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When Michael Gough’s ex-wife moved to Wisconsin from Utah with their 4-year-old daughter, Gough knew he had to do something to keep in touch with his child. He has pioneered the concept of virtual visitation, reading his child stories and even watching her open Christmas gifts over the internet. It wasn’t easy though – Gough had to convince a judge that he should be entitled to electronic contact with his daughter in addition to face-to-face visits.

In 2004, Utah made history by making virtual visitation part of divorce legislation. Wisconsin, Florida and Texas have followed suit. Pennsylvania, Florida and Illinois have also developed programs to allow incarcerated mothers to connect with their families online when they can’t come to visit in person.

While virtual visitation can never take the place of real contact, there is no doubt that it can ease the stress on children when they move far away from a non-custodial parent. The technology available today is a vast improvement over telephone calls, allowing parents to interact with their children face-to-face even when they are far away.

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A business is often the most valuable asset in a marriage. As such, it can be one of the most contentious points of a divorce. Married business owners can and should take steps to minimize the impact on their business in case of divorce.

The business should be included in a pre- or post-nuptial agreement. The parties should be specific about what rights the non-participating spouse has to the business and how it would be split up if the marriage ends. If applicable, details about what valuation method will be used for the business should be included.

No one likes to plan for a divorce, but proper planning can make a huge difference in the viability of a business going forward. Divorces can be complicated and emotional; having a plan in place for the business can ease the stress and the cost of a divorce by expediting the settlement.

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Divorces are usually marked by battles over property and child custody issues. Deciding who gets to keep the family pet can add a whole new topic for couples to fight over. Who gets to keep the dog, cat or lizard is a topic that comes up frequently in divorce proceeding, and, like everything else, can be a difficult and emotional issue to deal with.

In Florida, as in most other states, pets are considered property – which means they are subject to ownership, not custody. That means that “joint custody” is not an option in Florida. Legally property can only be awarded to one party in the divorce. A pet acquired during the marriage is considered joint marital property, even if it was given as a gift from one spouse to the other.

Couples have much more flexibility in deciding what will happen to the pet if they come to an agreement outside of court. If the divorcing couple cannot agree between themselves who should keep the pet, the judge must award it as property. Judges will consider who spent the most time with the pet, who took the most care of it and who is more bonded with the animal when making a decision.

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

In my family and divorce law practice in Jacksonville, Florida, I get many cases that I feel are ripe for dissolving the marriage in a collaborative setting. Collaborative law encourages the use of financial professionals and mental health professionals early in the negotiations to help reach an amicable, fair solution for dissolving the marriage and for dividing the assets of the parties. However, some people get nervous when the term mental health professional is mentioned. The mental health professionals (MHP) role is not to analyze the parties or to perform therapy on the parties or the children. The MHP is a neutral third party whose job is to keep the parties focused on the objectives of the negotiations, to manage emotions and to facilitate communication. Please call our firm for advice on dissolution of marriage, child support, child custody, settlement agreements, postnuptial agreements, grandparent rights, alimony and division of property issues.

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Children of parents who have filed for a divorce or are already divorced can now participate in free divorce classes in the state of Utah. The classes are for children aged 9-11 and are taught by a mental health professional, who helps the children learn how to communicate more openly with their parents during this difficult process. There are also free classes offered in North Florida through certain church affiliations and also through The Jacksonville Children’s Commission.

Divorce is always hard on children, especially older children and pre-teens. This program from the State of Utah is a commendable effort at easing a difficult time for children in need. Even in the face of economic trouble, it is encouraging to see the state continue to fund support initiatives for children and their families.

If you are 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

Just because spouses separate does not mean that their finances are now considered to be separate by a court in Florida. In Florida, if you are acquiring assets or liquidating assets while you are separated, you must be very careful that they are not marital ones or you could become liable to your spouse to repay your spouse’s share of the asset or to divide the asset with your spouse. I read a case where a woman had been separated from her husband for 22 years and neither party ever filed for divorce during that time. During the period of separation, the woman bought a house. When the time came to finalize the divorce, the woman’s husband had a 50% interest in the house as she had purchased it during the marriage. Please call our firm if you have questions regarding division of property.

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Florida and Indiana each have three counties that made the top ten list of highest divorce rates for the US. The Florida Counties are Monroe, Putnam, and Pinellas. Divorce experts point to a number of factors that could be contributing the high divorce rates, including the bad economy adding stress to already troubled marriages. Other reasons mentioned were the party atmosphere of the Keys that encourages immature behavior and even alcoholism. But some Florida residents pointed out the fact that many divorcees come to Florida to start new lives after divorcing in another state.

Whatever the reason, being the “divorce capital of the US” is hardly a distinction either Florida or Indiana welcomes. But if you are a resident of the Jacksonville area of Florida and you find that you would like to dissolve your marriage, please contact our firm for legal counsel.

You can read more at High Divorce Rates in Ind., Fla. Counties.

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

In Jacksonville, Florida and in all counties in Florida, if children are an issue in a divorce case, the courts will require that the parents attend and complete a parenting course or divorce class. In Jacksonville, Florida, the class is called Children First In Divorce. The purpose of the class is to teach the parties how to put their emotional beliefs aside and to focus on helping the children get through this very difficult process. The Hope Haven Children’s Clinic offers the class to those located in the Fourth Judicial Circuit which encompasses Duval, Clay & Nassau Counties in Florida. All states require some form of children first in divorce. Please call our firm for advice on how to set up your class and on how to proceed with your divorce.

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An emerging divorce method, using what is called a “collaborative process,” brings legal, financial and mental health professionals together to help encourage cooperation between the divorcing couple. The method is starting to gain momentum as the Florida Bar has drafted legislation to codify collaborative divorces into Florida state law. The Jacksonville Bar Association recently sponsored a seminar on the topic, which drew a large percentage of mental health professionals.

Currently, collaborative divorce is a voluntary process that is entered into when a couple signs a document stating that they will not take their divorce to court. Financial and mental health counseling is included as part of the process. An added benefit is that a collaborative divorce usually costs significantly less than litigation. It also allows families to structure financial details with more fluidity than is usually the case in traditional divorce proceedings. The process not only eases the divorce process for couples and their families, it also eases the case load on family court.

Any divorce method that cuts down on fighting and animosity is good for both the couple and their children. People who are under the stress of a divorce can only benefit from having a team of professionals help them work their way through all the details amicably.

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Starting Monday, October 19th and running through January 31, 2010, parents have the opportunity to lock in the 2009-2010 tuition rates for Florida state universities by enrolling their children in the state-sponsored Florida Prepaid Plan. Under the plan, any child may be enrolled, from birth until they reach their junior year of high school. Parents, guardians or other relatives can pre-pay the tuition all at once or make monthly payments. If the child opts to attend a private or out-of-state school, the money can be refunded or transferred to the chosen school.

In a divorce, the courts do not require either parent to pay for college or to have a child support obligation after high school. But it frequently comes up in the dissolution and settlement process. Locking in tuition rates under the Florida Prepaid Plan is a great idea for any parent, even if they are in the middle of a divorce.

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

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