Jacksonville Divorce Attorney Blog

March 28, 2012

Could Florida’s Obesity Problem Affect Your Divorce?

There’s no secret that America has a bit of a weight problem, and Florida is no exception. It seems like every time there’s a slow news week, the news networks run another story about our ever-expanding waistlines. But one aspect of the problem that does not get a whole lot of attention is the role it plays in relationships. It is awkward and uncomfortable to discuss. How, exactly, is a person supposed to tell his or her spouse that some added weight is a problem?

Apparently, many of these couples choose not to communicate. This unfortunately can lead to resentment and other problems. It is not unheard of that a couple eventually divorces over their inability to communicate with each other, stemming from one spouse being upset with the other’s extra few pounds.

Of course, having an overweight spouse is not a good reason to get divorced. The point is that this is just one more issue couples are facing, and it’s another reason why communication is so important in your marriage.

March 27, 2012

Is Your Spouse Hiding Marital Assets During Your Divorce?

by David M. Goldman

A few weeks ago a report came out that Dmitry Rybolovlev, one of the 100 richest people in the world, had been accused of hiding close to $100 million dollars during his divorce. If you are in a situation involving such incredible wealth, you should seriously consider a prenuptial agreement, which a Jacksonville, Florida Family Law Attorney or a Jacksonville, Florida Asset Protection Attorney can help draw up for you.

However, even if you are not on the Forbe’s richest list, you obviously do not want your spouse to hide assets during your divorce. This can negatively affect division of other assets, which would not be good for you. Plus, this would be fraudulent to the court. But how do you know when your spouse is hiding assets? A recent Forbes article outlines some of the red flags. Many of the tips are somewhat obvious, but may be difficult to see unless you are looking at it from an outside prospective. Here are some tips and warnings to look for:

If your spouse maintains total control of your joint bank account information, make sure you keep track of the bank statements. Most banks have online services, so you should be able to monitor it from there. If your spouse denies you access to the password, but your name is nevertheless on the account, go to your bank and ask for a statement.

March 23, 2012

What Is Divorce Like For Indian Women?

by David M. Goldman

As a Jacksonville Beach Divorce Lawyer it is interesting for me to see the stark differences in the divorce laws here in the U.S. and those in India. Such differences are not surprising given the difference in cultural norms and societal expectations in Florida and India. This is not a topic I just started thinking about one day, instead; I read an article through the New York Times titled, “For Indian Women, Divorce Is a Raw Deal.” The article, written by Pamposh Raina delves into how Indian law is biased against divorcing women and how this soon may be changing. Some of the differences between Florida’s divorce laws and India’s are as follows:

Currently, in India there is a six (6) to eighteen (18) month “cooling off period” before a divorce will be granted. However, in Florida the “cooling off period” can be as little as twenty (20) days. Specifically, Florida courts require there be a minimum of twenty (20) days between the filing of a Petition for Dissolution of Marriage to the entry of a Final Judgment of Divorce.

In India Men have more access to the legal system than women. Whereas, in Florida both men and women have equal access to the courts.

March 22, 2012

Divorce and Bankruptcy.

by David M. Goldman

As a Jacksonville Divorce Lawyer I deal with other areas of law on a continuous basis. Specifically, I run into issues such as bankruptcy, foreclosure and domestic violence. This is because the clients I represent have a life full of issues, just as everyone else does. Recently, I’ve been dealing with bankruptcies and foreclosures within my divorce cases.

One of the main questions I hear from clients is can obligations of child support and/or alimony be discharged within a bankruptcy. The answer is NO! Let me say it this way: not all debts are able to be discharged (wiped away) under bankruptcy. Some of these debts include child support, alimony, or other spousal support obligations.

However, as a Jacksonville Divorce Lawyer, I also have to consider whether during a divorce it would benefit my client to file for bankruptcy, whether the parties should file for a bankruptcy jointly, or wait to file alone after the divorce is final.

