Jacksonville Divorce Attorney Blog — Page 2 of 59 — Published by Child Custody, Support & Divorce Jacksonville Divorce Lawyers — Law Office of David M. Goldman PLLC
Have you been taken advantage of by someone in a purchase or contract? This happens often when someone purchases something over the internet. Florida has a very large population of elderly individuals. Because many elderly persons are vulnerable and subject to exploitation some of Florida’s laws are more stringent than in other states. While elderly persons are the most preyed upon, anyone can be taken advantage of in a given situation and their money taken. If this has happened to you, you may have remedies under Florida’s Civil Theft Statute. Contact your local Jacksonville elder law attorney to find out if you have a case.
Florida’s Civil Theft statute can be found at §772.11 titled Civil remedy for theft or exploitation. This statute provides that any person who can prove by clear and convincing evidence that he/she has been injured in any fashion by reason of any violation of Florida’s criminal statutes §812.012-812.037 or §825.103(1) has a cause of action for threefold (or 3 times) the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney’s fees and court costs in the trial and appellate courts. The criminal statute that covers theft is §812.014 and that generally is the statute you look at to determine if you have a civil theft case.
There are procedures that must be followed before making a civil theft claim. You must send a demand letter to the potential defendant and give them 30 days to make payment on the treble damages you will be alleging in your complaint. If that person complies and makes payment, a written release from civil liability for the specific act of theft or exploitation must be given to the defendant. You should consult your Jacksonville family law attorney for assistance if you believe you are the victim of civil theft.
Posted in: Guardianship and Uncategorized
WHAT HAPPENS IF ONE SPOUSE DOES NOT WANT A DIVORCE?
It is not uncommon in a divorce case for one of the spouse’s not to want to end the marriage. One partner may think that there is a chance of working things out and resolving their differences, or they may not want to legally dissolve the marriage for other reasons. If your spouse has started divorce proceedings, and you really don’t want a divorce, your options may be limited but there is something you can do. Florida is one of seventeen states that follow No-Fault laws in divorce cases. The Petitioner only has to allege that the marriage is irretrievably broken. If you really do not want a divorce you should answer the Petition for Dissolution by alleging you do not believe the marriage is irretrievably broken. Florida Statute §61.052(2)(b)1 allows you to request the Court to Order you and your spouse to marriage counseling. It is rarely done and there are specific requirements that must be met. Your Jacksonville Family Lawyer can assist you in understanding this law and representing you in Court.
In order for a spouse to utilize this statute, the parties must have a child together. If the Court grants the request for marriage counseling, psychiatrist, priest, minister, rabbi, or any other professional the divorce will be placed on hold for approximately three months to allow the counseling to take place. Florida Statute §61.052(2)(b)2 allows the Court to continue the proceedings for a reasonable length of time not to exceed 3 months, to enable the parties themselves to effect a reconciliation. During any period of continuance, the Court has jurisdiction to make appropriate orders for the support and alimony of the parties; a parenting plan, support, maintenance, and education of any minor children of the marriage; attorney’s fees; and the preservation of the property of the parties. Consult your Jacksonville Family Lawyer for assistance with your case.
As previously stated, the above statute is rarely used. This is because if one person wants to end the marriage, counseling is usually not effective. By the time a person has made the decision to start the divorce process, they have usually given it a lot of thought and intend to go through with it.
Posted in: Alimony, Child Custody, Child Support, Divorce, Equitable Distribution, Spousal Support, Timesharing and Visitation
Do I Need a Domestic Violence Injunction
Under the Florida Statutes, Domestic Violence is defines as “any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offenses resulting in physical injury or death of one family or household member by another family or household member.” F.S. 741.28.
Is Domestic Violence Criminal?
Posted in: Divorce, Domestic Violence, Injunctions, Marriage, Mediation, Paternity, Timesharing, Uncategorized and Visitation
Unlawful Detainer – No lease, No rent payments, How Do I Get Them Out of My House?
In this day in age, many people are being forced to allow family members to live with them for what is supposed to be a temporary stay until they get on their feet again. They allow them to reside in their home without a lease out of the goodness of their hearts and then the good Samaritan gets taken advantage of by the temporary resident. What was meant to be a temporary stay turns into a longer period of time and when the Good Samaritan property owner asks the person to leave the home they refuse to do so. What can a person do under those circumstances when there is no lease in place? Eviction is not an option if there is not a lease. When there is no lease in place and the person refuses to leave you will have to file an Unlawful Detainer action or Ejection using Florida Statute. Your Jacksonville family law attorney can assist you with this type of case.
Unlawful Detainer cases are entitled to what is called summary procedure under Florida Statute §51.011. Under Summary procedure the defendant must file an answer with five (5) days after service of process. Normally, most complaints the defendant has 20 days to file an answer or respond. Under Florida’s unlawful detainer statute §82.03(4) the Court shall advance the cause on the calendar. This means that the Court is required to move it up on the docket and deal with it immediately. If the Defendant fails to answer after 5 days from being served, the Plaintiff (Homeowner) can file a Motion for Default Judgment. If the defendant answers the complaint the Court must conduct a hearing immediately to determine the legitimacy of the defendant remaining on the property. If the Court enters a default, the Plaintiff then receives a Final Judgment and requests the Judge enter a Writ of Possession. The sheriff then serves the Writ of Possession on the defendant and requires them to leave the premises. If the Court holds a hearing and finds that the defendant has no legitimate right to remain at the property, it will enter a Final Judgment of Possession on behalf of the Plaintiff. At that point, the Plaintiff submits a Writ of Possession to the Court which is entered and served on the Defendant by the Sheriff and if necessary, the Sheriff will remove the defendant from the premises and charge them with Trespass.
Since the pandemic hit, foreclosures and evictions have been stalled due to the Governor enacting a stay on foreclosure and eviction procedures based on the recommendation of the CDC. Unlawful detainers are not affected by the Order of the Governor stalling foreclosures and evictions. If you have family or friends that you have been gracious enough to allow them to stay in your home and they are refusing to leave and they do not have a lease or rental agreement with you, consider filing an Unlawful Detainer action. Your Jacksonville Family law attorney can assist you in taking back your property legally.
Do I Need to File for Support Not Connected with Dissolution of Marriage?
What is Support without Dissolution?
Section 61.09 allows a married individual to file for support (child support and alimony) where a person does not seek a dissolution. This statute allows a party to seek alimony or child support. However, that party may or may not request the entry of a parenting plan. A final judgment of support does not include distribution of marital assets. This type of action is sometimes referred to as separate maintenance.
“If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.” F.S. 61.09.
Posted in: Alimony, Child Support, Divorce, Marriage and Spousal Support