations can be a challenge. If necessary, you may seek help from a third party such as a mediator or lawyer to reach an amicable resolution.

When establishing a timesharing plan, it is important to first think in terms of the needs of the children such as their school schedule, sports schedule and the like. Once you know those perimeters be fair to the other parent by truly thinking about what holidays and events are most important to you and your extended family. That may help you to establish a Timesharing plan that is workable now and in the future.

When establishing a parenting a d timeshare plan it is good to speak with a family law attorney to help explain your rights and options.

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

Florida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.

Florida alimony laws started changing a year ago to give definitions to long-term and short-term marriages, which were not available before. Now, the Florida alimony statute has changed again and now includes a provision to make the payor and payee have equal amounts available to them each month. The new provision regarding alimony will be in Florida Statute 61.08(9) and basically states that the award of alimony cannot leave the payor with significantly less net income than the payee. This additional language will hopefully make alimony payments more fair in determining the amount to be paid and received. The idea is that one party really should not benefit financially while the other suffers financially from said support.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida can be defined as a spousal support established to help keep both parties in the same lifestyle to which they were accustomed during the marriage. Alimony has been established for individuals that are divorcing that have a lack of ability to earn income based on their contributions to the marriage. The idea is that the spouse that has put his/her career on hold will be financially harmed by the divorce due to lack of income, job experience and the like. Permanent alimony is designed to help keep the status quo the marriage for the parties.

However, Florida law has changed in 2011 and will take effect on July 1, 2011 making permanent alimony more challenging to be awarded, even in a long-term marriage (over 17 years). Now, the court must determine that permanent alimony is necessary for the requesting spouse and make a finding that there are no other forms of alimony that are fair and reasonable under the circumstances. If the requesting spouse could work towards achieving a lifestyle similar to that established during the marriage, then the court may find that another form of alimony (bridge-the-gap, lump sum, rehabilitative, durational) may be just as fair in achieving the goal of having finances equal to the marital lifestyle.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.

Permanent alimony used to be available in long-term marriages as an automatic with showing necessity of such, in moderate-term marriages if it can be shown to be within a reasonable necessity and in short-term marriages if there were, “exceptional circumstances.” The 2011 laws have now significantly impacted the ability to get permanent alimony in moderate-term marriages (7 -17 years). Florida Statute 61.08(8) , in order to get permanent alimony in a moderate-term marriage, the party requesting said alimony must present clear and convincing evidence as to why she/he should be awarded permanent alimony.

Now the threshold for getting permanent alimony for marriages less than 17 years will require more evidence then the typical issues of work history or contribution to the marriage. These allegations will now have to be proven by the requesting party and not merely addressed through testimony of the requesting party.

When going through a divorce, you should speak with a divorce lawyer/family law attorney to better understand the law and your rights and options under said law.

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

Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.

Florida Statute 61.08(7) now states that there is no reason that durational alimony cannot be awarded in a long-term marriage (over 17 years) if there is no ongoing need for permanent support. What this means for you is that if the spouse requesting permanent alimony has an ability to care for him/herself and provide a lifestyle close to that of the marriage, then that spouse may be entitled to alimony for a set period of time, but not permanent alimony since there is no need for the same.

Alimony is designed to keep both parties in the lifestyle to which they have been accustomed during the marriage. Over time, if both parties have the capability of maintaining that lifestyle without assistance, then Florida law is now saying the other spouse should not be required to continue paying support.

You should speak with a divorce lawyer to better understand how alimony works and is calculated if you are going through a Florida divorce.

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

Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance, Florida Statute 61.08(4) defines marriages as short-term (0-7 years, moderate-term (7-17 years) and long-term (over 17 years).

Florida alimony now has even more restrictions that will take effect on July 1, 2011 and will apply to all pending Florida divorce cases and any new modifications of old orders regarding alimony. The changes basically make it harder to secure permanent alimony by placing more restrictions and hurdles regarding proof on the party requesting permanent alimony.

While Florida seems interested in changing alimony requirements and availability, hopefully the legislature will at some point give guideline calculations for alimony to make the process easier to understand by both parties.

If you are going through a divorce in Florida, you should speak with a divorce lawyer to better understand your rights and options.

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

Text messaging has replaced phone calls for many people, especially those going through a bitter divorce. When text messaging shows communications that may help a court better understand a situation or issue surrounding the divorce, a Florida court may allow such communication. As a family law attorney in Jacksonville, Florida, I have had to use text messaging to prove that my client has been harassed or that the other party has threatened harm on the children. The text messages must be proven to the court to have come from the parties. What typically is shown are the phone messages, in the phone and a hard copy produced as almost a screen shot. It is important to establish certain criteria to have the text message entered as evidence to the court for proof of origin and content. Simply writing the text messages will most likely not be allowed in court since there is a higher chance of error in copying.

If you are going through a Florida divorce, you should contact your cell phone provider to see if there is a way to get the text messages from them. A number of smart phones also allow the messages to be sent via email, which may be used if you can also provide the phone for proof of the messages.

If you are divorcing and have communication with the other party you should speak with a lawyer about your case and get help in presenting your case to the court.

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

Florida requires parents going through a divorce or paternity case to keep their children in the front of the issues. North Florida courts require that parents complete a course sponsored by the Department of Children and Families that teaches parents about issues regarding a split home and the effects it may have on the children. The course in Jacksonville Florida is called, "Children First in Divorce."

In Jacksonville, Florida the course is a requirement in every divorce and paternity case to help parents understand issues that may arise with the children as parents split or establish a time-sharing plan. Like it or not, separate households can cause the children difficulties and understanding how to address those issues can be helpful.
Speak to a family law attorney If you are going through a divorce or paternity action so that you follow all court rules.

If you are going through a divorce or paternity action, know your rights, options and the responsibilities the court may impose on you, speak with a family law attorney.

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

Using emails in your divorce or paternity case can be challenging. As a family law attorney in Jacksonville, Florida, I often have clients come in with emails that they want me to introduce to the court. However, simply because it exists does not mean that the email can be provided to the court to establish your case. Divorce and paternity cases often lead to the parties communicating through email so the emails often have information that is emotionally charged for both parties.

To use the emails, the court has to be able to verify that the emails are authentic to the parties and having that established takes understanding for rules of evidence. Authenticating an email may be through instant reply, nicknames, information unique to the parties, etc.

If you are going through a divorce or paternity case and have email communication that may be beneficial to your case, you should speak with a family law attorney.

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

In your Florida divorce or paternity case, the court allows the use of instant messaging (IM). Often, couples couples communicate through the internet using instant messaging (IM) and then wonder if their conversation can be used against the the other party in a divorce or paternity case. The court does allow the use of this communication, but it is difficult to get it admitted to court unless it can be shown to be a true copy of the conversation.

The best way to save the communication is with a screen shot versus cutting and pasting the document. A screen shot can be saved and used to show the individuals had communication, the communication was by using known screen names that are attached to email addresses associated with the parties. If you are communicating through instant message, take screen shots and also copy the profile of the other party.

If you are going through a Florida paternity or divorce case, then you should speak with a lawyer that is familiar with these issues so that the proper evidence may be shown to the court.

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

Florida divorces require that assets, including all accounts (IRAs, Mutual Funds, etc.) be divided equally by the parties. Once the assets are divided equally, the income available to the parties may be construed differently and impute certain monthly allowances to a party when determining if alimony will be awarded. In a recent Florida case, Neiderman v. Neiderman, 36 FLW D927 (Fla. 4th DCA May 4, 2011), the court found that the Wife could be imputed income from the division of an IRA. While IRAs do have a penalty for withdrawals made before age 59 and 1/2, there is a provision under IRS Regulation 72(t) that allows equal periodic payments from an IRA without penalty. This is done only if the payments will be for more than five years; the life expectancy of the party; and if there is a reasonable rate of return. Under this provision, the wife in Neiderman could withdrawal $9,000 per month without invading the principal. Therefore, the wife was imputed $9,000 per month income only from the IRA as imputed income for determining her alimony award since her husband made $500,000 per year and she made $35,000 per year.
Given market changes, she may be able to apply for a modification of alimony if there is a deviation of at least 15% in her available income.

Continue reading "In Determining Alimony in My Florida Divorce, Can Income Be Imputed Through Marital Assets?" »

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

divorces and the pensions of the parties are controlled by Florida Statute 61.076, which gives equitable distribution for any vested or nonvested monies, benefits and rights received during the marriage. For example, if the wife has worked for a company for 20 years and has a pension for those 20 years of work, then husband is entitled to receive one-half of the portion of the pension created during the marriage. If they were married for 10 years, then he receives one-half of the 10 years worth of pension. Often, this is a calculation that has to be completed. Even though the final judgment or order of the divorce will state what the division is and how it is to be divided, the receiving party must also have a Qualified Domestic Relations Order (QDRO) entered by the court for the bank or 3rd party to divide the pension properly.
If you questions regarding your pension or the pension that you have been awarded in your divorce, then you should speak with a family law attorney about having the QDRO completed or you cannot get your funds.

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

If you divorce and were married for at least 10 years prior to the divorce, then you may be entitled to receive social security benefits equal to those of your spouse. You can qualify for this election at age 62, if you are divorced for at least two years from the person; not married at the time you reach that age; and your ex qualifies for social security benefits. If your ex is at retirement age and entitled to receive benefits, but has not done so yet, then you may still apply for the benefits. However, if you remarry and are still married by the time you reach social security age, then you cannot opt for your ex's benefit amount. By opting for the benefits of your ex-spouse, it does not impact what s/he may receive in social security benefits.
For more information, contact a family law attorney to understand if you qualify and how to qualify.

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

In a Florida divorce or paternity case establishing a parenting and time-sharing are vital in dealing with visitation issues. However, if you live out-of-state during the divorce or paternity case, then the time-sharing plan may depend on your situation. For example, if you are in a paternity case and just found out that you have a child, then a judge may not require the child to simply get on a plane for you to see your child. What may happen is that you transition into a time-sharing plan where the child eventually will visit you at your home. In the meantime, you may be required to come to Florida to establish a relationship with the child so that the time-sharing can then be scheduled at your own home. If you already have a relationship established with the children, then other factors will be how far you live; transportation abilities; school schedules; etc. The Judge will look at these factors to help establish the best time-sharing schedule for all parties, including the child.
If you are in Jacksonville, Florida, then you may be asked if you are interested in what were previously 4th Judicial Circuit Long Distance Guidelines. They basically separate out holidays, summer vacation and three day weekends so that the long distance visits are lucrative for the parent and child to share bonding time.

Continue reading "In Florida, What Visitation or Timesharing Should I Expect With My Children if I Live Out-of-State" »

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

Club memberships can be a point of argument in a divorce. Often, couples who have membership to a private club are both covered under the same member policy. Typically, one membership will include both people in the couple, so dividing the membership can be difficult. What is important to consider when fighting over such memberships is whether you van afford the membership after the divorce. Memberships are not considered an asset, but can be calculated in determining alimony expectations or as a negotiation tool. Before fighting try to have an understanding of what you are fighting over, including whether the members are going to be your social group during and after the divorce, whether you can have your own membership established without your spouse, etc. If the membership is one that you can have without your spouse, then you want to establish whatever cost would be. However, if the membership is through your spouse's employer, then it most likely will stay with your spouse because it is nontransferable. Understand what you are asking for before fighting over it because it will save you time, money and frustration through the divorce.
If you have questions regarding your divorce, then you should speak with a family law attorney.

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

As a Jacksonville divorce lawyer, I am often asked how long a divorce will take. The time for a divorce is based on a number of factors including whether there issues involving children; marital assets; alimony; personal businesses; etc. In addition to the issues surrounding the divorce, the court also has a calendar that it uses in scheduling hearing dates and trials. No matter how quickly a divorce agreement can be reached, you are still at the mercy of the Judge's calendar to go for a final hearing.
If you and your spouse agree on things, then a consent agreement may be reached at the very beginning and the divorce can be done rather quickly. However, if there are fights along the way regarding all matter surrounding the divorce, then the process can take anywhere from 6 months to 6 years. Parties are required to attend mediation and with a divorce surrounding multiple issues like children; business divisions; division of other marital property; then the parties may agree to attend more than one mediation session to work through all of the issues instead of leaving the ultimate decision to the Judge. Hopefully, understanding the process will lead to a faster resolution to the divorce.
If you are going through a divorce, it is good to speak with a family law attorney about your rights and options so you understand what you are fighting for and over.

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

Parental responsibility is a portion of any case involving children, including paternity and divorce actions a divorce lawyer in Jacksonville, many clients ask for full custody. What I first explain is that Florida now refers to visitation and custody as "time-sharing" and second, unless there is good reason (abuse, alcoholism, etc.) then the other parent has a right to have say in where the children go to school, what activities they participate on, if surgery is in the best interest of the children and all other aspects that go into parenting a child. Florida law refers to these decisions as parental responsibility and without good cause, that responsibility is going to be shared by both parents.
When one parent decides to avoid this division of responsibility and decides to make one-sided, big decisions, then the court may intervene. The parent left out of such decisions may file a Motion for Contempt against the other parent and ask the court to impose fines and other consequences on the offending parent.
If you are having such difficulties, then you may want to speak with a family law attorney to help you.

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

As a Florida divorce lawyer, I have seen Social media's impact on marriages. Facebook, 2nd Life, dating sites, all making seeing what else is out there easy to locate in the confines of your office or home. Ease of dating makes ease of cheating even more realistic to couples. The impact can and has led to an increase in affairs and divorces are the result.
In Florida, divorce is based on whether a marriage is able to be saved and not on who is at fault foe the divorce. Equitable distribution is applied to both parties to divide assets equally. if one party can show that marital funds were used to create or continue an affair than certain assets may be divided unequally to pay back the no offending spouse. For example, if a spouse has been paying for websites to meet someone, then that money can be reimbursed to the no offending spouse through money or other assets.
To understand your rights and options you should speak with a divorce law attorney.

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

As a Jacksonville, Florida lawyer working in family law I am often asked what a family law attorney does. Basically, family law consists of handling divorces, child support cases, paternity cases, visitation or time-sharing matters, adoptions and the like. A divorce lawyer is just a more specific way of saying the same thing as, "I handle family law cases." When hiring an attorney to handle your divorce case or related matters, then looking for a family law attorney versus a divorce attorney or lawyer may broaden the scope in your search and better fit your needs.
Family law or divorce lawyers are one in the same, so you are not doing anything wrong by hiring a family law attorney instead of a divorce attorney to handle your divorce case. It is no different than referring to a lawyer as an attorney.

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

Retirement and pension accounts are often a source of of issue in a Florida divorce case. When divorcing, the law states that marital assets, including bank accounts, mutual accounts, pension and retirement accounts, must be equitably divided. However, each party can waive their right to the other's retirement or pension funds. When dividing pension and retirement accounts, the divide is not only based on the total in each account at the time of the parties' separation. The division is actually based on the amount contributed into the accounts during the marriage. So, if you work at your job for 20 years, then marry for 2, your spouse is only entitled to the amount contributed and earned during that two year period of time. However, if you have been married the entire time you've worked at that job, then the entire amount is divided equally.

When dividing accounts, it is important to understand and know what the marital value of the account is versus the total amount of the asset. To better understand your rights and options, it is a good idea to speak with a family law attorney.

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

Florida divorce law allows for an equal division of marital assets when the evidence shows that the assets are, in fact, marital. For instance, if you get married, by a house together and then file divorce then the house is considered marital and you both are entitled to one-half the value or one-half the liability associated with that house. If there is a nonmarital property, meaning it was purchased before the marriage, then that is left with the person that entered the marriage with that property. However, if the property is transferred into both names during the marriage, then it can be considered marital property depending on the situation surrounding the divorce and property. See Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

Florida is also a no-fault state, which means that regardless of an affair, the court is required to equitably divide the property. The only time this is not true is when you can prove that marital property or money was used to help establish and maintain the relationship or other activity (i.e. gambling) outside of the marriage. Then division is still going to occur, but it may be a 40/60 division instead of equal.

Speak with a divorce lawyer before assuming that you are entitled to everything in a divorce because understanding the process will save you money in the long run.

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

Florida law holds that a short-term marriage is one that lasts for 7 or less years in accordance with Florida Statute 61.08(4). If a marriage is for less than seven (7) years, then the court may find that certain provisions of equitable distribution of assets do not apply, as in a recent Florida case Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

This latest case found that the husband had placed nonmarital property (property acquired prior to the marriage) in both his and the wife's name when he believed they were reconciling the marriage. The husband and wife were married for only two years at the time and soon after the property was jointly titled, the wife filed for divorce. The court found that in a short-term marriage, with the idea that the property was jointly titled under the auspice of the parties staying married, that the wife should not benefit from the newly made marital asset. Furthermore, the court in Grieco v. Grieco, 917 So.2d 1052 (Fla. 2nd DCA 2006) ruled that a short-term marriage should not result in a payday to one of the parties when applying equitable distribution terms to the divorce per Florida Statute 61.075.

If you have such a case, you should speak with a lawyer that handles divorce matters so that you can fully understand your rights and options.

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

Domestic violence in marriage can be a major cause for divorce and knowing you are safe is key to the livelihood of you and your children. If you fear abuse or other harm from your spouse, you should apply for a domestic violence injunction with the court. In addition, in going through a divorce with someone that is violent, you should let your attorney know and the judge know that you are in fear for your safety in the presence of your spouse. If the judge is aware of the danger, then the judge can take the proper steps in insuring your safety while you are going through divorce hearings where you and your spouse are in the same room. The judge can have a bailiff sit-in on the proceedings to restrain the spouse if that spouse becomes violent.
A recent Florida case involved such issues and the wife, while attending a final hearing on the divorce, was severely injured by her husband during the court proceeding. The judge, and most likely the wife, at the time did not know of the husband's strong propensity towards violence and did not have a bailiff in the chambers. Luckily for the wife, the husband was restrained by her own attorney, but not before she suffered a broken nose.

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

divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are served a divorce petition, you have twenty (20) days to file an answer with the court and provide a copy to the your spouse or the attorney for your spouse. An answer is a document that addressing each allegation or request in the petition and goes paragraph by paragraph. It is important to know that a petition often asks for more than the other party wants because if it is not requested in the petition, then it most likely will not be addressed. Also, you have the right to file a counter-petition along with your answer. A counter-petition basically lays out your own requests and allegations and your spouse has twenty (20) days to answer the counter-petition.

