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What is the 10-Day Rule for Probate?

The death of a loved one can be a devastating time. Not only are you grieving the loss of your beloved family member, but you might be called upon to deal with their estate as well. If you are the executor of the deceased’s estate, you have an important role...

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What Does Child Support Cover?

When a couple with children splits up or divorces, one party will typically be ordered to pay child support. Child support is money paid from one parent to another to financially support children. This amount varies based on several factors such as the income of both parents, the standard needs...

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Common Bankruptcy Myths Debunked

For those with a lot of debt, bankruptcy may be a good option. Bankruptcy can help eliminate debt and give you a fresh start. However, it’s not as easy as that. Bankruptcy can be a complex process. There is also a lot of misinformation about bankruptcy. Those who are against...

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Modifying Child Custody Orders

Your divorce has been finalized. You think you’re all set when it comes to the child custody and visitation schedule, but you should know that things could change in that regard. The lives of you, the other parent, and your children could change in a heartbeat. When this happens, you...

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How Long Does Divorce Usually Take?

Once a person is ready to end their marriage, they usually do not want the process to drag on too long. They want to get the divorce finalized as soon as possible so they can move on with their lives. For a first timer, there are often a lot of...

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Does Filing for Bankruptcy Affect Your Job?

Nobody wants to file for bankruptcy. It is often done as a last resort because it is often seen as a negative mark on your record. People who know you filed for bankruptcy will undoubtedly gossip about you or, at the very least, think differently about you. Even though more...

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How Long Does it Take to Finalize a Divorce in FL?

If you are frustrated with your marriage, your thoughts may turn to divorce. However, you may be hesitant to make a move because of the stories you have heard about the process. Maybe a friend’s divorce took two years to finalize. Perhaps a co-worker told you about all the time...

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What is a Credit Counseling Course?

Bankruptcy is not an easy process. It can be quick, but it does not happen overnight. There are requirements involved, and one of them is a credit counseling course. You may wonder what exactly this entails and what the purpose of it is. Credit counseling must be taken before you...

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Does Cheating Affect Spousal Support in FL?

Divorce is a complex situation. There are many elements involved, and each state has different laws. For example, in some states, cheating on your spouse can affect your divorce. Is this true in Florida? It depends. Florida is a no-fault state when it comes to divorce, so a spouse does...

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How Do I Know if I Should File for Bankruptcy?

A lot of us struggle with finances and have thousands of dollars in debt. You keep thinking you will get ahead soon. Maybe you will get a raise. Perhaps you will get a large tax refund. But then something else happens. Your car dies and needs a major repair. Your...

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How Does The Visitation Schedule Work in Florida?

If you are divorcing with children in Florida, you will need to create a parenting plan. A parenting plan typically includes specifics about child custody, such as: A timesharing schedule Methods for communication between the parents and children Legal custody, such as who will be responsible for making decisions related...

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Different Ways to Receive Child Support in FL

Child support is a common issue that parents deal with after a divorce. It is often a highly contested item, as many parents do not feel as though they should have to pay for it. However, the law requires that both parents financially support their children. Custodial parents rely on...

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What Are The Alternatives for Filing Bankruptcy?

Those who are overwhelmed by debt need to understand their options. Many continue to drown in debt because they are scared of bankruptcy. While many people choose bankruptcy as an option for debt relief, it comes with consequences. While bankruptcy is often seen as a fresh start, it can ruin...

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Is Property Divided Equally in a Divorce?

A divorce is a complicated event. It ends a marriage, which is never easy to do. Even if you have only been married for a few years, you still need to deal with the various elements, including property division. Property division laws vary from state to state. Florida recognizes equitable...

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What Are The Different Types of Probate in Florida?

When a family member dies, there is a lot to deal with. Not only is there grief, but also dealing with a burial or cremation, funeral expenses, and the person’s estate. Everyone has an estate that needs to be handled when they die. This process is complicated, as it often...

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How Does Probate Work When Someone Dies in Florida?

Life comes with a lot of sadness and burdens. This is especially true when a loved one dies. Not only is there the grief that follows, but you will also need to handle their affairs. This often means going through probate. Probate refers to the court-supervised process of distributing assets...

