Divorce / Dissolution of Marriage

March 10, 2010

Understanding Divorce in Florida – “Dissolution of Marriage”

In Florida, the official term for divorce is “dissolution of marriage.” Many states, Florida among them, have done away with fault as grounds for divorce. This was done to lessen the potential harm to the family that might be caused by the divorce process. Fault may however be considered for determination of alimony, equitable distribution of assets, or determination of a parenting plan.

Either partner may file for the divorce. It must only be proven that a marriage existed, that one of the spouses has been a resident of Florida for at least six months immediately preceding the filing, and that the marriage is irretrievably broken.

In addition to the irretrievably broken ground for divorce, there is also a seldom-used incompetency ground; the competent spouse must prove that the other spouse has been incompetent for at least three years before the filing for this ground to be used.

March 9, 2010

How Much Does A Florida Divorce Cost? 1

By Wood, Atter & Wolf, P.A.

One of the primary concerns for couples considering a divorce in Florida is the potential costs. In light of the poor economy this is a very valid concern for many Florida couples. If you decide to file for divorce your filing fee is going to be right around $400. You will also need to have a summons issued and served on your spouse by the sheriff or a process server, which will cost around $50. You can pickup all of the required forms at the clerk’s office for about $20 or you can go online and print them for free. There are a number of Attorneys in Florida who will review your forms for you to ensure they are filled out correctly for around $150-$500 depending on the attorney. If all goes well you can get divorced for right around $600.

However, divorces rarely proceed without a few bumps in the road. That is why people hire Florida Family Law Attorneys. In addition, the Florida rules of civil procedure and family law rules are confusing for most people. It is beneficial to have an attorney explain the dissolution process in depth so you will understand your rights and develop the best course of action to guarantee your rights are protected. The average retainer for family law attorneys in Florida to handle a dissolution of marriage is anywhere between $3,000 to $5,500 depending on the issues involved in your case any the potential issues the attorney may spot after an initial consultation. In some cases there are couples who have worked out most of the divorce issues prior to consulting with an attorney and they simply want the attorney to help them through the process and finalize everything in accordance with Florida law. This is generally what is considered an uncontested divorce. Depending on the attorney you may be able to get by with a retainer of only $1,500 to $2,000. Keep in mind though that even uncontested divorces can become contested while going through the process if one of the parties changes their mind about the issues involved. In that case your legal fees will increase.

It can be really hard to predict how much a divorce will cost before all is said and done. However, a Florida Family Law Attorney can help you understand the process better ultimately save you time, money, and an adverse judgment that may be with you for a lifetime.

March 8, 2010

Florida Olympian, Jennifer Rodriguez, Skates Despite Divorce, Financial Woes, and the Death of her Mother

By Wood, Atter & Wolf, P.A.

Florida speed skater Jennifer Rodriguez, nicknamed “Miami Ice” never expected to be back in the Olympics at thirty three. After her disappointing eighth place finish in the Turin games in 2006, she had hung up her skates. But two years later she returned to skating at the urging of her husband, KC Boutiette. She was ready to try for Olympic gold again.

But since 2008, Ms. Rodriguez has suffered a series of life tragedies that have threatened to keep her from the Olympics. The first blow was when Ms. Rodriguez and Boutiette divorced after six years of marriage. The divorce led to mounting financial problems, and when her mother died of breast cancer she almost considered quitting. But at the very end of 2008 she won a gold medal in the 1000 meter event at the World Cup in Japan. She was then ready to go on to the Vancouver Olympic Games, where she competed in the 1000 meter, 500 meter, 1500 meter and the Ladies Team Pursuit.

Divorce is never easy, and even though Jennifer Rodriguez did not win the Gold at the 2010 Winter Olympics, she has shown her fans that there is life after divorce. You can read more about Miami Ice’s trials and triumphs at Jennifer Rodriguez skates past sadness to Olympics.

March 7, 2010

Ferdinanda Beach, Florida Therapist Discusses ABC Method for Dealing with Anger that can Lead to Divorce

By Wood, Atter & Wolf, P.A.

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Bob Howat, a marriage and family therapist from Fernandina Beach, Florida, recently shared his tips for avoiding the negative effects of anger. As a marriage counselor, he agrees with other experts that unchecked anger can unnecessarily lead to divorce.

Of course, some anger is healthy and natural, such as when it is part of the grieving process after a death or divorce, but if anger stays around too long it can become debilitating. Howat counsels couples that anger is often a choice, and teaches an “ABC” method for avoiding unnecessary anger. It is based on the Rational Emotive Behavioral Therapy model developed by psychotherapist Albert Ellis.

The ABC method is actually made up of 5 steps, which include:

March 6, 2010

Lauderdale County Co-Parenting Hotline may Expand to Serve Jacksonville, Florida

By Wood, Atter & Wolf, P.A.

When divorced Florida parents are forced to deal with child custody issues, tempers can run high – especially if the divorce was not amicable and the parents disagree with the approved parenting plan. Now those parents will have a way to better handle disagreements and build better relationships with their children. A help line has been set up for Lauderdale County, Florida parents that can help them get through child custody issues with less anger and frustration. This is important because fights between divorced parents can cause lasting emotional scars on their children.

