Recent Blog Posts in January 2010 |
| January 29, 2010 |
| U.S. and Japan Discuss International Custody Disputes |
| Posted By Law Office of Scott Ellerin |
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According to an article in the Washington Post, the U.S. is urging Japan to re-address its position on child custody disputes between U.S. citizens and Japanese citizens who have children together. The U.S. is also asking Japan to join an international convention on child abductions.
In recent years, a number of Japanese-born mothers have fled the United States with their children, refusing to the let their American ex-husbands visit. Japanese law allows only one parent to be the primary custodian of a child, and it’s usually always the mother, leaving the father without any access to his children.
While the Japanese are entitled to their laws, the U.S. became concerned when their laws started affecting U.S. citizens. According to the article on the Washington Post, more than 75 American parents have been affected by Japan’s strict child custody laws.
U.S. officials recently met with the Japanese Foreign Ministry in an attempt to try and resolve the issue. The U.S. is also urging Japan to sign the Hague Convention on International Child Abductions, which seeks to ensure that custody decisions are made by the courts where the child was born, not by where the mother was born. The convention also protects both parents’ rights of access to the child.
The issue garnered attention in November when the story of Christopher Savoie, an American, hit headlines. Savoie’s ex-wife took the couple’s two children from Tennessee to her native Japan. When Savoie went to Japan to bring his kids home, he was arrested by authorities, despite the fact that his ex-wife violated a U.S. court order not to leave the country.
The Japanese eventually dropped the charges and he was able to return to the U.S. His children, however, are still in Japan with their mother.
If you are going through a custody dispute and would like the advice or legal counsel of an experienced
Jacksonville child custody attorney,
contact the Law Office of Scott Ellerin today by calling
(904) 866-4489.
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| January 28, 2010 |
| Study Says Cohabitation is on the Rise |
| Posted By Law Office of Scott Ellerin |
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According to a report by the National Marriage Project, the number of unmarried couples who live together is on the rise.
Between 1960 and 2008 “unmarried cohabitation” increased more than twelvefold. The term unmarried cohabitation is applied to couples who “are sexual partners, not married to each other, and sharing a household.”
Unmarried cohabitation is becoming more and more common, particularly among young couples. The report estimates that about ¼ of unmarried women between ages 25 and 39 live with a partner, and that another ¼ of women have lived with a partner at some point in their life without being married.
The study also states that more than half of first-time marriages are preceded by the couple living together first. Fifty years ago almost no couples lived together before getting married.
Cohabitation as an Alternative to Marriage
While some couples live together with plans to get married in the future, others look at cohabitation as an alternative to marriage. If you and your partner have chosen to live together but not get married, you may want to consider drafting a
cohabitation agreement. Cohabitation agreements are drafted to protect the rights of both parties, should the relationship eventually end or one party pass away. A cohabitation agreement can clearly outline property rights and other important issues, much the same way a
prenuptial agreement or
postnuptial agreement does.
Jacksonville marital agreement attorney Scott Ellerin can help if you are interested in learning more about creating a customized cohabitation agreement. To
contact the Law Office of Scott Ellerin, fill out an
online case evaluation or simply call the office at
(904) 866-4489.
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| January 27, 2010 |
| When to Contact a Paternity Lawyer? |
| Posted By Law Office of Scott Ellerin |
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Both men and women involved in paternity disputes can find experienced and dedicated legal counsel at the Law Office of Scott Ellerin. Jacksonville paternity lawyer Scott Ellerin has a thorough knowledge and understanding of Florida’s paternity laws, and can help with your legal objective, whether that is to establish paternity or disestablish paternity.
An attorney is usually contacted for one of two reasons:
1. The mother of a child wants a man to take a DNA test to prove he is the father. If the man is determined to be the biological father, the mother is often able to get child support payments to help support the child.
2. By men who think a child is theirs, but need a DNA test to prove it. Often times the mother will not let a man spend time with the child. By proving he is the biological father, a man has grounds for asking the court for custody or visitation rights.
3. By men who want to contest their paternity. Women often claim that a man is the biological father of their child in an effort to secure child support payments. After taking a DNA test, if a man is determined NOT to be the biological father of a child, he will not be responsible for continuing to support the child.
It should be mentioned that even if man is determined not the be the biological father, the court might still require him to pay past-due child support, or even continue making child support payments. The latter is usually applied in cases where a man has acted as a father in the child’s life for more than two years and, if he were to walk away and fail to make payments, it would jeopardize the child’s best interests.
