Recent Posts in Divorce Category

Divorce can be life altering for many people.  When a couple is married, they get into a routine and take control of differing responsibilities.  However, when the relationship comes to an end, spouses have to learn how to cope without one another and will have to take on additional responsibilities.

If you are currently going through a divorce or a legal separation, here are some things you can start doing now to make the post-divorce transition easier:

§  Learn to take control of your finances.  In many marriages, one spouse will take over the payment of bills and make sure the budget is balanced.  After a divorce, individual spouses will have to take over this responsibility, which can be daunting.  Start preparing your budget now and get in the habit of monitoring and paying your bills.

§  Organize important paperwork.  Put together a folder that will contain all of your important records and vital information, such as account number, bank statements and legal paperwork.  Should you need this information, it will always be accessible and you will know exactly where to look.

§  Build a network of friends and family.  After your divorce, you will need emotional support from time-to-time.  Having a network of friends and family that you can call in times of distress will help you get through tough times.

Going through a divorce in Jacksonville?  If so, now is the time to hire a Jacksonville divorce lawyer that can help you get through this challenging time.  To speak with an attorney, contact Ellerin & Hutchinson today!

More often than not, before couples decide to part ways, there are obvious signs that divorce is on the horizon.  Below, some common signs of divorce are identified:

§  One or both spouses frequently thinks about that it would be like to be separated or imagines living a life without being married to their spouses.

§  One or both spouses feel that the bad aspects of the marriage far outweigh the good aspects.

§  One or both spouses often choose to keep secrets or to keep things hidden. 

§  One or both spouses no longer wish to be intimate, either physically or emotionally.

§  One or both spouses feel as if they are the only ones trying to solve problems within the relationship and are getting nowhere.

Although these signs are not guaranteed to lead to divorce, they often foretell that there are marital problems that could lead to separation in the future if not resolved.

If you are going through an uncontested divorce or a contested divorce in Jacksonville, contact Ellerin & Hutchinson to discuss your situation with a Jacksonville divorce lawyer.

If you are going through a divorce and you are a member of the U.S. military service, you will want to obtain legal representation from an attorney that handles these types of cases.  Below, we provide a few tips on choosing a military divorce lawyer for your case:

§  Make sure that you choose a family lawyer that is local.  Not only will this ensure that you have access you your attorney, but it will also ensure that your attorney is familiar with the family laws of your state.

§  Ask about prior military divorce case experience.  Military divorces are different than other types of divorce and the circumstances can be tricky.  For this reason, you want to work with an attorney that has immense experience working on these types of cases.

§  Do you have other family law matters with are related to your divorce?  For example, will you need help obtaining child custody?  If so, you will want to hire a family law attorney that is capable of representing you not only during your military divorce, but also during related family law matters.

If you're ready to consult with a Jacksonville divorce attorney that can offer you advice and legal assistance, contact Ellerin & Hutchinson now!

Actress Sandra Bullock has finalized her divorce from Jesse James. Bullock filed for divorce on April 23, a month after tabloid reports surfaced that James had been unfaithful to her with a tattoo model named Michelle (Bombshell) McGee. McGee told InTouch Magazine in March that she and James had conducted an 11-month affair that began when Bullock was filming The Blind Side in Atlanta, GA.

With the divorce finalized, Bullock will be able to complete the adoption of her five and a half month old son, Louis Bardo. The baby has been living with Bullock since January. It is also reported that despite the divorce, James will remain in Austin, TX, so that Bullock can continue her relationship with his three children. Bullock and James were married for five years.

If you live in Florida and have decided that it is time for you to end your marriage, get the help you need by working with a Jacksonville divorce attorney.  Contact Ellerin & Hutchinson now!

This Friday, Dwayne Wade's divorce is expected to be finalized.  Even though the divorce will at last be final, other family law matters between Wade and his soon-to-be ex are yet to be resolved.

News sources report that a Chicago judge ruled cause exists for a bifurcate judgment in Wade's case.  This means that while the divorce will be granted by the court, separate legal battles will continue regarding child custody and property division.

In August 2007, the couple officially separated.  They are expected to appear in court in July to resolve child custody matters.  The couple has two sons, ages 8 and 3.   

