Jacksonville Divorce Attorney Blog

April 9, 2012

Don’t Like Your Name? Change Your Name!

Jacksonville area residents seeking to change their name may do so by filing a Petition for Change of Name with the court in the county in which they reside. However, there are a few hoops that must be jumped prior to the court granting a name change. In particular, fingerprints must be submitted for a state and national criminal records check. However, this does not apply to women who are changing back to their maiden name. In Jacksonville the name change petitioner can have their fingerprints scanned at the Jacksonville Sheriff’s Office for a nominal fee of $5.

Also, the petitioner must make sure the Petition is verified and show numerous other things, including: the Petitioner is a bona fide resident of the county where the name change is sought, whether the Petitioner has ever been adjudicated bankrupt and if so, when and where, and whether any money judgment has ever been entered against the Petitioner. A Jacksonville Name Change Attorney can help with this process by drafting the Petition that includes the proper and necessary language.

After everything is filed and received by the clerk’s office a hearing on the Petition can be scheduled. Scheduling a hearing can sometimes be difficult for pro se petitioners; whereas petitioners with a Jacksonville Name Change Attorney tend to have little to no issues. The hearing consists of the Petitioner giving brief testimony to a Jacksonville Family Law Judge. If there are no issues the Jacksonville Family Law Judge will sign a final judgment, making the name change official.

April 8, 2012

Child Abuse & Neglect in Family law

by David M. Goldman

As a Jacksonville 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.

Neglect, on the other hand, “occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child’s physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:”

April 7, 2012

The Divorce Process in Florida

by David M. Goldman

Like most states in the U.S. Florida is a no fault divorce state. No fault divorce means neither spouse is required to prove “fault” or marital misconduct on the part of the other party. One party must merely show that the marriage is “irretrievably broken” or that the other party has been mentally incapacitated for the past 3 years.

This does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of an Amelia Island Divorce Attorney. For example, if one party disagrees that the marriage is “irretrievably broken” a judge may require the parties to attend marital counseling for up to 3 months to encourage reconciliation. This is done by one of the parties filing a Motion to Stay the Proceedings. A hearing will be held and the Judge will decide whether to stay/delay the divorce proceedings for 3 months in the hopes of the parties reconciling or to proceed with the divorce with not time gap. Judges also have the authority to delay the divorce and require counseling for up to 3 months if there are minor children to the marriage.

However, it is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without having to ever have a contested court hearing, this is usually only if there are no children of the marriage and few assets that need dividing. But many divorcing parties face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so, even where there is no “dispute” between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a final hearing in front of a Judge) even in uncontested cases – so it is important for each party to be represented by their own Amelia Island Divorce Attorney.

April 6, 2012

Bubba the Love Spounge’s Alimony Obligation to Ex Wife

by David M. Goldman

In September 2011, after 4 1/2 years of marriage shock jock, Bubba the Love Spounge Clem, filed for divorce from his wife, Heather Dawn the Love Spounge Clem, stating the marriage was “irretrievably broken and should be dissolved.” With Bubba having a net worth estimated to be in the millions one would think that the divorce would be highly contested. Not to mention the fact that Bubba is known for making harsh and outrageous comments that often end up stirring up controversy.

However, prior to the 2007 nuptials the parties entered into a prenuptial agreement. And as of a February 13th settlement agreement it appears as though the parties’ assets were divided up pursuant to the prenuptial agreement. Bubba’s now ex wife will receive $1,150 a month in alimony payments lasting for a total of 56 months. She also will receive a one time lump sum payment of $20,000.

Further, both parties agreed, “not to interfere with, annoy, molest or harass the other party or disparage the other party in public,” with special mention made of speaking “on air” about each other. Bubba even went to his twitter account to urge his followers not to disparage his now ex wife.

April 6, 2012

Who Gets the Dog in a Florida Divorce?

by David M. Goldman

When couples divorce people expect to hear about fights over who gets what car, who gets what house, etc… However, more and more divorcing couples are fighting over the family dog. Both Britney Spears and Drew Barrymore battled over custody of their respective pooches when divorcing. This is to be expected though, since families seem to now consider their pets as integral parts of their family.

I myself, as a Neptune Beach Divorce Attorney, have seen numerous divorcing clients fight for custody of their dog. But the problem is Florida law views pets as chattel or personal property. For the most part Florida judges typically will not view a family pet as a member of the family, but will instead view Fido as nothing more than personal property, such as a car or boat, that needs to be equitably divided. Currently, only four states (California, Illinois, Maine & New York) view pets as more than personal property, but not in every circumstance.

