Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Holiday Visitation can be challenging when going through a divorce and sometimes even after the divorce is over. Emotions are often heightened during a holiday so rational negotiations can be a challenge. If necessary, you may seek help from a third party such as a mediator or lawyer to reach an amicable resolution.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida alimony laws have been scrutinized over the years because we do not have an alimony calculation, but simply calculate alimony based on factors of marriage duration; contribution to the marriage; marital lifestyle; etc. In addition, the type of alimony to be awarded has not been constant and there can reasons for providing permanent alimony to a short-term marriage and short-term alimony to a long-term marriage. These factors combined with a theoretical number based on marital assets; debts; and other lifestyle contributors has made alimony payors afraid of the term alimony.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony in Florida can be defined as a spousal support established to help keep both parties in the same lifestyle to which they were accustomed during the marriage. Alimony has been established for individuals that are divorcing that have a lack of ability to earn income based on their contributions to the marriage. The idea is that the spouse that has put his/her career on hold will be financially harmed by the divorce due to lack of income, job experience and the like. Permanent alimony is designed to help keep the status quo the marriage for the parties.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
In Florida, divorces involving alimony have gone through significant changes in the last couple of years. In 2010 the Florida law changed to include definitions of short-term marriages as anything less than seven years; moderate-term marriages are those that last 7 – 17 years and long-term marriages are those lasing over 17 years.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Alimony in Florida has changed in the last couple of years. In 2011, the alimony law has been changed and will take effect on July 1, 2011 regarding all pending divorce cases and any new modifications of old divorce cases. However, the alimony changes to the law cannot be used to modify an old order.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida divorce laws regarding alimony have changed in the last two years. Alimony, as late as 2009, basically held that there were short-term, the gray area and long-term marriages for purposes of determining the amount of alimony and how long it would be paid. In 2010, the Florida legislature provided a new standard for determining what these terms of art actually mean. For instance, Florida Statute 61.08(4) defines marriages as short-term (0-7 years, moderate-term (7-17 years) and long-term (over 17 years).
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Text messaging has replaced phone calls for many people, especially those going through a bitter divorce. When text messaging shows communications that may help a court better understand a situation or issue surrounding the divorce, a Florida court may allow such communication. As a family law attorney in Jacksonville, Florida, I have had to use text messaging to prove that my client has been harassed or that the other party has threatened harm on the children. The text messages must be proven to the court to have come from the parties. What typically is shown are the phone messages, in the phone and a hard copy produced as almost a screen shot. It is important to establish certain criteria to have the text message entered as evidence to the court for proof of origin and content. Simply writing the text messages will most likely not be allowed in court since there is a higher chance of error in copying.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Florida requires parents going through a divorce or paternity case to keep their children in the front of the issues. North Florida courts require that parents complete a course sponsored by the Department of Children and Families that teaches parents about issues regarding a split home and the effects it may have on the children. The course in Jacksonville Florida is called, “Children First in Divorce.”
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
Using emails in your divorce or paternity case can be challenging. As a family law attorney in Jacksonville, Florida, I often have clients come in with emails that they want me to introduce to the court. However, simply because it exists does not mean that the email can be provided to the court to establish your case. Divorce and paternity cases often lead to the parties communicating through email so the emails often have information that is emotionally charged for both parties.
Written By: Lenorae C. Atter, Attorney
Wood, Atter & Wolf, P.A.
In your Florida divorce or paternity case, the court allows the use of instant messaging (IM). Often, couples couples communicate through the internet using instant messaging (IM) and then wonder if their conversation can be used against the the other party in a divorce or paternity case. The court does allow the use of this communication, but it is difficult to get it admitted to court unless it can be shown to be a true copy of the conversation.
Jacksonville Divorce Lawyer Blog