Also in July, Wade is expected to become a free agent, although he would like to still play for the Heat.  It is said that he could be offered a contract worth $127 million.

If you need assistance with a divorce in Jacksonville, contact Ellerin Hutchinson and arrange to speak with a Jacksonville divorce attorney.

When people are about to file for divorce or are in the midst of a divorce, they often wonder if they should hire a divorce attorney.  If this is a question that you are struggling with, ask yourself the following questions:

Do you know what paperwork you will have to fill out to initiate your divorce?  If not, a Jacksonville divorce lawyer will surely come in handy as he or she will be able to take over this responsibility.  A divorce lawyer can also make sure that paperwork is completed correctly and promptly.

Do you have kids and will child custody be an issue?  Whenever spouses have children, it is always a wise idea to obtain the services of a divorce lawyer that protect relationships parents have with their kids. 

Do you feel forced to agree with your spouse r even threatened?  If you answered "yes", know that a divorce attorney can inform you of your rights and serve as your dedicated advocate.  This means that your needs will be expressed as you will have a litigator on your side that is committed to making sure your wishes are met.

To learn how a Jacksonville divorce lawyer can help you, contact Ellerin & Hutchinson now!

Contrary to belief, not all spouses who choose to divorce are arch enemies.  In fact, may are friends and wish to remain friends by ending their marriages on amicable terms.  However, when you are friends with your spouse, your emotions may cloud your judgment and prevent you from going through with an uncontested divorce.

If you are still friends with your spouse and wish to pursue an uncontested divorce, follow these three tips:

-  Consider divorce mediation.  Talking through your family issues and working together to reach mutual decisions with help from a professional mediator will ensure that your friendship remains intact.

-  Encourage discussions on important issues and express your needs.  When talking about important issues, like child support and child custody, be sure to express your desires and wishes.  If you find that this leads to contentious arguments, it is best to work with a divorce mediator.

-  Hire separate divorce attorneys.  Even though you plan to go through an uncontested divorce, it is important that both you and your spouse have sufficient legal representation to ensure that your best interests remain protected.

Are you going through an uncontested divorce in Jacksonville?  A Jacksonville divorce attorney from Ellerin Hutchinson can provide you with assistance.  Contact us now!

One of the many questions that clients ask our firms is "who is responsible for debts that were accrued during marriage?"  This question becomes a major issue after couples decide to divorce and have to deal with the division of their property.

The state of Florida is an equitable distribution state.  This means that property is distributed between spouses equitably, not equally.  Most people think that property only refers to material assets, like homes and cars.  However, property also includes debt.  If spouses accumulated debt during their marriage, the debt will be distributed equitably by the family courts of Jacksonville.

For example, let's say two spouses share a credit card and they have racked up debt.  If they move forward with their divorce, the debt will be divided equitably as the court sees fit unless the spouses reach a mutual agreement.

If you have additional questions about debt, equitable distribution or divorce in Jacksonville, contact Ellerin Hutchinson to speak with a Jacksonville divorce lawyer.

News sources are reporting that Tiger Woods soon-to-be ex wife, Elin, has hired a top lawyer in London.  She wants the lawyer to look into her husband's finances as she enters into divorce proceedings in the state of Florida.

Since her battle with Woods has become increasingly tumultuous, the 30 year old has had to turn to litigators for help.  She recently hired Walter Jnr, a lawyer that is very experienced in tracking down hidden assets. 

A few days ago, a close friend of Elin's told news sources that, "She said from the beginning that she didn't want to fight over money, but at the same time she wants to know exactly how much money Tiger has."  Elin is seeking $750 million from the pro golfer.  With the proceedings become more and more involved, it looks like there may be little hope for reconciliation between the two spouses.

If you are going through a tough divorce in a Florida city, like Jacksonville, know that a divorce lawyer can make a world of difference in the outcome of your case.  To speak with a Jacksonville divorce attorney, contact Ellerin Hutchinson today.  We would be more than willing to discuss your case with you and provide you with legal insight.