If any of these situations apply to you, please feel free to contact the Law Office of Scott Ellerin today at (904) 866-4489. |
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| January 26, 2010 |
| Talking to Your Children About Divorce |
| Posted By Law Office of Scott Ellerin |
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If you and your spouse are planning to divorce, you are probably wondering how best to approach the subject with your kids. While you may have every intention of trying to make things easier for them, if you say the wrong thing you could make an already difficult situation even more traumatic. Some of the most common mistakes parents make when talking with their children about divorce are:
- Asking your children to pick sides, or asking them to make any decisions for that matter.
- Failing to remind your children that your decision to divorce is NOT their fault. Many kids blame themselves when their parents divorce. Reminding your children that they are not responsible for the break up is one of the best things you can do.
- Failing to enforce that you and your spouse will still be their mom and dad even after you get divorced, and that you will always be their mom and dad.
- Talking to your children about adult things in an effort to gain their sympathy or allegiance. Even if you hate your spouse you shouldn’t bring your children into any issues you are having.
- Forgetting to constantly remind your children that both you and your spouse still love and care about them greatly.
- Failing to clearly explain that things will be ok, and that both you and your spouse will do everything possible to keep their lives as normal and routine as possible.
During a divorce, it’s normal to feel unsure about what to do or say to your children. But it’s important that you take this conversation seriously as what you say can have an effect on your children for years to come. Furthermore, it’s important that you take time preparing what you are going to say, since this is one of the most important conversations you will ever have with your children.
Jacksonville divorce lawyer Scott Ellerin can help you prepare for this discussion, and would be more than happy to provide you with any resources that may help. To learn more,
contact the Law Office of Scott Ellerin today!
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| January 25, 2010 |
| Helping Grandchildren Through a Divorce |
| Posted By Law Office of Scott Ellerin |
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There are countless articles, books, and resources available to parents interested in learning how to make the divorce process as easy on their children as possible. But what about grandparents who want to help? Grandparents play an important role in a child’s life, and many have expressed their desire to help their grandchildren through a divorce in any way they can.
The following are just some of the ways a grandparent can help his/her grandchild during a divorce:
- Help create a sense of stability. Studies show that children who experienced stability during a divorce adapted much better to the changes taking place in their life. Staying in the same home, participating in the same activities, and continuing at the same school can make a huge difference.
- Offer help, but don’t take over. Let the child’s parents make the decisions, and just be there to help when you’re needed. If you try to take control of the situation you could cause even more conflict in the home. There are so many ways you can help, even just offering to take your grandchildren for a night can give the parents a chance to take some time for themselves.
- Don’t pry, just listen. Ask your grandchildren how they are doing and if they want to talk about what they are going through. If they feel like talking they will. If not, then let it be. They may not feel ready to talk about the divorce yet.
- Don’t disparage either parent. Even if you hate the person your son or daughter married, never say anything mean, rude, or disparaging about them in front of your grandchildren. It is important that your grandchildren respect their parents and have good relationships with both of them.
- Create unique relationships with each of your grandchildren. Every child is different, which means the feelings, emotions, and needs of each child will be different. Find a way to connect with each of your grandchildren. Having a strong relationship with a grandparent is highly beneficial to the child.
If you are interested in learning more about the ways you can help your grandchildren during or after a divorce, please feel free to contact the office today speak with Jacksonville family law attorney Scott Ellerin! |
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| January 22, 2010 |
| More Fathers are Awarded Custody |
| Posted By Law Office of Scott Ellerin |
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A new report by Short Family Law and Attorney Litigators has found that more and more fathers are receiving primary custody of their children following a divorce.
In the early 1990s, it seemed as if mothers were so clearly favored in matters of child custody. But now it is estimated that the number of fathers awarded primary custody is close to 50 percent.
The report suggests the statistic is indicative of the growing number of men who stay at home with the children while the mother works to support the family. The court system is simply responding to the increase in the number of stay-at-home dads.
The report also indicates that more men are staying at home with their children, partly because many men have been laid off from their jobs due to the struggling economy. In fact, research done by Working Mother Magazine revealed that approximately 75% of job loss was among men.
Contact a Jacksonville Child Custody Lawyer Today!
