Articles Posted in Divorce

As a Jacksonville divorce lawyer, I am familiar with how messy things can get in a divorce case. People tend to have emotional responses during divorces that can sometimes cloud their judgement. For instance, the Florida Family Law Rules come right out and tell us what financial disclosures must be provided to the other side, yet there will still be disputes regarding what information has to be provided. Oftentimes, the motivation not to provide information as required under the Florida Family Law Rules stems from spite. Divorces are understandably very emotionally draining and tough events to endure for most people. It is your divorce lawyer’s role to help by being your legal counsel and help you make the best decisions in your case.

Thumbnail image for 150130_accounting-calculator-9-90373-m.jpgRule 12.285, entitled Mandatory Disclosure, lists the disclosures that must be made, such as pay stubs, bank statements, tax returns, and more. There can be sanctions for parties that refuse to comply with the rules. You could end up paying your spouse’s attorney fees associated with asking the court to compel you to comply. It is important to only refuse to produce the information if there is a valid objection to be made. Any objection must be timely. If your objection is not made five (5) days or more before the due date of the disclosure, your objection is considered waived.

Working with your attorney to quickly comply with the rules and time limits can save you time, money, and stress. At the Law Office of David M. Goldman, PLLC, we have experienced Jacksonville divorce and family lawyers that can help guide you through the divorce process with care and understanding. It is our pleasure to help with a stressful situation in your time of need. Call us today (904) 685-1200 to schedule a free consultation regarding your divorce case.

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There are numerous reasons that spouses cite when filing for divorce. These reasons vary greatly. However no matter what the reason, in recent years a new trend has developed on when spouses actually file for divorce- and it is right after New Years Day.

The most common time of year for filing for divorce is the month of January, which is now nicknamed divorce month. In the month of January, the most popular day to file is January 2nd and January 3rd, which is right after the New Years’s Day holiday.

There are probably many reasons why divorce filings double during this period of time. Many spouses report wanting to stick it through the holidays because they feel it will be easier on the family and/or the children. Some couples believe that the togetherness and emphasis on family that comes with the holidays of Thanksgiving and Christmas will solve all of the preceding year’s problems. Sometimes the stress of the holidays makes an already declining marriage much worse.

Since the New Year’s Holiday seems to bring with it a period of reflection and review of the previous year, it may be the last reflection that a spouse needs in order to get them to file. No matter what the reason for the split is, divorce filings double in January. Statistics show that approximately 10 percent of couples don’t make it to their fifth wedding anniversary and roughly 25 percent divorce before they make it to their tenth wedding anniversary.
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Dan Marino, probably the greatest quarterback the NFL ever produced, and champion of autism awareness, cheated on his wife of 28 years and fathered a child with an attractive television personality. Always seen as a clean cut family man and all around good guy, he’s had four children with his wife and adopted two children, and inspired by his autistic son developed the Dan Marino Autism Center with his fortune.

How could someone everyone sees as so good do something so bad? Generally 50 percent of men are assumed to cheat on their significant others and in a study of 400 women, 39 percent admitted to physically cheating on their husbands.

So why is cheating so rampant? It may be that we crave emotional connection. In study after study only around 7 percent of cheating men said all they were after was sex as compared to 48 percent who reported it was the desire to have an emotional connection. Eighty Eight percent of cheaters said the object of their carnal desires was not more attractive than their spouses. It seems that most cheating occurs after someone has formed some close friendship with the person they eventually have an affair with.

Americans don’t seem to protect their marriages. Chemistry is a powerful force and someone with seemingly everything can still be left feeling wanting companionship and love.

Since cheating is so common, it is a good idea to ask yourself before you contemplate a divorce, should I try to reconcile with my unfaithful spouse? We all make mistakes of some degree, and the longer one is married, the more difficult both emotionally and financially it can be to walk away from a relationship.

However, the other side of that coin reads, fool me once, shame on you. Fool me twice, shame on me. How can you ever trust again?

In order to make a decision to reconcile, it is important to separate emotion from logic. Infidelity is a highly emotional issue surrounded by feelings of betrayal and jealousy. Separate those emotions from the logic of the situation, no matter how hard that may be. It may be helpful to decide at this point to figure out what your dealbreakers are. It is also important to think about your safety and financial security.

It may also help to discuss your feelings with a family law attorney who is not just concerned with getting your divorce dollars. Such a lawyer can explain to yo the pros and cons of a divorce and reconciliation and what your options are to protect yourself in the future.

1. “I brought my ‘friend’ with me to the interview.”

