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Family Law

Recent Posts in Family Law 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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  • 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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  • 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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  • 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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  • Will a Joint Custody Agreement Impact Child Support Payments?

    Many people are currently raising their children in a joint custody agreement, meaning they share custody responsibilities with the other parent whom they are not in a spousal relationship with. Joint custody is one of the most used legal avenues for ensuring both proper care for the child and adequate time spent with both parents. In joint custody, both parents share all responsibilities and time ...
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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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  • Florida’s Attempt to Reform an Alimony Bill

    A bill to change Florida’s alimony system headed to the House this April. The bill would end permanent alimony payments unless both parties agreed to it. It would also create the presumption that it would be in the best interests of a child for their parents to split timesharing equally. The House debated on the bill for over an hour and then decided not to move it forward. The Components of ...
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  • How Do You Prove a Domestic Violence Case?

    If you or someone you know is in an abusive relationship, getting help and determining a safe exit strategy is crucial. If you are in immediate danger, contact 911. If you or someone you love needs help transitioning out of an abusive home, you can call a local domestic violence shelter, such as Harbor House of Central Florida . This shelter is open 24 hours a day and can help you secure a new ...
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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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  • 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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  • 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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  • 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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  • 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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  • Can Grandparents Obtain Visitation Time in FL?

    Grandparents play a significant role in their grandchildren’s lives. In many families, grandparents even contribute to raising their grandkids. Unfortunately, if the grandchild’s parents get divorced, the relationship between the grandchild and the grandparents may very well end. But in many states, grandparents may seek court-ordered visitation time in order to ensure a continued lasting and ...
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  • How to Talk to Your Fiancé About a Prenuptial Agreement

    Prenuptial agreements can be a little controversial in a relationship. It is not seen as a terribly romantic act and, in many cases, people often see it as a sign that the marriage is doomed for failure. However, prenuptial agreements can be incredibly beneficial for both parties, so if you are interested in creating one with your fiancé, we compiled some tips that will help you broach this topic ...
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  • What Can I Do to Enforce Child Support?

    Child support plays an important role in your ability to care for your children, so if your ex falls behind on these payments or simply refuses to comply with the court order, this can create some serious challenges for you. Thankfully, this is a matter that family courts treat seriously. Continue reading to learn more about how the court may compel your former spouse to pay child support. The ...
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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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  • 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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  • 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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