It is a good idea to file a counter-petition if your spouse has asked for the marital home and you want it, or if your spouse makes the majority of the money in the marriage, then you may want to request alimony. In addition, since Florida equally divides marital property, if your spouse used money in furtherance of an affair, then you would want an unequal distribution of assets to give you back the money used for that relationship. If you are served with divorce papers, you should speak with a family law attorney to better understand your rights and options.

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

Stay at home parents going through a divorce often question how they will get through the divorce financially. In Florida, if you do not have money to hire a lawyer, but your spouse does, then you will need to file a Motion for Temporary Needs and a financial affidavit, to get attorney fees and costs associated with the divorce. Florida recognizes that if one spouse can get a lawyer, then the other spouse should be capable of the same regardless of their independent financial issues. The idea is that a party that has money should not win simply because that person holds the Benjamins.

If you are in the above situation, you should speak with a lawyer about your upcoming or pending divorce and find out what your rights and options are in the process.

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

As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in child support. Whether they come to me for a divorce, paternity action o modification of child support there is always concern for what should be budgeted.

Child support is based on factors of income, expenses paid for the child (daycare, health insurance, etc.), and time-sharing. Child support guidelines provide a calculation for how all of these factors are broken down and what the monthly obligation will be.

Once child support is calculated and ordered, it can still be modified of there are substantial changes of circumstance (i.e. Laid off from job). However, modifications should be petitioned immediately or else you will continue to be bound by the initial calculation and other consequences can occur, such as driver license suspension, jail time, etc.

Child support is not designed as a punishment to parents, but as simply providing support for the benefit of your child. When it seems like a high number consider that it is designed to provide the home, food, transportation, health needs , and other things for your child. In addition, it is designed to keep your child in the same lifestyle he would have if both parents lived in the same home.

When dealing with child support, issues it is a good idea to speak with a family law attorney to understand the process an your rights and options to be considered.

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

In Florida, if alimony is a factor in a divorce, with children, then alimony must first be determined in order to properly calculate the child support. Child support is based on the income of both parties and alimony is considered income to one spouse and a reduction of income to the other parent.
First, alimony is based on factors of the length of the marriage; the contribution to the marriage; the lifestyle of the parties during the marriage; and the supporting spouse's ability to pay.

Once alimony is determined the other factor for child support would be the time-sharing plan of the parties. Once that is done, the income of the spouses are put into the child support guidelines along with the time-sharing plan and a number for child support can then be calculated.

If you are going through a divorce with alimony an child support as factors, you should speak with a divorce lawyer to fully understand the process along with your rights and options.

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

Alimony can be used to help finish or get an education after a divorce is final. In Florida, alimony can be used as a rehabilitative form of support to help the needing spouse get a degree or certification to make it easier to qualify for a job.

In a divorce, rehabilitative alimony does not stop alimony on a permanent basis or lump sum alimony. Types of alimony include rehabilitative alimony, which may be for a short period of time (how long it takes to finish a degree) and then alimony for a longer period may be awarded a well. For example, there may be alimony of $2,000 per month for 3 years for education rehabilitation, then decrease to $1,000 per month for permanent alimony. The idea is that you are giving more initially to allow time for the other spouse to get a job where less alimony will be necessary to keep the standard of living up.

If you are going through a divorce it is good to understand your rights and options. When going through a divorce, you should speak with a divorce lawyer to better understand the process and the law.

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

Alimony in Florida does not have a calculation that can be used to determine the amount of alimony in a divorce. Florida law has been quiet on a fair amount for alimony, but has provided guidelines for the length of alimony. So, how is alimony calculated in Florida?
First, the length of the marriage is a determining factor for how long a spouse can collect alimony. Florida law states that a marriage of 17 years and more qualifies for permanent alimony. Under that length of marriage there may be qualifying reasons for permanent. Other forms of alimony are as follows: bridge the gap; lump sum; and rehabilitative.

The remaining factors in calculating alimony in Florida are as follows: the lifestyle of the marriage; the contribution of the spouse to marriage (i.e. Giving up schooling); the ability of the other suppose to pay; personal factors (i.e. Health issues). These are all used to determine how much alimony should be paid to the needing party. These factors are considered by the Judge and can also be used to help both parties reach an agreement at mediation.

In a divorce action it is important to understand your rights and options in regards to alimony. To nest understand the process you should speak with an experienced divorce lawyer.

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

Mental and physical illnesses are often prevalent issues in divorces. A divorce, even for two healthy and fit individuals can be stressful, so the impact is even greater on those that are not.

In Florida, you are required to attend mediation where your case may be settled without the need for a trial. Since mediation is an opportunity for you to have some control over the outcome of your case you want to be able to enter it at your best. If you suffer from any illness, whether emotional or physical, and you have medication, be certain to take your proper medications the night before and day of mediation so that you can feel your best during the proceedings.

Prior to mediation, be sure to talk to your attorney about any questions or concerns you may have. In addition, if you have a therapist or mental health counselor, you may want to schedule an appointment before mediation and for the day following since your stress levels will most likely be higher than usual that week. If you suffer from physical health issues it may be helpful to schedule an appointment with your doctor that week to make certain you have the correct medications and therapies set up in case you experience any exacerbation due to stress.

A divorce can be challenging to get through and it is important to keep your health up. It is also helpful to speak with an experienced lawyer to help walk you through the process so that you are not surprised by any new things.

When divorcing, dividing personal property and assets can be the most challenging part of any case. When going through a divorce it is important to remember not to sweat the small stuff because it can ruin a good agreement.

When going through a divorce it is important to remember that emotional decisions are not always the best or the best use of your time and money. Mediation is required in Florida divorces and you will have ample notice of when mediation will be. Prior to that time, it is a good idea to take stock of your personal items and what is important for you to keep. Try to think in terms of items that are important and hold value to you versus just wanting something to fight over when trying to equally divide the property.

Mediation is an opportunity to work through the issues of your case and hopefully reach an agreement. You don't want to be at the end of your mediation having resolved the hard issues of visitation/Time-sharing and alimony only to start fitting over a set of plates.

If you are going through a divorce it is often times helpful to get advice from a Florida divorce lawyer so that you better understand the legal process, your rights, and the Florida States and Case Law applicable to these legal matters.

Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Divorce papers, in the initial reading, can be scary and frustrating because a petition is designed to ask for everything but the kitchen sink. However, you can also file a petition of your own, asking for similar things, in the form of a counter-petition. In addition to your option of filing a counter-petition you MUST file an answer to the petition either admitting or denying each allegation within 20 days from when you were served.

When should you file a counter-petition? If your spouse has requested time-sharing or visitation and you want to be the majority time-sharing parent (I.e. Custody issue); if you qualify for alimony; if you want the marital home or other assets; etc.

If you have been served with divorce papers, you should speak with an experienced lawyer regarding your rights and options so that you fully protect yourself. Also, the attorney can help you better understand the process and how to proceed.

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

Pet visitation is often a request I get as a Jacksonville divorce lawyer. Often, clients come in asking what will happen with their pet in the divorce and whether they can have visitation. While pets do feel like a child to many people and families, the law has not really caught-up. Florida law indicates that property is to be equally divided and that if there are children that there be a parenting and time-sharing plan; however, Florida does not provide a separate law for family pets.
How can I have visitation with my pet if Florida law does not provide it? In a divorce you are required to attend mediation where you may be able to reach agreements regarding the divorce. If you reach an agreement regarding the pets, then you will want that agreement put into a partial order with the following information: where they will live; how often the other party will get to visit; and where the visitation will take place. Once both parties sign the agreement, then the order can be signed by the court and it is enforceable if one party fails to comply.
However, without an agreement in mediation the court may simply divide the property and the judge can determine which party to place the pets with. If you have questions regarding this matter you should speak with an experienced family law attorney.

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

Owning your own business when going through divorce in Florida can be challenging. If the business started during the marriage, then it is considered a marital asset and is subject to equal division to both parties. However, some businesses are dependent of a product while others are set-up on a service provided. A business valuation should be obtained by both the husband and wife, or if you can agree then one valuation may be acceptable.
A business valuation should be done to determine the actual value of the business from office furniture to actual profit or loss generated. If the business is built on product, then the value of the business should be manageable to determine because the product has value it produces. If the business is dependent on service, especially the service or talents of one spouse, then the value of the business is more challenging to assess because its product is a person and their productivity.
When fighting over a business it is important to understand how money is generated from the company an how it is spent by the company. You may find out that the business makes "x" and has to spend "y" in overhead, marketing and other expenses, which in turn leaves very little of actual income or "z" to the parties. Also, if the business has debt, you are also asking the court to divide that debt equally. If you and your spouse are divorcing and you own a business, then it is recommended that you speak with a lawyer for both the divorce and business issues that are involved.

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

Am I on the hook for an accident if my soon to be ex was driving our car? Florida law recognizes that assets such as cars and houses are jointly owned if purchased during the marriage and must be equitably divided. Though you do not have to be joint title holders of vehicles purchased during marriage, if you are both on the title then you are both on the hook for any accidents that occur in that vehicle. In Florida, an owner or owners of a vehicle are responsible for accidents that may occur while they or another, who has permission, is driving the car.
If you are divorcing and own jointly titled cars, then you may both agree to turn title over to the other on each commonly used vehicle. This should be done as you would normally shift or transfer title to a new owner. Also, you have to inform your insurance company of the transfer of title so that insurance is established separately, though you may remain on the same policy until the divorce is finalized.
If you are fighting over the vehicles, as they are considered marital property, then you will want to make certain that the final divorce papers give a provision for how long you both have to transfer title.
Florida divorces include all marital property (property purchased during the marriage) not only jointly titled property. By speaking with a ">lawyer who handles family law you may protect your rights and options.

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

Which parent should claim the children as dependents on their taxes when separated or divorced? Working as a lawyer in family law matters in Jacksonville, Florida, I get this question often. If there are children involved in a divorce, then typically one parent will be responsible for paying child support and one parent will have the children the majority of the time. In essence, both parents are responsible for the expenses created for the children, so determining which parent gets to claim the children on his/her taxes comes down to the facts surrounding the case.
If the divorce is finalized without a clause in the final order establishing which parent claims the children as a dependent on annual taxes, then typically the parent with the majority of time with the children will claim the children as dependents on the annual taxes. However, the parties can agree that they will alternate years of claiming the children as dependents on their annual taxes.
If the parents have equal time-sharing with the children, there may be a presumption created that they will alternate tax years. However, the presumption is not one that is legally binding if one parent chooses to claim the on taxes and files before the other. This may create an issue with the IRS and without the final order from the divorce specifically establishing the plan, then it may be the first filed will be honored.
If you are divorcing and have children, then make certain to address this issue with your ">attorney and the court. In a divorce order, you want to verify that there is a clause regarding the dependents being claimed so that there is no confusion or issues that arise with your ex-spouse or the IRS.

In Orloff v. Orloff, 36 Fla. L. Weekly D643a (Fla. 2d. DCA Mar. 30, 2011), th Second District Court of Appeal addressed the decision making process a court must complete when determining whether a spouse is entitled to received a share of a family business started before the marriage upon divorce.

Under Florida law, a non-marital business that is started prior to marriage will not become a marital asset subject to equitable distribution solely because of the fact that the business was later reincorporated during the marriage. However, any enhancement in value of the non-marital business since the date the parties married may be considered a marital asset, subject to equitable distribution if such enhancement was due to either party’s contribution of marital labor or marital funds.

In Orloff, the husband formed a sole proprietorship before the parties were married in the late 1980s. The business was incorporated in Massachusetts and the husband was the sole stockholder. Following the marriage and relocation to Florida, the husband reincorporated his business in Florida and continued to be the company’s only stockholder.

The trial court held that the business was a marital asset subject to equitable distribution because the business was reincorporated during the marriage. However, the Second District Court of Appeal reversed this decision and determined that the business was a non-marital asset because the husband used solely non-marital assets to form the company. The court explained that, pursuant to Section 61.075(6)(b)(1), Florida statutes, non-marital assets are “[a]ssets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.” According to the Orloff court, the mere fact that the business “was reincorporated under Florida law upon the parties’ relocation to Florida” was “not material” to the determination of whether the husband’s business was a marital asset subject to equitable distribution.

Continue reading "Can a Spouse Receive a Share of the Family Business? Important Florida Case Law and Analysis" »

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

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

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

Seeking an annulment in Florida requires your facts to match those prongs necessary in Florida annulment law, based on cases and not Statute. Annulments are difficult to get due to the fact that they dissolve the marriage as if it never occurred. Florida annulments require proving that the marriage was void due to certain circumstances such as bigamy or is voidable, for example that the marriage was entered into based on the fraud of another.

A marriage that is void can occur if one of the parties was married before and the divorce of those parties was never finalized. If the spouse then marries another, then that the new marriage is void and the parties were never legally married. No matter if the parties agree that the marriage is valid, in the eyes of the law there was never a marriage because bigamy is not a legal action. If this occurs, then the first marriage must be ended by a legal divorce and once finalized the new marriage can be conducted legally, but must be done again with a new marriage license.

A voidable marriage can occur under issues of fraud that were present prior to the marriage. For example, if one party tells the other that she or he has never been in prison for a violent crime and marries under that presumption, then later is exposed as a violent criminal. Once married, if the non-offending party learns the other spouse’s true identity, then she or he could file for annulment if and only if the marriage was not consummated after learning of that spouse’s true identity. Consummating the marriage after learning of the fraud reestablishes the marriage under the new facts and an annulment is not possible.

If you think you qualify for an annulment, you should get the assistance of a family law attorney to assist you since so much of the annulment law is based on cases and not statute. The process is different than filing for divorce so understanding your rights and options is important.

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

Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

1. Who will live in the marital home while the divorce is pending.
2. When children are involved, a temporary time-sharing plan (visitation).
3. Child support to be paid based on that [time-sharing plan] schedule.
4. Spousal support (determined based on the same provisions as general alimony, but sometimes it is more generous on the temporary basis since the separation is fresh and expenses are unknown).
5. Attorney fess and costs that were necessary for filing the divorce and getting representation. The idea is that if one party can afford an attorney, then the other party should have the same ability.
6. Any other items that need to be determined early so that the parties can make it from the filing to the final hearing.
7. 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.

The idea of providing for the parties during the divorce proceedings is to keep the parties on an even playing field. To better understand your rights and options regarding the issues above you should speak with an experienced divorce/family law attorney.

Bankruptcy filings in Jacksonville, Florida have increased since the recession began. For many people going through a divorce or having been divorced where alimony is a factor often wonder if the alimony obligation can be discharged in bankruptcy.

According to the bankruptcy laws, only certain items are dischargeable in an action for bankruptcy as outlined inUnited States Code, Title 11, Chapter 13. According to bankruptcy and Florida law, the outcome from a discharge of an alimony obligation may be detrimental to the receiving party, therefore the alimony cannot be discharged in the bankruptcy court.
In addition, the debt incurred by a spouse, ex-spouse or child through a divorce action cannot be discharged by the bankruptcy, according toSection 523(a)(15) of 11 U.S.C. Sec. 23 .

If you are unable to pay the alimony previously ordered by the Court, for reasons outside of your control, then you may file an action for Modification of Alimony with the Court. However, if your money has been depleted by your own, voluntary actions (i.e. gambling), then the alimony may not be modified to a reduced obligation.

These issues can be extremely complicated and obtaining a family law attorney would be beneficial.

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

Florida law requires equitable distribution of marital property in divorce cases. Furniture and items purchased or received during the marriage or anticipation of the marriage (wedding gifts: Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)) are considered marital property and subject to distribution. Equitable distribution is based on the value of the property and furniture. The idea is to give each party the same monetary value of property.

The difficulty with equitable distribution is determining the actual value of the furniture is questionable and often requires parties to get a valuation of the property. Valuations can be one by appraisers that specialize in valuing furnishings. If the parties do not agree on the furniture and personal property appraiser, then they may each hire their own and have that individual testify at the divorce hearing for the judge to determine the actual value of the property.

It is a good to speak with a divorce lawyer regarding your rights and options when going through a divorce. In addition, the divorce attorney can help walk you through the process and help to ascertain the best outcome for you in the proceedings.

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

If you are divorcing in Florida with assets purchased before marriage, Florida law recognizes them as premarital assets and those items typically remain with the person that brought them into the marriage. In Florida family law cases, clients often wonder which party will get the engagement ring.

The ring is considered a premarital gift and it remains with the wife upon the dissolution of the marriage as in Greenberg v. Greenberg, 698 S.2d 938 (Fla. App. 1997)). The value of the ring, given that it is premarital, does not go into the pot of the value of the couple's assets. The ring is not considered part of the assets that are equitably divided per Florida law regarding marital assets.

For those with an engagement ring that was a family heirloom, the same ruling applies because the ring is considered a premarital gift regardless of its origin. However, if you intend otherwise, then that premarital agreement should be put in writing to assure the return of the ring if that is the desire of both parties at the time the ring is given.

Disability benefits are not subject to equitable distribution. Generally future lump sum disability benefits are not considered a marital asset. However, they may be used to calculate income for purposes of alimony.

There is also some case law which states that there may be a marital component to a disability pension. To the extent that a disability pension does not represent actual compensation for a disability, it may be considered a marital asset. [Gaffney v. Gaffney, 965 So 2d 1217 (Fla 4th DCA 2007) (where the trial court made findings that the husband’s disability was not a factor in the amount of the monthly benefit he receives and the only effect of husband’s disability was that he was able to receive his retirement benefits two years early, despite its “disability pension” designation, the marital portion of husband’s pension was a marital asset subject to equitable distribution to the extent it does not represent actual compensation for disability).]

Continue reading "Are Disability Benefits a Marital Asset?" »

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

Alimony is a common factor in Florida divorce cases. Alimony or spousal support is determined using a number of statutory factors, including but not limited to the lifestyle of the parties during the marriage, the length of the marriage, the contribution of each spouse to the marriage, etc. Once alimony is determined, the Florida court awards that amount to the needing spouse and it is often in place until the end of time specified in the order. However, given certain circumstances, the alimony amount can be modified if there is substantial change in circumstance.

