As a Jacksonville Divorce Attorney I am all to familiar with the topics discussed in Georgialee Lang’s article, 5 Support Arguments That Don’t Matter in Divorce Court. In the article, Ms. Lang lists and describes what she deems to be the five most common complaints in divorce cases. Ms. Lang lists the complaints as follows:
(1) My wife left me to move in with her boyfriend, why do I have to pay her spousal support?
(2) My ex spouse has remarried, why do I still have to pay spousal support?
This does not have any real effect on Jacksonville, Florida, but it goes to show how politics and lack of funds can severely limit law enforcement with regard to harmful criminal acts. For the past 25 years, the county has prosecuted the city’s misdemeanors. After a 10% budget cut, however, county officials said they would no longer prosecute those crimes, saying the city should pick up the tab. The city, however, says it does not have any money. Further, the city points out that its attorneys don’t have any experience prosecuting the matters because the county has done it for the past 25 years.
The fight has been going on for a month. During that time, the city’s misdemeanors — including some charges of domestic battery — have gone largely unpunished. The city is hoping the county continues prosecuting these crimes, but it’s unclear when the issue will be resolved.
Domestic violence is a serious issue for both men and women. The act itself is a crime, but there are other personal and legal issues that come with domestic violence. Domestic violence is a serious issue and if you or someone you know is in a violent relationship, contact local authorities.
Let’s say you and your ex divorced several years ago. It was somewhat contentious but the two of you try to maintain some contact because you have children. As part of your divorce, your spouse retained custody of the kids and you have to pay $500 a month in child support. But after a while you got a different job and could no longer afford the $500 a month. You spoke with your ex and she agreed to accept $300 a month instead. You have been paying the $300 a month like clockwork for the past 20 months, but now your ex says you owe her the difference — $4000. Do you have to pay?
Unfortunately, you may have to. You and your wife may have made an oral agreement, but the court might not give that agreement any effect because the only agreement on record is the one that said you pay $500 a month. That oral agreement — though made with the best of intentions — could end up costing you thousands of dollars.
Instead, you should attempt to modify your custody arrangement in court. This can be done, and is easier when your spouse agrees to the change. Speak with a Jacksonville Family Law Attorney to discuss your options.
Florida is a “no fault” divorce state. This means that either spouse may seek a divorce without showing cause for the desired separation. The spouse seeking a divorce has the option to simply claim the marriage is “irretrievably broken.” Generally, Jacksonville Florida courts are not concerned with which party played the greater role in causing the divorce.
As a Jacksonville Divorce Attorney, I am often asked how a cheating spouse factors into a divorce in Florida. While adulterous conduct does not factor into the court’s decision to grant a divorce, it can impact other important issues raised in a divorce.
In child custody battles, a court considers the “moral fitness” of a parent seeking custody. Evidence of adulterous conduct can lower a party’s level of “moral fitness,” and decrease his or her chances of receiving custody. However, it is not an absolute bar to child custody. Often times, a larger impact will be whether the adultery had an adverse impact on the child.
As a Jacksonville Child Custody Lawyer I know all to well that custody disputes can get very volatile. Unfortunately, one custody dispute in Southern California turned deadly this past Wednesday.
Reports have come out that 42-year-old Scott Evans De Kraai of Huntington Beach, California allegedly opened fire at the salon his ex-Wife worked, ultimately killing eight people including is ex-Wife.
Orange County court records show that Mr. De Kraai and his ex-Wife, Michelle De Kraai, were involved in child custody dispute and a child custody evaluator was recently appointed by the court in April.
A few weeks ago, Evangelical host of the 700 Club Pat Robertson made waves when he suggested that Alzheimer’s is a type of death and it would therefore be permissible to divorce someone suffering the disease. Many people in both medical and religious groups took offense to Mr. Robertson’s statement, but what about the legal aspects? Would the courts even grant such a divorce?