Are you currently going through a tumultuous divorce?  Are you and your spouse finding it extremely difficult to come to an agreement on the most important issues, such as child custody or child support?  If so, now is the time to speak with a Jacksonville divorce lawyer at Ellerin Hutchinson. 

At our Florida law office, we work with people who are going through strenuous contested divorces and we aim to provide our clients with the guidance, reassurance and services they need to resolve matters quickly.  With our involvement, people have a much better chance of expediting their divorces and obtaining favorable outcomes when it comes to issues like property distribution or even visitation.

As experienced Jacksonville family law attorneys, we know that when people are going through contested divorces, they need legal services and resources that they can count on.  Without appropriate legal representation, contested divorce proceedings can seem endless and become more strenuous as time passes. 

Instead of going through a contested divorce on your own, contact the litigators at Ellerin Hutchinson today!

To continue on with the previous article involving divorce facts and myths, following  are a few more common facts and myths to entertain.

Myth:  living together before marriage is a good way to reduce the chances of eventually divorcing.

Fact: Numerous studies have found that those who live together before marriage have a greater chance of eventually divorcing. The reasons for this are not particularly understood. Some think there is evidence that the act of living together itself generates attitudes in people that are more conducive to divorce, namely the attitude that relationships are temporary and  can be easily ended.

 Myth: Dissatisfaction and unhappiness in the marriage at certain points in time is a good sign that the marriage will eventually end in up divorce.

Fact:  The larger majority of marriages have ups and downs; this is a normal part of  life. One cannot expect every day to be a good day. According to recent research using a large national sample, it was  found that 86 percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated that they were happier when interviewed five years later. Three fifths of the formerly unhappily married couples rated their marriages as either "very happy" or "quite happy."

If you are experiencing unhappiness in your marriage, speak to a Jacksonville family law attorney who has an experienced and caring hand in these matters. To set up a consultation contact us at  904-638-3134.

Marriage is a firm agreement between two people but this agreement also includes financial concerns. There are specific circumstances where it's a good idea to have a prenuptial agreement set up between a couple.  Here are just a few reasons why a prenuptial, often referred to as a "prenup" agreement would be important.

In the circumstance where you had children from a previous marriage and you wanted to ensure they inherited the assets you accumulated before your second marriage, a prenuptial agreement would be in order. If you were to get divorced or die without a prenuptial agreement, your children might have to share part of this amount with your new spouse.

Another very good  reason for having a prenuptial agreement would be if  you have a share in  a family business before your present marriage and you wanted to keep the business on that side of the family. If you died without a prenuptial agreement in place or  wound up getting divorced, your new spouse might  now share in the family business which could dramatically change the family interaction within the business.

If  you fall into either of these categories and are considering marriage or know someone who is, it would be worthwhile to have a legal expert draw up a prenuptial agreement. Contact a Jacksonville family law attorney at Ellerin Hutchinson today at (904) 638-3134 to arrange a consultation.

In a recent article written by David Popenoe, some of the more common facts vs. myths pertaining to divorce were laid out. It's a good idea to have a clear concept of what is truth & what is fiction when it comes to this subject. Following are a few of these myths and facts concerning the subject of divorce.

Myth # 1:  Second marriages tend to be more successful than first marriages because people learn from their bad experiences.

The Truth: Although many people who divorce have successful second (or even third marriages,) the divorce rate of remarriages is in fact higher than that of first marriages.

Myth #2 : Having a children  together will help prevent divorce and enable a couple to improve their marital satisfaction.

The Truth: Studies have shown that the most stressful time in a marriage is after the first child is born. There is only a slightly decreased risk of divorce for couples who have children compared to couples who have no children, but the decreased risk is far less than it used to be when parents with marital problems were more likely to stay together " just for the sake of the children." Part two of   "The Facts and  Myths of Divorce"  to come soon."

If you need help with a divorce and are looking for a competent Jacksonville family law attorney, contact our offices today at  904-638-3134.

Most people who engage in extramarital affairs have some idea in the back of their mind that things could end badly. But it’s safe to say that for one New York woman, things ended worse than she could’ve ever imagined.