Florida Statute 61.14 provides for a modification of alimony or spousal support if certain factor are presented to the court and the threshold is met. Modifications in alimony can be a request by the needing party for an increase in support or the payor may request a decrease of the alimony amount. In order to establish a modification, the moving party must allege a substantial change in circumstance has occurred for the decrease or increase of spousal support to be changed. For example, if spousal support was awarded and the paying party discovers that the receiving party is cohabiting or residing with another person in a supportive manner.
Florida Statute 61.14 identifies a supportive relationship and provides actual provisions under which alimony may be terminated. These include, but are not limited to the following:

1. A supportive relationship exists between the party receiving alimony and the person s/he lives with.
2. In determining the degree of support, the court is allowed to find out the nature of the relationship between the alimony receiving party and the person with whom their is a supportive relationship (spouse, girl/boyfriend, friend, family member, etc.).
3. The relationship can be determined by how the two individuals hold themselves out in society, but still does not recognize common law marriage.

There are other factors used in determining a change in alimony or spousal support and it is best to speak with a qualified family law attorney regarding such issues before proceeding.

Continue reading "In Florida, When Can Alimony Be Modified or Changed?" »

Five years after the Mogul Pop Star married music executive Jordan Bratman, Christina Aguilera settled her divorce on Valentine's Day of all days. After all, five years is a long time to be married anyway and what could be a more romantic present for her new beau Matt Rutler. It's been reported that Christina, Jordan, and Matt have been living in the same house until recently. The thought of that doesn't exactly conjure up a light-hearted "Three's Company" episode. However, things are looking up for the recently troubled starlet as this marriage winds down and Jordan finally moves out.

Christina and soon to be ex-husband Jordan have a three year old child together. According to the agreement they will be sharing custody of the child. The couple had a prenuptial agreement and although the exact settlement terms have not been reported, Jordan is rumored to be getting a little something above and beyond what the prenup called for.

Prenuptial agreements in Florida are valid documents that hold a lot of weight when things don't last. It's important to have an experienced attorney draft the terms if you want to avoid some of the common pitfalls that can arise. There are also certain things that you cannot do in a Florida prenuptial agreement. The best thing about a prenup is it avoids lengthy divorce litigation.

As in Christina Aguilera's divorce, the tough stuff is finished, the couple need only wait until April 15, 2011 when they will both be legally single under California law. There was no lengthy legal battle with an uncertain ending as in the highly publicized Kelsey Grammer divorce. Prenups are a great way to avoid litigation in which you may spend much a lot of the money each spouse might have otherwise walked away with.

Continue reading "Christina Aguilera Settles Her Divorce, You Can Too With A Florida Prenup" »

One concern a lot of my clients have is how to protect their business in the event they get divorced from their spouse. Under Florida law, a business acquired during the marriage is marital property and should not be distributed to only one party.

The first thing the court must do is identify the asset as a marital asset. This was held in the decision of Esposito v. Esposito, 651 So 2d 1248 (Fla 2d DCA 1995). It doesn't make sense though that the parties should be left running the business together after the divorce is finalized. Therefore, the court must value the business asset and then determine the distribution to the spouses.

Once the court makes the determination of what portion of the business is marital it can then determine the value. The valuation of the business as a marital asset must be determined through the presentation of competent substantial evidence to the court. After this value is determined the court will distribute the interests according to the principles of equitable distribution. This may include setoffs among other assets of the marriage or forms of alimony to compensate for one spouse's distribution without disturbing the business.

Continue reading "Businesses In Florida Divorce" »

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

Florida divorce cases involving children, child support cases and paternity cases often provide for support of the children based on Florida Child Support Guidelines in Florida Statute 61.30. However, the guidelines do not address medical expenses regarding the children, except for health insurance coverage purposes. So, how does Florida divide the parental financial responsibility for uncovered medical expenses for the children?

Often, agreements reached by the parties will include language that the parties are required to equally split the uncovered medical bills. These issues recently came up in the Florida 2nd District Court of Appeals, which ruled that uncovered medical expenses should be divided in relation to each parents percentage of income, as in the child support guidelines. Zinovoy v. Zinovy, 36 FLW D34 (Fla. 2nd DCA, December 29, 2010).

So, what does this mean? Florida child support is based on the overall income of the parents. Basically, if each parent makes $5,000 per month, then the overall monthly household income is $10,000 and each parent is 50% responsibility for that amount. So, their children's uncovered medical expenses would be divided 50/50. If one parent makes $4,000 per month and the other makes $6,000 per month, then the uncovered medical expenses would be divided 40/60. This helps maintain a fair balance based on the incomes of the parents.

Continue reading "How Are Uncovered Medical Expenses Divided in Florida Cases Invovling Children" »

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

If you live and Florida and have filed for divorce and now have an agreement regarding the dissolution of marriage, then you may be attending a final hearing on the Consent Final Judgment. If you have reached an agreement that has been finalized in writing, then the next step is for one party to attend a final hearing. A final hearing requires testimony, but it is limited to the following:

Testimony and proof to the court that you were a resident of Florida for at least six (6) months before the filing of the divorce. In order to show the court that you have met the residency requirement, you must provide proof of residency with a Florida driver’s license, Florida voter registration card, etc. This allows the Judge to know that you have met the residency requirement per Florida Statute 61.021.

Testimony must be given to the Court that the marriage is irretrievably broken. You may be asked to explain why and a simple answer can be provided, such as, “We no longer love one another.” The Judge does not need to have full details for reason you are seeking a divorce.

If there are children born or expected of the marriage or the testifying party denies that the marriage is irretrievably broken, then the Court may do the following:

a) Order one or both parties to attend counseling
b) Continue the divorce proceedings for a reasonable period of time, often three (3) months.
c) Other action found reasonable and in the best interest of the children

The only thing left to testify to is whether you have actually reached an agreement and that the order presented to the Court formalizes the agreement in writing. You may be asked whether it properly lays out alimony, child support, timesharing and parenting plans, and distribution of marital property. Also, you must testify that the signatures on the agreement are yours and the other party’s.

Maybe I was the only one who wasn't aware that Charlie Sheen was still married while listening to recent accounts of his exploits with a house full of porn stars and a pile of cocaine that sent him into rehab last month. Then again, this is Florida and that's California....I guess things are a little different in Jacksonville. California law says that a married couple cannot get divorced until at least six months after the divorce papers were filed. In other states the wait is longer. Nevertheless, Charlie Sheen's divorce from Brooke Mueller is final.

According to news reports, Charlie Sheen will have to pay his ex $55,000 per month in child support and $750,000 in lump sum alimony. It is also reported that they will share custody of their twin sons who will be two years old next month. The couple had signed a prenuptial agreement prior to getting married. That is a good thing for Charlie Sheen who is reportedly the highest paid actor on television and makes upwards of one million dollars per episode acting on the popular show "Two And A Half Men". Under California law, his wife would have been entitled to half of anything he made while they were married. Thanks to his prenuptial agreement she will only get a small portion of those earnings.

Continue reading "Charlie Sheen's Divorce Finalized?" »

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

requirements before filing are that at least one party must be a resident of Florida for at least six (6) months prior to filing a petition and that the marriage is irretrievably broken.

If the marriage is not irretrievably broken, meaning that there is a chance you may get back together, then the Court may require you attend counseling and postpone the divorce proceedings for a reasonable period of time, often three (3) months.
If the Court orders marital counseling or counseling for one of the parties, then the petition is not thrown out, but is put on hold for the time established by the Court.

If you go to counseling for less than the time ordered by the Court and know that you would like to proceed with the divorce, then you may speak with your lawyer about filing a Motion with the Court to allow the divorce to continue.

If you are able to amicably resolve the divorce issues and reach an agreement prior to the trial, then you or your spouse will have to testify that the marriage is irretrievably broken. If that fact is denied to the Judge, then you may be ordered back to marital counseling. However, if the testimony to the court is that the marriage is broken irretrievably, then the Court will most likely enter the agreement as an order of divorce.

Continue reading "In a Florida Divorce, Is Counseling Required?" »

Florida paternity and divorce cases involving children require child support to be calculated. Child support is based on the income of both parties and in order to establish that the Court does not simply accept testimony. So, how do parties actually provide proof of their individual incomes?

Florida divorces are ruled by Florida Family Law Rules of Procedure, which requires that both parties file a financial affidavit. A financial affidavit details the monthly expenses of the individuals including their income and expenses. In addition to personal expenses, the financial affidavit requires the children’s expenses be calculated as well. That way the court knows which parent is paying for childcare and the child’s health insurance, which all goes into the child support calculation. Since it is an affidavit, the parties must sign and have the affidavit notarized.

In addition to the financial affidavit, the parties are required to provide documentation outlined in Mandatory Disclosure, also detailed in the Florida Rules of Family Procedure. Some of the documents required are the following:

a) At least three (3) months of bank statements for all accounts held individually and jointly. Joint accounts are any accounts with the party’s name on them, including those held for elderly family members.
b) At least three (3) months of paycheck stubs. If you are paid hourly and work overtime, it is a good idea to provide as many months as possible.
c) Any and all loan applications filled out by the individual or done as a cosigner. This documentation often has questions related to your income and allows the Court to see what type of loans you may have outstanding.

All of these items help establish the actual income of each party and what the children’s needs are. Child support is based on the combined income of the parties and what each individual’s percentage of contribution is to that combined amount.

Continue reading "Florida Child Support Cases Require Filing a Financial Affidavit and Complying with Mandatory Disclosure Documents" »

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

As a Jacksonville, Florida family law attorney, I represent clients in paternity, child support and divorce cases. Payment of obligations for child support and alimony seem to weigh on both parties because one needs the support and the other wants to make certain payments are made on time so there are no future actions for lack of payment. The answer is that Florida does allow income deduction orders to be entered against the party responsible for payment, which means that wages can be garnished for the support. Income deduction is an easy way for the obligor to pay the money owed and it allows the money to be direct deposited into the proper account. In addition, it allows for proper accounting of all monies paid so that accusations of nonpayment can be properly defended.
According to Florida Statute 61.103, an income deduction order can be entered in connection with an order that establishes the support obligation for child support or alimony. The income deduction order must state that an order for the obligation has been entered by the court and it must include the date the order was entered, the court that entered the order (i.e.

Jacksonville is the Fourth Judicial Circuit) and it must provide the court number associated with the original order.
Once the income deduction order is entered, the court must furnish the obligor with a statement rights and remedies associated therewith and provide details of the fees associated with the deduction, the amount to be deducted, that notice will be given to the obligor's employer and that subsequent employers must be notified by the obligor, and other factors related to Title IV-D cases.
Income deduction orders can be a good tool used by both parties in a divorce, paternity or child support case because it helps protect the interests of both parties. and

Continue reading "Florida Allows Income Deduction for Child Support and Alimony Obligations from Paternity and Divorce Actions" »

Who gets the home in a Florida Divorce? This a common question in most of my clients' cases. The answer is not that simple. The Court usually begins with the premise that the division of the home should be equal. Understandably, this raises a number of additional questions: How do we divide the house?; Do we sell it?; Who gets to live in the home if we can't sell it or do not want to sell it?; and What if we can't afford two separate households?

If there are minor children of the marriage the Court has to take into consideration who the children will be living with. The Court must consider whether it is in the best interests of the minor child for the parent with majority timesharing to remain in the marital home. Generally, absent compelling financial circumstances, the parent with the majority timesharing will retain the use and possession of the marital home until the minor child or children reaches majority or the parent remarries.

Continue reading "Florida Divorce: Who Gets The House?" »

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

Filing for divorce in Florida? Florida Statute 61.052 lays the ground work for filing for divorce in Florida. First, you must qualify by being a resident of Florida for at least six (6) months before filing a petition, then you must meet the requirements for a divorce to be granted.

In order to start a divorce, one party must file a petition for dissolution of marriage, which should allege the following: that the marriage is irretrievably broken or one spouse was adjudged mentally incapacitated at least three (3) years preceding the petition; whether there were children born, adopted or expected from the marriage; request for alimony; request child support; request for timesharing/parent plan; equitable distribution of marital assets and debts or unequal if there is a legitimate basis for the request (depletion of marital assets by one party); and any additional requests that may be sought.

The party that is served with the petition must file an answer to the petition within 20 days of the date of service. That party may also file a counter-petition requesting the same or similar things as those pled in the initial petition. If a counter-petition is filed, then an answer must also be filed to that petition within 20 days. Once everything is filed, then you can move on with the divorce by asking for a trial date.

During the time between filing a petition and before trial, there is a period of discovery, where both sides must provide documentation of their assets and debts along with a financial affidavit. There is a timeframe for all of the proper documentation to be provided to the other side.

Prior to attending a final hearing, the judge will require that you attend mediation to possibly settle the case before trial. Mediation is a chance for a neutral third party to assist both sides in working through some of the issues and hopefully settle their case without a trial.

Continue reading "Requirements for Filing for Divorce in Florida" »

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

In Florida, to file for divorce, you must reside in the State for at least six (6) months prior to filing a petition with the court. The Florida residency requirement only requires one of the parties to have residence in Florida, to file here and actions can be brought against a party that resides outside of Florida.
An example would be if you and your spouse live in New York and decide to separate and during the separation you move to Florida for at least six (6) months, then you can file for divorce in Florida though your spouse still resides in New York. Typically, if there is an issue with children, the matters involving the children will be in the court where the children physically reside. However, the actual divorce, equitable distribution of assets, etc. can be decided by a Florida court.
The easiest method of proving your residence is by showing the Court a Florida drivers license. If you do not have one or it was not issued six months prior to your filing for divorce, then you can use the following: lease agreement that signed and dated; utility bill, in your name; or anything that may show the court that you have actually resided in Florida for six (6) months. If you do not have one of those available, then you may have a signed affidavit by someone that can attest that you have lived in Florida for the required time.

Continue reading "Florida Residency Requirement for Filing Divorce" »

Florida Statute 61.079 governs premarital agreements in Florida.The definition of a premarital agreement per the statute is "an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage". The agreement must be in writing and signed by both parties and is enforceable with no other consideration than the marriage itself.

The parties to a premarital agreement can contract with respect to property and its disposition, spousal support, the making of a will or trust to carry out the agreement, benefits from life insurance policies, the choice of law governing the agreement, and any other rights not in violation of law or public policy. Premarital agreements can be amended after the marriage with the consent of both parties.

Whether you need a premarital agreement in Florida is a personal decision. There is no right or wrong answer to the question posed in this article. However, you should take a careful look at your particular situation to decide if you need one. Some factors to consider are:
1) Disparity in income between the parties,
2) Whether one spouse has a number of family heirlooms that are valuable or a prior inheritance,
3) Prior marriages and debts,
4) Whether you are getting married for love or necessity (ie. unplanned pregnancy or immigration issue),
5) Extensive premarital assets including retirement benefits, or
6) One spouse owns a business and doesn't want to risk the other spouse getting an interest in a divorce.

Failing to plan in any of the above scenarios could cost you a bundle should you go your separate ways.

Continue reading "Do I Need A Prenuptial Agreement In A Florida Divorce?" »

Written By: Lenorae C. Atter, Attorney

In Florida divorce, paternity, modification or other family law cases involving children, if the parents cannot agree on a parenting and time-sharing plan, then the Court may order a social investigation per Florida Statute 61.20.

A social investigation can be a helpful tool in deciding where the children will reside the majority of the time. When the court orders a social investigation, then the court may appoint the individual handling the investigation by the court's own preference or by agreement of the parties. When the investigation is ordered by the court, the investigator is required to be a qualified staff of the court; an agency that works in child placement and licensed under Florida Statute 409.175; a licensed psychologist; or a licensed clinical social worker, marriage and family counselor, or mental health therapist.

Once the investigator is appointed, the parties and children will attend sessions with the individual and a final report with recommendations for a parenting and time-sharing plan will be provided to the parties and to the court. While the investigation is helpful and often relied upon, it is not a final statement of what will be ordered by the court. The parties can still discuss the parenting and time-sharing plan and may agree on terms that were not necessarily recommended in the report. The court may also review the report and deviate from the recommendations if the parties are still not able to reach an agreement. What the report does provide is a detailed analysis of the situation so that the court can ultimately rule in the best interest of the children, which is the standard in Florida for determining issues involving children.

Continue reading "A Social Investigation for a Parenting and Time-Sharing Plan is a Helpful Tool in Florida Divorce, Paternity and Modification Cases" »

Jacksonville, Florida is in the Fourth Judicial Circuit of courts, prior to the 2007 legislative change from visitation to time-sharing, there was a standard visitation guidelines established by the court. Since time-sharing is a new concept for many people in Florida, the idea of the old “standard visitation schedule” seems to be used frequently in establishing a time-sharing plan. Because such schedules were developed by the court, each circuit court of Florida that used one had something different than the other. The difficulty I see with this issue is that often one parent will do research, find a schedule for visitation and try to apply it without court action. I often have clients call and ask me what “standard visitation,” is because the other parent told them that is what they have to do. Since there are different versions out there, often times my client does not know which one the other parent is even using. The legislative change to establish a time-sharing plan is designed to assist in this issue.

First, the Fourth Judicial Circuit visitation guidelines basically provided the minimum amount of visitation for the non-residential parent. According to this circuit, again each had their own standard; the non-residential parent received the following:
One day per week from after school got out until 8 p.m. one night per week, typically Wednesday; alternating weekends; alternating Thanksgiving from the day school got out until the day before returning to school; alternating Christmas break with one year from the day school got out until Christmas day at 3:00 p.m. and the next from 3:00 p.m. Christmas day through the day before school started; one-half summer and the other parent received alternating weekends; Mother’s Day with mom and Father’s day with dad; alternating birthdays; and other provisions.

If the standard visitation schedule was not working, often parents did not know what else to do because this was the court order and that is what they were going to follow. A time-sharing plan can still use these same ideas; however, it is designed to think through matters more intently so that parents can actually have time with the children greater than a minimum amount. Furthermore, some families celebrate different holidays than those accounted for in the above schedule, so the time-sharing plan takes those factors into consideration. The other thing that a time-sharing plan can assist with is developing a schedule that accommodates the parents and children since they often have more activities the older they get.

