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Family Law

Recent Posts in Family Law Category

  • 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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  • 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. ...
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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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  • What You Should Know About Post-Divorce Modifications

    Life can change substantially after a divorce and the terms that were once acceptable and practical for your situation may not continue to be suitable for you or serve the best interests of your children. Family courts understand that modifications are sometimes necessary, which is why you can file a petition to modify child support, spousal support, or child custody. However, unless fraud somehow ...
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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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  • Joint Custody and School Districts – Where Will Your Child Go to School?

    School age children are required to attend an educational institution. A child’s residential district generally dictates where the child will go to school; however, if you and your partner have recently divorced and now have joint custody, you may not be sure which school district your child belongs to. If one parent has the child most of the time, the child will likely attend school in the ...
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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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  • Different Enforcement Methods for Family Law Orders

    After the court issues its final judgment or decree in a divorce or other family law matter, the parties receive a document detailing the terms of the court’s directives and orders. So, how does a piece of paper make someone pay child support or give their spouse title to a house or car? What’s to stop someone from simply refusing to follow the terms of a divorce or family law order? There are a ...
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  • Protective Factors for Supporting and Strengthening Families During Stressful Life Events

    Stressful family events can have a lasting impact on a child. Whether a family is going through economic hardship, divorce, or a death in the family, it is important to help children through stressful life events, so they have a healthy outlook of those types of situations. In recognition of National Child Abuse Prevention Month, this blog discusses several protective factors to help support and ...
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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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  • My Wedding Is Cancelled: Who Keeps the Ring?

    Despite Hollywood’s persistent message, not every happy ending involves a proposal and walk down the aisle. A trusted family law attorney will tell you a broken engagement is a better place to be than heading for divorce, and we at the Law Office of Russell S. Hershkowitz, L.L.C. understand this reasoning doesn’t make your current situation any easier. This is why we proudly serve the people of ...
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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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