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Domestic Violence
Divorce, Custody, & Family Law FAQ
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Blog
2021
February
Can a Judge Invalidate a Prenuptial Agreement in Florida?
What Should Be Included in a Parenting Plan?
January
Bankruptcy in America: How COVID-19 Has Impacted Personal and Commercial Bankruptcies
What Happens to Your Health Insurance Plan After a Divorce?
2020
December
Divorce Checklist: How to Prepare for Your Divorce
How to Keep Child Custody Exchanges Civil
November
FAQs About Domestic Violence
Who Gets the Pet in a Florida Divorce?
October
What Not to Do Before Filing for Bankruptcy
Prenuptial Agreement Checklist
July
How to Talk to Your Fiancé About a Prenuptial Agreement
What Can I Do to Enforce Child Support?
June
Co-Parenting Tips for the Summer Season
Is It Possible to Oppose a Divorce?
May
Can Infidelity Impact My Divorce Settlement?
Working with Your Ex to Create Consistent Household Rules for the Kids
April
How Bankruptcy Can Impact Your Estate Plan
Common Challenges in High-Asset Divorces
March
Modifying Alimony Payments
The Difference Between Assets & Liabilities in a Divorce
How Can I Modify Child Custody?
Are U.S. Companies Taking Advantage of Bankruptcy Law?
February
What You Should Know About Post-Divorce Modifications
What Happens if My Children Refuse Visitation?
January
Divorce Mistakes You Should Avoid
Tips for Becoming a More Effective Co-Parent
2019
December
4 Benefits of Creating a Prenuptial Agreement
How Can a Relocation Affect Child Custody?
November
How Is Debt Divided in Divorce?
Child Custody & How to Divide Time During the Holidays
October
Florida Alimony Reform: Is Permanent Alimony Fair?
Domestic Violence Awareness Month: How You Can Stay Safe
September
Establishing Paternity with an Uncooperative Biological Father
5 Ways to Make the Most Out of Visitation Time with Your Child
August
Can You Press Domestic Assault Charges on Someone You Are Dating?
Joint Custody and School Districts – Where Will Your Child Go to School?
July
How Is Child Custody Affected if You Need to Move Out of State?
June
How Bankruptcy Impacts Family Law Agreements and Orders
Different Enforcement Methods for Family Law Orders
May
When Does Alimony End in Florida?
Divorce: Can I Move Out Without the Kids?
April
Protective Factors for Supporting and Strengthening Families During Stressful Life Events
Lips Sealed with a Kiss: The Confidential Marital Communications Privilege
March
Domestic Violence & Divorce in Florida
My Wedding Is Cancelled: Who Keeps the Ring?
February
Does My High Net Worth Affect my Divorce?
How to Create a Parenting Plan for Divorce
January
Are There Family Law Consequences for Refusing to Vaccinate my Child?
Possible Legislative Reforms to Florida Timesharing Law
2018
December
Tips for Achieving Financial Independence After a Divorce
Who Gets the House After a Divorce?
November
How to Identify Marital Assets
October
How Are Veterans Benefits Affected by Divorce?
The Uniform Child Custody Jurisdiction and Enforcement Act
September
Divorce and Childhood Obesity
Who Gets Child Custody Pending a Divorce?
August
Can I Get My Marriage Annulled?
Why Staying Together for the Kids is a Problem?
July
Why Is It Necessary to Establish Paternity?
June
How Long Do I Have to Pay Alimony?
What to Do If Your Ex Violates Your Custody Agreement
May
Which Type of Bankruptcy is Right for Me?
April
Why Your Prenuptial Agreement May Not Be Valid
Documents You Must Have Ready For Your Divorce
March
7 Common Mistakes to Avoid in a Child Custody Battle
How Long Will a Bankruptcy Remain on My Credit Report?
February
The Benefits of Filing for Bankruptcy
Understanding the Difference Between Physical and Legal Custody
January
What You Need to Know About Relocating After Divorce
The Benefits of an Uncontested Divorce
High Net Worth Divorce: Hold Onto Your Prized Possessions
2017
October
Divorce Do’s and Don'ts
The Impact of Domestic Violence on Divorce
September
What is a Parenting Plan Modification?
Can I Still Use Social Media During My Divorce?
