Jacksonville Divorce Attorney Blog

Many couples considering divorce are concerned that beginning divorce proceedings will mean that they have to put their lives on hold while their lawyers drag them through months of court battles, legal struggles and attorney fees. Not all divorces have to proceed this way. Many couples considering divorce are exploring the concept of uncontested divorce. Uncontested divorce is a fresh approach to divorce, one without the strain and discord normally associated with a traditional divorce.

In an uncontested divorce an attorney will draft a Marital Settlement Agreement, which identifies and addresses all issues between the divorcing parties including division of their mutual debts, properties, definitions of alimony, etc. Both parties consent to and sign the document which will be filed with the court. The Court adopts the agreement and enters it as part of the Court's divorce decree of Dissolution of Marriage.

If you are considering a St. Augustine Divorce, it may be in your best interest to enlist the guidance of an attorney. An experienced St. Augustine Divorce Attorney can prepare and help you and your spouse carry out an uncontested divorce that is simple and affordable. If you think an uncontested divorce may be right for you, contact a St. Augustine Divorce Attorney today for a complimentary consultation to discuss your options.

So, I just wrote a blog yesterday regarding how Heidi Klum officially filed for divorce from her husband Seal. I mentioned that Heidi requested primary physical custody of the couple's four children and that the parties had a prenuptial agreement in place prior to walking down the aisle. I also mentioned, only time will tell if their divorce will be amicable or nasty.

Well, it looks as though it may be getting nasty. Seal has filed a response to Heidi's petition and there are some discrepancies between the two. For example, Heidi refers to a prenuptial agreement in her petition alleging there is no joint or community property, whereas; Seal makes no mention of such. This can be of huge consequence, as it is estimated Heidi has a net worth around 70 million, whereas; Seal's net worth is estimated around 15 million. Seal has asked for joint physical custody of their children while Heidi wants primary physical custody.

This is just the beginning, we'll have to wait and see how this highly publicized divorce plays out.

Going through a divorce in Orange Park? Contact an Orange Park Divorce Attorney today and schedule a free consultation.

Some aspects of divorce are relatively simple, but become complicated when heated emotions and bitterness come into play. Other aspects, however, are inherently daunting to many people going through the process. Nobody enjoys filing taxes, and the process becomes more complicated for couples going through a divorce.

To make the process easier: communicate with your former spouse. This tip is incredibly common because it is incredibly important. With the help of a qualified Ponte Vedra Family Law Attorney many aspects of your divorce become simpler if you and your former spouse are on the same page and are open with each other, especially when it comes to tax issues.

The first thing to consider is how you want to file: if you were married last year but are now getting divorced, you have the option of filing jointly or separately. Each option carries its own concerns. A joint return might be simpler, but will expose you to tax liability should your partner run into any trouble with the IRS. A separate filing avoids this liability, but can be expensive.

Additionally, if you have children, it goes without saying that things will be more complicated. You'll have to decide which parent will claim head of household status in order to get the dependency deduction. This is usually simple: the parent who has custody for more than 50% of the year generally claims the deduction. If you have multiple children and different time-share arrangements for each child, the head of household determination can be a little trickier; a Ponte Vedra Family Law Attorney can help you with these issues.

Spousal support. This area can be a little tricky as well and counterintuitive. As a general rule, the spouse paying support can deduct the payments from his or her income. The spouse receiving support, however, must include these payments as taxable income.

Some of this may sound confusing, but don't worry: contact a Ponte Vedra Family Law Attorney in the Jacksonville/Jacksonville Beach/Orange Park area who can help you with these issues and other questions you may have.

Three months after announcing an amicable separation, super model Heidi Klum officially filed for divorce from husband Seal this past Friday. Klum, 38, cited the typical divorce language, "irreconcilable differences," in her Los Angeles County divorce papers.

Reports are suggesting that Klum has requested to be awarded primary physical custody of the couple's four children; Leni 7, Henry 6, Johan 5 and Lou 2. Also it is believed the parties had a prenuptial agreement in place prior to saying their vows. Only time will tell if this will be an amicable divorce or whether we'll see another nasty celebrity divorce.

If you're considering filing for divorce and want to know how to proceed, contact an Orange Park Divorce Attorney today to schedule a free consultation.

Serving the following counties: Duval, Clay, St. Johns and Nassau.

Jacksonville area residents seeking to change their name may do so by filing a Petition for Change of Name with the court in the county in which they reside. However, there are a few hoops that must be jumped prior to the court granting a name change. In particular, fingerprints must be submitted for a state and national criminal records check. However, this does not apply to women who are changing back to their maiden name. In Jacksonville the name change petitioner can have their fingerprints scanned at the Jacksonville Sheriff's Office for a nominal fee of $5.

