Back when you and your spouse tied the knot, you never imagined you would need the services of a Fort Lauderdale divorce attorney, but circumstances changed. Whether infidelity played a role, or whether you and your spouse just drifted apart, you now face a series of painful hurdles. Even if the separation was your idea, you are probably overwhelmed and confused about how Florida divorce law might apply to your situation.
In short, things feel out of control. Every aspect of your life – your finances, your relationships with your children, your career – can be touched and altered by the divorce. Given all the moving pieces and the high stakes, what can you do to move forward with the most certainty?
3 Steps to Regain Control of the Florida Divorce Process
1. Connect with an experienced, reputable Florida divorce attorney.
What are your rights and obligations under the law?
What’s your current reality?
What’s your ideal outcome?
Perhaps more importantly: how can you move from your current reality to your ideal outcome using the smartest, easiest strategy?
You can piece together answers to these questions on your own by researching online, talking to others who have gone through divorce in Florida, and even studying the law itself. But be mindful: Florida divorce law is complicated and nuanced. An experienced Fort Lauderdale divorce lawyer – someone who has dealt with divorces similar to yours and generated successful outcomes – can help you sidestep common pitfalls and take advantage of opportunities.
2. Petition for divorce or answer a petition which was served to you.
To terminate a marriage in Florida, you need to request a dissolution from the court. The person asking for the divorce is known as the petitioner. The person who responds to the petition is known as the respondent. Once the petitioner has filed for divorce and served the respondent, the respondent must answer the petition within 20 days. To manage this process properly, you must be strategic and follow strict rules of procedure. A Fort Lauderdale divorce attorney can guide and position you to gain the best results.
3. Take ongoing action by following a principled strategy.
Dealing with a Florida divorce the right way involves both high level strategic thinking and “lower level” tactical action. It’s helpful to articulate your principles. Everyone’s principles are different. For instance, maybe it’s very important for you to maintain a cordial relationship with your to be ex. Or maybe you’re focused on protecting your assets and business interests.
Even with a great strategy in place, your situation can change rapidly and without warning. Your spouse, for instance, may change her demands capriciously. You might be blindsided by new child support terms or demands for more equity in a property. Even in the most civil, paint-by-numbers divorces, problems arise that can require quick, effective action.
The Fort Lauderdale divorce attorneys at J. Scott Gunn, PA can help you throughout the divorce process – from the beginning stages to the signing of the final paperwork and beyond. Learn more about our unique, ethical, and powerful approach to Florida divorce law here at www.jscottgunn.com, or connect with us right now for a free consultation at 866-286-4530.
Florida Highway Patrol troopers were investigating the scene of a grisly accident along Interstate 75 in Pasco County, Fla., Thursday, after a dump truck crashed into a U.S. Postal Service tractor-trailer that caught fire after crashing into the road’s median guardrail.
The drivers were able to get out of both trucks before each became engulfed in flames, but much of the mail was damaged or destroyed by fire, the Florida Highway Patrol said.
Mark Alan Berrier, 55, the driver of the mail truck, was transported to University Community Hospital in Tampa.
Manuel Francisco Rodriguez Rivera, 42, the driver of the dump truck operated by R&D Hauling of Land O’Lakes, Fl., was transported to Florida Hospital Wesley Chapel, Gaskins said.
Florida currently enjoys some of the most progressive alimony laws in the nation. Members of the Family Law Section of The Florida Bar have worked closely with members of the legislature to pass good public policy that is fair and equitable to alimony payors and recipients.
Appropriate reform has come in the form of a recently adopted supportive-relationship law that ends permanent alimony in the event of the recipients’ lack of continued need because of a new supportive relationship. Also, reform has occurred and permanent alimony can now never result in the recipient spouse having more income than the obligor spouse.
As a result of the efforts of the Family Law Section through changes made to the alimony statutes in 2010 and 2011, fewer cases are litigated and more are settled.
View Florida’s current alimony statutes, then see the Truth Files to separate the facts from the myths.
The Fort Lauderdale divorce attorneys at J. Scott Gunn, PA can help you throughout the divorce process – from the beginning stages to the signing of the final paperwork and beyond. Learn more about our unique, ethical, and powerful approach to Florida divorce law here at www.jscottgunn.com, or connect with us right now for a free consultation at 866-286-4530.
