Jacksonville Divorce Attorney Blog

March 11, 2011

Military Divorce for Navy Spouses

According to journalgazette.net women in the military are more than twice as likely to get divorced then their male comrades and more than three times as likely if they are enlisted.

As to the reason for this disparity, David Segal, director of the Center for Research on Military Organization at the University of Maryland suggests, “There’s a fair amount of equality in terms of their military roles, but as the military increasingly treats women the same as it treats men in terms of their work expectations, however, society still expects them to fulfill their family roles. And that’s not equally balanced between men and women.”

With the military in Atlantic Beach’s backyard there are likely many women and men service members in our area facing the possibility of divorce. Should you be a military member considering divorce contact an Atlantic Beach Divorce Lawyer today for the help you will need when filing for divorce.

March 10, 2011

Family Law, Divorce, and Child Custody

by David M. Goldman

In a recent article titled, ” Reason No. 172 Not to Practice Family Law” author Burt Likko describes how family law court can be a very unpleasant place to find oneself. Likko goes one to describe how transcripts and scenes from family law hearings can be “utterly miserable.”

Although, I agree family law court can be a place filled with a great deal of heated emotions between people who were once in love, I believe there can be resolutions that both parties are happy with. I believe a Ponte Vedra Family Law Attorney can be an essential ingredient toward insuring a satisfying outcome.

March 9, 2011

Divorce and Florida Alimony

by David M. Goldman

People contemplating divorce tend to be very curious about the topic of spousal support otherwise known as alimony. As a Jacksonville Beach Family Law Attorney I see divorce cases involving alimony on a regular basis. When first meeting with clients who are interested in the possibility of receiving or having to pay spousal support I advise them of a few key things.

(1) Spousal support is gender neutral: meaning both men and women may be entitled to spousal support.

(2) Unlike child support, there is no strict formula or calculation to determine spousal support.

March 4, 2011

Kids living with Same-Sex Parents are All Right

by David M. Goldman

Annette Benning and Julianne Moore play Nic and Jules, a married same-sex couple with teenage children, in the fairly recent movie, The Kids Are All Right.

This is a story of lesbian marriage, sperm-donor fatherhood, sex, red wine, and teen angst, when two teen-aged siblings track down their biological “donor dad”, Mark Ruffalo, who donated sperm to their lesbian mothers.

This movie shows the complications and problems that can ensue when a known or unknown donor unexpectedly re-enters into a family’s life.

February 25, 2011

Gay Marriage in Florida . . . Are The Florida Tides Turning ?

by David M. Goldman

In a stunning announcement the Obama Administration just announced that it will no longer enforce a federal law barring gay marriage.

In Florida, a constitutional amendment which bans same-sex marriages passed with 61% of the vote. Florida has adopted DOMA (Defense of Marriage Act) as state law. DOMA, which was signed into law by President Clinton in 1996, effectively denies access to marriage-based federal benefits by same-sex couples.

The U.S. Supreme Court is expected to take a California case challenging that state’s defense of marriage initiative. If the Court rules that the California law violates the equal protection clause, then all bets are off.

February 24, 2011

Parental Rights and Child Custody

by David M. Goldman

The U.S. Supreme Court will soon be hearing a case involving parental rights and allegations of child abuse.

The Court will be hearing a 2003 case involving a caseworker that interviewed a child regarding allegations of sexual abuse by her father, while, allegedly, refusing to allow the mother of the child to be present at the interview and subsequent sexual abuse medical examination.

The Mother alleged her Fourth and Fourteenth Amendment rights her violated. However, once the case made its way to the Ninth District Court of Appeals the court ruled partially in favor of the caseworker; ruling he had quasi-judicial immunity.

February 23, 2011

Child Abuse: Who should call a Criminal Defense Attorney or my Child Custody Attorney

by David M. Goldman

As a Jacksonville Child Custody Attorney, I often see cases involving child abuse and child neglect. I run into these issues primarily in cases involving termination of parental rights or simply child custody disputes.

Florida defines abuse as “any willful act or threatened act that results in any physical, mental, or sexual injury or harm that causes or is likely to cause the child’s physical, mental, or emotional health to be significantly impaired. Abuse of a child includes acts or omissions. Corporal discipline of a child by a parent or legal custodian for disciplinary purposes does not in itself constitute abuse when it does not result in harm to the child.

When I run into cases involving allegations of child abuse I always tell my clients of the importance of reporting such abuse. Florida Statute § 39.201 defines when it is required to report child abuse, abandonment, or neglect.

February 22, 2011

Same-Sex Couples Protected by The Violence Against Women Act (VAWA)

by David M. Goldman

In a crucial step to ensuring that same-sex couples, including Florida gay and lesbian couples, are also protected against the dangerous acts of violence within relationships, the Department of Justice has make clear that the criminal provisions of the Violence Against Women Act (VAWA) is intended to protect individuals in gay and lesbian relationships as well as those in heterosexual ones.

In April, 2010, the Assistant Attorney General, declared that the text, relevant case law, and legislative history all support the conclusion that the Violence Against Women Act applies with equal force in cases when the victim and perpetrator are of the same sex. The Department is working to ensure that all U.S. Attorney offices are aware of the law’s applicability to LGBT relationships.

Domestic violence knows no distinction or boundaries. Whether you are a Jacksonville gay, lesbian or heterosexual person, domestic violence is unacceptable and needs to be stopped. Florida domestic violence is often a difficult topic to talk about, but conversation must occur. A confidential consult with a Jacksonville Criminal Defense Attorney might just be the first step you need to stop the violence and get help.

February 18, 2011

Mandatory Marriage Counseling in Divorce Proceedings

by David M. Goldman

A new North Dakota bill is getting a lot of attention in the North Dakota legislature, as it is proposing mandatory marriage counseling in all divorce cases. The drafters of the bill want all married couples, with the exemption of cases with substantiated allegations of domestic abuse, to wait one year to get a divorce while they attend mandatory marriage counseling.

Florida does not require mandatory marriage counseling when a married couple is seeking to obtain a divorce. Instead, in Florida the Court may refer parties to mediation in cases where parental responsibility, primary residence, timesharing, or child support are contested.

To find out more about what Florida courts require in regards to divorce proceedings contact a Neptune Beach Divorce Attorney.

February 17, 2011

Law Students Child Support Bill

by David M. Goldman

A group of FAMU Law students in Orlando have drafted a bold and innovative bill regarding child support. The bill focuses on parents whose children have been removed from their care and provides a form of accountability for the parents.

It is estimated that every year in Florida over 18,000 children are removed from their parent’s home, the costs of which falls directly on the state and on taxpayers.

The students’ bill proposes that the parents of children taken into the state’s care would be required to pay for the cost of such care. It is not yet known if the bill is ready to be presented to the state legislature. However, in a Florida Child Custody Lawyer’s opinion it looks like it’s a good start in the right direction.