Jacksonville Divorce Lawyer Blog

October 22, 2010

Follow Florida Law When Relocating With a Child

If you are planning to relocate and have primary custody of a minor child, there are certain provisions in the Florida Domestic Law statutes you must follow.

If you and your ex have agreed upon a relocation plan, you need to submit a written agreement to the court for ratification. The agreement will spell out the consent to the relocation and a revised time-sharing plan for the other parent.

If there is not an agreement with the other parent regarding relocation, you must draw up a Petitition to Relocate and send copies via certified mail to the other parent as well as to anyone else who is entitled to access or time-sharing with the child. The Petition should include:

October 21, 2010

Less Educated Now Less Likely to Marry

By Wood, Atter & Wolf, P.A.

For the first time, those without a college education are less likely to be married by the time they reach 30 than those with a college degree, according to the Pew Research Center.

Pew research shows that in 2008, 62 percent of 30-year-old college graduates had tied the knot, as compared with 60 percent of 30-year-olds who did not have a college degree. This reverses a century-old trend of college-educated adults who were less likely to be married by the time they hit 30 than those with no college education.

The Pew study showed that marriage rates for adults in their 20s have declined steadily since 1990 for both groups, but the decline has been steeper for those who did not attend college. And for the first time, the median age of first marriages is the same for both groups: 28. Since 1950, there has always been at least a two-year gap, with those college-educated adults marrying two to three years later than their less-educated counterparts.

October 20, 2010

Divorce Records Used in Political Races

By Wood, Atter & Wolf, P.A.

Divorce records have been used against political candidates by their opponents in Kentucky and Georgia as the election mud-slinging kicks into high gear just weeks before the election.

In Kentucky, Re. Lincoln Davis, who is seeking his fifth term in Congress, is running television commercials about the alleged violent behavior of his opponent, Dr. Scott DesJarlais, from his 10-year-old divorce case. The attorney for DesJarlais’ ex-wife alleged that the doctor “became violent and threatening, dry firing a gun outside the locked bedroom door” and “holding a gun in his mouth for three hours.” DeJarlais denied the incidents ever took place, saying the allegations “were never proven and are simply false.”

In Georgia, a judge will rule on Oct. 26 about whether or not the 2001 divorce records of Republican Austin Scott, who is running against Democratic incumbent Jim Marshall for the state’s 8th Congressional District seat, will be made public. A Democratic activist and blogger filed a motion to get the records unsealed amid rumors that Scott’s divorce files contain allegations of domestic violence and a restraining order.

October 19, 2010

Miami Heat Star In Bitter Child Custody Battle

By Wood, Atter & Wolf, P.A.

Miami Heat star Dwyane Wade’s contentious child custody battle with ex-wife Siohvaughn Wade is making headlines with accusations of child abuse, domestic violence and drug use being hashed out in a Chicago family law courtroom.

Wade is battling his ex for custody of their two sons, ages three and eight. She has accused him of drinking and using drugs, having sex with girlfriends in front of the children, keeping weapons in his home. He has accused her of physically assaulting him and refusing to let him visit his sons.

According to court records, the court appointed attorney for the Wade children has recommended that Dwayne Wade be given full custody of the children, and that his ex-wife should only be allowed visitation if she agrees to undergo “extensive therapy.”

October 18, 2010

Florida Divorce: What to Do With the House

By Wood, Atter & Wolf, P.A.

With so many Florida homeowners underwater on their mortgages, many divorcing couples that want to sell their house are wondering if it is even possible. Mortgage experts say that there are several things to consider when deciding what to do with the marital home in the event of a divorce:

Consider staying put. See if one of you can afford to stay in the home, at least until the housing market improves. If one of you can afford to stay, and you can refinance the mortgage in your name alone, be sure that the other spouse is removed from the deed as soon as the divorce is final.

Sell. If you have to sell, the good news is that Florida homes sales are on the rise, with an increasing influx of foreign buyers. Engage a real estate agent as quickly as possible to get your home on the market.

October 17, 2010

Cohabitation is Popular among Young Adults – What, if any, are the Legal Ramifications of Cohabitation?

By Wood, Atter & Wolf, P.A.

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Today’s relationships are far different from the relationships of the 1930s and 1940s. Many young adults are bewildering their parents and grandparents by “dating” for years, some approaching the decade-long mark. For example, Prince William and Kate Middleton, both 28-years-old, have been dating for nine years. This is drastically different from the post-World War II era, where couples married in their early 20s; now, it’s 28 for men and 26 for women.

