Written by: Lenorae Atter, Attorney

1183643_must_be_true_its_written_in_books.jpgDivorce with children can be complicated, and in Florida, may require a parenting class to help deal with it. Florida divorces involving children have a requirement that the parents attend a parenting class previously approved by the Department of Children and Families (DCF). In some paternity cases in Florida, the parents are required to attend the same class that divorced parents attend given that the issues are similar in dealing with the children having, in essence, two homes.

There are online classes available, but they may not be permitted or used in the courts where you reside. For example, an online course is allowed for those who have a divorce case in St. Augustine, but not in Jacksonville. Unless a parent resides out-of-town, the parents in a Jacksonville divorce are required to physically attend the class.

Written by: Lenorae Atter, Attorney at Law

1388612_market_movements_2.jpgAlimony is not guaranteed in a Florida divorce. Though there are certain people that believe that simply because they are married that alimony will be awarded in a case where one party makes even just a little more than the other. The fear of filing for divorce often stems from such myths that circle throughout social networks and news. However, Florida is a little more methodical in its legal approach to an award of alimony. For example, the Florida legislature has provided guidelines to establish when alimony may be awarded in a divorce and has provided a guideline for the length of the alimony as well. Therefore, simply being married does not necessary mean you or your spouse are entitled to alimony payments, and it does not mean that if you do have an alimony case that the alimony will necessarily be forever.

Alimony in Florida is designed to provide support when the marriage meets certain criteria, in determining such, there are factors to consider such as: length of the marriage, contribution to the marriage, status quo of the marriage, education of the parties, and many other small details. Also, there is are different forms of alimony: permanent, lump sum, rehabilitative and bridge the gap.

Written by: Lenorae Atter, Attorney at Law

1358390_sunset_over_a_lake.jpgFlorida has been known as a great place to retire. In a Florida divorce, however, there is also laws that indicate that anything accumulated during the marriage (with some exceptions) is marital and each spouse should get half of the marital property, assets and debts. Recently, Bowling Green State University conducted a study on the divorce rate amongst couples that are in their golden years. The study showed that for people over 50, the divorce rate has doubled over the last 20 years. According to the study, between 1990 and 2008, divorce amongst individuals over 50 has more than doubled.

The new trend has been referred to as, “the grey divorce,” and seems to only be increasing over the years. There are many reasons believed to be associated with this new phenomena, including the fact that individuals are healthier, look younger and have a different outlook on life in general than was the case in the earlier parts of the 20th century. Also, the fact that divorce no longer has the social stigma it once did has made divorcing seem more normal in the last twenty years than it had previously.

Written by: Lenorae Atter, Attorney at Law

1228830_wooden_box.jpgAlimony is a common issue in many Florida divorces. The award of alimony in Florida is based on a number of factors, including but not limited to: length of the marriage; contribution to the marriage; standard of living created during the marriage; the need for ongoing spousal support; and an ability to pay spousal support. Once alimony is awarded, unless the order states otherwise, it may be modified upon the occurrence of a substantial change of circumstance of one or both parties. For example, if a former spouse inherited a large sum of money, then there may be reason to modify or terminate the alimony.

In a divorce, a future expectation of an inheritance cannot be factored into the award or determination of alimony. The reason is that wills and estate beneficiaries can be changed and the court must rule based on the actual financial situation of the parties at the time the divorce occurs. So, even if the Husband believes his Wife will inherit $1 million upon the death of a relative, the inheritance cannot be factored into the spousal support need unless it has actually been paid to the Wife.

Written by: Lenorae Atter, Attorney at Law

1391967_baby_hands.jpgAs a Jacksonville Family Law attorney, often I am asked whether Florida allows homosexual couples to adopt children. In the recent years, Florida has been in the spotlight for the gay adoption ban that exists here in the state. With celebrities like Rosie O’Donnell publicly adopting and living in Florida, many think that it is now a non-issue. The fact is that Florida remains semi-silent on the issue of homosexual adoption in that there are presently cases that provide law showing that the ban is unconstitutional. The decision was reached in a South Florida case and was later the topic of another adoption. After the cases were heard, the Department of Children and Families (DCF), the original party to the suit, decided not to appeal to the Florida Supreme Court and thus, the ban has been lifted, in theory at least.

Now, the question remains whether all parts of the state will follow suit in allowing homosexuals to adopt children in need of a family. Though DCF has historically allowed gay couples to foster children, they have been reluctant to allow gay couples to adopt. The agency with which a couple works may be the telling factor in how well the adoption process works for gay couples. Though the ban was ruled unconstitutional, the true tests have not been measured in certain parts of the state and only time can tell.