In dealing with any matter regarding children, the first step is to determine what the children’s needs are and go from there. Establishing a plan that makes sense on paper does not mean that it is going to be the right schedule in practice. Life is filled with the unexpected and having two households means that the unexpected can happen twice as often. Working through a time-sharing plan allows the parties to think through real issues before going in front of a judge and the plan can often be tweaked by agreement of the parties. In addition, it is an option to place in the plan that if the parties cannot agree on changes, then they will first go to mediation before filing for a modification of time-sharing with the court. This gives an opportunity for the parents to work through their disagreement with a neutral third party and hopefully, ultimately agree on a plan that will work.

It is not a good idea to inform the other party that you are making them go to guideline visitation because they will not understand and will not know to which set of guidelines you are referring. If you provide the parent with the guidelines that you wish to use, then allow him or her time to look over them and decide if they are agreeable. If you both have lawyers, then have yours provide your proposal to the other attorney. This can help in reaching the right time-sharing plan for both parties.

Continue reading "Florida Visitation Guidelines and Time-Sharing Plan" »

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

In Florida, Time-Sharing Plans have replaced the normal visitation schedules previously enforced by the courts. A Time-Sharing Plan is used in Florida divorce and paternity cases in order to assist the parents in scheduling visitation with their children. Visitation schedules, in the past, often provided for visits at times that were not practical for the children or parents. The idea of a Time-Sharing plan assists the parties in keeping the children first in developing the schedule.

In order to prepare a Time-Sharing Plan, often parents use the children's school, events, sports and camping calendars to assist in an accurate schedule throughout the year. Instead of simply saying each parent will have every-other-weekend and half the summer, it actually allows the parties to establish a schedule that can be used year round. In addition, it allows the party that does not have the majority of the time with the children, to spend more time with the kids as it fits into their schedules.

Developing a useable Time-Sharing Plan can be challenging and negotiating is often necessary to reach the best outcome. Understanding your options and knowing there are tools to accomplish a goal of proper visitation time with your children is helpful in reaching the best outcome. The challenge may best be met with the assistance of a lawyer who is experienced in handling such issues because s/he may be able to guide you along the way.

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

In Jacksonville, Florida family law matters, such as divorce, paternity actions, timesharing, and child support must go to mediation before a trial can be conducted. Mediation is a court ordered process that allows parties to reach an agreement, with the help of a neutral third party, without having all issues decided by a judge.

Typically, when a family law case begins a petition for the action is filed with the court. Once the opposing party files an answer the case is then brought to court for the judge to determine a trial date and order the parties to mediation. A mediation, which is a neutral third party trained in mediating (assisting parties to reach an agreement) is ordered by the court and typically the parties will agree on who will be the mediator. If the parties cannot agree on the mediator, then the Judge will assign one to the case.

Mediation is a good tool because it keeps the decision-making on the parties and their attorneys. The parties have more control over the outcome if they can reach an agreement on the issues. If all issues cannot be decided upon, but some can, then there can be a partial settlement and the remaining issues can be heard at trial for the Judge to make the ultimate decision.

When attending mediation, it is a good idea to keep an open mind and know that negotiations are a give and take. In family law issues, emotions often run high and it is difficult to make a business decision with such emotions. If you can, it is good to have an attorney with you because your attorney can help you better process the information and make a sound decision.

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

Florida child support that has been ordered but gone unpaid may be collected through a Motion for Contempt or by the Department of Revenue's Child Support Enforcement. A court order is enforceable, so if you have not received child support payments, you may want to look into both a private action of a Motion for Contempt and the State's assistant with enforcement.

A Motion for Contempt may be brought by the parent that should be receiving child support that was previously court ordered. The action requires the party responsible for paying support to show to the court why s/he is not paying. If the obligor (the one owing support) cannot show good cause for nonpayment and cannot present the court with a financial solution to the support presently owed and the amount owed for past support, then that parent may be held in contempt. One result for being held in contempt may be jail time, with an amount for release set at what is owed in support. The action may also lead to a financial solution that requires child support, plus back support to be paid.

If Child Support Enforcement (CSE) is aware of the arrears owed, because the money was owed through the State Depository, then CSE may get the obligor's driver license suspended, keep any tax refund going to that parent, freeze that parent's bank accounts, petition the court for jail time, etc. Florida has an interest in getting support for children because otherwise that child may be on State support. Therefore, the State is quite active in enforcing support obligations.

When such issues arise, it is a good idea to speak with an attorney that can guide you through the process and further explain your options.

In Florida, going through a divorce involving children can be difficult on the parents and children alike. In determining where the children are going to live, often the parents have to put their wants and wishes to the side and consider the best place for the child. If the parents are unable to agree, then a Social Investigation may be necessary to determine the time-sharing (custody/visitation) and parenting plan to be used once the divorce is final. This is a helpful tool because it takes the arguing away from the parents and places it with a neutral third party, therefore, protecting the kids from a fight.
A Social Investigation in a divorce, is typically done by a non-related, neutral third party that is familiar with such situations and can determine the best time-sharing (visitation) schedule and parenting plan for the children. Sometimes these investigations are done by a licensed psychologist or mental health therapist. The individual chosen, generally agreed upon by both spouses, actually speaks with the mother, father and children to find out what the relationships and the structure of the home are like.
The evaluation is designed to help the Judge assess the family situation and what is in the best interest of the children. It is a helpful tool because it takes the fight away from the parties and places the matters in a professional's hands.

In a marriage, cars are normally titled in the husband and wife's names. In Florida, if you cause an accident, then you are responsible for any damages that result. However, if your spouse is on the car, then s/he is also responsible for any damages that result because you are both owners of the vehicle. So, if you get a divorce in Florida and you go through the equitable distribution of assets, meaning that you both take equal shares of your assets, property, etc. and one car goes to you and the other to your (ex)spouse, it does not change the fact that you are responsible if s/he gets in an accident.
If you take one car and your (ex)spouse takes the other, then make certain to get titles switched into your individual names. You would actually need to do a transfer of title and get it registered with the State of Florida. Once that is done, you also want to get the vehicle insurance changed.
Vehicles are not the only property that has title. If you are going through a divorce, you should consult with an experienced family law/divorce attorney. A Florida lawyer can help you understand your rights and how to best move forward with property division including your home, bank accounts, retirement and, of course, vehicles.

Alimony or spousal support, in Florida, is determined by the set of facts surrounding the divorce, not a calculation like you have in Florida child support cases. Unlike Child Support, the determination is not based on a statutory guidelines that says x +y = z, instead factors of the marriage are used to determine what “z” will be. Some factors used to determine whether there is alimony to be awarded and how much that alimony will be are as follows:
How long was the marriage? If the marriage was 0 – 7 years, then that is considered a short-term marriage, 7 – 16 years that is a moderate-term marriage and 17 or more is a long-term marriage.
What was the standard of living during the marriage? If both parties worked and made relatively equal money, then there will be no alimony. If one spouse worked and the other did not, then alimony will most likely be awarded.
How much will be awarded? This is the most difficult thing for the court to determine because it brings into consideration the above factors and looks at what is available to each party regarding finances, assets, property, etc. Basically, a lifestyle cost analysis has to be completed to see what is available and needed by each party.
If you are going through a divorce and feel that alimony is a factor, you should speak with an experienced divorce attorney to find out what factors will be considered in your case.

Florida divorces are ruled by statute that divides marital property equally. Obviously a home has to either be taken by one party or sold. However, if there is equity in the property, then the decision on who takes the home or if it is sold becomes more difficult because both parties are entitled to 50% of the equity. When going through a divorce where there is a marital home that has equity, some of your options are as follows:
First, selling the home may be the easiest and cleanest way out. If the home can be sold, which today’s market is hard to determine, then the equity would be determined based on the selling price minus closing costs, the remaining amount to be divided equally by the parties.
Second, one party can stay in the home and sell it in a set time to then split the equity. An appraisal should be done at the time of the decision so that an accounting of the present market value and present equity can be determined. A decision must then be made as to who will pay the closing costs and associated taxes. In addition, the person that stays in the home and pays the mortgage, if done without the assistance of the other, should get credit for said payments. So, if the equity would be $10 and one spouse has paid $2 towards the home, then the equity would be $8 to be split equally. There are some other provisions that should be considered including improvements, large repairs, etc.
Third, if one party would like to stay in the home and there is presently equity in it, then an appraisal can be done and the spouse keeping the home could agree to paying a lump sum figure to the party leaving the home. For instance, the party staying in the home could agree to buy-out the other’s interest in the home. This is a clean departure for both parties because it divides the home equitably and leaves no issues to be determined at a later date.
These are small examples of your options, if you are going through a divorce and have a home, it is important to review all of your options and determine your position. In order to better understand all of your options, it is a good idea to speak with an experienced attorney to walk you through the process.

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

Dividing your property when going through a Florida divorce can be challenging because there is marital property and nonmarital property and marital property gets divided equally, Florida Statute 61.075(5)(a)(2). Determining what is marital property and nonmartial property has been a challenge, even for the courts. If you buy a home before the marriage, then technically, it is nonmarital. However, the Florida Supreme Court recently came out with an opinion stating that a nonmarital home, that was under a mortgage during the marriage and now has equity, can be a marital asset. The court laid out the following guidelines for determining whether the home’s equity is marital or not, most of which will be determined through the divorce proceeding:
First, the fair market value of the home must be decided. Basically, what is the home worth in today’s market? Both parties will want appraisals done and sometimes can reach an agreement on this figure.
Second, the court has to decide whether here has been passive appreciation. The court has to determine if the home has gained value because of changes to the market. In today’s market that is probably not the case, but it depends on when the home was purchased.
Third, once a passive appreciation is determined, it must be decided whether that appreciation is marital or nonmarital for purposes of division. In order to show that it is marital, then there has to be proof that marital funds were used to pay for the home. There also has to be a determination as to how much those contributions raised the value of the home.
Fourth, the court must determine what portion of the passive appreciation occurred during the marriage. And finally, fifth, the court must determine how to best divide and allocate the passive appreciation as determined under equitable distribution.
In order to best understand your rights, what should be divided and how, it is best to speak with a Florida divorce attorney.

A divorce in Florida can be difficult for both parties. Florida recognizes marital property and debts as jointly owned, regardless which name it is titled in. When couples go through a divorce, the property is to be equitably divided, which can be challenging for the parties because there is uncertainty with where things will go at the end of the process.
What is considered marital? While there are some hiccups in determining this, there are some basic rules to understanding the process. First, marital property is property that was purchased since the date of your marriage. If you were married January 1, 2011 and you purchased a home one January 2, 2011, then that home is marital. Marital assets are the same and include your car(s), boat(s), bank accounts, etc. The court does not care in whose name such things were purchased, simply the date of the purchase. Marital debts are the same and can range from student loans to mortgages.
So, what is nonmarital? Basically, if you purchased something prior to the marriage, it’s yours once the marriage is over. Again, the rule is the date of the marriage and what was purchased, signed for or guaranteed prior to the date of marriage is considered nonmarital.
There, are of course, some rules that go against this idea. An engagement ring typically belongs to the purchaser, not the receiver. Also, a home purchased prior to the marriage, but paid for during the marriage (long-term mortgage) or had improvements made during the marriage, may be considered marital and the equity in it may be divided. In order to better understand your situation, it is best to speak with a Florida divorce attorney to walk you through the process.

In a Jacksonville there is no way to figure out exactly how much time a divorce will take. There are too many variables involved to give a broad estimate. However, a Florida Family Law Attorney can take a look at your situation and give you a better idea based on the facts of your case.

I would estimate that an average divorce with no seriously contested issues will take about 6 months. However, once a divorce is contested it can last for years. Most cases settle after mediation, which is required in Florida divorces at this point, and never go to trial. It's a good idea to have an idea of what your goals are before you meet with an attorney. This will help you pick the type of attorney you want to hire and gauge their personality at your initial consult. Some attorneys are extremely litigious for no apparent reason. Other attorneys are too timid and may let you get pushed around. Make sure your attorney is the right fit for you. Either way, make sure they have common sense and will not cause you unnecessary litigation that will increase your legal bills.

Once you have the right attorney you still have to worry about the other party and their attorney. This is the hard part. You and your attorney can control your side of the litigation, but you can't control the other side. Once again this can lead to excessive costs and legal fees for unnecessary litigation. There are some remedies for this type of behavior in the way of reimbursed attorneys fees and sanctions, but it's easier to avoid this if possible.

Any way you look at it, divorce is not easy. Do your homework before you meet with an attorney, have a game plan in mind, and try to divorce yourself from your emotions when making decisions regarding your case. This will help you make sensible decisions that will ultimately make your life easier once the divorce is over.

Continue reading "How Long Can I Expect A Florida Divorce To Take?" »

Joe Francis, the infamous founder of the "Girls Gone Wild" brand, has announced his split to long-time girlfriend and wife (well not exactly), Christina McLarty, after seven short weeks of marriage. He released the following statement to Us Weekly:

"After careful and thoughtful consideration on both our parts, Christina and I have mutually decided to end our relationship. We entered into our relationship with love and it's with love and kindness that we leave it. We wish each other the best for the future."

The couple was married in November of 2010 after four years together. However, it is not through divorce that the couple will be ending their relationship. "There was no divorce and there will be no divorce because the couple was never legally married," a publicist for Francis told RadarOnline."

The catch is that the two were married during a lavish ceremony in Mexico where the civil ceremony has no legal effect in the United States. Since they never got a marriage license in the United States their marriage in Mexico is not legally recognized. This is one of the details that couples who plan on being married under the laws of the United States must pay close attention to if they want to benefit from the legal benefits of being married.

Of course, if you're looking for a quick marriage, this may be the safest route.

Continue reading ""Girls Gone Wild" Founder Ends Seven Week Marriage" »

On November 4, 2010 a federal bankruptcy judge in West Virginia ruled that the obligation to pay a former spouse a debt under a divorce decree was dischargeable. In this case the former husband, who later filed for bankruptcy, owed the former wife money for her share of the equity in the marital home, attorney's fees from the dissolution action, costs from the same action, and money owed on a credit card account. The former husband sought to have these debts discharged in a subsequent bankruptcy.

Typically support obligations arising out of a family law case are not dischargeable.

Under 11 U.S.C. sec. 523(a)(5), "[a] discharge under section . . . 1328(b) of this title does not discharge an individual debtor from any debt . . . (5) for a domestic support obligation." The term "domestic support obligation" is defined in the Bankruptcy Code.

In this particular case the Court found that although the debts met three of the four elements under the definition of "domestic support obligations" under the Bankruptcy Code, they did not all meet the fourth requirement that the obligation be in the nature of alimony, maintenance, or support.

Continue reading "Debt Related To Divorce Decree Is Dischargeable" »

In recent news it has been reported that actor Kelsey Grammer is getting divorced from his wife of thirteen years, Camille. A recent development in the case is that the actor has requested a bifurcation of the trial proceedings so he can finalize the divorce as soon as possible and marry his current fiance' Kayte Walsh. It is reported that Kelsey Grammer did not have a prenuptial agreement with his current wife and will probably have to pay her at least $50 million as part of the settlement. The couple spent their marriage in California which is a community property state. This means that the money the couple earned while they were married is to be split evenly. Apparently they earned somewhere in the neighborhood of $100 million dollars during the marriage from his acting career, multiple property deals, and other unknown sources. That money is subject to division according to California's divorce laws.

I have had cases where clients will do the same thing in a Florida divorce. Often times it is for the same reason. I'm usually surprised that someone going through an expensive and litigious divorce would be willing to move so quickly into another marriage. The court, in these types of cases, will maintain jurisdiction to decide the property and support issues after the divorce is finalized. The purpose of the bifurcation is to separate the action into two separate cases so that one may be resolved quicker than the other. Often times there is no dispute that the couple wants the divorce. The more complex issue is who is entitled to what property.

Continue reading "Bifurcation In Florida Divorce Proceedings" »

In an op-ed piece in the New York Times, economic researcher Justin Wolfers says that recent media accounts of how the economy has reduced both marriage and divorce rates is misleading, and that both are pretty much on the same track they have been on the past 30 years.

Noting that marriage and divorce rates have remained “remarkably immune” to the ebb and flow of business cycles, Wolfers said it is misleading to count marriages among people in their 20s and early 30s because the average age of marriage has been increasing since 1970 – it is now 28 for men and 26 for women.

Instead, he says, we need to look at the number of marriage certificates issued to gauge whether or not marriage and divorce rates are decreasing during the recession. For 2009, there were about 2.1 million of them issued in the U.S. – a slight decline since the recession began, but the same rate of decline that has existed for the last three decades.

What has changed most about marriage, says Wolfers, is that it is now based on shared passions instead of economic benefits. Because of easy access to all the perks of modern living – prepared foods, labor-saving technologies and even inexpensive clothing – men and women rely on each other less for the traditional roles of man in the marketplace and woman in the home.

If you are about to get a divorce or care about someone who is, there are some ways to make it less expensive that should be greatly appreciated in these trying economic times. Here are some tips on how to save money in a divorce:

Try to work out as much as possible in advance. The more you can agree on prior to involving attorneys, the cheaper it will be for both of you. Try to work out the division of assets and child custody issues so you only need to use your divorce lawyers for the legal stuff. Using your attorneys to argue with each other over who gets what piece of furniture and how you’ll handle holidays is a sure way to run up your legal bills in a hurry.

Get smart on your assets and liabilities. Engage a financial planner to help you make smart economic decisions for your future. Know exactly what and where your assets are, as well as the liabilities that each of you will be responsible for. Use the planner to help you figure out a fair approach to retirement account splits, alimony, etc.

Remember the “law” in “lawyer”. Feeling really upset and want to have a long talk with someone about divorce emotions? Talk to your therapist. Have a financial question? Talk to your planner. Use the lawyers for your legal needs and you’ll save yourself money.

Also, if you are contacting your attorney to find out minor details, like if paperwork has been received or filed, ask your lawyer’s assistant instead of asking to speak with your attorney. Those minutes add up to billable hours. You can also save by making copies of all your paperwork yourself instead of handing it all over to your attorney for copying.

Bitter Twitters and Facebook fits are becoming increasingly more common during bitter divorce and child custody disputes, and the idea of social media non-disclosure agreements between warring spouses is beginning to gain traction among divorce attorneys, according to a recent article in Canada’s National Post.

