Divorce

April 25, 2012

Can I Still Be Responsible For the Mortgage Even After Divorce?

The short answer to this question is, unfortunately, yes. A mortgage contract cannot be negated by a divorce. If, in a divorce, one party is granted sole exclusive use and possession of the former marital home the other party could still be held responsible in the event that the other spouse defaults on the mortgage.

Thus, even if the former marital home is deeded to one party the other party’s name is still on the mortgage and can still be held responsible. If the party with possession of the home fails to pay the mortgage, the bank has the option to come after the other party.

During the divorce proceedings the party without the home can ask for their name to be removed but this is likely not to occur. Also, the Court can order the party with possession of the home to try and refinance to get the other party’s name off the mortgage, but in todays market this is not a likely solution.

April 21, 2012

Infamous Mistresses

by David M. Goldman

Unfortunately, we see all to often in news headlines our favorite sports stars getting caught cheating on their spouse. Just recently Arkansas’s head coach, Bobby Petirno, was released from his position for being caught with his mistress and fellow school employee, Jessica Dorrell. Thus, it’s not surprising that bleacherreport.com posted an article listing the 30 Most Infamous Mistresses in Sports. Some of the players/mistresses on the lineup include:

Rachel Uchitel: Tiger Wood’s No. 1 mistress
Traci Lynn Johnson: Tiki Barber’s mistress at the center of the running back’s divorce

April 19, 2012

Cohabitation and its Affect on Marriage

by David M. Goldman

Imagine you are offered a credit card with fantastic terms: zero percent interest for the first 12 months and no foreseeable strings attached. You need a line of credit, so you sign up and promptly fall behind on your payments. After the first year, you have a fair amount yet to be paid. The credit card company informs you that your first year interest rate is expiring; the new rate is 23%. That’s higher than a lot of other cards but, if you’re like many people, you simply stay with the card because getting a new one with a lower limit is just too much work. You’ve made the commitment; you’re stuck with it.

This is the analogy being drawn by experts studying what they refer to as the “sliding, not deciding” effect of relationship development. Many young couples are now moving in with each other to sort of “test the waters” before marriage. Many of them find out, however, that their cohabitation becomes something very difficult to get out of — more difficult than they realized — and marriage just sort of happens based on their mutual desire to keep things the way they are. Instead of actually committing to the marriage, these couples simply slide right into it.

Unfortunately, many of these couples do not communicate their full intent prior to cohabitating. As we’ve blogged about in the past, lack of communication is never a good thing. While dating, these couples spend more and more time with each other until they simply get married. What might’ve been a relationship that would’ve otherwise lasted only a few months turns into marriage simply because both parties are too invested in their living situation to try anything else.

April 17, 2012

How Long Is My Divorce Going To Take?

by David M. Goldman

As an Orange Park Divorce Attorney I’ve noticed one of the first questions new clients ask me is, “how long is it going to take for my divorce to become finalized.” Unfortunately, there is no one answer to that question.

A divorce can last as long as the parties want it to last. It truly depends on the issues of the case and how willing the parties are to compromise and communicate openly with their respective attorneys.

As an Orange Park Divorce Attorney, I have had all of the required paperwork and signatures completed within a week for simple divorces that do not involve children. However, Florida Statute 61.19 requires a period of 20 days to elapse from the time the Petition is filed to the time a Final Judgment can be entered.

April 15, 2012

Considerations for Child Custody Concerns in Florida

by David M. Goldman

Divorces themselves are obviously messy situations, but a divorce can become infinitely more difficult when a minor child is involved. You want to see your kids all of the time, but so does your former spouse. Hopefully you and the other parent of your child can work out an arrangement agreeable to the both of you. Unfortunately, it is not always so easy. If you cannot work out an arrangement, the court will likely step in. A Jacksonville Beach Divorce Attorney in Jacksonville Beach can help, but here are some other steps you should take that can help obtain a more favorable ruling.

Be Civil. In front of your children, with your friends, and just in general, do not talk poorly about your spouse. Remember that your friends are often your spouse’s friends, too, or they have other mutual friends, and so on. Word gets around; offensive statements often get back to the other spouse. The court may view this as a petty attempt to isolate the other parent. This doesn’t look good for your character. More importantly, don’t talk bad directly to your former spouse, especially if the children are around. The other spouse may claim you are abusive, even if you aren’t — courts take these claims very seriously.

