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Florida’s Attempt to Reform an Alimony Bill

A bill to change Florida’s alimony system headed to the House this April. The bill would end permanent alimony payments unless both parties agreed to it. It would also create the presumption that it would be in the best interests of a child for their parents to split timesharing equally. The House debated on the bill for over an hour and then decided not to move it forward. The Components of ...

Modifying Alimony Payments

If part of your divorce decree involved alimony payments, you may be wondering if it is possible to modify it. After all, circumstances can change and your financial situation may not be what it was when your divorce finalized. Even if your current predicament is only temporary, you can still request a modification of your alimony payments. Before you take your former spouse to court to petition ...

What You Should Know About Post-Divorce Modifications

Life can change substantially after a divorce and the terms that were once acceptable and practical for your situation may not continue to be suitable for you or serve the best interests of your children. Family courts understand that modifications are sometimes necessary, which is why you can file a petition to modify child support, spousal support, or child custody. However, unless fraud somehow ...

When Should I File for Bankruptcy?

Bankruptcy is for people who have fallen into severe debt. It essentially clears people of their responsibility to pay off this debt, legally protecting them from creditors. It is, however, not the only option. Bankruptcy should always be seen as a last resort. This article is for those who are unsure about whether they should go through with bankruptcy. It provides telltale signs that it’s time ...

Bankruptcy in America: How COVID-19 Has Impacted Personal and Commercial Bankruptcies

COVID-19 has affected almost every industry in the United States economy. Stay-at-home orders slowed or halted normal business operations and many business owners had to pivot to continue to run their companies. Unemployment hit historic levels and that appeared to be just the beginning. Commercial bankruptcy filings in 2020 were higher than they were during the same period in 2019; however, the ...

What Not to Do Before Filing for Bankruptcy

Filing for bankruptcy can help steer you down the right financial path. While it is a difficult decision, doing so can help you take control of your financial future. If you recently made this decision, you should know that many of the steps you take, or do not take, during this time will have a considerable impact on the success of your bankruptcy case. Today, we compiled a list of the so-called ...

Managing Parenting After a Long-Distance Move

Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...

What Should a Parenting Plan Include?

Creating a parenting plan is a key part of your divorce process when you have minor children. When you and your spouse determine what to include in this plan, each item must support your child’s well-being and meet their needs. This is crucial for a family law judge to approve it. Child custody and visitation schedule are central to your parenting plan, but you and your spouse need to reach an ...

How Custody Decisions Are Made in Florida

When a couple has a baby, they share custody of the child while they are still together. However, if they decide to separate, the courts may need to step in to help determine how much time each parent will have with the child and where the child will live. The state of Florida usually prefers to keep children in contact with both parents whenever possible, although one parent is usually given the ...

What If I Can’t Pay My Child Support?

Child support exists to help custodial parents pay for the costs of raising their child. Many noncustodial parents are ordered to make regular child support payments by the courts. However, a person may not be able to afford the same amount of child support they could when their order was first made due to various life changes. There are certain actions a parent can take when this happens to get ...

How Custody Decisions Are Made in Florida

When a couple has a baby, they share custody of the child while they are still together. However, if they decide to separate, the courts may need to step in to help determine how much time each parent will have with the child and where the child will live. The state of Florida usually prefers to keep children in contact with both parents whenever possible, although one parent is usually given the ...

The Benefits of Establishing Paternity

When a married couple has a child, it is assumed they are the biological parents of that child. However, the same is not the case for unmarried couples. Establishing paternity can name a child’s biological father as their legal father. It also gives the father certain rights, like visitation. However, it also gives them responsibilities, such as making child support payments. What are the benefits ...

Managing Parenting After a Long-Distance Move

Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...

What Should a Parenting Plan Include?

Creating a parenting plan is a key part of your divorce process when you have minor children. When you and your spouse determine what to include in this plan, each item must support your child’s well-being and meet their needs. This is crucial for a family law judge to approve it. Child custody and visitation schedule are central to your parenting plan, but you and your spouse need to reach an ...

What If I Can’t Pay My Child Support?

Child support exists to help custodial parents pay for the costs of raising their child. Many noncustodial parents are ordered to make regular child support payments by the courts. However, a person may not be able to afford the same amount of child support they could when their order was first made due to various life changes. There are certain actions a parent can take when this happens to get ...

Bankruptcy in America: How COVID-19 Has Impacted Personal and Commercial Bankruptcies

COVID-19 has affected almost every industry in the United States economy. Stay-at-home orders slowed or halted normal business operations and many business owners had to pivot to continue to run their companies. Unemployment hit historic levels and that appeared to be just the beginning. Commercial bankruptcy filings in 2020 were higher than they were during the same period in 2019; however, the ...

Managing Parenting After a Long-Distance Move

Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...

What Is the Uncontested Divorce Process in Florida?

An uncontested divorce means that the spouses agree on every matter relating to their divorce, including property division , child custody , or alimony . They reach a complete agreement before filing their petition. If for any reason, even a minor term, a judge needs to be involved, a divorce becomes contested. For an uncontested divorce, you do not have to work with an attorney, but choosing to ...

Will Divorce Ruin My Child?

