Jacksonville Divorce Attorney Blog

June 23, 2011

Florida Injunction Lawyer on Behalf of Your Children

As a Jacksonville, Florida Injunction Attorney, I am often asked about the affects of injunctions in Florida. The Courts acknowledge that people who are in domestic relationships have the ability to ask the court to enter an injunction against a party where there is violence in the relationship. An injunction in Florida has the effect of stopping the other party from doing the action that harms.
Where the violence or harm involves children, some Florida Courts allow the non-violent party to seek an injunction against the violent party on behalf of the child.
If you have a similar situation, you should contact a Jacksonville, Florida injunction lawyer who can provide you with the law based on your specific situation. You should contact counsel even if you have not personally witnessed the violent party in action, but your children have told you about it.

June 22, 2011

Child Custody and Support

by David M. Goldman

A story from Indiana recently went viral on the Internet. It was about a woman who created a fake Facebook profile to befriend her ex-husband, David Voelkert, and get “dirt” on him to use in the couple’s custody battle. The woman thought she struck gold when her ex-husband told his new “friend” that he had been tracking his ex-wife by planting a GPS on her car.

Of course, hiding a GPS on someone’s car and tracking them is illegal (if you’re a private citizen). Federal agents arrested Mr. Voelkert and held him for four days; however, Mr. Voelkert was released after convincing the agents the truth behind his messages: to simply freak his ex-wife out. Apparently, Mr. Voelkert knew from the get-go that his new “friend” was actually a fake account having something to do with his ex-wife.

In retrospect, Mr. Voelkert probably wishes he would’ve simply ignored his ex’s attempt to trick him. However, this situation brings up interesting questions: how can Facebook, twitter, email, and other social web-services be implicated in divorce or custody proceedings?

June 21, 2011

Adoption Options

by David M. Goldman

As a Jacksonville Adoption Attorney, I am often asked whether a spouse’s new husband can adopt a child from a previous marriage. The answer is yes (in most cases). It is important to note that this will alter any prior child support obligations. Florida law stipulates that upon the adoption of a child, for whom support has been previously ordered, by someone other than the father, the liability of the father for the support of the child is terminated. In other words, a father who previously paid child support is no longer required to do so.

If you are interested in adopting a child, contact a Jacksonville Adoption Attorney today to begin the process today!

June 20, 2011

Florida Divorce Residency Requirement

by David M. Goldman

According to Florida Law, an individual seeking a divorce must be a resident of the state for 6 months prior to filing for divorce. While some states have an additional divorce waiting period to make sure couples are absolutely certain about ending their marriage, Florida has no statutory waiting period. After the 6 month residency requirement is met, a divorce can be filed in Florida. The Petition for Dissolution of Marriage should be filed in either: (1) the county where the Petitioner resides or (2) the county where the parties last lived together prior to separating.

As a Jacksonville Divorce Attorney, I am familiar with how to expedite divorce cases. If you would like to learn more about the Simplified Divorce Procedures in Florida, feel free to contact me any time!

June 17, 2011

Marital vs. NonMarital Assets

by David M. Goldman

Whether or not an asset is “marital” or “nonmarital” is often a key issue in a divorce. Marital assets are generally considered jointly owned by both husband and wife, and it is usually up to the court to decide how those assets will be distributed. Nonmarital assets, however, are considered owned by only one of the spouses and are generally free from distribution in a divorce. You should be aware that liabilities –debts– are treated the same way as assets.

Florida Statute 61.075 addresses this issue and defines marital and nonmarital assets. Marital assets include assets acquired during the marriage, the increase in value of nonmarital assets (if the increase is the result of contribution from both spouses), interspousal gifts during the marriage, and all benefits accrued during the marriage, such as retirement funds, pension, profit sharing, and insurance plans.

Nonmarital assets include assets acquired prior to the marriage, assets acquired during the marriage by gift or inheritance, assets excluded from being considered marital by written agreement (such as a prenuptial agreement), and income derived from nonmarital assets, unless the income was “treated, used, or relied upon by the parties as a marital asset.”

June 16, 2011

Jacksonville Mother of Accused Child Murderer may lose Parental Rights

by David M. Goldman

If you live in Jacksonville, you’ve likely heard of Cristian Fernandez, the 12-year-old charged with first-degree murder of his 2-year-old brother. You may also have heard that Cristian’s mother, Biannela Susana, is being charged with negligent homicide. It is alleged that Ms. Susana was not at home at the time of the attack and, upon arriving home, waited two hours before taking her child to the hospital so she could look up care symptoms online. This delay in care is what spurned the negligence charges against her.

