Articles Posted in Divorce / Dissolution of Marriage

Written by: Lenorae Atter, Attorney at Law

When you file for divorce in Jacksonville and other cities in Florida, there is a standing court order that gives rules to the parties. The order requires that the parties not dissipate (i.e. selling, eliminating, etc.) marital assets. So, if you are married and then file for divorce and think that you are going to drain the bank account or sell your car for $1, you are sadly mistaken if you believe there will not be consequences.

In a Florida divorce, the court may actually look at marital assets and determine what the value of the assets are at the date of separation. However, the court also has discretion to go back further than two (2) years from the date of filing for divorce, if it can be shown that one of the parties hid assets or destroyed assets in anticipation of marriage. In a divorce, you are required to provide bank statements, financial statements of investments, and much more. In that discovery process, if it is shown that a spouse hid assets before the date of filing for divorce, then that spouse could be on the hook for reimbursing the other spouse 50% of the total value of that asset.

Written by: Lenorae Atter, Attorney at Law

In a Florida uncontested divorce many people decide to draft papers on their own without meeting with or hiring a lawyer. With the invention of Internet forms people often believe that their divorce will be less expensive and go faster if they do not use a lawyer. Often, this is not the case. The fact is that you would most likely not fix your transmission unless you were a mechanic and you would most likely not perform your own surgery, even if you were a surgeon. So, why is that people thinking that they will do a better or equal job to an attorney in drafting their own documents for divorce? The answer most likely boils down to expense, but what happens is that such a money saving experiment can cost you thousands of dollars in the end, and sometimes substantially more than you would have paid initially. Why? Because often parties think that they are being reasonable, but really they are creating more problems for themselves.

For example, a married couple decides to divorce. The Wife has been the primary breadwinner during the marriage and it’s a 20-year marriage. The Wife, in trying to be nice and to work things out to just get the divorce done, decides to buy Husband a house. Wife later starts making less money and realizes that she cannot afford to buy Husband a home. Once that occurs, Husband may file an action with the court to require that Wife do what was previously ordered. Husband then decides to hire an attorney since he really needs the house and needs Wife to provide it since he does not have the credit history and established income to afford a house of his own. Wife then hires an attorney because she does not want to be held in contempt by the court and honestly feels that she does not have an ability to buy a house for Husband.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Deciding to use your own agreement in a Florida divorce can be more costly than what you originally budget. Florida is a “no-fault” divorce state and the parties are able to receive half of everything accumulated during the marriage, including retirement; therefore, many people they can handle their own divorce with a form they find online or at the courthouse. While I am a family law attorney in Jacksonville, Florida, my interest in providing the “why not” to a DIY divorce is not related to my bottom line, but yours.

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Divorce can sometimes seem like a four-letter word because often one spouse wants the divorce and the other has not quite reached that point. In Florida, filing for divorce does not require much more than living in the state for at least six months prior to filing and a claim that the marriage is irretrievably broken. While some states require a separation period before the parties can divorce, Florida does not. Some states require that the couple attend marriage counseling for a set period of time before filing, Florida does not. So, where does that leave the spouse that does not want to get divorced while the other is pushing for it? As a divorce lawyer in Jacksonville, this is a question I am often confronted with by clients and the answer is never a simple one.

Written By: Lenorae C. Atter, Attorney at Law

Child support, alimony, financial accounts, visitation, and the marital home are factors in a Florida divorce, but are also factors when first separating from you a spouse. When separating from a spouse there are many questions that often arise, including who will stay in the house, how bills will get paid, etc. The other question that faces many couples is when child support should be paid and how much child support will be. As a Jacksonville divorce lawyer, I have many clients that need information about how to proceed once the choice is made that separation is necessary. If you decide to file for divorce, then you can also file an action with the court to address these issues on a temporary basis until the court can finalize the divorce. The idea is to get from point A, the filing of the divorce, to point B, the end of the divorce.

How do you have temporary needs established in a divorce? When you file for divorce in Florida, the other party has 20 days to respond to the petition. While you can file a Motion for Temporary Needs to request the court provide you with child support, spousal support, the home, etc., it cannot be scheduled for a hearing until either the 20 days expires or the other party responds to the petition, whichever occurs first. Once your spouse responds to the petition, the motion can be scheduled for a hearing. The hearing will either be held in front a court magistrate, which is allowed to hear cases and provide a ruling to a judge, or the judge him/herself will hear the motion.