The Post interviewed celebrity divorce attorney Gloria Allred, who noted that the fact cyber-based non-disclosure is being discussed at all is a “2010 phenomenon” and a sign of the times. While most celebrity divorces include non-disclosure agreements, that trend has not yet filtered its way down to the mass divorcing public. However, that may soon change.

Recently, a judge in Canada told a father to “unfriend” his daughter on Facebook so she could not see the unflattering remarks about her mother on his wall page, and to change his password so she would not have access to his Facebook account.

A divorce mediator quoted in the article says it is becoming increasingly common for her clients to discuss their social media habits and make new rules for what they will and will not share with the online world.

Some divorce attorneys have said that while these agreements are not yet legally binding, this may soon change. Those interviewed for the article said that while most couples realize it is in their own best interest not to have their divorce settlements made public, in this age of instantaneous access to social media, it may be time to make explicit agreements ruling online conduct.

A recent Reuters article focused on the use of financial advisers by divorce attorneys to help their clients discover hidden assets through the analysis of financial information.
Lili Vasileff, president of the Association of Divorce Financial Planners, gave the following tips for finding hidden assets:

Tax returns – examine the interest income schedules to ensure that all the accounts listed there are also listed on the net worth statement that divorcing spouses must fill out listing all their assets. You should also compare mortgage interest and real estate taxes listed on the return with the real estate listed on the net worth statement.

Loan applications – check loan and credit card applications to compare the assets listed.

Bank and brokerage accounts – check these for any large transfers or withdrawals, and track where the money went. If it went to a family member or close friend, it may be an attempt to hide cash.

W-2 – examine annual W-2 forms from previous years to be sure that a bonus is not being withheld for the asset calculation.

Business – if a spouse owns a business, it can make it easier to hide assets. Expenses can be inflated to reduce income. Investments in things like art can be written off as a business expense to reduce the income available to split.

Advisers are also cautioned to be wary if they uncover "hidden" assets too easily. One divorce attorney noted, "The best way to hide $1 million well is to hide a quarter of a million dollars badly."

The wild rants of celebrities like Mel Gibson and Alec Baldwin that were released to online sources and are now available to anyone may be tempting for spouses involved in a bitter divorce or custody dispute to emulate except for one big problem: it’s against the law.

Using a voice recorder to tape your ex’s rants as leverage or evidence in a divorce or child custody suit may be enticing, but it is also illegal and could do more harm than good to your own case.

In Florida, all parties must consent both to the recording and the disclosure of any wire, oral or electronic communication. If you record, disclose or try to disclose any of these types of communication, you could be charged with a felony, unless it is your first offense committed without any illegal purpose or commercial gain. In addition, the person you recorded without consent can sue you for damages.

If your spouse is harassing you or making derogatory comments about you routinely to your children, you can ask your divorce attorney to petition the court to allow both of you to record phone conversations, which can then be used as evidence in a child custody dispute.

Getting a divorce is bad enough emotionally without having to suffer unnecessarily when it comes to your finances. Here are some tips for making smart divorce financial decisions:

Count all your assets. In preparation for a divorce, you both will need to make an itemized list of all your assets. These should include both individual and joint assets, and cover what you have now as well as what you may expect in the future from inheritances, gifts, insurance policies, etc. Working with a financial professional like a certified divorce financial analyst can help you not only uncover all your assets but also project what you will likely need to live on in the future so you can negotiate for it in your divorce settlement.

Close joint accounts. First, be sure to check with your divorce attorney on when to close accounts so it doesn’t have an adverse impact on your case. If possible, divide the joint accounts equitably and open individual accounts.

Consider tax consequences. Consult with your CPA as soon as a divorce is imminent so you understand all the potential tax consequences to dividing IRAs, 401(k)s and other assets. Make sure you know what your tax liabilities are not only for now but for the future as well.

Protect future support payments. If you are awarded alimony and child support and your ex dies, those payments will stop. It is a common practice to negotiate for a life insurance policy on your ex as part of your divorce settlement, to ensure you will continue to get paid even if your ex is no longer around to make those payments.

Review beneficiary designations. Be sure that your ex is no longer listed as the primary beneficiary on any of your insurance, investment or retirement accounts. If your ex is a beneficiary of your parents’ will or trust, be sure they make those changes as well.

A survey among 1,900 UK residents who divorced after the age of 50 found that a lack of intimacy was the main reason for their split. What differed between men and women was how they defined intimacy – one-third of men say their marriage ended because their partner was no longer interested in sex, while 28 percent of the women surveyed said they divorced because their partners became emotionally cold.

The survey also found that 14 percent say that nagging was responsible for their divorce, and 10 percent said they no longer had anything in common with their partners. Five percent of those surveyed said they had waited until later in life to divorce because of their children.

Researchers said they believe that older couples divorce for different reasons than younger couples. Once their children have left home and they are nearing the age of retirement, intimacy becomes a more important attribute in their choice of partner for their later years. In addition, women begin to see more opportunities for themselves that may not have been there when they were first married or occupied with raising children.

Relationship experts said that couples over 50 need to work harder at rebuilding their relationships after the children have left home to minimize the risk of divorce.

Jacksonville has ranked #9 on a list of America’s Top 50 Divorce Capitals compiled by The Daily Beast, and another Florida city – Panama City – ranks #1.

The Daily Beast looked at 2009 divorce statistics, including the number of divorces and the percentage of the population in each city that was currently divorced. Four cities in Florida made the top 10 – Panama City, Deltona, Palm Bay and Jacksonville – and 11 Florida cities made the top 50.

Jacksonville’s divorced population stands at 13 percent, with 4.7 percent of the population obtaining a divorce in 2009. In Panama City, 15.5 percent of the population is divorced, and 4.3 percent got a divorce in 2009.

One Florida marriage counselor says that he believes that Florida’s lenient divorce laws and bad economy contribute to a higher rate of divorce in the state. Dr. Joel Prather told Panama City television station WJHG, “People come to the state of Florida for opportunity, for jobs or to get away from their past life. I have people come in frequently to see me who have moved here and are trying to fix their marriage and they think moving here for some reasons going to help."

However, he noted that the reality is that marital problems follow you wherever you go, so although troubled couples may move to Florida to “fix” the marriage, they often wind up ending it here instead.

In Florida, anyone who wants to divorce must have been a resident of the state for at least six months and wait for a period of 20 days before a final judgment can be entered. A roadmap of the Florida divorce process includes:

Gathering financial information. Pull together all recent tax returns, bank statements, retirement accounts and other important business documents. These will be used for making property division and support decisions.

Discussing property division. Try to hash this out with your spouse early on if possible. Even if you cannot come to an agreement, you will have a better understanding of what your spouse’s position is regarding the division of marital property.

Filing a petition for divorce. Even if the decision to divorce is mutual, only one spouse files a petition for divorce.

Do you have minor children? If so, then a temporary order of child support and child custody will be filed.

Proof of service. The spouse who filed for divorce files a statement that the other spouse has received the petition for divorce.

Response to the petition. This is filed by the other spouse, and can address a number of divorce-related issues including a dispute of the divorce, setting forth a defense against any of the statements in the original petition, child custody, child support, spousal support, and more.

Negotiation. Except in cases of abuse, it is usually best for both spouses if their divorce can be settled via mediation, arbitration or collaborative divorce.

Trial. If issues cannot be resolved through negotiation, then the case goes to trial.

Order of Dissolution. The Order of Dissolution details the court’s decisions regarding alimony, child support, child custody, visitation, property division, etc. A judge finalizes the divorce after both parties have agreed on the final order.

The wife of former baseball star Roberto Alomar has filed for divorce in Tampa and accuses him of knowingly exposing her to the AIDS virus.

According to a Florida divorce court filing, Maripily Rivera Alomar says that Alomar had unprotected sex with her even though he knew he was HIV-positive, and lied to her about having tested negative for sexually transmitted diseases prior to their first sexual contact.

This is the second time Alomar has been accused of exposing a partner to HIV. He was sued by a former girlfriend last year who claimed that Alomar had AIDS but encouraged her to have unprotected sex with him. The case was settled in May. At the time of the suit, Maripily Rivera was his girlfriend and defended him vigorously, saying that the story of Alomar’s AIDS diagnosis was “a vile lie.”

Her Florida divorce filing says that after they were married in 2009, she discovered that he was HIV-positive. Her filing says she would not have married him if she had known he was HIV-positive.

The filing also notes that while Maripily has not yet been infected with HIV, “uncertainty still exists due to the delay in the onset of the virus.”

A joint study of long-lasting marriages by researchers at the University of Basel (Switzerland) and Indiana University has found that couples wed for an average of 40 years know less about each other’s preferences when it comes to food, design and entertainment than those who have been married for only a few years.

The researchers studied two sets of married couples – one aged 19-32 and another aged 62-78. They said that the findings -- that accuracy in predicting each other’s preferences decreases over the course of a long relationship – were unexpected.

“That wasn’t what we expected to find, but this evidence lends support to a hypothesis that accuracy in predicting each other’s preferences decreases over the course of a relationship despite greater time and opportunity to learn about each other’s likes and dislikes,” said Peter Todd, a psychologist at Indiana University and one of the authors of the study which will appear in the Journal of Consumer Psychology.

The researchers believe that the knowledge decline among older couples happens because they pay less attention to each other – mostly because they are comfortable in their relationships, view themselves as already fully committed or may assume they have nothing more to learn about each other.

If you would like to learn about obtaining a Florida divorce, contact our Jacksonville family law firm.

Many clients looking for a Florida divorce attorney equate being good with being mean. They want a shark, a bulldog, a nasty SOB who will take their husband to the cleaners or ensure the wife gets nothing.

But does that really work in the long run?

First, most divorce lawyers worth their salt will tell you that you want to do whatever you can to avoid an acrimonious divorce, especially if there are children involved. If you have children, you will be tied to your former spouse for as long as you both are living. You can avoid as much contact with the other person as possible, but they will never be totally out of your life. Do you want someone who hates you to be sharing that energy with you forever?

Being nasty also takes time and money. Fees for attorneys who send out complaint letters, file petitions, conduct depositions and other various legal maneuvers can really pile up over time. That in turn usually leads to the other party engaging in the same actions, requiring more reaction from your side. Is this something you can afford?

When entering a divorce action, you should give careful thought to your overall objective in going through this painful process. You should list your financial goals, your wishes for child custody and visitation rights, the dispensation of your property and other financial assets and communicate those wishes clearly to your Florida divorce attorney.

You can rightly expect your divorce lawyer to be aggressive in protecting your rights when necessary. But looking for a shark just for the purpose of inflicting pain may bite you in the long run.

While money issues continue to be a leading reason couples divorce, in these tough economic times, divorce rates are actually declining.

Simply put, many people say they just can’t afford to get divorced.

Like any legal proceeding, divorce takes planning. While it may be hard emotionally to delay a divorce action, it may actually provide you with the necessary time you need to fully prepare yourself and your family for divorce, both financially and emotionally.

Here are some tips for divorce planning:

Get your financial paperwork in order. Organize bills, bank statements, mortgage statements, investment portfolios, IRAs and other financial documents to get a true picture of your financial condition.

Budget for your divorce. Determine what you are currently spending and break it out into “essentials” and “nonessentials”. Then cut that it half to see what you are likely to need for living expenses once a divorce is finalized. You will then be able to see how much you need to save or make plans for increasing income or decreasing spending.

Reduce your debt. By reducing your credit card debt now, you’ll be in a better financial position once your divorce is final.

Save. Financial experts are currently recommending at least a nine-month “cushion” of savings to see you through any emergencies or reversals like job loss, etc.

Going through a divorce is one of the most traumatic events in anyone’s life, but foresight and planning – and consulting with a Jacksonville divorce attorney -- can ease the pain for all involved.

If you’ve gone through a divorce in 2010, tax time will take on an entirely new meaning for you. You want to be sure you take all the deductions you’re entitled to (and that were set forth in your divorce decree, if dependent children were involved) and that you’re following all the rules.

If you were married or divorced recently, there are a couple of things you’ll want to do to ensure the name on your tax return matches the name registered with the Social Security Administration.

Here are tips from the IRS for recently married or divorced taxpayers. Following these steps will help avoid problems when you file your tax return:

If you took your spouse’s last name or if both spouses hyphenate their last names, you may run into complications if you don’t notify the Social Security Administration. When newlyweds file a tax return using their new last names, IRS computers can’t match the new name with their Social Security Number.


If you were recently divorced and changed back to your previous last name, you’ll also need to notify the SSA of this name change.


Informing the SSA of a name change is simple; you’ll just need to file a Form SS-5, Application for a Social Security Card at your local SSA office.
 Form SS-5 is available on SSA’s Web site at www.socialsecurity.gov, by calling 800-772-1213 or at local offices. It usually takes about two weeks to have the change verified.


If you adopted your spouse’s children after getting married, you’ll want to make sure the children have a Social Security number (SSN). Taxpayers must provide a SSN for each dependent claimed on a tax return.

For adopted children without SSNs, the parents can apply for an Adoption Taxpayer Identification Number – or ATIN – by filing Form W-7A, Application for Taxpayer Identification Number for Pending U.S. Adoptions with the IRS. The ATIN is a temporary number used in place of a SSN on the tax return. The W-7A is available on IRS.gov, or by calling 800-TAX-FORM (800-829-3676).

For more 2010 tax tips, click here.

Before beginning – or replying to – any divorce action, people want to know how to find a good divorce lawyer. Rather than just hitting the Yellow Pages, you should consider asking friends or family members who’ve gone through a divorce to make recommendations, do some online research of divorce attorneys in your area and arrange to meet with several different divorce lawyers to see who would be the right fit for you and your circumstances.

As a general rule, you want to find a divorce lawyer who is:

A good listener – someone you can speak with frankly and confidentially and feel you can trust. Someone who returns your calls and keeps you up to date on your case.

A good problem-solver – someone who is willing to negotiate when it makes sense for you and who can structure a well-thought-out strategy for your case.

A good communicator – someone who keeps you informed every step of the way and encourages your involvement in your own case.

An experienced divorce attorney – someone who has a good track record in family law, who is respected by other attorneys and judges.

Divorce is a tough process – be sure you have the right partner going in, and you’ll fare better coming out.

For those over the age of 50 going through a divorce – and those numbers are rising for this age group – healthcare is one of the largest concerns they have about moving forward. Many spouses who may have been covered under their soon-to-be ex’s company insurance plan may be worried that they will be left without health insurance after the divorce.

Here are some tips and information on healthcare coverage for divorcing couples:

Start shopping. If you will be responsible for your own healthcare coverage after the divorce, start shopping for coverage as soon as possible. There are many, many different options available and you should take the time to study and understand them before making a choice. You may also want to contact an independent insurance agent to do some of this legwork for you. Having someone who is knowledgeable about the industry and plan options to discuss deductibles and the kind of coverage you want can be comforting.

COBRA. If you have been covered under your spouse’s employer, you are eligible for up to three years of coverage if you agree to pay the premiums. This is often the best and least expensive option for newly divorced spouses. You will need to contact the plan administrator at least 60 days prior to the finalization of your divorce that you will need COBRA coverage.

You may also want to take advantage of tax-deductible Health Savings Accounts to cover medical expenses (not insurance) if you have a high deductible insurance policy.

The sad reality in today’s economic environment is that divorcing spouses are increasingly more concerned about dividing debts rather than assets. Under Florida law, both assets and liabilities must be divided equitably – which does not necessarily mean that you will split them equally, but that the court will endeavor to split them fairly so that one spouse does not suffer more financial harm following the divorce.

During your marriage, if you have opened credit card accounts in both your names, or added your spouse to what was previously an individual account, then you are still both liable for the debt. In this case, the court will usually split the debt as equitably as possible – perhaps assigning different accounts to each spouse, as long as the total is fairly equal.

However, what most people do not realize is that a court order does not supersede the right of a creditor to pursue a judgment against both parties if the one responsible for paying the debt as the result of a divorce defaults. The fact is that both spouses are still liable for the debt. In the case where one spouse cannot pay, a creditor has the right to pursue the other spouse for the debt.

Usually, the only way to discharge the debt if you cannot pay is to file bankruptcy. But if only one spouse files, the creditor can still pursue the other for the debt. In that case, it may be financially prudent for both spouses to file bankruptcy in order to discharge all marital debt they are unable to pay.

If you have questions regarding marital debt, contact a Jacksonville divorce attorney.

Putting it simply, a divorce dissolves the bond of marriage and an annulment is as if the marriage never happened.

The state of Florida recognizes annulments, but they are governed not by state law, but by case law. Annulments are exceedingly rare, especially these days – they are most common for religious reasons.

In Florida, there are two ways to be granted an annulment. You must show that the marriage was either void (one of the spouses was married to someone else) or voidable, which is the more common scenario.

To prove a voidable marriage, you must prove to the court that your marriage is invalid for one of these reasons:

Fraud or deceit – someone lied about something important, like their identity, and the other partner married them based upon that lie.

Duress and undue influence – someone was coerced into marriage by threat or coercion.

Consanguinity – marrying a close blood relation.

Impotence – the inability to have children that was not revealed until after the marriage.

If the marriage was consummated by having sexual relations after learning it was voidable, then an annulment claiming a voidable marriage is not possible.

Because annulments are rare and not governed by Florida law, they usually require more work than a divorce. You should consult with a Florida family law attorney to determine if your marriage qualifies for an annulment, or if you must pursue a divorce instead.

In today’s society, pets are often considered members of the family, almost like children – and like children of divorce, they are increasingly becoming involved in custody disputes.

Currently, under the law, pets are considered property. However, the California-based Animal Legal Defense Fund wants to change that. On its Animal Bill of Rights petition to the U.S. Congress, it promotes the need for federal legislation to protect animal rights, including in court:

Petition to the United States Congress

I, the undersigned American citizen, believe that animals, like all sentient beings, are entitled to basic legal rights in our society. Deprived of legal protection, animals are defenseless against exploitation and abuse by humans. As no such rights now exist, I urge you to pass legislation in support of the following basic rights for animals:

The Right of animals to be free from exploitation, cruelty, neglect, and abuse.

The Right of laboratory animals not to be used in cruel or unnecessary experiments.

The Right of farm animals to an environment that satisfies their basic physical and psychological needs.

