Jacksonville Divorce Attorney Blog

January 19, 2012

Florida Bill Seeks to Protect Parental Rights of Military Parents

Last year, the Florida House of Representatives unanimously passed a bill that would help protect the parental rights of mothers and fathers serving in the military. Unfortunately, time ran out before the state Senate could consider the bill, so it will have to be re-voted on. However, it seems likely that the bill will pass in the house and again move to the senate.

The bill attempts to solve some of the problems military parents face, such as visitation rights when the parent has to be away for a prolonged period of time. The bill allows the parent to ask the court to delegate parental rights to another one of the child’s family members, not limited to the other parent and including the child’s stepparent.

To illustrate, let’s say the father of a child has custody of the child over the summer, but the father will be away for several weekends and a full week during that time. Instead of simply sending the child back to her other parent, the child could, with the court’s permission, remain with her stepmother while the father is away.

January 18, 2012

Florida Prenuptial Agreements

by David M. Goldman

With divorce rates the way they are it is not surprising more couples are entering into Prenuptial Agreements before they walk down the aisle.

However, it is not surprising that Prenuptial Agreements, also known as “prenups,” are often looked at in a negative light. Indeed, Prenuptial Agreements basically operate under the assumption that the parties will eventually split.

Nevertheless, Prenuptial Agreements can be enormously beneficial. The reality is that a substantial number of marriages end in divorce and a properly written Prenuptial Agreement can help you avoid a contentious divorce, high lawyer fees, and long court proceedings.

January 17, 2012

Does a Divorcing Couple Need to Wait Before Filing Divorce?

by David M. Goldman

Divorce is generally not something anyone is encouraged to rush out and do. While a Jacksonville Family Law Attorney can help you file divorce, your first call should be to a marriage counselor or someone who can hopefully help save your marriage.

But, it is not the law that you must make that phone call first; you can typically initiate divorce when you believe it necessary. However, some states are thinking about changing that rule. A state senator in Colorado, for example, has introduced a bill that requires parents of minor children to go through some educational classes before filing divorce. The classes explain the impact that divorce has on the children, and the parents must then wait before actually filing.

Another senator in Colorado introduced a similar bill several years ago, dubbed the “Dr. Laura” bill, after the popular talk-show host endorsed it. It did not pass, but the current bill’s supporters believe this time will be different because the new bill is more lenient and provides an exception for victims of abuse.

January 16, 2012

Florida Not Only State Looking To Update Alimony Laws

by David M. Goldman

I just recently wrote about the State of Florida and the move for alimony reform. Well, it turns out Florida is not the only state seeking a change in alimony laws. Foxnews.com has posted an article titled, “New Jersey lawmaker looks to update alimony rules after advocacy group claims lifetime punishment.”

The article discusses the issue of permanent/lifetime alimony and it’s outdated and inequitable nature. The article opens with, “Fairness must be put back into divorce court, an advocacy group in New Jersey is arguing, pushing legislation to update what it says are antiquated alimony laws that disproportionately favor the recipients of alimony, regardless of changing circumstances. ‘Lifetime alimony and the family court system in New Jersey are driving real people to the brink,’ Tom Leustek, president and founder of New Jersey Alimony Reform, told FoxNews.com. ‘My own divorce resulted in a lifetime alimony order in 2008. I remember during one of the court hearings, the judge saying to me, ‘It’s not fair, but it’s the law.'”

The issues raised in New Jersey are mirrored by those in Florida. To learn more on alimony reform efforts in Florida see Florida Alimony Reform or contact a Jacksonville Divorce Lawyer.

January 13, 2012

Sick of Paying Alimony? You’re Not the Only One.

by David M. Goldman

FloridaToday.com has recently posted an article titled, “Times have changed, so should alimony.”

The article tackles the issue of permanent alimony in Florida and its, often considered, archaic reasoning.

