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Jacksonville Divorce Law Blog

Everything you want to know about alimony but didn't want to ask

In cases of divorce, many divorcing spouses worry about alimony. Some worry that they will have to pay alimony and others worry that they will not receive alimony. But what IS alimony? Alimony is a term given to spousal support or the financial support one spouse receives from another after divorce leaves their financial situation unbalanced. How do you know if you will be paying or receiving alimony in a Jacksonville divorce?

The short answer is, you don't. Alimony is awarded in family court based on factors related to the divorcing spouse's specific financial situation. It is important to understand that courts have broad discretion when it comes to awarding alimony. Alimony is awarded in situations in which one spouse made a personal, financial or educational sacrifice in lieu of the other spouse and children that leaves that spouse's standard of living starkly unbalanced after the financial shake-up of a divorce.

Jacksonville fathers have the right to seek child custody

For Jacksonville fathers, seeking custody may be more difficult in comparison to Jacksonville mothers. This is because it isn't always clear who is the father after a child is born. If you are a Jacksonville father seeking paternity and eventually, child custody or visitation rights, it is important to know that you have the option of seeking these rights and responsibilities. It is possible that for whatever reason, the mother or other parties may be opposed to your quest for fathers' rights.

There is a certain sequence for gaining child custody rights in Florida. First, a father must establish paternity which can be done a few different ways. Once paternity is established, a father may decide to seek visitation or child custody rights. It is usually in a child's best interests to have a parent be involved in their life so the courts will usually approve this contact.

What is a standby guardian?

Most Florida residents would agree that parents possess an unconditional love for their children and will always try to do what's best for them. But sometimes situations develop in a parent's life where one or both of them may not be able to take care of their children. In times like this Florida parents can employ a legal method known as a standby guardian. But exactly what is a standby guardian?

Basically, a standby guardian is a competent adult who has been designated to care for another adult's minor children for a certain period of time. Standby guardians are awarded child custody only when one or both of the parents ask a Florida court to do so. This can be if the parents must make an extended trip without their children, or if one of the parents is in the hospital, or even if one parent believes that the other parent shouldn't have custody.

Mother faces jail time for hiding daughters from father

Even if two parents in Florida decide to divorce, they still both love their children unconditionally. This means that child custody can be one of the most difficult topics faced during a divorce. Some parents may believe that they should be awarded sole custody and that the other parent should not have any visitation rights whatsoever. Some parents may even go as far as to deny the other parent's visitation rights after their divorce. Recently, one mother has found herself facing possible jail time for keeping her children away from her ex-spouse.

A Minnesota mother was recently convicted on four counts of denying her ex-husband custodial and parental rights to their two daughters. The 50-year-old woman was acquitted on two other minor counts. The mother hid her two daughters from their father for two years after a court granted child custody to the father during the couple's divorce.

How can someone protect their credit after a divorce?

During a divorce, couples in Florida will not only divide their property -- they will divide their debts as well. However, one of the consequences of a divorce is that it may have a negative effect on one's credit ratings. This can happen for several reasons. For example, a spouse in Florida who is no longer married is bringing in only one income, rather than sharing two incomes as was the case when he or she was married. This could make paying bills difficult. However, creditors don't care if a couple who signed for a loan is together or separate; they still want to get paid. So how can an individual protect their credit after they've gotten a divorce?

One of the first steps a divorced spouse can do to protect their credit is to have their name removed from any loan that was taken out together with their former spouse. This is important because should something happen to the spouse who is making the payments on the loan, the company that issued the loan will insist that the other spouse make the payments. Once the divorce is final, one spouse can ask the lender to remove their name from the loan, but the lender will probably conduct a review of the other borrower's credit worthiness before making any final decision.

Information to bring when first meeting with a divorce attorney

A divorce can play havoc with a person's emotions, and these emotions can prevent someone from thinking clearly and responsibly. This is one reason why most people in Florida hire a divorce attorney to represent them during their divorce. But in order to help the attorney represent them as well as possible, the client should come prepared to their initial meeting with their attorney. So here is a brief look at the kind of information a client should bring to their first meeting with their divorce attorney.

It's very important to bring basic information about both spouses when first meeting with a divorce attorney. This includes information such as the name, telephone number, date of birth and current address for both spouses. If the couple had more than one address while they were married, these addresses should be supplied to the attorney as well.

What must a parent do to change a custody plan?

Child custody can be one of the primary issues during any divorce, because where a child lives is very important to both parents. Florida courts will always base their custody decision on the best interests of the child. But sometimes life situations can change and the non-custodial parent may want to ask the court to permanently change the child custody plan agreement. But what must the parent do to get a court to change a child custody plan?

It is not uncommon for parents to request a child custody modification after their divorce. However, before a court will agree to modify a plan, the parent who wants the child custody plan changed must prove that there has been a significant change to the circumstances that the first custody plan was based on. The requesting parent must also prove to the court that the best interests of the child now lie with them.

Avengers star accused of falling behind on child support payments

In the world of Hollywood, legal allegations between divorced couples are constantly thrown about. It doesn't matter if their property and assets were evenly divided up by a court, it seems like sooner or later the attorney for one ex-spouse will file a motion in an attempt to gain a more favorable post-divorce result. Florida residents may be interested to hear that recently, one major Hollywood star's representative has lashed out at the actor's former spouse after the ex filed a motion against the actor.

Hollywood actor Jeremy Renner who is best known for playing the superhero Hawkeye in the wildly popular "Avengers" movies, has been accused by his former spouse of falling behind on his child support payments. Documents recently filed in court claim that Renner is more than $50,000 behind on these payments. Renner's ex-wife also claims that the actor refuses to pay his share of his daughter's pre-school tuition.

What is a temporary relief hearing in Florida?

Ending a marriage can be very complicated. There are usually a number of issues that must be resolved including alimony, distribution of property, child custody and child support and sometimes these issues can take many months to iron out. That's why in Florida divorcing spouses can request a temporary relief hearing during the early stages of a divorce. But what is a temporary relief hearing, how is it requested and what areas of a divorce does it cover?

The temporary relief hearing addresses many of the areas of a divorce that cannot wait until a court issues a final divorce order. It can take place early during the divorce process, usually just after one of the spouses has filed the petition for a divorce. The party asking for the hearing must first serve papers for the hearing to the other party. This petition may also include an affidavit that must be signed. The papers must also include specific information about the divorcing spouses, including their expenses and income, which parent currently has custody of the children and if the other parent should be granted custody. These forms must be completed by both sides before any hearing.

Categories of abandonment that are recognized in Florida

The act of abandonment is recognized as legal grounds for divorce in Florida. But, there are several conditions that must be satisfied in order to cite abandonment as a reason for divorce, including that the abandonment was a willful and malicious act by one of the spouses, that the abandonment has continued for 12 consecutive months and that there is no possibility of reconciliation. There are only two categories of abandonment that are recognized by the state as legitimate reasons for a divorce.

The first type of abandonment recognized in Florida is constructive abandonment. Constructive abandonment can take place even though one partner doesn't leave the marital home. A typical component of constructive abandonment is the willful withholding of sex from one partner by the other. If this spouse continues to deny a sexual relationship to the other over a sustained period of time, then the spouse who has been denied sex can seek a divorce on the grounds of constructive abandonment.

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