Divorce

October 28, 2011

Alcoholism and Divorce

Alcoholism is the leading substance abuse problem in the United States. It has been estimated that over 13 percent of adults will experience some form of alcohol abuse at some point in their lives. For many of these individuals it can be a factor in the dissolution of a marriage. As a Jacksonville Divorce Lawyer I see alcohol play a role in many of my divorce cases.

Not only can alcohol abuse be a factor that leads a spouse to file for divorce but alcohol abuse can also play a large role in divorce proceedings, especially if the parties have children.

For example, if one party has a severe alcohol abuse problem and often becomes violent when under the influence or drives while under the influence of alcohol, this will be considered when the court determines issues relating to the parties’ children.

October 26, 2011

Evidence: Text Messages and Divorce Case

by David M. Goldman

Recently, an Australian man had charges of rape dismissed because of text messages stored on his iPhone. It’s not uncommon for text messages to be used in such cases; what’s interesting is that the man had deleted the text messages several weeks earlier. Fortunately, an it expert was able to access those deleted messages and recover them for use in the rape case.

Text messages from phones are often difficult to access once they’ve been deleted, however; as a Jacksonville Divorce Lawyer I know that retrieval of these messages is possible. Specifically, your cell phone service provider may hold on to the content of text messages for a certain time period, so even if you delete them from your phone, they might be accessible. Often times a subpoena is necessary to retrieve the text message content.

This information has been important in many of my Jacksonville divorce cases because text messages may reveal valuable evidence regarding child custody, adultery, injunctions, etc. Typically, it is not a good idea to use text messages for intimate discussions or other conversations you may wish to keep private. If you don’t want something you say to be used against you, either don’t have the conversation or have it in person so there’s not a history of the conversation stored on your phone or computer. And remember, if you are going through a divorce, contact a Jacksonville Divorce Lawyer to discuss your questions or concerns.

October 24, 2011

If My Spouse Gets To Keep The House, Can I Still Be Held Responsible For The Mortgage? 

by David M. Goldman

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 responsible 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 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.

October 22, 2011

Los Angeles Dodgers Owner Reaches Divorce Agreement With His Soon To Be Ex-Wife

by David M. Goldman

The Daily Pitch is reporting that Frank and Jamie McCourt have reached a divorce agreement that will give Frank McCourt, the Los Angeles Dodgers Owner, sole control over the Dodgers. Jamie McCourt, on the other hand, will be leaving the marriage with a hefty $130 million in her pocket. The settlement is believed to be the costliest divorce in California history.

As a Jacksonville Divorce Attorney, I can’t help but think of how less costly the McCourt’s divorce could have been had they worked together and agreed to settle nearly two years ago. In Jacksonville, I see clients argue over the most insignificant things because they are experiencing so many emotions due to the divorce. I can only assume that is what the McCourts did, except for on a much larger financial scale.

I personally tell my Jacksonville clients to look at the big picture and to try to take emotions out of the decision making as much as possible. This is often a difficult thing for clients to do, however; I know in the long run it is the best way to go about a divorce.

October 19, 2011

Don’t Rely on a Verbal Child Support Agreement

by David M. Goldman

Let’s say you and your ex divorced several years ago. It was somewhat contentious but the two of you try to maintain some contact because you have children. As part of your divorce, your spouse retained custody of the kids and you have to pay $500 a month in child support. But after a while you got a different job and could no longer afford the $500 a month. You spoke with your ex and she agreed to accept $300 a month instead. You have been paying the $300 a month like clockwork for the past 20 months, but now your ex says you owe her the difference — $4000. Do you have to pay?

Unfortunately, you may have to. You and your wife may have made an oral agreement, but the court might not give that agreement any effect because the only agreement on record is the one that said you pay $500 a month. That oral agreement — though made with the best of intentions — could end up costing you thousands of dollars.

Instead, you should attempt to modify your custody arrangement in court. This can be done, and is easier when your spouse agrees to the change. Speak with a Jacksonville Family Law Attorney to discuss your options.

October 18, 2011

Cheating Spouses and Divorce in Jacksonville Florida

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 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.

