Many Florida divorce attorneys refer to the first Monday of the New Year as “divorce day.” Why is this you may ask? Well for many married couples the New Year means new beginnings and for some couples it means time to split from their spouse and file for divorce.
The first Monday of the New Year is the day some married couples contact divorce attorneys to get a new start and a new lease on life.
There are a few reasons for this:
A heartbreak for a Florida parent to lose custody of their child because of their sexual orientation. Many Nassau County gay men and lesbians have children as a result of prior heterosexual marriages. In some instances, the other parent may argue that the court should consider sexual orientation or gender identity in the determination of child custody.
Florida case law states that a parent’s sexual orientation is irrelevant to custody issues unless there is direct evidence of harm to the child. Florida Statute Section 61.13 provides the court with a list of factors affecting the welfare of a minor child, including the “moral fitness of the parents.” Cases have analyzed Florida gay and lesbian parents under this statute and have concluded that standing alone, sexual orientation should not be weighed negatively.
Same-sex couples raising children together in Fernandina may also become involved in child custody disputes. Usually only one partner is the legal parent, and therefore, unique issues arise for the non-legal parent. It is beneficial to talk with a Gay and Lesbian Family Law Attorney about the various legal documents, including parenting agreements and shared parental contracts to ensure that you will be protected in the event that a child custody issue ensues.
A family member is not always qualified to act as guardian for a loved one who has been determined to be incapacitated, or unable to handle all, or some of the tasks necessary to care for themselves or their financial matters.
If you are the spouse or dependent of a person who has been deemed incapacitated, and who is under the control of a professional guardian, you may petition the court for an order directing the guardian of the property to contribute to your support from the property of the ward. A Ponte Vedra Guardianship Law Firm has the experience needed to petition the court for the support of a person financially dependent upon a ward. The court may enter an order for suitable support and education of the dependent person out of the ward’s property that is subject to the guardianship.
According to Florida guardianship statutes, a dependent means, in addition to those persons who are legal dependents of a ward under existing law, the person or persons whom the ward is morally or equitably obligated to aid, assist, maintain, or care for, based upon the showing of an existing need, and the ability of the ward to provide without unreasonably jeopardizing his or her own care.
Florida has adopted what is known as Equitable Distribution. Under the Equitable Distribution scheme, marital property is fairly (equitably) divided between the parties of a divorce.
The current Fla. Statutes require a court to begin the process of dividing assets and liabilities by setting aside those assets that are defined as “non-marital.”
• typically those assets which either were owned prior to the marriage or inherited during the marriage and not mixed with marital assets,
Alimony is a term referring to the payment of certain monies as a form of financial support. It is based on the common law right of a wife to be supported by her husband. However, in 1979 the U.S. Supreme Court removed alimony’s limitation to husbands, to account for cases in which the wife is wealthier.
Traditionally speaking ex-husbands are probably thought of as being the ones ordered to make alimony payments. However, since the 1979 Supreme Court ruling referenced above, that is no longer the case. For example, U.S. soccer star, Landon Donovan, has filed for divorce from his actress wife Bianca Kajlich, and in his divorce pleadings he is requesting alimony from Bianca.
Therefore, it is important to know, if you make good money at your job, be prepared to pay alimony, regardless of whether you’re the guy or the gal.
This tragic story is one that I see all too often in my practice as a http://www.jacksonvillelawyer.pro/lawyer-attorney-1525907.html and Florida Child Custody Attorney. When couples are divorcing and child custody and child support are in issue, people often feel as if their entire world is collapsing around them and there is no solution in sight. I help those people find the solutions necessary to go forward in their lives. John Skelton, the father of the three missing boys out of Michigan, was born and raised in Jacksonville Beach, Florida. He and his wife were divorcing and he took his children from Michigan to Jacksonville Beach without the wife’s permission. The wife came to Florida and took the children home. Mr. Skelton obviously felt he had no more control in his life. The wife was divorcing him and he was going to have to pay child support. I can only speculate as to what occurred next but as of Tuesday afternoon, December 7, 2010, Mr. Skelton was arrested on three counts of parental kidnapping. No divorce or child custody case ever has to get to this point. Please seek an experienced child custody attorney in Florida or Jacksonville divorce lawyer to help you find the right solutions. There is always an answer, even when one feels there is no solution in sight.
A Florida guardian is a person appointed by the court to act on behalf of a person who is either a minor, elderly or incapacitated (the “ward”). In Jacksonville and Orange Park there are unfortunate instances when an unsavory guardian entrusted to protect the ward is actually the person exploiting the ward by draining finances or not providing for the best interest of the ward. There are also situations, when the court appointed guardian may isolate the ward from other family members and caring friends.
The Florida Guardianship Statutes provide numerous reasons which provide for the removal of a guardian. Legal issues must be researched as to the best course of action when commencing a termination. Termination of a guardian is often a complicated procedure which is best handled by an experienced Jacksonville Guardianship Attorney.
Fortunately, Florida law provides for several safeguards in which to notify the court of guardian abuse, and which allow the court to take the necessary actions to protect the ward and the ward’s assets. If you believe that an elderly or incapacitated ward is undergoing abuse or exploitation from a legal guardian, discuss your situation with an experienced Jacksonville Guardianship Attorney .
In my position as a Jacksonville Family Law Attorney, I see the holidays as being a tough time for families contemplating divorce. In my experience, people will wait to file for divorce in Jacksonville until after Christmas as they usually have unrealistic expectations for the relationship during the holidays. A Jacksonville Divorce Lawyer can help couples in crisis in dividing the holiday time with the children in an agreeable and workable manner and can help reduce the stress associated with a damaged relationship during the holiday time period. These are issues I deal with in my practice as a Florida Divorce Attorney and often on a last minute basis during the holidays. To help you create a holiday schedule to keep the stress of divorce and the holidays low, contact a Florida Divorce Lawyer to help you so the holidays can be Merry and Bright for you.
As an experienced Jacksonville Divorce Lawyer, I often see couples at their worst. Many times, when a relationship is breaking up, the civility between the parties is also lost, and the harassing begins. This harassment can go from simply bothersome to criminal. Florida law requires that if you feel that you are becoming the victim of harassment, you must first put the offender on notice to stop calling you or your family members or to cease the harassing act. You should keep a log of each call with the time, date, and number from where the call came and from whom. If the offender continues the offending act after being placed on notice to stop, then the act becomes criminal and you may seek the protection of the police or the Office of the State Attorney. It is important to have a Florida Family Lawyer to help you address the issue and to file the appropriate documents in your divorce. Taking these steps will help stop the harassment while the divorce process is pending.
As a Florida Family Law Lawyer, I initiate injunctions for protection against domestic violence for my clients and I defend against them when they have been filed against my client. The injunction in Florida is probably the most misused and misfiled document in domestic relations. Florida statute section 741.28 defines what acts are considered as domestic violence in Florida. Many times, I see a petition for protection against domestic violence that does not contain any allegation of domestic violence as required by the statute. As such, I am able to successfully defend against the allegation in court. If you are attempting to seek an injunction talk with Jacksonville injunction for protection against domestic violence lawyer.In addition, if you are in an abusive situation, you should call 911 and report the abuse and get the immediate protection you require and deserve.