Written By: Lenorae C. Atter, Attorney at Law

If you want to hire a divorce lawyer in Jacksonville or another Florida city and your spouse controls the money accounts, then how do you pay for a divorce attorney? Paying attorney fees is a common issue in a Florida divorce because often, during a marriage, the parties separate responsibilities and one spouse may be in charge of the finances while the other may have different responsibilities. When that happens, hiring an attorney can seem challenging for the spouse that does not have direct access to the accounts, especially when they already separated and the other spouse is keeping funds from the joint account.

First, setting up a consultation with a law firm may be challenging if you do not have funds readily available because many divorce lawyers require a consultation fee. The consultation is designed to allow the attorney to meet with you, normally for an hour, to discuss your case and provide you with legal advice and options regarding your specific divorce needs. The consultation fee is generally required because the attorney bills at an hourly rate and you are securing your hour by paying for the lawyer’s time. Also, the consultation allows for the attorney to determine what your divorce may cost and what to charge for an actual retainer. So, if you are not in control of your finances, how can you schedule and pay for a consultation?

Written By: Lenorae C. Atter, Attorney at Law

In Florida, when dealing with divorce and post divorce matters numerous issues may come into play, including inheritance. In a divorce, marital properties, assets and debts are subject to equal division between the spouses. So what if one spouse has inheritance monies, properties or other assets? Also, if alimony is based on need, then if a party is most likely going to inherit funds or has already, then does that get calculated into determining whether alimony will be paid and how much? As a Jacksonville divorce attorney I find that many clients are concerned about inheritance and whether things that they received or may receive from a loved one, can impact their divorce.

The division of marital property, assets and debts is based on what was accumulated during the marriage by both parties. However, when someone passes away they may make one spouse a beneficiary to money, property or other assets. When this occurs, where the items go will generally tell you how they will be divided. For example, Jack and Jill are married and while they are married, Jack inherits $50,000 from his relative. The money is kept in a savings account with only Jack’s name on it and is not used for the couple’s living expenses. Jill files for divorce and lists that she wants one-half of the $50,000. Most likely, since the money was not co-mingled (i.e. placed in a joint bank account or used to enhance their lifestyle together), then the money is most likely going to be considered non-marital and will go only to Jack. Had Jack put the money into a joint account or used the funds to benefit them both, then it may be ruled marital funds.

In a case involving alimony, the rules are a little different. In Florida, alimony is based on the need of a spouse, the marital lifestyle, length of the marriage, etc. Well, if one is the beneficiary of money, then the need or ability to pay is lessened. For example, Jack and Jill are married and Jill inherits $100,000 from a relative. Jack and Jill decide to divorce and Jill wants and claims a need for alimony. Well, if the inheritance is considered a non-marital asset, which Jill will take all of, then she has $100,000 available to her immediately. Jack may still have to provide some form of alimony, depending on Jill’s actual needs, the length of the marriage, and Jack’s ability to pay alimony. However, the fact that Jill has some funds available to her will most likely be factored into what her actual needs are. If Jack and Jill have been living on $400,000 per year, then $100,000 is not going to necessarily provide for her needs in the long-term.

If the parties already divorced and Jack was ordered to pay Jill alimony, then Jill inherited money the court may modify the alimony. In Florida, alimony is modifiable unless the parties agree to non-modifiable terms in their final divorce order. If Jack has been ordered to pay Jill alimony and she inherits enough money to provide for her needs for the rest of her life, then Jack may ask the court to modify or terminate alimony. Again, the court looks at the needs of the parties, and if Jill’s needs changed, then she may not qualify to keep alimony now or in the future.

If you are going through a divorce, you should speak with an experienced family law attorney to help you better understand your rights and options.

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Written By: Lenorae C. Atter, Attorney at Law

As a Jacksonville, Florida divorce lawyer, often I am asked how someone can divorced if they do not know where the other spouse is living. Florida does have a residency requirement that at least one party has to reside in Florida for at least six (6) months prior to filing for divorce, but what about the other spouse?

If one spouse lives in Florida and the other’s whereabouts are unknown, does that mean that the parties cannot get a divorce? No. For example, Will and Diane were married and living in Florida before they separated. Once they separated Diane stayed in Jacksonville, Florida and Will moved without telling Diane where he was going. They have not communicated since their separation and now Diane wants to get a divorce. If Diane lived in the State of Florida for at least six (6) months prior to filing for divorce, then she can file in a Florida court. However, since she does not know where to have Will served, Diane will have to file an affidavit with the court and swear to the court that she has done a diligent search and cannot locate her husband, Will.