Anne Lundquist, 49, was ordered to pay $9 million to Cynthia Shackelford under a law called “Alienation of Affection.” This law basically gives people the right to sue the man or woman they feel is responsible for breaking up their marriage. And believe it or not this law, which dates back to centuries’ old common law, is still enforceable in seven states.  

Shackelford claims her marriage ended because of her husband Allen’s affair with Lundquist. Some ask why not address the issue with the man that took the vows to be faithful, but Shackelford feels Lundquist intentionally tried to break up the marriage.

“She's the one that came in between us as far as her luring ways, and which I had plenty of proof from e-mails, phone records, spending, that she alienated him from me. She used work and other ways to get in and get friendly with him."

Allen Shackelford says their marriage didn’t fail because of Lundquist, and that they had problems long before she even came into the picture. According to Allen, Cynthia mentioned filing for divorce two years before his relationship with Lundquist began.

Nevertheless, Shackelford’s claim held up. Lundquist was ordered to pay $5 million in compensatory damages and $4 million in punitive damages.

Shackelford doesn’t expect Lundquist to pay, but she that’s not why she took the case to court. Shackelford wanted to send a message to people involved in affairs with married men and women that their behavior is not okay.

At Ellerin Hutchinson, we assist clients throughout Jacksonville and Northeast Florida with their divorce and family law matters. If have a case or legal issue you’d liked to discuss with an experienced Jacksonville divorce lawyer at our office, please call (904) 866-4489 to schedule a consultation today!

Finances are something many unhappily married couples consider before making the drastic step to end their marriage. Sometimes completely miserable couples stay together solely because it would not be a safe or smart move financially to end the marriage.

In Florida, many couples who have been hit hard by the unemployment and foreclosure crisis are choosing to stay in unhappy marriages out of fear they will not have the financial security they need for independent life. Furthermore, because Florida is an equitable distribution state, martial property, including marital debt, will be divided between the spouses. If one or both people in the marriage has accumulated debt, they may hesitate to file for divorce out of concern over how that debt will be dealt with. Another reason a couple may choose not to divorce during a recession is because they would not be able to afford alimony or child support payments.

As if things for NBA star Allen Iverson couldn’t get any worse, his wife of 8 ½ years has filed for divorce.

In her divorce petition, Tawanna Iverson said her marriage to Allen was “irretrievably broken.”She also asked for temporary and permanent custody of their five children, as well as an unspecified amount in alimony and child support. She is also seeking attorney’s fees and an equitable distribution of their marital property.

The divorce filing comes a week after Iverson, who plays for the Philadelphia 76er’s, announced he will not play the rest of season in order to have more time to spend with his sick 4-year-old daughter.

Tawanna’s attorney, John Mayoue, would not comment on what led Tawanna to file for divorce. However, according to the court papers filed by Tawanna, the couple has been living separately.

The divorce petition was filed in Fulton County Superior Court in Georgia. The Iversons have lived in the north Atlanta area since August.

Divorce doesn’t always have to be a messy, complicated process. It’s very possible for a divorce to be done in a civil and respectful manner, even when issues that are normally hotly contested are involved, such as property division or child custody .

Despite what some people might tell you, there are ways to have a successful divorce. The Vancouver Sun recently published an article that provides several tips to keep in mind both before and during the divorce process to increase your chances of resolving your divorce successfully:

• Put the love for your children before your dislike of your husband or wife.
• Do not fight in front of your children.
• Make sure your children still have access to both sides of their family.
• Understand that your children will be dealing with their own emotions.
• Make educated decisions instead of emotional ones.
• Seek out professional or expert support on every topic. Although you will have a legal expert in your attorney, feel free to speak with financial planners, tax experts, child psychologists, etc.
• Remember money is an important issue for both you and your ex. Make sure you are in the right mindset to discuss it.
• When it comes to dividing your assets and investments, make sure you understand the full scope of them, such as their risks, outlook, tax implications, costs, etc., then make an educated decision.
• Make sure you are on the ball with your financial situation, and that you have a solid understanding of where you stand financially.
• Surround yourself with people who can help you deal with the non-legal aspects of your divorce. If you don’t like your ex’s parenting skills, find a family law expert who can help you deal with this.
• When you’re feeling sad or angry, focus on things that make you feel happy. Go on a run, read a good book, have lunch with friends, pursue a hobby, just do something that takes your mind off the divorce and reminds you that you love life.

