Divorce

March 31, 2012

The Top Ten Most Expensive Celebrity Divorces

Ever wonder how much some celebrities have paid their spouses in their divorces? As an Amelia Island Divorce Attorney I know I have. See listed below the 10 most expensive celebrity divorces:

10 – Michael Douglas and Diandra Douglas in 1988. Diandra received $45 million when they split in 2000

9 – Phil Collins and Orianne Cevey in 2003. The couple split in 2008 cost Collins almost $47 million

8 – Paul McCartney and Heather Mills finalized their divorce in 2008. Heather walked away with $48.6 million

7 – James Cameron and Linda Hamilton hold some of ‘Titanic’s’ 11 Oscars in 1998. The couple split and Linda left with $50 million in 1999

6 – Madonna’s divorce from Guy Ritchie cost between $76 million and $92 million

5 – Cindy Silva and Kevin Coster in 1992. The couple split in 1994 to the tune of $80 million

4 – Melissa Mathison and Harrison Ford in 1998. The couple split in 2004 and Mathison walked away with $85 million

3 – Amy Irving and Steven Spielberg meet Princess Diana in 1985. Amy and Steven split in 1989 and she left the marriage with $100 million

2 – Neil Diamond and Marcia Murphey in 1975. the couple split in the ’90s and Marcia left the marriage with $150 million

1 – Michael Jordan and Juanita Jordan in 2000. Juanita received $168 million when they split in 2007.

You may not be as wealthy as the above listed celebrities but I’d bet you still don’t want to lose a substantial amount of money in your divorce. If so, contact an Amelia Island Divorce Attorney today to schedule a free consultation.

March 30, 2012

Parental Alienation and the Risks

by David M. Goldman

As a St. Augustine Divorce Lawyer I am familiar with the many issues that surround child custody disputes. I also know what St. Augustine/St. Johns County Judges absolutely hate to see in child custody cases. One of the main things that divorcing parents in contested cases have a tendency to do is disparage the other parent. This is something that should be avoided at all costs. Disparaging another parent is one thing that can lead to Parental Alienation Syndrome.

ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”

In my past divorce and child custody cases in St. Augustine, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements. In cases where this and Parental Alienation is an issue the St. Augustine Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.

March 30, 2012

Alimony and Divorce

by David M. Goldman

When deciding whether to grant alimony in a divorce case, courts in Yulee, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

As a Yulee Divorce Lawyer I know Yulee, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

March 28, 2012

Could Florida’s Obesity Problem Affect Your Divorce?

by David M. Goldman

There’s no secret that America has a bit of a weight problem, and Florida is no exception. It seems like every time there’s a slow news week, the news networks run another story about our ever-expanding waistlines. But one aspect of the problem that does not get a whole lot of attention is the role it plays in relationships. It is awkward and uncomfortable to discuss. How, exactly, is a person supposed to tell his or her spouse that some added weight is a problem?

Apparently, many of these couples choose not to communicate. This unfortunately can lead to resentment and other problems. It is not unheard of that a couple eventually divorces over their inability to communicate with each other, stemming from one spouse being upset with the other’s extra few pounds.

Of course, having an overweight spouse is not a good reason to get divorced. The point is that this is just one more issue couples are facing, and it’s another reason why communication is so important in your marriage.

March 27, 2012

Is Your Spouse Hiding Marital Assets During Your Divorce?

by David M. Goldman

A few weeks ago a report came out that Dmitry Rybolovlev, one of the 100 richest people in the world, had been accused of hiding close to $100 million dollars during his divorce. If you are in a situation involving such incredible wealth, you should seriously consider a prenuptial agreement, which a Jacksonville, Florida Family Law Attorney or a Jacksonville, Florida Asset Protection Attorney can help draw up for you.

However, even if you are not on the Forbe’s richest list, you obviously do not want your spouse to hide assets during your divorce. This can negatively affect division of other assets, which would not be good for you. Plus, this would be fraudulent to the court. But how do you know when your spouse is hiding assets? A recent Forbes article outlines some of the red flags. Many of the tips are somewhat obvious, but may be difficult to see unless you are looking at it from an outside prospective. Here are some tips and warnings to look for:

If your spouse maintains total control of your joint bank account information, make sure you keep track of the bank statements. Most banks have online services, so you should be able to monitor it from there. If your spouse denies you access to the password, but your name is nevertheless on the account, go to your bank and ask for a statement.

March 23, 2012

What Is Divorce Like For Indian Women?

by David M. Goldman

As a Jacksonville Beach Divorce Lawyer it is interesting for me to see the stark differences in the divorce laws here in the U.S. and those in India. Such differences are not surprising given the difference in cultural norms and societal expectations in Florida and India. This is not a topic I just started thinking about one day, instead; I read an article through the New York Times titled, “For Indian Women, Divorce Is a Raw Deal.” The article, written by Pamposh Raina delves into how Indian law is biased against divorcing women and how this soon may be changing. Some of the differences between Florida’s divorce laws and India’s are as follows:

Currently, in India there is a six (6) to eighteen (18) month “cooling off period” before a divorce will be granted. However, in Florida the “cooling off period” can be as little as twenty (20) days. Specifically, Florida courts require there be a minimum of twenty (20) days between the filing of a Petition for Dissolution of Marriage to the entry of a Final Judgment of Divorce.

In India Men have more access to the legal system than women. Whereas, in Florida both men and women have equal access to the courts.

March 22, 2012

Divorce and Bankruptcy.

by David M. Goldman

As a Jacksonville Divorce Lawyer I deal with other areas of law on a continuous basis. Specifically, I run into issues such as bankruptcy, foreclosure and domestic violence. This is because the clients I represent have a life full of issues, just as everyone else does. Recently, I’ve been dealing with bankruptcies and foreclosures within my divorce cases.

One of the main questions I hear from clients is can obligations of child support and/or alimony be discharged within a bankruptcy. The answer is NO! Let me say it this way: not all debts are able to be discharged (wiped away) under bankruptcy. Some of these debts include child support, alimony, or other spousal support obligations.

However, as a Jacksonville Divorce Lawyer, I also have to consider whether during a divorce it would benefit my client to file for bankruptcy, whether the parties should file for a bankruptcy jointly, or wait to file alone after the divorce is final.

March 21, 2012

Who is Responsible for the Mortgage?

by David M. Goldman

As an Orange Park Divorce Lawyer I often hear client’s ask, “If my spouse gets to keep the house in the divorce, can I still be held responsible for the mortgage?” The short answer to this question is, unfortunately, yes. 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 liable in the event of a default 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 unlikely 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 rarely successful.

March 20, 2012

What are Marital Assets?

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.”

March 16, 2012

My Spouse Cheated! Does it matter in the terms of a Divorce?

by David M. Goldman

Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The petitioning spouse does not have to claim that the other spouse was the cause of the failed marriage.

The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts and courts in the Jacksonville area are not concerned with which party played the greater role in causing the divorce. Jacksonville Judges do not need to know why the marriage is ending, they simply need to know that it is irretrievably broken and counseling would not help salvage it.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in the Jacksonville area. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce. What other issues?