Jacksonville Divorce Attorney Blog

February 26, 2013

When Attending Mediation have a Good Attitude, an Open Mind (and an Open Heart) and you just might be Pleasantly Surprised

A client walked into Apple six months ago, trying to get his alimony modified. He was not sure about hiring an attorney because he felt his previous attorney was a tiger in his office but a wallflower in Court. We finally asked us him to let us try to solve his family law problem and made a commitment to treat him like our most important client. His reluctance gave way to confidence in our firm and he hired us.

The case was a garden-variety modification of alimony, one of the most heavily litigated types of family law cases. The standard for a modification of alimony is completely at the discretion of the court. The court does not have an obligation to modify; it just has the option…that is if your attorney proves the three elements. To receive a modification of alimony the petitioner, the person asking for the modification in layman’s terms must demonstrate that three things have happened since the original divorce:

• The party asking for a modification must demonstrate a material change in circumstances. That means things have drastically changed for one party for the better or the worse. Sickness or long-term loss of employment can be examples of such material changes.

February 4, 2013

What Is an Order To Show Cause?

by David M. Goldman

An order to show cause is a type of court order that requires one or more parties in a court proceeding to come to court to justify, explain, or prove something to the court. Typically it means the Judge in a case needs more information before he or she decides to do something. For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children.

Other examples of an order to show cause in a family law context would be when one parent has not been paying court ordered temporary child support while a case is pending. One party may petition the court to find the other party in contempt. The court may issue an order to show cause to find out if the allegation is true and ascertain why the party is not paying support. Perhaps the party is was in the hospital and was not able to work. The judge can then make an informed decision regarding the order and issue an appropriate sanction or no sanction at all.

If you are on the receiving end of a notice for an order to show cause, it is not something to set aside or ignore. You may wish to contact a family law attorney to assist you in protecting your rights. If you have such an order in hand, or have any questions regarding any other legal issue, give Law Office of David M. Goldman a call at 904-685-1200.

January 31, 2013

Florida man accused of fraud after name change in ‘act of love’ – Yahoo! News

by David M. Goldman

http://news.yahoo.com/florida-man-accused-fraud-name-change-act-love-224309320.html

This is an interesting case in that it clings to the outdated notion that a married woman is an extension of her husband. It will be interesting to see how this turns out.

January 30, 2013

Can Divorce Ruin My Credit?

by David M. Goldman

Yes, it can. It probably will, unless you hire a good financial planner and a good attorney well ahead of the time you decide to file for divorce.

Most credit can be extended to immediate family members. When credit is extended to a family member, the principal member assumes the primary responsibility of paying the amount due on the credit card or credit obligations. Most often, credit extensions are extended to spouses.

Most couples undergoing divorce or have been divorced for some time, get surprised that they are billed for things that they have no knowledge of having bought. Situational examples are:

January 28, 2013

What to Expect With Your Family Law Case

by David M. Goldman

For most of us, divorce court, or any courtroom proceeding is foreign territory. Navigating through unfamiliar laws and proceedings certainly can be stressful, especially when you are in an emotional low spot.

Here is generally what you can expect as you go through the procedure of a divorce:

There are four major issues to be settled in divorce court:

January 14, 2013

How To Win Your Family Law Case By Keeping The Judge Happy: #2 In Court, Address the Judge, Not the Other Party or Lawyer

by David M. Goldman

Be a professional when you’re in Court. Show the Judge you’re an well adjusted adult…Address the Judge, never the other party.

For a non-attorney and even some attorneys a courtroom can be a strange and scary place. Courtroom proceedings can seem arcane and intimidating. This is one of the myriad of reasons that it is always far better to try to settle or mediate your dispute outside of court. Why allow a third party to make all the decisions for you when you could conceivably settle the case on your own?

The time to address the other side regarding your case is before you enter a courtroom. Once you enter the Courtroom, it’s the Judge’s Show, and the “winning litigant” always respects that.

January 14, 2013

Ten Unbreakable Rules in Every Child Custody Case

by David M. Goldman

1. Never Lie in Court

The very worst thing you can do is lie in court. Many people take liberties with the truth in a domestic case. In most cases the Family Law Judge has to decide a case based upon conflicting testimony from the parties. Help the court choose your side by telling the truth, the whole truth and nothing but the truth.

2. Never Lie to Your Lawyer

January 10, 2013

Series– How To Win Your Family Law Case By Keeping The Judge Happy: #1 Is My Position Reasonable?

by David M. Goldman

Very often a client will tell me he or she wants the best possible outcome in a divorce case. He or she may want the other Parent to have diminished time with their child. Much of the time this parent thinks they are protecting their child from what they see to be a bad person. They have confused their failed relationship with this person with a failed parent, which is an entirely different thing. I take a different approach…is my client’s position a reasonable one that I can justify to the Judge? The one issue that must remain on a client’s mind is this: Will a third party (read the Judge) find my position reasonable?

I find this one of the most important and effective of tools to obtain good and fair results in the courtroom, even when I can’t achieve every single one of my client’s goals. Reasonableness speaks to credibility. It also assumes that possibility of some win-win, and enables the Court to feel it has achieved substantial justice. Judges don’t generally like giving one side everything they ask for, unless of course they are really displeased at the other side.

By staking out a position that the judge will find thoughtful and reasonsable, you may gain wiggle room in other areas that you deem to be more important. Winning in Family Court means everyone walks out a winner. And a very happy Judge.

January 9, 2013

Kanye West Might Need to Take Care of “Family Business” and have His Paternity Established

by David M. Goldman

At least that is what divorce lawyer Vikki Ziegler thinks he should do. She explains that in order to assure that the baby is legally “his,” he must take into account the fact that his girlfriend, Kim Kardashian, is still married to husband Kris Humphries.

Kanye must take Kim’s marriage to Kris into account because Kim’s Baby is legally presumed to be the offspring of her husband.

She advised Kim to end her marriage to Kris right away. This way she will be unmarried or married potentially to Kanye when her baby is born.

January 9, 2013

Can the other parent of my child change the child’s name without my consent?

by David M. Goldman

Obtaining a name change in Jacksonville, Florida is generally pretty straightforward, especially if you obtain a Jacksonville Name Change Attorney, as the process is typically uncontested. That being that case, a person can usually obtain a name change without much hassle. Obtaining a name change for a minor child, however, may involve some family law issues.

Family law in Florida — and any state, for that matter — can be a tricky issue for both the state legislatures and the courts. The general idea is that courts are busy enough and do not need to be inviting trouble.

This is the case with obtaining a name-change for a minor child. Where both parents agree to the name change, the process is usually smooth: a Jacksonville Name Change Attorney can help you prepare the documents and, so long as no issues arise, the name change should go through.