As an experienced Jacksonville fathers’ rights attorney, Scott Ellerin has represented many men throughout the Jacksonville area wishing to obtain custody of their children. It is important that you do not underestimate your parental rights, as the courts do acknowledge the value of the relationship between a man and his children. Regardless of your employment situation, if you want custody of your children, do not hesitate to contact the Law Office of Scott Ellerin for experienced legal representation! |
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| January 21, 2010 |
| Facebook: Ammunition for Divorce? |
| Posted By Law Office of Scott Ellerin |
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What was initially created as way for college students to connect with other students on campus now seems to be a breeding ground for evidence of cheating husbands and wives.
A British law firm claims that one in five divorce cases they’re working on cite the popular social networking site Facebook as a factor in divorce.
According to an article featured in the UK’s Telegraph, several divorce attorneys are claiming the site makes it easy for users to cheat on their spouses.
Many people have logged into the site, only to discover that their husband or wife has exchanged flirty messages with another user or participated in inappropriate or sexually suggestive chats. These emails, “wall posts”, and chat conversations are now being used as evidence in divorce cases.
Florida is a no fault state, which means that infidelity or adultery will not be taken into consideration during a divorce. However, in states like New York that acknowledge adultery, this type of evidence could be very damaging to the spouse who cheated.
In addition to getting caught cheating on one’s spouse, Facebook is also being used to gather evidence in
child custody and
spousal support/
child support cases. Photos of spouses partying, getting drunk, or acting crazy might be used against them in a child custody hearing, suggesting the parent is unfit to parent. Even “status updates”, lies about personal information (such as claiming they do not have any children), and/or leaving demeaning or critical statements about the other spouse on his/her “wall” can be used as ammunition in a divorce case.
If you are interested in speaking with an experienced
Jacksonville divorce attorney, please
contact the Law Offices of Scott Ellerintoday at
(904) 866-4489 or you can
click here to fill out an online case evaluation.
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| January 20, 2010 |
| Marital v. Separate Property |
| Posted By Law Office of Scott Ellerin |
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It is important to understand the difference between marital and separate property when heading into a divorce.
Marital property is considered any property or debt that is acquired by either spouse during the course of the marriage, where as separate property refers to property or debt acquired before the marriage began or after a divorce. Separate property also includes inheritances, gifts from third parties, and restitution.
Equitable Distribution of Marital Property
Florida is
an equitable distribution
state, which means that all marital property is to be divided “equitably” during a divorce. It is important to understand that “equitable” does not mean “equal.” Equitable means fair. Instead of dividing marital property equally between the spouses, the judge will divide the property in a way that he or she thinks is fair based on each spouse’s financial situation and contributions to the marriage. Other factors a judge is likely to take into consideration include:
- Each spouse’s current income
- The duration of the marriage
- Each spouse’s non-financial contributions to the marriage, such as if one spouse stayed home from work to care for the children and tend to the house
- If either spouse owns a business
- If one spouse worked to support the family while the other went backed to school to pursue a career or trade skill
- Each party’s desire to keep the family home
- How dividing the assets and debt will affect children
Contact a Knowledgeable Jacksonville Divorce Attorney
If you are interested in learning more about marital versus separate property or have any questions in regards to your property rights,
Jacksonville divorce lawyer
Scott Ellerin would be more than happy to meet with you. Mr. Ellerin has handled countless divorces on behalf of clients throughout the Jacksonville area, and has a great deal of knowledge in regards to Florida’s equitable distribution laws.
If you are interested in scheduling a consultation with Mr. Ellerin, you can
contact the office
today by calling
(904) 866-4489 or by
clicking here to fill out an online case evaluation
!
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| January 19, 2010 |
| Florida Man Sent to Prison for Failing to Pay Child Support |
| Posted By Law Office of Scott Ellerin |
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A Florida man was sentenced to two years in federal prison for willful failure to pay child support. In addition to the two-year prison sentence, Robert George Cahill was also ordered to pay $72,732 in past-due child support for his daughter, now 17, and his son, now 13.
Cahill, 41, was ordered to pay child support in April 1997 by a Lee County state court judge. Even though Cahill was aware of his child support obligations and was often employed, he only made child support payments occasionally.
According to an article on Tampa Bay Online, authorities were able to involuntary take payments by arresting him and then requiring him to pay cash bond in order to be released. That money went towards his child support arrears. Cahill also had his tax refund seized and had to pay $300 to avoid getting his driver’s license suspended.
Back in 2007, Cahill told federal agents that he tried to obtain work that paid him under the table to avoid having child support garnished from his wages.
Once released from prison, Cahill must serve one year of probation as ordered by U.S. District Judge Susan Bucklew.