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What Bankruptcy Type is Right for Me?

Financial problems are not easy to resolve. If you have gotten behind on credit card payments, getting back on track can be a challenge. This is especially true if you have suffered from job loss or are dealing with a huge expense, such as medical bills or car repairs. Struggling...

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Division of Assets and Debts in a Divorce

Divorce is a stressful and exhausting event that encompasses a wide range of issues. Even when there are no children, there is a lot that needs to be dealt with. One of the most contentious ones is dividing assets and debts. Most people are concerned mainly with the assets. Who...

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What Are Florida Probate Rules?

When a person dies, then their estate will likely go through probate, unless they had a trust. Probate is a court-supervised process for identifying a deceased person’s assets, distributing these assets to beneficiaries, and paying debts. Probate is necessary even if a person has a will. It is required to...

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Do I Need a Lawyer if Both Spouses Agree on Everything?

When you think of divorce, you likely imagine a nasty court battle with a lot of disagreements. However, this is not always the case. Some divorces are amicable, with both spouses able to split everything on their own, without disagreements. This allows you to get a simpler, quicker divorce in...

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What Steps Should I Take Prior to Getting a Divorce?

Not all marriages last forever. If your marriage is suffering, you may be considering ending it. However, getting a divorce is a major decision. It is not something you should take lightly. There are a lot of variables involved. Getting a divorce is not like jumping in your car and...

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Does Child Support Decrease if My Salary Decreases?

When a couple with children divorces, they both still need to financially support their children. While both parents may share custody of the children, one parent is typically the custodial parent, while the other pays child support. Child support is often a contentious family law matter. Not many parents want...

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What are the Rules for Probate in Florida?

When a loved one dies, you may be tasked with handling their estate. Unless their assets are in a trust, you will have to go through the probate process. An estate is required to go through the probate process if there was no will and all the assets were only...

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What are the First Steps in Getting a Divorce in Florida?

Divorce is a complex legal process that many often know little about until they consider it an option. Prior to beginning the journey, you want to make sure you understand what to expect. Without a notion of where to start, you may be faced with several questions. If you’re considering...

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Do I Have to Give Up All of My Assets in Bankruptcy?

In considering bankruptcy, the fear of losing all assets often holds people back from making this often-beneficial decision. For the court to reduce or eliminate debt, they will need to examine your assets and determine what you can keep and what you’ll have to give up. If you’re thinking about...

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Essential Insights from a Bankruptcy Attorney

No one really likes the idea of filing for bankruptcy, but it could help (and has helped) many people resolve their financial issues and get out of debt. However, even for people who are ready to file for bankruptcy, figuring out whether bankruptcy is the best course of action can...

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What If I Want to Move Out of State With My Children?

Relocation disputes are among the most difficult and emotionally charged family law cases. It can be particularly challenging when you want to move out of state and your co-parent is not on board with your decision. Under Florida law, you will need the permission of your co-parent and or a...

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What Type of Bankruptcy Chapter Should I File?

The decision to file for bankruptcy and what chapter you should file will depend on your specific financial situation. Chapter 7 is best for people who have inadequate earnings to pay some of their debts and want to retain non-exempt property. But if they have property or some income and...

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Local Bankruptcy Laws in FL

Bankruptcy is an available process to seek financial and legal relief set out by the United States Bankruptcy Code at the federal level. While local bankruptcy laws in Florida primarily fall under the jurisdiction of the federal bankruptcy courts, there are some specific provisions and exemptions that are unique to...

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What is Alimony?

Alimony, also known as spousal support or maintenance, is financial support that one spouse must pay another after a divorce. The main goal is to help make sure that the lower or non-earning spouse’s standard of living will not be drastically affected. This is especially true for couples where there’s...

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Why Do I Need a Bankruptcy Attorney?

Filing for bankruptcy gives people a chance to get their financial health in shape. However, since bankruptcy involves complex laws and legal proceedings, navigating the entire process alone can be extremely challenging for the average person. While the law allows people to file for bankruptcy without legal assistance, it is...

