Jacksonville Divorce Attorney Blog

July 18, 2011

Morality Clause in a Divorce

Morality clauses used to be popular in the South. These clauses were included in a Judge’s divorce order and usually required one or both of the divorcing parents to take some action (or refrain from taking some action). For example, a common morality clause was to require that a woman not have any male overnight guests unless that person was a direct relative or married to the woman.

Nowadays, these clauses are less common and extremely difficult to enforce. While you and your former spouse may agree to include such a clause, the court will not likely enforce it. If your divorce had a morality clause and you are trying to gain custody of your child because your former spouse violated the terms of the clause, the court will not likely enforce the clause based simply on the fact that the other party violated its terms. Instead the court will focus on whether or not the child was actually harmed by the overnight guest (or any other violation of the clause).

Courts have stated that they consider the child’s (or children’s) welfare more than anything else in a custody proceeding. So, if you cannot show that your former spouse is endangering your child’s welfare, the court will not likely uphold a morality clause.

July 15, 2011

Divorce on Rise in Florida

by David M. Goldman

A recent study suggests that video games are increasingly being blamed for many divorce cases. Apparently, 15% of wives who cite unreasonable behavior for ending marriage have cited gaming as the cause.

This number is much higher than five years ago. One of the games cited by Divorce Online (the website responsible for the study) is the ever-popular World of Warcraft. One woman claimed her husband played over eight hours every day. It should be noted that not just men are gaming addicts; another study suggests that women represent 40% of all gamers.

Similarly, a smaller study by a University in Egypt suggested that husbands who love watching football (AKA soccer) showed higher divorce rates than those who did not. This suggests that sports fans in general may be at higher risk for divorce; however, the study was limited in size. Further, the study focused on extreme fans who do not appear to exhibit behavior similar to their American counterparts.

July 13, 2011

Child Custody in Florida Divorce Cases

by David M. Goldman

You’ve probably heard the concept of “joint custody” in divorce cases. You might think this means that parents share custody of their children equally, with each parent having custody time similar to equal to the other parent. There’s a problem with this idea, however: “joint custody” does not exist in Florida law.

Instead, Florida law has the concept of “shared parenting” — and even this is not exactly what it sounds like. In every divorce case involving children, a judge must issue two separate but similar-sounding orders: one is a “parental responsibility” order and the other is a “time-sharing schedule”. The time-sharing schedule is exactly that: a schedule of the times each parent will have custody over the child or children. A parental responsibility order, however, outlines the parents’ rights and responsibilities.

The differences can be confusing because, under Florida statutes, the parental responsibility order is included in a “parenting plan”. Under this plan, the judge can grant one of three different options: (1) sole parental responsibility, (2) shared parental responsibility, and (3) shared parental responsibility with ultimate responsibility to one parent.

July 8, 2011

Jacksonville Florida Parental Rights Attorney

by David M. Goldman

If you are parent of a teenage girl in Florida, I am sure you have seen the show 16 and Pregnant, documenting the tribulations of teenage pregnancy. Some of these teens contemplate abortion. It is important to know that in Florida the parents of a teen who is pregnant have rights when it comes to the abortion of their soon to be grandchild.

The Florida legislature recently passed a bill that will go into effect on October 1, 2011, giving more rights to these parents during the occurrence of their minor daughter’s abortion. One of the rights in this bill is the right to be notified. A physician administering the abortion must give the parents of a minor “constructive” notice by way of first-class mail AND by certified mail.

Please contact a Jacksonville Family Law attorney or a Parental Rights lawyer online for more information on this issue.

July 7, 2011

Adultery’s Impact on Florida Divorce

by David M. Goldman

Florida is a “no fault” divorce state, meaning 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, 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.

July 6, 2011

Divorce and Alimony

by David M. Goldman

When deciding whether to grant alimony in a divorce case, Courts consider many factors, including the length of the marriage, the spouses’ employment prospects, the age of each party, their standard of living, their marital contributions, their available income and assets, and the fairness of the situation.

Generally, the shorter you’ve been married, the less likely you will be awarded alimony. Similarly, age is important. If one of the spouses is about to retire, alimony might be more likely.