Florida custody laws are in a constant state of flux. Whether you are a newly divorced dad confused about your father’s custody rights in Florida or a working mom who wants to know how custody laws will impact your ability to work and take care of the kids, you need to understand the basics of time-sharing.
Florida’s New Child Custody Laws Eliminate Old Terminology
A few years ago, Florida law classified parents into two groups: the “primary residential parent” and the “secondary residential parent.” Lawmakers wanted to do away with this nomenclature, since it assumes that one parent is more important than the other. Likewise, the new laws have eliminated the term “custodial parent.” Now, all parents are simply known as “parents.” This makes things easier and cleaner – and certainly more equitable.
Time-Sharing – Factors That Could Be Relevant
As any experienced Florida custody attorney will tell you, the factors that can influence the time-sharing schedule are diverse and nuanced. And once a plan has been put into action, it can be ferociously difficult to change. As the Florida statute puts is: “a time-sharing schedule may not be modified without showing substantial, material and unanticipated changes circumstances and a determination that the modification is in the best interest of the child.”
In other words, you want to get it right the first time!
Here are some factors that help determine the best interest of the child, according to the law:
Your ability and disposition to “consider and act upon” your child’s needs as opposed to your own needs;
Your moral fitness;
The “geographic viability” of any time-sharing plan that you and your spouse develop;
Your physical and mental health;
Your child’s preferences;
Your capacity to provide discipline, nutritious meals, scheduling, and routine;
Any evidence that the child has been neglected, abandoned, abused or subjected to any kind of violence;
Any evidence that you or the other parent lied to the court, particularly with respect to questions of child neglect, abandonment or violence.
Alternative Dispute Resolution (ADR)
Some disputes over child custody need to be settled in the Florida Court System – there just isn’t any other practical way. However, most disputes over time-sharing can be resolved without resorting to expensive, draconian and costly court intervention.
Two potentially useful forms of Alternative Dispute Resolution include mediation and parenting coordination.
Mediation
In mediation, an objective party, known as the mediator, helps to coordinate the time-sharing plan. Mediation is often less costly, less caustic, and faster than going through the courts. A great mediator can help you and the other parent find surprising “win-win” solutions, even if you are at loggerheads about other issues pertaining to the divorce.
Parenting Coordination
In this form of ADR, a third-party, known as the parenting coordinator, teaches parents about the needs of children and how a divorce can influence them. The coordinator keeps the parents focused on the interests of the children and provides coaching and communications help. Coordinators can also help create “set in stone” rules about visitation and drop off times.
Implementing a Successful Parenting Plan
Your kids are constantly changing and growing, as is your relationship with them. It’s difficult enough even for married parents to manage these challenges, which transcend issues like scheduling and visitation and cross over into more core areas, like values. The “moving parts” that go into a well executed parenting plan are diverse. Fortunately, you can lean on outside resources to coordinate, negotiate, and streamline your plan.
For help with time sharing, connect with a Florida custody lawyer at J. Scott Gunn, P.A. For over 18 years, our experienced Fort Lauderdale family law attorneys have been helping moms and dads like you solve their problems and get fair treatment. Call us today for a free consultation: 866-286-4530.
Back when you and your spouse tied the knot, you never imagined you would need the services of a Fort Lauderdale divorce attorney, but circumstances changed. Whether infidelity played a role, or whether you and your spouse just drifted apart, you now face a series of painful hurdles. Even if the separation was your idea, you are probably overwhelmed and confused about how Florida divorce law might apply to your situation.
In short, things feel out of control. Every aspect of your life – your finances, your relationships with your children, your career – can be touched and altered by the divorce. Given all the moving pieces and the high stakes, what can you do to move forward with the most certainty?
3 Steps to Regain Control of the Florida Divorce Process
1. Connect with an experienced, reputable Florida divorce attorney.
What are your rights and obligations under the law?
What’s your current reality?
What’s your ideal outcome?
Perhaps more importantly: how can you move from your current reality to your ideal outcome using the smartest, easiest strategy?
You can piece together answers to these questions on your own by researching online, talking to others who have gone through divorce in Florida, and even studying the law itself. But be mindful: Florida divorce law is complicated and nuanced. An experienced Fort Lauderdale divorce lawyer – someone who has dealt with divorces similar to yours and generated successful outcomes – can help you sidestep common pitfalls and take advantage of opportunities.
