As a Family Law Attorney in the Jacksonville area I am consistently asked how the courts calculate alimony. This is often a difficult question to answer. In Jacksonville and Florida as a whole there is no specific formula to calculate alimony. Instead, there are factors that Jacksonville courts look to when calculating alimony.
These factors include:
(1) The standard of living established while married.
If you live in the Jacksonville and/or Orange Park area of Florida and are contemplating filing for divorce and have minor children of the marriage there are actions that should be taken prior to filing for divorce that can greatly help you if and when a dispute over timesharing and parental responsibility arises. You may ask what exactly is timesharing and parental responsibility? In Florida visitation schedules are termed timesharing schedules and are defined in Florida Statute 61.046 as a timetable that must be included in the parenting plan that specifies the time, including overnights and holidays, that a minor child will spend with each parent. The time-sharing schedule shall be:
(a) Developed and agreed to by the parents of a minor child and approved by the court;or
(b) Established by the court if the parents cannot agree or if their agreed-upon schedule is not approved by the court.
Parental Responsibility on the other hand covers the parental rights of the parents. There are two types of Parental Responsibility in Florida: Shared and Sole. Florida Statute 61.046 defines Shared Parental Responsibility as a court-ordered relationship in which both parents retain full parental rights and responsibilities with respect to their child and in which both parents confer with each other so that major decisions affecting the welfare of the child will be determined jointly; and defines Sole Parental Responsibility as a court-ordered relationship in which one parent makes decisions regarding the minor child.
A case out of Ohio provides a telling reminder of why you really need to stay away from Facebook during a divorce – or really any criminal proceeding. Sure, it’s nice to have a place to rant and converse with your online friends. But you need to remember that what you write on Facebook is never completely private (no matter what your security settings are at) and the court can (and often does) find out about it.
The case involves a man who was ordered to stay away from his wife and to refrain from doing anything to cause her “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury.” The order also affected his rights to visit with his son, so he was understandably upset. What he should have done was converse, in person or on the phone, with his friends or others who could offer emotional support. What he did do was log onto Facebook and post:
“. . . if you are an evil, vindictive woman who wants to ruin your husband’s life and take your son’s father away from him completely – all you need to do is say that you’re scared of your husband or domestic partner . . . .”
As a Jacksonville Divorce Attorney I am all to familiar with the topics discussed in Georgialee Lang’s article, 5 Support Arguments That Don’t Matter in Divorce Court. In the article, Ms. Lang lists and describes what she deems to be the five most common complaints in divorce cases. Ms. Lang lists the complaints as follows:
(1) My wife left me to move in with her boyfriend, why do I have to pay her spousal support?
(2) My ex spouse has remarried, why do I still have to pay spousal support?
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.
The economic downturn has brought about fear for many American families. Many fear the possibilities of foreclosure and/or bankruptcy. Families have thus started tightening the reigns on frivolous spending. Many families can no longer afford the luxuries of week long vacations, shopping sprees and eating out.
This turn in financial ability begs the question, “is divorce now a luxury many can no longer afford”? Judith Acosta wrote an article on Huffington Post titled, “The Luxury of Divorce” broaching this very topic. In the article Acosta quotes Joy Joseph, a White Plains, New York attorney, who stated, “for people of moderate means, the economy has had a big impact. It is very expensive to get divorced. Only a part of it is attorney’s fees. The bigger part is that the assets are split or devalued in the process. Usually that’s the house, in which they have very little equity. Plus there’s the risk of losing the partner’s health benefits. They’re afraid to live uninsured. So, they cling to an unhappy marriage because they can’t afford to leave.”
As a Jacksonville Divorce Lawyer I have observed the same issues with married couples in the Jacksonville and surrounding areas. Many married couples seeking a divorce are concerned with what will happen with the house if their mortgage is under water. Who will be liable for the deficit if both parties’ names are on the mortgage? As a Jacksonville Divorce Lawyer I know there is no simple answer, it simply depends case by case.
As a Jacksonville 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 a Jacksonville 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.
Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce.
As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. 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.
In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.
When thinking of February many people think of Valentine’s Day and all the romantic frills associated with the day such as, chocolates, flowers, and more. Well it turns out that February should also be known for being the most active divorce month.
Other interesting divorce statistics include:
The average cost of divorce is $18,400.
When divorcing in Jacksonville, Florida, couples have one big decision to make regarding how their divorce process will play out. Divorcing couples can choose to go down the often less stressful and short road of an uncontested divorce by deciding they will be the decision maker in the divorce process or they can decide to go down the long and often tumultuous road of a contested divorce giving full decision making power to the Family Law Judge.
If divorcing couples are smart they will save time and money by choosing to attend mediation (which is almost always court ordered in Jacksonville, Florida) and come to an amicable agreement in regards to the splitting of assets and debts and time with any minor children. If parties choose to take this route their divorce can be completed within a matter of a few months.
However, taking the uncontested/mediating avenue is not always an option. Sometimes parties can just not agree. After all, roughly 10% of divorces end in a trial. When this occurs a Judge decides the parties fate. It has been my experience, as a Jacksonville Divorce Lawyer, that neither party is truly happy with the Judge’s decision. Not only may the parties’ be unhappy with the Judge’s ruling, they likely spent a substantial amount of money in attorney’s fees and the process could have lasted many many months.
Jacksonville Divorce Attorney Blog