Jacksonville Divorce Lawyer Blog

May 18, 2011

I Want a Divorce and I Want Everything….Florida Divorce

Wood, Atter & Wolf, P.A.

Florida divorce law allows for an equal division of marital assets when the evidence shows that the assets are, in fact, marital. For instance, if you get married, by a house together and then file divorce then the house is considered marital and you both are entitled to one-half the value or one-half the liability associated with that house. If there is a nonmarital property, meaning it was purchased before the marriage, then that is left with the person that entered the marriage with that property. However, if the property is transferred into both names during the marriage, then it can be considered marital property depending on the situation surrounding the divorce and property. See Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

May 17, 2011

Do Short Term Marriages Get the Same Treament as Long Term Marriages in Divorce in Florida?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Florida law holds that a short-term marriage is one that lasts for 7 or less years in accordance with Florida Statute 61.08(4). If a marriage is for less than seven (7) years, then the court may find that certain provisions of equitable distribution of assets do not apply, as in a recent Florida case Lacoste v. Lacoste, 36 FLW D784 (Fla. 1st DCA April 14, 2011).

May 16, 2011

Domestic Violence in Florida Divorce

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

c1main.florida.divorce.wsvn.bcso.jpg Domestic violence in marriage can be a major cause for divorce and knowing you are safe is key to the livelihood of you and your children. If you fear abuse or other harm from your spouse, you should apply for a domestic violence injunction with the court. In addition, in going through a divorce with someone that is violent, you should let your attorney know and the judge know that you are in fear for your safety in the presence of your spouse. If the judge is aware of the danger, then the judge can take the proper steps in insuring your safety while you are going through divorce hearings where you and your spouse are in the same room. The judge can have a bailiff sit-in on the proceedings to restrain the spouse if that spouse becomes violent.

May 13, 2011

The Stepparent Adoption Process in Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Stepparent adoptions in Florida can be done in a relatively short amount time, if all parties are in agreement. Basically, if the biological parent is willing to sign a consent for termination of parental rights, then the adopting parent and primary parent can file a joint petition for the adoption of the child. Once the parental rights of the biological parent are terminated, an order can be entered by the court for the stepparent to be the adopted parent of the child. Basically, an adoption finds that the adopting parent has the ability to provide for the emotional and financial needs of the child and understands that the child is the responsibility of that parent regardless of the marital status. In addition, the child no longer has the right to inherit under the biological parent and therefore, inherits as a natural child of the adopting parent.

May 12, 2011

Paternity and DNA Testing in Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Paternity establishment can be done by either admitting and swearing to the fact that the child is that of the father (the father must sign) or by submitting to DNA scientific testing. If the father is the one petitioning the court to establish his paternal rights, then he is stating to the court that he believes himself to be the father of the child; however, the mother may contest the establishment by requesting a paternity test be done. If the mother has filed the petition, then the alleged father may move the court to require the mother to provide the child for scientific testing so that the DNA test can be completed.

May 11, 2011

Establishing Paternity in Florida

By Erlinger Family Law

Paternity cases in Florida often require two actions to be taken, such as follows:

1. A Petition to Establish Paternity: Often filed by the mother against the father, so it only requests child support the majority of the time.

2. A Counter-Petition to Establish Paternity and a Time-Sharing/Parenting Plan. This is generally filed by the father to guarantee that he has visitation with the child, which is referred to as a time-sharing plan in Florida.

May 10, 2011

What You Should Do When Served With Divorce Papers In Florida

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

When you are served with divorce papers it can be overwhelming and difficult to understand what you will do next. Once you are served a divorce petition, you have twenty (20) days to file an answer with the court and provide a copy to the your spouse or the attorney for your spouse. An answer is a document that addressing each allegation or request in the petition and goes paragraph by paragraph. It is important to know that a petition often asks for more than the other party wants because if it is not requested in the petition, then it most likely will not be addressed. Also, you have the right to file a counter-petition along with your answer. A counter-petition basically lays out your own requests and allegations and your spouse has twenty (20) days to answer the counter-petition.

May 9, 2011

My Spouse Can Afford A Lawyer, But I Can’t…What Are My Options? Florida Divorce

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

Stay at home parents going through a divorce often question how they will get through the divorce financially. In Florida, if you do not have money to hire a lawyer, but your spouse does, then you will need to file a Motion for Temporary Needs and a financial affidavit, to get attorney fees and costs associated with the divorce. Florida recognizes that if one spouse can get a lawyer, then the other spouse should be capable of the same regardless of their independent financial issues. The idea is that a party that has money should not win simply because that person holds the Benjamins.

May 6, 2011

In Florida, What Should I Expect to Pay In Child Support and Can I Change It If I Lose My Job?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

As a lawyer in Jacksonville, Florida, I have a number of clients that want to know what they will pay in child support. Whether they come to me for a divorce, paternity action o modification of child support there is always concern for what should be budgeted.

May 5, 2011

In Florida, Is Alimony A Factor in Child Support Calcuations?

By Erlinger Family Law

Written By: Lenorae C. Atter, Attorney

Wood, Atter & Wolf, P.A.

In Florida, if alimony is a factor in a divorce, with children, then alimony must first be determined in order to properly calculate the child support. Child support is based on the income of both parties and alimony is considered income to one spouse and a reduction of income to the other parent.