Currently, Florida Statute 61.08 reads, “Permanent alimony may be awarded to provide for the needs and necessities of life as they were established during the marriage of the parties for a party who lacks the financial ability to meet his or her needs and necessities of life following a dissolution of marriage.”

January 12, 2012

How To Make Timesharing Exchanges Go Smoothly

by David M. Goldman

JDSupra.com has posted an article titled, “Top Ten Ways to Make a Child Custody Exchange Go Smoothly.”

The article’s suggestions for making timesharing exchanges go smoothly are: (1) Follow your Parenting Plan, (2) Keep it Simple, (3) Arrive on Time, (4) Keep Everyone Updated, (5) Pick Up and Drop Off at School, (6) Neutral Locations for Exchanges, (7) When Exchanging at Home, be Respectful, (8) Communicate with Children, (9) Communicate with the Other Parent and (10) Change the Timesharing as Needed to Meet the Changing Needs of the Children.

As a Jacksonville Family Law Lawyer I recommend all parents that are splitting time with their children read this article. It is a nice refresher for parents as they start the new year.

January 11, 2012

Did you Loose your Gun Rights because of an Injunction?

by David M. Goldman

Jacksonville has long been regarded as the most violent city in Florida, even beating out Miami. In 2010, Duval County had a total of 7,798 domestic violence offenses. Thus, it is not surprising that New4Jax.com is reporting that more women are choosing to arm them selves for self defense purposes.

News4Jax’s January 4th article titled, “More Women Packing Heat,” states that, “there are between 15 and 20 million ladies packing heat these days and target shooting is one of the fastest-growing female sports.” Also, gun expert Bill Martin has had such a large demand from women he has had to create all-female concealed weapon permit classes.

It looks as though more and more women are taking precautions to defend themselves from a potential attack.

January 10, 2012

Husband Files For Divorce After 77 Years Of Marriage

by David M. Goldman

Newsfeed.time.com has an article titled, “99-Year-Old Man Files For Divorce Over 1940s Affair.” Apparently, a married couple in Italy just couldn’t make it past the 77 year mark after an affair was uncovered.

The husband, who is 99 years old, filed for divorce upon discovering love letters written by his 96 year old wife to a lover in the 1940s. If the couple goes through with the divorce they will become the world’s oldest divorcees.

It is very unfortunate that after so long this couple is moving towards a divorce, but things do happen.

January 9, 2012

Mother Uses Baby As Shield When Attacked By Boyfriend

by David M. Goldman

You think you have heard it all and then you read an article titled, “Jacksonville Police: Mom Used Baby As Shield When Boyfriend Attacked Her.” How could this be? Well, allegedly, on December 9, 2011, Devin Juan Wilkes and his girlfriend and mother of his child, Sheena Hunter, got into an argument over their relationship. The argument quickly became violent.

Reportedly, to protect herself from being beaten and stabbed Hunter grabbed their son and held him between herself and Wilkes. Wilkes then grabbed their son and threw him face first on the ground. The violence ensued with Wilkes choking Hunter and then fleeing with her car.

On January 2, 2012, authorities went to the residence, Hunter answered the door and informed the authorities she had not seen Wilkes since the alleged incident. However, after allowing the authorities in to search her residence, Wilkes was quickly located hiding in a closet. Wilkes was arrested and has been charged with numerous crimes including; aggravated assault, domestic battery and child abuse.

January 6, 2012

Wife shoots Husband – Domestic Violence and Divorce

by David M. Goldman

On January 3rd News4Jax.com reported that an Orange Park woman shot her husband and mother-in-law during what authorities believe was a domestic argument regarding a possible divorce.

Virginia Ann Thunberg is now facing criminal charges in the shootings of her husband, Wayne Thunberg, and her mother-in-law, Virginia Petri. Allegedly, Thunberg shot her husband and mother-in-law once each. Luckily, both victims were able to walk out of the home and receive immediate medical attention. Both victims are expected to be ok.

Sadly, five children between the ages of 3 and 15, all of whom belong to Thunberg, are believed to have been in the home during the shooting.