Jacksonville Divorce Attorney Blog

February 28, 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. 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

After everything is filed and received by the clerk’s office a hearing on the Petition can be scheduled. The hearing consists of the Petitioner giving brief testimony to a Jacksonville Family Law Judge. If there are no issues the Judge will sign a final judgment, making the name change official.

February 27, 2012

Child Custody and Family Law

by David M. Goldman

As a Jacksonville area Family Law Attorney I get an exorbitant amount of inquires regarding child custody issues. However, not all of the individuals posing such inquires are the biological parents of the minor child or children. Many aunts, uncles, grandparents and other extended family members seek to gain custody of a family member’s minor child or children.

Many of these extended family members have been caring for a minor child or minor children for sometime and have run into many obstacles when trying to make decisions concerning them, whether they are decisions for education or healthcare. Fortunately, the state of Florida has a law on the books that deals with this issue. Florida Statute 751, titled Temporary Custody of Minor Children by Extended Family is the governing law. The purpose of the law is as follows:

(1) Recognize that many minor children in this state live with and are well cared for by members of their extended families. The parents of these children have often provided for their care by placing them temporarily with another family member who is better able to care for them. Because of the care being provided the children by their extended families, they are not dependent children.

February 24, 2012

Smokers and Child Custody – Beware!

by David M. Goldman

Smokers Beware! If it wasn’t bad enough that smoking harms your health, appearance and wallet; it can also harm your chances of winning a child custody battle. So if all the other harmful effects of smoking haven’t motivated you to kick your habit maybe the thought of losing time with your child or children will.

Washingtontimes.com posted an article on this exact topic titled, “Smokers losing child custody cases a growing trend”. The author of the article, Myra Fleischer, describes how more and more states are factoring in “cigarette smoking in making decisions about who gets custody of minor children”. Specifically, Fleischer, lists results from a survey conducted by Action on Smoking and Health, which are as follows:

In at least 18 states, courts have ruled that subjecting a child to tobacco smoke is a factor which should be considered in deciding custody.

February 23, 2012

Is Divorce Only Available to the Wealthy?

by David M. Goldman

The economic downturn has brought about fear for many American families. Many fear the possibilities of foreclosure and/or bankruptcy. Families have thus started tightening the reigns on frivolous spending. Many families can no longer afford the luxuries of week long vacations, shopping sprees and eating out.

This turn in financial ability begs the question, “is divorce now a luxury many can no longer afford”? Judith Acosta wrote an article on Huffington Post titled, “The Luxury of Divorce” broaching this very topic. In the article Acosta quotes Joy Joseph, a White Plains, New York attorney, who stated, “for people of moderate means, the economy has had a big impact. It is very expensive to get divorced. Only a part of it is attorney’s fees. The bigger part is that the assets are split or devalued in the process. Usually that’s the house, in which they have very little equity. Plus there’s the risk of losing the partner’s health benefits. They’re afraid to live uninsured. So, they cling to an unhappy marriage because they can’t afford to leave.”

As a Jacksonville Divorce Lawyer I have observed the same issues with married couples in the Jacksonville and surrounding areas. Many married couples seeking a divorce are concerned with what will happen with the house if their mortgage is under water. Who will be liable for the deficit if both parties’ names are on the mortgage? As a Jacksonville Divorce Lawyer I know there is no simple answer, it simply depends case by case.

February 22, 2012

When Does Child Support End?

by David M. Goldman

Many parents in the Jacksonville, Florida area are under the impression that child support is paid throughout a child’s college eduction or until a child reaches the age of 21. Although this is true in other states across the country, it is simple not the case in Florida. In Florida, child support terminates when a child reaches the legal age of majority, 18. There is no statute or case law in Florida stating that a Parent has a duty to pay child support or help with a child’s college expenses.

However, there are always exceptions to any rule. For example, in Florida if a child becomes incapacitated or otherwise disabled and thus remains a dependent child, child support will more than likely continue. Conversely, if a child becomes emancipated through court proceedings or joins the military child support will terminate.

Whether child support was determined via a divorce action or a paternity action the termination date should be set out in the final judgment. If there is no termination date specified the law will dictate and the child support will terminate upon the child’s eighteenth birthday, unless, of course, the above mentioned exceptions apply.

February 21, 2012

Changes May Be Coming to Alimony Laws

by David M. Goldman

The Florida legislature is currently dealing with two bills dealing with alimony, and the bills may bring a dramatic change to some of the rules. Most of the changes are coming to long-term marriages — those that last 17 years or longer. The changes are evidently designed to make things more predictable, though the actual effects remain to be seen. The overall thrust of the changes, however, may make it more difficult for the spouse receiving alimony.

One of the changes may be purely rhetorical. Currently, divorce after a long-term marriage may lead to what is called “permanent alimony,” which is exactly what it sounds like: it is designed so one party pays the other on a permanent basis. The changes, however, now refer to permanent alimony as “long-term” alimony, suggesting that courts need to decide the duration of the alimony.

This might be beneficial for parties currently paying alimony but considering retirement. In fact, one of the other changes addresses this problem head on. Imagine you have been divorced for some time and are approaching the age of retirement. You are required to pay a certain amount each month in alimony and are afraid retirement will make you unable to complete this obligation. Under the present law, it is not always possible to lower alimony payments due to a decrease in income from retirement. The new law allows courts to consider retirement as a legal “change of circumstance,” making it easier to reduce alimony payments in such situations.

February 20, 2012

How Long Does It Take To Finalize A Divorce

by David M. Goldman

As a Jacksonville 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 a Jacksonville 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.

February 17, 2012

Adultery and 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 spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce.

As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. 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.

In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.

February 16, 2012

Parental Rights Of Pregnant Minor Child

by David M. Goldman

If you are parent of a teenage girl in Florida, I am sure you have seen the show 16 and Pregnant, documenting the tribulations of teenage pregnancy. Some of these teens contemplate abortion. It is important to know that in Florida the parents of a teen who is pregnant have rights when it comes to the abortion of their soon to be grandchild.

The Florida legislature recently passed a bill that will go into effect on October 1, 2011, giving more rights to these parents during the occurrence of their minor daughter’s abortion. One of the rights in this bill is the right to be notified. A physician administering the abortion must give the parents of a minor “constructive” notice by way of first-class mail AND by certified mail.

Please contact a Jacksonville Family Law Lawyer for more information on this or similar issues.

February 15, 2012

Name Change required for Drivers Licenses and other Benefits

by David M. Goldman

Newly married or divorced individuals can simply have their name changed through their marriage certificate or their divorce decree. However, if someone wants to change to a new name for other reasons, such as they simply don’t like their birth name, a court order is required.

The process to have an adult name change in Jacksonville involves; filing a Petition with the court, having a criminal background check done, having fingerprints taken, and appearing before a judge at a final hearing.

Should you be a divorcee and did not have your maiden name restored in the divorce decree you still need to file a Name Change Petition with the court but you will not need to do a criminal background check.