Divorce / Dissolution of Marriage

February 3, 2010

Affair of Oracle President, Charles Phillips, Revealed by Strange Birthday Present from Mistress

Oracle President Charles Phillips was involved with a woman named YaVaughnie Wilkins for eight and a half years during his marriage to his wife, Karen Phillips. Ms. Wilkins reports that she believed Phillips was separated and then divorced from his wife during their relationship, until she received an anonymous email tip telling her that Phillips was still married. She then decided to hire a private investigator, who confirmed that Phillips was indeed married. She then ended the relationship.

But in an unusual move, she presented Phillips with a 50th birthday present; enormous billboards of the couple plastered in Times Square, San Francisco and Atlanta. The billboards featured a large picture of the couple with their arms around each other, and direct viewers to a website documenting the couple’s eight year relationship in pictures. Ms. Wilkins claims that the billboards were a sincere gift, and not an act of revenge.

Phillips and his wife remain married and have a son together. See the billboards and read more details of the story at Outed by billboards, Oracle prez admits affair.

January 28, 2010

Rosie O’Donnell’s Divorce Raises Questions About Homosexual Divorce In States Like Florida

By Wood, Atter & Wolf, P.A.

Actress and talk show host Rosie O’Donnell and her long-time partner Kelli Carpenter made headlines when they married in California during the short period in which that state allowed gay marriage. Rosie is now speaking out about the couple’s recent divorce. Ms. O’Donnell reports that the couple’s divorce was amicable and “drama free” because both she and Ms. Carpenter made an effort to maintain their friendship. Ms. O’Donnell believes that women in particular are able to split without hard feelings because women “always want what’s best for everyone involved.” She believes that the intense emotional connections women make with each other make it difficult for them to simply sever the connection when the relationship ends.

As a testament to the former couple’s patience and understanding during the divorce, it took the news media nearly a year to pick up the story and put it in the headlines. Ms. O’Donnell made her comments during an appearance on the Oprah Winfrey Show. She said the divorce occurred because she and Ms. Carpenter were drifting apart.

What happens when a gay couple is legally married in one state, moves to another state, and subsequently wants to get divorced in that state? The answer is that they will probably not be allowed to get divorced under the laws of a state that does not recognize same-sex marriages, such as Florida. This makes things difficult for gay married couples who fought so hard to get the right to marry and now find it very difficult to get a legal divorce. Most states have a residency requirement to get divorced under their state laws. If a same-sex married couple moves to a state that does not recognize their marriage and no longer has residency in the state in which they were legally married, they may have to move back for a period of time just to get divorced. If you have questions about Florida Family Laws regarding this topic call a Jacksonville Divorce Attorney.

January 25, 2010

New Book Explores Trend toward Couples Not Marrying

By Wood, Atter & Wolf, P.A.

The median age for a first marriage in the United States is higher than it has ever been, at 27.1% for men and 25.3% for women. Hannah Seligson recently wrote a book that explores the unmarried relationships of people in their twenties and thirties; the book is called A Little Bit Married: How to Know When It’s Time to Walk Down the Aisle or Out the Door. In it, she looks at the new types of relationships young people are forming – many look just like marriage, but without the trip down the aisle. The author reports that twelve million Americans are cohabitating in “unmarried committed relationships.”

But even people who are “a little bit married” are taking some of the same steps that their more traditional peers take before tying the knot. Cohabitants frequently create what looks like a prenuptial agreement, spelling out what assets were brought into the home by whom, and who is entitled to what in the case of a split. Read more about this author’s theories on why young people are not getting married atWhy We’re Not Getting Married.

If you are considering moving in with someone, you should be aware of your legal rights. A Florida family law attorney can help you draw up an agreement that protects your assets in the case of a split. Please contact our Jacksonville, Florida area law firm for legal counsel.

January 18, 2010

Divorce Judge Outlines Steps for a “Good Karma” Divorce

By Wood, Atter & Wolf, P.A.

Positive, life-enhancing, and compassionate are not words most people associate with divorce. Words that more typically come to mind are painful, bitter, resentful, ugly, and battle. A Chicago Judge, Michele Lowrance, who has presided over hundreds of divorces, recently wrote a book on how to handle divorce so that it doesn’t ruin your life or make you and your former spouse miserable. The book is entitled: The Good Karma Divorce: Avoid Litigation, Turn Negative Emotions into Positive Actions, and Get On with the Rest of Your Life.

