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Family Law

Recent Posts in Family Law Category

  • 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?

    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 claims and ideas of the anti-vaccination movement. 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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  • What Are the Requirements for Receiving Alimony in Florida?

    When a couple gets divorced , one party may be required to pay the other party an amount of money that allows them to pay for necessary living expenses according to the lifestyle that they established during the marriage. These payments are called “ alimony ” or “spousal support.” This blog discusses what a party must demonstrate in order to qualify for receiving alimony payments. Types of Alimony ...
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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 Disability Benefits Marital Property? The provisions of the Uniformed Services Former Spouses’ Protection Act excludes your Veterans Benefits Administration (VA) disability ...
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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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  • Can I Get My Marriage Annulled?

    Annulment and divorce are not the same things. While divorce ends a valid marriage, an annulment declares the marriage void, as if the matrimonial union had never occurred in the first place. In New York, annulments are not allowed. Instead, a marriage may be declared “void” during a divorce proceeding. In essence, a void marriage has a similar effect to an annulment. The following are the ...
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  • Why Is It Necessary to Establish Paternity?

    When a child is born to married parents, the law rarely questions who the child’s father is. However, if a couple is unmarried when they have a child, the state does not recognize the father. In this situation, the state recognizes the parental rights of the birth mother only. The way you can solve this problem in California is by establishing paternity through the court system or by completing ...
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  • Why Your Prenuptial Agreement May Not Be Valid

    A prenup is a great way to protect yourself and your assets in the event of a divorce. However, they must be done correctly if you want them to be valid in Florida. Let’s take a quick look at some of the top reasons why a prenuptial agreement may be invalid. No written agreement : If a prenuptial agreement is not on paper, it cannot be enforceable. A verbal agreement would not work. Not properly ...
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  • What You Need to Know About Relocating After Divorce

    Oftentimes, many individuals feel tempted to relocate after a divorce to leave the past behind and embark on a truly fresh start somewhere new. While the concept of hitting refresh on life is undoubtedly appealing, moving out of state can cause some problems if you and your ex-spouse share minor children and are not in agreement regarding the move. Before you start packing up your belongings, ...
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  • The Benefits of an Uncontested Divorce

    Oftentimes, when couples divorce, they tend to expect a nasty battle and are prepared to fight, especially if there is an immense amount of bad blood between them. Spouses feel tempted to get back at one another for any number of wrongdoings and misdeeds which may have occurred throughout the marriage. However, despite the anger some might feel, most individuals desire a divorce that is ...
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  • Divorce Do’s and Don'ts

    It is no secret that divorce can be an emotional process. Even when the situation appears to be amicable, tempers can run high and the stress of it can put both parties over the edge and cause them to react. However, it is important to remember that your actions have consequences, so you should never act out impulsively due to your emotions or the results could cost you and impact the outcome of ...
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  • The Impact of Domestic Violence on Divorce

    Ending your marriage to an abusive spouse takes a lot of courage and strength. As you begin this process, your attorney will inform you of the impact it can have on your divorce, including child custody, spousal support, and property division. If you are the victim of domestic violence and are seeking a divorce from your spouse, it is crucial to obtain legal representation as soon as possible. ...
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  • When Is My Divorce Final?

    Many people who are in the midst of the divorce process are often so overwhelmed and emotionally spent that they cannot wait for it to all be over, even if they were resistant to the idea of getting a divorce. Even after you and your spouse work out the details of your settlement, whether in mediation or through litigation, your divorce is only official once you get a Final Judgment of Divorce. ...
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  • What is a Parenting Plan Modification?

    Life is not static, so it would be unreasonable to think that some of the decisions made during your divorce should be set in stone, including your parenting plan. As such, the courts allow parents to seek modifications to parenting plans for any number of reasons. It is generally easier to work with your ex on these matters, especially if you are on the same page and have a good co-parenting ...
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  • How to Get a Divorce in Florida

    Divorce proceedings depend on whether or not it is a contested or uncontested divorce. In an uncontested divorce, both parties agree to the terms of the divorce. In a contested divorce, each party disagrees about the terms of dissolution. Disagreements in contested divorces are often over assets like homes, automobiles, bank accounts, retirement accounts, and child custody. How Much Does it Cost ...
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  • Pros and Cons of a Prenuptial Agreement

    Many couples fear that getting a prenuptial agreement will negatively affect the trust or romance experienced in their relationship. However, a prenup can be a practical solution to help couples deal with the uncomfortable topic of discussing finances. With more than 50% of all marriages ending in divorce, it is a good idea to consider a prenuptial agreement before you get married. A prenuptial ...
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  • Benefits of Joint Child Custody

    As you are going through a divorce , who gets custody of your children is probably right at the top of your priority lists. Many parents instinctively want child custody rights all to themselves so they can spend as much time with their kids as possible. While this is certainly understandable, sole custody is probably not as beneficial as it seems on the surface. Family law courts tend to favor ...
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