Jacksonville Divorce Attorney Blog

December 6, 2011

12 Laws of Christmas – Day 1 Create a Will for $25

Have you been in need of a Florida Will or have a family member that is in need of a new Will? Have you considered using an online service but been afraid of what you might create or what mistakes you may make? Now, you can have a lawyer create a will for only $25. This is not a will that you would find at staples or in a form book, but a fully customizable will based on your needs and desires.

The Law Office of David M. Goldman has decided to do 12 great specials for our new and existing clients. Most of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

November 30, 2011

Obese Children and Parental Rights

by David M. Goldman

The debate over parental rights and obese children has reared its head again. CBS News is reporting an 8-year-old Ohio boy was recently placed in foster care because his parents medically neglected him. Reports are suggesting the boy weighs more than 200 pounds, whereas, government growth charts suggests most 8-year-old boys weigh approximately 60 pounds.

County case workers allege they had been working with the mother for 20 months without any noticeable improvement in the child’s health.

This case begs the question of when should the state step in and intrude on parental rights.

November 29, 2011

Florida Alimony and Alimony Factors

by David M. Goldman

As a Family Law Attorney in the Jacksonville Beach area I am consistently asked how the courts calculate alimony. This is often a difficult question to answer.

In Jacksonville Florida there is no basic calculation system that the courts follow; instead, there are factors that are taken into consideration when determining whether to award and how much to award in alimony.

These factors include:

November 25, 2011

Domestic Violence: The Lautenberg Amendment

by David M. Goldman

In 1996 the 104th United States Congress enacted an act commonly referred to as the Lautenberg Amendment. The Lautenberg Amendment bans shipment, transport, ownership and use of guns or ammunition by individuals convicted of misdemeanor domestic violence, or who are under a restraining order (injunction) for domestic abuse.

As a Jacksonville Family Law Lawyer, I see, all too often, individuals going into injunction court unrepresented because they feel as though an injunction is not a “big deal.” These individuals usually consent to having an injunction placed against them or unsuccessfully argue to a Judge why placement of an injunction would be improper. These individuals do not consider the potentially serious ramifications.

Because of the Lautenberg Amendment if an individual is under a current injunction and is found to possess a firearm or ammunition they can be charged with a federal offense. Further, because of the Lautenberg Amendment, any individual who has been convicted of a misdemeanor domestic violence charge can no longer own a firearm or ammunition. Certain exceptions may apply, such as; if the conviction has been expunged, set aside, pardoned or the individual has had their gun rights restored.

November 24, 2011

What Not to Do In Divorce Court

by David M. Goldman

Family law attorney, Edra J. Pollin, recently wrote an article on www.huffintonpost.com titled, “My Top Ten List Of What Not To Do In Divorce Court.” Ms. Pollin suggests that judicial determinations are often based on factors other than legal argument and evidence. Particularly, Ms. Pollin suggests judges often look to the way parties behave while in the court room. As a Jacksonville Family Law Lawyer, I could not agree more.

The following list consists of what NOT to do while in front of a judge.

(1) Do not roll your eyes, mutter under your breath or otherwise gesticulate when your spouse is testifying.

November 23, 2011

Domestic Violence Injunctions & Gun Rights

by David M. Goldman

Domestic violence is a serious issue, and you should speak with the proper authorities 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.

These court orders have more implications than many people realize, and they can be very costly for those who need to use a firearm in their work. In fact, current federal law prevents the ownership of guns or ammunition by individuals who are under a restraining order for domestic abuse.

Further, the act makes it illegal to knowingly sell or give a gun or ammunition to people under a restraining order for domestic violence. So, if you own a gun or ammunition but have a protective order filed against you, you are likely in possession of that gun illegally.

November 22, 2011

Retroactive Child Support

by David M. Goldman

It’s not uncommon for parents to decide to part ways and raise their children separately. Some parents are able to work things out without going to court, but oftentimes the court needs to step in and help determine each parent’s rights.

Child support payments are often contested in these situations. Your former spouse may think you owe more than you think you do. If you go to court, you may find the court is on your side. If the court orders child support payments, however, you may find yourself owing more than you originally thought.

In fact, in paternity actions, dissolution of marriages, or petitions for support during marriage, the court has the discretion to award child support retroactive to the date when the parents did not reside together. The court can order payments from up to 24 months in the past.

November 21, 2011

Uncontested Divorce? Do they Exist

by David M. Goldman

Many divorces in Florida begin as “uncontested,” meaning both parties agree that divorce is appropriate and they want to work out an agreement and get the whole situation behind them as soon as possible.

A Jacksonville Divorce Attorney can help you through this process. In order to file an uncontested divorce, at least one party must be a resident of Florida for at least 180 days (6 months) prior to filing. If the parties remain agreeable, the judge can sign off an agreement within as few as 20 days of filing the initial divorce petition.

In the ideal world, both parties will get what they want and the divorce will be granted relatively quickly. But unfortunately, uncontested divorce does not always work out that way. Parties often find they disagree about important aspects of the divorce. Whether it’s a fight over the house, the kids, the car, or the dog, obtaining an uncontested divorce is often not as simple as the parties would like.

November 16, 2011

Same-Sex Couples Adopting Around the Country

by David M. Goldman

Lawyers representing same-sex couples wanting to adopt in Maryland file in the favored jurisdiction of Baltimore City Circuit Court. Although more and more Maryland circuit courts are granting adoptions to same-sex couples, lawyers who focus their practice on gay families will recommend filing in a friendly jurisdiction. Read more on this article at Baltimore Court: A magnet for Same-Sex Parents.

The topic of civil rights for gay individuals and families have sparked debates throughout the country, as in Maryland, where the General Assembly is expected to take up same-sex marriage again next year; and in Florida, where an appeals court struck down a ban on gay adoptions last year.

Conservative groups nationwide have criticized judicial activism contending that children should be raised in families with a mother and father. But gay and lesbian advocates point to the medical community. The American Psychological Association disputes the claim that children are more successful when raised by heterosexual parents. The American Medical Association also supports adoption by same-sex couples.

November 15, 2011

What is a Restraining Order

by David M. Goldman

A few days ago I wrote about the Texas Family Law Judge, William Adams, being caught on video beating his daughter. The video showed Judge Adams beating his then 16 year-old daughter, Hilary Adams with a belt. The video has caught the attention of news agencies across the country and has outrage the public at large.

Since the video has been released Judge Adams has been served with a restraining order that temporarily terminates his visitation with his younger daughter. Judge Adam’s, ex-wife, Hallie Adams is reported to fear that her daughter is not safe spending time with Judge Adams right now.

A hearing has been scheduled for November 21st to determine whether Judge Adam’s visitation with his younger daughter should continue to be denied or should be supervised by a third party.