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Challenges of Co-Parenting During Summer Break

You and your child’s other parent might have an effective parenting plan in place that you follow with ease during the school year. However, things can change once school lets out for summer. Childcare needs, work conflicts, travel, camps, and more can all make your usual parenting schedule difficult to...

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How are Marital Assets Distributed in FL?

If you’re getting divorced, you likely have many concerns. Where will you live? How often will you see your children? What will your post-divorce life look like? One determining factor of your post-divorce situation is how your assets and property are distributed in your divorce case. Florida has laws dictating...

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How to Avoid Common Mistakes in Divorce Proceedings

Each divorce comes with its own unique set of circumstances, some being more contentious and challenging than others. Most people make the same mistakes when going through a divorce. If you are contemplating filing for divorce or are going through negotiations with your soon-to-be-ex-spouse, here are tips for dealing with...

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Can I Keep Credit Cards While I File for Bankruptcy?

Many people resort to bankruptcy when their financial struggles become overwhelming. Filing for bankruptcy will freeze your credit file, which means you can’t apply for new credit until your case has concluded. This is why people planning on filing for bankruptcy prefer to keep their credit cards. However, once a...

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How Will Bankruptcy Affect My Credit?

Bankruptcy can help a great deal if you are struggling with your finances. Bankruptcy laws provide debtors with much-needed relief from their debts and give them a fresh start. However, this fresh start comes at a price, which is usually a significant hit to the debtor’s credit. On the other...

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I Lost My Job. What If I Can not Provide Child Support?

If you recently lost your job and can’t provide child support, you are not alone. Many child support issues are usually the result of parents being unable to make payments because of specific circumstances that they cannot possibly control, which normally include job loss, an injury or health problem, or...

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How is Property Divided in Divorces?

Marital property is divided between spouses when they get a divorce. There are different ways to divide property in a divorce. Florida follows the equitable distribution method. Before you start panicking about losing your house, vehicles, and other possessions, keep reading to learn how equitable distribution works and how it...

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How Bankruptcy Lawyers in Florida Can Help You

Filing for bankruptcy is an excellent way to relieve yourself of overwhelming debt. However, the entire bankruptcy process, from assessing your property to accurately disclosing your assets, dealing with creditors, and filing the right paperwork can be immensely daunting. That is where Florida bankruptcy lawyers come in. If you have...

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What to Do If My Ex is Not Paying Child Support?

It can be incredibly stressful and frustrating when your ex is not paying child support. After all, you rely on those payments to help pay for the costs of rearing your child. If you have discussed the matter with your ex, and they are still refusing to pay child support...

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When to Seek Bankruptcy Help in South Florida

For many people, filing for bankruptcy is usually the most practical option to get their financial health back in shape. However, because bankruptcy cases involve complex legal issues, it can be daunting to navigate the entire process alone. While people can file for bankruptcy without legal representation, a report by...

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Why is Probate Important?

Talking about probate isn’t something that people want to do since it involves someone that recently passed. A loved one’s loss is among the hardest things you can go through. This time is understandably difficult, and the thought of dealing with all the legal processes needed during this challenging time...

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Can Bankruptcy Affect My Credit Score?

Bankruptcy can help you get a much better handle on your finances, get out from under crushing debt, and obtain a new financial lease on life, but it can also negatively affect your credit score. The benefits that bankruptcy can afford in a difficult financial situation, however, can far outweigh...

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What is the Cost of a Divorce in Florida?

If you are facing a divorce – or are considering divorce – you recognize that it can be a costly endeavor. The fact is that it’s more expensive to maintain two households than one, which means both you and your ex are likely to face a financial setback. There is...

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What Are Common Questions about Chapter 13 Bankruptcy?

Bankruptcy is a complicated but important legal matter that can afford you the opportunity to crawl out from under crushing debt and move forward toward a fresh financial start. Chapter 13 bankruptcy refers to a supervised payment plan in which you don’t have to liquidate your assets but instead secure...

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How is Child Support Determined?

If you are facing a divorce that involves children or are breaking up with someone with whom you share a child, child support is likely a concern. The same is true if you already have a child support order but need a modification. Florida, like other states, requires parents to...