Judge Lowrance starts by saying that turning over important decisions such as child support, alimony and child custody to the courts means giving up the power you have over your own important life decisions. The book is aimed at keeping a divorcing couple from ever going to court. To that end, she offers divorcing couples practical tips for getting through this tough time with a positive outcome. She reminds people that the court system is not designed to rescue them, or to prove that their position is more righteous than their former partner’s. She advises both parties to be open to the possibility of settlement and to disclose everything honestly.

She also recommends allowing yourself time to go through your negative emotions, but to be ready to forgive when the time is right. She encourages couples to apologize to each other during the process. She believes that both forgiveness and apologizing are empowering for both parties. She also reminds parents that divorce is very hard on children, and it is important to explain to them what is going on as honestly as possible. One type of divorce procedure that is designed to minimize the adversarial aspects of divorce is collaborative law. To learn more about this process contact a Jacksonville Family Law Attorney.

January 14, 2010

Understanding Prenuptial Agreements

By Wood, Atter & Wolf, P.A.

Many people feel that asking for a prenuptial agreement is the end of romance. Others believe that prenuptial agreements are only for the rich. Neither of these statements is true. Prenuptial agreements are appropriate in a number of situations and should be seriously considered before entering into a marriage, which is a legal partnership. A prenuptial agreement is a signed contract that spells out exactly how a couple will handle different aspects of their marriage to include finances, real and personal property, alimony, and several other concerns that often arise throughout the marriage and possibly in a divorce. While this may not seem very romantic, it can be an empowering and positive experience. Probably for these reasons, more and more “average” couples are signing these agreements lately.

Some of the benefits of a “prenup” include facing financial details and discussing them openly, preserving inheritance or the financial well-being of children from a previous marriage, protecting business assets, spelling out financial expectations, and reducing battles over finances in the case of divorce. Of course, there are drawbacks as well; agreements can be set aside if they are found to be fraudulent, unfair or signed under duress. They can be perceived as not being romantic and can imply a lack of trust between partners.

If you are considering a prenuptial agreement, remember a few key points:

January 13, 2010

Chris Evert and Greg Norman’s Florida Divorce Finalized

By Wood, Atter & Wolf, P.A.

Tennis star Chris Evert and golfing legend Greg Norman were married for fifteen months before their marriage ended in divorce recently. A close family friend to Ms. Evert is now speaking to the media, saying that the marriage failed due to the stress Ms. Evert felt balancing her time between her husband and her three teenage sons from a previous marriage. The source reported that there was tension between the two over Norman’s extensive travel schedule and Ms. Evert’s desire to spend time with her children. During the marriage Ms. Evert did spend quite a bit of time travelling with Norman, but now says she regrets the decision, according to the friend.

Ms. Evert is now reportedly enjoying more time with her sons, Alex, Nicky and Colton, aged eighteen, fifteen and thirteen, respectively. Ms. Evert and Norman finalized their divorce in December of 2009 at the Monroe County Courthouse in Key West, Florida. Neither Ms. Evert nor Norman had any comment on the divorce.

Marriage is difficult, and competing loyalties between a new spouse and the children from a former marriage can add a layer of stress to a marriage that is hard to deal with. In this case, unfortunately the couple was not able to overcome their differences. Read more about the Florida divorce of Chris Evert and Greg Norman at Why Did Chris Evert and Greg Norman Divorce?

January 8, 2010

Tiger Woods’ Marital Problems Bring Up Issues of Florida Rules Governing Premarital Agreements and Child Custody

By Wood, Atter & Wolf, P.A.

In the wake of nearly a dozen women claiming to have engaged in extra-marital affairs with golfer Tiger Woods, his wife, Elin Nordegren Woods has reportedly moved out of the couple’s mansion and moved back to Sweden, her home country. The couple does have a prenuptial agreement, but the contents of the agreements are not open to the public. The Woods’ prenuptial agreement is a premarital contract, and theirs will be governed by the Uniform Premarital Agreement Act of section 61.079 of the Florida Statutes. Their prenuptial agreement likely spells out how much alimony Ms. Woods is entitled to receive, if any, the distribution of property and other assets, and any other miscellaneous arrangements that were contemplated by the parties at the time they made the agreement . The right of a child to support may not be adversely affected by a premarital agreement. Premarital agreements, like other contracts, usually hold up in court as long as they are legally executed and do not contain unconscionable clauses. To create a premarital agreement that is legally sufficient to protect your interests you should seek the assistance and expertise of a licensed Florida Family Law attorney.

