Jacksonville Divorce Attorney Blog

June 9, 2011

Family Law and Divorce

“Can I move out of state as primary parent of my child?” As a Jacksonville Family Law Attorney, I continually receive this question and just received it again in my email. I have also previously written a blog on it.

To briefly answer this question, a parent who has majority timesharing with their child(ren) may move out of state. However, there are a few hoops that need to be jumped first.

Specifically, Florida law requires parents who want to relocate with their children, thus moving more than fifty (50) miles away from the minority timesharing parent, to file with the court a Motion to Relocate. This Motion must be heard and granted by the Court prior to relocating.

June 8, 2011

The Need for Estate Planning with Divorce

by David M. Goldman

As a Ponte Vedra Family Law Attorney, I have found it is important that all couples considering a divorce also consider having an estate plan. Under Florida law, a surviving spouse is entitled to his or her intestate share of the estate unless a final decree of divorce has been entered. It is important to note that it is the entry of a final decree, not the petition for dissolution, which causes a divorcing spouse to forfeit the right to an estate. Thus, an untimely death prior to entry of a final divorce decree can result in the allocation of the surviving spouse’s assets to his or her deceased partner’s surviving heirs.

Another problem I often see is when a divorce brings wealth to a client who lacks experience managing it. Therefore, it is important for a divorcing spouse to meet with the type of professionals who can help him or her develop an estate plan. If you are considering a divorce, feel free to contact me and I will be happy to direct you to a Ponte Vedra Estate Planning Lawyer.

June 7, 2011

Missing Florida Children Found

by David M. Goldman

A recent custody case in Western Florida shows just how important relationships with family members can be. For the last five years, two Panama City children have been in their grandparents’ custody while their mother was in and out of jail. However, when a judge granted custody back to the children’s mother, their grandparents refused to hand them over.

Instead, the grandparents took the children over one thousand miles north, to Sasketchewan, where they camped out in a Walmart parking lot for two weeks before Canadian authorities figured out what they were doing.

The children are now back in their mother’s custody. Their situation shows just how important it is to maintain a good relationship with family when children’s custody is at issue. If someone is going through family issues that involve custody matters, contact a Florida Family Law Lawyer who can help ensure the best solution for your and your family.

June 7, 2011

Bankruptcy after Divorce

by David M. Goldman

The process of obtaining a divorce can be an expensive process, one that leaves many people in debt and possibly looking to file bankruptcy. Before you make any of these decisions, you should make sure to contact a Jacksonville Divorce Attorney or a Jacksonville Bankruptcy Attorney to discuss your situation as your options can often be complicated and confusing.

For example, many people think all of their credit card debts will be discharged in a bankruptcy proceeding. This is not necessarily true. If you file for divorce and a judge issues a final order of divorce, you will likely be responsible for any debts listed in that order. So, if a divorce order gives you the car, your spouse the boat, and splits the credit card debt between the both of you, you will likely not be able to discharge that credit card debt in a later bankruptcy proceeding.

There are exceptions to this rule, but the laws can be very complicated. Make sure to contact a Jacksonville Divorce Attorney if you are thinking of filing for divorce or post divorce bankruptcy.

June 6, 2011

Divorce and Division of Assets

by David M. Goldman

Florida law stipulates that marital assets and liabilities are to be divided equitably upon divorce, in legal jargon this is referred to as equitable distribution. However, equitable distribution may not always mean equal division. Each and every divorce case is different.

Florida courts look at many factors when determining which party gets what and how much they get. Before dividing property in a divorce the court must first decide what is marital property and what is nonmarital property.

As a Jacksonville Family Law Attorney, I am frequently involved in the dissolution of assets process. Should you find yourself facing an upcoming divorce, contact a Jacksonville Family Law Attorney today.

June 3, 2011

Grandparent Time-Sharing

by David M. Goldman

Florida law stipulates that families resolve differences over grandparent time-sharing within the family. However, when families are unable to resolve differences relating to grandparent time-sharing, the law provides that the family shall participate in any formal or informal mediation services that may be available.

As a Jacksonville Family Law Attorney, mediating time-sharing disputes is something I continually deal with. Should you have any questions relating to paternal rights and/or grandparent time-sharing in Florida, feel free to contract me at any time!

June 2, 2011

A Domestic Violence Injunction And Firearm Rights In Florida

by David M. Goldman

As a Florida family law attorney, I have people who need help in protecting themselves against domestic violence. I also defend people who have had a Petition for Domestic Violence filed against them. Many times, this area of law is the most misused. Many people who have had an injunction filed against them do not understand that if you get an injunction granted against you, you will not have the right to own, carry or possess a firearm. This can be very costly to those who use a firearm in their line of employment. Instead of simply agreeing to the injunction, the best way to protect your firearm rights is to contact a Jacksonville, Florida injunction attorney who can defend your rights before a Judge.

June 1, 2011

Paternity In Florida: Why You Must Have A Judge’s Signature

by David M. Goldman

As a family law attorney in Florida, I often have cases where the parties are not married but they have a child in common. Many people have the false impression that simply because they are on the birth certificate that this acknowledges that they are the father. THIS IS NOT TRUE. Until a Judge signs an Order that orders that you are the father, then the child is not legally yours and will not inherit under your estate as an heir of yours if you pass away. As such, you have no legal rights to the child for timesharing, visitation or parental rights in Florida until a Judge determines that you do. Please contact a Jacksonville family law attorney for help in getting your parental rights established.

May 31, 2011

Alimony In Florida

by David M. Goldman

As a Jacksonville alimony attorney, my job is to get people alimony and to keep people from having to pay alimony, depending on which party I represent. There are several factors that the courts use in determining an award of alimony. Only one factor is the length of the marriage. As such, just because you have been married for ten or more years, doesn’t necessarily mean that you are entitled to alimony. There are several other factors that are assessed when determining an award of alimony in Florida. Please contact a Florida alimony lawyer to ascertain whether or not you are a candidate for alimony or if you are going to have to pay. Most cases are not cut and dry and require a Florida alimony attorney to best represent your interests.

May 30, 2011

Divorce In Florida: Collaborative Law And How It’s Changing Divorce In Florida

by David M. Goldman

As a Jacksonville, Florida divorce attorney, I am saddened at times by the sheer battles that can occur in the courtroom during a divorce trial. Many people, however, do not want to battle it out and create battle scars that never heal. Especially when the parties share children. There is an approach to divorce in Florida that is taking good ground and that is the collaborative divorce in Florida. In a collaborative divorce, the parties sit around a table with their lawyers and try to reach an amicable solution and an agreeable contract that will split everything and restore the parties to the status of being single without destroying the relationship forever. Please contact a collaborative divorce lawyer to discuss this option if you are cautious about a war in court.