Jacksonville Divorce Attorney Blog

June 30, 2011

Annulment Uncertainty

Florida marriages can be formally terminated either by divorce or by an annulment. An annulment is sometimes preferred because it is accompanied by a church annulment procedure. A decree annulling a marriage is grounded on the fact that a valid marriage never existed, either because the marriage was void, or voidable.

As a Jacksonville Family Law Attorney, I am often asked whether an annulment will be granted if a marriage was induced by fraud. Because Florida does not have an official statutory annulment provision, this question is difficult to answer. Courts will have to look at the totality of the circumstances and evaluate each situation on a case-by-case basis.

Some examples of situations when Florida Courts have granted an annulment include: (1) when it is in the best interest of an underage child; (2) when it can be proved that one of the parties lacked the capacity to contract; or (3) when the parties lack the physical capacity to consummate the marriage.

June 30, 2011

Another Small Step Toward Florida Legal Recognition of Same-Sex Relationships

by David M. Goldman

The Jacksonville Gay and Lesbian community knows first hand that the legal process moves slow. Florida was after all, the last state to rule that the ban of adoption by a gay or lesbian person is unconstitutional. So, every baby step when dealing with the everyday issues and recognition towards equality, is a step in the right direction.

This month the Wyoming Supreme Court has ruled the state’s courts have jurisdiction to grant the divorce of a same-sex couple who were legally married in Canada. There were, of course, limitations to their decision. However, every recognition of the status of same-sex couples (even when getting a divorce) helps.

To learn about ways that you can protect your Florida same-sex relationship, contact a Jacksonville LGBT attorney.

June 29, 2011

Florida Same-Sex Partners Debate Adoption vs. Legal Documents

by David M. Goldman

Many Orange Park Same-Sex Couples are raising children, yet only one partner is the legal parent. Will the preparation of estate planning documents suffice to protect your “non-legal” children. A few issues to consider are the following:

Inheritance rights. If a legal parent dies without a Will, the Florida Intestacy Statute will provide for that person’s children. Not so with a non-legal parent. If the non-legal parent dies without a Will, or dies with an invalid Will, then the children will not inherit from that parent. Likewise, the children will not inherit from the non-legal parent’s family.

Further, although the non-legal parent may provide for their children in their Last Will and Testament, a Will can, and often is contested by family members, especially when they are not 100% on board with the same-sex relationship.

June 29, 2011

Gay Adoptions – What is a Second (2nd) Parent Adoption

by David M. Goldman

A Second Parent Adoption allows the biological parent’s same-sex partner to adopt a child without terminating the rights of the biological parent. This type of adoption is comparable to a “stepparent adoption”, except both parties are the same gender.

An adopted child is entitled to financial benefits, inheritance rights and Social Security benefits from both parents. However, children being raised by same-sex parents are at a disadvantage if there is no legal relationship between the children and both parents. For example, the child’s biological parent may not have health insurance to cover the child, but the non-legal parent does. Further, employees that offer domestic partnership benefits may not cover the non-legal child of the employee.

If the non-legal parent dies, the child cannot receive surviving dependent benefits from the Social Security Administration. This can be financially detrimental to the child[ren], especially if the deceased parent was the family’s primary wage earner.

June 29, 2011

Divorcing Your Business Partner

by David M. Goldman

The National Federation of Independent Business estimates that there are more than 1 million husband-and-wife business partnerships. Considering the divorce rate has remained relatively stable during the recession, it is only natural that some of those partnerships end in divorce. Almost all divorces can get tricky when it comes to dividing assets; however, co-ownership of a business makes the separation much more complicated.

Some simply decide to sell the business and split the assets. However, it is difficult to sell a small business, especially in the current economy. It is important to consider other options.

For example, you might consider a split of the business. This is generally possible only when you and your business partner have independent clients, such as a doctor’s office. Alternatively, the couple could remain in business as a partnership. This is difficult for obvious reasons. One way to reduce the possibility of making hasty decisions to spite the other is to bring in an independent board of directors. A more common solution is for one of the spouses to buy the other out. This requires a good accountant to help value the business.

June 28, 2011

Frustration for Gay and Lesbian Parents who Aren’t Recognized as Legal Parents

by David M. Goldman

There are many St. Augustine same-sex couples who are raising children with only one legally recognized parent. In a monumental Florida court ruling which overturned the ban on gay adoption in September 2010, the court reported that scientific evidence overwhelmingly supports allowing gay people to adopt, and that “the best interest of children are not preserved by prohibiting homosexual adoptions”.

