Articles Posted in Divorce

Divorcing a husband you can’t find or a wife you can’t find can be challenging.  It is a maze that requires you to know where to start before you can get through it.  As a Jacksonville divorce lawyer, I sometimes have people that come to our firm wanting a divorce, but he or she has no idea of where the husband or wife is located. In some instances, the spouse he or she desires to divorce is believed to be somewhere in the State of Florida. Jacksonville divorce lawyers can find the average person inside the State of Florida. Even finding someone outside the State and extending the search nationwide is normally doable. However, finding a person suspected of being outside the United States is another question.

Divorce when your spouse cannot be foundStarting with a person’s last know address: A person filing a Florida divorce must start with the last know address of his or her spouse.  Assuming that the spouse to be served with divorce papers cannot be found at his or her last known address, there must be a diligent search to ensure that he or she receives notice regarding the case. Florida law sets out certain efforts that have to be made when trying to find your spouse in order to serve him or her.  Once a diligent search has been completed, you may serve your spouse by publishing notice of the divorce in the local paper in the areas where your spouse may be living.  This is called service by publication.  It is also referred to as constructive service.  Trustify.info suggests eight steps when trying to find a missing person in their article, “How to Find a Missing Person: 8 Critical Steps.  This could be helpful in trying to locate your spouse.

If the proper diligent search is not performed, service by publication can be invalidated.  The reason for this is that “due process” requires that a genuine good-faith attempt is made to give your spouse an opportunity to be heard on the issues surrounding the case.  Due process is a major part of justice in the United States and in Florida divorce cases.  A Jacksonville family lawyer or jacksonville divorce lawyer can help you make sure that your case moves forward properly.  At the Law Office of David M. Goldman, PLLC, our experienced Jacksonville divorce lawyers have dealt with these types of issues and can help guide you.  Call us today to schedule a free thirty minute consultation!  We will help you find the best solution for you and your circumstances.

As a Jacksonville divorce attorney, I understand that attorney fees in divorce cases is an issue that comes up in every case. Whether each person will pay his or her own attorney fees, or whether the other side will be forced to contribute must be decided in every case. This can be done by agreement or a judge will decide.  Payment of attorney fees in divorces cases is primarily controlled by Florida Statute 61.16.   F.S. 61.16 in its simplest form bases attorney fees on one person’s need and the other person’s ability to pay. The court has the ability to assess fees on a temporary basis, at the end of the case, and even on to an appeal.

attorney feesThe purpose behind F.S. 61.16 in granting attorney fees in some situations, is to level the playing field. The courts would rather family law cases be resolved on the merits of the case rather than based on who has the most money to fight. There are circumstances where a court can order attorney fees based on other considerations that go past ability to pay. For example, the inequitable conduct doctrine can be used to punish an individual who as acted in bad faith throughout the case. Simply refusing to settle a case by itself cannot be considered egregious conduct or bad faith. In cases where one person purposefully frustrates the legal process throughout the case, or intentionally goes against a court’s prior ruling, the inequitable conduct doctrine can be used. Appellate courts have ruled that it should be reserved for the most egregious of cases.

Recently, in the case of Myrick v. Myrick, Florida’s Second District Court of Appeals reversed a judge’s ruling that granted nearly a six-figure attorney fee award to the former husband. The former wife refused to settle the case and apparently gave the former husband a hard time in certain aspects of the case. The second DCA stated that her conduct was not enough to justify the award of attorney fees.

Child Support Contempt is a common issue with Jacksonville Family law and divorce cases. When it comes to child support, often child support contempt motions are part of the norm.  As a Jacksonville child support attorney and family attorney, I have found that frustrations regarding child support are present on both sides. Parents that receive child support are often bothered when the paying parent fails to make child support payments. The parent required to pay child support is often frustrated when he or she can’t afford to make the payments. Child support contempt proceedings usually come up at some point in these situations.

