Articles Posted in Divorce / Dissolution of Marriage

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Starting Monday, October 19th and running through January 31, 2010, parents have the opportunity to lock in the 2009-2010 tuition rates for Florida state universities by enrolling their children in the state-sponsored Florida Prepaid Plan. Under the plan, any child may be enrolled, from birth until they reach their junior year of high school. Parents, guardians or other relatives can pre-pay the tuition all at once or make monthly payments. If the child opts to attend a private or out-of-state school, the money can be refunded or transferred to the chosen school.

In a divorce, the courts do not require either parent to pay for college or to have a child support obligation after high school. But it frequently comes up in the dissolution and settlement process. Locking in tuition rates under the Florida Prepaid Plan is a great idea for any parent, even if they are in the middle of a divorce.

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

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An emerging divorce method, using what is called a “collaborative process,” brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

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

In Jacksonville, Florida and in all counties in Florida, if children are an issue in a divorce case, the courts will require that the parents attend and complete a parenting course or divorce class. In Jacksonville, Florida, the class is called Children First In Divorce. The purpose of the class is to teach the parties how to put their emotional beliefs aside and to focus on helping the children get through this very difficult process. The Hope Haven Children’s Clinic offers the class to those located in the Fourth Judicial Circuit which encompasses Duval, Clay & Nassau Counties in Florida. All states require some form of children first in divorce. Please call our firm for advice on how to set up your class and on how to proceed with your divorce.

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Terengganu, an eastern state in the country of Malaysia, is offering free second honeymoons and counseling to troubled couples in the hopes of saving their relationships. The state hopes it will slow their skyrocketing divorce rate.

The conservative Muslim state follows the Islamic custom where divorce is legal, but still considered a distasteful act. The program has already been tested on 25 couples, with favorable results.

It is easy for couples to fall out of touch with each other over the course of many years of marriage. With kids and work and other responsibilities, a marriage can suffer from neglect. It will be interesting to see if this program is successful at bringing couples back together. A week’s romantic vacation seems like a good place to start.

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No papers have been filed yet, but Ronald Cummings, the father of missing Jacksonville, Florida child, Haleigh Cummings, reported to CNN that he and his wife Misty will be getting a divorce. While Misty at first did not want to go along with Ronald’s decision, she finally agreed to it earlier this week.

The two are the parents of 6-year-old Haleigh Cummings, who has been missing from her Jacksonville, Florida home since February 9th, 2009. Ronald attributes the divorce to the stress of their daughter disappearing while under Misty’s care, Misty’s story about the events of that night, and the stress of being hounded by the public. Misty is not expected to contest the divorce.

There is no question that the loss of a child can have a devastating impact on a marriage. If your marriage has suffered an irreparable harm, please contact our firm for legal counsel.

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Gay marriage is only recognized in a handful of states, which can cause some interesting legal problems when those couples move to another state. To date, six US states have legalized gay marriage and two more states will recognize same-sex marriages entered into in another state. Washington DC recognizes gay marriages and is expected to allow them soon, while California only recognizes the few marriages that were allowed to take place in that state before same sex marriage was voted down last November.

When two men who were legally married in Massachusetts in 2006 moved to Texas and later decided to file for divorce, they ran into a legal issue that state seemed ill-prepared to deal with. The Texas Attorney General stated that the two could not divorce in Texas, since they were not considered to be married while residing there. The couple could not simply divorce in MA since they were no longer residents. The problem is that, until they can legally divorce, they are still considered married in eight other states and in Washington DC.

One Texas judge viewed this as a discriminatory hardship, and ruled that the state should recognize the marriage for the limited purpose of divorce. The ruling is not expected to stand.

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

In my family law practice in Jacksonville, Florida, as a divorce and family law attorney, I have a vantage point that most people don’t have. I see people everyday going through the most confusing and emotional issue of their lives. Oftentimes, spouses change after the marriage and parties quickly go from “I do” to “I don’t”. An annulment may be possible in this case but annulments are difficult to obtain. In fact, a divorce is easier to obtain in some cases. In an annulment action, the courts are basically saying that the marriage never took place and as such there are very strict guidelines that must be followed in obtaining an annulment. There are two types of annulments, one is civil and one is religious. There are different requirements for each type of annulment. If you are in an “I Don’t” situation, please call our firm for advice on how to protect your interests.

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

So you and your spouse just love Florida Gators football right? Well what happens when each of you keep your love of football and your favorite team and season tickets but not for each other? Who gets the season tickets? In Florida the courts use a concept called equitable distribution to equitably or “fairly” divide marital assets. If the season tickets were bought during the marriage then they become a marital asset subject to equal division by the courts. But who wants to go to the game and have to sit by their ex? In a situation such as this, the Courts will use equitable distribution to place a value on each ticket and if one spouse gets both tickets then the courts will give the other spouse some other item similar or equal in value to equalize the award. If you or your spouse want to keep your season tickets so you can watch your favorite team become Rosebowl bound, then please call our firm to discuss options in your dissolution.

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