Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
Family
In Sickness and in Health
August 24, 2009
Recent research shows that divorce has a significant impact on the health of the parties. When married people become single again, they suffer a decline in health that is not cured even through a new marriage. Many never fully recover.
Who Gets the Pooch?
August 17, 2009
One of the most hotly contested issues in the divorce arena involves determining which party will be awarded custody of the family pet.
Rehabilitative Alimony
July 16, 2009
In Lovell v. Lovell, 34 Fla. L. Weekly D1182 (Fla. 5th DCA 2009), the former wife sought rehabilitative alimony so she could earn a master's degree in Education. She had been a teacher during the thirteen-year marriage, and argued that this would allow her to be at the same educational level as the former husband.
Rehabilitative alimony is a way to provide funds to a spouse so he or she can establish the capacity for self-support. This can be done by developing skills that they already have or by obtaining training to develop new skills. Because of the specific purpose of the aid, this type of alimony can only be awarded when there is a rehabilitative plan. Such a plan establishes the objective and target of the rehabilitation and the amount of alimony needed. Like other forms of alimony, there must be evidence of need on the part of the requesting spouse and ability to pay by the other spouse. Finally, the court awarding the alimony must clearly state the basis for the amount and the duration of the award.
The plan in Lovell included alimony payments for eight years to cover tuition for a master's degree and a doctorate. It was presented to the court orally and approved. However, the former husband appealed this decision, and the appellate court held that the plan was speculative, sparse in details, and "needed to be fleshed out."
Having an experienced attorney by your side can help you avoid these pitfalls and problems. If rehabilitative alimony is an issue in your case, you can rest assured that the Attorneys at Arnold & New, LLC will present a detailed and thorough rehabilitative plan to the court so that the judges ruling will not be overturned on appeal.
12 days of Christmas According to a Divorce Attorney
December 15, 2008
On Christmas Eve of 2007, James J. Gross, of the Maryland Divorce Legal Crier, posted a funny blog which has been reproduced in various forms on blogs nationwide. It is called the "The Twelve Days of Christmas Divorce"
On the twelfth day of Christmas,My true love sent to me
Twelve demands for relief,
Eleven prayers for property,
Ten thousand for alimony,
Nine hundred for child support,
Eight pages of interrogatories,
Seven requests for documents,
Six requests for admissions,
Five thousand for attorneys,
Four requests to enjoin,
Three pre-trial motions,
Two process servers,
And a complaint for a final divorce!"
During these tough economic times, we know that many persons in Jacksonville and throughout Northeast Florida are having their longstanding fueds with spouses made worse because of money disputes. Problems with money and with children are consistently the two most popular reasons persons get divorced, followed closely by a spouse having an affair. Finacial hardships make it hard to have a divorce but the stress to the persons in the marriage may not be worth trying to save the money from getting a divorce as so as possible and starting your new life for your sake and often for the sake of your children.
While we hope the the economy is going to get better soon, many persons are being laid off and experts say that it will be 2010 or later before the economy improves.
If you find yourself debating about the affordibility of a divorce in these times, please feel free to call and discuss with us at (904) 731-3800.
Court Attempts to Make Husband Pay for Wife's "Future Law Suits"
December 10, 2008
Florida is an "equitable distribution state" which means that any marital assets or liabilities must be justly divided and assigned in a divorce proceeding. Courts often have to get creative in their distribution in order to make the process fair, and to reach a just resolution in the case. Recently, however, a court may have taken that process a little too far.
In Perkovich v. Humphrey-Perkovich, (33 Fla. L. Weekly D2717a) the parties were seeking a divorce but ran into a problem with assigning some future liabilities. The court found that the Wife, who was a doctor, had treated patients during the course of the marriage and noted that the "very nature of the Wife's profession creates exposure to lawsuits." The court held that any lawsuit for malpractice stemming from a patient that the Wife had treated before the parties separated was considered a marital liability. The trial court then ordered the Husband to pay a portion of all expenses related to any future malpractice lawsuits not covered by insurance.
On appeal, the District Court overturned the trial courts decision holding that "the trial court's conclusion is speculative, at best" and that it was "error to assign responsibility for potential future claims of this type to the Former Husband." The District court also noted that Section 61.075(5)(a), Florida Statutes, which defines "marital liabilities", only encompasses those liabilities that are actually "incurred" during the marriage. Since there was no actual liability present, only the possibility of a liability, the court reversed the trial court's decision.
To avoid the situation that happened in Pekrovich, we zealously advocate that the judge must follow the law and not just come up with whatever conclusion they want to reach. Martial property, which includes debts and assets, needs to be based on ample evidence and not pure speculation or possibilities. If you can't quantify it, then the court shouldn't be distributing it.
