Articles Posted in Divorce / Dissolution of Marriage

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1339588_catering_-_soup_plates.jpgWhen divorcing, dividing personal property and assets can be the most challenging part of any case. When going through a divorce it is important to remember not to sweat the small stuff because it can ruin a good agreement.

When going through a divorce it is important to remember that emotional decisions are not always the best or the best use of your time and money. Mediation is required in Florida divorces and you will have ample notice of when mediation will be. Prior to that time, it is a good idea to take stock of your personal items and what is important for you to keep. Try to think in terms of items that are important and hold value to you versus just wanting something to fight over when trying to equally divide the property.

Mediation is an opportunity to work through the issues of your case and hopefully reach an agreement. You don’t want to be at the end of your mediation having resolved the hard issues of visitation/Time-sharing and alimony only to start fitting over a set of plates.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

divorce.jpg Divorce papers, in the initial reading, can be scary and frustrating because a petition is designed to ask for everything but the kitchen sink. However, you can also file a petition of your own, asking for similar things, in the form of a counter-petition. In addition to your option of filing a counter-petition you MUST file an answer to the petition either admitting or denying each allegation within 20 days from when you were served.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

974025_dressed_dogs.jpgPet visitation is often a request I get as a Jacksonville divorce lawyer. Often, clients come in asking what will happen with their pet in the divorce and whether they can have visitation. While pets do feel like a child to many people and families, the law has not really caught-up. Florida law indicates that property is to be equally divided and that if there are children that there be a parenting and time-sharing plan; however, Florida does not provide a separate law for family pets.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

274924_my_office.jpgOwning your own business when going through divorce in Florida can be challenging. If the business started during the marriage, then it is considered a marital asset and is subject to equal division to both parties. However, some businesses are dependent of a product while others are set-up on a service provided. A business valuation should be obtained by both the husband and wife, or if you can agree then one valuation may be acceptable.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1324052_a_car.jpgAm I on the hook for an accident if my soon to be ex was driving our car? Florida law recognizes that assets such as cars and houses are jointly owned if purchased during the marriage and must be equitably divided. Though you do not have to be joint title holders of vehicles purchased during marriage, if you are both on the title then you are both on the hook for any accidents that occur in that vehicle. In Florida, an owner or owners of a vehicle are responsible for accidents that may occur while they or another, who has permission, is driving the car.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

369107_taxpapers.jpgWhich parent should claim the children as dependents on their taxes when separated or divorced? Working as a lawyer in family law matters in Jacksonville, Florida, I get this question often. If there are children involved in a divorce, then typically one parent will be responsible for paying child support and one parent will have the children the majority of the time. In essence, both parents are responsible for the expenses created for the children, so determining which parent gets to claim the children on his/her taxes comes down to the facts surrounding the case.

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In Orloff v. Orloff, 36 Fla. L. Weekly D643a (Fla. 2d. DCA Mar. 30, 2011), th Second District Court of Appeal addressed the decision making process a court must complete when determining whether a spouse is entitled to received a share of a family business started before the marriage upon divorce.

Under Florida law, a non-marital business that is started prior to marriage will not become a marital asset subject to equitable distribution solely because of the fact that the business was later reincorporated during the marriage. However, any enhancement in value of the non-marital business since the date the parties married may be considered a marital asset, subject to equitable distribution if such enhancement was due to either party’s contribution of marital labor or marital funds.

In Orloff, the husband formed a sole proprietorship before the parties were married in the late 1980s. The business was incorporated in Massachusetts and the husband was the sole stockholder. Following the marriage and relocation to Florida, the husband reincorporated his business in Florida and continued to be the company’s only stockholder.

The trial court held that the business was a marital asset subject to equitable distribution because the business was reincorporated during the marriage. However, the Second District Court of Appeal reversed this decision and determined that the business was a non-marital asset because the husband used solely non-marital assets to form the company. The court explained that, pursuant to Section 61.075(6)(b)(1), Florida statutes, non-marital assets are “[a]ssets acquired and liabilities incurred by either party prior to the marriage, and assets acquired and liabilities incurred in exchange for such assets and liabilities.” According to the Orloff court, the mere fact that the business “was reincorporated under Florida law upon the parties’ relocation to Florida” was “not material” to the determination of whether the husband’s business was a marital asset subject to equitable distribution.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1035694_wedding_rings_and_money.jpgFlorida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

68948_law_series_4.jpgSeeking an annulment in Florida requires your facts to match those prongs necessary in Florida annulment law, based on cases and not Statute. Annulments are difficult to get due to the fact that they dissolve the marriage as if it never occurred. Florida annulments require proving that the marriage was void due to certain circumstances such as bigamy or is voidable, for example that the marriage was entered into based on the fraud of another.

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Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

1132671_problematic.jpgFlorida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

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