Articles Posted in Divorce

Planning for the future in any given situation will produce a better outcome than not having a plan.  Marriage and divorce are no exception.  Having a plan is important for people of all ages, but people who marry later in life normally have more reason to plan properly.  Those entering into marriage later in life are normally more financially equipped than their younger counter parts and often have children already.  This is important, because leaving property behind for your children could be affected by  a subsequent marriage and/or divorce.  There are many planning documents that are helpful to have.  Two documents that will help make things  a bit simpler later down the line for married couples are: (1) a prenuptial (or premarital) agreement and (2)  a will.

prenuptialPrenuptial agreements can be used to lay out the understanding between couples on how things will go during the marriage, as well as what happens in the event of a divorce between the parties. Examples of topics to include would be how the couple will handle joint bills and other liabilities. A common method is for the parties to establish a joint checking account that each will contribute to for the purpose of paying household expenses.  All issues that may come about during a divorce proceeding can’t be addressed.  Things like child support and time-sharing (visitation) can’t be controlled completely by a prenuptial agreement, but it makes sense to have as many issues as possible ironed out.  Property  rights absolutely can be determined by a prenuptial agreement, and parties should consider having one in place. Continue reading

Technology plays a major role in divorce cases.  Technology, particularly social media apps like Facebook, Tinder, and even text messages, are coming up as issues.  Sometimes, the use of technology is the cause of the divorce, while other times technology provides evidence to be used in divorce litigation.  It is estimated that as many and one-third of divorce cases around the country mention Facebook.  Many states are “fault” states when it comes to divorces.  In these states, divorce lawyers will use evidence of adultery committed using technology to be the justification for divorce.  Florida is a “no-fault” state when it comes to divorces.  What this means is that there doesn’t have to be a reason for the divorce in Florida, other than the marriage is “irretrievably broken”.  As long as one of the parties no longer want to be married, a divorce can move forward.  Florida divorce lawyers typically will use information gathered via technology to present evidence to the court for various reasons, but its use to justify a divorce is not needed.

technology in divorceAs a Jacksonville divorce lawyer, I see text messages used most often as evidence for or against a party to a divorce case than any other form of technology.  The text messages are introduced regarding all types of divorce issues.  When a party is in the middle of litigation, it is a good idea to be careful about the messages sent via text or some other media, such as Facebook Messenger.  The things that are posted on social media should be selected carefully, as well.  For instance, if one party states that he or she has no means of income at all and is looking for spousal support, but makes posts on Facebook advertising the operation of a business, this can be harmful to that party’s position.  Other examples are where parents are litigating over custody of children.  Having evidence that one parent has made efforts to let the other parent visit with the children, despite claims that no such efforts were made can be helpful.

Many various of the issues involving technology and its use for or against a party can come about.  The rules of evidence will play a part on what can be used and what cannot be used in the case.  Contacting a Jacksonville divorce lawyer early on in the process will help ensure the best possible outcome in your case.  For more information on divorces in general or to schedule your free initial consultation, call us today at (904) 685-1200.

As a Jacksonville divorce lawyer, I have encountered my share of clients that are not too fond of the idea of paying alimony to a former spouse.  I suppose I understand.  Alimony considerations are controlled by Florida Statute 61.08, but in general will be based on one person’s need versus the other person’s ability to pay.   For many people, it’s not the money its self, but rather the idea of being forced to provide support that they would rather not provide after the relationship has ended.  Simply put, people are angry and are driven by emotions surrounding divorces, those emotions often conflict with what the court has ordered regarding support payments.  People will search for ways to protest as much as possible without running the risk of being held in contempt for not following a judge’s order.

151215_Allimony ChecksTake a look at the photo to the left. It shows a man and woman who were recently married.  Apparently, the photos are printed on checks that the man used to pay alimony to his ex-wife. Not all divorced couples hate each other, but it is clear to see that these checks were designed to take shots at the ex-wife every time she receives an alimony payment.  It makes for a good laugh on social media, but I wouldn’t recommend it under most circumstances.  As long as alimony is due, the court will have jurisdiction to enforce the support obligation. As long as the court retains jurisdiction, there are always things that the ex can do to complicate the former husband’s life.  Under Florida law, there is nothing wrong with what the husband has done here.   Although there are many many reasons not to antagonize and poke at an ex-wife, the law will allow this type of behavior.  Unless there is a provision in the divorce decree that can be used to attack these spiteful checks, the checks will be allowed.

