Jacksonville Divorce Attorney Blog

November 1, 2011

Kim Kardashian Files Divorce After a 72 Day Marriage

You may remember the four-hour wedding special and countless front-page tabloid appearances. But alas, true love does not always last: Kim Kardashian filed for divorce from Kris Humphries as of today, October 31. Citing “irreconcilable differences,” apparently the couples’ TV show and focus under the spotlight was just too much to handle.

Details are scarce, but the couple apparently had a prenuptial agreement. Prenuptial agreements allow couples to make agreements prior to their marriage regarding any number of things, though they are often used to protect one of the parties who may have substantially more assets than the other and does not want those assets to be divided in the event of a divorce.

Her attorneys likely advised Ms. Kardashian on her best options, but in states like Florida, a marriage for such a short period of time could be drawn to a close through an annulment. Annulments are available primarily when the marriage was never valid in the first place; however, such instances can be difficult to prove.

November 1, 2011

What is Parental Alienation Syndrome?

by David M. Goldman

In many of my Jacksonville divorce cases I run into the all to common problem of Parental Alienation Syndrome. ParentalAlienation.org defines Parental Alienation Syndrome (PAS) as “a disorder that arises primarily in the context of child-custody disputes. Its primary manifestation is the child’s campaign of denigration against a parent, a campaign that has no justification. It results from the combination of a programming (brainwashing) parent’s indoctrination and the child’s own contributions to the vilification of the targeted parent.”

In my past Child Custody Cases in Jacksonville, I have unfortunately seen parents make degrading remarks about the other parent to the child, make false accusations to the Department of Children and Families (DCF) and refuse to comply with time-sharing agreements.

In cases where Parental Alienation is an issue the Court needs to be made aware of what exactly is occurring and the severity of the problem in order for the Court devise a remedy.

October 31, 2011

Gay Divorce and Termination of Relationships

by David M. Goldman

As a Jacksonville LGBT Lawyer, I receive many calls from gay and lesbians who are ending their relationships, with no formalized seperation documents in Florida that dictate what happens to jointly owned property. This issue becomes more complicated when real property is involved.

Same-sex couples do not have the inherent safeguards of the law which benefits opposite-sex or heterosexual relationships in a legal marriage as defined in Florida law.

The best advice would be to consult with a Ponte Vedra Law Firm as to how real property, other property purchased together and financial accounts should be titled, managed, and protected.

October 28, 2011

Alcoholism and Divorce

by David M. Goldman

Alcoholism is the leading substance abuse problem in the United States. It has been estimated that over 13 percent of adults will experience some form of alcohol abuse at some point in their lives. For many of these individuals it can be a factor in the dissolution of a marriage. As a Jacksonville Divorce Lawyer I see alcohol play a role in many of my divorce cases.

Not only can alcohol abuse be a factor that leads a spouse to file for divorce but alcohol abuse can also play a large role in divorce proceedings, especially if the parties have children.

For example, if one party has a severe alcohol abuse problem and often becomes violent when under the influence or drives while under the influence of alcohol, this will be considered when the court determines issues relating to the parties’ children.

October 27, 2011

Divorce, Adoption, and Custoday for Gay and Lesbian Families.

by David M. Goldman

Florida same-sex couples who are raising children together or are planning to either adopt or use donor insemination should consult with an Orange Park Law Firm practicing in gay legal issues.

Florida same-sex parenting issues are an evolving area of law. The question about the legal parentage of a child can be the most important question in a couple’s relationship, as well as having significance to the child.

Should an Orange Park same-sex couple break up, only the legal parent will be entitled to custody and visitation, and only they are legally responsible for the care and support of the child. This can have a profound and detrimental effect to not only the non-legal parent, but the child as well.

October 27, 2011

Domestic Violence and Divorce

by David M. Goldman

As a Jacksonville Family Law Lawyer, I am well versed in the issues of Domestic Violence and its effects on Jacksonville families. Domestic Violence seems to pop up in nearly 50% of my cases; whether the case be one of divorce, paternity, termination of parental rights or modification. The possibility of domestic violence being an issue is always on my mind.

