Jacksonville Divorce Lawyer Blog

August 3, 2010

Florida Divorce: No One Wants The House

With one of the highest foreclosure and mortgage delinquency rates in the nation, Florida homes have suffered devastating losses in equity over the past three years. So it’s no surprise that many Florida couples in the midst of a divorce no longer argue about who gets to keep the house – rather, the argument becomes about who has to keep the house.

Many divorcing Florida homeowners now face the possibility of being tied together not because of the children but because of the negative equity in their homes. This is because, from a lender’s perspective, both spouses are still responsible for the loan, married or not. If one spouse can qualify for a mortgage modification or refinance on their own, problem solved. However, in today’s current economic climate, this is a very big “if”.

Keep in mind, if your spouse cannot qualify for a refinance or mortgage modification without you still on the mortgage and note, do not think a quitclaim deed will absolve you of any responsibility. It will not.

August 2, 2010

Study Finds Divorce in High Conflict Marriages Better for Kids

By Erlinger Family Law

A new study by Montclair State University researchers says that in marriages with a high degree of conflict, divorce is often better for children than “staying together for the sake of the kids.”

The study analyzed the results of a 10-year national survey of 7,000 married Americans and their children. Parents were first surveyed in 1987 about the level of conflict in the marriage. In 1992-93, both parents and children were surveyed and in 2001-2002, the children were surveyed again and asked about their own happiness and the level of conflict in their own relationships.

Researchers found that children who grew up with parents who argued a lot did better in their own adult relationships if their parents divorced. If the parents stayed together, the children were exposed to more years of conflict and were more likely to experience conflict in their own relationships as adults.The research also showed that in the short term, children of divorce experience a crisis period of one to two years, but then “bounce back” from the divorce. Conversely, the survey also found that adult children of happily married couples do not necessarily grow up to enjoy happy relationships themselves.

July 31, 2010

Recent Changes to Florida’s Child Support Laws

By Erlinger Family Law

Effective January 1, 2011, any and all child support orders entered into on or after October 1, 2010 must provide:

1. The termination of the child support shall end on the child’s eighteenth birthday, unless otherwise agreed to by the parties.
2. A child support schedule. This schedule shall state the amount of the monthly child support obligation for all the minor children at the time the order is entered. The schedule shall also provide the amount of child support that will be owed for any children remaining after one or more children in the order are no longer entitled to receive child support.
3. The month, day and year that the reduction or termination of child support becomes effective.

The recent changes also provide the Child Support Guidelines and Principles that will be follow by the Florida family courts.
1. Each parent has a legal obligation to support his or her minor or legally dependent child.
2. The guideline schedule is based upon the parents’ combined net income that the child would be receiving if the parents were still living in the same household.
3. The goal of the guidelines is to encourage fair and efficient settlement of child support issues between parents, as well as minimize the need for litigation.

July 30, 2010

Florida Adoptions – General Information

By Erlinger Family Law

Adoption is a legal procedure where a child becomes, through court action, part of a family that is other than that of his or her biological parents. Adoption is a very serious procedures – all ties are severed with the birth parents and any relatives of the birth parents. The adopted child is permanently transferred into the adopting family and the adopting family takes on the sole responsibility of care for the child.

Adoption will generally mean that the birth parents relinquish all their rights pertaining to the adopted child – this includes the right to see or otherwise be involved in the child’s life. However, in an open adoption, birth parents retain the right to see and communicate with their child and the adopting parents take on the full responsibility of providing the child care and fulfilling the financial needs of the child. Basically, to the adopting parents, an adoption means that they have the same obligations of parents to the child as a child naturally born to them.

Who is eligible for a Florida adoption? Any minor (a person under 18-years of age) present within the state of Florida when the petition for adoption is filed. Sibling groups may also be adopted together in Florida. Adults may also be adopted with a similar procedure to that of minors.

Who may adopt a child in the state of Florida? Any adult who lives and works in the state, is of good character and has the ability to nurture and provide for the child. Single adults, married couples and step-parents may adopt.

July 29, 2010

Who Can Adopt In Florida?

By Erlinger Family Law

This is a question I get on a regular basis from potential clients. The Florida Statutes outline who can and cannot adopt in the state. Fla. Stat. 63.042 states that a husband and wife jointly may adopt, an unmarried adult may adopt, and a married person without the other person joining as a petitioner under certain conditions specified in the statute. Although there has been significant controversy surrounding the issue, the statute specifically denies anyone who is a homosexual the right to adopt in Florida.

Adoptions can be confusing and there are numerous requirements set out in the statute that must be adhered to in order to prevent your petition from being dismissed. For stepparent adoptions, close relative adoptions, and adult adoptions the requirements of the statute are slightly less convoluted. However, the process for adopting any child that does not fit in one of the above categories is complex and requires a knowledgeable attorney or adoption agency to guide you.

If an adoption is not handled correctly a birth parent can potentially challenge the termination of parental rights or adoption and get the child back. This result can have a traumatic effect on all of the parties involved. Foreign adoptions are even more complex and deserve their own article to touch on some of the major issues involved. We will cover some of the issues involved there in another article.

