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Divorce

Recent Posts in Divorce Category

  • 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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  • The Difference Between Assets & Liabilities in a Divorce

    While you may or may not be familiar with the dividing up of assets in a divorce, many people do not remember that liabilities are divided up as well. In the broadest sense, this means that not only the property you acquired during a marriage is up for litigation, but the debts as well. To learn more about the difference between assets and liabilities in a divorce, and how these two financial ...
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  • 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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  • 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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  • Divorce Mistakes You Should Avoid

    Divorce can be a messy process and, with tensions running high, mistakes can easily be made. Unfortunately, even the smallest misstep can result in costly results that you might not be able to undo. Since it is far too difficult for anyone to remain objective during this process, it is crucial to hire skilled legal representation for the sound legal advice you need to make the right decisions for ...
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  • Tips for Becoming a More Effective Co-Parent

    Co-parenting your children after a divorce can seem like an impossible challenge, especially if you endured a particularly contentious process. It is in their best interests, however, that you and your former spouse set your differences aside and focus on their needs and wellbeing. Of course, this is far easier said than done, which is why we put together a list of tips to help you navigate the ...
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  • 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. ...
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  • 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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  • When Does Alimony End in Florida?

    When a Florida couple divorces , the family court may grant that either spouse pay alimony to their husband or wife. There are four categories of alimony in Florida: 1) bridge-the-gap, 2) rehabilitative, 3) durational, and 4) permanent, or any combination of the above. The court can order a spouse to make periodic payments, a lump sum payment, or both. Much of the decision has to do with a ...
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  • 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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  • 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 ...
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  • 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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  • 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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  • 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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