The Right of companion animals to a healthy diet, protective shelter, and adequate medical care.

The Right of wildlife to a natural habitat, ecologically sufficient to a normal existence and self-sustaining species population.

The Right of animals to have their interests represented in court and safeguarded by the law of the land.

Even though pets are still classified legally as property in Florida, many courts are beginning to find that pets should be treated differently than other marital property and rulings on custody should be based on what is best for the animal.

If you’re a Florida resident who is seeking a divorce, there are some important questions you should be asking the divorce lawyers you interview. Yes, interview. You should interview Florida divorce attorneys to determine who would best represent you – someone who will handle your case like you want it handled and can get you a fair settlement at a fair price.

These questions should help you learn about whom you are hiring:

1. How many divorce cases does your firm handle each year?
2. How many of those cases go to trial?
3. How many of those cases center on (whatever your biggest issue is – custody, alimony, etc.)?
4. Who will be working on my case, specifically? What are their billing rates?
5. What is the experience level of the people assisting you with my case?
6. Who do I call when I have questions?
7. How do you keep me informed about developments in my case?
8. Will you personally be handling court appearances?
9. What is your hourly rate and is it the same for court appearances and trial work?
10. Exactly how and what do you bill for? Can we collect your fees from my spouse?
11. What hours are you in the office? Do you have any big trials coming up?
12. How much input will I have in determining the strategy for my case?

The Florida divorce lawyer you choose should have no difficulty answering these and any other reasonable question you may have about your case.

A second round of mediation brought Los Angeles Dodgers owners Frank and Jamie McCourt no closer to an agreement in their divorce, and no further talks are scheduled, according to a Los Angeles Times article.

With no settlement in sight, a judge has until Dec. 28 to rule on whether or not a 2004 agreement that makes Frank McCourt the sole owner of the MLB team is valid, or if it should be nullified, which would make the team community property.

The high profile trial was held last month to determine the ownership of the team, currently valued at more than $1 billion, as part of the McCourt’s divorce action. The 2004 agreement is in contention because the couple had drawn up a revised marital agreement in 2008 that would have made them joint owners in the team. However, Frank McCourt never signed the revised agreement.

Frank’s attorneys have notified the court that if the judge throws out the 2004 agreement, they plan to seek a second trial to argue that the team is his sole property because he purchased them through a company he established prior to the marriage.

Attorneys have estimated that if Frank prevails, Jamie’s share of their community property would add up to “only” $70 million.

One of the major reasons couples divorce is money, and it is usually because one spouse has better spending and saving habits than the other. If you want to protect your credit during a divorce, here are some tips:

Check your credit scores. As soon as possible, pull individual credit reports on both you and your spouse from Experian, Equifax or Transunion. Check to see if there are any debts you are unaware of or that have been neglected.

Close joint accounts. Do this prior to divorce proceedings, especially if you think a vindictive spouse may incur more debt in order to punish you. You are both responsible for joint account debts until the divorce is final.

Open individual accounts. Turn existing joint accounts into individual accounts so you will not have to re-establish your credit following a divorce.

Communicate with creditors. Let creditors know that a divorce is pending, and advise them in a timely fashion about any address change. If possible, include the settlement of joint debts in your divorce agreement so you can have a fresh start.

Pay bills on time. Do not skip a payment because you believe your soon-to-be ex is responsible for it. It will go on your credit report and adversely affect your rating.

The Insurance Information Institute has provided guidance on what to do with your insurance policies if you are headed for a separation or divorce:

Auto insurance – if there is a change in ownership of a vehicle, it will also be necessary to change who holds the insurance policy. You can protect yourself against liability by removing a former spouse from your policy in case he or she gets into an accident. If you have a multi-car discount, this will probably result in an increase in your auto insurance rate.

Homeowners insurance – the homeowner’s policy should be in the name of whoever stays in the home. You should also review the policy to ensure it covers the cost of rebuilding your home in case it is destroyed. If you are now living on a smaller income, you may want to raise your deductible amount so you have smaller payments. If you are moving out of the house and renting an apartment, you will need to get renters insurance to cover yourself for loss or damage.

Life insurance – if you already have a life insurance policy that names your spouse as primary beneficiary, you need to revisit it in light of your new circumstances. If you have to pay alimony, a life insurance policy is usually part of a divorce settlement, so that payments can continue even if you are no longer around to make them.

Disability insurance – if a person is supplying alimony or child support, consideration should be given to having a disability insurance policy to cover them in the event they can no longer work.

Divorce has declined over the past couple of years, due in large part to the recession and the adverse financial impact the bad economy has had on home value, prices and savings accounts. Couples who have found it hard to make ends meet for one household may find it virtually impossible to support two different homes. The ability to refinance a mortgage is also much more difficult, and selling a home in Florida’s dismal housing market is usually not a viable choice either.

So what is a couple that wants to divorce to do?

Financial experts suggest that planning ahead and being practical about financial divorce settlements is a must. Divorcing couples may need to either delay the divorce until the economy improves or agree to share in the losses that may be incurred with a financial settlement in a depressed economy.

If a couple is able to hold on to their assets until the economy improves, or split them in a way that will maintain their value, they should seek this type of solution. Cutting expenses to the bone will likely become a necessity for many couples seeking to divorce in a recession as well. Basically, financial experts agree that this may be a time to make decisions based on financial rather than emotional needs.

Divorce records have been used against political candidates by their opponents in Kentucky and Georgia as the election mud-slinging kicks into high gear just weeks before the election.

In Kentucky, Re. Lincoln Davis, who is seeking his fifth term in Congress, is running television commercials about the alleged violent behavior of his opponent, Dr. Scott DesJarlais, from his 10-year-old divorce case. The attorney for DesJarlais’ ex-wife alleged that the doctor “became violent and threatening, dry firing a gun outside the locked bedroom door” and “holding a gun in his mouth for three hours.” DeJarlais denied the incidents ever took place, saying the allegations “were never proven and are simply false.”

In Georgia, a judge will rule on Oct. 26 about whether or not the 2001 divorce records of Republican Austin Scott, who is running against Democratic incumbent Jim Marshall for the state’s 8th Congressional District seat, will be made public. A Democratic activist and blogger filed a motion to get the records unsealed amid rumors that Scott’s divorce files contain allegations of domestic violence and a restraining order.

Scott, who is vigorously opposing making the divorce records public, has said he will not discuss his 2001 divorce and alleges that the effort to get the records unsealed is a political dirty trick by his opponent, who is the incumbent in the Congressional race.

With so many Florida homeowners underwater on their mortgages, many divorcing couples that want to sell their house are wondering if it is even possible. Mortgage experts say that there are several things to consider when deciding what to do with the marital home in the event of a divorce:

Consider staying put. See if one of you can afford to stay in the home, at least until the housing market improves. If one of you can afford to stay, and you can refinance the mortgage in your name alone, be sure that the other spouse is removed from the deed as soon as the divorce is final.

Sell. If you have to sell, the good news is that Florida homes sales are on the rise, with an increasing influx of foreign buyers. Engage a real estate agent as quickly as possible to get your home on the market.

Short Sale. If you have been unable to sell the home and cannot afford your payments, talk to your lender about a short sale, where the lender agrees to sell the house for less than the mortgage. It is important for you to speak with an attorney to be sure the lender releases you from any obligation for loss on the home.

Avoid Foreclosure. You and your ex should not try to just walk away from your mortgage obligation. Talk to a foreclosure defense attorney first before taking action.

Bankruptcy. Filing for bankruptcy could be an option for divorcing couples that cannot afford their mortgage and cannot get approval for a short sale. Speak with a Florida bankruptcy attorney about how to proceed.

Social networking sites such as Facebook, MySpace and Twitter are becoming increasingly popular. However, one area of unexpected popularity is in the courtroom. An article published by USA Today discussed how sharing too much information on social networks has led to an overabundance of evidence in divorce cases. A survey revealed that 66% of lawyers cited Facebook indiscretions as the source of online evidence; MySpace followed with 15% and Twitter with 5%. The categories of evidence are expansive, from pictures of spouses cheating to a father forcing his son to de-friend mom, which would bolster mom’s alienation of affection claim against dad.

Some attorneys, without revealing the names of clients and violating the attorney-client privilege, gave examples of instances when social networks were cited as evidence:

1. While a husband was seeking primary custody of his children, husband also had a Match.com profile claiming his was single with no children.
2. Father seeks primary custody of his children, claiming the mother never attends the events of their children. Evidence was subpoenaed from the gaming site World of Warcraft, which revealed the mother on the site with her boyfriend at times when she was suppose to be out with her children. The same was revealed by Facebook’s Farmville.
3. A mother denies allegations of drug use in court but posts pictures of herself on Facebook partying and smoking marijuana.

Attorneys offered tips on how to ensure online personal lives do not end up in divorce court:

1. If you plan on claiming something in court, make sure there is nothing online that shows something to the contrary.
2. Be wary of who you confide in. A divorce can be very emotionally challenging and the desire to talk badly about your spouse is high. However, friends are likely to take sides during a couple’s divorce. The reality of it is, if you are going through a divorce that is the worst possible time to share your feelings online.
3. A picture is worth a thousand words. Do not post partying or sexually explicit photographs of yourself during a contentious divorce – the photos are great evidence.
4. Use your privacy settings.

To read more on this article see Social networks used as evidence in court.

Contact Wood, Atter & Wolf P.A. for legal representation in your divorce.

Twenty years after her divorce – and 18 years after her ex-husband’s death – a Canadian woman has received a legal settlement for over $250,000 in a lawsuit stemming from her original divorce.

When Julie Ladner was divorced from Vancouver attorney Hugh Ladner in 1990, her ex-husband was ordered by the court to maintain a $400,000 life insurance policy to cover court-ordered spousal support of $2,340 per month for her lifetime. However, Hugh Ladner never obtained the insurance policy, and when he died from drowning in 1992, she was left without alimony.

Julie Ladner later sued her ex-husband’s estate for breach of contract, but was unable to recover the full amount because the estate was insolvent by the time she filed suit. She eventually received a $165,000 settlement from the estate.

Ladner then sued the law firm that handled her case, alleging that her attorney was negligent for failing to pursue an alternative trust claim that would have provided her with priority over other creditors for her husband’s estate.

A British Columbia Supreme Court Justice found that her divorce attorney was negligent, and she was awarded damages of over $250,000 for her negligence claim.

In a unanimous decision, the Florida Supreme Court overturned two lower court decisions and ruled that passive appreciation – the increase in a home’s value caused by inflation and market forces – is a marital asset in Florida, and is entitled to be shared by a divorced spouse who contributed to the mortgage or upkeep on the home during the marriage.

The case involved a Hillsborough County couple, Joseph and Katherine Kaaa, who divorced in 2007. In their divorce case, a judge denied Katherine an award for passive appreciation on a home she and her husband shared in Riverview. Her husband had purchased the home prior to their marriage for $36,000. During the marriage, Katherine had contributed to the mortgage payments and enhancements to the home, which was worth $225,000 at the time of their divorce.

The judge granted Katherine over $18,000 for her share of the enhancements to the home, but refused to award her passive appreciation. The Second District Court of Appeals in Lakeland upheld that judge’s decision.

However, the Florida Supreme Court ruled that passive appreciation is a marital asset, since the property appreciated during the time the funds used to maintain it belonged to both spouses, and that Katherine had made contributions to the home. The court returned the case to the lower court to determine how much Katherine should get according to the new guidelines outlined in the opinion.

Sociologists now believe that there has been a change in the associated link between living together and divorce, saying that while it used to be that living together before marriage increased the risk of divorce, this is apparently no longer the case.

According to Pamela Smock, a sociologist at the University of Michigan’s Population Studies Center, the previously strong link between “living in sin” and divorce has weakened over the past four decades. Part of the reason is the change in demographics of those who choose to live together before marriage. Thirty years ago, those who decided to live together were decidedly more nontraditional in their beliefs – a group that carries a higher risk for divorce. Today, over 65 percent of marriages are between couples that have lived together prior to getting married, and what was once uncommon is now a common experience.

In addition, the reason couples decide to move in together has changed. In the 1970s, couples were more motivated by “free love”. Today, couples are deciding to move in together more for economic necessity – especially as unemployment remains high. This, conversely, leads to fewer marriages, not more. Studies have shown that couples who move in together to save money often end up not getting married. Which means, of course, fewer divorces.

A Time article has pointed out yet another downside to the high profile divorce: becoming blog fodder. Take the example of Los Angeles Dodgers owners Frank and Jamie McCourt, who have been slugging it out in divorce court for almost a year. There is now a blog devoted entirely to their divorce.

Dubbed Dodger Divorce, the blog is written by Josh Fisher, a third year law student at the University of Minnesota who is also, not surprisingly, a Dodgers fan. However, what makes this blog different is that it does not spend so much time on celebrity-type salacious gossip but rather on the finer points concerning the intersection of matrimonial and business law.

This is because at the center of the McCourt’s divorce battle is the hotly contested ownership of the Los Angeles Dodgers. A post marital agreement between the couple had their personal assets – mostly their homes – in Jamie’s name and the business assets in Frank’s name. They had been in the process of revising that agreement to make the Dodgers jointly owned between the couple when things got rocky. A revised marital agreement with the shared ownership stipulation was drawn up but never signed by Frank.

Last month the business side of the McCourt divorce was played out in a Los Angeles Superior Court, and it’s now with the judge, who is expected to rule within a few months. It’s all documented at the Dodger Divorce blog.

Again, not surprisingly, the blog attracts more attorneys than celebrity worshippers and is a novel way for a young law student to go job hunting.

On Monday, June 25, the divorce of Sandra Bullock and Jesse James was finalized, confirms an Austin, Texas court clerk. The split was also confirmed by Bullock’s publicist. Bullock filed for divorce around the end of April 2010 after hearing reports of James’ infidelity. Details of the settlement were not revealed, however, Bullock’s initial filing cited “discord or conflict of personalities” as grounds for the divorce. It was only ten days after Bullock won an Academy Award that reports surfaced about James’ unfaithfulness; James was alleged to have had an affair while Bullock was filming her Oscar-winning film, The Blind Side.

After the reports of infidelity, Bullock canceled overseas appearances to promote The Blind Side and moved out the marital home she shared with James. James went into rehab, but did not state why he needed treatment. In the same month Bullock filed for divorce, she dropped another bombshell – Bullock had adopted a baby boy who she intended to raise as a single mother. To read more about this topic see Sandra Bullock and Jesse James’ divorce finalized.

Divorces can be complicated and extremely emotional matters that drastically affect the lives of both spouses. Many legal issues present themselves when martial lives are disturbed: If the couple was planning on adopting a child before the divorce, what happens to the adoption proceedings? Who will get the marital home? How will the couple’s assets and liabilities be divided? Does infidelity by one spouse matter to courts? If you reside within the state of Florida, contact a Florida Divorce Attorney to counsel you on these issues as well as others.

NASCAR Chairman Brian France is asking a Charlotte, NC state appeals court judge to seal the records in his ongoing divorce proceedings, according to a Charlotte Observer report.

France divorced his wife Megan for the second time in 2008, but the couple continues to battle in court over the terms of their agreement. Megan France has said that her ex-husband has not made the agreed-to settlement payments and is behind in his alimony payments. She has also accused him of harassment and of violating their original agreement regarding the care of their two children.

Brian France’s attorneys have petitioned the court to keep the records of the divorce proceedings closed to the public. He is currently chairman of NASCAR, a role he assumed from his late father Bill in 2003. His grandfather founded the motorsports empire in Daytona Beach, Florida, where NASCAR is based.

The Charlotte Observer has sued for the divorce documents to be unsealed, saying that France has no compelling interest that supersedes the public right to access the courtroom and the files. The newspaper brought suit after a Mecklenburg County judge, who is now retired, sealed the records of the 2008 divorce agreement that replaced a prenuptial agreement the couple had signed prior to their marriage.

The National Center for Marriage and Family Research has released reports on marriage and divorce, based on the latest Census Bureau American Community Survey. And, for the first time ever, individuals aged 25-34 who have never married now outnumber those who have married.

The research on first divorces in the U.S. in 2008 found:

• About half of all U.S. marriages end in divorce – a statistic that has been relatively stable for the past 20 years.
• Women in their first marriages had a 30 percent lower divorce rate than remarried women.
• In 2008 there were more first marriages than first divorces. The ratio of first marriages to first divorces was 1.74 nationally and 1.55 in Florida.
• African-American women had the highest rate of first divorce – more than twice the rate of Whites and Asians.
• The rate of first divorce was lowest among Asian-Americans.
• African-American women had the fewest marriages of all never-married women; Asian-Americans had the most marriages.
• States with the highest rate of first divorce are predominantly found in the South; those with the lowest rate of first divorce are in the Midwest.

Whether it’s your first or your fourth divorce, a caring Jacksonville divorce attorney can make you feel like more than a number.

Time Magazine has taken a look at some celebrities, historical figures and just plain folks who became known for multiple marriages and, therefore, multiple divorces. Here is the Time list of the Top 10:

Elizabeth Taylor – The death of Taylor’s fourth husband, Eddie Fisher, happened in September, which caused many publications to review her long record of marriages and divorces. Taylor had eight marriages, eight divorces and seven husbands – she wed and divorced Richard Burton twice.

Mickey Rooney – Rooney also hit the eight-marriage mark, but has been married to his last wife for the past 32 years, so just seven divorces for the octogenarian actor.

Larry King – Something must be magical about the number eight, because that’s how many times King has been married as well. Earlier this year, he filed for divorce number eight, but that was eventually called off.

Zsa Zsa Gabor – Her famous quote – “I’m a great housekeeper. Every time I get a divorce, I keep the house” – is also a wry commentary on her nine marriages, seven of which ended in divorce and one was annulled.

Robert Evans – The famously quirky movie producer married seven times. One marriage was annulled after only nine days; the other six marriages ended in divorce.

Lana Turner – This mid-20th century screen siren married and divorced seven times. Her longest marriage lasted just four years.

Rex Harrison – The English actor who played the part of Henry VIII emulated the British monarch in another way – each had six wives.

Henry VIII – If divorce had been condoned in the 16th century, two of Henry VIII’s six wives might have kept their heads.

The Wife of Bath – Married five times, she was the authority on marriage in Chaucer’s Canterbury Tales.

