Articles Posted in Divorce

Mediation is an alternative dispute resolution that is mandatory in a Florida divorce, paternity, or modification case, but many people do not see the process as the benefit it is.  During mediation, the two parties will meet with a mediator who is an unbiased and uninterested person in the case.  The mediator will try and help the parties resolve all disputes related to the family law case.  If an agreement is reached, it is drafted and submitted to the Court for approval so the case can be closed.  While the process is straightforward, there are still many myths related to the process.  Your Jacksonville family attorney can assist you in understanding the mediation process.  Below are the biggest myths about family law mediation in Florida, and the truth behind them.

The Mediator Will Make All the Decisions

This is simply untrue.  Mediators do not make any of the decisions when they meet with parties going through a divorce, paternity, or modification case.  They cannot force either party to do, or not do, anything.  Instead, they are only there to help you and facilitate you and your spouse, ex-spouse, or co-parent to reach an agreement.  If you cannot reach an agreement and your case requires litigation, it is the Judge that will make all the decisions.  Your Jacksonville family attorney is here to assist you in mediation and to represent you in any litigation should you not reach agreement.

Your domicile is the place upon which an individual has voluntarily decided to reside permanently.  In the ordinary sense, a persons domicile is the place where he lives and where he has his or her home.  However, the legal definition is more specific.  The plan in which a person has his or her permanent home and principal establishment upon which he intends to return whenever he is absent would fit the legal definition of domicile.

Why is it Important to Determine Domicile?

The domicile that one chooses has legal consequences. One’s domicile determines which state can probate a will.  It also determines which state can collect estate taxes when someone dies.  One’s domicile establishes where an individual may exercise certain legal rights and privileges.  Where one has the privilege to vote is determined by domicile.

It is no secret that going through a divorce is expensive.  Although there is very little that you can do about certain costs of your divorce, such as what you may or may not lose during property division hearings, there is one area of expenses you can control.  That is your legal fees and costs.  All divorce attorneys in Jacksonville will charge something to legally represent you during the process, and the advice and counsel they bring to your case is invaluable.  Still, there are some ways that you can keep the legal costs down, so you do not face unexpected charges in the future.  Your Jacksonville divorce lawyer can explain to you in your initial consultation how to keep your legal costs down but here are some basic tips.

Call and Email Only When You Have To

            Most divorce lawyers in Jacksonville will charge you for every time they devote to answering your phone calls and emails.  However, you likely want them to spend this time preparing for your trial, mediation, or other aspects of your case.  You will have may questions during the divorce process, and you deserve to have them answered.  Instead of incurring fees every time you have a question, prepare a list of questions, and ask them all at once.  Your Jacksonville divorce lawyer will still charge you, but you will likely incur fewer legal fees.

Do You Know Your Rights in Child Support Court?

In a child support case, one cannot be incarcerated if they do not have the present ability to pay.  Bowen v. Bowen, 471 So.2d 1274 (Fla. 1985).  Although this case is binding on Florida courts, the author believes that self represented individuals do not get the benefit of legal protections against incarceration or cancellation of a driver’s license or professional license.  The author believes that one reason for this is because laymen tend to believe that an administrative agency must take a neutral position (similar to a judge).  This is not the case when it comes to collection of child support by the Florida Department of Revenue.  The author, in the next paragraph is going to summarize the case of Bowen v. Bowen to give readers a clearer understanding of child support issues when the Florida Department of Revenue is involved.

The Case of Bowen v. Bowen.

It is not uncommon in a divorce case for one of the spouse’s not to want to end the marriage.  One partner may think that there is a chance of working things out and resolving their differences, or they may not want to legally dissolve the marriage for other reasons.  If your spouse has started divorce proceedings, and you really don’t want a divorce, your options may be limited but there is something you can do.  Florida is one of seventeen states that follow No-Fault laws in divorce cases.  The Petitioner only has to allege that the marriage is irretrievably broken. If you really do not want a divorce you should answer the Petition for Dissolution by alleging you do not believe the marriage is irretrievably broken.  Florida Statute §61.052(2)(b)1 allows you to request the Court to Order you and your spouse to marriage counseling.  It is rarely done and there are specific requirements that must be met.  Your Jacksonville Family Lawyer can assist you in understanding this law and representing you in Court.