July 26, 2010

Florida Father Awarded Temporary Custody in Case of Former Teacher Posting Nude Photos of Children on the Internet

By Erlinger Family Law

A former Naples elementary school teacher has been ordered to undergo a psychosexual examination after losing custody of her two children because she posted nude photos of herself and the children on the Internet.

Nicole Amanda Newland, who is currently undergoing a divorce in Collier County from her husband Eric Newland, lost custody after the nude photos were given to state law enforcment officials by her estranged husband. She was granted supervised visits once a week and is currently facing a state charge of Neglect of Child-Without Great Bodily Harm.

Nicole Newland has been accused of posting nude photos of herself in suggestive positions on the Internet as well as describing a “rape fantasy” online. Attorneys for her husband have argued that this endangers the children and she should not be granted unsupervised custody, which she is currently seeking.

July 25, 2010

Nationally and in Florida, More Fathers Are Getting Custody

By Erlinger Family Law

For the first time in U.S. history, women outnumber men in the workplace. This is bound to have some profound implications for what is already a growing trend in child custody cases: fathers being awarded primary physical custody of their children.

Earlier this year, a feature article in Working Mother Magazine noted that there are currently about 2.2 million American women who do not have primary custody of their children. Researchers credit the increase in fathers gaining custody with the growing number of fathers’ rights groups, which are educating more men on their parental rights as well as how to successfully petition the court for custody.

The article noted that it is not unusual today to see fathers succeed at least 50 percent of the time when seeking sole custody in a contested child custody case. The report said that in the past decade, the number of fathers who gain custody of their children has doubled as men become more involved in raising their children – not only because of their increased desire to do so, but also because more mothers are in the workplace today than ever before.

In fact, 25 percent of today’s married women earn more than their husbands, which has also led to the rise of another trend: more women are paying child support and, in some cases, even alimony.

July 24, 2010

Cheap Florida Divorce…What Are My Options?

By Erlinger Family Law

I have clients and potential clients ask me all the time…”What is the cheapest way to get a divorce in Florida?” Before I answer them, I remind myself that this is a loaded question with no correct answer. The reason I hesitate is that there are an endless list of variables that effect divorce proceedings and the expenses involved. For starters, divorce proceedings are emotionally charged by the very nature of the underlying dispute. Married couples often have a hard time letting go of the grudges that exist between them which generally have no place in the court room. Overcoming these feelings of animosity is one of the biggest challenges Florida divorce attorneys face.

Some people ask me if filing a divorce in Florida on their own without the help of an attorney will save them money. This is another question with no right or wrong answer. What I tell them is that the divorce laws in Florida are complicated. It takes lawyers several years just to become adept at handling family law cases. In addition, the laws tend to change frequently as do the courts’ interpretations of the existing law. Different jurisdictions may handle certain issues in divorces in slightly different manners which can have long-term and far-reaching effects once the divorce is final. It is impossible for a couple going through a divorce for the first time to get a complete grasp on all of the pertinent laws and procedures for a particular jurisdiction with a specific judge without having done it before.

One judge I have appeared in front of many times before likens filing for divorce in a Florida court without using an attorney to going to a hospital and asking the surgeon to give you a scalpel and then telling her/him that you will handle the surgery from there. It may seem doable but the long-term effect can be devastating. Although attorneys’ fees seem expensive, they may ultimately save you from making an expensive mistake that costs you much more money in the long run.

July 20, 2010

No Prenup in Kelsey Grammer Divorce?

By Erlinger Family Law

According to a number of Internet news reports, TV star and producer Kelsey Grammer has broken the golden rule in Hollywood Marriage 101 by not having a prenuptial agreement in place when he married wife Camille 13 years ago.

The Grammers are divorcing and the former “Frasier” and “Cheers” actor could be looking a huge financial loss. The actor allegedly tried to declare his earnings from “Frasier” as separate property; however, this can only apply to his earnings prior to his 1997 marriage to the former Playboy model. Which means that the earnings from seven seasons of the show – at a reported $1.6 million per episode during the last season – as well as syndication earnings could be up for grabs.

The couple split due to “irreconcilable differences” in July. In her filing, Camille asked the court to award her with primary physical custody of their two children — an 8-year-old daughter and a 5-year-old son – and grant visitation rights to Kelsey. She has also petitioned the court for spousal support.

Kelsey has requested joint physical custody of the children and is also asking the court not to award any spousal support to his estranged wife.

July 19, 2010

Divorce and Retirement Plans – How is your Retirement Plan Distributed in a Divorce Proceeding?

By Erlinger Family Law

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Under Florida Statute sec. 61.076, any benefits and rights accrued during a marriage from a retirement, pension, profit-sharing, annuity, insurance plans and programs or deferred compensation are considered martial assets and are, therefore, subject to equitable distribution under Florida Law. For military retirement or retainer pay the following criteria must be met: you and your spouse were married for at least 10 years, one spouse was a member of the federal uniform services and gave at least 10 years of credible service, and the division of the marital property includes a division of military retirement or retainer pay.

Equitable distribution divides martial property based on principles of equity. In states that employ equitable distribution (among them is Florida), the courts will consider a number of factors to determine how to divide the marital assets and liabilities upon divorce. Equitable distribution is not necessarily a 50/50 split of all the martial property and debt – equitable does not mean equal.