Husband Plants Drugs in Divorce Case
December 10, 2008
Just when you think you've seen it all... A Nassau County man was arrested for trying to frame his wife for armed drug possession. The couple had been going through a nasty divorce and the Husband, John Burkette, was looking for some leverage against his wife. Mr. Burkette conspired with two other individuals to plant a makeup bag filled with a drugs and a handgun in his wife's car. The group then used a confidential drug informant to phone in a tip to the police. Officers pulled over the wife's car and found the goodies, but suspected that the drug bust was a little too good to be true. After questioning the informant a little bit more, the plot was revealed and officers focused their sights on Mr. Burkette.
Aside from the obvious issues in this case, the story is illustrative of the frustration and anger that parties go through in a divorce proceeding. Divorces can be lengthy and taxing on the parties involved, and in some cases, the frustration can boil over and lead to extreme behavior. And by his actions, Mr. Burkette may have just set the new standard for "extreme".
Check out these articles to learn more about this story:
Nassau County Man Arrested - Article
Bad Housing Markets Impacts on Divorce
December 09, 2008
Recession...recession...recession. You can not watch the news or read a paper without hearing that word in every headline. With the failing economy and the out-of-control housing market, there are few areas of our lives that are not feeling the impact of this economic mess. Divorces are no exception. The financial woes of this country are steadily taking their toll on couples trying to separate from each other and are causing major problems.
For starters, divorces are taking substantially longer to complete because of the difficulty in selling the marital home. For most people the marital home is the biggest source of wealth and must be sold in order to reach a fair division of the parties' assets. This means that couples are locked into prolonged litigation while they wait for the market to come around, and are often forced to watch their one true asset decrease in value right before their eyes.
Additionally, the financial crunch is making it next to impossible for couples to live separately while the divorce works its way through. This means that couples are forced to live with each other and the unhappy cohabitation leads to more fights, more litigation, more legal fees, and in some cases, more domestic violence. The bottom line is that the housing market, and the downward-spiraling economy are decreasing the value of homes and increasing the legal expense to couples in the divorce process. A truly deadly combination for some.
Check out this article in Miami Today News for more details: MiamiTodayNewsArticle
When can you abandon your child?
November 15, 2008
If a parent in Nebraska were interpreting this question, the answer could be up until the child is 19 years old. Nebraska was the last state to adopt what has become known as a "safe haven law". These laws are designed to protect unwanted newborns from being discarded or abandoned by their mothers. Although the spirit of the Nebraska law was clearly designed to target infants, the actual letter of the law leaves a lot of ambiguity as to how old the child can be. The problem lies in the fact that the law, passed in July of this year, doesn't actually define the word "child", leaving the interpretation of that word wide open. The latest problem with the interpretation of the statute: mother in Nebraska attempted to abandon an 18 year old, claiming that the child was difficult to control, was bipolar, and suffered from a learning disability. Read the article here:
18-Year-Old Abandoned Under Nebraska Safe Haven Law.
Floridians, however, will have to act a little sooner if they want to claim protection under our own safe haven law. Florida's version was codified in 2000 (see Section 383.50, Florida Statutes: F.S. 383.50) and allows for mothers to leave children 7 days or younger at specific, statutorily defined medical facilities. The statute allows for mothers to remain anonymous and be immune from criminal prosecution, unless there is suspected or actual abuse or neglect. Additionally, since there is no finding of "abandonment", mothers who change their minds are able to claim their infant up until the court enters a judgment terminating their rights.
For more information on family law in Florida and our firm's representation, please check out our firm's website here.
Child Parenting Plans
October 21, 2008
Florida law divides parenting issues into three categories: parental responsibility, time sharing and support. This articles examines the decision-making section of a parenting plan.
First, the law requires divorced parents share parental responsibility for their child after divorce, unless shared responsibility is detrimental to the child. Florida has adopted the concept of shared parental responsibility when determining the custody of children. Under this theory, each parent retains full parental rights and responsibilities for raising the child. Parents are encouraged to confer with one another on issues affecting the welfare of the child, insuring that each parent plays an active role in the child's life.
Unfortunately however, shared parental responsibility doesn't mean that each parent will have equal time with the child. Typically, the court will designate one parent as the primary custodial parent, meaning the parent with whom the child spends the most time. The secondary custodial parent will be awarded ample visitation with the child. Parents should attempt to work out an amicable visitation schedule, and most circuits have adopted minimum visitation guidelines to ensure that each parent is having adequate access to the child. If parties are unable to agree on custody and visitation issues, the court will decide those matters for them. In making their rulings, Florida Courts will always base their decision on the "best interest of the child".
