Jacksonville Divorce Attorney Blog

April 2, 2012

Bill inspired by Crystal Harris Gaining Traction in California.

You may have heard the story of Crystal Harris, a woman in California who was sexually assaulted by her husband. Ms. Harris pressed charges, and her husband was convicted of sexual assault in part because of a recording that caught the audio of the ordeal.

Spousal rape cases, however, are typically very difficult to prosecute. Ms. Harris’s husband was convicted only of sexual assault; the jury was unable to reach a verdict on two other charges, including spousal rape. The most heartbreaking aspect of Ms. Harris’s story was how the court handled the legal fees: the judge ordered her to pay the husband’s legal bills from the divorce and, even worse, she was forced to pay alimony from their divorce. In other words, she was forced to pay money to the man she had just divorced because of his sexually abusive behavior.

Of course, many people were outraged when they heard about the situation. In California, the family law code currently provides that a judge can consider the criminal conviction in adjusting spousal support, but a spouse convicted of attempted murder will not receiving anything. Lawmakers are trying to change that language to disallow spousal support for any spouse convicted of any violent felony.

April 2, 2012

Keeping Your Children in Mind During Your Divorce.

by David M. Goldman

Divorce is never an easy thing to go through. Even with the help of a Jacksonville Divorce Attorney, divorce is still a stressful process. It can often be contentious and communication breaks down. It’s important to keep a cool head and try to move forward.

But divorce is even more difficult with children involved. Couples with children have often been married longer, emotions run higher, and divorce becomes even more stressful. You might think it’s a good idea to save face in front of your children — pretending like everything is fine even when it isn’t.

But this tactic may not be as useful as you think. Kids are smart and pick up on things: they know when something’s wrong. They get stressed. They get anxious. They need to be informed of what’s going on. The Huffington Post has a good article explaining some of the steps you should take when you sit down with your children.

April 2, 2012

What is Guardianship for a Minor

by David M. Goldman

Florida Law provides that any person who is 18 years or older, except a person excluded by certain crimes can become a guardian of a child. The statute provides for other exceptions to becoming a guardian of a minor such as incapacity, illness, or if the court finds one to be otherwise “unsuitable” to become a guardian of a child.

An Atlantic Beach Guardianship Lawyer will meet with you at the beach, provide you with a questionnaire, and make a determination as to your suitability to become a guardian. A petition for appointment as guardian is filed with the Duval County Probate Clerk, and the case is opened. The natural parents must either give their consent to the guardianship or be found to have neglected or abandoned their child.

There are several documents that must be filed with the court before a hearing will be set in front of the probate judge. The person seeking to be appointed for the court must appear at the hearing. The minor does not have to attend the hearing, however, the unique circumstances of each case will dictate.

April 1, 2012

Domestic Violence And Gun Rights

by David M. Goldman

As a Jacksonville Family Law Attorney I have worked on numerous domestic violence injunction cases. Through my work on these cases I have come to understand there are many ramifications stemming from injunctions for domestic violence that people are simply and completely unaware of.

Specifically, not even one of my past clients was aware of the effect domestic violence injunctions had on their gun rights. None of these clients had ever heard of the Lautenberg Amendment. Well, I’m going to take this opportunity to give a very brief rundown on this very topic.

The Lautenberg Amendment, which is often referred to as the Domestic Violence Amendment to the Gun Control Act, is codified at 18 U.S. Code §922(g)(9). In summary this act bans the ownership and use of firearms or ammunition by individuals convicted of a misdemeanor where the underlying charge is that of domestic violence, or who are under an injunction for domestic abuse. This act also makes in unlawful to knowingly sell or give a firearm or ammunition to such persons.

April 1, 2012

How Taxes Can Affect Your Divorce.

by David M. Goldman

A headline that includes both “taxes” and “divorce” is naturally going to be a slightly depressing topic. At least you can appreciate the fact that living in Florida allows you to escape state income taxes that many Americans have to pay each year. Nevertheless, tax season is still a daunting time.

For those going through divorce, however, filing taxes is often more complicated than simply filling out some forms using commercial software. The main issue for many couples who are still technically married but soon to divorce is whether they should file joint taxes. Even if the couple is now divorced, their marital status on December 31 of the tax year is the date on which the federal government defines your status for tax purposes. So, if you were married on December 31 and divorced later in January, you may still be able to file jointly with your former spouse.

