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Movie stars, millionaires and other VIPs work very hard to keep their personal details private – especially when it comes to divorce. They claim they have a greater need for concern about identity theft. For business executives, the business itself can intervene to protect confidential company information that might come out in the divorce. Of course, news organizations are fighting to keep everything in the public domain. The controversy pits privacy against the first amendment.

Certainly the same concerns exist for non-famous wealthy couples, who may want to keep their financial documents and dirty laundry out of the public domain. There are ways to keep the divorce settlement confidential in Florida, and we are a law firm that knows the ins and outs of accomplishing the goal of confidentiality in Florida for high end divorce settlements.

If you are considering divorce, and want to keep the details private, contact our firm for expert legal counsel.

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In Florida, the courts in Miami overturned the ban on gay adoptions in August 2009. Judge Cindy S. Lederman wrote in her opinion that excluding gay couples defeats Florida’s mission to provide all children permanent families. The state has claimed that gays are more likely to suffer from psychological imbalances and substance abuse than heterosexual couples, although several well-respected organizations have said that gay parents do not negatively affect a child’s upbringing.

A statewide resolution must be determined by an appellate court before the ban is officially lifted. Florida is the only state to ban homosexuals from adopting children. A few other states prevent unmarried persons from adopting children, which effectively bans gays, who are not legally allowed to marry in those states. Mississippi allows single people to adopt, no matter what their sexual orientation, but prohibits same-sex partners from adopting jointly.

The state attorney general’s office has appealed the decision so the gay and lesbian community in Florida await the decision to see if they will have the “right” to adopt in Florida.

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Many clients need immediate help when they first start going through a divorce. The idea that a divorce can take many months to finalize is very upsetting for most people. But there are temporary motions that can be filed to address issues such as temporary child support, custody, possession and occupancy of the marital home and the like. Temporary orders are legally binding guidelines that both parties must follow until the divorce is finalized.

Some common items covered in a temporary divorce order include:

– An agreement not to use the other party’s credit or make a large purchase without advance written notice

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John Marcotte, the backer of a California ballot initiative that would ban divorce in California was authorized to begin collecting the signatures required to put the constitutional amendment on the ballot. He will need to collect the signatures of 694,354 registered voters before March 22, 2010.

The amendment would eliminate the current California law that allows married couples to divorce. Couples would still be allowed to annul their marriages. The initiative claims that the amendment would save the state of California “hundreds of millions” of dollars spent on divorce proceedings in California courts.

While an interesting approach to fiscal responsibility in California, the move begs the question of why Marcotte wouldn’t initiate an amendment asking divorcing couples to pay their court costs, rather than denying them the right to a divorce.

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Military divorces are subject to certain laws that are not applicable to civilian divorces. As an example, those active in the military are entitled under federal legislation in some cases to delay a divorce or to take advantage of court-appointed counsel. Additionally, military pensions are subject to different rules than private retirement accounts or other types of pensions. Calculating alimony and child support is also affected by federal regulations, as is the location of the actual divorce proceedings.

As a Jacksonville, Florida law firm, Wood, Atter & Wolf, P.A., specializes in military divorces and is well prepared to deal with the unique issues that a military family has to deal with, such as child custody as a result of deployment as well as how to divide and calculate military pay and pension.

If you are an active service member who is considering divorce, please contact our firm for expert, compassionate legal counsel.

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

I get a lot of calls in my Jacksonville, Florida divorce law practice asking if a new step-parent’s income can be used when calculating or modifying a child support obligation. The answer under Florida law is “no”. Only the gross incomes of the mother and father are used in calculating a child support obligation and this does not change if one spouse remarries. Even if one spouse remarries, is not employed and is living on the ocean due to the new spouse’s income level, the courts will only consider the gross incomes of the parents to the child. If you have a child support question or a modification of final judgment issue, please call our firm for sound, caring advice.

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For parents going through a divorce, keeping things civil can be difficult. Not keeping things civil can be difficult for the children involved. As divorcing parents are starting to look for alternatives to fighting over and in front of the kids, co-parenting classes are gaining in popularity. Co-parenting classes are designed to help parents deal with conflicts that come up about the kids after the couple has split. The classes can help parents deal with their anger and frustration in more positive ways, working together to solve issues before they became a fight.

Divorce is a hard time for children, and it is even harder if the parents are not getting along or not speaking to each other. Co-parenting teaches adults much better ways of coping with disagreements, which not only eases the burden on the children, but models positive interactions that they can use in their own lives.

If you are considering divorce, please contact our firm for expert, compassionate legal counsel.

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When Karin Seruga and Richard Zinn got married, Seruga owned the trademark to an appliance called the Artofex triple-action – an industrial mixer that stands six feet tall and weighs over two tons. When the two divorced, it sparked a dispute over the US trademark that has lasted over 12 years.

Zinn has continued to use the Artofex name in his bakery machine business even though his ex-wife owns the trademark to the 100-year old name. A federal judge recently ruled in Seruga’s favor, awarding her company over $500,000 in damages. Zinn’s lawyer says that he will appeal the decision.

This case demonstrates the need for parties to be clear about the ownership of assets brought into the marriage before a dispute arises. This couple has denied themselves the closure of finalizing their divorce because of this dispute; a simple pre-nuptial agreement could have saved them 12 years of legal battles.

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by Whitney R. Lonker, Wood, Atter & Wolf, P.A.
wlonker@woodatter.com

In September 2009, new census reports came out showing that the divorce rate in Florida is higher than any other state in the nation! Indiana came in a close second. The counties that had the highest number of divorces in Florida for 2009 were Pinellas and Putnam counties. Many of these divorce cases involved children and contained issues involving child support, custody, social investigations, formerly known as custody evaluations, which can oftentimes cost in excess of $2,500.00. If you live in Florida and have a question regarding a divorce or child custody, child support or social investigations, please call our firm at 904-355-8888 to speak with me for advice.

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