In Florida, there are two general grounds for divorce: the marriage is “irretrievably broken” and mental incapacity. A divorce based on mental incapacity would likely not be granted by claiming mental incapacity, as that requires the other spouse to have been adjudged incapacitated for the past three years.
The only available option seems to be asking the court for a divorce based on the marriage being “irretrievably broken” — but since the other spouse is incapacitated, he or she would likely require a guardian. A judge might not be lenient in granting a divorce in such a situation, but it appears to be possible. It is certainly an interesting issue. If you or someone you know has been served with divorce, make sure you have a Florida Family Law Attorney helping you get through this difficult situation.
Most of us think of marriage as lasting “till death do us part”, but high divorce rates are making that sentiment less of a reality. Facing a high divorce rate, legislators in Mexico City have made waves recently by proposing legislation that limits the marriage commitment to two years, as many divorces occur within those first two years.
The bill is not yet law and still needs to address issues such as child support and estate planning. Nevertheless, proponents argue it will save money and time by allowing couples to choose a two-year marriage if they’d like. Of course, the bill has been met with plenty of opposition from Mexico’s conservative groups. These groups claim the bill ignores fundamental aspects of marriage, which should be a lifetime commitment.
Nevertheless, this bill is an interesting method for solving rising divorce rates. It’s unlikely that such bills will be proposed–let alone passed–in the US anytime soon. However, if you are going through a divorce, contact a Florida Family Law Attorney today.
You may have heard the sad but interesting story about a Jacksonville woman, Jessica Rivera, who has been charged with the death of her 13-year-old daughter after the young girl was found malnourished and covered with lice back in June. The girl was originally found unresponsive. Coroners stated the cause of her death was due to organ failure, caused by a massive infection.
Unfortunately, Ms. Rivera had three other children. The good news is that all three of her children were removed from their deplorable condition and are now under the state’s custody.
One interesting aspect of Ms. Rivera’s case is how the state has the ability to remove her children from the home. Ms. Rivera’s case is extreme and it appears the state was within reason when it removed her children, but that’s not always the case. Generally, courts will terminate parental rights only in extreme situations where the bets interest of the child is not in his or her parental home. There is usually a hearing involved, but court proceedings can be confusing and overwhelming, especially in such harrowing circumstances. If you are wrongfully facing the loss of your parental rights, contact a Florida Family Law Attorney to discuss your options.
Hubbard House was the first domestic violence center to open in the state of Florida. To date, the center has been critical in helping thousands of domestic violence victims – be it man, woman, or child. The center is celebrating its 35-year anniversary since opening the doors in 1976. Hubbard House has been integral in creating the significant number of options a victim of domestic violence has today compared to what was available prior to 1976.
Hubbard House doesn’t just provide an emergency shelter. The House provides adult and youth outreach services, school-based education, therapeutic childcare, batterers intervention programs, court advocacy and volunteer and community education. So Thank You, Hubbard House, for all that you do for Northeast Florida!
Remember that if you or anyone you love is ever in the unfortunate situation of dealing with domestic abuse, referring that individual to Hubbard House could be a life or death move. 10 people on average per year in Jacksonville are killed as a result of unreported domestic abuse, far too many in the eyes of the Hubbard House.
This story that came up in the Florida Times Union last week presents a great example of why no one should underestimate a threat. That’s not to say overreact to every threat; but when a threat gets to a dangerous level, especially where there are questions about the aggressors mental state, it is time to take some action.
On Sunday, September 25, a 96-year-old St. Augustine woman was charged with the murder of her nephew – who, by the facts, feared her. The story told of an aunt that moved in because there was no one else to care for her. All seemed pleasant, but at the drop of a hat the aunt would grow unpleasant. She threatened to kill her nephew and his wife on multiple occasions, and even told them she had a gun. But, because of her age and the fact that the nephew didn’t know of any gun, the threats appeared
unsubstantial.
