Jacksonville Divorce Attorney Blog

September 28, 2011

Florida Restraining Order

As a Jacksonville Restraining Order Lawyer, I assist clients initiate injunctions for protection against domestic violence (commonly known as Restraining Orders). I also defend against these injunctions when they have been filed against clients.

In my opinion, injunctions in Florida are the most misused and misfiled document in Family Law. Florida Statute section 741.28 defines what acts are considered as domestic violence in Florida. Specifically, Florida Statute 741.28 states, “Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”

Many times, I see a Petition for Protection Against Domestic Violence that does not contain any allegation of domestic violence as required by the aforementioned Statute. As such, I am able to successfully defend against the allegation(s) in court. If you are the subject of an injunction petition, looking to file a petition for injunction, or are facing an impending family law matter in general, contact a Jacksonville Family Law Attorney to represent you.

September 28, 2011

Termination of Parental Rights

by David M. Goldman

As a Jacksonville Family Law Lawyer, I receive numerous inquiries regarding issues relating to termination of parental rights. For example, just this morning a mother contacted me and asked if she could terminate the parental rights of her daughter’s biological father. The biological father had not seen the child since September 2010 and has made no attempt to contact her for visitation purposes. The mother would like to terminate the biological father’s parental rights and allow the child’s step father to adopt.

In situations like that described above, I turn to Florida Statute 39.806. This statute covers the Grounds for Termination of Parental Rights, which range from mutual consent by the parties to abandonment.

Depending on the circumstances in the above described situation, the parental rights of the biological father may be terminated. However, there are numerous legal hoops that would need to be jumped prior to the termination being granted.

September 27, 2011

Florida Anti-Gay Adoption Ban Celebrates One Year Anniversary

by David M. Goldman

How time flies, it was October 22, 2010, when the Martin Gill decision held Florida’s ban on gay individuals adopting unconstitutional. A great victory for all Floridians and all people. Despite this win it is still crucial for same-sex parents of children to review their current estate planning documents, such as Wills, Trusts, Pre-Need Guardianship papers, Powers of Attorney and Designation of Health Care Surrogates. If you have never executed these type of legal documents, the time is now.

Individuals who are in a same-sex relationship, but who are NOT the legal parent of their “children” need to consult with a Family Law Attorney who is sensitive to the issues of gay and lesbian couples with children. There are documents needed to protect not only your relationship with your same-sex partner, but with your non-biological and non-legal kids.

The Florida court case which has allowed the LGBT community to adopt is just the beginning, however, despite this win, it is still important to consult with a LBGT friendly law firm to ensure that your rights and those of your family are protected.

September 26, 2011

Quick Divorce? Depends on the Circumstances.

by David M. Goldman

It is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without the involvement of any attorney, usually only if there are no children of the marriage and few assets that need dividing. But many people face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so even where there is no “dispute” between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a hearing in front of a Judge) even in uncontested cases – so it is important for each party to be represented by separate counsel.

If you are facing divorce or are even considering the prospect of divorce, contact a Jacksonville Divorce lawyer to discuss the particular situation today.

September 25, 2011

How to Change the Name of a Child

by David M. Goldman

As a Jacksonville Name Change Lawyer, I know how to legally change an adult’s name, and I have previously blogged on this topic. However, many individuals also desire to legally change the name of a minor child.

Getting a minor child’s name changed is quite similar to changing an adult’s name. After filing a “Petition for Change of Name” with the court, each adult Petitioner must have their fingerprints submitted for a state and national criminal history records check. Once the criminal records check comes back clear a Final Hearing may be scheduled before a Judge.

Although the process sounds relatively simple, there are issues that may and often do arise in which a Jacksonville Name Change Lawyer’s experience and knowledge become extremely beneficial. For example, if one parent is seeking to change the name of a minor child, but the other parent is nowhere to be found, it may be necessary to either get the absent parent’s consent to the name change or personally serve that parent or serve that parent through constructive service. In these situations, the assistance of a Jacksonville Name Change Attorney is priceless.

September 24, 2011

What Should You Wear if You Have to go to Court?

by David M. Goldman

Hiring a good Florida Family Law Attorney is one of the more important decisions you can make in your family law issue. A good attorney will use the most persuasive means to advocate your cause.

Sometimes, however, people overlook a very important aspect of persuasion: your attire. As the client, you want to give the court the best impression you can. This means you need to dress conservatively. The court may not say anything if you show up in jeans and a cut-off shirt; however, the court definitely does notice it. You want to make a good impression, so wear something you might wear to church or to a nice restaurant.

Most of all, you want to convey respect to the court. Look presentable. The court might not notice if you got a new haircut, but it will definitely notice if you just rolled out of bed. Being presentable to the court will help your Florida Family Law Attorney persuade the court to your side. Contact an attorney to discuss any family law issues you may have.