Communicate. Don’t take your kids for a 6-day trip to Disney without first at least informing the other parent. Similarly, allow your kids to communicate with their other parent while they’re with you. It’s tougher to prevent communication these days with the popularity of cell phones and the like, so this may not be an issue. But remember: your kids are going through a tough transition right now, too. If you’re frustrated by their behavior, talk with them. Further, to help with their transition, don’t move in with a new significant other if you have one. Doing this sends difficult messages to the kids, and may prejudice the court against you in any custody proceedings.

April 14, 2012

Active Duty Military and Divorce

by David M. Goldman

Military couples who are facing divorce encounter many challenges unique to military families. It can be almost impossible for an active duty member of the military to sign divorce papers, much less put up a fight for a fair divorce settlement or child custody. In many cases, deployed military members going through a divorce often lose child custody because the nature of their work takes them away from home for long periods of time.

The Washington Post recently highlighted a new bill introduced into the House of Representatives which addresses these situation. The proposed legislation would add a provision to the Service-members Civil Relief Act of 2003 which would (1) prevent judges from considering a parent’s military deployments when trying to determine what is in the child’s best interest, 2) reinstate pre-deployment child custody status if there was a temporary transfer of custody during deployment.

In order to qualify as protected deployment under the proposed law the length of a service member’s deployment must be between two and 18 months and the active duty assignment must be such that family members are not allowed to accompany the service member, such as a combat deployment.

April 13, 2012

Modifying a Florida Divorce Agreement.

by David M. Goldman

Recently, I have had several clients ask, in their consultation, whether signed and executed Marital Settlement Agreements and Parenting Plans can be modified or set aside. In typical divorce proceedings and under normal circumstances the answer to that question is going to be no. Generally, one party does not have the right to revoke a valid divorce agreement merely because they realize it is a bad deal after they have already signed it.

Under Florida law, once a divorce agreement is signed, the parties must abide by the terms of the agreement absent a showing of “substantial change of circumstances” or other defenses to contract formation such as fraud or duress in the execution of the contract. In most instances the best course of action is to have a Mandarin Divorce Lawyer review any divorce agreement before you sign it to ensure that you are not signing something that is not in your best interests.

If you are considering a Manadrin Divorce, contact a Mandarin Divorce Lawyer today to review any divorce documents you may encounter. It is important to remember not to sign anything without first consulting with a Mandarin Divorce Lawyer as, absent a substantial change in circumstances, any signed and executed agreement cannot be changed.

April 13, 2012

Free Divorce Consultation!

by David M. Goldman

Yulee 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 Yulee Divorce Lawyers 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 and live in the Jacksonville, Florida area contact a Yulee Divorce Lawyer at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  Got a question and it is after regular business hours? Call our after hours line at (904) 701-8702.

April 12, 2012

Florida Uncontested Divorce

by David M. Goldman

Many couples considering divorce are concerned that beginning divorce proceedings will mean that they have to put their lives on hold while their lawyers drag them through months of court battles, legal struggles and attorney fees. Not all divorces have to proceed this way. Many couples considering divorce are exploring the concept of uncontested divorce. Uncontested divorce is a fresh approach to divorce, one without the strain and discord normally associated with a traditional divorce.

In an uncontested divorce an attorney will draft a Marital Settlement Agreement, which identifies and addresses all issues between the divorcing parties including division of their mutual debts, properties, definitions of alimony, etc. Both parties consent to and sign the document which will be filed with the court. The Court adopts the agreement and enters it as part of the Court’s divorce decree of Dissolution of Marriage.

If you are considering a St. Augustine Divorce, it may be in your best interest to enlist the guidance of an attorney. An experienced St. Augustine Divorce Attorney can prepare and help you and your spouse carry out an uncontested divorce that is simple and affordable. If you think an uncontested divorce may be right for you, contact a St. Augustine Divorce Attorney today for a complimentary consultation to discuss your options.

April 11, 2012

Seal’s Response to Heidi Klum’s Divorce Petition

by David M. Goldman

So, I just wrote a blog yesterday regarding how Heidi Klum officially filed for divorce from her husband Seal. I mentioned that Heidi requested primary physical custody of the couple’s four children and that the parties had a prenuptial agreement in place prior to walking down the aisle. I also mentioned, only time will tell if their divorce will be amicable or nasty.

Well, it looks as though it may be getting nasty. Seal has filed a response to Heidi’s petition and there are some discrepancies between the two. For example, Heidi refers to a prenuptial agreement in her petition alleging there is no joint or community property, whereas; Seal makes no mention of such. This can be of huge consequence, as it is estimated Heidi has a net worth around 70 million, whereas; Seal’s net worth is estimated around 15 million. Seal has asked for joint physical custody of their children while Heidi wants primary physical custody.

This is just the beginning, we’ll have to wait and see how this highly publicized divorce plays out.