Articles Posted in Divorce / Dissolution of Marriage

School-Building-300x280Back to school is an exciting and hectic time for families. New school, new classroom, new teacher, but what if the same old situation exists with your co-parent where communication has hurdles, challenges, and yes disputes? Some families seem to do it seamlessly, by splitting the supplies list, attending orientations together, and sharing in the excitement of a new beginning. Others have more difficulty.

How can you help your children prepare to return to school with an uncooperative co-parent? First, know your parenting plan. Reading and comprehending the Parenting Plan entered in your case defines your timesharing, responsibilities, share of expense, and how the academic calendar affects your co-parenting relationship. These orders are typically routine and frequently addressed issues are set forth, and the order should provide guidance to navigate the path back to school.   At times, however, nuances and inferences can lead to issues where parents can find themselves disagreeing over simple issues. Speaking with an experienced family law attorney at the law firm Wood, Atter & Wolf, P.A. to assist you in understanding what your rights and responsibilities are can provide invaluable guidance for the benefit of you and your children.  At Wood, Atter & Wolf, P.A., we have been On Your Side – At Your Side since 1957.

Second, start planning early. The academic calendar for your county is readily available on the school district website. Each year has slight changes and every county is different. It’s important to look at the upcoming calendar, school supply list, and be informed so that you can be prepared for discussions regarding your children’s enrollment.

Social-Media-Icons-300x258Summer vacation is a great time for making memories and posting online to show off the special time you shared as a family on social media. But sometimes, the posts that spouses or former spouses post on social media can come back to cause problems for your divorce or post dissolution case. When parents get divorced, sometimes communication becomes less about talking about the issues facing the two people splitting up and more about building a Florida family law case. This is problematic, especially when there are children that can get caught in the middle of two adults fighting. Anger can also be a strong motivator for you or your former partner to start trolling the internet looking for information to use against each other.

While in the past, scorned partners could speak ill of the “bad partner” to friends or co-workers to garner support, social media has changed it so an angry former partner now has a global platform to spread dirty laundry, even if it’s not true. Worse than that, photos or postings can be taken out of context only to make a person look like they are doing things that are not even accurate.

The effect of social media has certainly spilled over into Florida legal cases involving divorce, modification, child support, child custody, parenting plans, relocations plans, and other matters.  Technology has also affected how things are done.  Now, a child can be called and tracked on a mobile phone.  As such, both social media and technology can be a tool and can also be a weapon in the context of a contested family law matter.  Based in Jacksonville, Florida, the law firm Wood, Atter & Wolf, P.A. can connect you with a family law attorney in the practice to advise you and represent you in divorce and post divorce family law matters.

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When spouses separate and the Florida divorce is final, one party usually takes full ownership of the marital home. For one party to have full legal title to the, now, former marital home, the other party must sign a quit claim deed transferring his or her interest in the property to the other party.

Based in Jacksonville, Florida, the law firm of Wood, Atter & Wolf, P.A. is experienced in disputes and issues regarding the marital home and the failure to pay the mortgage payment.  Certainly, any issue regarding the former marital home and the stability of the living environment should be addressed in a timely manner through legal representation when necessary.

If the spouse living in the former marital home is not the only spouse listed on the note with the lender (bank), then that possessing party must either refinance the note in order to remove the other spouse or obtain a new loan solely in the possessing party’s name. Usually, the parties will agree that whoever remains in the Florida marital home will refinance the home but the court can also order a party to do so or, at least, attempt to do so. It is ultimately the decision of the lender to agree to refinance the note and mortgage and remove one of the parties from the original agreement. Often, the lender will not agree to refinance the home; therefore the spouse who was awarded the home must obtain a new loan to pay off the existing loan. In order for a party to obtain a new loan, the party must qualify for such a loan according to each lender’s terms and requirements. Usually when a couple purchases a Florida home, the amount of the note and mortgage is based on individual’s income. Being recently divorced and not having that second income may make it difficult to obtain a new loan for the same house because the debt to income ratio that lenders look at and rely on has now changed.

https://www.jacksonvilledivorcelawyerblog.com/files/2017/07/06.-Wedding-300x181.jpgWho watches the television show “Married at First Sight?” (I’m raising my hand if you can’t see me.) For all the fans out there, you know that Season 4 of “Married at First Sight” took place in Miami, Florida. Out of the three couples that married at first sight, one couple decided to get divorced at the end of the show. Well, that particular couple decided to get divorced after the honeymoon but the divorce did not take place until the experiment concluded.

As the experts say from the beginning of the show, the marriages are real and so are the divorces. Even though the couples may only be married for eight weeks, they still must go through the same steps as the general public in order to have their divorces finalized. Most likely, for Season 4 couples a simplified dissolution of marriage, as the Florida courts call it, is all that is needed to divorce the couples.

A simplified Florida divorce has a few requirements which each couple of “Married at First Sight” meets. I am sure the show screens their participants in accordance with these requirements. First, the couple must both agree to use the simplified divorce procedure. If one party decides that he or she does not consent to the simplified divorce procedure then the parties must follow the more traditional route for getting divorce.

