Articles Posted in Divorce / Dissolution of Marriage

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For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of calls in my Jacksonville, Florida divorce law practice asking if a new step-parent’s income can be used when calculating or modifying a child support obligation. The answer under Florida law is “no”. Only the gross incomes of the mother and father are used in calculating a child support obligation and this does not change if one spouse remarries. Even if one spouse remarries, is not employed and is living on the ocean due to the new spouse’s income level, the courts will only consider the gross incomes of the parents to the child. If you have a child support question or a modification of final judgment issue, please call our firm for sound, caring advice.

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When Karin Seruga and Richard Zinn got married, Seruga owned the trademark to an appliance called the Artofex triple-action – an industrial mixer that stands six feet tall and weighs over two tons. When the two divorced, it sparked a dispute over the US trademark that has lasted over 12 years.

Zinn has continued to use the Artofex name in his bakery machine business even though his ex-wife owns the trademark to the 100-year old name. A federal judge recently ruled in Seruga’s favor, awarding her company over $500,000 in damages. Zinn’s lawyer says that he will appeal the decision.

This case demonstrates the need for parties to be clear about the ownership of assets brought into the marriage before a dispute arises. This couple has denied themselves the closure of finalizing their divorce because of this dispute; a simple pre-nuptial agreement could have saved them 12 years of legal battles.

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A business is often the most valuable asset in a marriage. As such, it can be one of the most contentious points of a divorce. Married business owners can and should take steps to minimize the impact on their business in case of divorce.

The business should be included in a pre- or post-nuptial agreement. The parties should be specific about what rights the non-participating spouse has to the business and how it would be split up if the marriage ends. If applicable, details about what valuation method will be used for the business should be included.

No one likes to plan for a divorce, but proper planning can make a huge difference in the viability of a business going forward. Divorces can be complicated and emotional; having a plan in place for the business can ease the stress and the cost of a divorce by expediting the settlement.

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In my family and divorce law practice in Jacksonville, Florida, I get many cases that I feel are ripe for dissolving the marriage in a collaborative setting. Collaborative law encourages the use of financial professionals and mental health professionals early in the negotiations to help reach an amicable, fair solution for dissolving the marriage and for dividing the assets of the parties. However, some people get nervous when the term mental health professional is mentioned. The mental health professionals (MHP) role is not to analyze the parties or to perform therapy on the parties or the children. The MHP is a neutral third party whose job is to keep the parties focused on the objectives of the negotiations, to manage emotions and to facilitate communication. Please call our firm for advice on dissolution of marriage, child support, child custody, settlement agreements, postnuptial agreements, grandparent rights, alimony and division of property issues.

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Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

Just because spouses separate does not mean that their finances are now considered to be separate by a court in Florida. In Florida, if you are acquiring assets or liquidating assets while you are separated, you must be very careful that they are not marital ones or you could become liable to your spouse to repay your spouse’s share of the asset or to divide the asset with your spouse. I read a case where a woman had been separated from her husband for 22 years and neither party ever filed for divorce during that time. During the period of separation, the woman bought a house. When the time came to finalize the divorce, the woman’s husband had a 50% interest in the house as she had purchased it during the marriage. Please call our firm if you have questions regarding division of property.

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Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children’s Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

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Florida and Indiana each have three counties that made the top ten list of highest divorce rates for the US. The Florida Counties are Monroe, Putnam, and Pinellas. Divorce experts point to a number of factors that could be contributing the high divorce rates, including the bad economy adding stress to already troubled marriages. Other reasons mentioned were the party atmosphere of the Keys that encourages immature behavior and even alcoholism. But some Florida residents pointed out the fact that many divorcees come to Florida to start new lives after divorcing in another state.

Whatever the reason, being the “divorce capital of the US” is hardly a distinction either Florida or Indiana welcomes. But if you are a resident of the Jacksonville area of Florida and you find that you would like to dissolve your marriage, please contact our firm for legal counsel.

You can read more at High Divorce Rates in Ind., Fla. Counties.

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