Now, however, the Florida Department of Children and Families is asking the court to take away Ms. Susana’s parental rights. She has two other children: a 5-year-old son and a 4-year-old daughter. The court will likely side with the Department of Children, which means Ms. Susana’s two other children will be placed in foster care.

Ms. Susana would also lose custody of Cristian, who would be assigned a guardian ad litem for his criminal court hearings. A guardian ad litem is a non-attorney volunteer who is appointed by the court to act on behalf of a child who has been removed from parental custody. The guardian attempts to act in the child’s best interests in all matters before the court.

June 15, 2011

Teen Marriage Under Florida Law

by David M. Goldman

Florida Law is very specific as to when a marriage license may be issued to persons under 18 years of age. Generally, a minor must be at least 16 years old and obtain written parental consent before a marriage license will be issued. For minors under the age of 16, marriage licenses will not be granted even with the consent of the parents.

However, there are exceptions if a child is involved. For instance, if two minors already have a child, they may petition a County Court Judge to issue a marriage license by submitting an application confirming under oath that they are the parents of a child. Additionally, if a minor’s pregnancy is verified by the written statement of a licensed physician, the County Court Judge may, at his or her discretion, issue a license to marry.

Additional exceptions can be complicated and are often determined on a case by case basis. Should you have any questions relating to a teenage marriage and/or teenage pregnancy, feel free to contact me a Jacksonville Family Law Attorney today.

June 14, 2011

Is living separately required to get a divorce

by David M. Goldman

This question has a classic legal (i.e., frustrating) answer: yes and no. Basically, you don’t need to be physically separated –you can even live under the same roof– but you cannot cohabitate. This means you have to show some defined rules of separation in your home (separate sleeping arrangements is a good example).

The case that best answers this rule is Stoneburg v. Stoneburg. In this case, the Florida Supreme Court stated the mere fact that husband and wife continued to live together was not grounds to overturn the divorce ruling. The Court noted, “The law would not compel the husband under such circumstances to forcibly put his wife out of the house in order to maintain a suit for divorce . . . .”

It’s important to note that the husband and wife were not sleeping in the same bedroom during divorce proceedings. The Court would not likely uphold a divorce while the spouses were sleeping in the same bed. In

June 13, 2011

Divorce and its Impact on your Children

by David M. Goldman

There are obviously many considerations that revolve around the decision to get a divorce. How a marital split will affect your children is likely on the top of that list, as it should be. Divorce has a profound effect on kids, and it’s important you try to proceed with your divorce in a way that that has the least harmful effect on your kids.

It has been known for some time that young children of divorce are more likely to suffer from psychological issues, such as anxiety, loneliness, and lasting impacts in interpersonal skills. Further, a recent study suggests that young children of divorce are more likely to suffer decreases in math scores in the years following their parents’ separation. A more positive finding, however, was that reading scores were unaffected. Further, children did not appear to be at higher risk for more aggressive behavior, such as arguing, fighting, or anger.

Nevertheless, divorce is a trying situation for all involved. Children are especially susceptible to lasting psychological issues, which is why it’s important that you deal with your divorce in a way that minimizes some of this stress. If you’re considering filing for divorce, make sure you contact a knowledgeable Florida Divorce Attorney to help make the process a little more bearable.

June 10, 2011

Gay Couples Adopting in Florida

by David M. Goldman

Late last year, a Florida appeals court declared unconstitutional a 33-year-old state law that prevented gay people from adopting children. Since that decision, gay couples in Florida have quietly begun adopting children.

Prior to the ruling, social workers often did not ask about the sexual orientation of an adopting parent, which meant some gay Floridians were adopting children under the radar. However, even with this option gay couples could not obtain the same legal rights as straight couples in the same situation, such as custodial rights in the event the adoptive parent died. The court’s ruling, however, means gay couples can legally adopt and have many of the same custodial rights as straight parents.

There are many things a gay couple should consider prior to adopting a child of their own. For example, the current court ruling is relatively young and will likely be challenged in other courts or the Florida legislature. Additionally, the media may be interested in your adoption and you may find yourself with unwanted attention. If you are interested in growing your family, contact a Florida LGBT Lawyer or a Jacksonville Family Law Lawyer to discuss your options.