How Does Florida Law Decide Who Keeps The Puppy?

When pet owners are involved in a divorce, who gets custody of the family pet? Though we view pets as part of the family, Florida law is clear – your pet is considered a piece of personal property, similar to a piece of furniture or other household items. Florida law, and the law of most states, does not provide for the concept of pet custody, nor does it provide for pet visitation or timesharing. This is a tough concept to grasp and another reason to work on an amicable separation and mediation to come to an agreement regarding your pet, rather than go to court.

A Marital Asset and Subject To Equitable Distribution

If the pet was acquired during the marriage, the pet is a marital asset and is subject to equitable distribution. Obviously, a pet cannot be divided up like a bank account; however, a pet can be assigned a value like any other piece of personal property, and arguments can be made as to why the pet should go with one spouse or the other. If the pet is non-marital, “custody” goes to the spouse who acquired the pet.

For questions concerning modification enforcement or dividing property during or after a separation, contact Norman Law to setup a consultation.

Holli T. Dean joins our firm and brings with her a wealth of experience and knowledge in litigation and negotiation. Holli has over fifteen years’ experience working for the State of Florida representing Children’s Legal Services, the Guardian ad Litem program, and the Office of Criminal Conflict and Civil Regional Counsel.

Holli has litigated highly complex and contested child abuse trials and domestic violence hearings. “I am a tough but fair negotiator who makes sure that my client’s interests are protected.”

Adding More Legal Experience In Jacksonville & Matching Our Passion

She also has experience with mediations and settlement negotiations to achieve the best possible outcome for her clients. With a specific understanding of mediation, she will facilitate amicable outcomes whenever possible. She will lend her settlement expertise in order for our clients to more easily move forward after litigation. Her goals are in-line with those of our firm, to facilitate settlement as much as possible in an attempt to reduce attorney’s fees, client costs, and lead a less contentious outcome.

Holli is passionate about ensuring the best interest of minor children involved in client cases. “I will fight for the best interest of children involved in my cases and fight for fair and equitable timesharing and parenting plan.”

“We are thrilled to welcome Holli to the Norman Law team,” said Wendy Norman. “Not only is she exceptionally talented, but equally important, she shares our passion for delivering unsurpassed client service.”

Holli holds a J.D. from Stetson University College of Law and a Bachelor of Arts in Mass Communications from Brenau University. She is admitted to the Bar in Florida.

Florida requires that one of the parties must have been a resident of Florida for at least 6 months prior to filing the divorce. A non-resident (resident of another state) party may file for divorce based on the other party’s residency (if one of you is a Florida resident). Residency means an actual presence in Florida combined with the intention of residing in Florida indefinitely. For that reason, maintaining a vacation home, a temporary home, or visiting for 6 months do not establish residency.

Proving Florida Residency

Residency must be proven; the most common way residency is proven is by a valid Florida driver’s license. Other ways to prove residency are by a Florida voter registration card or the testimony or affidavit of a corroborating third party.

If you do not meet the above criteria for residency, you may consider these options:

1. Establish Florida residency for the 6 month period previously mentioned (this step would not require you to wait in order to begin the process of gathering your financial documents and otherwise getting ready to file for divorce).
2. Have the spouse who is a resident of Florida start the filing procedure if she or he meets the residency requirement.
3. Choose another state in which you or your spouse may meet the residency requirements (state residency laws are unique to each state, be sure to check the state in which you were married or last lived together as a married couple as potential options). Our Duval County office can answer questions about Florida law and Florida requirements, but we do not offer divorce representation in other states.
4. Try counseling in an attempt to save the marriage and put your divorce plans on hold.

For questions leading up to or filing for divorce, call the office of Wendy Norman at 904.306.9926 or click here schedule a consultation today.

Florida law provides for equitable distribution of the marital assets and marital debts in a divorce. Does this mean that all marital assets and marital debts will be split equally? Not necessarily. Instead, the assets and debts will be split in a way the court considers to be fair, or equitable.

All Assets and Debts Acquired During Marriage Are Marital

First, the court will distribute any premarital assets and premarital debts to each spouse. This may be straightforward but can be complicated by an asset’s increase in value during the marriage. Next, the court will distribute the marital assets and marital debts. Unless there is a prenuptial/premarital agreement, all assets and debts either spouse acquired during the marriage are considered marital. It does not matter if the asset or debt is in both names or only in one spouse’s name, it is marital.

Determining Distribution of Marital Debts and Assets

In distributing the marital assets and marital debts, what the court finds fair is based on the specific circumstances of each case. The court will consider a number of different factors, including the length of the marriage, the contribution to the marriage by each spouse, career sacrifices made by a spouse, child rearing and homemaking, and the overall financial situation of each spouse.

Considering a Divorce Attorney in Jacksonville? We’ve been serving family law clients for nearly 20 years. We’re committed to timely, cost-effective separation representation and you always have direct access to your attorney throughout the divorce process. For more information, please Call 904.306.9926 or Contact Us online today.

Alimony reform is again on the Governor’s desk in Florida. The bill made it out of the legislature and was sent to Governor Scott on Monday, April 4, 2016. The Governor has until April 19 to sign or veto the bill. This is the latest round in the attempt to change the alimony law in Florida.

The Arguments

Many are in support of the alimony law already in place in Florida. Those who receive alimony, such as those who have never had a career due to having to raise children or keep the home, believe the alimony law should not be changed. On the other hand, those who are paying alimony commonly feel they are being taken advantage of and should not have to financially support a former spouse for many years after the divorce. No matter what the other spouse may have done during their marriage, many alimony paying spouses feel that the alimony law forces them to pay too much money to the other party, and for too long.

The New Proposition

The legislation that is being considered by the Governor, if it becomes law, will significantly change the way alimony is determine in Florida. These new changes include:

• Judges will have guidelines to calculate the amount of alimony payments
• The length of time alimony will be paid will also be based on guideline calculations
• There will no longer be ‘lifetime’ alimony payments
• There will be new circumstances that will be considered to modify or terminate alimony payments
• There will be no guidelines for marriages that lasted more than 20 years, and judges are encouraged to equalize the incomes of the parties
• The bill also will include the premise that the parents should have 50-50 custody or time-sharing with their children

The new alimony provisions, if passed, will apply to all initial alimony determination cases and all alimony modification cases pending on or after October 1, 2016. However, the new provisions regarding modification of an existing alimony obligation would apply to all cases. The new 50-50 time-sharing premise would apply only to initial divorce or time-sharing cases filed on or after October 1, 2016.
Even if the proposed bill does not become law, the alimony reform effort in Florida will continue in the future. Many officials within Florida are stating that this new bill simply gives judges guidelines to determine the amount of alimony and how long it will be paid, and is fair to both parties. These people feel that the judges have too much discretion and power, and the decisions are not consistent, and vary from one divorce to the next.

The Family Law Section of the Florida Bar has come out publicly against this bill, primarily because it includes the 50-50 time-sharing premise. The Governor can sign the bill into law or veto it (as he did to the prior alimony reform bill in 2013).

Here at Norman Law, we are ready to take on these new aspects of divorce and alimony, and work for you. If you need help with a divorce, alimony, child support or any other family law issue, contact us today to get started!