Divorce

October 5, 2011

Divorce Mediation

In the vast majority of divorce cases (and all family law cases for that matter) in Duval County, Family Law Judges order parties to attend Mediation prior to trial. As a Jacksonville Divorce Lawyer, I know that the majority of these cases can be settled at Mediation.

What exactly happens at Mediation? Well, in Mediation, a neutral third party (the mediator) helps negotiate a marital settlement agreement between the divorcing couple. However, it is important to know, the mediator cannot force either party to agree to anything. The decision-making is truly left up to both parties, which is of course completely opposite then if the parties were to go before a Judge. The mediator can meet with the parties together and/or separately to see if a compromise can be reached, which tends to be far more relaxed and informal then trial.

If an agreement is reached during the mediation, it is immediately reduced to writing. Which then, basically becomes the final divorce decree, and is legally binding. After an agreement is made and reduced to writing at mediation all that is left to do is have the Judge sign the agreement and thus make the divorce final.

October 4, 2011

Mexico City Proposes Law that Would Require Marrying Couples to Estimate How Long Marriage Will Last.

by David M. Goldman

Mexico City legislators have recently proposed a new bill that would require all marrying couples to sign a prenuptial agreement indicating how they plan to handle certain issues that may arise in the event of a divorce. The proposed bill would also require couples to estimate how long they expect to be married.

Sponsors of the bill suggest that the bill’s purpose is to cut down on the lengthy and often hostile divorce proceedings that are currently clogging the court’s docket. Sponsor’s believe that requiring couples to agree on divorce terms prior to the end of the marriage will directly benefit the court’s docket.

Needless to say local Catholic leaders are not that keen on this proposal. Specifically, Rev. Hugo Valdemar, spokesman for the Catholic archdiocese for Mexico City, stated, “this denigrates the concept of the family… and makes it more like a pact between friends.”

September 26, 2011

Quick Divorce? Depends on the Circumstances.

by David M. Goldman

It is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without the involvement of any attorney, usually only if there are no children of the marriage and few assets that need dividing. But many people face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so even where there is no “dispute” between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a hearing in front of a Judge) even in uncontested cases – so it is important for each party to be represented by separate counsel.

If you are facing divorce or are even considering the prospect of divorce, contact a Jacksonville Divorce lawyer to discuss the particular situation today.

September 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

September 22, 2011

How much does a Divorce Consultation Cost?

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.  

September 17, 2011

How to Start a Divorce

by David M. Goldman

Jacksonville Florida divorce case are also known as a Dissolution of Marriage Proceedings. A Jacksonville Divorce can be started by either a husband or wife after having lived in Duval County for six months. To start either party must file a Petition for Dissolution of Marriage with the court and serve the same on the other party. The “served” party then has twenty (20) days to file an “Answer” or other response to the Petition.

This twenty (20) day time limit is extremely important in that if an “Answer” is not filed within that time frame a “Default” judgment may be entered against the “served” party, which may necessarily grant the Petitioning party everything requested in the Petition.

Therefore, if you have just been served with a Petition for Dissolution of Marriage it is imperative to contact a Jacksonville Divorce Attorney as soon as possible. Feel free to contact Law Office of David M. Goldman at (904) 685-1200 at any time. I will be happy to schedule a free consultation any time, including nights and weekends.

September 13, 2011

The Dangers of Social Networking in Divorce

by David M. Goldman

If you are going through a divorce, it is very important that you try not to talk about it to too many people. It’s natural for you to vent your feelings and anger, but keep these conversations limited to close friends and family.

You should never discuss any aspect of your divorce on any social networking site, such as facebook and twitter. Not only can this start needless arguments online, but these arguments are archived essentially in stone. Even if you delete a comment or post, it has been archived on a computer that you likely do not have access to. In certain circumstances, this information can be subpoenaed or obtained through other methods and then used against you.

In fact, the lawyer for the other side may find a way to use social networking information against you, even if you think it’s something innocent. For example, if you have pictures of yourself at a bar, the opposing council could use it in a custody battle. Or, if you tell your former spouse that you don’t have any money, don’t post pictures of your new car on your profile.

September 12, 2011

Dating During Divorce, is it ok?

by David M. Goldman

Clients often ask me whether it will hurt their divorce case if they date someone before their divorce is final. I tend to tell them, it depends on whether or not children are involved in their divorce.

If children are involved, especially young children, I think it is probably best to hold off on dating. This is especially true if you want to introduce the children to your new significant other. This could cause issues with the children and your soon to be ex-spouse.

However, if no children are involved in the divorce I don’t think dating during the divorce process will necessarily harm the case in a negative way. But I still think it should be done discreetly.

September 9, 2011

How to Get Started With A Divorce

by David M. Goldman

Florida is one of the many states that does not consider fault for grounds of divorce. In other words, you don’t have to show that your spouse has wronged you in any way; you just have to show that the marriage is “irretrievably broken.”

The actual process is relatively straightforward. Either spouse may file the dissolution of marriage, so long as he or she can show that the marriage exists, that one party has been a Florida resident for the past six months, and that the marriage is irretrievably broken. While this process may sound simple, it may involve some unfamiliar procedures, so please speak with a Florida Family Law Attorney before taking any action on your own.

Once the divorce is granted, the court may consider fault in awarding alimony and other asset distributions. An attorney is essential at this stage, as it may make a difference in the amount of money or other assets you have to give to your former spouse. A Florida Family Law Attorney can help explain the best options available to you.

September 7, 2011

Speedy Divorce?

by David M. Goldman

As a Jacksonville Divorce Attorney I often get asked by clients, “how quickly can I get this whole divorce thing over with?” Well, this question sounds easy enough, but all divorces are different. Some divorces can be highly contentious and be filled with numerous issues such as: child support, alimony, and property distribution. These types of divorces can last months and even years. On the other hand, uncontested divorces can be completed and signed by a judge within a month.

Either situation you find yourself in, having a knowledgable Jacksonville Divorce Attorney on your side is priceless. Contact Law Office of David M. Goldman to schedule a free consultation at my Jacksonville or Jacksonville Beach office.