My advice as a Jacksonville divorce lawyer is for the ex-husband not to poke the bear. For the ex-wife, it would be to cash the checks and enjoy the money. The ex-wife, however, under Florida law has the option to petition the court and ask that the payments go through the depository, rather than directly to her. It adds a middleman to the deal, but shuts down the ex-husband’s shenanigans.  At the Law Office of David M. Goldman, PLLC, our experienced divorce lawyers can help guide you through the divorce process and help protect your rights.  We also offer pretty awesome advice on what not to do in divorce case.  Call today for a free initial consultation.

Marriage has long been described as the union of two people, which in the end gives rise to solidarity of purpose and existence, creating one stronger unit.  With the emphasis put on the union, you can imagine that undoing the union is serious business.  During divorces, emotions run high for different reasons.  The financial aspect of ending the marriage relationship is high on the list of stressors.  For example, if a household brings in $100,000 per year between the husband and the wife, splitting that income in two and trying to maintain the same standard of living is hard to to do.  As a Jacksonville divorce lawyer, I’ve encountered this dilemma many times.  Intertwined in the issue of income splitting is the issue of dividing marital debt (and marital assets, but in this article the focus will be on marital debt).

Marital Debt

Marital Debt

According to Florida Statute 61.075, “All assets acquired and liabilities incurred by either spouse subsequent to the date of the marriage and not specifically established as non-marital assets or liabilities are presumed to be marital assets and liabilities.”  In other words, both parties are responsible for debt created by one or both of them, unless it can be shown that one of them should be solely responsible for the debt.  This means proving that it is non-marital debt.  The person who wants the debt to be considered non-marital debt has the burden to prove that it is non-marital debt.

Florida divorce rates are declining, while marriage rates are increasing, according to a recent article by WCTV.  This has been the case for the past year, according to a Department of Health report.  Jacksonville divorce lawyers are familiar with the fact that divorces are tough.  It is a wonderful thing for the numbers to decrease, even if only by a small amount.  Divorces cases are emotionally taxing on families.  Divorces are also financially harmful to families.

jacksonville divorceIn Florida, the divorce process is a simple one.  It may not always be easy to actually go through it, but the concept is simple.  If one person out of the couple believes that the marriage is broken, then there is grounds for a divorce.  Some other states require a bit more.  This could be one of the reasons why Florida’s divorce rate is slightly higher than the national average.

The major issues that come up in divorce cases are (1) child custody and visitation, referred to as parental responsibility and time-sharing; (2) child support; (3) alimony or spousal support; and (4) the division of assets and liabilities.  At the Law Office of David M. Goldman, PPLC, we have experienced Jacksonville divorce lawyers that can help you navigate through the simple, but stressful process of divorce in Florida.  Call us today for a free consultation.  Our experienced Jacksonville divorce lawyers can help you understand your rights and obligations regarding your divorce.  As much as we wish you a long healthy marriage, we realize that things happen and plans change.  Let our divorce lawyers get you on the right track.  Call today.

Most people have had buyer’s remorse from time-to-time. The moment a person realizes he or she has made a bad deal can be very disappointing. As a Jacksonville divorce lawyer, I can tell you that settlement agreements in divorce cases can leave a person feeling the same way. Marital settlement agreements can be used to resolve any issue in a divorce case. Some subjects, like custody or time-sharing, may have to be approved by the court before being made a part of the final divorce decree. Child support, for example, that is normally based on guidelines can be more than what the law requires, if both parties have agreed to it.  A father that has agreed to pay $200 additional in child support per month will typically be stuck with the terms of the agreement he signed.  divorce_pic

Florida courts have long held that a signed settlement agreement in divorce cases will bind both parties.   This is so, because courts prefer people to work the cases out themselves, rather than rely on the court to solve problems through litigation. Jacksonville divorce lawyers would all hope that their clients won’t enter into agreements without the divorce lawyer having an opportunity to review and advise the client about the agreement, but divorce lawyers are sometimes faced with having to search for ways to get a client out of a settlement agreement the lawyer was not involved in.   Unless certain circumstances exist, a person is bound by a signed settlement agreement in divorce cases. Things that can make a settlement agreement unenforceable include fraud, duress, misrepresentation, and overreaching.