October 14, 2011

Divorcing a Spouse Who Has Alzheimer’s Disease

by David M. Goldman

A few weeks ago, Evangelical host of the 700 Club Pat Robertson made waves when he suggested that Alzheimer’s is a type of death and it would therefore be permissible to divorce someone suffering the disease. Many people in both medical and religious groups took offense to Mr. Robertson’s statement, but what about the legal aspects? Would the courts even grant such a divorce?

In Florida, there are two general grounds for divorce: the marriage is “irretrievably broken” and mental incapacity. A divorce based on mental incapacity would likely not be granted by claiming mental incapacity, as that requires the other spouse to have been adjudged incapacitated for the past three years.

The only available option seems to be asking the court for a divorce based on the marriage being “irretrievably broken” — but since the other spouse is incapacitated, he or she would likely require a guardian. A judge might not be lenient in granting a divorce in such a situation, but it appears to be possible. It is certainly an interesting issue. If you or someone you know has been served with divorce, make sure you have a Florida Family Law Attorney helping you get through this difficult situation.

October 13, 2011

Two-Year Marriages in Mexico City?

by David M. Goldman

Most of us think of marriage as lasting “till death do us part”, but high divorce rates are making that sentiment less of a reality. Facing a high divorce rate, legislators in Mexico City have made waves recently by proposing legislation that limits the marriage commitment to two years, as many divorces occur within those first two years.

The bill is not yet law and still needs to address issues such as child support and estate planning. Nevertheless, proponents argue it will save money and time by allowing couples to choose a two-year marriage if they’d like. Of course, the bill has been met with plenty of opposition from Mexico’s conservative groups. These groups claim the bill ignores fundamental aspects of marriage, which should be a lifetime commitment.

Nevertheless, this bill is an interesting method for solving rising divorce rates. It’s unlikely that such bills will be proposed–let alone passed–in the US anytime soon. However, if you are going through a divorce, contact a Florida Family Law Attorney today.

October 7, 2011

Child Custody: 50/50 Custody

by David M. Goldman

As a Jacksonville Beach Child Custody Lawyer, I will, on occasion, have clients ask whether the Judge overseeing their divorce will likely grant them and their soon-to-be ex-spouse 50/50 timesharing (commonly known as custody). The law surrounding this question is convoluted at best.

Basically, Florida law has established a presumption against ordering rotating or 50/50 timesharing. With this presumption Florida courts have traditionally not ordered 50/50 timesharing unless the court can find that exceptional circumstances exist which make such a timesharing arrangement in the best interests of the child.

However, in 1997 the Florida Legislature enacted section 61.121, Florida Statutes, which states as follows: “The court may order rotating custody if the court finds that rotating custody is in the best interests of the child.” And looking just at the plain language of this Statute it appears as though there is no presumption against 50/50 timesharing.

October 6, 2011

How Can I Hire an Attorney When My Spouse Has All the Money?

by David M. Goldman

When a family is going through a divorce it can be one of the toughest times in a person’s life. Concerns range from child support, alimony, and distribution of assets and liabilities. Many people find themselves so caught up in the emotion of their case that they can overlook very important considerations. That being said, let’s look at a specific example of oversight that could potentially cost a person thousands of dollars.

Say husband and wife are getting a divorce, and at issue is the support due wife after the dissolution. Wife, in her settlement agreement, gets husband to agree to give her a portion of his 401(k), let’s say $50,000, and in turn waives her right to any alimony that she could potentially qualify for. Unfortunately, wife’s attorney forgets to account for taxes inherent in 401(k)’s, and instead of negotiating the taxes into the agreement, the wife ends up paying nearly 30% in tax on the settlement, $15,000. With careful negotiation the husband might have agreed to account for those taxes, thus giving the wife the full value of her settlement.

Issues like the one seen above can be avoided by carefully choosing a Florida Divorce Lawyer who will represent you. An experienced Florida Divorce Lawyer is sure to take the important tax implications into consideration before presenting a proposed final agreement. Contact a Jacksonville Divorce Lawyer to discuss the facts surrounding your case today.