As for the children, Sam and Charlie, Florida has no presumption of marital custody, meaning that the father and the mother have an equal chance of gaining time-sharing depending on what is in the child’s best interest. Florida rules governing child custody changed substantially in 2008. The terms custody, custodial parent, non-custodial parent, visitation, primary residential parent, and secondary resident parent were eliminated from the statute. The disposition of children after a marriage is now determined by parenting plans and time-sharing schedules. These arrangements are governed by Florida Statutes chapter 61.

In light of the alleged extramarital indiscretions by Tiger Woods it is likely that Ms. Woods may have strong arguments for her to be the parent with more timesharing with the children and be entitled to receive substantial child support. In order for her to be able to move the children to Sweden with her she will have to petition the court and show why it is in the childrens’ best interests. Tiger would be entitled to object to moving the children so far from the marital home. Find out more details about the prenuptial agreement at

January 6, 2010

In Florida, Divorce Often Means Children Spend Less Time with Father

By Wood, Atter & Wolf, P.A.

The strengthening Families Act of 2003 stated that thirty four percent of all American children live apart from their biological fathers. Forty percent of those children have not seen their fathers in over a year, and fifty percent of those children have never visited their father’s home. The US Census Bureau has reported that five out of six custodial parents are mothers, and that nearly forty percent of fathers have no access or visitation rights to their children.

Unfortunately, many parenting plans in Florida have restrictive visitation rules for the parent with less time-sharing, and do not promote shared parenting or the presence of a child’s father in his or her life after the divorce. Further, a national study revealed that nearly forty percent of custodial mothers admitted to interfering with the father’s visitation to punish him. About fifty percent of mothers reported that they saw no value in their child’s continued contact with the father. The result is the loss of a close relationship between the father and his child.

The fourth judicial circuit guidelines for time-sharing arrangements in the Jacksonville area are the model by which most time-sharing arrangements are designed. However, many times the parent with the most time-sharing takes matters into their own hands by not following the terms of the parenting plan and preventing the other parent from spending time with their child.

January 6, 2010

Understanding Different Types of Florida Alimony

By Wood, Atter & Wolf, P.A.

Florida law recognizes several types of alimony. Which type or types of alimony are awarded depends on the individual characteristics of the marriage. Some factors a judge may consider are adultery, the length of the marriage, and the employment prospects of both partners. In Florida, the alimony payments must be decided on before the court awards child support.

Temporary alimony: This type of alimony is awarded to maintain a person’s lifestyle while the divorce case is pending. As an example, a husband who worked and paid the household bills while his wife stayed home to raise the kids could be required to continue paying the bills until the divorce agreement is finalized.

Bridge-the-gap alimony: This type of alimony is designed to help one of the parties get back on their feet and start supporting themselves after the divorce. It is generally awarded for a period of two years.

January 6, 2010

Australian Gold Medal Hurdler, Jana Rawlinson, Plans to Remarry Ex-Husband as Soon as Divorce is Final

By Wood, Atter & Wolf, P.A.

After almost four years of marriage, Jana and Chris Rawlinson split up in April of 2009 and filed for divorce. Ms. Rawlinson is a gold medal winning hurdler, having won the 400m hurdles at the 2006 Melbourne Commonwealth Games. The couple have a three year old son, Cornelis.

But last month Ms. Rawlinson revealed in an interview with Woman’s Day magazine that she and her husband have reconciled. She said that after she learned that her soon to be ex-husband was seeing another woman, she begged him to give her a second chance. She said that seeing him with another woman made her realize that she may have lost her husband forever and that she did not want to lose him. After six weeks of pleading, Rawlinson finally decided to give his wife a second chance. They are now planning to remarry, but must wait until their divorce becomes final in early 2010.

Sometimes couples rush to divorce without making an attempt to save the marriage. In some cases, counselling and a trial separation can be the key to partners appreciating each other and rekindling the relationship. If you are considering divorce, please contact our firm for expert, compassionate legal counsel.