As a Jacksonville, Florida Injunction Attorney, I am often asked about the affects of injunctions in Florida. The Courts acknowledge that people who are in domestic relationships have the ability to ask the court to enter an injunction against a party where there is violence in the relationship. An injunction…
A story from Indiana recently went viral on the Internet. It was about a woman who created a fake Facebook profile to befriend her ex-husband, David Voelkert, and get “dirt” on him to use in the couple’s custody battle. The woman thought she struck gold when her ex-husband told his…
As a Jacksonville Adoption Attorney, I am often asked whether a spouse’s new husband can adopt a child from a previous marriage. The answer is yes (in most cases). It is important to note that this will alter any prior child support obligations. Florida law stipulates that upon the adoption…
According to Florida Law, an individual seeking a divorce must be a resident of the state for 6 months prior to filing for divorce. While some states have an additional divorce waiting period to make sure couples are absolutely certain about ending their marriage, Florida has no statutory waiting period.…
Whether or not an asset is “marital” or “nonmarital” is often a key issue in a divorce. Marital assets are generally considered jointly owned by both husband and wife, and it is usually up to the court to decide how those assets will be distributed. Nonmarital assets, however, are considered…
If you live in Jacksonville, you’ve likely heard of Cristian Fernandez, the 12-year-old charged with first-degree murder of his 2-year-old brother. You may also have heard that Cristian’s mother, Biannela Susana, is being charged with negligent homicide. It is alleged that Ms. Susana was not at home at the time…
Florida Law is very specific as to when a marriage license may be issued to persons under 18 years of age. Generally, a minor must be at least 16 years old and obtain written parental consent before a marriage license will be issued. For minors under the age of 16,…
This question has a classic legal (i.e., frustrating) answer: yes and no. Basically, you don’t need to be physically separated –you can even live under the same roof– but you cannot cohabitate. This means you have to show some defined rules of separation in your home (separate sleeping arrangements is…
There are obviously many considerations that revolve around the decision to get a divorce. How a marital split will affect your children is likely on the top of that list, as it should be. Divorce has a profound effect on kids, and it’s important you try to proceed with your…
Late last year, a Florida appeals court declared unconstitutional a 33-year-old state law that prevented gay people from adopting children. Since that decision, gay couples in Florida have quietly begun adopting children. Prior to the ruling, social workers often did not ask about the sexual orientation of an adopting parent,…