Blog Posts - Divorce
What is Equitable Distribution?
In a divorce, the parties split their marital assets. Marital assets refer to all property acquired during the marriage, whether they were acquired individually or jointly by the couple. However, each state is different when it comes to the laws involved. States follow either equitable distribution or community property laws....
Continue ReadingWhat 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...
Continue ReadingModifying Child Custody Orders
Your divorce has been finalized. You think you’re all set with the child custody and visitation schedule, but you should know that things could change. The lives of you, the other parent, and your children could change in a heartbeat. When this happens, you may want to modify child custody...
Continue ReadingHow Long Does Divorce Usually Take?
Once a person is ready to end their marriage, they usually do not want the process to drag on. 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 questions surrounding the...
Continue ReadingHow 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...
Continue ReadingDoes 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...
Continue ReadingHow 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...
Continue ReadingDifferent 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...
Continue ReadingIs Property Divided Equally in a Divorce?
A divorce is a complex process. Ending a marriage is never easy. 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 distribution laws. Equitable means...
Continue ReadingDivision 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 still a lot that needs to be dealt with. One of the most contentious issues is dividing assets and debts. Most people are concerned mainly with the assets....
Continue ReadingDivorce and Real Estate: Handling Marital Property and the Family Home
During a divorce, one of the things that must be decided is who gets what. For a couple that has been married for a short time and has little to no assets, this part may not be too difficult. But for a couple who has been married for decades and...
Continue ReadingDo 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...
Continue ReadingWhat 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...
Continue ReadingDoes 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...
Continue ReadingWhat are the First Steps in Getting a Divorce in Florida?
Divorce is a complex legal process that many people often know little about until they consider it an option. Prior to beginning the journey, you want to ensure you understand what to expect. Without a notion of where to start, you may be faced with several questions. If you’re considering...
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 within marriage. If your spouse is harassing you or threatening you with violence,...
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 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 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 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 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 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 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 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 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 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 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...
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