An article published by USA Today suggested reasons for the delay to the alter: (1) Sex before marriage is widespread; (2) Two-thirds of couples live together before marriage; (3) A greater pool of potential partners is still available; (4) Young adults worry about divorce – they know some relationships just do not last, they want to get it right; and (5) Society sends mix messages. On one hand popular movies and TV shows portray these ideal romances of finding your one true love and staying a lifetime together. On the other hand, is celebrity culture – couples getting married and divorced multiple times. Society’s mixed messages promote the idea that romantic connections are unstable.

Melissa Trapper Goldman, a 29-year-old documentary filmmaker who is also in a long-term relationship, agrees, stating you hear these pieces of advice: “You’ll just know the one,” which is just not useful. Goldman and her fiancé, Aubrey Clayton, 30, have been dating since January 2005 and got engaged just 5 months ago. During their relationship, Goldman and Clayton moved around the country, Clayton to California for graduate school and Goldman to Boston then Albuquerque. Goldman said it was important to go through these changes together – change after change, they stayed together. Experiencing these changes made Goldman feel secure about their relationship, it proved Clayton was someone she could go through a lot of changes with. Experts say this kind of thinking makes sense. To read more of this article see Young adults are not in a rush to for marriage.

October 16, 2010

Facebook Used as Evidence in Divorce Proceedings

By Wood, Atter & Wolf, P.A.

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Social networking sites such as Facebook, MySpace and Twitter are becoming increasingly popular. However, one area of unexpected popularity is in the courtroom. An article published by USA Today discussed how sharing too much information on social networks has led to an overabundance of evidence in divorce cases. A survey revealed that 66% of lawyers cited Facebook indiscretions as the source of online evidence; MySpace followed with 15% and Twitter with 5%. The categories of evidence are expansive, from pictures of spouses cheating to a father forcing his son to de-friend mom, which would bolster mom’s alienation of affection claim against dad.

Some attorneys, without revealing the names of clients and violating the attorney-client privilege, gave examples of instances when social networks were cited as evidence:

1. While a husband was seeking primary custody of his children, husband also had a Match.com profile claiming his was single with no children.

October 15, 2010

Failure to Pay Child Support Lands Father of 23 in Jail

By Wood, Atter & Wolf, P.A.

A man who is being called the “biggest deadbeat dad in America” was sentenced to 23-48 months in jail for failure to pay child support to the mother of two of his 23 children.

According to court records, the Michigan man was in debt for more than half a million dollars owed in back child support. Howard Veal, 44, has admitted to fathering 23 children by 14 different women. He is currently unemployed, and had been ordered to pay 10 to 100 percent of the $63,000 in back child support owed to Sherri Black, the mother of two of his children, to avoid charges. He told the court he was unable to pay because he could not find a job.

However, Kent County Judge Dennis Leiber called Veal “the poster child for irresponsibility” and sentenced him to more jail time than Michigan sentencing guidelines provided for, saying that Veal is “an insult to every responsible father who sacrifices to provide for their children.”

October 14, 2010

Woman Receives $250,000 Settlement 18 Years After Ex-Husband’s Death

By Wood, Atter & Wolf, P.A.

Twenty years after her divorce – and 18 years after her ex-husband’s death – a Canadian woman has received a legal settlement for over $250,000 in a lawsuit stemming from her original divorce.

When Julie Ladner was divorced from Vancouver attorney Hugh Ladner in 1990, her ex-husband was ordered by the court to maintain a $400,000 life insurance policy to cover court-ordered spousal support of $2,340 per month for her lifetime. However, Hugh Ladner never obtained the insurance policy, and when he died from drowning in 1992, she was left without alimony.

Julie Ladner later sued her ex-husband’s estate for breach of contract, but was unable to recover the full amount because the estate was insolvent by the time she filed suit. She eventually received a $165,000 settlement from the estate.

October 13, 2010

Florida Supreme Court Rules That Passive Appreciation A Marital Asset

By Wood, Atter & Wolf, P.A.

In a unanimous decision, the Florida Supreme Court overturned two lower court decisions and ruled that passive appreciation – the increase in a home’s value caused by inflation and market forces – is a marital asset in Florida, and is entitled to be shared by a divorced spouse who contributed to the mortgage or upkeep on the home during the marriage.

The case involved a Hillsborough County couple, Joseph and Katherine Kaaa, who divorced in 2007. In their divorce case, a judge denied Katherine an award for passive appreciation on a home she and her husband shared in Riverview. Her husband had purchased the home prior to their marriage for $36,000. During the marriage, Katherine had contributed to the mortgage payments and enhancements to the home, which was worth $225,000 at the time of their divorce.

The judge granted Katherine over $18,000 for her share of the enhancements to the home, but refused to award her passive appreciation. The Second District Court of Appeals in Lakeland upheld that judge’s decision.