Contact an Experienced Child Support Attorney
If you are facing criminal penalties or pressure from the police because you are behind on your child support payments, do not wait until you are arrested to speak with an attorney. Jacksonville child support lawyer Scott Ellerin has represented many parents who have fallen behind on paying child support, and can negotiate with the judge to work out some type of repayment plan. As a parent, you have obligations to your children that include making sure they have the financial resources needed to provide for basic necessities. Mr. Ellerin knows that sometimes things come up that prevent a parent from being able to make payments. Mr. Ellerin can help you find a way to fulfill your responsibilities, whether that means asking the court to modify your child support order or figuring out a way for you to repay the child support you owe. There are always options in these situations, and Attorney Scott Ellerin is here to help you take advantage of them.
To learn more, please contact the Law Office of Scott Ellerin today at (904) 866-4489! |
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| January 19, 2010 |
| Avoid a Do-It-Yourself Prenuptial Agreement |
| Posted By Law Office of Scott Ellerin |
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Although a do-it-yourself prenup may be tempting, it’s in your best interest to hire an experienced marital agreements attorney if you are interested in drafting a prenuptial agreement. A prenuptial agreement is an incredibly important document that should be created and looked over by an experienced professional. Often times, in an effort to save money, people will go on the Internet and download a form or even contact a shady or cheap service that provides the necessary forms. This type of action should be avoided, as it could hurt your future interests.
A prenuptial agreement protects specified assets and can even provide instructions for how you would like child custody, child support, or alimony to be arranged should your marriage end in divorce. Anytime your family or your financial interests are at stake, it is best to have a skilled prenuptial agreement lawyer handling your affairs. The last thing you want or need is for an error or omission on your prenuptial agreement to compromise your property rights.
Contact the Law Office of Scott Ellerin for Help!
Jacksonville family law attorney Scott Ellerin has a great deal of experience drafting prenuptial agreements on behalf clients, and can help you create an agreement that is customized to your liking. With Mr. Ellerin’s help you can rest assured your prenuptial agreement will be drafted correctly and, should your marriage end in divorce, hold up in court.
Do not take a chance with a do-it-yourself prenup. Contact Jacksonville prenuptial agreement lawyer Scott Ellerin for help! |
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| January 18, 2010 |
| Different Types of Alimony |
| Posted By Law Office of Scott Ellerin |
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There are several types of
alimony a judge can order during a divorce:
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Temporary Alimony
is paid while the divorce is still pending.
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Permanent Alimony
is paid indefinitely, unless one of the parties dies or the spouse receiving support remarries. This type of alimony is common when the parties were married for a long time.
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Rehabilitative Alimony
is paid while one of the parties acquires new job skills, education or obtains employment. Once the spouse has gotten a job or becomes financially self-sufficient, the payments usually stop.
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Lump Sum Alimony
is paid just once. Lump sum alimony is common in highly contentious divorce cases or if one of the spouses has a terminal illness.
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Bridge-the-Gap Alimony
is designed to help one of the spouses until they are able to get back on their feet and financially support themselves. This type of alimony is usually paid for two years.
How Alimony is Determined
Judges do not have a specific formula for determining alimony. Instead, they take a number of factors into consideration, including, but not limited to:
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The duration of the marriage
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The standard of living the couple shared during the marriage
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Each spouse’s current level of income
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If one spouse stayed home to raise children
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If one spouse worked while the other pursued higher education or a professional license
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If child support is also being paid
Experienced Jacksonville Divorce Attorney
Jacksonville divorce lawyer Scott Ellerin has a great deal of experience and practice in Florida divorce law, and can help to ensure alimony is resolved in way that is favorable to you. Whether you are the one who has been ordered to pay alimony, or your spouse was ordered to pay alimony to you, Mr. Ellerin can make sure your rights and financial interests are protected and upheld.
Contact the Law Office of Scott Ellerin
today by filling out an
online
case evaluation or by calling
(904) 866-4489!
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| January 15, 2010 |
| Litigation v. Alternative Dispute Resolution |
| Posted By Law Office of Scott Ellerin |
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In reference to divorce, litigation refers to settling a divorce case in court. Resolving a divorce through litigation is much more contested than trying to settle a divorce through alternative dispute resolution (ADR). During litigation, the parties in a divorce are essentially pitted against each other, battling over issues such as child custody, child support, alimony, equitable distribution of property, etc. Naturally, this type of environment is not conducive to the amicable resolution of the divorce. Not only is litigation more emotionally draining, but because the parties have difficulty settling the terms of their divorce it prolongs the divorce process, ultimately costing them both time and money in the long run.