Linda Wolfe – Current holder of the Guinness Book of World Records for being the most-married living person, this 65-year-old Indiana woman has been married 23 times. Her longest marriage was seven years; her shortest was 36 hours.

A new study from the University of Michigan has found that spouses who withdraw from conflict create a damaging effect on the longevity of a marriage, thereby increasing the risk for divorce.

The Early Years of Marriage Project is an ongoing study of 373 married couples interviewed four times a year from 1986 until 2002, beginning during the first year of marriage. At the end of the study, 46 percent of the couples had divorced.

Researchers found that whether or not couples reported conflict during the first year of marriage had no affect on if they remained married by year 16. However, they did find that those couples that used constructive strategies to deal with conflict had lower divorce rates.

The study found that the risk of divorce is higher when one spouse fights fairly and the other spouse withdraws. Researchers said that this is because the spouse who deals with conflicts in a constructive way – listening to the other spouse’s point of view and calmly discussing the problem – may see a partner’s withdrawal as a lack of investment in the relationship.

Overall, the husbands who were part of the study reported using more constructive behaviors and fewer destructive behaviors than wives during the first years of marriage. However, over time, wives became less likely to engage in destructive behaviors – yelling and withdrawing – while the husbands’ behaviors stayed the same.

A story at CNN Living reveals that this generation of marrieds may bring back the days of low divorce rates and marrying for life, having learned from their divorced parents that staying married takes dedication, patience and, yes, just plain work.

This unromanticized view of marriage may be what the most divorced generation has wrought, say relationship experts. They report that many children of divorce tend to approach relationships cautiously and do their homework on what makes a successful relationship before taking that trip down the aisle.

According to divorce statistics, the risk of divorce is 50 percent higher if one spouse has divorced parents and 200 percent higher if both spouses come from divorced parents. And children of divorce are also 50 percent more likely to marry another child of divorce.

However, marriage researchers say that children of divorce usually fall into two distinct camps when it comes to their own relationships: they either avoid them altogether, or become determined to make their own marriages endure.

An anthropologist who works for Match.com, a popular online dating service, says that children of divorce are more likely to avoid toxic relationships and are more resilient. She said they also take more time to decide whether or not marriage will work for them, marrying later in life than average. And studies show that those who marry later in life are at less risk for divorce.

If you are married to a dancer or choreographer, you may want to have the number of a good divorce lawyer handy. A new study that looks at divorce rates of certain occupations found that dancers have the highest divorce rate at 43.1 percent. If your main objective is to never get a divorce, consider marrying an engineer.

The study, conducted by Michael Aamodt, a professor at Radford University and consultant for DCI Consulting Group in Washington, D.C., was published in the Journal of Police and Criminal Psychology. Aamodt started out to research the personalities of law enforcement officers, but found statistics on domestic lives by occupation hard to come by until he asked the Census Bureau to parse their data based on divorce and separation rates for 449 job categories.

The top three occupations with high divorce rates include the aforementioned dancers and choreographers, bartenders (38.4 percent) and massage therapists (38.2 percent). Also included in the top ten were casino workers, telephone operators, nurses and home health aides.

The occupations with the lowest divorce rates included three types of engineers, optometrists, clergy and podiatrists.

Aamodt said that the study probably raises more questions than it answers, since it does not reveal whether it’s the occupation that leads to divorce, or whether those drawn to a particular occupation are more disposed to be in unstable relationships.

Aside from all the negative emotions, divorce is essentially a business transaction – a division of assets – unless, of course, children are involved. Then it is even more important to get the money part right.

Forewarned is forearmed. Here are some of the most common money mistakes made in divorce:

Taking an offer just to get it over. Since you will be making financial decisions that will determine your financial future, take the time to get it right. Consult with a financial professional so that you understand all the financial impacts of the settlement and do not always assume that an “equal” share is a fair share.

Not knowing your expenses. You and your ex will be maintaining separate residences after the divorce, so you need to figure out what your monthly expenses will be to enable you to do so. Be sure to take into account annual maintenance for your car, home or other expenses that can negatively impact a budget if it is unplanned.

Using your attorney as the middleman. Your divorce attorney is there to help you obtain the best possible outcome for your case. Using him or her to act as the go-between because you do not wish to communicate with your soon-to-be ex is a waste of money times two because if you are doing this, your spouse is also.

If you must get a divorce, be sure it is a smart one. Contact our Jacksonville family law firm for more information.

An article at the Huffington Post by Visa senior director Jason Alderman, who heads up that company’s financial literacy initiative, provides some good advice on dealing with the financial challenges of divorce.

With Florida’s current economy, the financial challenges of divorce are many, including dealing with unemployment, underwater mortgages, investment accounts that have lost value and affordable health insurance. He offers the following tips to help divorcing couples in Florida:

Seek out good advice. Getting a Florida divorce with a do-it-yourself kit is not a good idea, even if your assets are few. Hiring an attorney that specializes in divorce can help you avoid problems down the road. You should also consider speaking with a financial planner for advice on how to divide property and assets so you can both afford to set up separate households.

Keep an eye on your credit. Close joint credit card accounts and open up new ones in your own name. This is especially important if one spouse is careless with money or if the divorce is acrimonious and there’s a chance one spouse may run up credit card bills to ruin the other spouse’s credit. Check your credit reports before, during and after the divorce to be sure you know about all outstanding debts and to ensure the reports accurately reflect the debt that you are responsible for after the divorce.

Few things can disrupt a carefully planned financial future like a divorce. So how do you prepare yourself financially for an impending divorce?

Prepare. Understanding the financial implications of divorce is the first step in becoming properly prepared. In most marriages, one spouse takes on the main responsibility for the couple’s finances. If you are the spouse who is not totally informed about your financial condition, get informed as quickly as possible. Get a full accounting of all your assets and expenses. Collect financial data about your bank accounts, retirement accounts, pension plans, IRAs, 401(k)’s, life insurance policies and other assets as well as your liabilities (credit card debt, mortgages, loans, etc.).

Manage your expectations. When one household becomes two, each spouse must take a realistic approach to financial planning. Chances are very good that you will not enjoy the same lifestyle you had when you were together. Make good financial decisions for you and your children – which may mean that you cannot afford to keep the family home.

Plan. Consider engaging a financial planner to help you figure out how you are going to live now as a single person (or single parent). A financial planner can work with your divorce attorney to figure out how much financial support you will need, or how much you can afford to pay.

Although it is still considered culturally taboo, one in four Japanese marriages end in divorce. To make it more palatable, the Japanese have devised a ritual that is growing in popularity as a symbolic way to end a marriage and find closure: the divorce ceremony.

As outlined at CNN.com, a Japanese divorce ceremony is similar to a wedding ceremony, but with a decidedly different outcome. It begins with the couple being pulled through the streets in separate rickshaws, with friends and family walking behind them. The ride ends at a “purposely shabby storefront” that has the words “Refresh” and “Divorce” written on the outside.

The couple and spouse enter, and a master of the ceremony gives a short speech about how the couple has grown apart and decided to end their marriage. He invites everyone to say farewell. Then the couple smashes the soon-to-be ex-wife’s wedding ring with a hammer painted green like a frog (which in Japanese culture symbolizes change). A short reception follows, with the couple sitting back-to-back at separate tables. Party favors are chopsticks – because it is two things you can pull apart easily. After the ceremony, the couple bows to each other politely and departs to live their separate lives.

If you are getting a divorce in Florida and need professional help and support, contact our Jacksonville family law firm.

Ever since an economic study in 2003 revealed that couples with a daughter are five percent more likely to divorce – and that the risk for divorce goes up with each additional daughter – psychologists have been trying to explain the reason for the phenomenon. Now, one expert says the question being asked has been the wrong one.

According to University of Notre Dame psychology professor Anita E. Kelly, the question is not why men stay in marriages with sons, which has been the way many researchers have approached the “why” behind the statistic. It’s why do women with daughters leave marriages more than women with sons?

After all, Kelly says, divorce statistics show that in 73 percent of failed marriages, it is the wife who leaves the husband. She also said studies have shown that adult sons add more to the daily workload of their parents, while adult daughters lessen the workload.

So her take on the statistic, as outlined in an article in Psychology Today, is that daughters provide their mothers with more and better social and emotional support than sons. In other words, women may be less likely to stay with their husbands because they know that with a girl, they will not be lonely and will have help around the house and decide they do not need their husbands as much.

A new study published in the October issue of the Journal of Family Issues says that when women are the breadwinners in their family, they are almost 40 percent more likely to get a divorce than lower income women.

Researchers at Western Washington University studied 2,500 women who were married between 1979 and 2002 and found that the divorce “tipping point” came when the wife provided at least 60 percent of the household income. WWU sociologist Jay Teachman said that it did not matter whether the couple was rich or poor – it just mattered who earned the most money.

He said that the generation of women studied entered marriage with certain economic expectations and expected the man to be the primary breadwinner. When that did not happen, the marriage became strained. He said that successful women with higher incomes might also resent a husband who does not “pull his weight” – and that extra hours at the office for women also translates into a higher level of stress.

"When marriages form, there are expectations," Teachman said in a New York Post interview. "So, if you get new information about the relationship, you're likely to think, 'This isn't what I bargained for.'”

The newlywed husband of a Westchester, N.Y. woman who lied about having leukemia to get a free wedding dress and honeymoon has filed for divorce.

Michael O’Connell told the New York Daily News that he is “disgusted and outraged” to discover that his bride, Jessica Vega, lied about having terminal cancer in order to evoke sympathy, not only from him but also from virtual strangers who gave the couple a free wedding and honeymoon, wedding rings and other merchandise and services when a story about them appeared in a local newspaper.

O’Connell said that Vega produced a “phony” letter from a cancer specialist confirming her diagnosis, although when he called the clinic where the letter came from, they told him she had never been a patient there. He also admitted to “slapping the fire” out of his estranged wife when he learned that her leukemia diagnosis was a lie.

The couple has a one-year-old daughter, and O’Connell’s father said his son may seek custody in the divorce. According to the news reports, Vega, who is employed as a chef in Stamford, Connecticut, has refused to admit her story was a ruse.

If you are getting a divorce in Florida and need professional help and support, contact our Jacksonville family law firm.

“Gray divorce” – the new term given to divorces that occur after 20 or more years of marriage – is on the rise in the U.S. and Baby Boomers are leading the way, according to a recent article in the Sacramento Bee.

The divorce rate among those born between 1946 and 1964 is triple that of their parents, and most relationship experts agree that the main reason is because of Boomers’ spirit of independence and “make my own way in the world” viewpoint.

Experts also say that divorce is part of the Boomers’ “value system,” having grown up as divorce lost its social stigma and became more prevalent in American society. Boomers, who have always taken the “pursuit of happiness” proviso to an extreme, are finding that once the kids are gone, there is not much tying them to their spouse anymore because interests have diverged.

And, according to one divorce lawyer quoted in the article, “There’s a lot of infidelity in that age range, a lot of infidelity.”

In addition, some experts question whether couples were really meant to be married for 50 or more years. As medical advances continue to add years to our lives, they may also be shortening our marriages.

A new study of relationships has found that if a woman earns more money than a man, both will be more likely to cheat.

Cornell graduate student Christin Munsch studied the results of a national survey, tracking 9,000 people between the ages of 17 and 27. She found that men who make less than their female partners or wives feel a “gender identity threat” that made them more likely to cheat because of feelings of being powerless.

Women who make more than their male partner are also more likely to cheat, the study suggests, because having a higher income may make them feel they have more power to do what they want.

In addition, the study found that infidelity also increases when one partner makes a lot more money than the other, regardless of gender.

A Bloomberg BusinessWeek article on the study quoted a Rutgers anthropologist as saying it makes sense that men who earn a lot more have more opportunities to cheat, since from an evolutionary perspective, women look for mates “who are on top of the pile.”

Munsch, who presented her findings at the annual meeting of the American Sociological Association, pointed out that the increased risks in the study were relatively small, and that other lifestyle factors – like regular religious observance and having a college education – can lower the risks of infidelity.

If you are contemplating a divorce in Florida, contact a Jacksonville divorce attorney to learn about all your options.

A New York Times columnist calls it “divorce porn” – married people’s fascination with the lives of the divorced.

In his Family Matters column for the Times, Bruce Feiler commented on the dichotomy of divorce in America these days: while the divorce rate is the lowest it’s been in three decades, a lot of our popular culture seems to be obsessed with divorce.

To wit: the big adult movie of the summer is Eat Pray Love, based on Elizabeth Gilbert’s bestselling novel that chronicles her own journey of discovery after a divorce at age 32. That book sold over five million copies. The sequel, Committed, about her marriage to her second husband, has only sold 200,000 copies.

One of the most popular TV shows – Mad Men – has a divorced couple as two of its main characters. The hottest show on Broadway – Promises, Promises – hinges on infidelity and divorce. And American celebrity culture has served up a heaping helping of “divorce porn” this year via Tiger Woods, John Edwards, Sandra Bullock, Kelsey Grammar, Susan Sarandon, Al Gore and others who have graced the covers of People magazine.

Feiler hypothesizes that fantasies about escaping marriage are common to every couple, and that we seem to have found a cure: rather than going through the pain of an actual divorce ourselves, we can “scratch the itch” by watching others do it.

Women who are over the age of 50 and earning more than $100,000 a year are much more likely to divorce than men of the same age and income category.

A U.S. Census Bureau study – 2009 America’s Families and Living Arrangements – shows that 11.85 percent of American women aged 45-49 and earning over $100,000 a year are divorced, but that number almost doubles to 22.45 percent at age 50-54.

For men of the same age and income bracket, the divorced percentage drops from 8.4 percent for those aged 45-49 to 6.61 percent for those aged 50-54. Also, as men’s income climbs, the divorce rate drops, but for women, it’s the exact opposite – as their income grows, so does their divorce rate.

Many relationship experts believe that because marriages today are based more on love and compatibility than economic security, once women are financially secure, they tend to shed mates who no longer meet their emotional needs. As their incomes rise, their priorities change from focusing on food and shelter to finding fulfillment, either in new relationships, work or hobbies. And while studies on happiness show that money doesn’t buy it, money does allow women more freedom to pursue it.

We all know that viruses cause colds, so we avoid exposure to viruses. But what are some of the common risk factors for divorce?

Lack of support – Constant criticism, lack of respect and failing to provide emotional support to a spouse is a common cause of divorce.

Ill health – When one spouse becomes seriously ill, it sometimes places unbearable strains on a marriage. The idea of “in sickness and health,” is a good one, but the reality is that a healthy person married to a sick person usually becomes a divorced couple.

Addiction – Living with an addict – whether it is drug, alcohol or (very popular these days) sex addiction – puts an insurmountable strain on a marriage. In addition, exposing children to an addict is often reason enough to send a straight spouse straight to divorce court.

Income inequities –Studies have shown that when men are married to women who out earn them, the incidence of divorce is higher.

Marrying young – Getting married at a young age leaves many couples susceptible to the notion that they have “missed out” on many life experiences. And when children come along early in a young marriage, it only compounds the problem.

The 5th Texas Court of Appeal in Dallas has just handed down a ruling regarding a gay couple that wished to obtain a Texas divorce: forget about it.

The appeals court said that a Dallas district court judge was in error when she ruled that she had the authority to hear the divorce case of two Dallas men who married in 2006 in Massachusetts. The court said that Texas courts lack the legal authority to grant divorces to same-sex couples because of the state’s constitutional ban on same-sex marriages.

The Texas constitution states that a valid marriage is a union between one man and one woman, and only when that union exists can a divorce be granted. Even though the same-sex marriage ban has existed under state law, Texas voters passed a constitutional amendment banning same-sex marriage in 2005 by a three to one margin.

Dallas district court judge Trena Callahan had originally ruled that Texas could not limit marriage to a man and a woman, but the appeals court overruled her, saying that the limitations were constitutional. They sent the case back to Callahan, who must vacate her order.

Attorneys for the gay couple said they were considering appealing the case to the Texas Supreme Court, but no decision has been made yet.

A Queens Supreme Court justice has turned down a New York couple’s request to set aside their November 2009 divorce, telling them that they should not have wasted the court’s time and money.

According to an article in the New York Daily News, the wife, who now lives in Rhode Island, and her former husband, who remains in Queens, told the judge that they had recently reconciled and wanted him to void their divorce from last year. They told Justice Charles Markey that even if they got remarried, “we would forever be aware that a divorce judgment still exists between us.” The couple also said they wanted to avoid any religious stigma because of the divorce.

However, Justice Markey told the couple that the court “does not bow to alleged religious sentiments or convictions that may attach to divorce” and questioned whether the couple had truly reconciled since they both lived in different states. He said that it appeared their reconciliation was premature, and suggested that if they were really serious about repairing their relationship, they could take another trip down the aisle.

Legal observers said that the judge made the right call, noting that the courtroom is not a place for marriage counseling at taxpayer expense.

Many people think that the hardest part about divorce is making the decision to get one. However, the divorce process itself can take quite an emotional and financial toll if you are not prepared. Here are some tips for getting through a divorce:

Find a good divorce attorney. People who have been through a divorce will tell you this is probably the most important thing. You need to find a divorce attorney who not only knows what they are doing, but who you can trust with every detail of your life. A good divorce attorney for your best friend may not be a good divorce lawyer for you. Do your homework and find one that “clicks” with you.

Be honest. After you find that divorce attorney, be honest with him or her. One of the worst things you can do is set your attorney up for a surprise in court. This could put you at a big disadvantage and compromise your case.

Get support. Divorce is an extremely emotional time for most people, so you need to have a good support network in place for you and your children. Not just family and friends, but also professional help when needed. Don’t be afraid to ask for help; it will make the divorce process easier for you.

Be patient. Divorces take time. Many states have waiting periods, but beyond that, it takes time to negotiate all the details of your future single life, especially if there are complex issues involved.

Be realistic. A divorce court is not a venue for you to “get even” with your spouse. The more contentious you try to make your split, the harder (and more expensive) it will be for you.

A Swedish study on the role genes play in relationship bonding suggests that some men may carry what researchers have called a “divorce gene”, although they say that it does not mean you can necessarily predict whether your husband will want a divorce based on his DNA.