Military-Divorce-Florida-300x264The attorneys and staff at Wood, Atter & Wolf, P.A. respect and salute our military and their families here in Jacksonville, Florida. This is not only because they are serving our country and protecting all of us, but also because during their time in Jacksonville, military families are vital members of our community. As with any Florida family, military families face difficulties, but the issues they experience are unique as the life of service member and their family presents different challenges. Additionally, obtaining a family law attorney who is experienced in Florida and Federal law, as it applies to military divorce is a must to ensure that your divorce is handled in the most appropriate way.

Based in Jacksonville, Florida, the attorneys at Wood, Atter & Wolf, P.A. represent clients in family law matters that relate to divorce, child support, alimony, adoption, modification, custody, visitation, time sharing, and other issues.  Since 1957, Wood, Atter & Wolf, P.A. has been serving its clients in North Florida including the counties of Duval, Clay, Nassau, Baker, and St. Johns County.

First, laws such as the Soldiers and Sailors Civil Relief Act, 50 UCS §521, as applied with Florida law, allows for the protection of a service-member from being found in default of an action during his or her active duty, and up to 60 days after, so that the military spouse is not found in default while serving our nation. This protection may be waived by the service-member, if they so agree.

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Fla Stat. §61.08(4) provides statutory guidelines for Florida courts to consider when evaluating importance of the duration of a marriage as a factor for alimony consideration.  In order to categorize the duration of marriages, courts look from the date the marriage began until the date one of the spouses filed for dissolution of marriage. According to the statute, short term marriages are marriages under seven (7) years, and long term marriages are all marriages that last longer than seventeen (17) years.  However, there is a “gray area” in the 10-year gap between these years. The marriages falling between the seven (7) to seventeen (17) year marriage lengths are known as marriages of “moderate duration.”

Categorizing the duration of a marriage is important. The court looks to a multitude of factors, found in Fla. Stat. §61.08 (2)(a-j), when considering the amount and the duration of an alimony award. A marriage categorized as a marriage of moderate duration is particularly important when considering an award of permanent alimony.

If a marriage is a long term marriage, as defined in the statutes, the marriage has with it a presumption in favor of a permanent alimony award. If after the court considers all other alimony factors and finds that no other alimony type would be proper, permanent alimony can be awarded. Whereas, a short term marriage would absolutely not have that same presumption. For a permanent alimony award in a short term marriage the court would have to find that exceptional circumstances exist to support such an award. Whereas, a moderate term marriage is open to a permanent alimony award also, but a higher standard of proof is necessary when awarding permanent alimony in cases of moderate duration marriages. Clear and convincing evidence as to the alimony factors must be presented to the court to prove  that the receiving spouse is entitled to alimony.

Florida is a no-fault divorce state. What this means is that the Florida court judges do not need to hear testimony or be shown evidence to support that one party caused the breakdown of the marriage or that the breakdown of the marriage occurred as a result of certain indiscretions, such as adultery, in order to grant a divorce. While Florida may be a no-fault state, the courts must still find that a marriage is “irretrievably broken” or that a mental incapacity has existed for a period of three years, Florida Statutes 61.052, before a divorce will be granted. Often times parties move for the grounds of irretrievably broken to seek their divorce. While the assumption can be made that anyone who goes through the tiring divorce process must being doing so because the marriage is irretrievably broken, the court must still be presented with evidence to support the status of the marriage as broken.

Parties are often surprised to discover that even in instances where they have agreed upon the terms of their divorce, filed a petition, sought legal counsel, drafted parenting plans, taken the parenting course, and agreed upon property division the judge is still able to reserve on granting the divorce until a later date, order counseling, or if minor children are of the marriage the judge may issue an order in their best interests if the judge sees fit. The judge can order the previously mentioned results in instances when one party responds to the petition that the marriage is not irretrievably broken, or in any instances when the marriage involves minor children. While this may not be the result divorcing parties desire this allows the courts to attempt at giving the parties another opportunity to reconcile for the benefit of themselves and/or the minor children. While reconciliation may not be in the best interest for the parties and the children in all instances the reservation of this power allows for an outside party to evaluate the circumstances and in some cases save families from a path that is not in their best interests. While the court reserves this power, it should be noted that it is not very often that the court does not move forward with the divorce proceedings.

If you have found yourself recently served with a petition for divorce and you believe that your marriage can be retrieved, you must inform the court in your initial responsive pleading that you deny the marriage is irretrievably broken. Answering a petition for divorce by denying the grounds of irretrievably broken will not guarantee the court will not grant the divorce. But, it may give your family one last chance at counseling, or allow for the passage of time to allow for you and your spouse to reconcile. Contact Wood, Atter & Wolf, P.A. today to discuss your Florida divorce.

