Divorce

April 13, 2011

What is a Default Judgment in a Divorce?

I recently received a question from an individual who just had a default judgment entered against him. He simply asked, what was a default judgment and what can he do about it.

A default judgment is a binding judgment in favor of either party based on failure to take action. Most often a default judgment is entered against a party based on failure to respond to a summons or failure to appear before court. The default judgment usually encompasses the relief requested in the serving party’s original petition.

When a party files for divorce a summons is served along with a copy of the divorce petition on the other party. The receiving party then has twenty days to file an answer. If no answer is filed a default judgment can be ordered against them.

April 12, 2011

What To Do When Communication Stops

by David M. Goldman

One of the most important parts of being a divorce lawyer in Jacksonville, Florida is communicating with clients. Often I get clients who have had other divorce lawyers in Florida in the past, and the primary complaint is that they cannot get in touch with them after paying them money a.k.a. “a retainer fee”. What can you do if you cannot reach your Jacksonville divorce attorney? The first step would be to send the attorney a certified letter indicating your attempts to reach him or her and requesting a return communication. If that fails, you can contact the Florida Bar at www.flabar.org to inquire as to whether the attorney is still in practice. The Florida Bar can help you in locating your Florida divorce lawyer. However, if you call your divorce attorney on one day and do not hear from him or her in the same day or within a couple of days after your message, this is not good reason to call the Florida bar. Repeated and numerous attempts at communication without response is required. Although your case is important to your divorce lawyer, your case is not the only case that he or she may have. Thus, patience is important. Most likely, your “emergency” is not a legal emergency. Give your divorce attorney a chance to get back with you before filing any complaints.

April 6, 2011

Child Custody Issues

by David M. Goldman

As a Jacksonville Child Custody Attorney I often see cases where one party will do everything in their power to sabotage the other party. This is the worst thing a parent can do who is involved in a child custody battle. Not only can certain actions put that parent in a bad light in front of the Judge but it can also be detrimental to the child.

Therefore, when I begin a case, whether it be a divorce case or a paternity case, among other things I tell the parent the following:

• Do not make disparaging remarks regarding the other parent in the presence of the minor child.

April 4, 2011

Dissipation of Marital Assets

by David M. Goldman

As a Jacksonville Divorce Lawyer the majority of my clients tend to be concerned about what will happen to their marital finances during their divorce proceedings. These clients are rightfully concerned because many individuals going through a divorce take the opportunity to start dissipating marital assets, by either selling items that would likely be equally distributed during the divorce or charging large amounts on credit cards.

However, as I tell all my divorcing clients, with every divorce proceeding in Duval County a Standing Family Law Court Order in entered. Among other things, this Order includes the following provisions:

“Neither party shall sell, transfer, encumber, conceal, assign, remove or in any way dispose of, without the consent of the other party in writing, or without an order of the court, any property, individually or jointly held by parties, except in the usual course of business or for customary and usual household expenses or for reasonable attorney’s fees in connection with this action.”

April 3, 2011

Military Divorce Options

by David M. Goldman

A military divorce in Jacksonville, Florida creates some special needs that a Jacksonville divorce lawyer should be familiar with. Military divorces create certain issues that do not arise in civilian divorces. There are special laws enacted that are designed to protect a military member on active duty from having to respond to a legal action begun while he or she is deployed. Also, military retirement pay is handled differently than civilian retirement. Contacting a Jacksonville military divorce lawyer is crucial if you are a military member experiencing a divorce.

April 2, 2011

Florida Divorce And Timesharing: Even Tiger Woods Has To Be Flexible

by David M. Goldman

As a divorce lawyer in Jacksonville, Florida, the hardest thing about divorce is attempting to provide each party time with the children. Setting up a Florida Parenting Plan in a divorce is tricky to provide the most convenient opportunity for each parent to spend quality time with the children. Even Tiger Woods has had to make adjustments in playing in golf tournaments since his Florida divorce. Tiger Woods has had to make concessions and sit out on some major tournaments because the tournaments have fallen on his weekend time with his children. Many people who are experiencing divorce in Florida need a Florida divorce attorney to help maximize the schedule for time-sharing with their children.

March 31, 2011

Divorce In Florida, Children and Taxes

by David M. Goldman

It’s tax season yet again and those who have experienced a divorce in Florida may wonder which party can claim the child on the tax exemption in Florida after a divorce. Florida divorce lawyers in Jacksonville, Florida can create an agreement whereby the parents agree to rotate the tax dependency exemption after a divorce wherein one parent claims the child(ren) in odd numbered years and the other parent gets the exemption in even numbered years. Without an agreement, however, the primary residential parent will get the exemption. Please contact a Jacksonville Florida Divorce Lawyer today to create an agreement to best maximize your dependency tax exemption after divorce.

March 30, 2011

Planning For Divorce In Jacksonville, Florida

by David M. Goldman

As a Jacksonville, Florida divorce and family law attorney, I often wish I had met clients prior to the point of filing for divorce in Jacksonville. There are many things that one can do to better position themselves in a divorce especially if child custody in Florida is involved. One important aspect is estate planning in Florida. There are horror stories that abound where couples are divorcing and are estranged and one of them dies. Under Florida Probate law, the surviving spouse is entitled to certain things including the right to determine where their estranged spouse is to be buried. A Florida divorce lawyer can put you on the path to a better divorce if you contact one with enough time to properly prepare for divorce before filing.

March 29, 2011

Divorce In Florida: Sex, Lies and Facebook Pages?

by David M. Goldman

Often, divorce in Jacksonville, Florida is not pretty. Divorce lawyers in Jacksonville, Florida know all too well that when the time comes for dividing property, children and bank accounts that the gloves come off and allegations start flying. What can you do to prevent your secrets from being told to a Judge in a Florida child custody case? Well, for one thing, stop posting your every move on Facebook! Those pictures that are posted on facebook are pictures that can be used against you in a child custody case in Florida. A child custody issue in Florida will require a Florida child custody attorney to guide you through the steps you can take to give you a better edge in the case.

March 27, 2011

Debts And Divorce In Florida: Are My Debts Dischargeable?

by David M. Goldman

As a Florida divorce lawyer, clients often ask me if their Florida alimony or Florida child support obligation is dischargeable in a bankruptcy in Florida. The answer is no. Under section 523(a)(5) of the Bankruptcy Code, virtually all obligations and debts stemming from the marriage such as credit card obligations, mortgage loans and car loans are now no longer dischargeable in bankruptcy if the obligation to pay these items stemmed from a divorce in Florida. Now, any and all obligations of whatever kind or nature flowing from a divorce in Florida are nondischargeable in bankruptcy, a change of which Jacksonville Divorce Attorneys and judges should now know.