Divorce / Dissolution of Marriage

June 11, 2010

Florida Divorce Law: Understanding the Different Types of Child Custody

As a Florida divorce attorney, I find that many of my clients are unaware of the different types of child custody that can be considered as part of a Florida divorce settlement.

In a Florida divorce action that involves minor children, there are four different kinds of child custody to be considered:

Legal Custody – Legal custody means you have both the right and the obligation to make important decisions about your child. This includes education, religion and medical care. In many cases, both parents are awarded legal custody of minor children and share the decision-making responsibility. If joint legal custody is awarded and one parent continually excludes the other from decisions about the child, that parent can be taken back to court for enforcement of the joint legal custody order.

June 10, 2010

Is Divorce Mediation a Good Idea for You?

By Erlinger Family Law

Florida divorce mediation is becoming increasingly popular because of its many benefits, including the fact that it takes less of a toll on a divorcing couple’s finances and emotions. But how do you know if divorce mediation will work in your particular case?

Years of experience as a Florida divorce lawyer has taught me that a couple may be a good candidate for divorce mediation if:

Both spouses want a divorce – if the decision to divorce had been made mutually, it is usually easier for a couple to successfully work together in mediation.

June 8, 2010

Divorce Shines a Spotlight on Hidden Assets

By Erlinger Family Law

When couples decide to divorce – especially when the split is acrimonious – it is not uncommon for one or both to accuse the other of hiding assets. Certainly it is not unheard of for one spouse, anticipating an eventual divorce, to actively hide assets from the other in an effort to come out of the divorce with more financial benefits.

There are a number of common ways that a spouse may hide assets including:

• Hiding cash

June 7, 2010

Florida Divorce: Do You Need a Lawyer for Divorce Mediation?

By Erlinger Family Law

If you are considering getting a divorce in Florida and using mediation, you may be wondering if you need an attorney. Legally, the answer is no. But if you’re smart, your answer is yes, you do need an attorney – as an advisor more than an advocate.

Before you begin your Florida divorce mediation, you should consult with a lawyer to be sure you are well educated on your legal rights and the mediation process. A Florida divorce lawyer with mediation experience can:

Explain your options – a mediation lawyer can help you with the mediation process, explain your options, help you find a mediator and help you persuade your spouse to use mediation if necessary.

June 4, 2010

Divorcing Later in Life? Things You Should Consider in Florida Divorce

By Erlinger Family Law

Divorce-broken%20heart.jpg The news that Al and Tipper Gore are divorcing after 40 years of marriage highlights some important considerations for those who divorce later in life. While the reasons for divorce may be the same as younger couples, the implications can be far different when it comes to dividing assets.

It is generally true that the older the couple, the more assets there are to divide. Florida is an equitable division state, which means that each spouse owns the property and income earned during the marriage. However, ownership is not the sole deciding factor when dividing property in a Florida divorce. A judge will usually assume that the property is to be divided fairly – and that doesn’t always mean equally.

Who gets the house takes on added meaning when a divorcing couple is older. The benefits for older people owning a home include tax exemptions and benefits, reverse mortgage eligibility and access to equity.

June 2, 2010

Alimony is Inevitable: Florida Divorce Myths and the Truth Behind Them

By Erlinger Family Law

Florida divorces do not mean alimony payments. Myths can be cruel to the outside world that is interested in pursuing a divorce. In Florida, there is no such thing as alimony being a certain. Myths such as the following list are created as scare tactics and used to create fear, fear would be having to pay alimony no matter what, fear would also be that you are not entitled to alimony, which is also dependent on Florida divorce law.

1. Is counseling needed before you can get divorced.

2. It matters if I or my spouse had an affair.

June 1, 2010

Cheating Matters: Florida Divorce Myths

By Erlinger Family Law

Affairs during the marriage matter in a Florida divorce, another common myth tackled by a Jacksonville divorce lawyer. Yesterday, the counseling myth in divorces was discussed. Today, the myth that the affair will bring justice to the innocent spouse will be tackled. This week we will be focusing on the following myths and discuss the truth behind the myths:

1. Is counseling needed before you can get divorced.

2. It matters if I or my spouse had an affair.

May 31, 2010

Florida Divorce Common Myth of Counseling

By Erlinger Family Law

Florida divorce myths and realities can be difficult to separate when emotions are involved. This week on this blog we will be looking into them and what the truth is behind the myth. The myths we most commonly hear as divorce lawyers are the following:

1. Divorce counseling is needed before you can get divorced.

2. It matters if I or my spouse had an affair.

May 22, 2010

The Cost of a Florida Divorce

By Erlinger Family Law

Shopping for a Jacksonville divorce attorney can be challenging. The first concern people often have is the price of a family law attorney. However, the legal ramifications of a divorce are just as important, if not more so, than those that involve actually getting married. So, why do we choose to spend thousands of dollars on a wedding dress, but want to count pennies on the divorce?

First, you should know that the cost of your divorce is determined by the complexity of your case and the issues that will need to be taken care of throughout the process. Also, attorneys that practice family law a.k.a. divorce law, charge by the hour. So, a retainer secures a certain amount of hours of their time and saves you from being billed once per week for the hours they have worked. Knowing your bills makes them easier to manage. Also, you have a right to know and you should know what your attorney charges per hour and how they bill that time.

The reality is that we, as a socially, are more willing to spend money on the “fun” things in life than the “necessary” things. Women spend thousands on their dress and men spend thousands on the engagement ring because we are excited about the end result. Divorce does not hold the same excitement, so neither does paying the bill. If you are in a position where divorce has become a necessity, do not start your search for a lawyer based on the negative and worrying about the cost, but try focusing on the outcome, which will ultimately place you in a position not to worry about the next argument every time you open your eyes in the morning.

May 19, 2010

Florida Divorce and Personal Injury

By Erlinger Family Law

In a Florida divorce, only marital assets can be divided. Nonmarital assets remain the property of the individual that brought them into the marriage. If you are the beneficiary of funds from a personal injury claim that you had, then the money you get from the claim is yours, unless it has been co-mingled in a marital fund.

Personal injury claims are brought by an individual for individual injuries suffered. A spouse has a right to a claim against the same “at fault” party for what is a consortium claim, meaning the spouse is without the full benefit of his/her spouse as s/he was prior to the injuries. However, this too is an individual claim brought by the spouse.

In Florida divorces, nonmarital assets are those collected as an individual, from an inheritance or claim from outside source (personal injury). The only way the inheritance or the money from your personal injury claim are considered marital is if the money you received was placed into a joint account and/or used in the advancement of the marriage (house repairs, paying off joint debt, etc.).