WHERE TO FILE YOUR DIVORCE IN FLORIDA

WHERE TO FILE YOUR DIVORCE IN FLORIDA

First, you and your spouse must being living in Florida for at least 6 months, with certain exceptions. If you live in Palm Beach County ( Palm Beach Gardens, Palm Beach, West Palm Beach, Lake Worth, Boynton Beach, Delray Beach, Boca Raton, etc.), your case will be in one of the 3 courthouses in Palm Beach County. If you live in Broward County ( Pompano Beach, Deerfield, Coral Springs, Parkland, Ft. Lauderdale, etc.), your case will be filed in Ft. Lauderdale. Some people try to file in a county for their own convenience or supposed home-court advantage. I have had them dismissed or transferred to the right county.

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

COMMON LAW/ GAY MARRIAGE IN FLORIDA

COMMON LAW/ GAY MARRIAGE IN FLORIDA

Common law marriage in Florida has been banned since 1968 with two exceptions. First, if you were already established in a common law marriage prior to 1968. Second, if you were a common law married couple from another state where it was accepted and you move to Florida. Normally, the “foreign” common law marriage has to meet acceptable standards of a “normal” relationship to be recognized here. In those events, you could file for a dissolution of marriage. If you don’t fit into those categories, there may be other legal actions under contract law or unjust enrichment. Regarding Gay/Lesbian marriages from other states. Right now, though Gay marriages are presently not allowed, the individual Florida courts are split on their opinions and cases have been forwarded to the Florida Supreme Court for review as to broadening the requirements of Gay marriages from other states being acceptable for divorce filings in Florida. “The times, they are a changing…”

Contact Mr. Werter either online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.

TEMPORARY ALIMONY AND CHILD SUPPORT

TEMPORARY ALIMONY AND CHILD SUPPORT

What most people don’t know is that a spouse in need of immediate support and help when first starting a divorce action in Florida, can have their lawyer ask the judge for temporary alimony based on the spouse’s need and the other’s ability to pay. It does not matter how long the marriage was at the time of filing for divorce. The purpose is to maintain the status quo of the marriage.

Though the issue of child support is different from alimony, the ability to get immediate help from the court is the same. Judges are even more sensitive to the best interests of the minor child(ren).

If you live in the Jacksonville, St. Augustine, Palm Coast or Daytona Beach area, contact James S. Werter, LLC by clicking here or calling 904.827.0446.

FAMILY HELP WITH DRUG AND ALCOHOL ABUSE

FAMILY HELP WITH DRUG AND ALCOHOL ABUSE

Recently, I represented a family in Ponte Vedra Beach regarding getting their adult daughter help with drug addiction. This case has been featured on The Dr. Phil Show over the past 7 years. What most people don’t know is that even if the person at risk is an adult, a family can attempt to force them into treatment for drug abuse or alcohol abuse through the court system. The procedure is called the Marchman Act ( Florida Statute 397).

If the drug addict or alcoholic is an immediate risk to himself or herself, and it can be shown to the judge, the judge can order that person to be evaluated and even possibly, ordered to in-residence treatment. However, it is a high level of proof which is required. James S. Werter, Attorney at Law, has handled many of these types of cases as well as other family law issues, such as divorce and custody issues. If you live in the Jacksonville, Ponte Vedra Beach, Palm Coast or Palatka areas, contact him at 904.827.0446, for a consultation orĀ online here.

NEW LAWS IN FLORIDA CHILD DIVORCE CUSTODY AND ALIMONY

NEW LAWS IN FLORIDA CHILD DIVORCE CUSTODY AND ALIMONY

Over the past couple of years, new laws governing child visitation (now called “time share”) and alimony, have been put in place. Basically, the law is written to try and better provide for both parents to be involved with their children after divorce.

New rules in alimony are an attempt to give judges better guidelines when it is at issue in a Florida divorce. There are 3 basic types of support applicable short term(under 7 years), intermiediate term (under 17 years) and long term (over 17 years) marriages. Short term alimony is for two years only and not modifiable. Long term marriages are where permanent alimony may be available.

There are numerous issues regarding alimony and child support. You want an attorney who is familiar with those issues.

Contact James S. Werter, LLC, in the Jacksonville, Ponte Vedra Beaches area, St. Augustine or Palm Coast; if you are considering or are undergoing a divorce. Connect with usĀ online or via phone at 561.826.9310 to schedule an initial consultation. We accept Visa and Mastercard for family law services.