September 23, 2011

Military Divorce

by David M. Goldman

If you are an active duty service member, Congress has granted you with certain rule exemptions in court matters. You should not lose a court case just because you’re overseas or otherwise unable to attend court because of your military service. This is due to the Service Member’s Civil Relief Act.

One court in Kentucky, however, apparently did not get the memo that military service members should be given some leeway. In that case, a woman filed suit against her former husband for failure to pay child support. The husband wrote to the court, claiming that he had no attorney and needed the hearings to be scheduled at times that would allow him to appear by phone. Instead, the court went ahead with the proceeding without the husband’s presence.

The wife later filed to hold the husband — who was unable to attend — in contempt for not complying with the previous order. The husband again asked the court to hold off and specifically mentioned the Service Member’s Civil Relief Act. The court again ignored his plea and required him to pay his ex-wife’s attorney fees.

September 22, 2011

How much does a Divorce Consultation Cost?

by David M. Goldman

Jacksonville Divorce, custody and family disputes are highly emotional and important matters that we at Law Office of David M. Goldman take special pride in handling. Regardless of the circumstances, the break up of any marriage involves many legal issues that cannot be overlooked and must be thoroughly researched and evaluated so that our clients obtain a fair and equitable result upon termination of their marriage.

Our Jacksonville Florida Divorce and Family law Attorneys recognize that a divorce or child custody issues can create stress and cause individuals to take unrealistic positions on various topics. We strive to open lines of communication and help families work through this difficult process while creating an environment that allows children to have a normal healthy lifestyle. Whether you need an uncontested divorce or just enforcement of a previous agreement we are able to help preserve and enforce your rights in Duval, Clay, Nassau, and St. Johns County. 

If you are considering divorce or have just been filed with divorce papers contact a Jacksonville Divorce Attorney at (904) 685-1200 to schedule a free consultation. Weekend and night appointments are available.  

September 21, 2011

Domestic Violence: Should I Represent Myself at an Injunction Hearing?

by David M. Goldman

Many individuals who are served with petitions for injunctions go at it alone and attempt to defend the injunctions in court without an attorney. The question I often see is “should I just defend the injunction on my own?” There are many issues that could potentially arise without the help of a knowledgable Jacksonville Family Law attorney.

An injunction can have effects that go further than requiring you to stay away from a particular person. Many times injunctions can affect a person’s work and family life, too. If you are facing a party that is represented by a knowledgable attorney you stand a low chance of overcoming a well-written injunction petition or having your petition granted if you are the petitioning party. Furthermore, a knowledgeable attorney can take advantage of the rules of evidence, something many “pro-se” individuals (people who are not represented by an attorney) have little expertise in. By doing so an attorney can take advantage of the pro-se parties lack of knowledge in the rules of evidence and prevent them from getting much of any testimony presented to the judge. I personally see this happen on a regular basis in injunction court.

The best advice is not to look over such a disadvantage, especially in a matter that can have so many repercussions for an individual. If you are the subject of an injunction petition, looking to file a petition for injunction, or are facing an impending family law matter in general, contact a Jacksonville Family Law attorney to represent you.

September 20, 2011

How Can I Change My Name?

by David M. Goldman

Changing your name in Florida is generally not that difficult, especially if you have a Jacksonville Name Change Attorney‘s assistance. An experienced attorney can help you with the three main steps required to have your name changed. Specifically, a Jacksonville Name Change Attorney, can (1) help with drafting and filing the required Petition for Name Change, (2) help with filing a set of fingerprints and (3) schedule and attend a Final Hearing in front of a Judge.

Why fingerprints? The Court wants to insure that a Petitioner is not trying to evade any criminal proceedings or related issues. Florida Statute 68.07 reads as follows: “Before the court hearing on a petition for a name change, the petitioner must have fingerprints submitted for a state and national criminal history records check, except if a former name is being restored. Fingerprints for the petitioner shall be taken in a manner approved by the Department of Law Enforcement and shall be submitted electronically to the department for state processing for a criminal history records check. The department shall submit the fingerprints to the Federal Bureau of Investigation for national processing. The department shall submit the results of the state and national records check to the clerk of the court. The court shall consider the results in reviewing the information contained in the petition and evaluating whether to grant the petition. When a petition is filed which requires a criminal history records check, the clerk of the court shall instruct the petitioner on the process for having fingerprints taken and submitted, including providing information on law enforcement agencies or service providers authorized to submit fingerprints electronically to the Department of Law Enforcement. The cost of processing fingerprints and conducting the state and national criminal history records check required under this subsection shall be borne by the petitioner for the name change or by the parent or guardian of a minor for whom a name change is being sought.”

I know from experience that a Judge will typically grant a Petition for Name Change as long as the testimony presented at the Final Hearing suggests the petitioner did not file the Petition for any ulterior motive, such as to avoid creditors or criminal proceedings. If you want to change your name contact a Jacksonville Name Change Attorney at (904) 685-1200 to set up a free consultation.