Courts also consider marital contributions. You might complain that your spouse watched TV all day for twelve years while you worked fifty hours a week. You might think this means your spouse should not be entitled to alimony; however, the court will likely not consider this in granting alimony. Similarly, if your spouse ran up huge credit card debt, he or she may still be entitled to alimony. The court might look more favorably to you, however, if those debts were ran up without your knowledge.

July 4, 2011

New Laws Change Parenting Plans for Military Service Members

by David M. Goldman

Under current law, if parents of a child are living apart, the parents have to create a parenting plan that must also be approved by the court. The plan generally must outline the parents’ responsibilities and time-sharing rules. If a parent wishes to change the plan, the parent must generally show a “substantial, material, and unanticipated change” in the circumstances that require a modification. Further, the modification must be in the best interests of the child.

There has historically been an exception if a parent is deployed in the military. If a parent is unable to adhere to a parenting plan because of military service, courts have generally been unable to modify the plan except to enter a temporary modification. Under the new law, deployment cannot be the sole factor in the court’s decision to grant a modification of a permanent plan.

This gives more protection for parents who are in the service and are worries their parenting plans might be altered while deployed or otherwise unable to meet the plan. While it’s not impossible for a court to alter a plan, it cannot alter the plan based solely on that parent’s deployment.

July 3, 2011

Florida Child Support with Changing Circumstances

by David M. Goldman

As a practicing Florida Child Support Attorney, I have seen one party to the original divorce in Florida have an increase in assets. Usually this sort of increase does not happen all at once, it can sometimes take years. A competent Child Support Lawyer in Florida should know that Florida courts determine the financial status of each parent before deciding which party should pay and in what amount.

The increase in wages one party earns is one example of a “changed circumstance” in which the court can reevaluate a child support award. The court calculates this on a month to month basis. By doing a month to month calculation, a court can see which income that party receives every month. However, the court will generally not included amounts that are non-reoccurring.

If you think that either you or your ex-spouse has had some “changed circumstance” that would affect a court’s decision about the amount of child support to be paid, you should speak with a Florida Child Support Attorney who will be knowledgeable about how you should proceed.

July 2, 2011

Florida Elder Protection: The Baker Act In Florida

by David M. Goldman

As a Florida Family Law Attorney, I am often asked what the family members of a mentally incompetent elder can do when he or she refuses to seek treatment. While Florida law encourages people with mental illnesses to seek treatment voluntarily, it also recognizes that some people with a mental illness may need to be involuntarily admitted for evaluation and treatment.

The Florida Mental Health Act (“Baker Act”) is the procedure for providing persons with emergency psychiatric services and temporary detention for mental health evaluation and treatment. A Baker Act in Florida is issued to mentally ill persons who are likely to suffer self-neglect or inflict harm to themselves or others.

For an involuntary Baker Act proceeding in Florida, a law enforcement officer may take persons who appear to be mentally ill and who likely pose a danger to themselves or others into custody and deliver them to the nearest receiving facility for examination. A receiving facility must ensure that a person receive services in the least restrictive setting and in the least intrusive manner. Under the Baker Act, a person may not be held for more than 72 hours.

July 1, 2011

Florida Guardianship for the Elderly

by David M. Goldman

As a family law attorney in Jacksonville, Florida, I regularly deal with issues involving the elderly. Late in life, some elderly men and women become unable to manage their personal affairs. When persons become incapacitated and unable to take proper care of themselves or their property, a Florida Guardianship attorney may be necessary to start the guardianship process.

In general, a Guardianship in Florida is the management of the affairs of someone who has been deemed by the court incompetent and unable to make decisions for themselves. The court gives the right to make decisions about the impaired individual (the Ward) to another person or entity (the Guardian).

The role of a Guardian in Florida can be highly complex, involving legal, social, financial, and psychological dimensions. In Florida, a family member Guardian is often required to hire a Florida family law attorney, provide detailed personal information, undergo a credit check, post a fiduciary’s bond, attend an 8-hour training course, and file detailed financial reports annually with the court.