You and I have an attorney client privilege. But once you bring in a third party, whether it’s a friend, a lover or whoever, the benefit of the attorney client privilege is gone. Unless that third party is named in the case or otherwise officially associated with the case, there is no attorney client privilege.. If a friend or a lover is in a meeting with attorney and the case goes sour, in the event of a trial or deposition, there is no privilege and all those secrets can spill out in a deposition or in court.

2. “I am so depressed over this.”

If you need to cry on someone’s shoulder, don’t use your attorney’s. He or she is billing you by the hour, and while they may sympathize with your problems, they have to bill you for the time you spend with them commiserating on the telephone or in person. If you tell all your troubles to your attorney, you’ll really be crying when you see the bill.

3. I know he or she is cheating on me because I’ve been following him/her everywhere.

If you say this to your attorney, one of the things you might be saying to your attorney in the near future is “get me out of jail.”

4. I just got into an altercation with my spouse and the police arrested me.

When going through a divorce, keep things civil. While things may have been stormy right before you decided on a divorce, now is the time to be on your very best behavior.

Family law can be expensive, both emotionally and financially. When clients come to see a family law attorney, rarely are they happy or in a good frame of mind. With this in mind, here are a few things that are often said to family law attorneys, that in hindsight, were better left unsaid:

1. “I don’t care what it costs, I would rather give you everything than give my wife/husband anything.”

No matter what you pay your family law attorney, you are going to give something to your spouse when the marriage is over. You may want revenge but that rarely happens in a divorce. Things said when you are angry will later be taken back, especially when the client receives my final bill for their act of “revenge.” Wouldn’t you rather spend your money on your children’s education than on legal fees?

2. “My friend or neighbor’s divorce worked that way and they told me to do it this way.”

There is nothing worse than asking for advice from people who have nothing to lose when you have everything to lose, and you hired a professional to advise you. Each family law case is different and unique. What makes sense to your well-meaning friends may make no sense for you. Sideline quarterbacking will only be detrimental to your divorce.

3. “I’m in a hurry to get this done”

When you say this, you immediately put yourself at a disadvantage. Compromise is critical in any family law case. Without compromise, you can never come to a resolution, and in Florida, the Judge will make all the decisions absent a compromise. If you tip your hand and let your spouse know you want to get the divorce in a hurry, your spouse’s attorney will know this as well. These cases come up when a client is eager to move forward because of a new relationship. In cases like this the divorce is going to cost you much more than initially anticipated and you will rue the day you told everyone you wanted this over quickly. Don’t rush. Hurrying will be costly.

4. “Never say Never.”

Never say your spouse can have everything. Never say you will pay your spouse nothing. Never say you are going to leave your children. Each case has an n upside and a downside. Saying never is one the worst things you can do. An attorney is here not just to give you legal advice, but to counsel you on how to rebuild your life after the storm is over.

The last several days we looked at laws Jacksonville, Florida parents should know about. This is the last installment in this series.

18. I am not sure that I want my kids vaccinated against all of the diseases that my pediatrician recommends. I have heard about negative side effects. Do I have a choice? Section 381.003, Florida Statutes establishes programs for the prevention of preventable disease. The law requires that all children receive vaccines protecting against the spread of diphtheria, tetanus, polio, measles, mumps, rubella, and other diseases for child-care center or school attendance. There are religious exceptions.


A religious exemption for vaccination is a written form certifying that the parent’s objection to immunization for religious reasons exempts the parent and child from state vaccination requirements.
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This exemption is only necessary for use in Florida Public and private schools for kindergarten through grade 12.

  • A religious exemption is for anyone who has a sincere religious conflict with vaccination.
  • A religious objection may be expressly implied by religious denomination or it may be based on an individual’s own moral/spiritual conscience to live God’s Word.

Q: What constitutes a religious conflict with vaccination?

  • All vaccines are made in violation of God’s Word.
  • Vaccines are made with toxic chemicals that are injected into the bloodstream by vaccination.
  • All vaccines are made with foreign proteins (viruses and bacteria), and some vaccines are made with genetically engineered viral and bacterial materials.
  • A conflict arises if you believe that man is made in God’s image and the injection of toxic chemicals and foreign proteins into the bloodstream is a violation of God’s directive to keep the body/temple holy and free from impurities.
  • A conflict arises if you accept God’s warning not to mix the blood of man with the blood of animals.
  • Many vaccines are produced in animal tissues.
  • A conflict arises if your religious convictions are predicated on the belief that all life is sacred.
  • God’s commandment “Thou Shall Not Kill” applies to the practice of abortion.
  • When you believe that the practice of abortion should not be encouraged or supported in any way, a conflict arises with the use of vaccines produced in aborted fetal tissue even though you did not have any other connection with the abortions from which the vaccines are derived.

Q: What religions qualify for religious exemption?