Alternative dispute resolution is by far a more favorable option than litigation. ADR encourages the parties to work together to settle their divorce. Although your attorney might be present, his/her purpose is to help you and your spouse reach mutual decisions and foster open communication so making those decisions is possible. Furthermore, ADR has helped many people build a working relationship with their estranged spouse, which is especially beneficial if children are involved. Another benefit of ADR is that you can devote more attention to detail. Sometimes there simply isn’t enough time during litigation for the judge to address every detail of every issue. Consequently, a judge may issue an order or decision that might not be fair or in your best interest. Through ADR, you can spend as much time as you need to settle the issue at hand.
Although zero conflict is rare, ADR makes the divorce process much less contentious, stressful, and emotionally draining. It also keeps legal costs at bay.
If you are interested in learning more about alternative dispute resolution, contact Jacksonville divorce lawyer Scott Ellerin today! |
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| January 14, 2010 |
| Speak With an Attorney Before You Ask for a Divorce |
| Posted By Law Office of Scott Ellerin |
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If you are considering filing for divorce, it’s a good idea to speak with an attorney before you discuss the divorce with your spouse. There are several things that could cause problems if you proceed with divorce arrangements before actually speaking with an attorney, such as:
- When one spouse learns the other wants to file for divorce, someone is likely to move out. However, moving out may compromise a person’s rights to the house.
- A couple may begin dividing property, assets, investments, cash, etc. However, there could be ramifications to this, as tax laws and property values could affect the equitable distribution of property, leaving one spouse with much less than the other.
- If infidelity led to the divorce, the person engaged in the affair may want to maintain his/her relationship or move in together. If this situation sounds familiar, you should speak with an experienced divorce lawyer before moving in. In fact, you may even want to refrain from dating until your divorce has been finalized. Not only could this upset your former spouse, making it difficult to resolve the divorce, but it could affect how parenting plans, time sharing, and alimony are resolved.
These types of repercussions aren’t usually known by anyone other than divorce lawyers, which is why it’s best to consult an attorney before asking for a divorce. If fact, consulting an attorney before you speak to your spouse could make the difference between an amicable divorce with fair outcomes or a contested divorce that could take months, if not a year or longer to settle.
If you are interested in speaking with an experienced Jacksonville divorce attorney, please feel free to contact the Law Office of Scott Ellerin today! |
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| January 13, 2010 |
| Modifying Child Support, Alimony and Parenting Plans |
| Posted By Law Office of Scott Ellerin |
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No situation is ever permanent. Families expand, ex-spouses get remarried, jobs are lost and gained, incomes increase and decrease, and the cost of life fluctuates. Sometimes a change in circumstances affects one’s ability to comply with a previous court order. Fortunately, judges understand that life changes and with that people's situations change.
Under Florida family law, you can ask the judge to change or modify a court order if you can prove a significant change in circumstances warrants the modification. For example, if you were ordered to pay
child support or
alimony, but you have recently been laid off from your job or have become injured and are no longer able to work, you can ask the judge to lower the amount of support you are required to pay. Similarly, if you are the one receiving child support or alimony, and you would like to ask the judge for more money, you will need to prove why you deserve to get more support.
Time-sharing
and parenting plans can also be modified after a divorce has been settled. The court understands that situations change, and is open to modifying a time sharing or parenting plan as long as you can prove it is necessary and that it does not compromise the best interest of the child. Like all child-related family law issues, the judge’s main concern is to ensure that any changes or modifications you seek will not have a negative impact on the child.
Contact an Experienced Jacksonville Family Lawyer
If you are interested in learning more about modifying your child support order, alimony order, or time sharing or parenting plan,
Jacksonville family law attorney Scott Ellerin would be more than happy to meet with you to discuss your case. To schedule a consultation with Mr. Ellerin,
contact the office today by calling
(904) 866-4489 or click here to fill out an
online case evaluation!
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| January 12, 2010 |
| Ways to Reduce Conflict During a Divorce |
| Posted By Law Office of Scott Ellerin |
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If you and your spouse have decided to file for divorce, it's in everyone’s best interest to try and avoid conflict as much as possible, especially when children are involved. Not only are divorce cases ridden with conflict emotionally draining and difficult on the entire family, but they can ultimately cost you more money, as the longer a divorce case goes unresolved the more expensive it will be.