If a same-sex partner has no legal rights to a child he/she is raising, despite any legal documents drawn up naming that person as a child’s guardian, the legal rights are not the same as that of legal parent.

If you are in a similar situation and would like to talk about adopting the kids you are already raising, call a St. Augustine Adoption Attorney who would be happy to discuss with you adoption as well as other legal documents available for you, your partner and your children.

June 28, 2011

What Happens If I Do Not Pay Child Support?

by David M. Goldman

In my practice as a Florida child support lawyer, I see people all the time who have been affected by these tough economic times and now cannot pay the Florida child support obligation that has been ordered. If you have been ordered by a Florida court to pay child support, and you do not pay that support, there are two routes a court can take to punish you for not paying. One route is a Florida child support attorney can file a motion for contempt against you, and the court can order a judgment against you for the delinquent amount with interest accruing until you pay plus any administrative costs, filing fees, and any other expense the court deems necessary. These costs can add up quickly.
If the other party can prove that you did not pay on purpose, you could be deemed “in contempt of court” and possibly jailed for this offense.
If you believe that the child support amount you have been ordered to pay are not correct, the best avenue is to continue paying until a Judge can rule on the matter and enter a separate order correcting the child support amount. You should consult a Florida Child Support attorney to assist you in determining the legal avenue you should pursue make sure you are paying the correct amount.

June 27, 2011

Child Custody and Parent’s Religious Views

by David M. Goldman

As a Florida child custody attorney, parents often ask me if one spouse can limit their right to raise their child in any one religion. Florida custody lawyers recognize that there are many different religions that create very diverse belief systems, especially when it comes to the custody of children in Florida and their medical care. In the recent case of Winters v. Brown, in the Fourth District Court of Florida, the court came to the conclusion that the court can limit exposing the child to the religious views of a parent where the parent’s religion will be harmful to the child.

In this case, the mother believed in a religion that would not allow the child to receive any type of vaccination. The father wanted the child to be protected by the medical benefits of being vaccinated against deadly diseases. The Court ruled that not giving the child vaccinations could cause physical and serious harm to the child.

If you find yourself in a similar circumstances, where you do not agree with the other parent regarding religious practices used on your child, you should contact a Jacksonville Child Custody Lawyer who can advise you regarding your rights, and the rights of your child.

June 26, 2011

Florida Same-Sex Couples Love New York!

by David M. Goldman

On June 24, 2011, the State of New York became the Sixth state to allow same-sex couples to marry, as Governor Andrew Cuomo signed this legislation into law. The other states are Connecticut, Massachusetts, New Hampshire, Vermont, and Iowa. Also included is the District of Columbia.

The legalization of gay marriage in New York has sparked a celebration which is estimated to add $284 million dollars to the state’s economy, by the thousands of gay and lesbian couples from New York and out of state who will marry in New York. The law, which takes effect after 30 days from the signing, will double the number of Americans in same-sex marriage states.

Florida and other Gay activist are hopeful that the New York Vote will help in the nationwide effort to allow same-sex marriages in all states. This move will assist with pending court cases to illustrate that marriage equality is not a matter of “if” but of “when”.

June 24, 2011

Predatory Marriage: What are your Options?

by David M. Goldman

You might’ve heard that Hugh Hefner is getting married — yet again — at the end of this week. Keep in mind that Hugh is 85 years old and is engaged to a 24-year-old former Playmate. In other words, Hugh was a little over 60 when his soon-to-be wife was born. While it’s not really the purpose of this blog to criticize Mr. Hefner’s lifestyle, one could reasonably question his bride-to-be’s motives.

As our population grows older, you may hear more stories about “predatory marriage”. This is when a younger — usually much younger — person marries an older person without the family’s knowledge. When the person dies, his or her new spouse emerges on the Will as the beneficiary to assets that should otherwise go to the family. For example, in one extreme case, an adult daughter left her elderly father with a family friend while the daughter went on a weeklong vacation. In that week, the family friend married the woman’s father, transferred some of his assets to a joint account, and named herself his pension beneficiary. The man’s children found out about the marriage a month later; when they asked him about it, he couldn’t remember anything about the arrangement.

In many states, such arrangements are difficult to challenge as inheritance rights of widows and widowers often trump estate-planning documents. In a few states, however, courts and legislators are trying to make it easier for families to challenge these predatory marriages. Florida is one such state; last year, a law was passed that allows heirs to challenge any marriage, even after a spouse’s death, on the ground of fraud, duress, or undue influence. Such statutes often have legal implications regarding the Constitutional right to marry; however, Florida’s law does not infringe that right but instead alters the property rights associated with marriage.