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Filing for divorce, child support or timesharing modifications in Florida require that you be a resident of the state. Residency is determined based on Florida Statute 61.021, which requires that an individual be a resident of Florida for at least six (6) months prior to filing an action within the State Court.

Residency can be determined by a number of factors, the most common of which is your drivers license. If you have moved to Florida, make certain to get your new drivers license immediately, so that you can prove your residency when the time comes.

Another way to prove residency is by providing a lease agreement, utility bills, or by having an affidavit signed by a neutral third party that can verify you have lived in the State for the required period of time.

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In accordance with Florida Statute 61.183,the Courts have the ability to send contested matters, such as equitable distribution, timesharing, etc. to mediation. Mediation is a place where both parties can work at reaching a settlement agreement. The parties and their attorneys present to a mediator (a neutral third party) that assists both sides in finding common ground and determining whether the contested issues can be resolved without the need for trial.

This process is helpful to the parties involved because it allows them to have a little more control over the outcome of their case than if they were to present their sides in trial and the Judge ultimately makes the final decision. Mediation is a great way for parties to also work through some matters that the Court is not required to hear (setting up college tuition for the children).

Another benefit to the mediation process is that the parties ultimately understand that the other is giving something up to help reach an agreement. This can be good for ongoing relationship building, especially when the parties have children together.

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The question of alimony has no easy answer. In Florida, alimony depends on a number of factors. In a Florida divorce the court may grant alimony that is rehabilitative or permanent in nature. Alimony payments may be in the form of lump sum, periodic payments, or a combination of both. The adultery of either spouse in a divorce may be considered if marital assets were dissipated in furtherance of that realtionship.

Some of the factors to be considered by the court in awarding alimony are:

1) The standard of living established during the marriage;

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World famous broadcaster and renowned interviewer Larry King and his wife Shawn Southwick each filed for divorce on Wednesday, April 14. The couple has been married for over 10 years and have two young children. Larry King, 75, has been married 8 times to seven different women. He married one of his ex-wives a second time.

The couple has reportedly had ongoing problems in their marriage including an allegation that King had an affair with Shawn’s sister Shannon Engemann, although King and Engemann both deny the affair. King has told the press that he did not sign a prenuptial agreement with Southwick. King is reportedly worth over $100 million. In California married couples split earnings acquired during the marriage.

In Florida, the equitable distribution of marital property is one of the most litigated aspects of divorce. There are a number of laws you need to know about if you are getting divorced in Florida. A Florida Family Law Attorney can help you preserve your rights and protect your property. Navigating the Florida Family law statute by yourself can be a dangerous proposition. Final divorce judgments can have adverse, long-lasting consequences. If you have questions about a divorce contact a Florida Family Law Attorney.

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DivorceBattle.jpg Recently, a Long Island doctor donated his kidney to his wife to save her life. Eight years and one extra-marital affair later, the doctor demanded the return of his kidney or $1.5million in compensation in their divorce lawsuit. His claims are presuming that his kidney will always be his property, and that this property was “on loan” to his wife.

In California, a man attempted to cut out the breast implants he bought for his ex-girlfriend. He asserts that he was trying to recover what rightfully belonged to him, since he paid for the augmentation. The ex-girlfriend suffered six stab wounds; the scorned lover is being prosecuted for attempted murder.

I published an article about compensating people who contribute body parts for the advancement of science and medicine, entitled Stealing What’s Free: Exploring Compensation to Body Parts Sources for Their Contribution to Profitable Biomedical Research. In general, these contributions are considered gifts: the source does not get compensated, and does not get the body parts back. In analyzing the two headline-making stories above, I would fathom a guess that these guys are out of luck. The intent of donating the kidney and funding the breast augmentation was to give a gift–once given, it can’t be taken back. From the reports I’ve read, I would be shocked if a court ordered these women to undergo surgery to return the gifts.

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PoliceCar.jpgThe National Center for Missing and Exploited Children reports that three hundred and fifty thousand children are abducted by a family member each year. The abductions are usually committed by a non-custodial parent who is unhappy with the child custody arrangement mandated by the court.

