Articles Posted in Divorce

As a Jacksonville, Florida divorce attorney, I am saddened at times by the sheer battles that can occur in the courtroom during a divorce trial. Many people, however, do not want to battle it out and create battle scars that never heal. Especially when the parties share children. There is an approach to divorce in Florida that is taking good ground and that is the collaborative divorce in Florida. In a collaborative divorce, the parties sit around a table with their lawyers and try to reach an amicable solution and an agreeable contract that will split everything and restore the parties to the status of being single without destroying the relationship forever. Please contact a collaborative divorce lawyer to discuss this option if you are cautious about a war in court.

The Foreclosures in Jacksonville, Florida are astounding. As such, foreclosures in Florida are directly impacting divorce in Florida. In the past, the house was an asset but now it can be a real liability financially especially if the house is being foreclosed on. Who will take the debt in a divorce in Jacksonville, Florida? Well, typically, the courts equally divide the debt. However, there are ways to argue for an unequal distribution of debt. If you are experiencing a foreclosure on your home in Jacksonville, Florida and are contemplating a divorce in Florida, please contact a Jacksonville, Florida foreclosure attorney and a Florida divorce lawyer for advice on how to possibly keep your home and to keep you from being liable for a debt that you won’t be able to pay.

Jacksonville, Florida is a military town and thus requires a Jacksonville Divorce Attorney to know and understand military law. When a client or a client’s spouse is in the military, this creates issues that are above the normal divorce in Florida issues. The military retirement is an issue as it is so different from civilian retirements. Also, a military divorce in Jacksonville, Florida requires the Jacksonville divorce lawyer to understand that the military requires the military personnel to support their family during the pendency of the divorce process. This can negate the necessity for a temporary needs hearing and save the client some money. As such, if you or your spouse are in the military, please contact a Jacksonville military divorce lawyer to protect your rights.

A reader of this blog recently asked me a question that has a relatively simple answer. I’ve received this question numerous times.

The reader wanted to know whether Florida requires couples to attend marriage counseling prior to getting a divorce. The answer for the most part is no. However, nothing in law can be explained away with a simple yes or no answer.

Florida Statute 61.052 (2)(B)(1)(2) & (3) read as follows:

I recently received an inquiry from an individual who wanted to know if he could proceed with a divorce without knowing his Wife’s whereabouts. He informed me that he and his Wife have been married for nearly 10 years yet have not seen nor heard from one another since a month after their wedding.

In short, a divorce can be completed without knowing where one’s spouse is. However, the Petitioner must make a “diligent search and inquiry” into their estranged spouses whereabouts in order to serve them the Divorce Petition. Only after such search can the service of the petition be made by publication.

To learn more about what the Court requires when filing for divorce without knowledge of the other spouses whereabouts contact a Jacksonville Divorce Attorney today.