Jacksonville Divorce Attorney Blog

May 3, 2012

Concerns in a Divorce.

When a family is going through a divorce it can be one of the toughest times in a person’s life. Concerns range from child support, alimony, and distribution of assets and liabilities. Many people find themselves so caught up in the emotion of their case that they can overlook very important considerations. That being said, let’s look at a specific example of oversight that could potentially cost a person thousands of dollars.

Say husband and wife are getting a divorce, and at issue is the support due wife after the dissolution. Wife, in her settlement agreement, gets husband to agree to give her a portion of his 401(k), let’s say $50,000, and in turn waives her right to any alimony that she could potentially qualify for. Unfortunately, wife’s attorney forgets to account for taxes inherent in 401(k)’s, and instead of negotiating the taxes into the agreement, the wife ends up paying nearly 30% in tax on the settlement, $15,000. With careful negotiation the husband might have agreed to account for those taxes, thus giving the wife the full value of her settlement.

Issues like the one seen above can be avoided by carefully choosing a Yulee Divorce Attorney who will represent you. An experienced Yulee Divorce Attorney is sure to take the important tax implications into consideration before presenting a proposed final agreement. Contact a Yulee Divorce Attorney to discuss the facts surrounding your case today.

May 2, 2012

Martin Lawrence Files For Divorce.

by David M. Goldman

News outlets are reporting comedian turned actor, Martin Lawrence, has filed for divorce from his wife, Shamicka Lawrence. Although the parties have only been married since 2010 they were a couple for roughly 15 years prior to tying the knot. They have two daughters together Iyana 9 and Amara 11.

Lawrence reportedly filed for divorce last Wednesday, April 25th, in Los Angeles County Superior Court. The celeb is said to have cited irreconcilable differences in his petition. Not surprisingly the parties are believed to have a prenuptial agreement.

Have family law issues but live in the Ponte Vedra area? Contact a Ponte Vedra Divorce Attorney today for answers to your questions.

May 1, 2012

Free Child Support and Divorce Consultation!

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 the termination of their marriage.

Our Jacksonville Florida Divorce and Family Law Attorneys recognize that a divorce or child custody issue 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 enjoy a normal and 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 served with divorce papers contact a Jacksonville Divorce Lawyer at (904) 685-1200 to schedule a free consultation.

April 30, 2012

Harassment During Divorce

by David M. Goldman

As an experienced Jacksonville Beach Divorce Lawyer, I often see couples at their worst. Many times, when a relationship is breaking up, the civility between the parties is also lost, and the harassing begins. This harassment can go from simply bothersome to criminal.

Florida law requires that if you feel that you are becoming the victim of harassment, you must first put the offender on notice to stop calling you or your family members or to cease the harassing act. You should keep a log of each call with the time, date, and number from where the call came and from whom. If the offender continues to harass you after being placed on notice to stop, then the act becomes criminal and you may seek the protection of the police or the Office of the State Attorney.

Also harassment may rise to the level of domestic violence if the harassment includes a threat or threats of violence. If physical threats have been made and there is a history of domestic violence an injunction (aka restraining order) may be an option.

April 29, 2012

Parenting Plans in a Divorce Case

by David M. Goldman

In Jacksonville all divorces where there are minor children (under the age of 18 in most cases) require a “parenting plan.” This is also true in paternity cases.

In a Jacksonville Divorce, a parenting plan is created to establish the roles of each parent in regards to important decisions about a child’s education, health care, physical, social, and emotional well-being and must include:

A description of who will be responsible for health care, school-related matters, and other activities.

April 28, 2012

Child Abuse and Child Custody

by David M. Goldman

As an Orange Park Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

April 27, 2012

Standing Family Law Court Order

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 26, 2012

Social Media and Divorce

by David M. Goldman

As a Ponte Vedra Beach Divorce Attorney I continuously come across the issue of social media and how it can and does play a part in divorces. I see social media play a role in nearly half of all of my cases. I have blogged on this topic on several occasions as well. Ten years ago this was not an issue, but now I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is because all to often pictures, status updates and videos are used against clients in trials. This is especially true in child custody battles.

Not surprisingly there have been numerous articles published on this topic. One of which can be found on The Huffington Post and is titled, “Don’t Let Social Media Sabotage Your Divorce.” The author of this article, Bari Zell Weinberger, Esq., lists three important steps that a divorcing party should take in order to avoid self sabotage. One, “Think before you post.” Don’t post any pictures or comments that you know could come back to haunt you as evidence at a trial. This should be quite apparent. Two, “Keep your social networking circles separate from your ex’s.” Keep your ex or soon to be ex off of your personal site. You don’t want your ex or soon to be ex to have the ability to gather any evidence that can be used against you. And finally, three, “Don’t reveal your location.” If you’re not where you are supposed to be do not announce to the internet world where you actually are at all times.

Should you live in the Ponte Vedra Beach area and are contemplating divorce contact a Ponte Vedra Beach Divorce Attorney today. A Ponte Vedra Beach Divorce Attorney can assist you with tailoring your personal social media sites to insure they cannot potentially harm your case.

April 25, 2012

I Want To Change My Name and Live in Florida. What Do I Do?

by David M. Goldman

Newly married or divorced individuals can simply have their name changed through their marriage certificate or their divorce decree. However, if someone wants to change to a new name for other reasons, such as they simply don’t like their birth name, a court order is required.

The process to have an adult name change in Jacksonville involves; filing a Petition with the court, having a criminal background check done, having fingerprints taken, and appearing before a judge at a final hearing.

Should you be a divorcee and did not have your maiden name restored in the divorce decree you still need to file a Name Change Petition with the court but you will not need to do a criminal background check.

April 25, 2012

Can I Still Be Responsible For the Mortgage Even After Divorce?

by David M. Goldman

The short answer to this question is, unfortunately, yes. A mortgage contract cannot be negated by a divorce. If, in a divorce, one party is granted sole exclusive use and possession of the former marital home the other party could still be held responsible in the event that the other spouse defaults on the mortgage.

Thus, even if the former marital home is deeded to one party the other party’s name is still on the mortgage and can still be held responsible. If the party with possession of the home fails to pay the mortgage, the bank has the option to come after the other party.

During the divorce proceedings the party without the home can ask for their name to be removed but this is likely not to occur. Also, the Court can order the party with possession of the home to try and refinance to get the other party’s name off the mortgage, but in todays market this is not a likely solution.