A Jacksonville divorce attorney at Ellerin Hutchinson would be happy to provide you with information and resources to help you get through your divorce successfully. We understand how emotionally taxing a divorce can be, and want to make sure the divorce process is as easy for you as possible. To schedule an appointment to discuss your divorce, contact the office today at (904) 866-4489!

Ruth Bettelheim, a psychotherapist, marriage and family counselor, and author, wrote an article in which she claims divorce isn’t what’s damaging to children—family conflict is. Bettelheim points out that multiple studies have shown that divorce and re-marriage do not harm a child’s emotional or psychological well-being. What’s most damaging to children is being exposed to parental or family conflict.

Bettelheim points to a study by E. Mavis Hetherington that found on all meaningful measures of success—social, economic, intellectual, and psychological—that adult children from divorced families were no worse off than children whose parents are still married. In her study, Hetherington writes that although adult children might look back at their parents’ divorce as a painful or sad experience, they were still able to achieve success in young adulthood—finding a job, establishing a career, getting married, building a solid life, etc.

So what needs to change? Bettelheim says we need work on eliminating a legal system that breeds conflict. When the parties in a divorce or custody battle are pitted against each other, it’s not a healthy environment for the children. Bettelheim says that children exposed to family conflict may suffer from anxiety, low self-esteem, depression, or have difficulty forming meaningful relationships.

When it comes down to it, Bettelheim is suggesting that parents need to make a better effort to resolve their cases without conflict. For more information about the benefits of an uncontested divorce, contact a Jacksonville divorce lawyer at Ellerin Hutchinson today!

A 12-year-old Saudi Arabia girl who was forced to marry an 80-year-old man is receiving help from the Human Rights Commission, according to the Times of London.

The girl’s father arranged the marriage to his 80-year-old cousin against both the girl’s wishes and the wishes of her mother.  The practice of marrying young girls to older men is common for poor families in tribal areas.

But now the state-run commission is stepping in to help the girl file for divorce.  The commission has hired an attorney to represent the girl in what some people think could be a test case for banning child marriages in the country. There is currently no minimum age for marriage, which is way so many young girls from poor families are married off to sometimes much older men.

A law that would ban the practice is now being discussed in Riyadh, the country’s capital, and activists are hopeful the case could be a turning point in the country’s marriage laws. Alanoud al-Hejailan, a commission lawyer, said the case is now is in the hands of the court, but that the commission is firmly on the girl’s side.

The court is expected to rule on the case soon. If a divorce is not granted the commission said it would file an appeal.

Ellerin Hutchinson is a family law firm located in Jacksonville, Florida that devotes a large portion of its practice to divorce, including uncontested divorce, contested divorce, military divorce, and divorce mediation. To arrange a consultation with an experienced  Jacksonville divorce attorney at the firm, please  contact Ellerin Hutchinson today at (904) 866-4489.

Kate Walsh, star of the ABC television drama “Private Practice”, has reached a divorce settlement with her former husband, FOX executive Alex Young.

Under the terms of the settlement, Walsh will pay Young a one-time payment of $627,000, along with half of the money she earned from any work she did during the course of their marriage. Walsh and Young were married in September 2007 and filed for separation in November 2008.

Walsh will get to keep the couple’s house and a piano. The rest of their assets will be divided by alternating picks after flipping a coin to determine who will pick first.  If Young doesn’t pick within 10 days then all of the couple’s marital assets will remain with Walsh.

Walsh and Young’s 15-month marriage came to end when Young filed for divorce citing irreconcilable differences. Walsh also filed for divorce citing the same grounds.

Have you and your spouse decided to file for divorce? Are you interested in settling your divorce without intervention from the court? To learn more about the ways you and your spouse can avoid a contested divorce, please  contact Ellerin Hutchinson today at (904)-866-4489 to arrange a consultation with an experienced Jacksonville divorce lawyer.

Former Presidential Candidate John Edwards and his wife Elizabeth have legally separated after more than 30 years of marriage.