Also, the petitioner must make sure the Petition is verified and show numerous other things, including: the Petitioner is a bona fide resident of the county where the name change is sought, whether the Petitioner has ever been adjudicated bankrupt and if so, when and where, and whether any money judgment has ever been entered against the Petitioner. A Jacksonville Name Change Attorney can help with this process by drafting the Petition that includes the proper and necessary language.

After everything is filed and received by the clerk's office a hearing on the Petition can be scheduled. Scheduling a hearing can sometimes be difficult for pro se petitioners; whereas petitioners with a Jacksonville Name Change Attorney tend to have little to no issues. The hearing consists of the Petitioner giving brief testimony to a Jacksonville Family Law Judge. If there are no issues the Jacksonville Family Law Judge will sign a final judgment, making the name change official.

Should you desire any further information on this topic please contact a Jacksonville Name Change Attorney who can help you through the process and represent you at the final hearing. Consultations are free and night and weekend appointments are available.

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.

Neglect, on the other hand, "occurs when a child is deprived of, or is allowed to be deprived of, necessary food, clothing, shelter, or medical treatment or a child is permitted to live in an environment when such deprivation or environment causes the child's physical, mental, or emotional health to be significantly impaired or to be in danger of being significantly impaired. The foregoing circumstances shall not be considered neglect if caused primarily by financial inability unless actual services for relief have been offered to and rejected by such person. A parent or legal custodian legitimately practicing religious beliefs in accordance with a recognized church or religious organization who thereby does not provide specific medical treatment for a child may not, for that reason alone, be considered a negligent parent or legal custodian; however, such an exception does not preclude a court from ordering the following services to be provided, when the health of the child so requires:"

(a) Medical services from a licensed physician, dentist, optometrist, podiatric physician, or other qualified health care provider; or

(b) Treatment by a duly accredited practitioner who relies solely on spiritual means for healing in accordance with the tenets and practices of a well-recognized church or religious organization.

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.

To learn more about what Florida considers as child abuse and what you are required by law to do if you're aware of incidents of child abuse contact a Jacksonville Child Custody Attorney but if you ever find that you are being accused of these crimes or suspect that you will be charged, you should contact a Jacksonville Criminal Defense Attorney as soon as possible to help prepare your statements and/or defend yourself. Sometimes we see charges like this that result from actions, which are intended to change the child custody situation and may not be based on events that actually happened or can be substantiated.

Like most states in the U.S. Florida is a no fault divorce state. No fault divorce means neither spouse is required to prove "fault" or marital misconduct on the part of the other party. One party must merely show that the marriage is "irretrievably broken" or that the other party has been mentally incapacitated for the past 3 years.

This does not mean that divorce in Florida is always a quick and easy process that can be done without the professional assistance of an Amelia Island Divorce Attorney. For example, if one party disagrees that the marriage is "irretrievably broken" a judge may require the parties to attend marital counseling for up to 3 months to encourage reconciliation. This is done by one of the parties filing a Motion to Stay the Proceedings. A hearing will be held and the Judge will decide whether to stay/delay the divorce proceedings for 3 months in the hopes of the parties reconciling or to proceed with the divorce with not time gap. Judges also have the authority to delay the divorce and require counseling for up to 3 months if there are minor children to the marriage.

However, it is possible in the state of Florida to secure a relatively quick divorce. In fact, many spouses can reach an amicable settlement without having to ever have a contested court hearing, this is usually only if there are no children of the marriage and few assets that need dividing. But many divorcing parties face problems navigating the legal hurdles including time constraints and complications filling out paperwork. This is so, even where there is no "dispute" between the spouses about the need for divorce. Keep in mind, too, that there is still a requirement for a judicial proceeding (a final hearing in front of a Judge) even in uncontested cases - so it is important for each party to be represented by their own Amelia Island Divorce Attorney.

It is important to note that even in a no fault divorce state divorce can be a long and taxing process if the parties are not on the same page. Many factors contribute to a divorce proceeding that often requires professional assistance. If you find yourself considering divorce contact an Amelia Island Divorce Attorney today.

Serving the areas of Duval, Nassau, Clay, & St. Johns counties.

In September 2011, after 4 1/2 years of marriage shock jock, Bubba the Love Spounge Clem, filed for divorce from his wife, Heather Dawn the Love Spounge Clem, stating the marriage was "irretrievably broken and should be dissolved." With Bubba having a net worth estimated to be in the millions one would think that the divorce would be highly contested. Not to mention the fact that Bubba is known for making harsh and outrageous comments that often end up stirring up controversy.

