Divorce

January 13, 2012

Sick of Paying Alimony? You’re Not the Only One.

FloridaToday.com has recently posted an article titled, “Times have changed, so should alimony.”

The article tackles the issue of permanent alimony in Florida and its, often considered, archaic reasoning.

Currently, Florida Statute 61.08 reads, “Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.”

January 10, 2012

Husband Files For Divorce After 77 Years Of Marriage

by David M. Goldman

Newsfeed.time.com has an article titled, “99-Year-Old Man Files For Divorce Over 1940s Affair.” Apparently, a married couple in Italy just couldn’t make it past the 77 year mark after an affair was uncovered.

The husband, who is 99 years old, filed for divorce upon discovering love letters written by his 96 year old wife to a lover in the 1940s. If the couple goes through with the divorce they will become the world’s oldest divorcees.

It is very unfortunate that after so long this couple is moving towards a divorce, but things do happen.

January 6, 2012

Wife shoots Husband – Domestic Violence and Divorce

by David M. Goldman

On January 3rd News4Jax.com reported that an Orange Park woman shot her husband and mother-in-law during what authorities believe was a domestic argument regarding a possible divorce.

Virginia Ann Thunberg is now facing criminal charges in the shootings of her husband, Wayne Thunberg, and her mother-in-law, Virginia Petri. Allegedly, Thunberg shot her husband and mother-in-law once each. Luckily, both victims were able to walk out of the home and receive immediate medical attention. Both victims are expected to be ok.

Sadly, five children between the ages of 3 and 15, all of whom belong to Thunberg, are believed to have been in the home during the shooting.

January 5, 2012

Need vs. Ability to Pay and Alimony

by David M. Goldman

I stumbled upon an article that I thought was pretty funny earlier the other morning. The article on 923now.radio.com was titled, “Should Russel Brand Ask For Spousal Support?”

As a Jacksonville Family Law Attorney, who deals with divorce and spousal support (alimony) constantly, I know that if Brand and Perry’s divorce was in Florida neither party would have a great chance at being awarded alimony.

When deciding whether to grant alimony in a divorce case, Florida courts 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.

January 4, 2012

LeBron James Engaged and in Need of a Prenup

by David M. Goldman

LeBron James and his high school sweetheart and mother of his two children, Savannah Brinson, are officially engaged. News agencies are reporting James popped the question on New Years Eve at the Shelborne Hotel in Miami, Florida. The happy news comes after a long courtship of sixteen years.

I hope the best for the couple and wish them a lifetime of happiness together. However, I can’t help but hope James’s legal team is on top of making sure a prenuptial agreement is in place in case of an unfortunate divorce. You can never be too cautious. Prenuptial agreements are all too important for the rich and famous and really anyone looking to protect assets in a divorce.

In Jacksonville Beach and all of Florida, premarital agreements are governed by Florida Statute 61.079. This statute is often referred to as the “Uniform Premarital Agreement Act”. Under this act a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.

December 29, 2011

Child Support Guidelines

by David M. Goldman

The State of Florida has child support guidelines that must be followed when calculating child support in a divorce or paternity case. Generally speaking, the parties’ combined net income, the percentage of time each party spends with the children, and the number of children involved are used in determining the amount of child support. Child care costs and health insurance costs are also added into the equation when determining child support.

It is important to note that child support cannot be waived by the parents. Child support is considered a right of the child not of the parent. Therefore, parents cannot bargain away their duty to support their child(ren).

Contact a Jacksonville Child Support Lawyer for further information of Florida’s Child Support laws.

December 26, 2011

Celebrity Divorces of 2011

by David M. Goldman

2011 has been a big year for celebrity divorces. Some of the most notable 2011 celebrity divorces include:

(1) Kobe Bryant and Vanessa Bryant,

(2) Arnold Schwarzenegger and Maria Shriver,

December 22, 2011

Equitable Distribution: What is it?

by David M. Goldman

Florida is an equitable distribution state, meaning that marital assets are divided on an equitable basis. Or at least that is a court’s objective. Under Florida’s equitable distribution statute, marital property should be equitably divided between divorcing parties.  

Florida Statute § 61.075 requires that a court begin the process of dividing assets and liabilities by setting aside those assets that are defined as “non-marital.” 

• typically those assets which either were owned prior to the marriage or inherited during the marriage and not mixed with marital assets,

December 21, 2011

Florida House Bill 549

by David M. Goldman

Florida lawmakers like others across the nation are taking the issue of permanent alimony to the legislature. Florida lawmakers are currently considering Bill 549, which would end permanent alimony in the state.

Currently, Florida Statute 61.08 reads, “Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.”

Permanent means exactly that, PERMANENT. The obligor ex-spouse pays the ordered alimony until such time the obligee ex-spouse remarries, dies or the judgment is otherwise modified.

December 14, 2011

Disparaging the Other Parent? Bad Idea!

by David M. Goldman

As a Jacksonville Divorce Lawyer I am familiar with the many issues that surround custody disputes. I also know what Jacksonville 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.

Jacqueline Harounian speaks on this topic in her Huffington Post article titled “How To Lose Child Custody“. Harounian states, “A parent who is constantly denigrating the other parent, leaking anger, and negatively influencing the child’s relationship with the noncustodial parent will be reprimanded. In extreme cases, there will be allegations of parental alienation and interference with parenting time. Many judges will consider a change of custody if this type of interference is shown.Bottom line: if you want to show the Judge that you will promote the best interests of your child, then you need to show that you recognize the value of the child’s relationship with your ex, and will take the steps to encourage that relationship. Of course, when you are going through an adversarial proceeding with someone you don’t like very much, it can be very hard to put those feelings aside for the sake of your child. But that is exactly what you need to do if you want to prevail in your case.”

If you’re considering divorce and live in the Jacksonville area contact a Jacksonville Divorce Lawyer today to schedule a free consultation.