Jacksonville Divorce Attorney Blog

April 16, 2012

Annulments in Florida?

Florida marriages can be formally terminated either by divorce or by an annulment. An annulment is sometimes preferred because it is accompanied by a church annulment procedure. A decree annulling a marriage is grounded on the fact that a valid marriage never existed, either because the marriage was void, or voidable.

As a Jacksonville Beach Family Law Attorney, I am often asked whether an annulment will be granted if a marriage was induced by fraud. Because Florida does not have an official statutory annulment provision, this question is difficult to answer. Courts will have to look at the totality of the circumstances and evaluate each situation on a case-by-case basis. There is no certainty that a Judge in the Jacksonville area will grant an annulment in lieu of a divorce.

However, some examples of situations when Florida Courts have granted an annulment include: (1) when it is in the best interest of an underage child; (2) when it can be proved that one of the parties lacked the capacity to contract; or (3) when the parties lack the physical capacity to consummate the marriage.

April 15, 2012

Considerations for Child Custody Concerns in Florida

by David M. Goldman

Divorces themselves are obviously messy situations, but a divorce can become infinitely more difficult when a minor child is involved. You want to see your kids all of the time, but so does your former spouse. Hopefully you and the other parent of your child can work out an arrangement agreeable to the both of you. Unfortunately, it is not always so easy. If you cannot work out an arrangement, the court will likely step in. A Jacksonville Beach Divorce Attorney in Jacksonville Beach can help, but here are some other steps you should take that can help obtain a more favorable ruling.

Be Civil. In front of your children, with your friends, and just in general, do not talk poorly about your spouse. Remember that your friends are often your spouse’s friends, too, or they have other mutual friends, and so on. Word gets around; offensive statements often get back to the other spouse. The court may view this as a petty attempt to isolate the other parent. This doesn’t look good for your character. More importantly, don’t talk bad directly to your former spouse, especially if the children are around. The other spouse may claim you are abusive, even if you aren’t — courts take these claims very seriously.

Communicate. Don’t take your kids for a 6-day trip to Disney without first at least informing the other parent. Similarly, allow your kids to communicate with their other parent while they’re with you. It’s tougher to prevent communication these days with the popularity of cell phones and the like, so this may not be an issue. But remember: your kids are going through a tough transition right now, too. If you’re frustrated by their behavior, talk with them. Further, to help with their transition, don’t move in with a new significant other if you have one. Doing this sends difficult messages to the kids, and may prejudice the court against you in any custody proceedings.

April 14, 2012

Active Duty Military and Divorce

by David M. Goldman

Military couples who are facing divorce encounter many challenges unique to military families. It can be almost impossible for an active duty member of the military to sign divorce papers, much less put up a fight for a fair divorce settlement or child custody. In many cases, deployed military members going through a divorce often lose child custody because the nature of their work takes them away from home for long periods of time.

The Washington Post recently highlighted a new bill introduced into the House of Representatives which addresses these situation. The proposed legislation would add a provision to the Service-members Civil Relief Act of 2003 which would (1) prevent judges from considering a parent’s military deployments when trying to determine what is in the child’s best interest, 2) reinstate pre-deployment child custody status if there was a temporary transfer of custody during deployment.

In order to qualify as protected deployment under the proposed law the length of a service member’s deployment must be between two and 18 months and the active duty assignment must be such that family members are not allowed to accompany the service member, such as a combat deployment.

April 13, 2012

Free Divorce Consultation!

by David M. Goldman

Yulee 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 Yulee Divorce Lawyers 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 and live in the Jacksonville, Florida area contact a Yulee Divorce Lawyer at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  Got a question and it is after regular business hours? Call our after hours line at (904) 701-8702.

April 13, 2012

Modifying a Florida Divorce Agreement.

by David M. Goldman

Recently, I have had several clients ask, in their consultation, whether signed and executed Marital Settlement Agreements and Parenting Plans can be modified or set aside. In typical divorce proceedings and under normal circumstances the answer to that question is going to be no. Generally, one party does not have the right to revoke a valid divorce agreement merely because they realize it is a bad deal after they have already signed it.

Under Florida law, once a divorce agreement is signed, the parties must abide by the terms of the agreement absent a showing of “substantial change of circumstances” or other defenses to contract formation such as fraud or duress in the execution of the contract. In most instances the best course of action is to have a Mandarin Divorce Lawyer review any divorce agreement before you sign it to ensure that you are not signing something that is not in your best interests.

If you are considering a Manadrin Divorce, contact a Mandarin Divorce Lawyer today to review any divorce documents you may encounter. It is important to remember not to sign anything without first consulting with a Mandarin Divorce Lawyer as, absent a substantial change in circumstances, any signed and executed agreement cannot be changed.

