A Divorce attorney's Relationship Advice for Valentine's Day

I've been a divorce attorney for more than 35 years. I have seen good relationships go bad, bad relationships get worse and relationships on the brink of self destruction heal and become strong. I have read books and articles regarding the do's or don'ts of marriage, create and maintain strong relationships and how to avoid damaging a relationship.

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How to Avoid Feeling Blue on Valentine's Day During or After Your Divorce

If you're separated, going through a divorce, just recently divorced or somewhere else in that process, Valentine's Day can cause you to feel depressed or stressed. Valentine's Day is expected to be a day full of love and happiness. Unfortunately, for those who are separated or going through a divorce, Valentine's Day can be a day of loneliness and distress. Reminders of romance and love appear to be everywhere. Decorations and the colors of red and white and Valentine’s themed decorations seem exceptionally over the top for those dealing with separation and divorce.

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How to: Select an Expert in Parental Alienation in Your Divorce Case

Parental alienation occurs when one parent purposefully encourages a child to disengage with the other parent and/or denigrate the other parent. It can often be one of the most damaging results of a difficult, highly contested divorce.

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Can I Get a Divorce in Florida While I'm Pregnant?

 If you want to get divorced in Florida, there is a fairly straightforward legal path you must follow in order to get it done. If you are pregnant, however, the path can become more rocky and complicated.

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Maintaining your New Year's Resolution

Each year we make resolutions. The majority of us quickly fail to keep them, beat ourselves up about it, and then try to forget that we ever made such promises to ourselves (to eat better, to lose weight, to exercise more and other goals for self-improvement). However, the following suggestions will definitely assist you in maintaining your resolutions, to create a better you and a better year. To help you keep your promises for self-improvement, try the following: 

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New year's Resolutions for your Divorce

I recently read an article regarding essential New Year's resolutions for your divorce authored by Diana Shepherd. Based upon my professional experience and the observations of many clients, here are the top suggestions for New Year’s resolutions for separated, divorced, or divorcing spouses. Use whichever ones apply to your situation, or use them to inspire you to create your own list:

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How to Prepare for Your First Meeting With a Divorce Lawyer

The key to meeting with your divorce lawyer for the first time is similar to the first day of school – always come prepared. Coming equipped with the right supplies will help ensure that the process goes smoothly. So what should you do in preparation for the meeting and what should you bring with you? Read on to find out.

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Social Media Clauses in Divorce Cases are Here to Stay

We live in a digital age. More and more people become connected with one another through the social media platforms of Instagram, Facebook, Twitter, LinkedIn, or other social media platforms. During the course of most marriages, individuals may post a significant number of photographs, information, information about themselves, and other information that they believe is significant regarding their lives, reputation, profession, and relationships. In addition, individuals are often using social media platforms to enhance their careers/professions and/or their businesses. As a result, it is not unusual to see individuals possessing a personal Facebook or Instagram account and having a separate Facebook and/or Instagram accounts for their businesses.

When you divorce, you will be required to divide all the property you and your spouse have accumulated during the marriage. In many states, such as Florida, there is a presumption that the division will be an equal division. Your social media accounts are considered to be property and should be divided in your divorce. If you opened a social media account before or during your marriage and posted information on it during your marriage, then that posted information may be considered marital property and should be divided in your divorce. If you opened a social media account during your marriage, it is likely to be considered marital property and subject to division by the trial judge during your divorce. Because of these principles of division of marital and non‑marital property in divorce cases, you will want to be sure that your divorce judgment or divorce settlement agreement provides you ownership of all of your social media accounts (whether personal or business related) and the content in them.

Please also note that Facebook now provides the ability to create legacy settings. In a legacy setting, an individual may nominate a person who will be in charge of his or her account after owner’s death. Most people who elect a legacy setting will select their spouse as the individual who will be in charge/owner of their account after their death. Although currently, Facebook may be the only social media platform with a legacy setting, other social media platforms are expected to develop their own legacy setting. Consequently, you need to examine your social media accounts after your divorce to make sure that you change your legacy settings.

Just as you would change the beneficiaries in your will or your insurance policies after your divorce, you should change your Facebook legacy or any other legacy designation on any other social media platform. If you fail to do so, then your children and/or subsequent spouse may not be able to have access to your account.

If your attorney does not raise these issues with you during a divorce case, then you should at least be discussing them with him or her. If social media played an important part in your life before your marriage and during your marriage, then it will continue to do so after your divorce. Consequently, being sure that you have retained ownership of these accounts and their contents and that the person whom will be in charge of your account subsequent to your death is not your ex-spouse, but instead is someone you trust.

Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss your divorce or other family law matter, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312.

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Protection of Your Reputation: Why You Should Have a Social Media Clause in Your Divorce

 

We live in an age of social media. Almost everyone that you know is connected to social media through Facebook, Instagram, Twitter, LinkedIn, or one of the numerous other social media platforms. People use their social media connections sometimes to inappropriately air their disputes in public or to attempt to gain some type of revenge on other people. We are well familiar with celebrities having to deal with revenge postings or the attempts to shame their ex via Twitter, Facebook, or other social media sites. Here in Southeast Florida, the KVJ show on a local radio station conducts a weekly feature entitled: "Facebook Fishing". This is a weekly bit where the radio host dramatizes disputes aired on Facebook by individuals seeking sympathy and/or attention which quickly deteriorate into name calling and bashing on a public forum.

