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...
Continue ReadingDo 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...
Continue ReadingWhat if my spouse is violent or harasses me during the divorce process?
Navigating a divorce is challenging enough, but when abuse is involved, the victim may fear backlash and be unwilling to move on from an unsafe situation. Domestic violence is illegal. Unfortunately, however, it is shockingly not uncommon in marriage. If your spouse is harassing you or threatening you with violence,...
Continue ReadingCan I keep some of my credit cards while filing for bankruptcy?
Credit cards can make your life easier and help you purchase items you may not be able to afford right away but agree to pay off over time. After years of relying on credit cards as a security net, the idea of losing access to them can be alarming. Despite...
Continue ReadingEssential 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...
Continue ReadingWhat 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...
Continue ReadingWhat 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...
Continue ReadingEmbracing Financial Resilience: A West Palm Beach Bankruptcy Attorney's Guide
Financial concerns are probably one of the top stressors for many people. Whether struggling to pay their monthly bills, covering their mortgage or car loan, paying off their credit card, or retirement planning, many people just can’t seem to stop worrying about their money problems. This is where financial resilience...
Continue ReadingLocal 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...
Continue ReadingWhat 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...
Continue ReadingWhy 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...
Continue ReadingChallenges 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...
Continue ReadingHow 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...
Continue ReadingNavigating Financial Challenges: How a West Palm Beach, FL Bankruptcy Lawyer Can Help You Get Back on Track
Even if you are careful and make responsible decisions, financial concerns can arise when you least expect them. Whether you had an unexpected illness that resulted in medical bills, a failed small business enterprise, or any other hiccup, it can be difficult to live with the stress of financial challenges,...
Continue ReadingHow 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...
Continue ReadingCan 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...
Continue ReadingHow 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...
Continue ReadingI 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...
Continue ReadingHow 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...
Continue ReadingHow 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...
Continue ReadingWhat 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...
Continue ReadingWhen 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...
Continue ReadingWhy 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...
Continue ReadingCan 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...
Continue ReadingWhat 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...
Continue ReadingWhat 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...
Continue ReadingHow 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...
Continue ReadingWhat 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....
Continue ReadingCan 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...
Continue ReadingSteps 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...
Continue ReadingWhat 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...
Continue ReadingHow 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...
Continue ReadingAre 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...
Continue ReadingFiling 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....
Continue ReadingHow 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...
Continue ReadingDoes 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...
Continue ReadingDoes 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...
Continue ReadingCan 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...
Continue ReadingCreditors 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...
Continue ReadingHow 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...
Continue ReadingWhat 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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