Have you ever been arrested for a crime that you didn’t commit? Or perhaps you made a mistake in your youth that doesn’t reflect who you are today. Either way, criminal accusations can often prevent you from accomplishing what you want in life. Whether it is getting the job that you want, or completing your education, a record of arrest can stand in your way. That is why the State of Florida has made it possible for you to have your arrest record sealed or expunged.

Do You Qualify For Criminal Record Expungement?

At this point, you may be wondering, “do I qualify to have my record sealed or possibly even expunged?” At Makofka & Makofka, our experienced criminal defense attorneys can help you determine whether or not you qualify to have your record sealed or expunged. We are happy to talk with you about your situation and determine whether or not you qualify under the law to have your record sealed or expunged. This can often times be done over the phone if you are able to tell us where you were arrested, and what you were arrested for.

The first step in determining whether or not you qualify for a record sealing is to determine what you were arrested for. Unfortunately, there are some offenses for which a record sealing can not be issued. MOST OFFENSES CAN BE SEALED, though. If the case is old, and you aren’t sure why you were arrested, give us a call and we can usually look it up.

Sealing Your Record – Case Specifics

The next step is to determine what happened in the case. If the case never reached a disposition, and the charges were dropped, then the case can most likely be expunged, or obliterated. If the case went to trial and the jury returned a verdict of “not guilty,” then the record of arrest can most likely also be expunged.

If the case was disposed of short of trial and there was no conviction, then you might be eligible for a record sealing. How can this happen? In Florida, there is a legal procedure that is sometimes offered whereby an individual can plead nolo contendere, or no contest, in exchange for a “withhold of adjudication.” A no contest plea is neither admitting or denying the charges against you. In return, the withhold of adjudication is neither adjudicating you guilty or not guilty. In these circumstances, the court may still order you to pay court costs and may put you on probation. That is ok. The important thing is that with a withhold of adjudication, there is no conviction, and thus, the record sealing is still possible.

What is the Effect of a Record Sealing or Expunction?

Once your record has been sealed or expunged, with limited exceptions, you can legally and lawfully answer that you have not been arrested or convicted of any crimes on applications. Plus, once your record is sealed or expunged, it will not be viewable, even by you.

How can you get started? Give us a call at (904) 355-2700. Our attorneys will look up your case and let you know if you qualify to have your record sealed or expunged. If you do qualify, then we can tell you what we need to do next in order to seal or expunge your record.

The post Can I Have My Criminal Record Sealed? appeared first on Experienced Jacksonville Lawyers.

People often ask, “What does it take to get a divorce in Florida?” The answer is fairly simple. People need to be a Florida resident for the six months prior to the filing of a divorce action, and they must allege and establish that the marriage is “irretrievably broken” meaning that it cannot be repaired under any circumstances. We also frequently hear people say that his or her spouse won’t “agree to the divorce.” We have to explain that it is not up to the other spouse to agree or disagree. If one spouse wants a divorce and the above two criteria are met, it is a certainty that the Court will dissolve the marriage. Sometimes, however, we see situations where one party truly wishes to oppose the divorce, wanting to keep the marriage together, for whatever reason. So what happens under those circumstances?

Required Counseling by Florida Divorce Court

Divorce Courts in Florida have great discretion in how they handle this type of issue. For example, the Court might refuse to grant the divorce without first requiring the parties to participate in some form of marital counseling in an effort to save the marriage. That does not frequently occur, but it is within the Court’s power to do so, particularly where one spouse requests that it do so. Should the other spouse be strongly opposed to the marital counseling, some Courts will see the counseling as a likely waste of time, and will refuse to grant such a request. The facts and circumstances of each divorce case will ultimately guide the Court’s decisions in this regard.

Remember, it is not up to the other spouse to decide if you get a divorce. It is up to the Court. If you need help deciding if a divorce is right for you, or how you should proceed once you have decided to divorce, you need experienced attorneys handling your case.

Call Jacksonville Attorneys Makofka & Makofka today for a free consultation regarding your divorce rights in Florida. We can help!

The post Florida Divorce Law Basics appeared first on Experienced Jacksonville Lawyers.

Divorces can turn nasty for couples who are not keeping sight of the important aspects of life. In most divorce cases, couples are not thinking about their financial situation or their family, due to their feelings being hurt that the marriage ended. After all, no one got married with the intent on divorcing the person a few years down the road. As a family law attorney, I have dealt with several couples who are going through a divorce. Over the years, I have found that for those who think with their brain, instead of their heart, their divorce will likely work out better for all involved.