Even if you and your spouse no longer get along and seem to fight about everything, you should try to settle your divorce with as little conflict as possible. The following is a list of tips that have proven to be effective in reducing conflict during a divorce.
- Don’t participate in arguments. It takes two people to argue, and if your spouse tries to pick a fight, be the bigger person and walk away.
- Expect tension and know how to deal with it. You will have many difficult discussions, but have these discussions when your children are not around and when you and your spouse are not tired, hungry, or cranky.
- Identify and make a list of what you hope to achieve during the divorce process. Stick to this list to make sure your wants, needs, and concerns are addressed, acknowledged, and understood. At the same time, it is important to remain open-minded. Perhaps you thought you wanted one thing, but as it turns out another solution would work just fine.
- Keep an open mind to your spouse’s point of view, even if you don’t agree with it. Your spouse is likely to be more responsive if he or she feels like you’re actually listening to what they have to say.
- Don’t place blame or make accusatory statements. Although you may want to point fingers, your spouse is likely to become defensive and argumentative.
- Be a big enough person to say “I’m sorry” or “I was wrong.” These types of statements can really go a long way.
- Pick your battles wisely and avoid making petty jabs. Even if you do not agree with what your spouse is saying, take the high road and save your energy for those issues that are most important to you.
- Remained focused on your children. Often times, parents in a contested divorce forget about the children because they are so wrapped up in the fighting, arguing, and name-calling. Remember that you are their parent, and that you should be fighting for what is best for them, not what would anger your spouse the most.
For more tips on how to deal with divorce, please feel free to contact Jacksonville divorce attorney Scott Ellerin today for experienced representation! |
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| January 11, 2010 |
| Disestablishing Paternity |
| Posted By Law Office of Scott Ellerin |
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Have you recently learned you are not the father of a child you thought was yours? You’re not alone. Countless men throughout Florida and around the country have taken part in raising a child, only to discover later in life that the child is not biologically theirs. In these types of situations, there are ways in which a man can
disestablish paternity
. Once paternity has been dissolved, a man will no longer be required to pay child support and will have no further legal or financial obligations to the child.
If you are interested in disestablishing paternity, it is important to obtain representation from an experienced paternity lawyer. Any paternity matter will be an extensive process, as the courts want to ensure the child’s best interest is protected at all times. Disestablishing paternity often involves taking a court-ordered DNA test, and the court may want to evaluate when the child was conceived and what your relationship to the mother was at the time. Although dissolving paternity may seem like an open-and-shut matter, things can get more complicated than you realize. For example, last week we
posted a blog about Christopher Martin, who was trying to disestablish paternity after learning he wasn’t the father of a little boy. Even after a DNA test proved he wasn’t the biological father, the court would not dissolve his paternity because he was $30,000 behind on his child support payments.
A Jacksonville Paternity Attorney Can Help!
Needless to say, having an experienced
Jacksonville paternity lawyer
on your side will undoubtedly increase your chances of successfully dissolving paternity. Attorney Scott Ellerin can make sure you are incompliance with all laws pertaining to your case so that the court has no reason not to dissolve your paternity. Just one simple mistake is enough to halt the progress of a paternity case for months.
Contact the Law Office of Scott Ellerin
today to set up a consultation or click here to fill out an
online
case evaluation form
!
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| January 08, 2010 |
| Why Hire a Military Divorce Attorney? |
| Posted By Law Office of Scott Ellerin |
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If you are a member of the military, and you and your spouse have decided to file for divorce, it’s to your advantage to work with an attorney who has experience handling military divorces.
Although many of the issued involved in a military divorce are the same as those involved in a civilian divorce, there is still value in hiring an experienced
Jacksonville military divorce lawyer
like Scott Ellerin. Military families encounter stresses that civilian families don’t often have to deal with. Deployment, months or years spent apart, relocations, the threat of danger, and the emotional and physical toll a service member might experience during active duty are all things that can factor in to the dissolution of a marriage.
If you and your spouse or going through a difficult time, Mr. Ellerin can provide you with tools and resources to help you try and work through your problems to save your marriage. If you ultimately decide that your marriage is broken, and you wish to proceed forward and file for divorce, Mr. Ellerin can represent you throughout the divorce process, and help you resolve such issues as
child support
,
spousal support
,
child custody and visitation
, and
time sharing
and parenting plans. Furthermore, Mr. Ellerin can also provide you with much needed guidance and representation in regards to the division of your military benefits as well.
Contact the Law Office of Scott Ellerin!