Representative Darryl Rouson, a Democrat from St. Petersburg, Florida, recently introduced a bill to the Florida House that would help protect Florida’s children from parental abductions. House Bill 787, also called the “Child Abduction Prevention Act” gives judges more discretion to fight familial child abductions.

The act identified risk factors that the courts may consider in a child custody case, to determine if a child is at an increased risk of abduction by the non-custodial parent or other family member. If the judge determines that there is a real risk of domestic or international abduction, he or she may put in place preventative measures that will help keep the child safe. These can include requiring the non-custodial parent to seek written permission to travel with the child across state lines, or to post a bond when travelling out of the country with the child.

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OnTheRun.jpgAccording to Florida statutes, children subject to a custody agreement may only be relocated if an agreement is reached between parents, guardians and any other person who is entitled to spend time with the child. All of these parties must agree in writing that the child may relocate with one of the parents or guardians. The written agreement must spell out the new location, the consent to the new location, and define a new time-sharing schedule for any of the parties who are not relocating. It must also spell out who is responsible for transportation costs associated with child visitation.

If one person does not agree to the relocation, the parent must file a Petition to Relocate Minor Children with the court. The petition must be served on any parties who are entitled to partial custody or visitation with the child. The petition must include the proposed new location, the date of the requested relocation and give detailed reasons for the request along with any evidence of the cause of the relocation, such as a new job offer. It must also include a proposed visitation schedule, including proposed travel arrangements.

The other parties served with the petition have twenty days to object to the court in writing. If they fail to do so the court will allow the relocation, as long as it is in the best interest of the child. If you would like to relocate and are subject to a child custody agreement, it is best to consult a qualified attorney who can help make sure all of your paperwork is in order and that you are in compliance with the law.

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Divorce1.jpgEspia Gatson is one of twenty one speakers who take part in the Jacksonville Faces of Homelessness Speakers Bureau. The bureau was formed to bring to personal stories of Jacksonville’s homeless to the school groups, Rotary lunches, and other events that are usually addressed by civic leaders and celebrities.

Gatson wears a suit and tie when he addresses audiences, like the forty second graders he addressed recently. He told the children about how, despite a previously successful career, his divorce in 2003 sent him into a financial and emotional downward spiral that left him living on the streets and in homeless shelters until just a month ago.

As part of his talk, Gatson asks the children to close their eyes; when they open them he is dressed in torn clothing and a battered hat. He asks the children if he is still the same man inside. They answer with an enthusiastic “yes.”

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Miami.jpgShaquille O’Neal and his wife Shaunie have reportedly finalized their divorce in a Florida family law court, and it will soon be finalized. Ms. O’Neal is speaking to reporters about the breakup of her marriage, and she doesn’t have anything nice to say about Miami, Florida.

According to Ms. O’Neal, the basketball “groupies” in Miami are much worse than those she was used to dealing with in LA. After Shaq got traded to the Miami Heat, Ms. O’Neal says it was hard to deal with the women in the stands, who were scantily clad and trying to meet her husband. She says she now realizes that she and O’Neal didn’t “have a strong enough foundation” to withstand the temptation and the alleged incidents of cheating that took place in Florida.

Ms. O’Neal was also accused of cheating on O’Neal with her personal trainer, a charge that she denies. She will be featured in an upcoming VH1 reality TV show that will follow the lives of the wives, girl-friends, and exes of NBA stars. Ms. O’Neal reports that now that the divorce is final, she and her soon to be ex husband are working on becoming friends again.

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Florida.jpgI recently wrote a blog article about dissolution of marriage in Florida. Today I am going to cover one of the types of dissolution available, called a “Regular Dissolution of Marriage.” This is the most common type of dissolution in Florida.

To start the regular dissolution process, either the husband or the wife may file a petition of dissolution of marriage with the circuit court, stating that the marriage is “irretrievably broken” and setting out what he or she wants from the court. The other party then has twenty days to file an answer to the original petition. When they do so, they have the right to address the matters laid out in the original petition and to add any other issues they want to be addressed by the court.

Florida family law court rules require that the two parties then provide each other with certain financial documents and a financial affidavit within forty five days or before any at
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