Many couples in this bracket avoid filing jointly simply because their relationship has soured. This may be a mistake: there are many tax benefits in marriage, and some of those benefits go away if you file a separate return.

March 31, 2012

Drew Barrymore’s Marriages, Engagements, and Divorces.

by David M. Goldman

Since I just wrote about the top ten most expensive celebrity divorces, I figured why not go ahead and write about the shortest celebrity marriages. This topic may not have that much to do with my job as a Fleming Island Family Law Attorney, but it is interesting nonetheless. See the list as follows:

Actress Drew Barrymore married comedian Tom Green on July 4, 2001. Less than six months (166 days) later, Green filed for divorce.

“One Tree Hill” actors Chad Michael Murray and Sophia Bush were married on April 16, 2005 and separated five months later, merely 163 days after they said their vows.

March 31, 2012

The Top Ten Most Expensive Celebrity Divorces

by David M. Goldman

Ever wonder how much some celebrities have paid their spouses in their divorces? As an Amelia Island Divorce Attorney I know I have. See listed below the 10 most expensive celebrity divorces:

10 – Michael Douglas and Diandra Douglas in 1988. Diandra received $45 million when they split in 2000

9 – Phil Collins and Orianne Cevey in 2003. The couple split in 2008 cost Collins almost $47 million

8 – Paul McCartney and Heather Mills finalized their divorce in 2008. Heather walked away with $48.6 million

7 – James Cameron and Linda Hamilton hold some of ‘Titanic’s’ 11 Oscars in 1998. The couple split and Linda left with $50 million in 1999

6 – Madonna’s divorce from Guy Ritchie cost between $76 million and $92 million

5 – Cindy Silva and Kevin Coster in 1992. The couple split in 1994 to the tune of $80 million

4 – Melissa Mathison and Harrison Ford in 1998. The couple split in 2004 and Mathison walked away with $85 million

3 – Amy Irving and Steven Spielberg meet Princess Diana in 1985. Amy and Steven split in 1989 and she left the marriage with $100 million

2 – Neil Diamond and Marcia Murphey in 1975. the couple split in the ’90s and Marcia left the marriage with $150 million

1 – Michael Jordan and Juanita Jordan in 2000. Juanita received $168 million when they split in 2007.

You may not be as wealthy as the above listed celebrities but I’d bet you still don’t want to lose a substantial amount of money in your divorce. If so, contact an Amelia Island Divorce Attorney today to schedule a free consultation.

March 30, 2012

Parental Alienation and the Risks

by David M. Goldman

As a St. Augustine Divorce Lawyer I am familiar with the many issues that surround child custody disputes. I also know what St. Augustine/St. Johns County Judges absolutely hate to see in child custody cases. One of the main things that divorcing parents in contested cases have a tendency to do is disparage the other parent. This is something that should be avoided at all costs. Disparaging another parent is one thing that can lead to Parental Alienation Syndrome.

ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”

In my past divorce and child custody cases in St. Augustine, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements. In cases where this and Parental Alienation is an issue the St. Augustine Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.

March 30, 2012

Alimony and Divorce

by David M. Goldman

When deciding whether to grant alimony in a divorce case, courts in Yulee, 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.

As a Yulee Divorce Lawyer I know Yulee, 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.

March 29, 2012

Dennis Rodman Facing Jail Time For Non-Payment of Child Support and Spousal Support

by David M. Goldman

Recent reports are suggesting that NBA Hall of Famer, Dennis Rodman, may be facing up to 20 days in jail for failure to pay his ex wife court ordered child support and spousal support. Michelle Rodman is claiming that the Hall of Famer owes $51,441 in back spousal support and $808,935 in back child support for the parties’ 9 and 10 year old children. Michelle Rodman is also seeking attorney’s fees for having to bring a court action against the Hall of Famer. However, the former NBA star’s attorney is arguing Rodman is sick and broke and has no ability to pay the large amounts of child support and spousal support.

As a Child Support Attorney I see cases similar to Rodman’s all the time. Although, many cases do not involve back child support and spousal support in the amounts claimed above. In Ponte Vedra, Florida Judges take non-payment of child support very seriously. However, these Ponte Vedra Judges are restrained by the law and can only order jail time in very limited circumstances.

For instance, to put a non-paying parent in jail a Ponte Vedra Judge must:(1) find that the parent is willfully failing to pay the ordered child support amounts, (2) make the affirmative finding that the non-paying parent possesses the ability to comply with the purge amount and (3) put the above two requirements in a written order.