If you are looking for a skilled and dedicated
Jacksonville military divorce attorney
to help you with your case, you should contact the Law Office of Scott Ellerin. Mr. Ellerin has experience handling divorce cases on behalf of servicemen and women in all branches of the United States military, including the
Army
,
Air Force
,
Marines
,
Navy
, and
Coast Guard
. To set up an appointment to discuss your case, please fill out an
online case evaluation
or
contact the office
directly by calling
(904) 866-4489.
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| January 07, 2010 |
| Florida Child & Parental Relocation Laws |
| Posted By Law Office of Scott Ellerin |
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The state of Florida recently enacted new laws that provide specific instructions for divorce or separated parents who want to relocate with their children. These guidelines state that any parent who wishes to move 50 or more miles from their current home must:
- Obtain written permission from the other parent, OR
- Obtain a court order that permits the relocation
If the parents agree to a relocation, then the parent wishing to move can do so without involving the courts. However, if the parents do not agree on the relocation, the parent who wants to relocate must serve a Petition to Relocate to the other parent. Once this petition has been served, the other parent has 20 days to file an objection. If the other parent does not file an objection, the court will permit the relocation. If the other parent objects to the relocation, the parent who wants to move must prove why the relocation is in the best interest of the children.
Failure to serve a petition and/or relocating your children without a court order or permission from the other parent will be considered contempt of court, and can result in a number of penalties, including:
- The court could forbid the relocation
- The court could alter your current time sharing arrangement
- The court could demand that you return the child
- The court could order you to pay the other parent’s attorney fees and any travel expenses incurred from visiting the child or returning the child
Contact an Experienced Child Custody Lawyer
Whether you are the one wishing to move away, or your child’s other parent is the one wanting to relocate, Jacksonville family law attorney Scott Ellerin can provide you with the experienced and trusted legal counsel and representation you need. To schedule an appointment with Mr. Ellerin, please contact the office today at (904) 866-4489! |
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| January 06, 2010 |
| Hidden Costs Associated with Divorce |
| Posted By Law Office of Scott Ellerin |
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Going through a divorce is not only emotionally difficult, but it can also be financially very stressful as well. While many people are prepared to pay for the legal fees associated with their divorce, there are often underlying costs they may not have anticipated. For example:
Real Estate costs: When a couple divorces or separates, one of the spouses needs find another place to live. Financially this means putting down a deposit, first and last month’s rent, hiring movers, buying furniture, setting up utilities, etc.
Health Insurance: If you were on your spouse’s health insurance plan, you will no longer be covered once you get divorced. Therefore, you will need to sign up for your own plan, which can cost you several hundred dollars a month. You can continue the coverage you had under your spouse’s plan through the government’s COBRA, but you’ll be responsible for paying the premium yourself.
Mental Health: Many people who go through the divorce process experience a variety of emotions that may be difficult to deal with on their own. It’s normal for someone to seek out therapy to help them cope with the drastic changes going on in their life. Sometimes a person’s insurance policy covers mental health treatment, but for many people, these expenses come out-of-pocket.
Credit: Credit is one of the top things to suffer during a divorce. It is crucial that you do not let your credit slip. Even if you are going through the worst divorce in the country, remain aware of how much you are spending and be sure to pay your bills on time. If you have joint accounts or your name is on the mortgage, you should cancel those cards and get the balance transferred onto an account that is just in your name. You can also have your named removed from the mortgage if you are not responsible for making the payments. This will protect you in the event that your ex fails to make payments.
Hired Help: After a divorce you may need to hire someone to help around the house. Whether you need babysitting, home repair, garden work, etc., it all costs money.
Keeping the House: Often times, one of the spouses wishes to remain in the family home, usually to provide a sense of continuity for the children. However, paying for household expenses can be expensive, even when alimony or child support is being paid. In some cases, people end up selling the home. But even putting the home on the market will cost money. You may need to fix up the house and you’ll need to hire and pay a real estate agent.
Taxes: There are a number of taxes that may apply to your situation. It is important that you are not caught off-guard, and that you are prepared for any tax expenses that may come your way.
Children and Teenagers: As children get older, the cost of caring for them gets higher. They need new clothes, school books, computers, cell phones, and will probably want all of the latest gadgets. It is important that you are prepared for how much it will cost to raise and care for your children, while they are young and once they become teenagers.
