Articles Posted in Marriage

Family law can be expensive, both emotionally and financially. When clients come to see a family law attorney, rarely are they happy or in a good frame of mind. With this in mind, here are a few things that are often said to family law attorneys, that in hindsight, were better left unsaid:

1. “I don’t care what it costs, I would rather give you everything than give my wife/husband anything.”

No matter what you pay your family law attorney, you are going to give something to your spouse when the marriage is over. You may want revenge but that rarely happens in a divorce. Things said when you are angry will later be taken back, especially when the client receives my final bill for their act of “revenge.” Wouldn’t you rather spend your money on your children’s education than on legal fees?

During the holidays, the stress level for many Florida families inevitably goes up. With the much of Florida still stuck in the 2009 recession, unemployment still very high and the foreclosure rate in and around Jacksonville still at record levels, when family problems creep into the picture, stress can go through the roof. Add a separation or dissolution of marriage to the picture and the situation can seem unbearable.

Competing parents can make this unseeingly unbearable situation far worse by fighting over sharing time with their children. But a wise parent, with their eye on the long term will add perspective to their thought process. How do you add that perspective? By remembering two things. First, just because the holidays do not seem like a joyous time right now, does not mean that your children feel the same way. Find ways to hide this stress from your children. Don’t make them associate the holidays with economic and marital stress.

Second, instead of fighting with the competing parent, why not talk things through? Most parents don’t want their children to go through the stress of a divorce and when both parents share that attitude, the stress of sharing time with their children decreases with the level of cooperation.

Some creative Boca Raton residents are using social media pressure to get one woman’s husband to sign their divorce papers. A Jewish woman has found out the hard way that her husband is not willing to grant her a Jewish divorce. Although she has received a civil divorce, Jewish divorce laws require that the husband sign a Get, a Jewish divorce decree, which would allow his ex-wife to remarry.

Yomin Postelnik and Leah Postelnik went through a tumultuous divorce and Yomin refused to grant his wife a Get, even though a host of rabbinical courts handed down orders for him to sign the document. A rabbi in Boca Raton heard about the case and mounted a social media campaign against Yomin to pressure him into signing the document. He urged several in the South Florida Jewish community to blackball Yomin until he granted Leah the divorce.

The Postelnik’s are not the only Jewish couple going through a divorce and who have experienced social media pressure. Tara Epstein and Aharon Friedman had a similar experience to the Poselniks. Friedman refused to grant Epstien a religious divorce. The social media campaign against Friedman was so aggressive that some were even demanding that he be fired from his job with United States Representative Dave Champ, R-Mich.

Common law marriage, often referred to as sui juris marriage, is only recognized in twelve states; Alabama, Colorado, Kansas, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, New Hampshire, Texas, and Utah. The District of Columbia also recognizes common law marriages. However, you will notice, Florida is not among those states.

Florida Statute 741.211 reads as follows, “No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”

Although Florida does not have common law marriage, there are instances when Florida will recognize common law marriages that occurred out of state. Contact an Orange Park Family Law Attorney with Law Office of David M. Goldman for more information on this and other family law issues.

cohabitat.jpgImagine you are offered a credit card with fantastic terms: zero percent interest for the first 12 months and no foreseeable strings attached. You need a line of credit, so you sign up and promptly fall behind on your payments. After the first year, you have a fair amount yet to be paid. The credit card company informs you that your first year interest rate is expiring; the new rate is 23%. That’s higher than a lot of other cards but, if you’re like many people, you simply stay with the card because getting a new one with a lower limit is just too much work. You’ve made the commitment; you’re stuck with it.

This is the analogy being drawn by experts studying what they refer to as the “sliding, not deciding” effect of relationship development. Many young couples are now moving in with each other to sort of “test the waters” before marriage. Many of them find out, however, that their cohabitation becomes something very difficult to get out of — more difficult than they realized — and marriage just sort of happens based on their mutual desire to keep things the way they are. Instead of actually committing to the marriage, these couples simply slide right into it.

Unfortunately, many of these couples do not communicate their full intent prior to cohabitating. As we’ve blogged about in the past, lack of communication is never a good thing. While dating, these couples spend more and more time with each other until they simply get married. What might’ve been a relationship that would’ve otherwise lasted only a few months turns into marriage simply because both parties are too invested in their living situation to try anything else.

drew.jpgSince I just wrote about the top ten most expensive celebrity divorces, I figured why not go ahead and write about the shortest celebrity marriages. This topic may not have that much to do with my job as a Fleming Island Family Law Attorney, but it is interesting nonetheless. See the list as follows:

Actress Drew Barrymore married comedian Tom Green on July 4, 2001. Less than six months (166 days) later, Green filed for divorce.

“One Tree Hill” actors Chad Michael Murray and Sophia Bush were married on April 16, 2005 and separated five months later, merely 163 days after they said their vows.

prenup.jpgLeBron James and his high school sweetheart and mother of his two children, Savannah Brinson, are officially engaged. News agencies are reporting James popped the question on New Years Eve at the Shelborne Hotel in Miami, Florida. The happy news comes after a long courtship of sixteen years.

I hope the best for the couple and wish them a lifetime of happiness together. However, I can’t help but hope James’s legal team is on top of making sure a prenuptial agreement is in place in case of an unfortunate divorce. You can never be too cautious. Prenuptial agreements are all too important for the rich and famous and really anyone looking to protect assets in a divorce.

In Jacksonville Beach and all of Florida, premarital agreements are governed by Florida Statute 61.079. This statute is often referred to as the “Uniform Premarital Agreement Act”. Under this act a premarital agreement is defined as, “an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage”.

common law.jpgCommon law marriage, often referred to as sui juris marriage, is only recognized in twelve states; Alabama, Colorado, Kansas, Pennsylvania, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, New Hampshire, Texas, and Utah. The District of Columbia also recognizes common law marriages. However, you will notice, Florida is not among those states.

Florida Statute 741.211 reads as follows, “No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.”

Although Florida does not have common law marriage, there are instances when Florida will recognize common law marriages that occurred out of state. Contact Law Office of David M. Goldman for more information on this and other family law issues.

marriage license.jpgThe state of Florida has changed its view on common law marriage in 1967 to not allowing it. As a Florida family law attorney, I get many questions from people who have resided together as husband and wife who have never been officially married. Florida will only recognize this type of marriage if it was formed in another jurisdiction that does allow this type of marriage. In a recent case, a couple had lived as husband and wife in another country without ever having been officially married. The Florida court had to follow the laws governing marriage in the foreign country, which allowed the couple to enter into a common law marriage. If you are from a foreign jurisdiction (either another country or another U.S. state), and your “husband” or “wife” has been in an accident, it may be pressing to get a Florida court to determine that you have some marital rights. If you have a situation where you require a determination of marriage, please contact a Jacksonville family law lawyer.

premarital agreement.jpgPremarital agreements in Florida are an important tool if you wish to keep your assets private during a marriage. While such agreements may never come into play if the marriage lasts, they can be incredibly important in the event of a divorce in Florida. Florida is one of the many states that allows premarital agreements. The agreement must be voluntary as it will not be considered enforceable if it was entered into due to fraud, duress, coercion, or overreaching. Additionally, the agreement must not be unconscionable. These are all issues that are decided by the court in the event the agreement is challenged. In fact, such agreements are challenged and often! If you are thinking about utilizing a premarital agreement in Florida in your marriage, or you wish to challenge a premarital agreement that you’ve already entered into, contact a Florida Family Law Attorney today.

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