For example, a situation where a husband threatened to turn his wife and her business partners in to the IRS unless she signed the marital settlement agreement was found to be duress, and the agreement was set aside. Where one party has lied about what assets are available, courts are likely to invalidate those agreements, as well. Experienced Jacksonville divorce lawyers at the Law Office of David M. Goldman, PLLC can help you maneuver through the issues in your divorce case. Free consultations are available. Call us today at (904) 685-1200.

If your divorce case goes wrong, you made need to appeal the judge’s decision. Judges don’t always get it right. I’ve witnessed this as a Jacksonville family and divorce lawyer. Whenever, cases have reached a final conclusion, our legal system allows a person to appeal the decision. In family cases, judges listen to evidence at trials and must decide what is in the best interest of a child when considering time-sharing or child custody issues.  Florida Statute 61.13(3) lists the factors that the judge should use. The trial judge has discretion to do what he or she sees fit and in accord with the facts and the law in each case.

system_failureWhen cases are appealed, the appeals court will look back at the decision made by the trial judge and decide whether the judge abused his or her discretion. In the recently decided case of Niekamp v. Niekamp, the Second District Court of Appeals overruled a Leon County, Florida judge regarding several issues.  The judge in the Niekamp case awarded no time-sharing to the Husband in the case, but did not implement a plan for reunification of the Husband and the children. The appeals court deemed the lack of a reunification plan as an abuse of discretion.  Although the trial judge found that no time-sharing was appropriate for the time, there was no evidence that it was in the children’s best interest to never be reunited with the Husband.

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Divorce is an unfortunate reality.  It happens to people of all walks of life from the average Joe to household names like celebrity couple Gwen Steffani and Gavin Rossdale.   According to TMZ.com, Gwen filed for divorce on Monday.  Gwen and Gavin are both successful musicians and have been married for over 13 years, but sources report that Gwen complained that Gavin was a cheater and was on tour with his band too often.  Gavin claims that Gwen spent time on the road, as well.  Reasons for divorce vary as much as the couples that get them, but there are a few reoccurring themes in divorce cases.  Financial issues, cheating, domestic violence, substance abuse, and simply growing apart are the ones I hear most often.  Whatever the reason, divorces are common, but knowledge about the process and rights each person has is not common.

imagesThe process of getting divorced is legally simple.  What is complicated at times, is accomplishing the task.  The emotions that go along with the process can make matters difficult, especially where one party is being spiteful or is suffering from emotional pain that enhances the legal battle.  Pushing aside the emotions that come along with a divorce, the major issues to be decided are:

  1. Child child custody and visitation (referred to as “time-sharing” in Florida)

money
“Why is divorce so expensive? Because it’s worth it. “- Unknown

As a Jacksonville divorce lawyer, I can tell you that the average person that is thinking of divorce worries about the cost of  divorce.  The ugly truth is that divorce can be expensive, but divorce does not have to cost a lot.  There are things that you can do to help keep the costs down during your divorce.

1.  Be Reasonable

Separation and Bankruptcy in Florida: Can I file without my spouse if we are separated?

In addition to being emotionally draining for most people, divorces can cause a myriad of issues with the most substantial problems being financial issues.  Sometimes couples split, but don’t legally divorce.  Some states recognize legal separation, but Florida does not.  Living separately from your spouse while still being married is fine, but in Florida it does not have any special legal recognition.  When an individual who is simply living separate from his or her spouse (or is going through a divorce) considers bankruptcy, they often want to know if they can proceed with a bankruptcy without involving their spouse.

The current bankruptcy laws allow a debtor to file an individual bankruptcy regardless of whether he or she is married or in the process of getting a divorce. A debtor is allowed to file a joint or individual bankruptcy during a marriage or during an ongoing divorce.  Generally, when a person is married and filing bankruptcy, either individually or jointly, the income of both spouses determines what type of bankruptcy a debtor can file; either a Chapter 7, 13 or 11. This is known as household income in bankruptcy. Even if only one spouse is filing bankruptcy, the income of the other non-filing spouse will be taken into consideration and must be disclosed to the trustee and court.

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