There are several aspects that I encourage my clients to consider when they are going through a divorce. They do not need to think about what happened to make their marriage end in this way, as this can get emotions high. Instead, I encourage my clients to look at:

1. Family:

If you have children, they must be considered first in the context of a divorce. Your time should be devoted to ensuring that their needs and welfare are met and not just yours. Remember that children are innocent bystanders and completely dependent upon their parents. I also encourage couples to consider their visitation/timesharing, talk with one another about their children, and even seek out counseling/therapy to ensure their family is not suffering from this decision.

Protect your children from the divorce as much as possible. While there may be an urge to say something negative about your soon-to-be former spouse while in the presence of the children, never give in to that temptation. Children are much more insightful than people realize. They will internalize the negative comments that you might make about the other party. Children realize that they are one-half mom and one-half dad. So when the children are with mom, and they hear mom describe their dad as being no good, the children hear that as mom saying that they are no good.

2. Finances:

This is the time to be smart about your finances. Once a divorce in Duval, Clay, Nassau, or St. Johns County has been filed, the case is governed by a standing family law court order. That court order directs neither party to do anything that is going to negatively impact the other party outside of the normal course of business. In other words, don’t hide money, don’t empty out savings accounts, don’t take out unusual loans against your 401(k), don’t transfer title of assets such as cars and boats, don’t deed properties out, and do not cancel insurance policies without the written permission of the other party or an order from the court.

Also, neither party should even attempt to hide assets. Attempting to hide or dispose of assets is something that can really get you into hot water with the court. In Florida, each party is entitled to one-half of the marital estate, both assets and debts, regardless of how the marital assets were acquired. Additionally, in Florida, there are rules of procedure requiring mandatory disclosure of financial documents. Not only does this make it very difficult for a person to hide financial assets, but if caught, it could be viewed as an attempt to commit a fraud upon the court. At that point, the court may possibly determine that the person attempting to hide or dispose of the assets is no longer deserving of their presumptive half of the marital estate. In other words, if the court finds that there was fraud committed by one of the parties, then the court has the discretion to award an unequal distribution at the expense of the party committing the fraud.

3. Lifestyle:

I highly encourage my clients to look at their current lifestyle and factor in how divorce is going to change this, then start adapting to a new lifestyle. During your marriage, you and your spouse may have been each working and sharing expenses. After your separation, it is likely that while your income will not increase, your expenses will. This may mean that you have to downgrade your home or budget a bit more carefully if there is only going to be one income in the family.

As your Family Law & Divorce Attorneys, the offices of Makofka & Makofka, work to ensure that your divorce proceedings are going to be fair to you. We take into consideration the type of lifestyle you have lived, your finances, and most importantly your family when helping you to come up with a plan that is going to work for you. However, we strongly encourage couples who are seeking divorce to remain civil with one another. Divorce is hard enough as it is, there is no reason to add to the stress and pain by being vindictive and unreasonable.

If you are considering or perhaps even already going through a divorce, and live in the Jacksonville area, call us at 904-355-2700. The offices of Makofka & Makofka are here for you and will help you through this tough time.

The post Common Divorce Mistakes to Avoid appeared first on Experienced Jacksonville Lawyers.

One of the major concerns that people have when contemplating whether or not to file a divorce, is “what is going to happen to my finances after I file, but before the court enters my divorce?” This is a very real concern. Many people going through a divorce are financially dependent upon their spouse for their own support, or the support of their child(ren).

People often fear that once they have filed for divorce, their spouse will become angry or withdrawn and refuse to provide the type of support that they have provided in the past. This fear can keep people locked into a toxic relationship that is not good for either party or their children. So what is the solution?

Financial Help Before Your Divorce is Final

Well, did you know that in Florida it is possible to get alimony and child support before your divorce is finalized? It is. In fact, in the vast majority of cases that we handle for our clients going through a divorce, one of the first steps is to get our clients set up with “temporary” support. It is deemed temporary because it will not last beyond the entry of the final judgment dissolving the marriage. It is just as effective, however, as any sort of permanent alimony or child support entered by the court.

