Divorce

September 6, 2011

Parenting Class and Divorce

The State of Florida requires all parents seeking dissolution of marriage to complete a parenting course before granting a pending divorce. Said parenting course is designed to educate parents on the complex and challenging issues that often arise through the divorce process with parents and children alike.

In Duval County the required course is the Children First in Divorce Program offered through Hope Haven’s Children’s Clinic. Both parents are required to complete the course but do not have to do so together. Also, many Judges require completion of the above mentioned course in paternity actions.

If you are a parent considering divorce in Duval County and have questions regarding what else Florida requires in a dissolution of marriage proceeding contact a Duval County Divorce and Child Custody Attorney today.

September 1, 2011

Planning for Disasters in Your Parenting Plan

by David M. Goldman

While Hurricane Irene brought minimal damage to Florida, Floridians are well aware of the destruction and disruption such disasters can cause. Despite this, many parents fail to take such disasters into account when creating their timeshare schedule.

For example, let’s say you and your spouse split timesharing throughout the year. You have timesharing for a few weeks during the summer, but your spouse has majority timeshairng. Unfortunately, a hurricane arrives and cuts your visit a week short. You were really looking forward to spending as much time as you could with your children, but your spouse is not keen on allowing you to keep the kids past your court-ordered date.

If your agreement doesn’t mention natural disasters, you might have to petition the court to allow you to keep your kids a few extra days. Doing so isn’t free, and this may deter many parents from trying to get relief in court.

August 30, 2011

Divorce is Emotional and can Cause Financial Woes

by David M. Goldman

As a Jacksonville Divorce Lawyer, I know that divorce affects people in numerous but often similar ways. Many divorcing clients of mine are affected emotionally, mentally and of course financially. However, WebMD recently posted an article titled, “Marriage and Divorce Trigger Weight Gain.” Therefore, not only are divorcing individuals burdened with emotional, mental and financial woes, they can also look forward to packing on the pounds.

If you see divorce and its added baggage being in your future contact a Jacksonville Divorce Lawyer today, who may be able to help you reduce the pain and added annoyances associated with divorce.

August 22, 2011

Divorce and Child Support

by David M. Goldman

In Florida all parents must contribute to the support of their minor child(ren). A minor child is defined as a child who has not yet reached majority (18 years old). If however, the child is 18 but is still in high school, than child support can be extended until either high school graduation or the child’s 19th birthday; whichever occurs first.

Child support in Jacksonville is based upon the Florida Child Support Guidelines and the net income of both parents. It is based solely upon income and parent’s expenses or cost of living is never considered. Parents CANNOT legally waive child support. Child support is a right of the child, thus not a right of parents who can choose to waive them. Therefore, in every case where there are minor children, child support must be determined.

For more information regarding Child Support in Jacksonville, Florida, contact a Jacksonville Child Support Attorney today.

August 18, 2011

Types of Alimony

by David M. Goldman

Florida recognizes Five types of Alimony, which include:

Permanent Alimony provides for ongoing monthly payments until the death or remarriage of the recipient. Recent changes in the law allow modifications in cases of “cohabitation in a financially supportive relationship,” even without remarriage.

Durational Alimony is awarded to provide the receiving party with financial assistance during a period of time following the marriage, and may be modified or terminated. Durational alimony may not be awarded for a period of time exceeding the length of the marriage.

August 17, 2011

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 Divorce Attorney today.

August 7, 2011

Divorce In Florida And Intentional Dissipation Of Assets

by David M. Goldman

In Florida, prior to the point at which a couple actually “files” for divorce, there is usually a breakdown period of time that the couple has gone through that has led to the actual divorce. This breakdown period can be a matter of only a month or may have been years. In the cases where this has been a longer period, as a Jacksonville Divorce Lawyer, I have seen where one party used marital assets for his or her own benefit, outside of the marriage. This is called “intentional dissipation.”

To combat the benefited party receiving a disproportionate amount of marital assets in a divorce proceeding through equitable distribution, the Florida legislature allows the other party to prove the amount the benefited party used during the marriage. This amount is then put towards the amount the benefited party would receive and will count the amount taken by the other party as money the benefited party already received.

If you are considering divorce and have gone through a long breakdown period, contact a highly recommended Jacksonville Divorce Attorney who can track down the amount of marital assets your former spouse used outside your marriage.

August 6, 2011

Child Custody Modification In Florida

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child custody order can be modified after a divorce in Florida. In short, yes, parents can change their Florida custody agreement. However, the standard under Florida Law if often difficult to satisfy. In general, Florida courts require a substantial change in circumstances to justify the modification of a child custody agreement in Florida. A parent asking for the change can show a substantial change in circumstances in several ways. Some examples include a geographic move or a change in lifestyle. If a custodial parent makes a significant move, or a move will seriously disrupt the stability of a child’s life, the move may qualify as a substantial change in circumstance and warrant a modification of the custody agreement. Additionally, if substantial changes in a parent’s lifestyle threatens or harms a child, a modification to the custody agreement may be granted. Florida courts use the “best interests of the child” standard as a guiding principle when making custody decisions. This principle often trumps all other factors when making any kind of custody decision. A parent wishing to change the residence arrangement under a divorce decree has a heavy burden to satisfy. In these cases, it is essential to retain a good Florida family law lawyer. If you have any questions about specific circumstances, contact a Florida family law attorney today, and I will be happy to help you.

August 5, 2011

Florida Annulment: Can Be Granted Due To Lies Before Marriage

by David M. Goldman

Living and practicing as a Florida divorce attorney and Jacksonville family lawyer in Jacksonville, Florida, I have noticed an up surge in people lying to their future spouse during courtship. Many times, the couple gets married based on these lies. It is not until after the wedding that the lies surface leaving a spouse hurt and confused. The court has come to call these lies “fraud”. If the hurt party can show that he or she relied on these lies that he or she was told to enter into the marriage, a Florida Family Law court may rule that but/for the “fraud”, the hurt spouse would not have entered into the marriage. If you think you were told lies by your spouse before your marriage and you relied on those lies in making your decision to marry your spouse, you could be eligible for an annulment in Florida. Please contact a Jacksonville Divorce Lawyer to arrange your free consultation.

August 1, 2011

Common Law Marriages Outside Of Florida Can Be Valid

by David M. Goldman

The state of Florida has changed its view on common law marriage in 1967 to not allowing it. As a Florida family law attorney, I get many questions from people who have resided together as husband and wife who have never been officially married. Florida will only recognize this type of marriage if it was formed in another jurisdiction that does allow this type of marriage. In a recent case, a couple had lived as husband and wife in another country without ever having been officially married. The Florida court had to follow the laws governing marriage in the foreign country, which allowed the couple to enter into a common law marriage. If you are from a foreign jurisdiction (either another country or another U.S. state), and your “husband” or “wife” has been in an accident, it may be pressing to get a Florida court to determine that you have some marital rights. If you have a situation where you require a determination of marriage, please contact a Jacksonville family law lawyer.