I can’t help but wonder with this weekends BIG GAME and the large amount of “cocktails” flowing, would Jacksonville domestic violence and or alcohol related crime rates experience an increase. With this question on my mind I decided to look into the relationship between alcohol and domestic violence.

I stumbled upon the Stop Violence Against Women website and read a page titled, “Myths About Alcohol and Domestic Violence.”

October 26, 2011

Guardianship Of Minor Child

by David M. Goldman

As an attorney in an Orange Park Guardianship Law Firm, I often receive calls from parents of minor children who have received an inheritance, proceeds of a lawsuit, or insurance policy. Florida Guardianship law provides that a guardianship is required if the monetary amount in question exceeds $15,000 dollars.

Parents in Orange Park or around often question why a court proceeding is necessary for them to get access to their children’s money. In most instances, a bank, insurance company or other financial institution will not release funds to you until you have the necessary court order demonstrating your legal authority to take control of the money.

To become the guardian of a minor, (even natural parents) you need to consult with a Jacksonville Guardianship Lawyer mandated by Florida law to protect and serve the best interest of the minor. Any money exceeding $15,000 is considered significant, and the court requires that the money be placed in a restricted financial account.

October 26, 2011

Evidence: Text Messages and Divorce Case

by David M. Goldman

Recently, an Australian man had charges of rape dismissed because of text messages stored on his iPhone. It’s not uncommon for text messages to be used in such cases; what’s interesting is that the man had deleted the text messages several weeks earlier. Fortunately, an it expert was able to access those deleted messages and recover them for use in the rape case.

Text messages from phones are often difficult to access once they’ve been deleted, however; as a Jacksonville Divorce Lawyer I know that retrieval of these messages is possible. Specifically, your cell phone service provider may hold on to the content of text messages for a certain time period, so even if you delete them from your phone, they might be accessible. Often times a subpoena is necessary to retrieve the text message content.

This information has been important in many of my Jacksonville divorce cases because text messages may reveal valuable evidence regarding child custody, adultery, injunctions, etc. Typically, it is not a good idea to use text messages for intimate discussions or other conversations you may wish to keep private. If you don’t want something you say to be used against you, either don’t have the conversation or have it in person so there’s not a history of the conversation stored on your phone or computer. And remember, if you are going through a divorce, contact a Jacksonville Divorce Lawyer to discuss your questions or concerns.

October 24, 2011

If My Spouse Gets To Keep The House, Can I Still Be Held Responsible For The Mortgage? 

by David M. Goldman

The short answer to this question is, unfortunately yes. If, in a divorce, one party is granted sole exclusive use and possession of the former marital home the other party could still be held responsible in the event of a default on the mortgage.

Thus, even if the former marital home is deeded to one party the other party’s name is still on the mortgage and can still be held responsible. If the party with possession of the home fails to pay the mortgage, the bank has the option to come after the other party.

During the divorce proceedings the party without the home can ask for their name to be removed but this is likely not to occur. Also, the Court can order the party with possession of the home to try and refinance to get the other party’s name off the mortgage, but in todays market this is not a likely solution.

October 22, 2011

Los Angeles Dodgers Owner Reaches Divorce Agreement With His Soon To Be Ex-Wife

by David M. Goldman

The Daily Pitch is reporting that Frank and Jamie McCourt have reached a divorce agreement that will give Frank McCourt, the Los Angeles Dodgers Owner, sole control over the Dodgers. Jamie McCourt, on the other hand, will be leaving the marriage with a hefty $130 million in her pocket. The settlement is believed to be the costliest divorce in California history.

As a Jacksonville Divorce Attorney, I can’t help but think of how less costly the McCourt’s divorce could have been had they worked together and agreed to settle nearly two years ago. In Jacksonville, I see clients argue over the most insignificant things because they are experiencing so many emotions due to the divorce. I can only assume that is what the McCourts did, except for on a much larger financial scale.

I personally tell my Jacksonville clients to look at the big picture and to try to take emotions out of the decision making as much as possible. This is often a difficult thing for clients to do, however; I know in the long run it is the best way to go about a divorce.