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Divorce

Recent Posts in Divorce Category

  • 3 Common Options in an Uncontested Divorce

    In legal terms, to “contest” something means you are challenging it. A contested divorce is not agreed upon by both parties, and it must be handled in court. Each state has a different process for contested divorces. Some even expect you to raise formal accusations to justify the divorce. In most U.S. states, divorcing couples can bypass formal accusations. They can simply cite “irreconcilable ...
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  • Creating a Parenting Plan in Florida

    When making child custody decisions, there is a lot to consider. There is much more to negotiate than simply where the child will live. Luckily, if you live in Florida, the state uses a highly detailed parenting plan . It covers many factors of co-parenting, leaving almost nothing out. Here are just some of the items you will find in Florida’s parenting plan. Visiting and Joint Custody Schedule ...
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  • Different Kinds of Spousal Support in Florida

    Spousal support is not a one-size-fits-all solution for every couple. Depending on each couple’s circumstances, payments can be low or high. If you live in Florida, there are four major types of spousal support. Here is a broad overview of each, along with how it works and why it is ordered. Durational Spousal Support in Florida As its name implies, durational support lasts for a specified amount ...
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  • Can My Spouse Get My Separate Property in a Divorce?

    Within a marriage, there are generally two kinds of property. Marital property is owned by each spouse collectively. Separate property is owned by just one spouse. Separate property includes any gifts from people outside the marriage. It also includes inheritance or anything you owned before the marriage. Standards may vary from state to state, and there are always exceptions. These three ...
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  • Can I Change My Child Support Payments?

    We all want to be there for our children, supporting them however we can. Sometimes, however, the realities of life stop us from doing so. Child support can get away from you, especially when you simply can’t cover the payments. You may get too far behind to catch up, which could lead to legal trouble. If you are in this situation, you may be able to have your payments altered. It is not enough to ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • 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 ...
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  • The Best Co-Parenting Apps for Divorced Parents

    Technology has made co-parenting easier than ever thanks to new co-parenting applications. These apps help separated or divorced parents plan, stay organized, and share information about their children as they navigate co-parenting. This increases effective communication and encourages collaboration among both parents, minimizing any opportunities for conflict. Below are four of the most ...
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  • How Does Adultery Impact a Florida Divorce Case?

    Adultery is one of the most common causes of divorce . So, what are the effects of adultery as it relates to divorce? Can it affect how spousal support, child support, or asset and property division will be determined in court? Today, we discuss how infidelity impacts a divorce in Florida. Will Infidelity Be Considered When Determining a Divorce Agreement? While Florida is a no-fault state, ...
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  • What Are Dirty Divorce Tactics?

    While they are not too common, it is possible that your spouse may attempt a dirty divorce tactic while you are both going through a divorce. These tactics can cause major issues in your life, so it would be best to consult with an experienced attorney if you find your spouse guilty of one. Fortunately, if you hire the right lawyer, he/she will have experience navigating how to best approach these ...
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  • What To Do When Your Spouse Does Not Want to Get Divorced

    If your spouse is against getting a divorce , it is easy to see why you would be frustrated. The truth of the matter is that although many marriages work out, some end up in divorce. While you do not necessarily need your spouse's permission to get divorced, dealing with him/her while trying to obtain a final divorce agreement can be difficult. After all, the way your divorce plays out will set ...
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  • 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 ...
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  • Divorce Self-Care Tips | Law Office of Russell S. Hershkowitz, L.L.C.

    It may seem that you are all alone as you process your divorce, but this is simply not true. Turning to your support system during this time is not only important but healing as well. Besides investing quality time with your loved ones, there are plenty of other self-care tips to consider while going through a divorce. Practicing daily self-care can help you set yourself up for success for the ...
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  • 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, ...
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  • What Happens to Your Health Insurance Plan After a Divorce?

    Health insurance is not always brought up during divorce proceedings; however, it should as it is a topic that will have ramifications on both you and your child’s lives. It is essential to have a good idea of your health insurance options so you can be best prepared to transition off your spouse’s health insurance plan if needed. Today, we go over what you need to know about health insurance ...
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  • Divorce Checklist: How to Prepare for Your Divorce

    Divorce can be a complicated process for anyone. You must make some difficult decisions in a short period of time. If you have children, the process can prove even more stressful as you must resolve the issue of who gets child custody. To best prepare for a divorce and ensure your rights and interests are protected, we have compiled a divorce checklist to make the entire process easier on you. ...
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  • 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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  • 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 ...
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  • Is It Possible to Oppose a Divorce?

    Figuring out your spouse wants to get divorced hurts. While your spouse may wish to file for divorce, you may disagree or be in denial about dissolving your marriage. While it is your legal right to do so, it could make life difficult for you and your spouse. Divorce is not an easy process and can become more complicated if one party decides not to participate. Ultimately, refusing to get divorced ...
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  • Can Infidelity Impact My Divorce Settlement?

    Finding out that your spouse cheated on you can be a devastating realization. If it ultimately led to your decision to move forward with a divorce, however, you are probably wondering if it will have an impact on your divorce settlement. Adultery cannot directly impact the divorce process, but it can have an indirect impact on a few different aspects of it, including property division and child ...
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  • 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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  • Common Challenges in High-Asset Divorces

    When one or both parties in a divorce are high net worth individuals, the divorce qualifies as a "high-asset" divorce. High-asset divorces come with their own unique challenges, and taking proactive measures to prepare for a high-asset divorce might help you secure a more favorable judgment from the court. 3 Common Challenges Faced in a High-Asset Divorce If you are currently embroiled in a ...
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  • 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 ...
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