  • The statutory language for Florida vaccine policy clearly states that religious exemption must be granted without question if vaccination conflicts with a person’s religious convictions.
  • A religious objection may be expressly implied by religious denomination or it may be based on an individual’s own moral/spiritual conscience to live God’s Word.

Yesterday we looked at laws Jacksonville, Florida parents should know about. Here are a few more.

9. My kid is always bruised from playing. His teacher suspected we were abusing him and called the police and DCF on us. Why did she do that?
She was following Florida law, which requires any person who believes that a child is being abused, neglected or exploited to report the suspicions to the Department of Children and Families (DDCF). The law provides the person making the report with immunity, as long as she acted in good faith. If your son’s teacher hadn’t reported her suspicions, she could have been charged with a crime.

10. What does a child need to know before entering kindergarten?
Admission to a public kindergarten is not contingent upon what a child knows; if the child meets the age requirement, he or she is eligible for admission. The Florida Partnership for School Readiness has published “Performance Standards” for 3, 4, and 5 year olds. Those standards reflect what children should know and be able to do. You may access that information and other resources from the Partnership’s website. In addition, the Sunshine State Standards provide expectations for student achievement in Florida. These were written in seven subject areas, each divided into four separate grade clusters (PreK-2, 3-5, 6-8, and 9-12).
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Yes, it can. It probably will, unless you hire a good financial planner and a good attorney well ahead of the time you decide to file for divorce.

Most credit can be extended to immediate family members. When credit is extended to a family member, the principal member assumes the primary responsibility of paying the amount due on the credit card or credit obligations. Most often, credit extensions are extended to spouses. 196033_457022344317091_31610989_n.jpg

Most couples undergoing divorce or have been divorced for some time, get surprised that they are billed for things that they have no knowledge of having bought. Situational examples are:

1. Your ex-spouse has stolen your identity. Your ex-spouse used your name and Social Security number to obtain credit without your knowledge.

2. Your ex-wife or ex-husband is an extended credit card holder. You being the co-owner are still liable for charges made on the credit card that your ex-spouse has been using. Joint accounts make you responsible for any debts entered by the two of you.

When these things happen, you would certainly be at a point where you want to know what your credit rating is. You should be aware that punctuality in paying debts and the extent of your debts are factors in evaluating your credit score. Your financial history of paying your debts is reported by credit reporting companies to credit scoring companies. Results of these are provided to lending institutions or companies who will decide on whether to grant you a loan or not.

Divorce can ruin your credit if you do not close your accounts ahead of time. Post-divorce credit problems can be avoided if you immediately close your joint accounts with your spouse. Most lenders do not honor divorce decrees. Creditors can still collect payment from the other spouse. The problem in this case is when the other spouse refuses to pay or fail to pay. This will affect the credit score if debt is unpaid on time.

Close accounts that are in both of your names. This one action can salvage some of your credit rating.

For most of us, divorce court, or any courtroom proceeding is foreign territory. Navigating through unfamiliar laws and proceedings certainly can be stressful, especially when you are in an emotional low spot. images.jpg

Here is generally what you can expect as you go through the procedure of a divorce:

There are four major issues to be settled in divorce court:
• Child custody and visitation: With whom should the children reside and how often will the other parent see them?
• Child support: How much financial help does the parent with custody receive from the other parent?
• Alimony: Is the lower-income spouse entitled to financial support?
• Division of property: How will you divide the property, assets and debts accrued during the marriage?

Just four issues but those four, as you can see, are extremely important. Your divorce may become more complicated if you have substantial assets such as investment property, more than one house, retirement plans, boats and automobiles. Your case can be decided more quickly if you and your spouse decide how to divide those assets before you file.
If you have disagreements regarding how to divide those assets or how your children will be affected by the divorce, the family law judge will send you to mediation, where a neutral third party will try to help you come to an agreement.

If you have questions about a divorce proceeding and would like a divorce attorney to assist you in the matter call us today at (904) 685-1200.

Be a professional when you’re in Court. Show the Judge you’re an well adjusted adult…Address the Judge, never the other party.

For a non-attorney and even some attorneys a courtroom can be a strange and scary place. Courtroom proceedings can seem arcane and intimidating. This is one of the myriad of reasons that it is always far better to try to settle or mediate your dispute outside of court. Why allow a third party to make all the decisions for you when you could conceivably settle the case on your own?

The time to address the other side regarding your case is before you enter a courtroom. Once you enter the Courtroom, it’s the Judge’s Show, and the “winning litigant” always respects that.

Sometimes it is impossible to even talk with the other side, let along negotiate some kind of agreement that would make stepping inside a courtroom unnecessary. If you have fallen into this situation, you will probably either need to hire an attorney.

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