In many Florida marriages, one spouse controls or has all the finances and the other spouse cannot access funds or resources to pay an attorney a retainer to hire the attorney.This not only happens in affluent areas, like Ponte Vedra Beach and upscale neighborhoods in Jacksonville, but in all communities.…
Articles Posted in Divorce / Dissolution of Marriage
What happens to a house in Florida divorce when it is underwater (i.e. the mortgage exceeds the value of the home)?
In Florida, it is quite common these days for a home to be underwater or for the mortgage to exceed the value of the home. Even homes purchased 5 years ago are underwater. In a Florida divorce, the starting point for a Judge is to divide the assets and liabilities…
How Does The Marital Debt Get Divided Between Husband and Wife in a Florida Divorce ?
In this bad economic time, the husband and wife going through a divorce worry about how the marital debt gets split up (credit cards, medical bills, mortgages, etc.). Florida Statute 61.075 gives your judge a basic guideline as to how marital debt should be divided. The Florida divorce judge has…
How are assets and money divided in a divorce in Florida ?
In Florida, marital assets divided in a divorce according to Florida Statute 61.075 How does one figure out who owns what of the marital assets? The first thing a Florida Family Law judge must do is determine what are actually marital assets. Basically, things and money acquired during the course…
What Are The Residency Requirements to File for Divorce in Florida ?
Pursuant Florida Statute 61.021, one person of the marriage has to live in Florida for at least 6 months prior to filing for a divorce/dissolution of marriage. There may be other considerations when discussing this requirement. Did you move out of the state where you were living with your spouse…
Is Your Spouse’s Retirement Fund Subject to Equitable Distribution in a Jacksonville Divorce?
Is Your Spouse’s Retirement Fund Subject to Equitable Distribution in a Jacksonville Divorce? Yes. The Florida Statutes and case law is clear that all marital property is subject to equitable distribution. In dissolution of marriage proceeding, the Jacksonville court will request a list of both parties’ assets (and liabilities). The…
Facebook Reveals Husband’s Second Marriage
Lynn France discovered through Facebook that her husband had remarried another woman. Lynn typed into the search box on Facebook the name of the woman with whom she believed her husband was having an affair with and found wedding photos of him and his new bride. The wedding photos of…
Teen Court: An Alternative to Criminal Prosecution for First Time Juvenile Offenders
Many Jacksonville Florida children will experience the stress of their parent’s divorce each year. How they will react depends on their age, personality and the circumstances surrounding the divorce process. Many times the initial reaction is one of shock, sadness, frustration, and anger. As such, it is not surprising for…
Determining the “Best Interests” of a Child in Florida Family Law Matters
Florida courts make a plethora of decisions regarding children. These decisions range from timesharing and decision making, safety and permanency planning, and proceedings for termination of parental rights. Whenever courts make such decisions, it must consider whether its decision would be in the “best interests” of the child. Most States…
5 Tips to Help Save Your Marriage from Divorce
Do you live in Jacksonville and feel like your marriage is doomed? Hopefully the answer is no, but if by chance your answer is yes, then Jeannie Goldstein has some advice for you. Listed below are five tips that Goldstein,a columnist, would offer to a friend in order to salvage…