Jacksonville Divorce Lawyer Blog

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.

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.

When Jason Jackson was two years old, his mother’s boyfriend killed her, then shot Jason in the head before shooting himself. Jason survived the shooting, but it cost him his mobility on the right side of his body.

Jason’s grandfather, Duncan Jackson, took custody of his disabled grandchild, and has refused to let Jason’s disabilities get in the way of his education or self-confidence. So Jackson enrolled Jason in Jump Start Strings, a program offered by the Jacksonville Symphony Orchestra in conjunction with Communities in Schools. Jason has learned to play the violin, and built his self-esteem through a program that focuses on what he can do rather than what he can’t.

Grandparents are increasingly taking on the roll of primary caregiver for children across the country. Census figures reveal that 8 percent of children in the US – 5.7 million –are living with their grandparents rather than their parents. Unfortunately, grandparents are usually called on to step in when violence or crime takes a parent out of the picture, like in the case of Duncan and Jason Jackson. According to the Annie E. Casey Foundation, 1.5 million American children have at least one parent behind bars, and the number of women in prison has increased fifty seven percent between 1995 and 2005.

In Jason Jackson’s case, he is very lucky to have a loving grandparent to take custody of him, and take such an interest in his well-being. You can read more about Jason’s story at Grandparents often forced to become parents, again.

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

According to Lt. Derrick Lewis of the Jacksonville, Florida Sherriff’s Office, a man named Rico McMillan was allegedly engaged in a domestic dispute with his girlfriend when he began battering her and threatening her with a gun in front of their three children. He later barricaded himself inside the home, which is on Pasco Street in downtown Jacksonville, just a few blocks from Jacksonville Municipal Stadium. He apparently allowed the woman and children to leave before he barricaded himself into the house; they were not inside when police arrived.

Just after midnight, the SWAT team arrived and became engaged in a standoff with McMillan. Eight hours later, the standoff finally ended and police were able to enter the house and arrest McMillan without incident, just as the Gate River Run was getting underway a few blocks away. He has been charged with a single count of aggravated battery.

People involved in a relationship can become very irrational when they are angry. All too often that anger can explode into violence. Even though no one was injured in this domestic violence incident, the possibility was certainly there for someone to get hurt or even killed.

If you are the victim of domestic abuse, you should seek help immediately, and then contact our Jacksonville, Florida divorce law firm.

Read more about this incident at Law & Disorder: SWAT team ends 8-hour standoff.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Henry Lisowski allegedly threatened his ex-wife with murder two years before she disappeared in March of 2008. After several months of searching for the woman, police received a letter from Lisowski saying that his wife had died and that he had thrown the body in a dumpster. Prosecutors maintain that the man killed his wife because she was taking him to court for child support. Defense attorneys claim that his wife died from falling down the stairs and Lisowski hid the body because he was afraid her death would look suspicious.

At the time of Ms. Lisowski’s disappearance, Lisowski had been ordered to pay $1000 a month in child support, and a hearing had been scheduled to determine if he had underreported his income in order to avoid paying more. It later turned out that he had underreported his income by over one hundred percent.

When questioned by police about his wife’s disappearance, Lisowski claimed that she was a drug addict and believed that the drug cartel had gotten to her. Lisowski had fresh scratch marks across his cheek when he was questioned. He also expressed no interest in taking the children into his home.

If Lisowski is convicted, he could face life in prison. See more details of the murder trial at Prosecutor: OB man killed estranged wife over child support dispute.

If you need a prenuptial agreement or are considering a divorce or separation, please contact our Jacksonville, Florida law firm for legal counsel.

Michael Snyder was missing for eight years before police found his body recently, buried in the backyard of what used to be his home. His wife, Ellen Snyder, has been charged with killing Snyder in 2002. Ms. Snyder’s attorney, Penni Adrian, is speaking out in order to dispel false rumors about her client’s motives for murder.