2. Petition for divorce or answer a petition which was served to you.
To terminate a marriage in Florida, you need to request a dissolution from the court. The person asking for the divorce is known as the petitioner. The person who responds to the petition is known as the respondent. Once the petitioner has filed for divorce and served the respondent, the respondent must answer the petition within 20 days. To manage this process properly, you must be strategic and follow strict rules of procedure. A Fort Lauderdale divorce attorney can guide and position you to gain the best results.
3. Take ongoing action by following a principled strategy.
Dealing with a Florida divorce the right way involves both high level strategic thinking and “lower level” tactical action. It’s helpful to articulate your principles. Everyone’s principles are different. For instance, maybe it’s very important for you to maintain a cordial relationship with your to be ex. Or maybe you’re focused on protecting your assets and business interests.
Even with a great strategy in place, your situation can change rapidly and without warning. Your spouse, for instance, may change her demands capriciously. You might be blindsided by new child support terms or demands for more equity in a property. Even in the most civil, paint-by-numbers divorces, problems arise that can require quick, effective action.
The Fort Lauderdale divorce attorneys at J. Scott Gunn, PA can help you throughout the divorce process – from the beginning stages to the signing of the final paperwork and beyond. Learn more about our unique, ethical, and powerful approach to Florida divorce law here at www.jscottgunn.com, or connect with us right now for a free consultation at 866-286-4530.
The strange legal battle between Howard Browning and his ex-girlfriend, Lynn Poirier, took a wild turn last week, when Circuit Judge Alan Dickey ruled that Browning was not entitled to a share of her $1 million Florida Lottery winnings.
Browning and Poirier lived together for 16 years in the Lakeland/Orlando area. Few who knew them would have ever suspected that they would become embroiled in one of the most-talked about Orlando contract disputes in the 21st Century.
Poirier, a special ed teacher, won the massive lottery jackpot in the summer of 2007. She then refused to give even a penny to Browning, despite an oral agreement the couple had for years, that if either party ever won the lottery, they would share the proceeds. (Browning also maintains that he gave her the $20 she used to buy the ticket; Poirier has denied this claim.)
After Poirier won the Lotto, it seemed, for some time, as if she may have disappeared. Eventually, she returned to her Seminole County farmhouse, which she shared with Browning. She told Browning the shocking news: the winnings were hers and hers alone. Instead of sharing, she used the money to pay off two mortgages, according to county land records, and to purchase new vehicles for her personal use.
Money for Cars, Not for Love?
Understandably miffed, Browning sued his live-in girlfriend for a fair share of the proceeds pursuant to their verbal agreement. This domestic battle over lottery money sparked national interest in Florida contract law and no doubt gave rise to many a dinner table discussion: “If you won the lottery, honey, you’d give me half of the money? Right?”
The legal ramifications are interesting. The agreement between Browning and Poirier was oral, not a written contract. Although they weren’t married, they certainly had cohabited for quite some time. The case illustrates how complicated and emotionally fraught Orlando contract disputes can become.
Next Step: Appeals Court!
In its recent decision in favor of Poirier, the Court made its ruling based on the Statute of Frauds: 678.1131. A contract or modification of a contract for the sale or purchase of a security is enforceable whether or not there is a writing signed or record authenticated by a party against whom enforcement is sought, even if the contract or modification is not capable of performance within one year of its making.
If you were just working from this definition, you might be convinced that Poirier had a slam dunk argument. But the Statute is subtle! It holds two exceptions, which apply to this case…
The Two Critical Exceptions
1. If the agreement has been fully performed. (In this case it has). 2. If the agreement has the ability to be completed within one year. (It is possible for Browning and Porier to have won the lottery within one year. They did not, but the statute only says “to have the ability”).
In other words, the situation is more ambiguous. One can make a powerful argument that Judge Dickey ruled unfairly, pursuant to Florida law.
Will Your Florida Contract Dispute Become a Crisis of Similar Proportions?
Whether you’re an entrepreneur in a contract dispute with a former partner, or a consumer outraged by a company that has failed to honor its contract obligations to you, the sooner you get capable, incisive legal help, the better.
When contract disputes are allowed to linger in ambiguity, the uncertainties create needless stress. Plus, your ability to obtain a positive result degrades over time. Key documents may be lost or destroyed. Parties may forget precisely what they said and agreed to. The opposing party may use the lull in the action to craft a legal strategy and gain a potentially decisive advantage against you.