The help line, which falls under the umbrella of Families First, offers parents a third party to help them manage and solve parenting disputes. When a call comes in, volunteers talk with both of the parents to help them diffuse angry feelings and come to a suitable compromise.

The line is staffed by twenty one volunteers, who are required to complete a six week training course before answering the phones. The Lauderdale center fields around fifty calls per month. The help line has been so successful in Lauderdale County that a task force has been created to investigate establishing call centers in other areas in Florida, including the Jacksonville, Florida area.

March 5, 2010

Florida Divorce Attorneys Find that Facebook Revolutionizes Divorce

By Wood, Atter & Wolf, P.A.

Social networking has become a popular form of interaction and expression for people of all ages. It is no wonder that Facebook has started to get mixed up with divorces.

For example, a Tampa, Florida woman videotaped many of her fights with her soon to be ex-husband and then posted the screaming matches on Facebook. Another Florida man used his Facebook page to document his frustrations with parenting, only to have his journal entries used against him in court by his soon to be ex-wife.

Of course, there are also plenty of stories about old flames rekindling on Facebook as well as inappropriate flirting and texting with new found friends that can lead to divorce. There is an upside to Facebook and divorce, though. Parents report that they can use Facebook updates to keep in touch with their kids better when they are with the other parent.

February 25, 2010

Buying a New Home during Your Florida Divorce

By Wood, Atter & Wolf, P.A.

When a couple divorces, one of the spouses generally needs to find a new place to live. Unfortunately, various legal issues can seriously complicate this already complicated financial transaction. So, when buying a home before your divorce is finalized, there are a few important considerations to keep in mind.

If the new home is purchased without marital assets, you should have nothing to worry about; but things can change quickly in a divorce, and if your divorce isn’t finalized yet, those non-marital assets you used to purchase the home may turn out to be considered marital assets at a later date. If you purchase a home with funds that are considered marital assets you may be required to sell the home to pay a claim to your ex-spouse.

The best thing to do, if you can’t wait to buy the home, is to consult with your attorney. A qualified Florida divorce attorney can help make sure that you get to keep your new home after the divorce. Your lawyer may be able to get a preliminary order allowing you to purchase the home even while the divorce is still pending, while preventing your ex-spouse from making a claim against the property.

February 25, 2010

Evander Holyfield and Third Wife, Candi, Ask Dr. Phil to Help Them Avoid Divorce

By Wood, Atter & Wolf, P.A.

Evander Holyfield was once the world heavyweight boxing champion. Now he is involved in another type of battle; this one is to save his third marriage from heading toward divorce. After a series of public foibles, Holyfield and his third wife, Candi, are scheduled to appear on the Dr. Phil show to discuss their faltering marriage.

In a statement, the couple said that they admired Dr. Phil’s “heartfelt approach” in helping couples in trouble. Dr. Phil is a former psychologist made famous by appearances on the Oprah Winfrey show. Several years ago Dr. Phil was awarded his own television talk show where he helps people deal with difficult times in their lives.

The Holyfield’s are expected to open up about their less-than-perfect private life, including how Holyfield struck his wife recently. Critics accuse Holyfield and his wife of seeking attention rather than real healing, and point out that an abusive relationship and a troubled marriage cannot be saved in a one hour television show.

February 25, 2010

Wife of Televangelist Benny Hinn Files for Divorce

By Wood, Atter & Wolf, P.A.

Benny Hinn is a world famous televangelist and perhaps one of the best known “prosperity gospel” advocates on television. Prosperity Gospel leaders teach their followers that belief in God will be rewarded with material wealth. Hinn’s Pentecostal broadcasts are seen and heard by millions daily.

Recently his wife of thirty years, Suzanne Hinn, filed for divorce from her husband, citing irreconcilable differences. The court filing did not bring up finances, but Hinn’s ministry is believed to be a multi-million dollar operation. The couple reportedly own three homes in Southern California.

Hinn’s finances have already been under scrutiny by Iowa Republican Senator Charles Grassley of the Senate Banking Committee. Grassley is looking into whether or not Hinn and other wealthy televangelists have complied with non-profit tax rules. Hinn maintains that he is in complete compliance with IRS regulations and that eighty eight percent of the money he raises goes to church causes.

February 25, 2010

Paul McCartney, Heather Mills Fail to Reach Divorce Settlement Agreement

By Wood, Atter & Wolf, P.A.

Former Model and Dancing with the Stars contestant Heather Mills and musician Paul McCartney have failed to reach a settlement in their long and bitter divorce. That means the British celebrity couple will likely end up in a public courtroom battle before a judge. A source close to the couple reported that all attempts to settle have been exhausted and the couple will not meet again until their court hearing.

The main reason the two failed to reach a settlement is reported to be Ms. Mills’ reluctance to agree to a confidentiality clause that would prevent her from speaking publicly about her marriage to the former Beatle. Sources say that Ms. Mills would like to write a book about her marriage. She would also like to retain the right to defend herself against public attacks concerning her marriage and divorce.

Reportedly, McCartney offered Ms. Mills over $100 million if she would sign the confidentiality agreement. She countered by saying she would accept a $15 million lower settlement without signing the agreement.