The Issue if Non-Payment and What to Do About It

Child SupportFailure to pay child support gets the receiving parent charged up. This often leads to motions for child support contempt. Once the motion for child support contempt has been filed and scheduled for a hearing, the filer has to prove two things at the hearing. First, he or she must prove that there is a valid order from the court requiring the other parent to pay. Next, he or she must prove that the other person has failed to pay as required in the child support order while having ability to pay.   Ordinarily, these two things are easy to prove.  The court’s records will, of course, contain proof that there is a valid child support order. Next, the child support payment history will show a lack of payment.

imagesStudies show that a divorce is often one of the most stressful times in a person’s life. Its stressful due to the former spouses fighting over issues such as child custody, child support, alimony, and deciding which person gets marital property. New law referred to as the Collaborative Law Process Act aims to make the divorce process less stressful by creating a legal method for couples to divorce that is more civil and less contentious.

Florida is the fifteenth state to adopt a version of The Collaborative Law Process Act. It allows the roles of the parties in a divorce to stay the same for the most part. This new law makes the process easier by allowing both parties to hire a mental health professional. The mental health professional’s job is to guide the two former spouses toward an outcome that avoids as much emotional trauma as possible.

The two parties to the divorce may also need to hire financial advisers if the divorce raises any financial issues. Most likely the two parties will retain separate financial advisers so there is no conflict of interest. The new law allows all of the people involved in the divorce to sit down and go through the important issues with the divorce. This would mean the divorce attorneys, the financial advisers, the two spouses, and the mental health profession would all sit together to try and work through any barriers to a settlement.

When the parties to a marriage believe that a marriage is over or “irretrievably broken”, there is no issue as to whether the divorce should take place.  Irretrievably broken means that there is no hope of fixing the marriage.  As long as one party to the marriage believes it is broken beyond repair, a dissolution of the marriage will ultimately happen.   A broken marriage, however, CAN be fixed by a divorce, it seems.  Well technically, the relationship is fixed, but the marriage will have  ended.  I recently came across an article about couples remarrying after divorce.  You can read the article, (“Why Do Divorced Couple Remarry” by clicking here.)  There are no available statistics that explain the exact number, but it does happen.  The article generally credits remarriage of divorced couples to the healing power of time apart.  People have the chance to forgive, to try new things or relationships, and also realize that the problems were not necessarily the people themselves—marriage is simply hard.  I personally know of a woman whose parents were married to each other on three separate occasions.

divorceA divorce does not have to go through completely before any benefit can be gained from filing for dissolution.   As a Jacksonville divorce lawyer, I have come across several cases where the filing of the divorce paperwork itself helps to save a marriage.  Mostly, it is the wife that will file for divorce and have it act as a huge wake-up call for the husband.  Although, I have seen it go both ways, however.  I imagine that the filing of the divorce petition shows the other spouse that there is a serious problem that needs addressing. Continue reading

Changing Venue: Moving  Family Law Cases

One question we often receive from our family law clients is if they can change courts, also known as venue, when they move to a new area in Florida from the court where the marriage dissolution proceedings originally occurred to a more nearby court.

venue changeThe short answer to this question is yes. In family law, the courts in Florida always try to act in “best interests of the child.” This standard will be explained further in this article, but first lets explain exactly how the change in venue process would potentially work.

Before a spouse can change venue, it is important to understand where a family law proceeding can actually be brought. According to the Florida Statute 61.13, a family law case may be brought in “the circuit court in the county in which either parent and the child reside or the circuit court in which the original order approving or creating the parenting plan was entered…” This usually means that venue will start in the court where the divorce was filed, and stay in this court for all related matters such as equitable distribution, alimony, parenting responsibility, child support, and all modifications.

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Have you ever had the urge to be sneaky and record a phone call or a conversation between yourself and another person?  You just want to prove that the other person is a liar or otherwise full of it, and you decided that recording the call is the best way to get that done.  It is a perfectly normal and human thing to want to do. Well, doing that could get you into trouble in Florida and other states, if you do not let the other person know that you’re recording.  As a Jacksonville divorce lawyer, I have on occasion enlightened clients that wanted to gain evidence against a spouse during divorce proceedings that this is not a good idea.

recording callsHave you ever wondered why the first thing you hear when you call a 1-800 number is, “This call may be recorded for training and quality assurance purpose.”?  Some states, such as Florida, have laws that make it a crime to record a conversation without the knowledge and consent of the people taking part in the conversation.  When you are told that the phone call is being recorded, but continue the call, you are consenting to being recorded.  The rule against recording or “intercepting” communication  applies to live conversations in person and conversations transmitted by wire or electronic means, basically over pretty all of the ways people communicate. Continue reading

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.

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