How to Make Your Divorce as Simple as Possible
How to Get a Divorce in Florida
August
Pros and Cons of a Prenuptial Agreement
Top 5 Child Custody Questions
Questions to Consider Before Hiring a Child Custody Attorney
June
Discovering Hidden Assets During Divorce
What is Separate Property?
January
What Happens to Your Debt after a Divorce?
Factors Considered when Determining Alimony
Benefits of Joint Child Custody
2016
December
How to Pursue Sole Custody of Your Children
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Recent Posts in Child Custody Category
12
Feb
2021
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 ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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7
Dec
2020
How to Keep Child Custody Exchanges Civil
It is not uncommon for even the most amicable divorces to end with lingering feelings of resentment. This makes child custody exchanges difficult, especially on the children. While custody exchanges are necessary, they can often become contentious when parents refuse to get along or harbor feelings like bitterness. Today, we go over how to keep your child custody exchanges civil. Ensure you are ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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23
Jun
2020
Co-Parenting Tips for the Summer Season
Whether you are new to co-parenting or have been a co-parent for years, the truth remains: sometimes it is difficult to co-parent over the summer season. Due to changes in schedules, vacation time, and summer camps, your summer co-parenting plan may have to change, which could cause some discomfort. Today, we will review some co-parenting tips so you can take on the summer season with ease. Tips ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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6
May
2020
Working with Your Ex to Create Consistent Household Rules for the Kids
Raising children after a divorce can be a major challenge. To help them feel more secure, you and your former spouse should collaborate to develop consistent rules and routines in each household. Aiming for consistency does not mean you and your co-parent need to have identical parenting styles. However, you should work toward creating as much consistency as is reasonably possible. Establishing ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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3
Mar
2020
How Can I Modify Child Custody?
It would be unrealistic to assume that the lives of both parents will remain the same after a divorce. Even one year later, circumstances may change, warranting a modification of your child custody . Family courts understand this, which is why Florida law allows former spouses to petition the court for a modification of their child custody order. If you are the petitioning parent, you must provide ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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25
Feb
2020
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 ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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4
Feb
2020
What Happens if My Children Refuse Visitation?
During the divorce process, parents must work out a child custody and visitation arrangement to ensure each party can maintain a meaningful bond with the children. If you cannot agree on an arrangement together, a judge will render a decision for you, examining several factors to determine what is in their best interests. However, sometimes putting a child custody order into practice may become a ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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11
Dec
2019
How Can a Relocation Affect Child Custody?
Can a parent with primary custody move a great distance from the other parent? Should a court place the child in the care of the non-custodial parent instead? How can a move affect an existing child custody agreement? When to Involve the Court The state of Florida affirms that a relocation is when a parent moves more than 50 miles away from their current residence for more than 60 days. It does ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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1
Nov
2019
Child Custody & How to Divide Time During the Holidays
Children need to develop holiday traditions with each side of their family. This can be complicated when parents are no longer together and must decide how to share the holidays. There are a few ways former partners can split the holidays so everyone can be happy. Keep reading to learn more. Alternating Holidays Perhaps the most common way to divide holidays, an alternating schedule allows both ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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24
Sep
2019
Establishing Paternity with an Uncooperative Biological Father
In Florida, paternity is established in one of two ways: the child is born during your marriage to the father; or the father acknowledges his paternity and it is officially instated through a court of law. What happens if you weren’t married to the father of your child at the time of birth and he refuses to go before the court? Is there a way to force the biological father to take responsibility ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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5
Sep
2019
5 Ways to Make the Most Out of Visitation Time with Your Child
After a divorce, visitation is critically important for maintaining a sense of connection with your child. Unfortunately, visitation time is often used as a tool to punish or harm one parent. This is a bad idea for many reasons, the most important of which is the negative effect it can have on the child. Even if your relationship with your child’s other parent isn’t the best, you should always ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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7
Aug
2019
Joint Custody and School Districts – Where Will Your Child Go to School?
School age children are required to attend an educational institution. A child’s residential district generally dictates where the child will go to school; however, if you and your partner have recently divorced and now have joint custody, you may not be sure which school district your child belongs to. If one parent has the child most of the time, the child will likely attend school in the ...
