Latest Blog Posts By Category

What Are the Requirements for Receiving Alimony in Florida?

When a couple gets divorced , one party may be required to pay the other party an amount of money that allows them to pay for necessary living expenses according to the lifestyle that they established during the marriage. These payments are called “ alimony ” or “spousal support.” This blog discusses what a party must demonstrate in order to qualify for receiving alimony payments. Types of Alimony ...

Which Type of Bankruptcy is Right for Me?

Bankruptcy offers solutions to financial stress, but there are different paths that you can take. Both Chapter 7 bankruptcy and Chapter 13 bankruptcy might offer solutions to help get you back on your feet, but which one is right for you? Chapter 7 Chapter 7 bankruptcy, also known as liquidation, allows a debtor to get rid of most of their debts and start over with a clean slate. A debtor must ...

How Long Will a Bankruptcy Remain on My Credit Report?

Escalating job losses, declining home values and weakening consumer confidence pushed over a million of individuals into bankruptcy in 2008—during the midst of the Great Depression. While filings have declined since then—with fewer than 775,000 people filing in courts last year—bankruptcy remains a word that strikes fear. However, after other options are considered, bankruptcy may be the only ...

The Benefits of Filing for Bankruptcy

Deciding whether or not to declare bankruptcy is without a doubt one of the most difficult things you’ll ever have to face. The emotional toll that it will take on your self-esteem and financial future is tough to wrap your mind around, but unforeseen live events can cause bankruptcy—and the truth is—it’s not all bad news. Benefits of Bankruptcy Bankruptcy is neither inherently bad or good, but it ...

Domestic Violence & Divorce in Florida

Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...

How to Create a Parenting Plan for Divorce

One of the most heartbreaking aspects of divorce is when children are involved, as it is inevitable there will be some conflicts or tension regarding future parenting. Divorced parents find it difficult to agree on much of anything, especially when it comes to your shared children. Tensions run high as both parents want to protect as much of their time with their child as possible--as well as an ...

Are There Family Law Consequences for Refusing to Vaccinate my Child?

Parents enjoy the right to raise a family according to their individual beliefs and standards. However, when parents hold certain beliefs that have the potential to endanger a child's health and safety, it can potentially impact future child custody determinations. This blog discusses the potential family law consequences of subscribing to the claims and ideas of the anti-vaccination movement. The ...

Lips Sealed with a Kiss: The Confidential Marital Communications Privilege

Communication is an essential part of the marital relationship. When a marriage falls apart, a breakdown in communication is either primarily or partly responsible. However, the importance of communication to a marriage is not a new concept. In fact, the facilitation and protection of marital communications are why states across the country recognize a privilege against the disclosure of such ...

Domestic Violence & Divorce in Florida

Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...

How to Create a Parenting Plan for Divorce

One of the most heartbreaking aspects of divorce is when children are involved, as it is inevitable there will be some conflicts or tension regarding future parenting. Divorced parents find it difficult to agree on much of anything, especially when it comes to your shared children. Tensions run high as both parents want to protect as much of their time with their child as possible--as well as an ...

Lips Sealed with a Kiss: The Confidential Marital Communications Privilege

Communication is an essential part of the marital relationship. When a marriage falls apart, a breakdown in communication is either primarily or partly responsible. However, the importance of communication to a marriage is not a new concept. In fact, the facilitation and protection of marital communications are why states across the country recognize a privilege against the disclosure of such ...

Domestic Violence & Divorce in Florida

Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...

My Wedding Is Cancelled: Who Keeps the Ring?

Despite Hollywood’s persistent message, not every happy ending involves a proposal and walk down the aisle. A trusted family law attorney will tell you a broken engagement is a better place to be than heading for divorce, and we at the Law Office of Russell S. Hershkowitz, L.L.C. understand this reasoning doesn’t make your current situation any easier. This is why we proudly serve the people of ...

Domestic Violence & Divorce in Florida

Few things complicate a divorce quite like domestic violence, even more so when there are children involved. As a victim of domestic violence, you deserve to get out as fast as you can, which can be a challenge if you are married to an abuser. The state of Florida condemns violent spouses with criminal charges, which has an inevitable ripple effect in all other court cases. Domestic violence ...

Who Gets the House After a Divorce?

When a married couple buys a house, they ordinarily have joint ownership over it. As a result, both spouses have an equal and undivided right to live in the home. After a divorce , most couples usually aren’t too keen on continuing the previous living arrangement. However, since both spouses have an equal right to live there, how does a court determine who gets to live in the house after a ...

How to Identify Marital Assets

It is common knowledge that houses, cars, and dining sets are items that are equally divided during a divorce . However, does your spouse have a right to half of your business, employment benefits, or pension? The answer depends on whether those things qualify as a marital asset. This blog discusses how Florida courts identify marital assets. Equitable Distribution Under the Florida law, the ...