According to Adrian, the Snyders did not have a prenuptial agreement, and Ms. Snyder did not receive a million-dollar payout from an insurance policy on her husband’s life. Adrian continued by saying that Ms. Snyder was abused by her husband during their nine year marriage. The abuse reportedly got worse after Snyder was diagnosed with multiple sclerosis in 2001. However, according to Albuquerque police, they never received any domestic violence complaints from the couple or their neighbors.

Adrian went on to say that Snyder became involved in a sexual relationship with another man. According to police records, around the same time, a co-worker of Ms. Snyder noticed bruising on her shoulders and gave her a gun to protect herself. Soon after, Snyder woke his wife up at 3am and started a fight with her. She warned him to stop because she had a weapon, but he laughed at her. According to police, Ms. Snyder fired all eight rounds at her husband, waking her seventeen year old son. When her son saw that Ms. Snyder was unharmed, he decided not to call the police. The two then allegedly buried the body in the backyard.

Sometime later, her son began confiding in other people what had happened that night. One of those people worked for Ms. Snyder, and when she fired him, he went to police with the story. Ms. Snyder and her son both confessed to police right away, and say they feel relieved to have the truth out in the open. The case is now with the district attorney. Find out more about the case at Attorney Reveals Ellen Snyder's Story.

If you have been the victim of domestic violence, please seek help immediately, and then contact our Jacksonville, Florida law firm for legal counsel.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Florida Coalition Against Domestic Violence (FCADV) recently completed a project intended to ensure that the voices of domestic violence sufferers remain central to their work. The project was designed to capture the insight provided by survivors in order to improve the efficacy of the Battered Women’s Movement. FCADV is dedicated to giving a voice to survivors of domestic abuse, so that they can share their stories and pass on lessons they have learned.

For the project, FCADV advocates interviewed numerous abuse survivors and advocates across Florida, including Jacksonville divorce attorneys. They have published a report with the substance of what they learned. The report includes stories from 106 females and one male victim of domestic violence. The participants were fairly evenly mixed as far as the types of communities they lived in and their ages. The majority of respondents had children living in their homes. Only 18% of respondents were employed full time.

The project revealed that the two most pressing needs of survivors are for affordable housing and for a more sensitive justice system, including better educated and fairer judges, family law attorneys, law enforcement and prosecution. The next two most pressing concerns were for jobs and affordable childcare. To read the full report, visit Florida Coalition Against Domestic Violence; Survivor Listening Project Report.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

If you are having trouble in your relationship, and would like to find out more about the option of divorce, please contact our firm for expert legal counsel.

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

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

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

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

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

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

latter@woodatter.com

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

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

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

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

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

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

Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.,
wlonker@woodatter.com
In my family law practice in Jacksonville, Florida, I also practice criminal defense. I have seen an increase in the need for cross practicing in these areas with the poor economy and divorce as the issue of domestic violence is popping up more and more in my practice. Divorce is stressful enough in itself but when its coupled with a bad housing market and families facing foreclosure and unemployment, oftentimes, tempers blow. Of course, violence is never the answer and can only heighten the problems. Domestic Violence can lead to arrest, incarceration, loss of finances, probationary tasks such as batterers intervention programs and/or anger management programs. Some of these programs are 26 weeks and an expensive cost for attending. If things are getting to that level in your home or in the home of someone you know, help is out there. Please seek help at The Hubbard House if you live in Duval County or Quigley House if you live in Clay County, Florida. Our firm has a vast experience in handling domestic violence matters in both the family courts arena as well as defending those accused of domestic violence. Please call on us for advice and for the help you need at 904-355-8888.