The couple’s separation comes after months of controversy. John admitted to having an affair with a Rielle Hunter, a videographer whom he worked with before the start of his second presidential campaign. Then when Hunter claimed John was the father of her child, John repeatedly denied his paternity. It was only last week that John finally admitted he was the father of Hunter’s daughter.

This is not the first hardship to hit the Edwards, although it is the one to break their marriage. In 2007 Elizabeth learned her cancer had returned, which is now in stage four and has been diagnosed as incurable. And in 1996 John and Elizabeth lost their oldest son Wade after he was killed in a car accident.

The couple’s separation also coincides with the release of a book by John’s longtime, now former aide Andrew Young.  In his book, Young claims John asked him to lie about the fact that he fathered a child with Hunter.

Neither Elizabeth nor John has made any public statements regarding their separation.  Elizabeth says the claims Young makes in his book are false and exaggerated. 

The Edwards filed for separation in North Carolina, where the divorce law states that a couple must legally separate for 12 months before they can file for divorce.

If you own a business, it’s important to ensure you have a plan in place to protect your business and its assets in the event of divorce. One study suggests that as many 60% of U.S. business owners do not have a divorce protection plan in place.

Having an established business protection plan is not only a smart financial move for the business owner, but it also protects the employees who depend on the business as their source of income.

Beth Wood, an assistance vice president of the Life Company Marketing division of MassMutual, brings up several good points. She says “If a company is owned by a couple, a divorce can paralyze the business and create divided allegiances among employees and customers. It could also jeopardize a family's wealth and the owners' retirements."  

When a business is owned by just one spouse, a divorce can still hurt the business a great deal. Should the business owner’s ex-spouse be awarded the business as part of the divorce settlement, changing ownership and decision-making power might cause some employees to question authority. It can also be very distracting for employees as well.

The study, conducted by Massachusetts Mutual Life Insurance Company (MassMutual), found that nearly half of those who responded to the study said their divorce had a negative impact on their business. The study also found that smaller business owners were less likely to have a business protection plan in place than owners of large companies.

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!

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!

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.

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!

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!

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!

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!

In order for a couple to file for divorce in Florida, they must meet one of two grounds:

• 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.
• 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:

• At least one spouse must have lived in Florida for at least six months prior to filing for divorce.
• 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.

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!

According to a new report issued by the Pentagon, the divorce rate among service men and women in the military has increased a full percentage point since the September 11 ^th attacks.

In the last budget year, there were approximately 27,312 divorces among the 765,000 married members of the military.  This figure includes active military personnel in the Army, Navy, Marine Corps, and the Air Force.

Based on these numbers the divorce rate for the fiscal year of 2009 is 3.6 percent, compared with last year’s figure of 3.4 percent.

The divorce rate among reserve members of the military has also increased, with 2.8 percent of reservist filing for divorce compared to 2.7 the previous year.

The report also indicates the divorce rate is higher among female members of the military as opposed to men.  In 2009, 7.7 percent of women filed for divorce compared to just 3 percent of men.

A reason for the increase?  Experts believe the stress of being in a war zone and the fear of dying can affect soldiers’ attitude, behavior, and personality.  Since 2001, when the first troops were deployed to Iraq and Afghanistan, thousands of U.S. soldiers have been killed and countless more have been injured.   In addition, the public’s support of the war has also gone down in recent years, with many Americans now opposing the war and thinking the war is no longer worth fighting for. 

Both of these factors are enough to cause someone to lash out at loved ones, become depressed or withdrawn, or simply become an angry person. 

Jacksonville divorce lawyer Scott Ellerin has vast experience handling military divorces , and is familiar with the unique issues involved in these types of divorce cases.  If you are a member of the military and are considering filing for divorce, contact Attorney Scott Ellerin today for experienced and dedicated representation.

The troubled economy has had an interesting effect on marriages throughout the country. Every day it seems as if a new article is published about the effects of the economy on the divorce rate.  One article says the economy is pushing couples apart, another says the hard economic times have spiced things up in the bedroom, while other articles talk about how unhappily married couples are staying together because they cannot afford to hire a divorce lawyer.

