Florida Statutes

April 20, 2011

I Own My Business; Does My Ex Get Half in Florida?

Wood, Atter & Wolf, P.A.

Owning your own business when going through divorce in Florida can be challenging. If the business started during the marriage, then it is considered a marital asset and is subject to equal division to both parties. However, some businesses are dependent of a product while others are set-up on a service provided. A business valuation should be obtained by both the husband and wife, or if you can agree then one valuation may be acceptable.

April 19, 2011

Am I Responsible for My Ex’s Car Accident?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Am I on the hook for an accident if my soon to be ex was driving our car? Florida law recognizes that assets such as cars and houses are jointly owned if purchased during the marriage and must be equitably divided. Though you do not have to be joint title holders of vehicles purchased during marriage, if you are both on the title then you are both on the hook for any accidents that occur in that vehicle. In Florida, an owner or owners of a vehicle are responsible for accidents that may occur while they or another, who has permission, is driving the car.

March 25, 2011

Adultery, Gambling and Drug Use; Are They Considered in Florida Divorce?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida divorces are decided as a no-fault matter. Florida no-fault law that rules divorces basically means that the reason for the divorce is not important in determining issues surrounding the divorce. In Florida, divorces separate assets and liability (debts) equally between the parties; alimony is based on a number of factors including the lifestyle of the parties during the marriage, the length of the marriage, etc.; and the time-sharing plan for the children is based on the best interest of the children. None of these factors are decided based on who did what during the marriage.

March 23, 2011

Adopting Your Stepchild In Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a Jacksonville, Florida family law attorney one of the more joyous occasions I get to handle are stepparent adoptions.

March 22, 2011

In Florida, You Must File For Relocation If You and Your Child Are Moving More Than 50 Miles Away From The Other Parent

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Relocating with your child in Florida does require action on your part if you are not married to the other parent. When moving more than 50 miles away, you are required to file an action with the court giving notice that you intend on moving. This document must be provided to the other parent as well. The only way around this rule is if you have previously reached an agreement with the other parent and put that agreement in writing, then you must file that plan with the court that maintains jurisdiction on the case (most likely where time-sharing was ordered).

March 21, 2011

Florida Allows Temporary Support While The Divorce Is Pending to Help The Spouse With No Money

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida divorce/family law courts recognize discrepancies in the incomes of both parties and have developed access to courts early in the process through a Motion for Temporary Needs. Once filed, there is a hearing to establish the needs of the parties until the divorce can be finalized. The motion for temporary needs can include the following issues:

March 18, 2011

In Florida, nonpayment of Child Support Can Equal No Driver’s License

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florid child support payments are required by law and an order is established either through an action for divorce or paternity. If child support is not paid, the responsible party’s driver’s license can be suspended through the Division of Driver’s License (Department of Highways and Motor Vehicles). According to Florida Statutes, §322.058 suspension of a driver’s license can be done when the Division of Driver’s Licenses has notice that the responsible party failed to comply with the law.

March 17, 2011

Options in Dealing With a Florida Teenage or Unwanted Pregnancy

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Teenage pregnancies or unwanted pregnancies seem to be a common topic in American culture. From Sarah Palin’s daughter to Jamie Lynn Spears who was 16 and pregnant, and to your own child possibly knowing someone in school that is pregnant. There are options available, but knowing them is half the battle.

March 16, 2011

Establishing a Parenting and Timesharing Plan in Florida Divorce and Paternity Cases

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a Jacksonville attorney handling time-sharing issues with a client comes second nature since I grew up in such an environment. For family law clients, dividing holidays, birthdays, and vacations are a concern as they go through a divorce or paternity action. Florida requires parents to file a parenting plan that defines the time-sharing (visitation) plan they will follow. In Jacksonville, Florida, we have the 4th Judicial Circuit Visitation Guidelines, which were designed by the court to make division of time easier on parents when they cannot reach an agreement. Since the parenting plan became a necessity, the guidelines lay out an idea for parents, but are no longer simply followed by the Court, however, they are generally going to be the minimum time-sharing imposed on the parties.

March 15, 2011

Florida Child Support and Bankruptcy: What Are Your Options?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

While Jacksonville, Florida has an influx of bankruptcy filings over the last few years, child support continues to be ordered in divorce and paternity actions. If a parent files bankruptcy after child support is ordered, then Bankruptcy does not discharge that support obligation.