Jacksonville Divorce Attorney Blog

April 24, 2012

Common Law Marriage in Florida? Really?

Common law marriage, often referred to as sui juris marriage, is only recognized in twelve states; Alabama, Colorado, Kansas, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, New Hampshire, Texas, and Utah. The District of Columbia also recognizes common law marriages. However, you will notice, Florida is not among those states.

Florida Statute 741.211 reads as follows, “No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”

Although Florida does not have common law marriage, there are instances when Florida will recognize common law marriages that occurred out of state. Contact an Orange Park Family Law Attorney with Law Office of David M. Goldman for more information on this and other family law issues.

April 23, 2012

Alimony Basics for a Florida Divorce

by David M. Goldman

When deciding whether to grant alimony in a divorce case, courts in Jacksonville, Florida consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

Jacksonville, Florida courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

April 22, 2012

Termination of Parental Rights in Florida

by David M. Goldman

The Department of Children and Families are considering terminating the parental rights of a Brevard County couple whom were arrested in March of this year on three counts of aggravated child abuse. The couple, Michael Marshall and Sharon Glass, reportedly admitted to locking up a 13 year old boy in a bathroom and withholding food and care as a form of punishment. When the boy was found he weighed a startling 40 pounds. Responding police reportedly stated the boy looked as though he was an inmate in a concentration camp.

It is believed that three children were found in Marshall’s and Glass’s home. The boy and his 11 year old sister are Marshall’s children, whereas a third child, a boy, is Glass’s. Marshall’s two children are now in foster care and Glass’s child is with his father. Caseworker’s are reporting that if the Department succeeds and has the parental rights of the couple terminated then Marshall’s children could be adopted by another family.

As an Orange Park Family Law Attorney I turn to Florida Statute 39.806 when dealing with sad cases like that described above. This Statute covers the Grounds for Termination of Parental Rights, which range from mutual consent by the parties to abuse, neglect and abandonment. However, this Statute not only specifies what are grounds for termination of parental rights but also specifies circumstances which do not establish grounds for termination of parental rights.

April 21, 2012

Infamous Mistresses

by David M. Goldman

Unfortunately, we see all to often in news headlines our favorite sports stars getting caught cheating on their spouse. Just recently Arkansas’s head coach, Bobby Petirno, was released from his position for being caught with his mistress and fellow school employee, Jessica Dorrell. Thus, it’s not surprising that bleacherreport.com posted an article listing the 30 Most Infamous Mistresses in Sports. Some of the players/mistresses on the lineup include:

Rachel Uchitel: Tiger Wood’s No. 1 mistress
Traci Lynn Johnson: Tiki Barber’s mistress at the center of the running back’s divorce

April 20, 2012

Just Say No To Smoking!

by David M. Goldman

Recently, Melissa Etheridge’s custody battle with her former partner Tammy Lynn Michaels made the news after Ms. Michaels requested significantly more money in child support payments. One of the details of the battle that emerged was Ms. Michaels’ smoking habit, and the allegation that one of the children was evidently burned by a cigarette (presumably on accident).

Nevertheless, the case brings up an important point about smoking and family courts: gone are the days when smoking was common and accepted. Family law courts increasingly scrutinize parents who smoke and expose their children to second-hand smoke.

In fact, courts often issue orders specifically requiring parents not smoke around their children, nor can the parents let anyone else smoke around the children. In extreme cases, judges have ordered that the parent not smoke for a full day in the house or car prior to the child’s arrival. One Georgia woman even saw her custody revoked after the child developed asthma due to her smoking. The court claimed it was evidence that she did not care enough about the child to continue custody.

April 19, 2012

Cohabitation and its Affect on Marriage

by David M. Goldman

Imagine you are offered a credit card with fantastic terms: zero percent interest for the first 12 months and no foreseeable strings attached. You need a line of credit, so you sign up and promptly fall behind on your payments. After the first year, you have a fair amount yet to be paid. The credit card company informs you that your first year interest rate is expiring; the new rate is 23%. That’s higher than a lot of other cards but, if you’re like many people, you simply stay with the card because getting a new one with a lower limit is just too much work. You’ve made the commitment; you’re stuck with it.