It makes sense that a poor economy would have at least some effect on relationships.  After all, money and job security is a huge aspect of a person’s self-worth and a family’s ability to survive.  When money is tight, it could stir up any number of emotions.  Some couples become closer after going through a difficult time, both intimately and emotionally.  When there isn’t enough money to spend on leisure activities, some couples turn their attention to the bedroom, reigniting what caused them to fall in the love in the first place.  On the complete opposite side of the spectrum, other families are torn apart.  For some couples, the stress and frustration of the situation can lead to so much fighting and bickering and blame that it drives them apart, ultimately ending in a divorce.

Then there are those articles about couples who are unhappily married but stay together because they cannot afford to get divorced, either because they cannot afford to hire a divorce lawyer, or because they cannot afford child support, spousal support, or supporting oneself on only one income.  

Once the economy finally begins to turn around, it will be interesting to see what happens to these couples and the divorce rate. Will the divorce rate go down? Will more couples stay together in a strong economy? Only time will tell.

Considering filing for divorce? Contact Jacksonville divorce attorney Scott Ellerin today!

During a divorce, the division of assets is referred to as equitable distribution. Many people misinterpret the term equitable distribution, thinking it means equal distribution.  Equal distribution is the process of dividing a couple’s marital assets and debts equally.  Equitable distribution is the process of dividing a couple’s assets and debts in an equitable manner.  Equitable means fair.  This means the judge will need to review all of a couple’s assets and debts, as well as each spouses’ contributions, to determine what would be the fairest way to divide the assets.

Some other factors the judge might take into consideration include:

• The contributions of each spouse to the marriage, including both financial contributions and non-economic contributions
• Each spouse’s income and financial situation
• How long the couple was married for
• If one spouse stayed home from work to care for children while the other pursued a career or advanced education
• If one spouse provided the sole income while the other went back to school or developed a trade skill
• Each spouse’s wishes in regards to the real estate, vehicles, jewelry, furniture, time shares, etc.
• If children would have to move from the current family home
• If one spouse owns a business or practice

When it comes down to it, the judge is simply looking for a fair way to divide the assets and debts between the spouses.  However, as you can imagine, this can become very complicated and hotly contested when the parties involved have conflicting opinions over how the debts and assets should be divided.

If you are going through a divorce, Jacksonville divorce attorney Scott Ellerin can make sure your wants, needs, and concerns are understood and acknowledged by the judge, and protect your rights and best interests throughout the divorce process.  If you are interested in scheduling a consultation to discuss your case, please contact Scott Ellerin today or click here to fill out a free case evaluation.

During a divorce, it may be difficult for the parties to agree upon issues such as child custody and visitation, child support, alimony, division of property, and more.  So much so that the constant bickering, fighting, and arguing can lead to a highly volatile situation.  When the parties are unable to resolve the various issues of their divorce, it is referred to as a contested divorce.  If possible, it is to your advantage to avoid this type of situation.  Not only do contested divorces tend to be emotionally draining, but because the parties cannot reach mutual decisions, they can also take months, if not a year or longer to resolve.   In the end, this means more money, more time, and more stress for you.  The longer a divorce battle rages on, the more money you can expect to spend in the long run on attorney fees and court costs.

The opposite of a contested divorce is an uncontested divorce.   Uncontested divorces are met with little turmoil, as the parties are able to amicably reach decisions over the dissolution of their marriage. When both parties are able to agree on the various issues of their divorce, it makes the process goes much more smoothly, ultimately saving both parties a great deal of time, money, and unneeded stress and anxiety.

How a Skilled Jacksonville Divorce Attorney Can Help

If you have decided to file for divorce, Jacksonville divorce lawyer Scott Ellerin can help you work towards addressing the various aspects of your divorce in an amicable manner.  If any discrepancies, disagreements, or arguments should occur, Mr. Ellerin can help you resolve them quickly, so you can focus on what is most important: resolving your divorce quickly, efficiently, and in a way that meets your satisfaction!

Filing for divorce in Jacksonville or the surrounding area? Contact Jacksonville divorce attorney Scott Ellerin today!