Articles Posted in Divorce Discovery

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

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.

An order to show cause is a type of court order that requires one or more parties in a court proceeding to come to court to justify, explain, or prove something to the court. Typically it means the Judge in a case needs more information before he or she decides to do something. For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children.

Other examples of an order to show cause in a family law context would be when one parent has not been paying court ordered temporary child support while a case is pending. One party may petition the court to find the other party in contempt. The court may issue an order to show cause to find out if the allegation is true and ascertain why the party is not paying support. Perhaps the party is was in the hospital and was not able to work. The judge can then make an informed decision regarding the order and issue an appropriate sanction or no sanction at all.

If you are on the receiving end of a notice for an order to show cause, it is not something to set aside or ignore. You may wish to contact a family law attorney to assist you in protecting your rights. If you have such an order in hand, or have any questions regarding any other legal issue, give Law Office of David M. Goldman a call at 904-685-1200.

PrimeSource, a local mobile forensics company is now offering data recovery for Blackberry, Android, iPhone, iPod, iPad and GPS devices for use as evidence in any cases we may have. With this technology, we are able to recover many deleted text messages, images, GPS locations, etc. to show that someone was at a location, with a specific person, said or did certain actions.
For instance, a few years ago I had a case with facts similar to these: A man and a woman had a child together, but had split up. That woman’s subsequent boyfriend sexually abused the child. The police investigated the matter but the boyfriend was nowhere to be found. A custody case ensued and after a year of struggling visits it was discovered that the woman was pregnant and the man that showed up at the OBGYN visit was the sexually abusive boyfriend. The police were called and both the mother and boyfriend were immediately arrested however the child had gone a full year without this discovery being made. Had the father been able to make use of PrimeSource’s technology, the child could have been protected from a continued horrifying situation.
If you have questions about what PrimeSource may be able to do for you in your case, contact a Jacksonville Family Law Attorney or call us at (904) 685-1200 for a free consultation.

 

social media.jpgAs a Ponte Vedra Beach Divorce Attorney I continuously come across the issue of social media and how it can and does play a part in divorces. I see social media play a role in nearly half of all of my cases. I have blogged on this topic on several occasions as well. Ten years ago this was not an issue, but now I advise all of my clients to be aware of what they put out there on the internet for everyone to see. This is because all to often pictures, status updates and videos are used against clients in trials. This is especially true in child custody battles.

Not surprisingly there have been numerous articles published on this topic. One of which can be found on The Huffington Post and is titled, “Don’t Let Social Media Sabotage Your Divorce.” The author of this article, Bari Zell Weinberger, Esq., lists three important steps that a divorcing party should take in order to avoid self sabotage. One, “Think before you post.” Don’t post any pictures or comments that you know could come back to haunt you as evidence at a trial. This should be quite apparent. Two, “Keep your social networking circles separate from your ex’s.” Keep your ex or soon to be ex off of your personal site. You don’t want your ex or soon to be ex to have the ability to gather any evidence that can be used against you. And finally, three, “Don’t reveal your location.” If you’re not where you are supposed to be do not announce to the internet world where you actually are at all times.

Should you live in the Ponte Vedra Beach area and are contemplating divorce contact a Ponte Vedra Beach Divorce Attorney today. A Ponte Vedra Beach Divorce Attorney can assist you with tailoring your personal social media sites to insure they cannot potentially harm your case.

fb.jpgA case out of Ohio provides a telling reminder of why you really need to stay away from Facebook during a divorce – or really any criminal proceeding. Sure, it’s nice to have a place to rant and converse with your online friends. But you need to remember that what you write on Facebook is never completely private (no matter what your security settings are at) and the court can (and often does) find out about it.

The case involves a man who was ordered to stay away from his wife and to refrain from doing anything to cause her “to suffer physical and/or mental abuse, harassment, annoyance, or bodily injury.” The order also affected his rights to visit with his son, so he was understandably upset. What he should have done was converse, in person or on the phone, with his friends or others who could offer emotional support. What he did do was log onto Facebook and post:

“. . . if you are an evil, vindictive woman who wants to ruin your husband’s life and take your son’s father away from him completely – all you need to do is say that you’re scared of your husband or domestic partner . . . .”

usher.jpgDrug testing is a common issue in divorce and other legal proceedings involving children. Family Law Judges in Jacksonville have the authority to order a parent who is alleged to be using and or abusing illegal substances to submit to a drug test. This usually occurs upon motion of the other party or parent.

Reportedly, R&B star, Usher, is finding himself in this exact situation. Neontommy.com posted an article, which opens with, “In the heat of a custody battle, Usher’s ex-wife, Tameka Raymond, is practically begging for the judge to have him drug tested. She claims that the R&B superstar “pops pills” and “who knows what else” in front of their two boys.”

If you live in the Jacksonville area and are concerned that your ex-spouse or soon-to-be-ex-spouse is abusing drugs around your children contact a Jacksonville Family Law Lawyer today to schedule a free consultation.

facebook evidence.jpgThe popularity of Facebook and other “second lives” people lead on the internet has given rise to social media playing an increasingly prevalent role in the courts. Earlier this month, a judge in New Jersey ruled that a woman could be prosecuted for identity theft after apparently creating a fake Facebook account for her ex-boyfriend. She used the account to insinuate that he had herpes, visited prostitutes, and was “high” all the time. The man was a narcotics detective, so the claims were especially problematic for him.

Similarly, a Michigan case recently saw a judge order both parties in a divorce to exchange passwords to their Facebook accounts. The parties are fighting over custody of their children, and the father claims his ex-wife’s social networking history will show that she is incapable of taking care of the children. The judge ordered the two of them to exchange passwords and also told them they must refrain from posting messages in the other party’s name.

It’s only a matter of time before these issues start popping up in Florida. It’s very important to remember that anything you post on line can be accessed by someone else. Nothing you post is completely anonymous and it will remain on the Internet forever. Be professional and think before saying things, especially if you are involved in a dispute.

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