This is the analogy being drawn by experts studying what they refer to as the “sliding, not deciding” effect of relationship development. Many young couples are now moving in with each other to sort of “test the waters” before marriage. Many of them find out, however, that their cohabitation becomes something very difficult to get out of — more difficult than they realized — and marriage just sort of happens based on their mutual desire to keep things the way they are. Instead of actually committing to the marriage, these couples simply slide right into it.

Unfortunately, many of these couples do not communicate their full intent prior to cohabitating. As we’ve blogged about in the past, lack of communication is never a good thing. While dating, these couples spend more and more time with each other until they simply get married. What might’ve been a relationship that would’ve otherwise lasted only a few months turns into marriage simply because both parties are too invested in their living situation to try anything else.

April 19, 2012

In Vitro Fertilization and Sperm Banks

by David M. Goldman

Here’s an interesting case. Four years ago, a Texas man split from his girlfriend, who was moving to California. They evidently split on agreeable terms; so agreeable, in fact, that he saw no reason to decline her request for his sperm to use in her in vitro fertilization.

She gave birth to triplets. Though acknowledging his biological paternity, the man went on with his life. He got married. He had no intent of ever being involved in the triplets’ lives. That all changed when his former partner sent him a letter requesting child support.

Unfortunately for him, the California law required child support payments to be made while the case was pending. So, while making the payments, the man challenged the requirement to do so. The first court found that he was legally obligated to make payments, so the man obviously appealed. There was no law directly on point in California; however, there was a law preventing donors (like him) from filing paternity claims against women who give birth to children using the donors’ sperm. The man argued that the converse should also be true; i.e., that he should not have to make payments to a woman who used his sperm for her in vitro pregnancy.

April 18, 2012

Can I Take My Child Out Of State Without The Other Parent’s Consent?

by David M. Goldman

Florida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.

As a Ponte Vedra Child Custody Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

April 17, 2012

How Long Is My Divorce Going To Take?

by David M. Goldman

As an Orange Park Divorce Attorney I’ve noticed one of the first questions new clients ask me is, “how long is it going to take for my divorce to become finalized.” Unfortunately, there is no one answer to that question.

A divorce can last as long as the parties want it to last. It truly depends on the issues of the case and how willing the parties are to compromise and communicate openly with their respective attorneys.

As an Orange Park Divorce Attorney, I have had all of the required paperwork and signatures completed within a week for simple divorces that do not involve children. However, Florida Statute 61.19 requires a period of 20 days to elapse from the time the Petition is filed to the time a Final Judgment can be entered.

April 17, 2012

Anchorman 2 Ron Burgundy Custody Boogaloo

by David M. Goldman

As a Jacksonville Child Custody Attorney, it is rare that I see a custody battle that has a lighthearted feel. However, the first ever funny child custody dispute may be in the works. How could that possibly be? Well, comedian Will Farrell recently announced the sequel to the classic Anchorman flick. And, it is rumored that the movie may feature Ron Burgendy facing off against Veronica Corningstone (played by Christina Applegate) for custody of their child.

Adam McKay is co-writing the movie with Farrell, and suggested in a recent interview a few plot topics. McKay may not be a familiar face, but you may remember him from the viral video “The Landlord,” which featured Will Ferrell facing off against his toddler landlord, played by McKay’s daughter, Pearl. During his interview, McKay claimed he did not want to give away too much information, and stated vaguely that the story may involve a custody battle in addition to what he referred to as “bowling for dollars.” It’s unclear what that one means.

All levity aside, amusing child custody battles exist only in the world of Hollywood comedy. In reality, child custody issues hopefully never reach the “battle” stage, as you and the other parent of your child will ideally reach a mutual agreement with primary focus on the benefit of your child. Even this stage, however, can be overwhelming. It’s good to seek help, and a Jacksonville Child Custody Attorney can help you with the process. But don’t forget to rely on your other support networks, too. Your friends and family will be crucial during this time, and you need to cool off every once in a while in order to keep a level head. A reasonable attitude and a sense of humor can go a long way in any negotiation, and child custody is no different.