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

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

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

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

In Florida, the Department of Children and Families (DCF)is designed to protect children. The goal is not to shatter the home, but to protect the safety and welfare of the children. In its protective role, DCF can act in more of a prosecutorial manner and rather than seeing an incident as a possible accident, they become more accusatory in nature.
Some of the consequences of DCF involvement is that they have the ability to remove children from your home pending an investigation and during the completion of a case plan, which could take from 6 months to a year, or more. If the case plan is not properly completed, then DCF has the ability to petition the courts to declare the child(ren) dependent on the state, terminate parental rights and place the child(ren) in foster care or up for adoption.
Our firm has represented numerous parents and grandparents who have faced DCF charges for putting a child or children in harms way. The reality is that DCF can have an awful impact and disruption on your family and representation is important.

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

An attorney in our Jacksonville, Florida law firm was the first attorney to get an individual's name removed from the Florida Sex Offender List based on the 2007 Romeo and Juliet Law. In Florida, criminal convictions of 17 to 18 year olds placed the tee on the Sex Offender List for having intercourse with their younger boyfriend or girlfriend. Prior to Florida adopting the Romeo & Juliet law, the law failed to distinguish between consenting teenagers and molestation of an adult with a child.
If an 18 year old, senior in high school dated a 16 year old, junior, and participated in consensual sex with that partner, the law deemed the 18 year old a sex offender or predator. Usually, the mother and/or father of the younger participant disapproved of the relationship and filed charges against the 18 year old. Upon the 18 year old's admittance of intercourse, the teen would be convicted and required to register as a sex offender for the remainder of his/her life and face the day-to-tay difficulties of any other sex offender.
In July 2007, the Florida legislature passed Florida Statute 943.04354, the Romeo and Juliet Law. Persons may qualify to petition for removal from the sex offender registry if prior to the enactment of this law, teenagers were convicted of a violation of a Sexual Battery under Florida Statute 794.011 or convicted as a Lewd and Lascivious person less than 16 years of age, under Florida Statute 800.04 . Under both of these laws, the teen was required to register as a sexual offender SOLELY on the basis of a conviction for one of those offenses. A harsh punishment for someone less than 4 years older than the "victim" that was their boyfriend or girlfriend at the time.
Many laws are not retroactive, meaning they do not change what has been done in the past, however, the Romeo and Juliet Law can sometimes be used to remove individals that were victims of the old law, from the Sex Offender list . Contacting a Florida lawyer is the first step to detemrining whether you or someone you know qualifies for name restoration.

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

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

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

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

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

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

For many years, the courts in Florida have embraced the idea that a child of divorced parents should enjoy the input and direction from both parents, not just the parent who has “custody.” So, under Chapter 61, Florida Statutes, the court will typically require that the divorcing parents have “…shared parental responsibility.” Sometimes this is loosely referred to as, “joint parental responsibility,” or at least what that’s what the parents “hear” when they hear “shared parental responsibility. But this does not mean “joint custody.” Joint custody is where each parent has “custody” of the child for roughly equal lengths of time. This is not usually favored by Florida courts, as it often becomes impractical, especially if the parents live too far apart, or even in different school districts, much less different cities. Also, as children grow, their circle of friends and social interests expand, which can be compromised by their going back and forth between parents like a ping-pong ball. So, “shared parental responsibility” or even “joint parental responsibility” is not the same thing as “joint custody.”
With “shared parental responsibility,” both parents keep full parental rights and full parental responsibilities. Section 61.046, Florida Statutes. This also means that the parents must consult and confer with each other on matters concerning the welfare and best interests of the child, especially on major decision. When it comes to medical care or education, these decisions should be made jointly, if possible, after the parents have consulted each other. However, sometimes a court will split these areas of responsibility between the parents. Section 61.13(2), Florida Statutes.

In a typical divorce case, the child’s “primary residence” is deemed to be with one parent, who is granted the “primary residential care” of the child. This parent is usually referred to as the “custodial parent.” Sections 61.046(3), 61.13(2)(b) 2.a., Fla. Statutes. Not surpisingly, the other parent is usually called the “noncustodial parent.” Section 61.046(10), Florida Statutes. But none of this labeling changes the basic fact that the parents usually share in the parental rights and responsibilities for the child.