Divorce

July 6, 2012

What does “equitable division” mean in Florida divorce?

Divorce and Annulment courts in Florida apply the legal concept of equitable distribution when it comes time to divide the assets of a divorcing couple. This means that the entire marital estate, assets and debts, must be divided in an equitable, though not necessarily equal, manner. There is no fixed standard for dividing property, each case will be decided on the merits, and the trial court’s discretion will not likely be disturbed on appeal without a showing of clear abuse.

Property includes anything of value, tangible or not: personal items (such as cars, furniture and art work) and real property (land and houses). Debts include anything you owe money on: mortgages, car loans, and credit card bills. Really anything the two of you possess is thrown into the mix before it’s all divided.

It’s important to know that not all property is subject to equitable division. Items that qualify as non-marital may include the following: property acquired by either party before the marriage; property acquired after certain stages of the divorce process; property excluded by a written contract between the parties (likely a prenuptial agreement); and any increase in value of non-marital property that did not result from efforts of the other spouse.

May 28, 2012

The Battle over Alimony Continues

by David M. Goldman

Every person in the state of Florida, who is either thinking about getting married, engaged, or already married is concerned about the battle over the state’s alimony laws. WJHG.com recently reported about a man, who wished to remain anonymous, that was required to continue to pay his ex-wife $2000 in alimony payment even though he had been injured in an accident and could not even pay his medical bills. Despite his obvious change in financial circumstances, he is still required by law to meet his alimony obligations because Florida is one of the few states in the nation that allows for permanent alimony.

Because of these laws, the Florida Alimony Reform Group has surfaced and has made the reformation of Florida’s alimony laws its primary purpose. Their website states their legislative and political goals. One of the goals is to limit the amount of discretion that judges have in awarding alimony in divorce cases. The group believes that antiquated attitudes regarding gender roles and stereotypes have influenced the way that Florida adjudicates alimony claims. The group expresses its concerns in the following way: “While divorces in Florida are technically ‘no-fault,’ they reflect attitudes and realities from America in the 1950s, when the divorcing husband was the sole breadwinner and always considered ‘the bad guy’ in divorce, while the wife was considered ‘the helpless victim.’ These antiquated stereotypes still drive much of what happens in the state’s family courts. Because of these laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

This year, the Florida Alimony Reform Group suffered a major setback when it proposed legislation that would drastically reform the state’s alimony provisions, but the bill failed to pass the Senate. Now the group must wait for at least one year before it hopes to see any changes in the alimony laws. The family law section of the Florida Bar is prepared to fight to support the law as it is now.

May 25, 2012

Social Media Pressure Comes to Bear on Jewish Divorce

by David M. Goldman

Some creative Boca Raton residents are using social media pressure to get one woman’s husband to sign their divorce papers. A Jewish woman has found out the hard way that her husband is not willing to grant her a Jewish divorce. Although she has received a civil divorce, Jewish divorce laws require that the husband sign a Get, a Jewish divorce decree, which would allow his ex-wife to remarry.

Yomin Postelnik and Leah Postelnik went through a tumultuous divorce and Yomin refused to grant his wife a Get, even though a host of rabbinical courts handed down orders for him to sign the document. A rabbi in Boca Raton heard about the case and mounted a social media campaign against Yomin to pressure him into signing the document. He urged several in the South Florida Jewish community to blackball Yomin until he granted Leah the divorce.

The Postelnik’s are not the only Jewish couple going through a divorce and who have experienced social media pressure. Tara Epstein and Aharon Friedman had a similar experience to the Poselniks. Friedman refused to grant Epstien a religious divorce. The social media campaign against Friedman was so aggressive that some were even demanding that he be fired from his job with United States Representative Dave Champ, R-Mich.

May 24, 2012

Pitfalls To Representing Yourself in Divorce or Child Custody Cases

by David M. Goldman

Most Jacksonville, Florida residents thinking of filing their own divorce haven’t heard the phrase, “He who represents himself has a fool for a client.” Unfortunately the court system is complicated, but it’s complicated because our lives are complicated. Some people say that their divorce is a “simple” one, some attorney’s say that there’s no such thing as a “simple divorce”. Just as I don’t dare to do simple mechanic work such as an oil change because I’m not a mechanic, a non-lawyer has to remember that a case that might be considered simple by an attorney isn’t necessarily simple for them.

There are complex pleadings that are required to make a divorce judgment final. Just because it says “Final” in the title doesn’t make it so. You can’t depend on a judge to tell you if you’ve made a mistake either, they’re not allowed to give you legal advice and are often so busy with their heavy case loads that they’ll sign almost anything you agree to.

A recent case I saw was that of a woman who had become pregnant from an adulterous affair while living with her husband. Under Florida law, the only people who have the right to contest the parentage of a baby born during a marriage while the couple is cohabitation is the wife and husband. This is because Florida values the interest of preserving the marriage above the rights of unmarried fornicators to raise their own children.

