A Cautionary Tale: Divorce Leads to High Emotions

A Cautionary Tale: Divorce Leads to High Emotions

Heightened Emotions during a divorce can lead to Abuse

All too often when clients are first dealing with the throes of divorce or separation, the emotions involved run high. There is an old adage that says that criminal lawyers see people at their best and divorce lawyers see people at their worst.

Sometimes, however, emotions can run too high and things can turn violent.  Attorneys and judges work very hard to keep this from happening. That said, in April of 2011, Catie Scott-Gonzalez was brutally beaten by her husband, Paul Gonzalez, after a judge ordered that he pay child support. According to an ABC News report, Gonzalez told the judge he was going to take his children and nobody was going to see them again. When Catie looked to see the judge’s response, Gonzalez came after her from behind and started strangling her with his left hand and started hitting her on her face with his right hand. The first blow to her head knocked her unconscious. Bailiffs had to taser Gonzalez twice to subdue him.  Catie spent three days in the hospital with a broken nose, fractured cheekbone and broken jaw. She was so badly beaten that her children, Isabella, 2, and Nathaniel, 3, didn’t recognize their mother.  This incident took place in the judge’s chambers.

Although child custody, child support, and divorce are difficult issues which can and do put a great deal of stress on both the individual spouses and the families, no person has the right to let stress turn into violence or to hurt another person physically (or emotionally or mentally for  that matter).  The point is that in the above situation, because of his poor choices, Gonzalez will now face serious criminal charges, jeopardizing his parenting time and his children will be without child support while he serves time in jail.

Family law issues can become extremely complex.  Securing strong legal representation from an attorney who knows Florida divorce law is the first step toward the outcome you deserve.  If you are concerned about what will happen to your children, the future of your home and other assets, or the overall costs of divorce, please schedule an initial consultation with experienced family law attorney.

Florida Divorce Law: Property Division

Florida Divorce Law: Property Division

Division Of Assets in Divorce, Florida

One of the most difficult and complex areas of divorce is the division of marital assets and liabilities (debts). Marital property may include cars, houses, retirement benefits (pensions), business interests, cash, stocks, bonds, bank accounts, personal property, and other things of value. Liabilities include mortgages, car loans, credit card accounts, and other debts. Generally, any asset or liability acquired during the marriage is considered marital and subject to distribution. The parties may also have assets or liabilities that are considered non-marital and should be awarded to only one party.

Florida statutes and case law provides for an equitable distribution of marital assets and liabilities. In essence, the marital property should be divided fairly or equitably (not necessarily equally) between the parties regardless of how the title is held. This is based on a long list of statutory factors.

Equitable distribution is done first before alimony is considered.

There is no fixed way to determine how you or the court should divide the property or debts. Factors to be considered by the court include the contribution of each spouse to the marriage, the duration of the marriage, and the economic circumstances of each spouse. If you and your spouse can agree, and if your agreement is reasonable, it will be approved by the court. If you cannot agree, the court will divide the assets and liabilities after a trial.

Family law issues can become extremely complex.  Securing strong legal representation from an attorney who knows Florida divorce law is the first step toward the outcome you deserve.  If you are concerned about what will happen to your children, the future of your home and other assets, or the overall costs of divorce, please schedule an initial consultation with experienced family law attorney.

Florida Divorce Law: Child Support

Florida Divorce Law: Child Support

FLORIDA CHILD SUPPORT

You and your spouse each have a responsibility to sup­port your children in accordance with their needs and your financial abilities. Child support may be by direct payment or by indirect benefits, such as mortgage payments, insurance, or payment of medical and dental expenses. Ordinarily the obligation to support your child ends when that child reaches age 18, marries, is emancipated, joins the armed forces, or dies.

Some of the issues concerning child support which must be considered include: (a) the amount of support; (b) the method of payment; (c) ways to assure payments are made; (d) when child support may be increased or de­creased; and (e) who claims the dependency deduction for tax purposes. Other questions may need to be answered,depending on the circumstances of your case. Guidelines for the amount of support apply to all cases and are based on the income of the parents and the number of children with adjustments for substantial overnight contact.

If you have a problem getting support payments from your spouse or former spouse, or the time-sharing plan is not being followed, you should bring this matter to the attention of the court. It is not legal to withhold visitation or child support payments because either parent fails to pay court ordered child support or violates the time-sharing schedule in the parenting plan.

Family law issues can become extremely complex.  Securing strong legal representation from an attorney who knows Florida divorce law is the first step toward the outcome you deserve.  If you are concerned about what will happen to your children, the future of your home and other assets, or the overall costs of divorce, please schedule an initial consultation with experienced family law attorney.

Florida Divorce Law: Filing a Case in Family Court

Florida Divorce Law: Filing a Case in Family Court

Filing a case. A case begins with the filing of a petition. A petition is a written request to the court for some type of legal action. The person who originally asks for legal action is called the petitioner and remains the petitioner throughout the case.

A petition is given to the clerk of the circuit court, whose office is usually located in the county courthouse or a branch of the county courthouse. A case number is assigned and an official court file is opened.  Delivering the petition to the clerk office is called filing a case.  A filing fee is usually required. (more…)

We use cookies to give you the best online experience. By agreeing you accept the use of cookies in accordance with our cookie policy.

Pin It on Pinterest