Jacksonville divorce attorney Scott Ellerin is very experienced in all aspects of Florida divorce law, and can provide you with trusted guidance and competent representation throughout the divorce process. To schedule an appointment to discuss your case, please feel free to contact the Law Office of Scott Ellerin today! |
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| January 05, 2010 |
| Grounds for Filing for Divorce in Florida |
| Posted By Law Office of Scott Ellerin |
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In order for a couple to file for divorce in Florida, they must meet one of two grounds:
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The marriage is irretrievably broken. This essentially means that the marriage is broken beyond repair and there is no hope of saving it. Sometimes the court may require the couple to prove they tried to work through the issues that contributed to the breakdown of their marriage, and/or that they took some type of action to fix their marriage. The court may also order a couple to attend marriage counseling before it will grant a divorce. This is common when minor children are involved.
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One of the parties is mentally incompetent. The only time a judge will grant a divorce based on mental incompetency is if one of the spouses has been incompetent for at least three years.
In addition to these grounds, a couple must meet some residency requirements before a divorce will be granted. These requirements include:
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At least one spouse must have lived in Florida for at least six months prior to filing for divorce.
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The state of Florida must have jurisdiction over the other spouse, or that spouse must consent to jurisdiction if they are not a Florida resident.
Experienced Jacksonville Divorce Attorney
If you are interested in filing for divorce in or around Jacksonville, attorney Scott Ellerin can prepare the necessary paperwork and make sure you are in compliance with the grounds for filing for divorce. Once the divorce process is underway, you can trust Mr. Ellerin to protect your best interests and fight for your rights in regards to
property division
,
spousal support
,
child support
,
child custody
, and any other issue that may arise.
To schedule a consultation with
Jacksonville divorce lawyer
Scott Ellerin, click here to fill out an
online case evaluation
or
contact the office
directly by calling
(904) 866-4489!
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| January 04, 2010 |
| Study Finds Couples Who Fight Over Money Are More Likely to Divorce |
| Posted By Law Office of Scott Ellerin |
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A new study confirms what many people have long known: that money problems can drive couples into filing for divorce.
Utah State University’s Jeffrey Dew conducted a study that found money problems raise the risk of divorce. He found that couples who disagree about money or finances at least once a week were 30% more likely to file for divorce than couples who fight about money a few times a month or less.
Dew also looked at the findings by gender. For women, disagreements over money and sex were predictors of divorce, although financial disputes were much more likely to result in divorce than disputes over sex. For men, fights over money were the only type of disagreement that predicated whether they would file for divorce.
It’s not unreasonable that couples who fight about money are more likely to file for divorce. After all, money is essential for survival, and for many people defines an aspect of their self-worth. If you and your spouse find yourselves arguing over finances on a regular basis, you should take the appropriate steps to find a solution to your money problems so that it does not ruin your marriage. Although money problems are some of the most frustrating issues to deal with, there are ways you can work through the issues you are experiencing. Not only will you be more financially secure, but your marriage will no longer suffer.
In any event, if you wish to speak with an experienced Jacksonville divorce attorney, you can contact the Law Office of Scott Ellerin today by calling (904) 866-4489! |
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| January 01, 2010 |
| What is Parental Alienation? |
| Posted By Law Office of Scott Ellerin |
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Parental alienation is something many parents may have never heard of, but could be experiencing without even knowing it. Parental alienation is a situation in which one parent tries to manipulate the child into harboring negative feelings toward his or her other parent in an attempt to sabotage their relationship. Parental alienation is most common in contested divorces, bitter custody battles, or any other situation in which one parent may have some resentment or anger towards the other parent.
If you think your child could be the victim of parental alienation, you should speak with an experienced attorney right away. There are steps that can be taken to address the issue before it permanently affects your relationship with your child. Some signs that may indicate your child is being manipulated or brainwashed include:
- The child is acting more withdrawn
- The child no longer wants to spend time with you
- The child is angry at you for no reason
- The child’s behavior has changed for the worse
- Your relationship has become strained
- The child is blaming you for the divorce or separation
- The child is saying things that a child wouldn’t normally say, implying that he or she is reiterating something they heard from their other parent.
Contact an Attorney for Help!
When parental alienation is not addressed it can cause permanent damage to your relationship with your children. Jacksonville family law attorney Scott Ellerin has experience in this area of family law, and can provide you with trusted advice and guidance throughout this difficult time. Mr. Ellerin knows there is nothing more important than protecting the bond you have with your children, and thus is committed to doing everything he can to help you resolve the situation successfully.
Contact the Law Office of Scott Ellerin today if you are interested in discussing this topic in more detail! |
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