March 21, 2012

Who is Responsible for the Mortgage?

by David M. Goldman

As an Orange Park Divorce Lawyer I often hear client’s ask, “If my spouse gets to keep the house in the divorce, can I still be held responsible for the mortgage?” The short answer to this question is, unfortunately, yes. 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 liable in the event of a default 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 unlikely 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 rarely successful.

March 20, 2012

What are Marital Assets?

by David M. Goldman

Whether or not an asset is “marital” or “nonmarital” is often a key issue in a divorce. Marital assets are generally considered jointly owned by both husband and wife, and it is usually up to the court to decide how those assets will be distributed. Nonmarital assets, however, are considered owned by only one of the spouses and are generally free from distribution in a divorce. You should be aware that liabilities –debts– are treated the same way as assets.

Florida Statute 61.075 addresses this issue and defines marital and nonmarital assets. Marital assets include assets acquired during the marriage, the increase in value of nonmarital assets (if the increase is the result of contribution from both spouses), interspousal gifts during the marriage, and all benefits accrued during the marriage, such as retirement funds, pension, profit sharing, and insurance plans.

Nonmarital assets include assets acquired prior to the marriage, assets acquired during the marriage by gift or inheritance, assets excluded from being considered marital by written agreement (such as a prenuptial agreement), and income derived from nonmarital assets, unless the income was “treated, used, or relied upon by the parties as a marital asset.”

March 19, 2012

Modification of Divorce or Child Support

by David M. Goldman

As a Jacksonville Family Law Attorney, I am often asked whether a child timesharing order can be modified after a divorce. In short, yes, parents can change their timesharing agreement. However, if the parents do not agree about the modification, the standard under Florida Law is often difficult to satisfy.

After a final decree establishing timesharing is filed with a Jacksonville court, parents may later agree to modify its terms. Although not required, it is advisable to obtain the court’s approval for the modification so that it may later be enforceable it needed. Generally, Jacksonville courts approve modification agreements unless it appears the modification is not in the best interests of the child.

If a parent wants to change an existing timesharing agreement and the other parent will not agree to the change, he or she must petition the court to modify it. Generally, a Jacksonville court will allow a modification if the parent asking for the change can show that there has been a “substantial change in circumstances.” Some examples include a geographic move or a change in lifestyle.

March 16, 2012

My Spouse Cheated! Does it matter in the terms of a Divorce?

by David M. Goldman

Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The petitioning spouse does not have to claim that the other spouse was the cause of the failed marriage.

The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Florida courts and courts in the Jacksonville area are not concerned with which party played the greater role in causing the divorce. Jacksonville Judges do not need to know why the marriage is ending, they simply need to know that it is irretrievably broken and counseling would not help salvage it.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in the Jacksonville area. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce. What other issues?

March 15, 2012

Alimony in Florida

by David M. Goldman

As a Family Law Attorney in the Jacksonville area I am consistently asked how the courts calculate alimony. This is often a difficult question to answer. In Jacksonville and Florida as a whole there is no specific formula to calculate alimony. Instead, there are factors that Jacksonville courts look to when calculating alimony.

These factors include:

(1) The standard of living established while married.

March 14, 2012

Modification of Past Due Child Support

by David M. Goldman

During a Jacksonville divorce, many facets of a couple’s life are controlled by an order of the court. Things like time-sharing for the kids, alimony for a spouse, and distribution of assets. Something a Jacksonville Court cannot control is the way a father chooses to live his life, even if he is making choices that sacrifice the life of you and your child after the divorce is finalized. Take the following as an example.

Wife gets pregnant and shortly after goes through a dissolution of marriage with her husband. Wife has been raising her child for the last 2 years with her child’s father paying support. Lately, husband has been missing his payments and is about $5,000 behind in child support payments. He has been out of rehab and spent some time in jail, for which he also lost his job. Since that is the case, husband is petitioning the court to lower or reduce the amount of child support he owes.

A situation like this raises a few questions: will the court not enforce the arrearages of $5,000 because he can’t pay? The answer most likely not. A Jacksonville Court will not usually reduce past due support payments unless the husband is able to show he is entitled to a reduction for a compelling reason, such as lack of capacity to enter the marital settlement agreement, which prevented him from filing a motion prior to the support payments due date.