In order for a spouse to utilize this statute, the parties must have a child together.  If the Court grants the request for marriage counseling, psychiatrist, priest, minister, rabbi, or any other professional the divorce will be placed on hold for approximately three months to allow the counseling to take place.  Florida Statute §61.052(2)(b)2 allows the Court to continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation.  During any period of continuance, the Court has jurisdiction to make appropriate orders for the support and alimony of the parties; a parenting plan, support, maintenance, and education of any minor children of the marriage; attorney’s fees; and the preservation of the property of the parties.  Consult your Jacksonville Family Lawyer for assistance with your case.

As previously stated, the above statute is rarely used.  This is because if one person wants to end the marriage, counseling is usually not effective.  By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.

What is Domestic Violence?

Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or household member.” F.S. 741.28.

Is Domestic Violence Criminal?

This is a question that is often asked by custodial parents.  If you live in Florida the answer is yes.  Florida has a relocation statute, and it is found at §61.13001 in the Florida Statutes.  If you have a minor child and you are divorced or no longer in a relationship with the other parent, you cannot move more than 50 miles from the current residence without obtaining permission from the other parent or consent from the Court.  This condition applies to both the custodial parent and the non-custodial parent.  Your Jacksonville family attorney can assist you in determining how you can comply with the relocation statute to enable you to move.

The statute requires that unless there is an agreement between the parties, a parent or other person with time-sharing rights seeking relocation must file a petition to relocate and serve it upon the other parent, and every other person entitled to access to or time-sharing with the child.  The pleadings must meet the following requirements:

a)  The petition to relocate must be signed under oath or affirmation under penalty of perjury and include:

What is Support without Dissolution?

Section 61.09 allows a married individual to file for support (child support and alimony) where a person does not seek a dissolution.  This statute allows a party to seek alimony or child support.  However, that party may or may not request the entry of a parenting plan.  A final judgment of support does not include distribution of marital assets.  This type of action is sometimes referred to as separate maintenance.

“If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.”  F.S. 61.09.

This Jacksonville family law attorney’s office represents parents seeking shared parental responsibility and sole parental responsibility.  In all child custody matters, the parties or the Court must determine what type of parental responsibility the parties will have.  The two types of parental responsibility are Shared Parental Responsibility and Sole Parental Responsibility.  It’s important that all parents understand the difference between the two types.  Shared Parental Responsibility means that the parties will confer with each other regarding all matters concerning the minor child that they share.  This includes such things as educational decisions, residence decisions, religious decisions, and medical decisions.  If sole parental responsibility is granted to one parent, that parent does not have to confer with the other parent about anything.  Check with your Jacksonville family law attorney about this issue before making a decision.

Most family law Courts believe that the parents should share these types of decisions and they order shared parental responsibility unless there is some good reason not to have the parents share in the decision making.  Florida statute 61.13(2)(e)(2) allows the Court to grant sole parental responsibility if the “court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm”.  An example of a good reason not to order shared parental responsibility in a case would be if one of the parents has exhibited poor decision making regarding the child in the past.  Some examples of poor decision-making would-be things like 1) failing to register your child for school or home schooling, 2) failure to provide appropriate caregivers for when you are not present and able to care for the child yourself, or 3) failure to get medical treatment for a child when it needs medical care.  Some more serious reasons for ordering sole parental responsibility are if there is a history of domestic violence, or a parent is incarcerated.  In those instances, there is a rebuttable presumption of unfitness that will arise that shifts the burden of proof to the defending party to show they are not unfit.  There may be other practical reasons to give one parent decision making powers over the other parent in certain areas.   An example would be if one of the parents is not educated and is unable to assist the child with their education, the Court might give one parent ultimate decision making in the educational area.  Contact your Jacksonville family law attorney to advocate on your behalf what is in the best interest of your child.

When reaching an agreement regarding parental responsibility, the parent should be careful not to relinquish their rights regarding this issue as it is very difficult to change the parental responsibility division once it is agreed upon or ordered by the Court.  To change anything regarding the minor children once it is established by the Court, you must show that there has been a substantial change in circumstances that makes it detrimental to the welfare of the child not to change the parental responsibility.  This is a very high burden of proof that lies somewhere between the preponderance of the evidence (or more than 50%) and beyond a reasonable doubt (or 99%).  As always, before attempting to maneuver through the legal system alone, it is advisable to consult with a family law attorney first.  Your Jacksonville family law attorney is here to advise you, guide you and advocate for you.

If Your License is suspended for Child Support Obligations, What Can You Do?

Florida law allows one’s driver’s license to be suspended when they fail to meet their support obligation.  If your license is suspended as a result of child support obligations that are not satisfied, you should understand the law.  If one truly cannot pay their obligation because they simply do not have the financial resources to do so, your license cannot be suspended, but you must act promptly.

Your License Can Be Suspended for Child Support Failures

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