Consequently, it's not surprising that if a couple is having this particularly dispute, that they may start airing that dispute and grievances during their divorce and subsequent to their divorce on social media and the internet. The exposure of “dirty secrets” and your grievances (real or imagined) often result in even more fighting, litigation, and loss of social connections with their friends with whom they are connected on Twitter, Facebook, Instagram, and etc. These social media disputes are even more damaging when children are involved. As we have come to know in today's culture, kids know far more about the internet and social media than adults know. Your children will discover your social media exposés and arguments as will your children's friends, teachers, coaches and other adults connected with their lives. Because of this increasing trend of fighting between exes in the "public court of opinion" on Facebook, Instagram, or other social media sites, many attorneys are now beginning to include social media clauses in their prenuptial contracts and their marital settlement agreements.

The social media clause contains various restrictions for each couple regarding posting on social media sites. In the social media clause, each party agrees not to: post, tweet, or otherwise share via social media, positive, negative, insulting, embarrassing, flattering or unflattering images or information about the other. They will also contain restrictions on certain materials, photographs and any information regarding the divorce, the previous marriage, anything regarding your spouse's/ex's business, professional life, employment, or social life. These agreements are crafted to completely render a person's social media life separate from their divorce/previous marriage circumstances.

This social media clause can include a restriction against even positive posting to keep people from defending themselves by saying: "Oh, I thought you looked good in that photo, that's why I shared that photo". Consequently, the social media clauses should be broad enough so that they include any type of posting by one ex concerning the other on social media or the internet.

If someone breaks a social media clause, the sanctions will be a "specific monetary penalty". This penalty for violating a clause can be any specific amount of money that both parties agree upon. Make sure that this "monetary penalty" is sufficiently high enough to deter your spouse or ex from seeking vengeance against you. Consequently, make sure that the penalty clause is robust in amount and that it is unambiguously phrased. In doing so, you can prevent not only your reputation from being damaged but also any agreement about whether or not comments and social media platforms will fall under the social media clause.

We are in an ever changing age regarding social media. Consequently, individuals need to protect their reputations on all forms of social media not only during, but after, their divorces. As a result, even if your attorney does not mention a social media clause during the course of your divorce, make sure that you discuss that issue with your attorney.

 

Board Certified Marital and Family Law Attorney Charles D. Jamieson understands that divorce is an extremely sensitive and important issue. Thanks to extensive experience and a focus on open communication, Attorney Jamieson adeptly addresses the complex issues surrounding divorce while delivering excellent personal service. To discuss issues related to divorce, please contact The Law Firm of Charles D. Jamieson, P.A. online or call 561-478-0312.

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Your Doctor Is Board Certified; Shouldn't Your Divorce Lawyer Also Be Board Certified?

It is late at night. You and your spouse are alone at home. You experience sudden chest pain radiating into your arm and shoulder. Your spouse manages to drive you to the local emergency room. The ER doctor agrees with your heart attack self-diagnosis. He tells you he's calling in a general practitioner to assess your situation and initiate treatment. You immediately protest: "A general practitioner?" "No, of course not." The likelihood is that you will be seen by a specialist, generally a cardiologist (even if you live in a modest size urban area).

Now there are two cardiologists available to treat you. Each has equal years in practice. However, one doctor is Board Certified in Cardiology and in Interventional Cardiology. The other doctor has no board certification. Who treats you? Of course the Board Certified doctor treats you. The reason is, because sight unseen, we presume the Board Certified cardiologist has superior skill, knowledge, and experience than the other doctor. At the very least, we know one cardiologist has made an effort to go beyond the minimum practice requirements. That effort suggests a more serious dedication to superior medical practice.

Now, suppose the same scenario except that you're served with divorce papers. Generally, a divorce is only going to happen to you once in your life. You greatly value your relationship with your children, the business and/or profession that you've built, and the assets you've acquired during your marriage. Now, what lawyer will you choose? Will you choose a lawyer who practices divorce or a Board Certified lawyer who practices marital and family law (divorce law)? Attorney Charles D. Jamieson has been Board Certified as a Marital and Family Lawyer by The Florida Bar since 2009 and continues to prove that he has the qualifications, experience, and knowledge to represent families through a wide range of family law cases. Having a Board Certified attorney on your side brings with it many benefits.

If you're involved in a legal case involving a divorce, child custody/timesharing, child support, spousal support, visitation, paternity, or any other family law issue, a board certified attorney can make a significant difference in resolving your case. You can benefit from the experience and knowledge it takes to acquire this status and the legal ability and ongoing education it requires to keep it. By becoming a Board Certified Marital and Family Law attorney, a lawyer can claim to be a legal expert in the area of Marital and Family Law. This means that this attorney has gone through a vigorous process of showing excellent legal ability and continued education. He or she must meet the minimum requirements in his or her area of law before earning a board certification. These requirements include:

  • Demonstrate significant involvement in the specific area of family law
  • Practice law for at least 5 years
  • Earn satisfactory peer review in his or her area of law regarding competence, ethics, character, and professionalism
  • Meet Continuing Legal Education requirements
  • Pass the required 1-day examination concerning family law issues

An attorney who is Board Certified must continue to meet the requirements of certification because his certification is valid for only 5 years and must be renewed after this time. Roughly only 7 percent (7%) of all attorneys in Florida are Board Certified over the various areas of the law. By having an expert family law attorney, our Palm Beach County law firm has the ability to help clients regardless of what their legal family law needs may be. We take pride in providing the highest quality legal counsel during this emotional, familial, and financial upheaval that many divorces may entail.

If you are going through any family law issue, The Law Firm of Charles D. Jamieson, P.A., can assist you. We are committed to guiding our clients through the complex legal process and assisting them in working through their most difficult family law challenges. To learn more about the requirements for board certification for attorneys in Florida please click here. Out of the approximately 69,000 attorneys in the State of Florida, less than 400 are board certified in family law. Charles D. Jamieson was first board certified in marital and family law in 2009 and recertified in 2014.

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