Divorce

February 9, 2012

Stress and Seperation

Timesharing after a divorce is often the most highly contentious and stressful issue that can stem from a couple separating. Parents and courts alike are very concerned with the child(ren) maintaining a loving and healthy relationship with both parents. In order to maintain such a relationship many parents going through a divorce would like to see an order granting 50/50 timesharing.

However, as a Jacksonville Child Custody Attorney I am aware that the courts often discourage 50/50 timesharing arrangements. Why is this so? Well, many children young and old experience high stress levels and difficulty handling the disruptions that comes along with switching back and forth between mom and dad.

If you are a parent seeking divorce and worry how a timesharing schedule might end up in your case contact a Jacksonville Child Custody Attorney today for the information you may need in developing the best schedule for you and your child(ren).

February 8, 2012

How Divorce Lawyers Handle Their Own Divorce.

by David M. Goldman

Have you been wronged in your marriage and want to file for divorce? Do you want to make the divorce process as miserable and prolonged as possible for the spouse who wronged you? As a Jacksonville Divorce Lawyer I recommend thinking past your anger and looking at the bigger picture. Divorce is obviously an unpleasant procedure, but divorcing couples should consider doing what divorce lawyers do in their own divorces.

Divorce lawyers going through a personal divorce do their damnedest to stay out of the courtroom. They know all to well that no one wins when divorcing couples go all the way to trial. They know going to court, “wastes energy, time, and money and is a last resort; it is something they will consider only when there is no other choice.”

Divorce lawyers have vicariously experienced their client’s frustrations during the divorce process. One such frustration is the client’s desire to inform the Family Law Judge of all the injustices, dishonesty, betrayal, adultery, etc… However, in reality, if the client is given the opportunity to testify in front of the Judge they are merely allowed to speak when answering a question posed to them. There is no, “Judge he did this to me and didn’t do this, that or the other.” Oh, and of course, the rules of evidence will only allow that certain testimony be presented.

February 7, 2012

Divorce Hotel? A two day divorce

by David M. Goldman

Ever hear of a “Divorce Hotel?” No. Well neither had I until I read a recent Fox News.com article titled, “Dutch ‘Divorce Hotel’ Helps Couples Untie The Knot.”

Apparently, a new divorce concept has developed in the Netherlands that is catching a lot of attention across the globe. The concept, “Divorce Hotel” assists divorcing spouses by arranging a weekend with a mediator and numerous lawyers that will help the divorcing couple determine the splitting of assets and debts, alimony payments, child support payments and child custody. According to the concepts creator, Jim Halfens, “when they leave the hotel, all work is done.”

This is an intriguing idea for many reasons. Divorce proceedings can lead to extremely high legal fees and court costs and can last for many months. The “Divorce Hotel” creates an avenue that can cost much less than a traditional divorce and a time span as short as a two day hotel stay.

February 6, 2012

What is a Parenting Plan?

by David M. Goldman

A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.

If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.

If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Child Custody Lawyer today.

February 1, 2012

Family law and Divorce

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 termination of their marriage.

Our Jacksonville Florida Divorce and Family law Attorneys recognize that a divorce or child custody issues 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 have a normal 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 filed with divorce papers contact a Jacksonville Divorce Attorney at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  

January 30, 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.”

January 27, 2012

Who Gets to Claim the Children for Tax Reasons?

by David M. Goldman

It is tax season yet again and those who have experienced a divorce in Florida may wonder which party can claim the child(ren) on the tax exemption after a divorce. A Jacksonville Divorce Lawyer can create an agreement whereby the parents agree to rotate the tax dependency exemption after a divorce wherein one parent claims the child(ren) in odd numbered years and the other parent claims the child(ren) in even numbered years. Without an agreement, however, the majority timesharing parent will get the exemption.

Please contact a Jacksonville Divorce Lawyer today to create an agreement to best maximize your dependency tax exemption after divorce.

January 26, 2012

Bankruptcy After Divorce

by David M. Goldman

The process of obtaining a divorce can be an expensive process, one that leaves many people in debt and possibly looking to file bankruptcy. Before you make any of these decisions, you should make sure to contact a Jacksonville Divorce Attorney or a Jacksonville Bankruptcy Attorney to discuss your situation as your options can often be complicated and confusing.

For example, many people think all of their credit card debts will be discharged in a bankruptcy proceeding. This is not necessarily true. If you file for divorce and a judge issues a final order of divorce, you will likely be responsible for any debts listed in that order. So, if a divorce order gives you the car, your spouse the boat, and splits the credit card debt between the both of you, you will likely not be able to discharge that credit card debt in a later bankruptcy proceeding.

There are exceptions to this rule, but the laws can be very complicated. Make sure to contact a Jacksonville Divorce Attorney if you are thinking of filing for divorce or post divorce bankruptcy.

January 17, 2012

Does a Divorcing Couple Need to Wait Before Filing Divorce?

by David M. Goldman

Divorce is generally not something anyone is encouraged to rush out and do. While a Jacksonville Family Law Attorney can help you file divorce, your first call should be to a marriage counselor or someone who can hopefully help save your marriage.

But, it is not the law that you must make that phone call first; you can typically initiate divorce when you believe it necessary. However, some states are thinking about changing that rule. A state senator in Colorado, for example, has introduced a bill that requires parents of minor children to go through some educational classes before filing divorce. The classes explain the impact that divorce has on the children, and the parents must then wait before actually filing.

Another senator in Colorado introduced a similar bill several years ago, dubbed the “Dr. Laura” bill, after the popular talk-show host endorsed it. It did not pass, but the current bill’s supporters believe this time will be different because the new bill is more lenient and provides an exception for victims of abuse.

January 16, 2012

Florida Not Only State Looking To Update Alimony Laws

by David M. Goldman

I just recently wrote about the State of Florida and the move for alimony reform. Well, it turns out Florida is not the only state seeking a change in alimony laws. Foxnews.com has posted an article titled, “New Jersey lawmaker looks to update alimony rules after advocacy group claims lifetime punishment.”

The article discusses the issue of permanent/lifetime alimony and it’s outdated and inequitable nature. The article opens with, “Fairness must be put back into divorce court, an advocacy group in New Jersey is arguing, pushing legislation to update what it says are antiquated alimony laws that disproportionately favor the recipients of alimony, regardless of changing circumstances. ‘Lifetime alimony and the family court system in New Jersey are driving real people to the brink,’ Tom Leustek, president and founder of New Jersey Alimony Reform, told FoxNews.com. ‘My own divorce resulted in a lifetime alimony order in 2008. I remember during one of the court hearings, the judge saying to me, ‘It’s not fair, but it’s the law.'”

The issues raised in New Jersey are mirrored by those in Florida. To learn more on alimony reform efforts in Florida see Florida Alimony Reform or contact a Jacksonville Divorce Lawyer.