If you need a Florida contract dispute lawyer, connect with the team here at J. Scott Gunn, P.A.We willhelp you uphold any contracts or agreements that you’ve made. Connect with us for a free and confidential consultation at 866-286-4530.
“Every parent’s worst nightmare” doesn’t even begin to describe this horrific case of Central Florida fatal child abuse and neglect.
When Joseph Gilkerson learned that his two-year-old daughter, Shaianna, had been strangled to death in her crib by a python, he “broke down and lost it.”
What parent wouldn’t?
How could this have happened? Why was a two-year-old girl living in a place where she was at risk of being attacked and killed by a giant snake, roaming loose in her room? What massive errors of judgment — on the part of her caregivers and others charged with her well-being — led to her being put in such an obviously dangerous position?
Mr. Gilkerson’s Quest for Justice and Closure.
Mr. Gilkerson had been separated from Shaianna’s mother, ex-fiancé Jaren Hare, when the attack occurred. He learned the profoundly disturbing news via the Internet. Can you imagine how disturbing that must have been for him? After the death, police arrested Hare and her boyfriend, Charles Darnell. They have been convicted with third-degree murder, manslaughter, and child neglect and sentenced to twelve (12) years in prison.
But will another culprit escape justice?
Did the Florida Department of Children and Families (DCF) make a profound, fatal error in allowing Hare and Darnell to subject Shaianna to living with a killer snake?
The Florida Department of Children and Families (DCF) is a well meaning agency. But intentions are just intentions. When organizations like the DCF make errors of procedure and judgment in Florida child abuse and neglect cases — even seemingly innocuous ones — these errors have the potential to redound horrifically. Bad decisions made by incompetent bureaucrats can destroy the health and safety of the very children the DCF is charged to protect.
The majority of incidences of Southern Florida child abuse and neglect are more understated — but they’re often no less damaging to children. Here are three more common types of child mistreatment in Florida.
1. Malnutrition
The epidemic of childhood obesity and diabetes has hit Florida hard. Powerful scientific evidence suggests that children who grow up on diets high in sugar (found in common staples like soda pop, twinkies, cookies, etc) can not only be at higher risk for obesity and diabetes but also at higher risk for other diseases. Parents or caretakers who give their young charges tons of sugar can permanently damage the health, mental capacities, and development of these kids.
2. Negligence
Parents or caregivers who allow young children to play in the pool without supervision, access firearms or other weapons, or ingest alcohol, prescription medications, or illegal narcotics can create problems not only for their children but also for neighborhood kids.
3. Abuse
Physical abuse is obviously is an enormous and probably underreported problem in Southern Florida. Abuse constitutes not just physical hitting but also more subtle violence, such as emotional abuse (e.g. yelling and swearing at a child) and extreme restriction of movement (e.g. “grounding” a child in her room or in a basement for days or weeks at a time).
If you are a concerned parent, grandparent, caretaker, or a family friend, you have the power to take action to prevent disaster and to hold a careless/negligent/abusive party accountable to the law. Connect with the team here at J. Scott Gunn, P.A. at 866-286-4530 for a free consultation. For over 18 years, we’ve provided aggressive, fair, and ethical representation to family law and personal injury clients. Learn more about us at www.jscottgunn.com.
Family law matters can be resolved in one of two ways; through mediation or through a contested trial. Mediation of family law matters can be had through formal mediation or through informal settlement discussions and proposals between counsel and/or parties. Regardless of the manner in which you are pursuing settlement of your family law matter, it is never in your best interests to attend any mediation process or engage in settlement discussions without having an attorney representing your interests and advising you regarding the true state of your rights and obligations.
If you attend a mediation or engage in settlement discussions without an attorney and execute a mediated settlement agreement or consent final judgment, you could unknowingly waive rights that you have to property, child support, alimony, tax benefits, visitation and custody. Likewise, you can bind yourself to paying support obligations that you otherwise would not be obligated to pay simply because you may not understand the full legality of what you are doing. Oftentimes we have clients who consult with us after the fact in an effort to modify existing mediated settlement agreements and/or consent final judgments. In many of those instances we unfortunately have to advise the clients that nothing can be done in the way of modification based upon the fact that they signed off on a mediated settlement agreement and/or consent final judgment.
Many times the money saved by not hiring an attorney is short-term and the cost of fixing a mistake if possible; is much more than the cost of hiring counsel in the first place.