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What Happens if One Parent Will Not Pay Support?

Florida courts determine if child support is necessary in cases involving children. If so, they will also determine which parent pays and in what amounts. Child support is a legal obligation. Parents who receive a court order to pay must do so, or they can face severe and long-lasting penalties....

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Can Child Support Be Waived if Both Parents Agree?

In Florida child support child support is a calculation primarily based on income and the amount of overnights that the parent has the child.  At times, parents wonder if they can mutually agree to waive child support obligations. While this might seem like a legal agreement between two adults that...

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Steps in the Divorce Process in Florida

As much as you want your divorce to be over with and to live a separate life from your soon-to-be ex-spouse, divorce is a process that doesn’t happen overnight. The State of Florida requires certain steps to be taken for a once-married couple to become officially divorced and recognized as...

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What Are Common Questions About Chapter 11 Bankruptcy?

In general, bankruptcy is a legal tool allowing individual, married, or business debtors to get out from under certain debts. However, there are many myths about bankruptcy, and the topic brings up many questions. Here, our skilled bankruptcy attorney, Brian McMahon, answers some of the most common questions about Chapter...

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How to File for Child Custody Contempt in FL

Court-ordered child custody arrangements are legally enforceable orders that set out the specific terms and conditions of visitation and parenting time for parents and their kids. If your ex or co-parent doesn’t want to comply with the order, they can be held in contempt of court. Violating a Child Custody...

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Are Mothers Favored in Divorce Court?

During a divorce - and specifically when it comes to resolving child custody disputes - courts have, in the past, favored mothers when awarding child custody due to the antiquated tender years doctrine. This legal doctrine has been around since 1800 and states that child custody during their tender years...

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Filing for Bankruptcy in FL

While you may have other debt-relief options available to you to fix your financial health, filing for bankruptcy in FL is the most practical option for a lot of people who are having difficulties supporting themselves. In Florida, the most common options for bankruptcy are chapter 7 and chapter 13....

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How Old Does a Child Have to Be to Refuse Visitation in FL

There’s no lawfully defined age at which the wishes or preferences of a child regarding visitation would be honored. This sticky situation is very common and places the parent in an ethical and legal predicament. Under the law, it is the state’s public policy that all minor children have continuing...

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Does Child Support Increase If My Salary Increases?

Under Florida law, both parents are financially responsible for helping raise their kids, regardless of whether they are together or not. This is why family courts impose financial obligations on parents during paternity cases and divorce proceedings. When judges calculate how much child support the non-custodial parent must pay, they...

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Does a Stepparent Have Any Legal Rights in Florida?

Becoming a stepparent comes with new challenges and responsibilities, and when you assume your new role as a stepparent, losing your stepchildren is the farthest thing on your mind. But not all relationships last. During a divorce, it can be immensely challenging to maintain the relationship you’ve built with your...

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Can a Divorce Affect My Retirement Fund?

Protecting your retirement fund may not be a priority when considering or are in the middle of a divorce. Most likely, the emotional toll of the divorce on you and your family is probably at the top of your list. However, your financial health also matters, and this includes ensuring...

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Creditors Approach to the COVID Crisis FAQ

(COVID Crisis) – Policies are changing every day, please contact us to discuss solutions that may suit you Can I skip my rent payment during COVID crisis: This will be up to your landlord. Often times, the landlord has to continue to pay the mortgage. So, the landlord will still...

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How to Select a Bankruptcy Lawyer

It’s a helpless feeling. But each day, hundreds of people throughout West Palm Beach file for bankruptcy as a last resort to pay off their debts. Whether you’re planning to file Chapter 7 or Chapter 13 bankruptcy, the process can be complex. Unless you’re an expert in bankruptcy law, tackling...

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What Bankruptcy is Right for Me?

For most Americans, there are two applicable chapters in bankruptcy, chapter 7 and chapter 13. The determination of filing either a chapter 7 or chapter 13 is made first, by the consumer’s needs and second, by the amount of assets or amount of income. The “new” bankruptcy laws created a...

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