florida family law

June 26, 2018

With a Florida Divorce Pending, What Happens with the Property and Children Until Things are Finalized?

Copurt-Order-300x242 Dissolving your marriage in the State of Florida , in many cases, is a lengthy process. Issues of property division and child timesharing cause couples to have conflicts without a great deal of guidance when they are attempting to finalize their plans moving forward. If you are divorcing in Florida, and specifically in the Jacksonville area, courts enter a standing family law order, once a divorce is filed with the clerk of court. This order provides some guidance on how couples should conduct themselves during the pendency of a divorce.

First, these orders prohibit one spouse from selling or hiding property, owned either individually or as a couple. This order will typically hold off a spouse from cleaning out the bank accounts, selling off personal or real property, or hiding assets that ultimately need to be divided in the divorce. One tip that is essential to moving forward is to take a copy of this order to your bank upon receiving it, so that your financial institution is aware of the current status of your marriage, and protections can be put in place for your money.

One exception to this provision to the taking of assets is when a spouse needs to sell an asset for usual household expenses or attorney’s fees. In these cases, your spouse may be able to sell an asset without your consent in order to make financial obligations. This is another area that may cause continuing conflict, and could be avoided through communication or representation by an experienced family law attorney.

February 23, 2018

My Former Spouse is From a Foreign Country and Wants to Take the Kids. What are My Legal Rights?

By Wood, Atter & Wolf, P.A.

Travel-Out-of-the-Country-300x300 Love knows no boundaries, and multicultural families are very common in our society. Things, however, become complicated when couples separate, and at times, intense emotions lead can lead to bad decisions. At times, foreign spouses threaten to take a child or children out of the United States, leaving the American born spouse in fear of losing the children. The issues under these circumstances include how to protect the children from parental abduction and what limitations exist on how parents can travel post-separation.

Being vigilant and having open communication is always the best step to avoid a future issue when considering the safety of your children. If the other spouse makes a legitimate threat to take your child, you may be able to request a emergency order to keep your children in the state or country. You may also be able to obtain an order enjoining the other spouse from taking the children to locations.

These orders may not be without limit, but they may provide a sufficient warning to a spouse who is considering taking the next step and removing the children. In addition, there are federal safeguards that require that both parents to participate in getting a minor child a passport. The Two Parent Consent Law requires that both parents provide notarized signed consent for the issuance of a passport for a child. In addition, parents can register their children with the Children’s Passport Issuance Alert Program, which is governed by the Department of State. If a parent registers with the Department of State, and provides the necessary documentation, a child’s passport application will be denied after being approved for acceptance by the program. It is important to know your legal rights in a family law case by consulting with an experienced Florida Family Law Attorney.

January 10, 2018

What is the Required Financial Disclosure for a Florida Family Law Case?

By Wood, Atter & Wolf, P.A.

Financial-Documents-300x200

When you file for divorce, paternity, or are involved in a dispute regarding your children with your former partner in the State of Florida, there are requirements that both parties exchange financial information. Under the Florida Family Rules of Procedure, specifically Rule 12.285, when a family law matter is filed in circuit court, then the parties have to turn over certain documents to the other side. These include the following financial documents: three years of tax returns, three months of proof of income, three months (at least) of bank statements, retirement information, credit card statements, and the list goes on. This is required so that both parties and the court have a clear picture of the financial assets and debts of each side, and that the needs of the spouses and children are met based on the income between the parties. Without it, the court cannot do its job to ensure that the outstanding issues between the parties can be handled completely and that resolution can be final.

In many instances, clients, or the opposing party, does not want to turn over financial information. This is especially true when parties are already divorced and have been living separately for years. The requirement, however, remains the same. Having an experienced Florida family law attorney to guide you through the necessary disclosures from your documents, and also ensuring that you receive the documents that you will need to prove your case is essential. This is frequently a hot bed for issues that result in one party refusing to fully comply, and requires motions to be filed before the judge to decide not only when you should receive the information, but also if sanctions, like attorney’s fees should be assigned to the non-compliant spouse.

Ensuring that you are in compliance with the required, or further requested documents, is essential to safeguarding yourself from facing possible sanctions as well. By providing organized documentation to your legal representative gives them the ability to review and submit with confidence that you are in compliance with the required disclosure. These documents are important to your case. In some instances, bank statements, credit card purchases, and income statements can show an experienced family law attorney aspects of your case that will help to make you successful in claims of spousal support, child support, or the distribution of assets and debts. These documents are also helpful when received from the other side in demonstrating what their need for support, ability to pay support, or where funds may be wasted which in turn in also helpful to your case.

July 10, 2017

How Does Service in the Military Affect a Florida Divorce?

By Wood, Atter & Wolf, P.A.

Military-Divorce-Florida-300x264 The attorneys and staff at Wood, Atter & Wolf, P.A. respect and salute our military and their families here in Jacksonville, Florida. This is not only because they are serving our country and protecting all of us, but also because during their time in Jacksonville, military families are vital members of our community. As with any Florida family, military families face difficulties, but the issues they experience are unique as the life of service member and their family presents different challenges. Additionally, obtaining a family law attorney who is experienced in Florida and Federal law, as it applies to military divorce is a must to ensure that your divorce is handled in the most appropriate way.

Based in Jacksonville, Florida, the attorneys at Wood, Atter & Wolf, P.A. represent clients in family law matters that relate to divorce, child support, alimony, adoption, modification, custody, visitation, time sharing, and other issues. Since 1957, Wood, Atter & Wolf, P.A. has been serving its clients in North Florida including the counties of Duval, Clay, Nassau, Baker, and St. Johns County.

First, laws such as the Soldiers and Sailors Civil Relief Act, 50 UCS §521, as applied with Florida law, allows for the protection of a service-member from being found in default of an action during his or her active duty, and up to 60 days after, so that the military spouse is not found in default while serving our nation. This protection may be waived by the service-member, if they so agree.