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Divorce

Recent Posts in Divorce Category

  • 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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  • Tips for Achieving Financial Independence After a Divorce

    The momentous change associated with getting a divorce can be overwhelming, especially if you were financially dependent on your other spouse throughout your marriage. However, your post-divorce life will demand a certain level of independence. While the notion of independently managing your own affairs can seem daunting, you will eventually begin to appreciate the value of exploring and ...
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  • 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 ...
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  • 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 ...
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  • How Are Veterans Benefits Affected by Divorce?

    Florida is considered an equitable distribution state; meaning, courts will presume an equal division of marital assets and liabilities, unless a party demonstrates some justification to deviate from such a division. Are VA Disability Benefits Marital Property? The provisions of the Uniformed Services Former Spouses’ Protection Act(10 U.S.C. §1408) excludes your Veterans Benefits Administration ...
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  • 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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  • 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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  • 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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  • Why Staying Together for the Kids is a Problem?

    Determining whether or not divorce is the best solution to the marriage issues you’re experiencing is never that simple. The truth is divorce is arguing one of the most difficult decisions you have to make in your life because you’ve invested years in building a family. But does staying together for the sake of the children do more harm than good? Unfortunately, if you decide to stick things out ...
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  • How Long Do I Have to Pay Alimony?

    When it comes to alimony, you probably have two questions: (1) how much, and (2) for how long? Unfortunately, there is no one answer. Each case is unique and so each alimony determination will be different. What is certain is that the courts will consider these factors when determining alimony: The length of the marriage The ages and health of the spouses The time and expense required for the ...
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  • Documents You Must Have Ready For Your Divorce

    A divorce is rarely ever simple, especially when you’re dealing with children, high assets, properties, businesses or retirement savings plans. While you can never really prepare for the emotional stress a divorce can bring, you can make your life easier by organizing and copying important documents. Below is a list of what you may need: Marital or separation agreements : Collect your prenuptial, ...
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