Written by: Lenorae Atter, Attorney at Law

images.jpgThe Second Circuit Court of Appeals ruled the Defense of Marriage Act unconstitutional on Thursday, October 18, 2012. The Defense of Marriage Act is basically the proposition that marriage is only legal between a man and a woman. This is the second opinion to be state, for different reasons, that DOMA is unconstitutional, the first was by the First Circuit Court of Appeals. This time, however, the court seems to have laid greater groundwork for establishing a basis for the unconstitutionality and threshold that must be met to rule the Act constitutional.

The shift in the opinion is not that the overall outcome is different, but that the law established through the opinion gives a higher scrutiny to the issue than was done by the First Circuit Court of Appeals. The first ruling was based on a lesser evaluation of the constitution, which is the “rational basis” test. This basically is like an overseeing of the law for purposes of changing legislation in the future. The question is whether there is a rational basis for the law that has been passed. In many cases, the legislation will change to provide the rational basis rather than simply changing law because the first did not meet the standard. Therefore, the overall decision is one that can be beaten with proper wording changes down the line.

Written by: Lenorae Atter, Attorney at Law

252256_nest_egg_ii.jpgWhen divorcing in Florida, there can be an issue regarding the marital home and dividing the property between husband and wife. The parties may reach an agreement about which spouse will take the property, for financial reasons or the like. This is quite common in a divorce, especially when the house is worth less than what is owed on the property, the parties do not worry so much about splitting the debt as they would in dividing equity. Working as a divorce lawyer in Jacksonville, Florida, I often have clients that are concerned about the condition of the home at the home of the division due to costs associated with any repairs that may be necessary.

Issues generally arise for spouses when one spouse has lived in the home during the divorce and the other is awarded the home at the end of the divorce. Issues may arise regarding the condition of the home and prompt questions of whether the party living in it previously is responsible or the spouse that was awarded the home. For example, in Husband decides to leave the marital home and file for divorce. Wife remains in the home while the divorce is pending and decides to ignore the home with regards to yard work, and decides to tear up the carpeting. Husband is awarded the home at the end of the divorce and moves back in to find that repairs of $2,000 are needed. Which spouse is responsible for those repairs?

Written by: Lenorae Atter, Attorney at Law

1169459_money_or_mariage_3.jpgWhat are things that need to be considered when trying to reach a Florida divorce agreement? Many people think that a divorce is going to be ugly, no matter what they may do. However, as a divorce lawyer in Florida, I am often surprised by how many people come into my office with most everything agreed upon and just need the divorce papers formalized. However, often these people have discussed the main issues, like the marital home, but have forgotten other details, like retirement division. So, when you are trying to reach a divorce agreement, what are the things that you should both consider when separating your property, debts, and the like?

First, you will both be required to fill out a financial affidavit regardless of having consent agreement. Therefore, if may be helpful to start with a financial affidavit to actually see what income you have, what expenses you each have and what your actual debts and assets are. Once you have completed that document, it can be helpful to look over the other spouse’s to see what she/he may be claiming and what is marital versus non-marital. If it was purchased prior to the marriage, then it is marital. If it is a gift, typically the gift will stay with the receiving spouse. If something is an inheritance (with some exceptions) then it is most likely non-marital property/debt.

Written by: Lenorae Atter, Attorney at Law

1194017_wooden_building_blocks-1.jpgIn Florida, alimony is based on a number of factors, including length of the marriage, contribution to the marriage, a party’s ability to pay alimony and the other party’s need for support. Over the years, the court has found that if the spouse receiving alimony begins to cohabit with someone, in a supportive relationship, then that could be grounds for modifying alimony. However, what happens if the ex-spouse that receives alimony is living with someone else, but that person is not assisting with the bills, can alimony be reduced because of the actual cohabitation with another?

On or about October, 3, 2012 Florida’s Third District Court of Appeals (DCA)located in the Miami-Dade area, heard a case regarding this topic and issued an opinion on whether simply living with another gives rise to modifying alimony. In Murphy v. Murphy, 3D11-1604 (Fla. 3rd DCA October 3, 2012), the paying party was asking the court to reduce or terminate the alimony obligation because the Former Wife was residing with another man. The court was asked to apply Florida’s Cohabitation Statute as it relates under family law legislation as stated § 61.14(1)(b)(2), Florida Statutes (2012).

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