Jacksonville Divorce Attorney Blog

September 19, 2011

What Should I Do If the Father of My Child is Not Paying His Child Support?

As a Jacksonville Family Law Attorney, I see Fathers habitually and often times Mothers as well, not paying child support ordered by the court. I receive numerous inquires from parents wondering what they can and should do when the other parent is doing just that, not supporting their child or children.

Depending on the situation I recommend filing a Motion for Contempt and/or a Motion to Enforce. However, Motions for Contempt and Motions to Enforce are not easy undertakings. There are certain issues and evidence that a Judge needs to see in order to find a party in contempt or to enforce an order or judgment. I have experience in both drafting these Motions and arguing them in front of a Judge.

I recommend contacting a Jacksonville Family Law Attorney that can help assist you in receiving the child support both you and your children are owed. Contact Law Office of David M. Goldman at (904) 685-1200 for a free consultation at your convenience, including nights and weekends.

September 18, 2011

Can I Relocate With My Minor Child Without the Other Parent’s Permission?

by David M. Goldman

Florida Statute 61.13001 governs this issue of parental relocation with a minor child. The Statute defines Relocation as, “a change in the location of the principal residence of a parent or other person from his or her principal place of residence at the time of the last order establishing or modifying time-sharing, or at the time of filing the pending action to establish or modify time-sharing. The change of location must be at least 50 miles from that residence, and for at least 60 consecutive days not including a temporary absence from the principal residence for purposes of vacation, education, or the provision of health care for the child.”

The Statute further states, in so many words, unless an agreement has been entered between the parents as to the relocation the parent desiring to relocate must file a Petition to Relocate with the Court and serve the same upon the other parent.

As a Jacksonville Family Law Lawyer, I know what this Petition needs to entail and the process of filing it and arguing it (if necessary) before a Judge.

September 17, 2011

How to Start a Divorce

by David M. Goldman

Jacksonville Florida divorce case are also known as a Dissolution of Marriage Proceedings. A Jacksonville Divorce can be started by either a husband or wife after having lived in Duval County for six months. To start either party must file a Petition for Dissolution of Marriage with the court and serve the same on the other party. The “served” party then has twenty (20) days to file an “Answer” or other response to the Petition.

This twenty (20) day time limit is extremely important in that if an “Answer” is not filed within that time frame a “Default” judgment may be entered against the “served” party, which may necessarily grant the Petitioning party everything requested in the Petition.

Therefore, if you have just been served with a Petition for Dissolution of Marriage it is imperative to contact a Jacksonville Divorce Attorney as soon as possible. Feel free to contact Law Office of David M. Goldman at (904) 685-1200 at any time. I will be happy to schedule a free consultation any time, including nights and weekends.

September 16, 2011

Restraining Orders and The Importance of an Attorney

by David M. Goldman

Domestic Violence Injunctions in Jacksonville

Florida has four separate types of injunctions (also known as restraining orders): one for domestic violence, one for dating violence, one for sexual violence and one for repeat violence. This blog deals strictly with domestic violence, but look for future blogs discussing dating, sexual and repeat violence injunctions.

In Jacksonville Domestic violence has been defined as 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. Any person who is the victim of domestic violence in Jacksonville or has reasonable cause to believe he or she is in imminent danger of becoming the victim of an act of domestic violence in Jacksonville is given the ability to file a petition for an injunction against domestic violence. Even a member of the family or household can file the petition; it does not have to be “spouse v. spouse.”

September 15, 2011

How to File or Defened an Injunction

by David M. Goldman

If you or someone you know is a victim of domestic violence there is assistance in the Jacksonville area. Specifically, Hubbard House is the only certified domestic violence center serving Duval and Baker county. Hubbard House has numerous services that help aide individuals who find themselves victims of domestic violence. Among other services, Hubbard House can provide emergency shelter, counseling, batterer’s intervention, and court advocacy.

However, if you or someone you know is seeking to obtain an injunction for protection it is important to know that Hubbard House’s court advocates are not attorneys. In order to obtain legal assistance in obtaining an injunction you should contact a Jacksonville Injunction Attorney.

September 14, 2011

Common Law Marriage in Florida

by David M. Goldman

Common law marriage, often referred to as sui juris marriage, is only recognized in twelve states; Alabama, Colorado, Kansas, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, New Hampshire, Texas, and Utah. The District of Columbia also recognizes common law marriages. However, you will notice, Florida is not among those states.

Florida Statute 741.211 reads as follows, “No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”

Although Florida does not have common law marriage, there are instances when Florida will recognize common law marriages that occurred out of state. Contact Law Office of David M. Goldman for more information on this and other family law issues.

September 13, 2011

The Dangers of Social Networking in Divorce

by David M. Goldman

If you are going through a divorce, it is very important that you try not to talk about it to too many people. It’s natural for you to vent your feelings and anger, but keep these conversations limited to close friends and family.

You should never discuss any aspect of your divorce on any social networking site, such as facebook and twitter. Not only can this start needless arguments online, but these arguments are archived essentially in stone. Even if you delete a comment or post, it has been archived on a computer that you likely do not have access to. In certain circumstances, this information can be subpoenaed or obtained through other methods and then used against you.

In fact, the lawyer for the other side may find a way to use social networking information against you, even if you think it’s something innocent. For example, if you have pictures of yourself at a bar, the opposing council could use it in a custody battle. Or, if you tell your former spouse that you don’t have any money, don’t post pictures of your new car on your profile.

September 12, 2011

Dating During Divorce, is it ok?

by David M. Goldman

Clients often ask me whether it will hurt their divorce case if they date someone before their divorce is final. I tend to tell them, it depends on whether or not children are involved in their divorce.

If children are involved, especially young children, I think it is probably best to hold off on dating. This is especially true if you want to introduce the children to your new significant other. This could cause issues with the children and your soon to be ex-spouse.

However, if no children are involved in the divorce I don’t think dating during the divorce process will necessarily harm the case in a negative way. But I still think it should be done discreetly.

September 9, 2011

Same-Sex Parents learn about New Guidelines for Parenting

by David M. Goldman

An issue facing same-sex parents is what rights the non-biological and non-adoptive parent has with respect to their children.

Like many couples, same-sex and heterosexual, whose relationship ends, the children are the focus of the split, and not necessarily in a good way. Child custody and visitation issues become contentious. As time evolves, so does societal perception of what makes a good parent. However when faced with a parenting conflict, it is advisable to contact an attorney who deals with the unique concerns facing those in the LGBT community.

A new set of guidelines have been published that will assist the non-legal parent should the biological or adoptive parent use anti-LGBT laws to attempt to deny visitation and/or custody.

September 9, 2011

How to Get Started With A Divorce

by David M. Goldman

Florida is one of the many states that does not consider fault for grounds of divorce. In other words, you don’t have to show that your spouse has wronged you in any way; you just have to show that the marriage is “irretrievably broken.”

The actual process is relatively straightforward. Either spouse may file the dissolution of marriage, so long as he or she can show that the marriage exists, that one party has been a Florida resident for the past six months, and that the marriage is irretrievably broken. While this process may sound simple, it may involve some unfamiliar procedures, so please speak with a Florida Family Law Attorney before taking any action on your own.

Once the divorce is granted, the court may consider fault in awarding alimony and other asset distributions. An attorney is essential at this stage, as it may make a difference in the amount of money or other assets you have to give to your former spouse. A Florida Family Law Attorney can help explain the best options available to you.