The study was conducted at the Department of Medical Epidemiology and Biostatistics at Karolinska Institutet in Sweden, one of Europe’s oldest and highest ranked medical universities. One thousand couples participated in the study, which was inspired by an earlier North American study on field mice that showed genetics played a part in relationship bonding.

Lead researcher Hasse Walum said that researchers examined the association between the vasopressin receptor 1a gene and bonding behavior to see if a similar pattern could be detected in humans. The men in the study who had the gene scored lower on “affection expression” than men without the gene.

Walum said that while these results were “interesting”, they do not necessarily explain why some individuals struggle in relationships. He said that researchers plan to expand the study to search for similar results in women through an association between the oxytocin receptor gene and bonding.

It may seem strange for a Florida divorce lawyer to say, but a big part of our job is to keep you out of court. Because once you go to court for your divorce, your post-divorce life is in the hands of a stranger. Of course, this stranger – a judge – is supposed to rule fairly. But judges are human. They can have a bad day just like the rest of us. The best-case scenario is not to have a divorce case in court at all.

However, if your Florida divorce case does end up in court, here is how you should prepare yourself:

Confer with your attorney and take his or her advice on how you should dress and act in the courtroom. They know this judge a lot better than you do.

Always be respectful and address the judge as “Your Honor” if you are asked to speak. Which means you DO NOT speak unless you are asked.

It goes without saying, but we’ll say it: don’t make snide remarks or get into a spat with your spouse in front of the judge.

Take careful notes throughout the proceedings but do not interrupt your attorney at any time.
Be patient. You sometimes will have to wait for your case to be called – many times, cases before you run over and you may even be asked to reschedule.

Don’t expect the judge to believe everything you say or always rule in your favor. Make sure all your arguments are backed up with as much documentation as possible.

Don’t expect the judge to “get back” at your spouse for you; that is not the purpose of a divorce trial.

You should expend every effort to settle your divorce outside the court, but if you do have to go to court, you better your chances of getting what you want by playing by the rules.

In a Florida divorce proceeding, the family courts set aside all non-marital assets and liabilities and equitably distribute all marital assets and liabilities between the parities. Therefore, it is helpful to know what constitutes a martial asset in order to determine what property you are entitled.

Martial property includes any property acquired during the marriage by the efforts of either spouse. Also, a spouses retirement account, IRAs and 401k plans may be subject to equitable distribution if that plan or account was acquired by one spouse during the marriage. Marriage is defined as the date of marriage to the date of filing the divorce.

Some concrete examples of "marital property" include but are not limited to:
1. A home, if the home was purchased during the marriage with the earnings of one or both parties.
2. A pension plan, to the extent the plan accrued during the marriage.
3. The value of bank accounts, mutual funds, etc., to the extent the funds deposited were earned by either party during the marriage.
4. Gifts between spouses during the marriage.

See Florida Statute sec. 61.075: Equitable Distribution of Marital Assets and Liabilities for the exact language of the Florida Statute.

Continue reading "What Constitutes as a Martial Asset in Florida?" »

One of the areas of confusion for clients who are getting a divorce in Florida is what constitutes marital and non-marital assets and liabilities for purposes of equitable distribution. The following is a list delineating each:

Marital Assets and Liabilities:

Assets (and liabilities) that have been obtained/incurred during the marriage, by one or both spouses;

The increased value of non-marital assets due to the actions of either spouse or because marital funds were used to add that value;

Gifts from one spouse to the other

Vested and non-vested benefits and funds (retirement accounts, pension plans, profit-sharing, annuities, insurance plans, deferred compensation, bonuses) that came during the marriage

Real and personal property held jointly, whether purchased before or after the marriage.

Assets (and liabilities) that were obtained/incurred before the marriage;

Assets acquired individually via bequest, inheritance, non-spousal gift;

All income received from non-marital assets unless that income was used by both parties during the marriage;

Assets precluded per a written agreement (i.e., pre- or post-nuptial agreement);

Liabilities incurred by one spouse via fraud or forgery.

In a first for the state of Maryland – but what may be an indication of things to come in family court – a judge has awarded joint custody of a dog to its owners in a divorce case.

Craig and Gayle Myers will now spend six months each with Lucky, a Shih Tzu mix they adopted during their eight-year marriage. The couple has no children, but considers Lucky to be the closest thing to it; apparently they found a judge -- retired Maryland Circuit Judge Graydon S. McKee II -- who agrees.

In a CNN story about the case, Judge McKee said that even though dogs are considered property in Maryland, like every other state in the U.S., “I really don’t think a dog is like a couch.”

According to the American Academy of Matrimonial Lawyers, pet custody disputes are steadily increasing. AAML president Marlene Eskind Moses says this trend could add to the congestion in the country’s family law courts, but she understands how important pets are to people, especially when they are experiencing so many other feelings of loss during a divorce.

A California-based animal rights group, the Animal Legal Defense Fund, is petitioning Congress for federal legislation to protect animal rights, including the right to have their interests represented in court and protected by law.

A new study by researchers at the University of Wisconsin-Madison’s Waisman Center has found that parents of grown children with autism have a higher rate of divorce.

Published in the August issue of the Journal of Family Psychology, the study is the first of its kind to track the marital history of parents who have adult children with autism. Its findings contradict earlier assumptions that parents of autistic children face a bigger risk of divorce during the child’s younger years.

Researchers studied 391 couples that are parents of adolescent and adult children with autism, comparing their rate of divorce with a sample drawn from another large study, the National Survey of Midlife in the United States. They found that the divorce rate for both sets of parents were relatively the same until the child reaches the age of eight; at that time, the incidence of divorce for couples with autistic children remains high while it goes down for parents of children without disabilities.

The lead author of the report, UW-Madison assistant professor of human development and family studies Sigan Hartley, Ph.D., said that the study clearly showed a “prolonged vulnerability” for divorce in parents of autistic children, primarily because there is a “lifelong profile of challenging behaviors and symptoms associated with autism.”

While money issues continue to be a leading reason couples divorce, in these tough economic times, divorce rates are actually declining.

Simply put, many people say they just can’t afford to get divorced.

Like any legal proceeding, divorce takes planning. While it may be hard emotionally to delay a divorce action, it may actually provide you with the necessary time you need to fully prepare yourself and your family for divorce, both financially and emotionally.

Here are some tips for divorce planning:

Get your financial paperwork in order. Organize bills, bank statements, mortgage statements, investment portfolios, IRAs and other financial documents to get a true picture of your financial condition.

Budget for your divorce. Determine what you are currently spending and break it out into “essentials” and “nonessentials”. Then cut that it half to see what you are likely to need for living expenses once a divorce is finalized. You will then be able to see how much you need to save or make plans for increasing income or decreasing spending.

Reduce your debt. By reducing your credit card debt now, you’ll be in a better financial position once your divorce is final.

Save. Financial experts are currently recommending at least a nine-month “cushion” of savings to see you through any emergencies or reversals like job loss, etc.

Going through a divorce is one of the most traumatic events in anyone’s life, but foresight and planning – and consulting with a Jacksonville divorce attorney -- can ease the pain for all involved.

Journalist and author Anneli Rufus recently blogged about 15 Ways to Predict Divorce at thedailybeast.com after crunching numbers from a variety of studies on divorce. Here are some of her findings:

Just by being an American, you have a 40-50 percent chance of divorcing.

If you live in a “red state”, you are 27 percent more likely to divorce. This is because red-staters get married at a younger age.

If you squabble with your spouse over money at least one a week, you are 30 percent more likely to divorce than if you argue about finances less often.

Did your parents divorce? The chances that the same fate awaits you are 40 percent higher than for those whose parents stayed married.

Does just one of you smoke? If so, you are 75 to 91 percent more likely to divorce than couples that both smoke.

Couples with a daughter are 5 percent more likely to divorce than those that have a son.
If both of you have been married before, you are 90 percent more likely to get divorced than those who are on their first marriage.

If you are a woman who has lived with more than one partner before marriage, you are 40 percent more likely to divorce.

If you and your spouse are contemplating a Florida divorce, there are some basic rules you need to know before you proceed:

Residency requirement. At least one of you must be a Florida resident for at least six months prior to filing for divorce.

Grounds. Florida is a “no fault” divorce state where most divorces are based on the grounds of “irreconcilable differences”. However, “fault” may be considered when it comes to awarding alimony or property division.

Child custody. As in other states, Florida courts decide custody issues based on the best interests of the child or children. One of the key presumptions is that having both parents involved in the lives of the child or children is in their best interests, barring any finding of abuse or unfit parenting.

Property division. Florida is an equitable division state, which means that the court will divide a couple’s property in a way that it deems is fair. This does not necessarily mean equal.

Child support. Like other states, Florida requires both parents to provide for their children, and the issue of child support is generally decided according to the financial ability and resources of each parent.

If you need more information about obtaining a Florida divorce, contact a Jacksonville divorce attorney.

A recent feature story at CNN.com chronicled the growing trend among engaged couples in their 20s and 30s to participate in premarital counseling that they hope will make it less likely that they are victims of divorce like their parents.

States have gotten into the act, too. Six states – including Florida – have passed legislation in recent years encouraging couples to attend premarital counseling by offering reduced rates on marriage license fees for those that do.

Dr. Alan Hawkins, a family life professor at Brigham Young University, was quoted in the story as saying that marriage prep education appears to be increasing nationwide. He says that no-fault divorce laws, changing gender roles and female economic independence have created a greater need for couples to work on their relationship skills in order for modern marriages to succeed.

In the past, engaged couples would usually participate in premarital counseling as a prerequisite imposed by their church. Today, however, many couples are taking a more thoughtful and planned approach to marriage, sometimes waiting years until well into their careers before tying the knot. Premarital counseling has become part of the landscape in their preparation for marriage, as many seek to avoid the divorce pitfalls that have befallen their parents or friends.

A new North Carolina insurance company – SafeGuard Guaranty Corp. --- has introduced what it is calling the world’s first divorce insurance product at wedlockdivorceinsurance.com.

Profiled in a recent New York Times blog, Safeguard says its divorce insurance is a form of casualty insurance that will cover the costs of divorce, including legal fees. The divorce insurance is sold in “units” of insurance protection, with each unit equaling $1,250 in initial coverage and costing $16 per month per unit.

To keep couples that are on the verge of divorce from buying divorce insurance to cover their expenses, the policy does not kick in for 48 months following the effective date. However, the company offers an “Accelerated Maturity Rider” that decreases the waiting period from 48 to 36 months. If you get a divorce before the maturity period ends, the premiums you have paid for the policy will be returned to you, minus any taxes paid by the insurer.

After the maturity period ends, divorce insurance benefits increase by $250 every year without an increase in the premium. The policy is renewable annually, and as long as you keep renewing it, the premium will never go up, according to the company’s website. The maximum payable benefit is $250,000.

The company also offers a Legal Separation Rider, which provides for a payment of half the face value of the policy if a separation occurs after the maturity date.

A potential downside: the policies are not covered by any state guaranty funds so if the underwriter – Prime Insurance Co. – were to go bankrupt, your policy would be worthless. The company says it plans to have future policies fall under state guaranty programs.

Before beginning – or replying to – any divorce action, people want to know how to find a good divorce lawyer. Rather than just hitting the Yellow Pages, you should consider asking friends or family members who’ve gone through a divorce to make recommendations, do some online research of divorce attorneys in your area and arrange to meet with several different divorce lawyers to see who would be the right fit for you and your circumstances.

As a general rule, you want to find a divorce lawyer who is:

A good listener – someone you can speak with frankly and confidentially and feel you can trust. Someone who returns your calls and keeps you up to date on your case.

A good problem-solver – someone who is willing to negotiate when it makes sense for you and who can structure a well-thought-out strategy for your case.

A good communicator – someone who keeps you informed every step of the way and encourages your involvement in your own case.

An experienced divorce attorney – someone who has a good track record in family law, who is respected by other attorneys and judges.

Divorce is a tough process – be sure you have the right partner going in, and you’ll fare better coming out.

While money issues continue to be a leading reason couples divorce, in these tough economic times, divorce rates are actually declining.

Simply put, many people say they just can’t afford to get divorced.

Like any legal proceeding, divorce takes planning. While it may be hard emotionally to delay a divorce action, it may actually provide you with the necessary time you need to fully prepare yourself and your family for divorce, both financially and emotionally.

Here are some tips for divorce planning:

Get your financial paperwork in order. Organize bills, bank statements, mortgage statements, investment portfolios, IRAs and other financial documents to get a true picture of your financial condition.

Budget for your divorce. Determine what you are currently spending and break it out into “essentials” and “nonessentials”. Then cut that it half to see what you are likely to need for living expenses once a divorce is finalized. You will then be able to see how much you need to save or make plans for increasing income or decreasing spending.

Reduce your debt. By reducing your credit card debt now, you’ll be in a better financial position once your divorce is final.

Save. Financial experts are currently recommending at least a nine-month “cushion” of savings to see you through any emergencies or reversals like job loss, etc.

Going through a divorce is one of the most traumatic events in anyone’s life, but foresight and planning – and consulting with a Florida divorce attorney -- can ease the pain for all involved.

A recent article in the Washington Post on interfaith marriages said that the rate of interfaith marriages is climbing, but so too is the divorce rate for those marriages.

In 2006, 25 percent of U.S. households were mixed faith, according to the General Social Survey. But calculations based on another survey – the American Religious Identification Survey of 2001 – showed that people in mixed-religion marriages were three times more likely to be separated or divorced than couples that share the same religious faith.

Many experts believe that as society becomes more tolerant and institutional ties become less important, interfaith marriages flourish. However, once couples are married and children come along, questions about how to raise them loom larger and seem more important than when they were first married. Couples who were more tolerant of differences prior to marriage become less so after being married for awhile.

A 1993 paper published by University of Illinois at Chicago economics professor Evelyn Lehrer found that if members of a mainline Christian religion marry, they have a 20 percent chance of being divorced after five years. If a Christian and a Jew marry, their chances of being divorced within five years are more than double that – over 40 percent.

Lehrer said this is because religion is much more than going to church on Sunday (or temple on Saturday) – it informs many of the activities that couples do together as well as their ideas about money, friends and professional networks, and the differences between spouses begin to add up.

Unfortunately, what they often add up to is divorce.

Continue reading "Interfaith Marriages Rising – and Failing – Fast" »

The Jacksonville Network for Strengthening Families, a city-run program that offered classes to families on preventing violence, marriage preparation and divorce prevention and that was eliminated last year when its federal grant money ran out, has been resurrected by FreshMinistries, a Jacksonville interfaith nonprofit group.

According to a story in the Florida Times-Union, independent research on the Jacksonville program showed it worked. FreshMinistries said it would continue to support the family outreach program until it can operate successfully on its own.

The Jacksonville Network for Strengthening Families started in 2005, and had served 5,000 Jacksonville area residents by 2009. Independent studies done on the program showed that it had improved family functioning and reduced recidivism for first-time juvenile offenders.
The classes, which are free of charge to participants and are conducted by volunteers, are held at the Jacksonville Children’s Commission. Classes are also taught at various nonprofits and churches around Jacksonville.

Organizers say the program, which includes courses for both married and engaged couples, will soon be offered through the Department of Children and Families and Family Support Services, and that a pilot program for first-time juvenile offenders and their families is being considered by the State Attorney’s Office.

Ikos, one of Europe’s oldest hedge funds, is at the center of a nasty divorce battle between its husband-and-wife founders, who started the company with $10,000 in 1992 and built it into a $3.4 billion financial powerhouse.

Martin Coward and Elena Ambrosiadou recently split over his affair with a 23-year-old Brazilian woman. Coward, who holds a Ph.D in math, developed Ikos’ quant trading operation, where computers – not humans -- choose trades. Greek native Ambrosiadou, formerly Britain’s highest paid female at $18 million annually, met Coward at Cambridge where she was a chemical engineering student. She went from there to BP, where she was the oil giant’s youngest international executive at age 27.

The high-stakes divorce turned particularly nasty when Ambrosiadou fired Coward’s team of researchers at Ikos, causing many investors to pull their funds in alarm and reducing Ikos’ fund to $1.35 billion. She also had police seize her husband’s jet while he was on vacation at a Greek island resort; he has since ordered his own $2 million jet and she has ordered her own nine-passenger private plane as well as a $120 million private yacht that she plans to use a few weeks a year.

Coward has left Ikos to start his own firm, leaving Ambrosiadou in control. She has attracted new investors to the fund, which now stands at $1.95 billion, according to her attorneys.

Continue reading "Nasty Divorce Rocks Major European Hedge Fund" »

With one of the highest foreclosure and mortgage delinquency rates in the nation, Florida homes have suffered devastating losses in equity over the past three years. So it’s no surprise that many Florida couples in the midst of a divorce no longer argue about who gets to keep the house – rather, the argument becomes about who has to keep the house.

Many divorcing Florida homeowners now face the possibility of being tied together not because of the children but because of the negative equity in their homes. This is because, from a lender’s perspective, both spouses are still responsible for the loan, married or not. If one spouse can qualify for a mortgage modification or refinance on their own, problem solved. However, in today’s current economic climate, this is a very big “if”.

Keep in mind, if your spouse cannot qualify for a refinance or mortgage modification without you still on the mortgage and note, do not think a quitclaim deed will absolve you of any responsibility. It will not.

Even if there is some equity still remaining, divorcing spouses will likely find it difficult to get at it when dividing assets. One spouse may find it necessary to “reimburse” the other over time as part of their divorce agreement.

A new study by Montclair State University researchers says that in marriages with a high degree of conflict, divorce is often better for children than “staying together for the sake of the kids.”

The study analyzed the results of a 10-year national survey of 7,000 married Americans and their children. Parents were first surveyed in 1987 about the level of conflict in the marriage. In 1992-93, both parents and children were surveyed and in 2001-2002, the children were surveyed again and asked about their own happiness and the level of conflict in their own relationships.

Researchers found that children who grew up with parents who argued a lot did better in their own adult relationships if their parents divorced. If the parents stayed together, the children were exposed to more years of conflict and were more likely to experience conflict in their own relationships as adults.The research also showed that in the short term, children of divorce experience a crisis period of one to two years, but then “bounce back” from the divorce. Conversely, the survey also found that adult children of happily married couples do not necessarily grow up to enjoy happy relationships themselves.

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.

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.

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.