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Divorce, Custody, & Family Law FAQ
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Blog
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
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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22
Dec
2020
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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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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12
Nov
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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12
Jun
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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25
May
2020
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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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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16
Apr
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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30
Mar
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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13
Mar
2020
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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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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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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29
Jan
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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14
Jan
2020
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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Law Office of Russell S. Hershkowitz, L.L.C.
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18
Nov
2019
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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Law Office of Russell S. Hershkowitz, L.L.C.
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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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20
May
2019
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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Law Office of Russell S. Hershkowitz, L.L.C.
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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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16
Apr
2019
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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Law Office of Russell S. Hershkowitz, LLC
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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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31
Dec
2018
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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Law Office of Russell S. Hershkowitz, LLC
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26
Dec
2018
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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Law Office of Russell S. Hershkowitz, LLC
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19
Nov
2018
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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Law Office of Russell S. Hershkowitz, LLC
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30
Oct
2018
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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