Divorce affects everyone involved in different ways. During your divorce or separation, your children may act out or withdraw. But divorce doesn’t equate to their “ruin.” While divorce is said to have psychological and social effects on children , you can still help your children successfully navigate your divorce. In this article, we will walk through how you can prepare your kids for your ...

Can Domestic Violence Affect Child Custody?

When determining child custody , courts consider a lot of factors, including any instances of domestic violence. Acting in the best interest of the child is everyone’s number-one priority, which is why courts take instances, even allegations, of domestic violence very seriously. If the domestic violence occurred after the child custody orders were issued, a parent can file to have the orders ...

How Long Does a Domestic Violence Restraining Order Last in FL?

If you or your child is the victim of domestic violence or is in imminent danger of becoming a victim, you have the right to obtain a restraining order against the abuser. Also known as an injunction for protection against domestic violence, this court document orders the abuser to stop doing certain actions (e.g., abusing you, contacting you and your loved ones, visiting places you and your loved ...

Enforcing a Restraining Order in Florida

In Florida, restraining orders, better known as protective injunctions, offer legal protection to individuals in fear of violence or harm. Injunctions are court orders, so they are enforceable by the court. One important way the court might enforce the terms of an injunction is through criminal penalties for violations. In today’s blog, we will review the specific protections granted in an ...

Managing Parenting After a Long-Distance Move

Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...

What Is the Uncontested Divorce Process in Florida?

An uncontested divorce means that the spouses agree on every matter relating to their divorce, including property division , child custody , or alimony . They reach a complete agreement before filing their petition. If for any reason, even a minor term, a judge needs to be involved, a divorce becomes contested. For an uncontested divorce, you do not have to work with an attorney, but choosing to ...

Your Prenuptial Agreement Could Be Invalidated

Marriage is a big undertaking. In the short term, it requires a lot of time to plan a wedding, as well as a lot of money. In the long term, it is a commitment to another person, but also a legal commitment. It changes the legal status of those getting married and provides new benefits, such as the ability to open joint bank accounts and file taxes jointly. However, marriage does not always work ...

Managing Parenting After a Long-Distance Move

Life can take you in many unexpected directions. No matter how badly you want to stay rooted, circumstances may force you to move. This relocation complicates matters when you share custody of your children, especially when the move is long-distance. Such a move raises legitimate, important questions about parenting. How much authority will the long-distance parent retain? How will you handle ...

What Should a Parenting Plan Include?

Creating a parenting plan is a key part of your divorce process when you have minor children. When you and your spouse determine what to include in this plan, each item must support your child’s well-being and meet their needs. This is crucial for a family law judge to approve it. Child custody and visitation schedule are central to your parenting plan, but you and your spouse need to reach an ...

What Should Be Included in a Parenting Plan?

Per Florida law, a parenting plan is required for any family law case that involves timesharing of a minor child. Therefore, even if you and your co-parent agree on all matters regarding custody and visitation, you will still need to establish a court-approved parenting plan. So, how do you know what should be included in this document? Today, we will review what a parenting plan is and what ...

The Benefits of Establishing Paternity

When a married couple has a child, it is assumed they are the biological parents of that child. However, the same is not the case for unmarried couples. Establishing paternity can name a child’s biological father as their legal father. It also gives the father certain rights, like visitation. However, it also gives them responsibilities, such as making child support payments. What are the benefits ...

Who Needs a Prenup?

Marriage is a big commitment from both parties involved. It costs money to get married. It can cost a lot more money if the marriage ends in divorce without the proper protections in place. Prenuptial agreements were created to help people protect their assets in marriage. Many people believe prenups are only useful for wealthy people. However, the truth is that all married couples can benefit ...

Your Prenuptial Agreement Could Be Invalidated

Marriage is a big undertaking. In the short term, it requires a lot of time to plan a wedding, as well as a lot of money. In the long term, it is a commitment to another person, but also a legal commitment. It changes the legal status of those getting married and provides new benefits, such as the ability to open joint bank accounts and file taxes jointly. However, marriage does not always work ...

Can a Judge Invalidate a Prenuptial Agreement in Florida?

It is more common now than ever to enter into a prenuptial agreement . Many couples, especially those with a considerable net worth, decide to be proactive in the event of a divorce and hire an attorney to assist them with this process. This is also an important step to ensure that your prenup is legally binding and will be able to protect you and your interests if you were to get divorced. So, ...

How to Divide Equity in a House After a Divorce

When it comes to dividing marital assets during a divorce, determining what to do with your house will probably be one of the most difficult decisions you will have to make. Florida is an equitable division state, meaning the court will divide marital assets in a manner it deems fair. Any marital property will be divided equally upon divorce. As your house is not a liquid asset, it can be hard to ...

Who Gets the Pet in a Florida Divorce?

For many families, a pet is considered another member of the family. Pet owners have a special bond with their pet as they invest time, energy, and love into caring for them. In return, they receive ongoing companionship and love. It is common to question which spouse will get custody of the pet after a divorce – especially if both spouses have a close bond with the animal. In many ways, a pet ...

How Is Debt Divided in Divorce?

Florida practices equitable distribution of property. It’s important to note that equitable does not necessarily mean equal distribution, and the state considers certain debts marital and others separate. Premarital & Non-Marital Debts Premarital and non-marital debts will not be divided upon divorce. A premarital debt is one a spouse incurs before marriage, the most common being credit card debt. ...