April 12, 2012

Child Custody Battle Continues For Melissa Etheridge.

by David M. Goldman

Melissa Etheridge, singer of the hit 90s song “I’m the Only One” and fresh off the release of her new album, Icon, is still in the depths of her legal battle with her former domestic partner. Their current dispute centers around their children, who are 5-year-old twins.

Originally, the court ordered Ms. Etheridge to pay Tammy Lynn Michaels $23,000 a month in child support. As this is more money than many people make in a year (the poverty level for a family of three is $18,530), most people would think $23,000 a month would be sufficient. Ms. Michaels, however, is asking for an increase. She claims she can’t survive on this amount and is requesting an increase to $128,000 each month.

Ms. Etheridge has responded with several accusations of why her former partner should not be granted the increase, even accusing Ms. Michaels of accidentally burning one of the children with a cigarette. She has asked the court for 50/50 custody and for an order requiring neither of them smoke around the children.

April 12, 2012

Florida Uncontested Divorce

by David M. Goldman

Many couples considering divorce are concerned that beginning divorce proceedings will mean that they have to put their lives on hold while their lawyers drag them through months of court battles, legal struggles and attorney fees. Not all divorces have to proceed this way. Many couples considering divorce are exploring the concept of uncontested divorce. Uncontested divorce is a fresh approach to divorce, one without the strain and discord normally associated with a traditional divorce.

In an uncontested divorce an attorney will draft a Marital Settlement Agreement, which identifies and addresses all issues between the divorcing parties including division of their mutual debts, properties, definitions of alimony, etc. Both parties consent to and sign the document which will be filed with the court. The Court adopts the agreement and enters it as part of the Court’s divorce decree of Dissolution of Marriage.

If you are considering a St. Augustine Divorce, it may be in your best interest to enlist the guidance of an attorney. An experienced St. Augustine Divorce Attorney can prepare and help you and your spouse carry out an uncontested divorce that is simple and affordable. If you think an uncontested divorce may be right for you, contact a St. Augustine Divorce Attorney today for a complimentary consultation to discuss your options.

April 11, 2012

Seal’s Response to Heidi Klum’s Divorce Petition

by David M. Goldman

So, I just wrote a blog yesterday regarding how Heidi Klum officially filed for divorce from her husband Seal. I mentioned that Heidi requested primary physical custody of the couple’s four children and that the parties had a prenuptial agreement in place prior to walking down the aisle. I also mentioned, only time will tell if their divorce will be amicable or nasty.

Well, it looks as though it may be getting nasty. Seal has filed a response to Heidi’s petition and there are some discrepancies between the two. For example, Heidi refers to a prenuptial agreement in her petition alleging there is no joint or community property, whereas; Seal makes no mention of such. This can be of huge consequence, as it is estimated Heidi has a net worth around 70 million, whereas; Seal’s net worth is estimated around 15 million. Seal has asked for joint physical custody of their children while Heidi wants primary physical custody.

This is just the beginning, we’ll have to wait and see how this highly publicized divorce plays out.

April 11, 2012

Will My Divorce Cause Any Tax Implications?

by David M. Goldman

Some aspects of divorce are relatively simple, but become complicated when heated emotions and bitterness come into play. Other aspects, however, are inherently daunting to many people going through the process. Nobody enjoys filing taxes, and the process becomes more complicated for couples going through a divorce.

To make the process easier: communicate with your former spouse. This tip is incredibly common because it is incredibly important. With the help of a qualified Ponte Vedra Family Law Attorney many aspects of your divorce become simpler if you and your former spouse are on the same page and are open with each other, especially when it comes to tax issues.

The first thing to consider is how you want to file: if you were married last year but are now getting divorced, you have the option of filing jointly or separately. Each option carries its own concerns. A joint return might be simpler, but will expose you to tax liability should your partner run into any trouble with the IRS. A separate filing avoids this liability, but can be expensive.

April 10, 2012

Heidi Klum Officially Files For Divorce From Husband Seal

by David M. Goldman

Three months after announcing an amicable separation, super model Heidi Klum officially filed for divorce from husband Seal this past Friday. Klum, 38, cited the typical divorce language, “irreconcilable differences,” in her Los Angeles County divorce papers.

Reports are suggesting that Klum has requested to be awarded primary physical custody of the couple’s four children; Leni 7, Henry 6, Johan 5 and Lou 2. Also it is believed the parties had a prenuptial agreement in place prior to saying their vows. Only time will tell if this will be an amicable divorce or whether we’ll see another nasty celebrity divorce.

If you’re considering filing for divorce and want to know how to proceed, contact an Orange Park Divorce Attorney today to schedule a free consultation.