Temporary Alimony Can Be Enforced

Temporary alimony and child support is calculated the same way as alimony and child support entered at the end of a case. It is also enforceable in the same way. That means that if your spouse does not pay the temporary alimony or child support as ordered, he or she can be found to be in contempt of court, and possibly even be put in jail. That is usually not necessary though, since we typically request that the alimony or child support come straight out of the obligor’s paycheck, and placed directly into our client’s bank account. The only occasions where that does not happen is where our clients do not want it to happen. Otherwise, the law requires the court to enter an “income withholding order” that takes the support directly out of the obligor’s pay before he or she has an opportunity to receive it.

If you were considering filing for divorce but were hesitant due to the financial uncertainty the divorce process can bring, then hopefully this information helps put your mind at ease. If you would like to get more information and discuss these matters with one of our family law attorneys, feel free to contact us online or call us at (904) 355-2700.

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Did you know that one of the major components to many Florida child support orders is the inclusion of day care expenses?

Florida Statutes section 61.30(7) provides that child care costs incurred due to employment, job search, or education calculated to result in employment or to enhance the income of current employment of either parent shall be added to the basic obligation. This means that if you are employed, searching for a job, or pursuing education so as to increase your income, and have to place your child in day care as a result, then you are entitled to have your child support increased by the amount of the day care cost. Given the ever-rising costs of child care, this is a very important consideration. Oftentimes, child support can even double in amount as a result of including the cost of child care.

Your Child Support Payment Might Need Re-Calculating

If this is a situation that has arisen since your child support order was established, feel free to contact one of our attorneys and we will be happy to re-calculate your child support right in our office. Since we use the same software that the judge’s use, we can attempt to provide an accurate estimate of what you might be entitled to.

Conversely, if you are paying child support and your child support was established when your child was in day care, it is quite possible that you are entitled to a reduction if your child is no longer in day care. If your child is no longer in day care, then your child support obligation might drop by as much as one-half, maybe even more. If you would like to get an accurate estimate as to what your child support should be, then call one of our attorneys and we will be happy to assist you.

Retroactive Change in Child Support Must Be Filed to Increase or Decrease

Important to note, regardless of whether or not you are trying to reduce or increase your existing child support, waiting to file does not benefit you. Any increases or decreases can ONLY be applied retroactively to the date that the supplemental petition to modify your child support is actually filed with the clerk of court, and not when the change in day care occurred. So every month that goes by after your situation has changed, is another month that you are either paying too much or receiving too little, depending upon your situation.

Call us now at (904) 355-2700, and one of the Jacksonville Family Law Attorneys at Makofka and Makofka will be happy to assist you.

The post Day Care and Child Support Adjustment Guidelines in Florida appeared first on Experienced Jacksonville Lawyers.

If you are going through a divorce in Florida, then one of the major areas of concern has to deal with how to divide up the marital estate. In order to fairly or “equitably” distribute the marital estate, it must first be determined what exactly is the marital estate.

In Florida, the marital estate consists of marital assets and liabilities. A marital asset or liability is any asset or liability that was obtained during the marriage, with a few exceptions. But essentially, if something was obtained during the marriage, then it is considered marital property in the eyes of the law. Marital property in a divorce context does not only consist of land and homes, commonly referred to as “real property,” but also other tangible items like automobiles, paintings, furniture, jewelry, boats, guns, and on and on.

Property Distribution in Divorce

What people going through a divorce sometimes do not realize though is that intangible items, such as retirement accounts, pension plans, annuities, and even some life insurance policies are also considered marital property. All of these items are subject to what is called in Florida divorce law as “equitable distribution.” This means that under Florida law, the court will equitably, or fairly, distribute these marital assets between the parties. Regardless of who acquired the assets, the court will usually distribute the marital estate equally between the parties. This means that even if you did not work, but your spouse did, almost anything obtained during the marriage could be equally divided by the court during the divorce.

But what if you aren’t sure what your spouse has? Perhaps he or she does not keep you informed about their assets and debts. In Florida, there is “mandatory disclosure” in all family law cases, including divorces. That means that your spouse will have to provide information regarding all of his or her accounts and assets. If they refuse to provide such information willingly, then it can be subpoenaed from their bank, credit union, or employer.

If you have any questions regarding asset or property division in the context of a divorce, then do not hesitate to give us a call at (904) 355-2700. One of our experienced, aggressive divorce attorneys will be happy to confidentially discuss your case with you. Makofka & Makofka, Jacksonville family law attorneys, help those going through a divorce in Northeast Florida, including Duval, St. Johns, Nassau, Clay, and Baker Counties.

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