When thinking of February many people think of Valentine’s Day and all the romantic frills associated with the day such as, chocolates, flowers, and more. Well it turns out that February should also be known for being the most active divorce month.
Other interesting divorce statistics include:
The average cost of divorce is $18,400.
When divorcing in Jacksonville, Florida, couples have one big decision to make regarding how their divorce process will play out. Divorcing couples can choose to go down the often less stressful and short road of an uncontested divorce by deciding they will be the decision maker in the divorce process or they can decide to go down the long and often tumultuous road of a contested divorce giving full decision making power to the Family Law Judge.
If divorcing couples are smart they will save time and money by choosing to attend mediation (which is almost always court ordered in Jacksonville, Florida) and come to an amicable agreement in regards to the splitting of assets and debts and time with any minor children. If parties choose to take this route their divorce can be completed within a matter of a few months.
However, taking the uncontested/mediating avenue is not always an option. Sometimes parties can just not agree. After all, roughly 10% of divorces end in a trial. When this occurs a Judge decides the parties fate. It has been my experience, as a Jacksonville Divorce Lawyer, that neither party is truly happy with the Judge’s decision. Not only may the parties’ be unhappy with the Judge’s ruling, they likely spent a substantial amount of money in attorney’s fees and the process could have lasted many many months.
Today the Ninth Circuit Court of Appeals upheld the August 2010 District Court decision that ruled Proposition 8 in California is unconstitutional. Prop. 8 is the 2008 measure that stripped same-sex couples of the right to marry in California.
While this is great for people within the 9th circuit, those of us including those living in Florida who are not within the jurisdiction of the court must rely on potentially differing interpretations of laws within our states.
The Court also rejected Prop 8 supporters’ argument that Judge Vaughn Walker (who presided over the District Court proceedings) should have recused himself from the case because he is gay and in a same-sex relationship.
Timesharing after a divorce is often the most highly contentious and stressful issue that can stem from a couple separating. Parents and courts alike are very concerned with the child(ren) maintaining a loving and healthy relationship with both parents. In order to maintain such a relationship many parents going through a divorce would like to see an order granting 50/50 timesharing.
However, as a Jacksonville Child Custody Attorney I am aware that the courts often discourage 50/50 timesharing arrangements. Why is this so? Well, many children young and old experience high stress levels and difficulty handling the disruptions that comes along with switching back and forth between mom and dad.
If you are a parent seeking divorce and worry how a timesharing schedule might end up in your case contact a Jacksonville Child Custody Attorney today for the information you may need in developing the best schedule for you and your child(ren).
Not only will Florida perform same-sex marriages, but there is no method for a legally married same-sex couple who has moved to Florida to obtain a divorce in Florida courts.
Same-sex marriage is not recognized in very many states, but evidence is showing that people are increasingly receptive to allowing same-sex marriage. With any marriage, things can go wrong, and divorce is sometimes necessary.
Unfortunately, those states that do not recognize same-sex marriage generally do not recognize same-sex divorce (this includes Florida). This is because granting a same-sex couple a divorce is basically a legal recognition that the couple was married in the first place — something these states aren’t ready to accept. If you are in one of these states, getting a divorce might require establishing residency in a state that recognizes marriage, meaning you’d have to move to that state for six months, a year, or even more.
Have you been wronged in your marriage and want to file for divorce? Do you want to make the divorce process as miserable and prolonged as possible for the spouse who wronged you? As a Jacksonville Divorce Lawyer I recommend thinking past your anger and looking at the bigger picture. Divorce is obviously an unpleasant procedure, but divorcing couples should consider doing what divorce lawyers do in their own divorces.
Divorce lawyers going through a personal divorce do their damnedest to stay out of the courtroom. They know all to well that no one wins when divorcing couples go all the way to trial. They know going to court, “wastes energy, time, and money and is a last resort; it is something they will consider only when there is no other choice.”
Divorce lawyers have vicariously experienced their client’s frustrations during the divorce process. One such frustration is the client’s desire to inform the Family Law Judge of all the injustices, dishonesty, betrayal, adultery, etc… However, in reality, if the client is given the opportunity to testify in front of the Judge they are merely allowed to speak when answering a question posed to them. There is no, “Judge he did this to me and didn’t do this, that or the other.” Oh, and of course, the rules of evidence will only allow that certain testimony be presented.
Who is qualified to be a guardian over a Florida resident?
Any interested person who is a resident of Florida may be considered to act as a guardian for another person who lives in Florida, if they meet certain criteria. A guardian must be over the age of 18 and have no legal disability.
A nonresident may serve as guardian of a resident ward if he or she is: a descendant (child, grandchild, great granchild) of the ward; an adopted child or adoptive parent of the ward, or a spouse, sibling, aunt or uncle, niece or nephew of the ward, or a spouse of a person qualified under this section.
Ever hear of a “Divorce Hotel?” No. Well neither had I until I read a recent Fox News.com article titled, “Dutch ‘Divorce Hotel’ Helps Couples Untie The Knot.”
Apparently, a new divorce concept has developed in the Netherlands that is catching a lot of attention across the globe. The concept, “Divorce Hotel” assists divorcing spouses by arranging a weekend with a mediator and numerous lawyers that will help the divorcing couple determine the splitting of assets and debts, alimony payments, child support payments and child custody. According to the concepts creator, Jim Halfens, “when they leave the hotel, all work is done.”
This is an intriguing idea for many reasons. Divorce proceedings can lead to extremely high legal fees and court costs and can last for many months. The “Divorce Hotel” creates an avenue that can cost much less than a traditional divorce and a time span as short as a two day hotel stay.
A Parenting Plan is a document that governs the way divorcing parties relate to one another about the decisions made regarding their children. A Parenting Plan includes a time-sharing schedule that dictates when the parties’ children will be spending time with each parent, including overnights, weekends, holidays and summer breaks. Also included in a Parenting Plan is how often and the method of technologies that the parents will use to communicate with the children.
If a Parenting Plan can be developed and agreed to by the divorcing parents then it only needs the approval of the Court to become binding. However, if the divorcing parents cannot agree, the schedule will be established by the Court’s determination.
If you have questions regarding an upcoming divorce or a current parenting plan contact a knowledgable Jacksonville Child Custody Lawyer today.
Premarital Agreements, also known as prenups, have been around for over 200 years and with divorce rates the way they are I can’t imagine them going anywhere anytime soon.
In Jacksonville, Florida, premarital agreements are governed by Florida Statute 61.079. This statute is often referred to as the “Uniform Premarital Agreement Act”. Under this act a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.
As a Jacksonville Family Law Lawyer I assist soon to be married clients with the process of developing a prenup to their specifications. Should you and your soon to be spouse be considering entering into a premarital agreement contact a Jacksonville Family Law Lawyer for further advice and information.