 

Divorce is often time filled with emotional turmoil.  Spouses are splitting up the property, the conversations can be heated, and at times children are thrown in the midst of this evolving chaotic environment. As an attorney I hear a variety of reasons attributed to the breakdown of a marriage. Often times finances, differing parental styles, general disdain, and infidelity cause irreparable rifts in even the most stable marriages. Contentious spouses come into my office constantly waiting to bring up every flaw and every wrongdoing of the other party. While an attorney’s office may be the first place many clients feel they can unload the weight of the marriage dysfunction, the courtroom is also a common place clients want to unload this weight, even though it may be to their own detriment.

Although the goal for the angry spouse seems riddled with vengeful desires, a skilled divorce attorney in Jacksonville would utilize caution and tact before bringing up the allegations made between the spouses in open court. An attorney must exercise judgment and apply the statutory considerations to every situation that arises. Whereas, one spouse may find it important to mention to the court that since the separation the other spouse has begun dating or that one spouse is engaging in a same sex relationship. A skilled attorney knows that while both of these situations stir the emotions swirling around the divorce mentioning these facts to the court may not be of the utmost importance.

Florida is a no-fault divorce state. This means under Florida family law  if a party is seeking a divorce they do not have to prove specific grounds, other than that the marriage is “irretrievably broken”, for the court to grant the divorce. While the court may not care to hear of the other party’s indiscretions for the sake of deciding whether or not to grant the divorce, the court may be interested in these facts when considering other facets of the case. For example, the court may consider extramarital affairs and conduct of the other spouse when making a determination as to alimony and timesharing of the children. The court may consider a party’s extramarital relations if those relationships were conducted in a manner that caused harm to the child or marital funds were dissolved by the other spouse to maintain that extra-marital relationship.

“I can’t take this anymore, we must get a divorce!” “Well, I’m not leaving.” This dialogue, to the extent there is any dialogue at all, is common prior to and during a Florida divorce case otherwise known as a Florida Dissolution of Marriage.  This conversation then leads to the following question:  Which spouse remains in the marital home during the pendency of a Florida divorce?

During a Florida divorce there are so many moving pieces and areas filled with uncertainty. Some divorcing couple move into separate residences prior to either party filing for divorce. Yet, there remains the other group of couples who are still living in the same home at the time of the initiation of the divorce proceedings. If one party does not voluntarily choose to move out of the shared residence, and the parties do not wish to continue to live together, who gets to remain in the home under the dissolution / divorce laws in the State of Florida? When real property or a leasehold is jointly titled to spouses both spouses have the right to the use of the owned or leased property, until a temporary order of exclusive use and possession or an ordered injunction placing restrictions on one spouse’s 1122707_divorceuse is entered by a judge. If both parties remain in the home upon the filing of divorce, and neither party wants to budge on moving out of the home, the courts can be brought into the equation to have a neutral party make a ruling regarding who is to remain in the home. The court does not automatically get involved regarding who remains in the residence unless the appropriate motion is made by one of the parties to the divorce. The obligation of the parties and a Florida family law judge’s involvement in making a determination as to who is to remain in the residence is contingent upon a wide variety of factors. There is no simple answer to the question of who will stay and who will leave. The burden of proving that the other party should vacate the premises will be on the party making the motion. The court will consider the numerous factors and make a ruling based on Florida law and equity.

If you are leasing property together and the name of both spouses is on the lease both parties have the legal right to remain in the home, but that’s not always the ideal situation in the midst of a divorce. The lease is a separate agreement with yourself and the owner of the property. More likely than not the contract does not include a clause allowing you to dissolve the lease agreement as a result of your pending divorce. The obligation due under the contract will still remain. Even though you do not own the property in question the court still may rule on who has exclusive use and possession of the leased premises. While the court has the authority to make this ruling this is still an arrangement that should be discussed with the owner of the property so the appropriate changes can be made to the lease agreement and access can be restricted to the non-possessing spouse.

282848_law_library-1.jpgIn a Florida divorce, post divorce or paternity case, there may be times the case is referred to a general magistrate instead of the judge. Often, a general magistrate’s calendar is more accessible than the judge’s calendar due to volume of cases. The magistrates have the power to listen to cases and make a ruling based on the evidence presented, which then must be provided to the judge before being entered as a court order. Therefore, the judge still has control over the case, but the magistrate is helping move the cases along.

A referral to a magistrate is generally done for temporary needs hearings, which is when a party is requesting a temporary order be entered with the court until the final hearing so that each party has what s/he may need to get to a final hearing, like child support, alimony, or use of the home. The reason is that the judge may not be able to get the parties in for a longer period of time and the magistrate can generally see them in a couple of months. It is also common for the case to be referred to the magistrate when a lawyer does not represent one or both parties.

How does a case get referred to a general magistrate? When certain documents or motions are filed with the court, the court may tag them to be referred to the magistrate instead. For example, when a party files a Motion for Temporary Needs, the judge may sign an order referring the case to the magistrate’s office. When that happens, both parties receive a copy of the order and have ten (10) days to object to the transfer. In Florida, use of a magistrate has to be by consent, so if one party objects, then it will not go to the magistrate but must be heard by the judge instead. This may mean that the hearing is postponed for a time to correspond with the judge’s calendar.