However, prior to the 2007 nuptials the parties entered into a prenuptial agreement. And as of a February 13th settlement agreement it appears as though the parties' assets were divided up pursuant to the prenuptial agreement. Bubba's now ex wife will receive $1,150 a month in alimony payments lasting for a total of 56 months. She also will receive a one time lump sum payment of $20,000.

Further, both parties agreed, "not to interfere with, annoy, molest or harass the other party or disparage the other party in public," with special mention made of speaking "on air" about each other. Bubba even went to his twitter account to urge his followers not to disparage his now ex wife.

If you're facing divorce, live in the Atlantic Beach area, and want to proceed as amicably as possible contact an Atlantic Beach Divorce Lawyer today to develop the best game plan for you.

When couples divorce people expect to hear about fights over who gets what car, who gets what house, etc... However, more and more divorcing couples are fighting over the family dog. Both Britney Spears and Drew Barrymore battled over custody of their respective pooches when divorcing. This is to be expected though, since families seem to now consider their pets as integral parts of their family.

I myself, as a Neptune Beach Divorce Attorney, have seen numerous divorcing clients fight for custody of their dog. But the problem is Florida law views pets as chattel or personal property. For the most part Florida judges typically will not view a family pet as a member of the family, but will instead view Fido as nothing more than personal property, such as a car or boat, that needs to be equitably divided. Currently, only four states (California, Illinois, Maine & New York) view pets as more than personal property, but not in every circumstance.

Here at Apple Law Firm we are all dog lovers and even bring our dogs to the office on Fridays. My dog Lily is even pictured above. So should you live in the Neptune Beach or surrounding area and are seeking a divorce but don't want to give up your dog contact a Neptune Beach Divorce Attorney today to schedule a free consultation.

A question that I often hear from potential clients is what is the difference between a legal separation and divorce. In Florida there is no such thing as a "legal separation," there is only divorce. The proper name for a divorce in Florida is a "dissolution of marriage." This means that a married couple can separate from each other physically and think they are divorced without actually being legally divorced in Florida.

In Florida, there is a concept call "separate maintenance" which may allow a wife or a husband to separate physically from one another, maintain another residence and ask the Court to order their spouse to pay support or alimony without a divorce and without dividing marital property and debts incurred during the marriage.

A Florida divorce can be achieved in two ways. It can be achieved through either mutual consent of the parties, i.e. a consent divorce or if the parties do not consent to the divorce or distribution of marital property, through a contested divorce. In a contested divorce the parties ask the Court to decide all of the issues between the parties and enter a judgment of dissolution of marriage without the need for the consent or signature of the parties.

If you are facing a Yulee Divorce proceeding, contact a Yulee Divorce Lawyer today. A Yulee Divorce Lawyer knows the issues that can present themselves during a divorce proceeding and can work with you to achieve the most beneficial result for you.

One of the questions that many people ask when they come into my office is "do I need to have a lawyer at mediation?" While each St. Augustine divorce case is different, the short answer is "Yes." Even if you have begun your St. Augustine Divorce case on your own, having a lawyer at any stage of your divorce, a really good idea to have at your mediation.

Many judges will order divorce proceedings to go to mediation before a judge will make a final determination and mediations can present several unique circumstances that you may not anticipate or know exactly how to deal with. There are several things to keep in mind if you plan on not hiring a St. Augustine Divorce Attorney to represent you at mediation:

1) The mediator cannot and will not give you legal advice like a St. Augustine Divorce Attorney can. A St. Augustine Divorce Attorney will ensure that you have the information necessary to make an informed decision.

2) If you agree to something at mediation that is not in your best interests, the mediator will not stop you. A St. Augustine Divorce Attorney can prevent you from making agreements that are not beneficial for you.

3) Signed agreements entered into at mediation are binding on you even if you change your mind later.

4) Even if you feel you are close to an agreement prior to mediation, hashing out minor issues, such as relating to the kids' schedule, may become emotional and the mediation may go awry.

Many people who want to represent themselves in divorce and at mediation are concerned about the cost of hiring an attorney, but one way to save money may be to hire a lawyer only for the mediation. This can be a economically beneficial for you while ensuring you come to the agreement most beneficial for you.

If you are facing an upcoming mediation in your St. Augustine Divorce Case, contact a St. Augustine Divorce Attorney today. Mediation can be a very effective tool in coming to an agreement in your divorce proceedings and reaching an agreement at mediation means you have control over the outcome and not a judge, which most people find to be more beneficial.

In divorce cases in Florida, child support is required to be calculated in every marriage that results in children. The amount of support owed by either parent is calculated based on factors according to a formula set forth by the state of Florida.

