Divorce / Dissolution of Marriage

April 27, 2009

Florida Annulment: Voidable Marriages — Florida Divorce Law

Florida has annulments, but they are not governed by Florida Statute or law. As a family law attorney in Jacksonville, Florida, I can honestly say that annulments are rare. Annulments are most common in religious settings mainly because a church will sometimes require one from its divorced members. However, getting a court to sign off on an annulment requires a number of steps to be shown or proven to the court.

In Florida, there are only two ways to be granted an annulment, either by showing the marriage is void or showing it is voidable. While they are similar words, they are very different terms. For purposes of this article, I am focusing on the voidable scenario.

A voidable marriage is one where the parties may present to the court that their marriage is invalid for one of the reasons below. However, if the marriage is consummated (marital relations take place) any time after learning of the voidable action, then an annulment is not possible. The following are the forms and explanations of a voidable marriage.

April 24, 2009

Florida Annulment

By Erlinger Family Law

A Florida Annulment is not a common practice in family law, but they do occur. Florida divorce attorneys do not see annulments on a regular basis because the standard of proof is very difficult to achieve. Recently, I was successful in getting a fraudulent marriage annulled in Jacksonville, Florida. The facts the case were perfect for showing that the marriage was based on fraud by one party against the other, however, that is typically not the case.

For those who don’t really understand what an annulment does, other than allow you to take communion in a Catholic church, it actually makes it as if the marriage never occurred. It’s not a divorce because it completely works to put the parties in a position as if the wedding, vows, etc. never occurred. They are granted only if the marriage is void (one party still married to someone else) or voidable (induced by fraud) and not consummated after learning of the fraud.

A divorce, on the other hand, is the recognized ending of an intact and valid marriage. A divorce is often an important action when there are children born of the marriage, even if the marriage was voidable at the time. The reason for that is because the parties do not want it to appear as if their child was born out of wedlock.

April 22, 2009

Alimony in a Florida Divorce

By Erlinger Family Law

Florida Statutes 61.08http:/” target=”_blank”governs the factors the courts can use to determine an award of alimony in Florida. However, in Florida, there is no formula for calculating the amount of alimony that could be awarded to any party like there is in calculating a child support obligation.

The main factors considered are the following:

1. The length of the marriage.

April 13, 2009

The Taxation of Health Benefits in Florida: How It Will Affect Family Law & Children’s Health Benefits

By Erlinger Family Law

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

April 13, 2009

Laid Off Florida Dad Left with $200 Per Month After Child Support Payments Were Increased by Court

By Erlinger Family Law

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

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

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

April 10, 2009

Florida Divorce In A Bad Economy

By Erlinger Family Law

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.

April 8, 2009

Parental Alienation a Problem for Children of Divorce

By Erlinger Family Law

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

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

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

April 3, 2009

Florida Domestic Violence: Men Can Be Victims Too

By Erlinger Family Law

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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.

April 1, 2009

Florida Child Custody Evaluations

By Erlinger Family Law

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

March 30, 2009

Florida Relocation: Florida Visitation

By Erlinger Family Law

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

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

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