May 4, 2012

Equitable Distribution = What is Equal?

by David M. Goldman

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 owned by only one of the spouses and are generally free from distribution in a divorce. You should be aware that liabilities –debts– are treated the same way as assets.

Florida Statute 61.075 addresses this issue and defines marital and nonmarital assets. Marital assets include assets acquired during the marriage, the increase in value of nonmarital assets (if the increase is the result of contribution from both spouses), interspousal gifts during the marriage, and all benefits accrued during the marriage, such as retirement funds, pension, profit sharing, and insurance plans.

Nonmarital assets include assets acquired prior to the marriage, assets acquired during the marriage by gift or inheritance, assets excluded from being considered marital by written agreement (such as a prenuptial agreement), and income derived from nonmarital assets, unless the income was “treated, used, or relied upon by the parties as a marital asset.”

May 3, 2012

Concerns in a Divorce.

by David M. Goldman

When a family is going through a divorce it can be one of the toughest times in a person’s life. Concerns range from child support, alimony, and distribution of assets and liabilities. Many people find themselves so caught up in the emotion of their case that they can overlook very important considerations. That being said, let’s look at a specific example of oversight that could potentially cost a person thousands of dollars.

Say husband and wife are getting a divorce, and at issue is the support due wife after the dissolution. Wife, in her settlement agreement, gets husband to agree to give her a portion of his 401(k), let’s say $50,000, and in turn waives her right to any alimony that she could potentially qualify for. Unfortunately, wife’s attorney forgets to account for taxes inherent in 401(k)’s, and instead of negotiating the taxes into the agreement, the wife ends up paying nearly 30% in tax on the settlement, $15,000. With careful negotiation the husband might have agreed to account for those taxes, thus giving the wife the full value of her settlement.

Issues like the one seen above can be avoided by carefully choosing a Yulee Divorce Attorney who will represent you. An experienced Yulee Divorce Attorney is sure to take the important tax implications into consideration before presenting a proposed final agreement. Contact a Yulee Divorce Attorney to discuss the facts surrounding your case today.

May 2, 2012

Martin Lawrence Files For Divorce.

by David M. Goldman

News outlets are reporting comedian turned actor, Martin Lawrence, has filed for divorce from his wife, Shamicka Lawrence. Although the parties have only been married since 2010 they were a couple for roughly 15 years prior to tying the knot. They have two daughters together Iyana 9 and Amara 11.

Lawrence reportedly filed for divorce last Wednesday, April 25th, in Los Angeles County Superior Court. The celeb is said to have cited irreconcilable differences in his petition. Not surprisingly the parties are believed to have a prenuptial agreement.

Have family law issues but live in the Ponte Vedra area? Contact a Ponte Vedra Divorce Attorney today for answers to your questions.

May 1, 2012

Free Child Support and Divorce Consultation!

by David M. Goldman

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Law Office of David M. Goldman take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to enjoy a normal and healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County. 

If you are considering divorce or have just been served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.

April 27, 2012

Standing Family Law Court Order

by David M. Goldman

As a Jacksonville Divorce Lawyer the majority of my clients tend to be concerned about what will happen to their marital finances during their divorce proceedings. These clients are rightfully concerned because many individuals going through a divorce take the opportunity to start dissipating marital assets, by either selling items that would likely be equally distributed during the divorce or charging large amounts on credit cards.

However, as I tell all my divorcing clients, with every divorce proceeding in Duval County a Standing Family Law Court Order in entered. Among other things, this Order includes the following provisions:

“Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or without an order of the court, any property, individually or jointly held by parties, except in the usual course of business or for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.”

April 26, 2012

Social Media and Divorce

by David M. Goldman

As a Ponte Vedra Beach Divorce Attorney I continuously come across the issue of social media and how it can and does play a part in divorces. I see social media play a role in nearly half of all of my cases. I have blogged on this topic on several occasions as well. Ten years ago this was not an issue, but now I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is because all to often pictures, status updates and videos are used against clients in trials. This is especially true in child custody battles.

Not surprisingly there have been numerous articles published on this topic. One of which can be found on The Huffington Post and is titled, “Don’t Let Social Media Sabotage Your Divorce.” The author of this article, Bari Zell Weinberger, Esq., lists three important steps that a divorcing party should take in order to avoid self sabotage. One, “Think before you post.” Don’t post any pictures or comments that you know could come back to haunt you as evidence at a trial. This should be quite apparent. Two, “Keep your social networking circles separate from your ex’s.” Keep your ex or soon to be ex off of your personal site. You don’t want your ex or soon to be ex to have the ability to gather any evidence that can be used against you. And finally, three, “Don’t reveal your location.” If you’re not where you are supposed to be do not announce to the internet world where you actually are at all times.

Should you live in the Ponte Vedra Beach area and are contemplating divorce contact a Ponte Vedra Beach Divorce Attorney today. A Ponte Vedra Beach Divorce Attorney can assist you with tailoring your personal social media sites to insure they cannot potentially harm your case.