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Law Office of Russell S. Hershkowitz, LLC
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26
Jun
2019
How Bankruptcy Impacts Family Law Agreements and Orders
Bankruptcy proceedings are one of the most significant areas of law that crosses over to family law . When someone files a bankruptcy petition, they essentially pause all movement regarding their financial obligations, including orders involving the division of property at divorce and family support obligations. Because much of the issues in family law cases involve payment obligations between ...
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Law Office of Russell S. Hershkowitz, LLC
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19
Jun
2019
Different Enforcement Methods for Family Law Orders
After the court issues its final judgment or decree in a divorce or other family law matter, the parties receive a document detailing the terms of the court’s directives and orders. So, how does a piece of paper make someone pay child support or give their spouse title to a house or car? What’s to stop someone from simply refusing to follow the terms of a divorce or family law order? There are a ...
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Law Office of Russell S. Hershkowitz, LLC
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6
May
2019
Divorce: Can I Move Out Without the Kids?
Some married couples have amicable divorces. They approach their divorce realistically, and with an agreement about dividing their property and debts. They also come up with a practical child custody schedule that will serve their children’s best interests. Other couples are not as fortunate, especially if their feud is over child custody. If you are a parent who is headed toward divorce and you ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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25
Mar
2019
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 ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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15
Feb
2019
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 ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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29
Jan
2019
Are There Family Law Consequences for Refusing to Vaccinate my Child?
Can You Get in Trouble for Not Vaccinating Your 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 ...
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Law Office of Russell S. Hershkowitz, LLC
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23
Oct
2018
The Uniform Child Custody Jurisdiction and Enforcement Act
When parents of a minor child get a divorce , child custody is a critical issue of contention. When a court issues a final divorce decree, it usually includes custody orders that stay in effect for years afterward. Custody orders can be modified later, but traditionally only the court that issued the custody order has jurisdiction to modify it. The traditional system became a burden for divorced ...
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Law Office of Russell S. Hershkowitz, LLC
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20
Sep
2018
Divorce and Childhood Obesity
What Health Risks Result from Childhood Obesity? September is National Childhood Obesity Month. According to the Centers for Disease Control (CDC) , approximately 19% of children (about 1 in 5) in the United States are considered obese. Obesity puts children at an increased risk for serious health conditions, including: Asthma; Sleep apnea; Type 2 diabetes; and Heart disease. The Risk of Obesity ...
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Law Office of Russell S. Hershkowitz, LLC
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7
Sep
2018
Who Gets Child Custody Pending a Divorce?
Which parent gets custody of a child while divorce proceedings are pending? In general, family law courts will ultimately consider the child’s best interests to determine the custody arrangement during a divorce: joint or sole custody. If you’re going through a divorce and are concerned about losing full rights to your children, you don’t have to be unprepared. An experienced Altamonte child ...
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Law Office of Russell S. Hershkowitz, LLC
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15
Jun
2018
What to Do If Your Ex Violates Your Custody Agreement
A divorce usually results in a court order that details your child custody arrangement. Unfortunately, ex-spouses can take liberties with a parenting plan, by preventing the other spouse to see their child or failing to show up on time for visitation. While these violations can be frustrating, they could face custody and visitation-related consequences if their misconduct is severe or consistent ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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22
Mar
2018
7 Common Mistakes to Avoid in a Child Custody Battle
A custody battle can be emotional, overwhelming and expensive, but the last thing you want to do is let a mistake sabotage your case. During this time, it’s important to understand that your actions inside and outside of legal proceedings can have an impact on your child’s well-being and your relationship with them. Any negative feelings that lead to destructive behavior can put you at a huge ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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8
Feb
2018
Understanding the Difference Between Physical and Legal Custody
In family law matters, child custody is broken down into two elements: physical and legal custody. While the terms are easy to confuse, they have the ability to operate independently of each other, and it’s common for physical and legal custody to be applied differently in a child custody case. As a parent, it is important you know the difference between the two terms and how they could affect you ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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30
Jan
2018
What You Need to Know About Relocating After Divorce
Oftentimes, many individuals feel tempted to relocate after a divorce to leave the past behind and embark on a truly fresh start somewhere new. While the concept of hitting refresh on life is undoubtedly appealing, moving out of state can cause some problems if you and your ex-spouse share minor children and are not in agreement regarding the move. Before you start packing up your belongings, ...
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Law Office of Russell S. Hershkowitz, L.L.C.
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