Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
What used to be one of the biggest assets in a marriage in Florida is now one of the biggest liabilities due to the current market economy. What are you supposed to do with the marital home when the marriage is dissolving? There are some options which are as follows:
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
When parties divorce in Florida, the court orders that the marriage contract is broken. In an annulment action, the courts declare that the marriage never was. To obtain an annulment in Florida, it is much more difficult than obtaining a dissolution of marriage, and it occurs less frequently than dissolutions. However, if you require an annulment for religious reasons, you need to contact your rabbi, priest or minister as well as an attorney to complete the process. Certain grounds must be proven to the courts to obtain an annulment. An annulment cannot be obtained based on the fact that the marriage was short. The courts require more. The certain grounds that can be alleged in an annulment action are: 1) that a party did not know what he/she was doing when they got married due to intoxication, mental incapacity, etc. 2) that the marriage was illegal such as in Florida you cannot marry certain members of your family 3) that there was fraud involved in the marriage that goes to the substance of the marriage. If you think you may qualify for an annulment instead of a divorce, or you require an annulment for religious reasons, please contact our firm for expert advice on the dissolution or annulment process in Florida.
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
In Florida, a dissolution of marriage is the legal term for terminating a marriage. One party must file a Petition For Dissolution alleging “grounds” or reasons for the divorce. However, in Florida, only two legal “reasons” can serve as grounds for the divorce and those are 1) that the marriage is irretrievably broken or 2) that one of the parties to the marriage is mentally incompetent. Usually the first ground is the ground that is alleged in the Petition For Dissolution as the second ground can only be used if a spouse has been adjudged by a court to be incompetent for a period of at least three (3) years. While you may believe your spouse to be incompetent, if a Judge has not signed a judicial order indicating your spouse’s incompetency, then your spouse is not legally incompetent, and the ground cannot be alleged. If the marriage is irretrievably broken, this means that the marriage has so many issues and disputes that they cannot be resolved through any type of counseling or classes, and the marriage is completely and totally broken. If you feel that your marriage is irretrievably broken or your spouse has been adjudicated by a court to be incompetent causing the breakdown of your marriage, please contact our firm for expert advice in helping you navigate the dissolution process.
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
I get a lot of people sitting across from my desk in the initial consultation in my family law practice waffling about whether or not they should get a divorce. Obviously, if they are sitting across from me, things are NOT copacetic in the marriage. However, that doesn’t always mean that divorce is the only answer. How do you know when you should get a divorce or stay and try to work things out? Normally when parties begin the divorce process, one or both of the parties is not truly ready for the divorce. Here is a good article that asks eight questions to help you decide if you are ready to enter the divorce arena. If you are having trouble deciding on how to proceed in your marriage, or just need expert advice on the entire dissolution process, please contact our firm to arrange a consultation.
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
No matter what happens with your divorce in Florida, divorce is costly even if the parties agree on almost every matter. In the end, each party is still having to live on half of the money that they were prior to the divorce. How do you still take your child on a nice family vacation post-divorce in Florida? Below are some suggestions for having a blast of a vacation and building family memories post divorce without breaking your bank.
By: Lenorae C. Atter, Jacksonville Family Law Attorney
latter@woodatter
1. What will I pay in child support?
Written By: Lenorae C. Atter, Family Law Attorney
1. In a divorce, who gets the home?
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
Collaborative law is a relatively new area of practice in Jacksonville, Florida, that gives parties an opportunity to divorce or to settle another family law issue out of court in a private and respectful manner. The parties agree up front to forego a trial on the issues but each party has their own attorney to represent their interests in the dissolution. The parties may also employ mental health experts, financial planners and accountants depending on the issues involved in the case. The parties will have a series of short meetings with all professionals for each side present and will set goals and reach agreements in those meetings which are set at a mutually agreeable time instead of when the court sets the dates. The parties will have complete control of the process and most importantly, the outcome. The Court will only be used to finalize the agreement, if one is reached. Our firm is on the cutting edge of utilizing this area of practice in resolving family law cases in Jacksonville, Duval County, Florida and the surrounding counties. If you have a family law case or issue that needs resolution, please contact our firm to discuss all options for your case.
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
The older and more experienced I get, I have been researching articles on good health and good health practices, and surprisingly, I have found many articles that state that marriage is good for your health! Obviously divorce is quite stressful and the effects of stress on the body and your health is well documented as being so harmful on the body and on overall health. Studies have shown that those who are married give higher value to their health opposed to those who have never married. Those who have been married and have experienced a divorce or who are experiencing a divorce may report more documented illnesses and more documented health concerns. If you are experiencing a divorce and the stress related thereto, contact our firm to help ease your panic, fear and stress levels as we take on your case with compassion and expertise.
Written by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com
There was an article in the New York Times that outlined the divorce rate in this country at the present time as compared to divorce rates in the 1950’s. It appears that divorces are on the rise especially in this down economy. It appears that couples who married in the late 70’s had a less than 50% chance of remaining married. Those couples who are celebrating 45th, 50th and 70th wedding anniversaries are practically becoming obsolete. One reason for the drop off in couples reaching these landmark anniversaries is that people are marrying later in life these days and one party may die before the couple is able to reach the 25th wedding anniversary mark. However, the recent trend has been that couples are separating after about 7 years of marriage and divorcing during the 8th year and not even seeing the 15 year anniversary mark. If you are experiencing marital unbliss and are contemplating a divorce, please contact our firm to guide you through the process with expertise.
Jacksonville Divorce Lawyer Blog