Here at Law Office of David M. Goldman we are all dog lovers and even bring our dogs to the office on Fridays. My dog Lily is even pictured above. So should you live in the Neptune Beach or surrounding area and are seeking a divorce but don’t want to give up your dog contact a Neptune Beach Divorce Attorney today to schedule a free consultation.

April 5, 2012

Legal Separation v. Divorce

by David M. Goldman

A question that I often hear from potential clients is what is the difference between a legal separation and divorce. In Florida there is no such thing as a “legal separation,” there is only divorce. The proper name for a divorce in Florida is a “dissolution of marriage.” This means that a married couple can separate from each other physically and think they are divorced without actually being legally divorced in Florida.

In Florida, there is a concept call “separate maintenance” which may allow a wife or a husband to separate physically from one another, maintain another residence and ask the Court to order their spouse to pay support or alimony without a divorce and without dividing marital property and debts incurred during the marriage.

A Florida divorce can be achieved in two ways. It can be achieved through either mutual consent of the parties, i.e. a consent divorce or if the parties do not consent to the divorce or distribution of marital property, through a contested divorce. In a contested divorce the parties ask the Court to decide all of the issues between the parties and enter a judgment of dissolution of marriage without the need for the consent or signature of the parties.

April 5, 2012

Do I Need An Attorney At Mediation?

by David M. Goldman

One of the questions that many people ask when they come into my office is “do I need to have a lawyer at mediation?” While each St. Augustine divorce case is different, the short answer is “Yes.” Even if you have begun your St. Augustine Divorce case on your own, having a lawyer at any stage of your divorce, a really good idea to have at your mediation.

Many judges will order divorce proceedings to go to mediation before a judge will make a final determination and mediations can present several unique circumstances that you may not anticipate or know exactly how to deal with. There are several things to keep in mind if you plan on not hiring a St. Augustine Divorce Attorney to represent you at mediation:

1) The mediator cannot and will not give you legal advice like a St. Augustine Divorce Attorney can. A St. Augustine Divorce Attorney will ensure that you have the information necessary to make an informed decision.

April 4, 2012

Calculating Florida Child Support For The Unemployed

by David M. Goldman

In divorce cases in Florida, child support is required to be calculated in every marriage that results in children. The amount of support owed by either parent is calculated based on factors according to a formula set forth by the state of Florida.

Based on Florida law, if one of the parents is out of work and that parent cannot prove that they are employed to the best of their abilities, or attempting employment to the best of their abilities, then a judge can attribute the national median wage that is current to that parent. Currently, that median income can be as much as $40,000 per year.

Essentially, that means all efforts by someone who is going through a Ponte Vedra child support proceeding to improve or find employment need to be thoroughly documented and all efforts to find employment must be in good faith. If a Ponte Vedra parent is not able to be employed to the national median income level, they are better off being fully employed to the maximum of their abilities when facing a Ponte Vedra child support case.

April 4, 2012

Military Pensions and Florida Divorce

by David M. Goldman

According to a recent post in The Wall Street Journal, divorce rates among military members are on the rise. Unfortunately, marriages involving members of the military encounter many distinctive challenges such as extended separation, potential physical or emotional injuries, extended separations due to active duty deployment ors difficulty readjusting to ordinary home life after deployment.

Unfortunately, military divorce can present many unique difficulties as well. Once of the unique issues that many Ponte Vedra Beach military couples who have experienced a military divorce is dividing up one spouses military pension. Depending on the length of time served and the rank achieved, military pensions can be substantial.

For a number of reasons, the non-military spouse may have a difficult time gaining full access to the military pension by Florida courts. In some cases, even if the non-military spouse was awarded benefits by the court, state and federal laws that regulate the distribution of military pensions may cause difficulties in the division process.

April 3, 2012

Oettmeier v. Oettmeier (Domestic Violence)

by David M. Goldman

Domestic violence is a serious issue, and you should speak with the proper authorities as well as an Orange Park Domestic Violence Attorney if you have been a victim. But you may need to go a step further and have the court grant a protective order or an injunction preventing the other person from contacting you. This allows the police to arrest the person if he or she violates certain provisions of the court order. If he or she is arrested they could be looking at misdemeanor criminal charges placed against them.

However, what exactly does Florida law define domestic violence as in order to get an injunction?

“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.