Based on Florida law, if one of the parents is out of work and that parent cannot prove that they are employed to the best of their abilities, or attempting employment to the best of their abilities, then a judge can attribute the national median wage that is current to that parent. Currently, that median income can be as much as $40,000 per year.

Essentially, that means all efforts by someone who is going through a Ponte Vedra child support proceeding to improve or find employment need to be thoroughly documented and all efforts to find employment must be in good faith. If a Ponte Vedra parent is not able to be employed to the national median income level, they are better off being fully employed to the maximum of their abilities when facing a Ponte Vedra child support case.

If you are facing a Ponte Vedra child support case, contact a Ponte Vedra Child Support Lawyer today. Documenting all efforts is always the easiest way to help your Ponte Vedra Child Support Laywer prove income in your case.

According to a recent post in The Wall Street Journal, divorce rates among military members are on the rise. Unfortunately, marriages involving members of the military encounter many distinctive challenges such as extended separation, potential physical or emotional injuries, extended separations due to active duty deployment ors difficulty readjusting to ordinary home life after deployment.

Unfortunately, military divorce can present many unique difficulties as well. Once of the unique issues that many Ponte Vedra Beach military couples who have experienced a military divorce is dividing up one spouses military pension. Depending on the length of time served and the rank achieved, military pensions can be substantial.

For a number of reasons, the non-military spouse may have a difficult time gaining full access to the military pension by Florida courts. In some cases, even if the non-military spouse was awarded benefits by the court, state and federal laws that regulate the distribution of military pensions may cause difficulties in the division process.

One of the most important steps to take is to consult a Ponte Vedra Beach Divorce Attorney. There are legal means for non-military ex-spouses to get their fair share of military pension in divorce. If you are facing a Ponte Vedra Beach military divorce, contact a Ponte Vedra Beach Divorce Attorney today.

To read the full Wall Street Journal article, click here.

Domestic violence is a serious issue, and you should speak with the proper authorities as well as an Orange Park Domestic Violence Attorney if you have been a victim. But you may need to go a step further and have the court grant a protective order or an injunction preventing the other person from contacting you. This allows the police to arrest the person if he or she violates certain provisions of the court order. If he or she is arrested they could be looking at misdemeanor criminal charges placed against them.

However, what exactly does Florida law define domestic violence as in order to get an injunction?

"Domestic violence" means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

Now that you know the definition of domestic violence, you need to know what standard do you need to meet in court.

The case of Oettmeier v. Oettmeier, 960 So. 2d 902, (Fla. §2d DCA 2007), speaks directly on this topic. In this case the wife sought a domestic violence injunction against her husband. Said injunction was granted by the Circuit Court. The husband appealed and the Second District Court of Appeals held that competent, substantial evidence did not support the finding that the wife had an "objectively reasonable fear of imminent domestic violence". The case holds that if fear alone is the "reasonable cause" alleged to support the injunction, then not only must the danger feared be imminent but the rational for the fear must be objectively reasonable as well; absent this objective reasonableness, the Petitioner's belief is unsubstantiated speculation that does not support the entry of an injunction.

If you're seeking to obtain an injunction contact an Orange Park Domestic Violence Attorney today to schedule a free consultation. Night and weekend appointments available.

Serving the areas of Jacksonville, Jacksonville Beach, Orange Park, and St. Augustine.

You may have heard the story of Crystal Harris, a woman in California who was sexually assaulted by her husband. Ms. Harris pressed charges, and her husband was convicted of sexual assault in part because of a recording that caught the audio of the ordeal.

Spousal rape cases, however, are typically very difficult to prosecute. Ms. Harris's husband was convicted only of sexual assault; the jury was unable to reach a verdict on two other charges, including spousal rape. The most heartbreaking aspect of Ms. Harris's story was how the court handled the legal fees: the judge ordered her to pay the husband's legal bills from the divorce and, even worse, she was forced to pay alimony from their divorce. In other words, she was forced to pay money to the man she had just divorced because of his sexually abusive behavior.

Of course, many people were outraged when they heard about the situation. In California, the family law code currently provides that a judge can consider the criminal conviction in adjusting spousal support, but a spouse convicted of attempted murder will not receiving anything. Lawmakers are trying to change that language to disallow spousal support for any spouse convicted of any violent felony.

The law is gaining support, and it would be a difficult political position for a politician to oppose it. It's unfortunate that these circumstances can take. Hopefully we never see a situation like this. If you are going through a divorce, contact a Jacksonville Beach Family Law Attorney.

Serving the areas of Jacksonville, Jacksonville Beach, Orange Park, Ponte Vedra, Ponte Vedra Beach and St. Augustine.