When it comes to divorce, the division of assets depends on the specifics of each case as well as state law. Because Florida uses the equitable distribution method, courts distribute assets — including 401(k) accounts — in ways judges believe are equitable or fair. The following options are common ways of dealing with a 401(k) account in a divorce: Keep your 401(k) and your spouse receives other ...
Typically, when one person in a marriage seeks a divorce from the other, one of the parties ends up leaving the marital home willingly. It is common for one of the spouses to get a temporary apartment or home nearby until the divorce is completed. A strange news story out of Texas brings up interesting questions for Floridians considering divorce. A couple living in a waterfront section of Taylor ...
If you are considering divorce, there may be a number of practical concerns holding you back, including what you might do about healthcare coverage. If you have been on your spouse’s employee benefits plan, you will probably be ineligible after your divorce. That means you have to explore available alternatives, learn how much each option might cost, and make healthcare part of your marital ...
Depending on the reason dissolution is occurring, the relationship between the parties involved, and the ability of that couple to work together to reach solutions, a divorce may be either contested or uncontested. In an uncontested divorce, the parties agree that their marriage is over and also agree on the terms of the dissolution. A contested divorce happens any time one spouse wants to ...
When a couple decides to get divorced, there are usually a number of issues that factor into the final settlement. If one member of the couple has been unfaithful to his or her spouse, the court may take such actions into consideration when deciding on alimony payments. Alimony (also known as spousal support) is paid by one member of the divorcing couple to the other as a way to uphold a certain ...
The immigration process is difficult and contains many pitfalls. Incurring a criminal charge can complicate this, especially since people charged with crimes are often never informed about how a guilty plea will affect their status. The effect a criminal conviction has on a person’s legal status depends on the nature of the charge. The relevant crimes can be divided into two categories — ...
Attempts by the Florida legislature to make significant changes to the divorce process have been vetoed by Governor Rick Scott. The bill would have set standardized rules for alimony and created a presumption that children should spend equal time with each parent. As has happened after similar failed attempts in the past, legislators will now begin working to craft new divorce reform legislation ...
Florida is a no-fault divorce state. That means that someone seeking a divorce does not need to prove that their spouse cheated or did anything wrong. In order to be granted a divorce, it simply needs to be shown that the marriage is "irretrievably broken." While infidelity no longer needs to be proved to end a marriage, it can still play an important part in the divorce process because it is ...
Florida’s divorce laws could be in for some major changes if legislators get their way. The bills, if passed, would primarily focus on the areas of alimony, child support and timesharing. A series of bills sponsored by Rep. Collen Burton (R) in the House and Senators Tom Lee (R) and Kelli Stargel (R) in the Senate are currently working their way through the Florida legislature. The largest change ...
There may soon be sweeping changes in Florida’s alimony laws. State House Rules Chairman Ritch Workman recently proposed a new law that borrows elements of existing child support formulas to calculate alimony following a divorce. If passed, the bill would represent a radical departure from the current system and a complete overhaul of the state’s divorce laws. According to the proposed bill, ...
Alimony is money paid from one former spouse to the other following a divorce, typically when the receiving spouse will face financial hardships after the divorce is complete. Some believe that spousal support is necessary when one spouse has provided emotional or familial support, to the detriment of his or her career. Others argue that permanent alimony should be eliminated, and in fact some ...
Alimony is an aspect of divorce that is often subject to the fiercest fighting and can generate continuing controversy even years after the matter is supposedly settled. In many states, alimony, also known as maintenance, has become increasingly rare as laws have been adapted to reflect a modern social structure where spouses are more likely to be equal financial contributors in the marriage. ...
Divorce does not have to be a war. In fact, many people have found that by working with their spouse to end a marriage amicably, they can save time and money while significantly cutting down on stress. In recognition of this reality, the state of Florida has recently accepted the collaborative divorce process as an official alternative to the adversarial litigation process. The new law, HB 967, ...
Divorce does not have to be a fight. In fact, in many cases it is better for all parties involved if the separating spouses can settle their differences outside of a judicial setting. However, the emotional nature of divorce makes it nearly impossible for many to negotiate directly with their former spouses. Moreover, even those who want to work together may not fully appreciate all the matters ...
Florida State Sen. Tom Lee (R-Brandon) recently introduced Senate Bill 250, entitled “Family Law Reform.” If the bill is passed, it would present some significant changes to the child time-sharing statutes in the state and could set a guideline that divorced families have a 50/50 time-sharing split unless challenged. This aspect of the bill has come under criticism from various state coalitions, ...
Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse According to a federal court judge hearing their asylum case, 24 Cuban migrants who scaled the American Shoal Lighthouse, which is 6.5 miles off the coast of Key West, did not touch “dry land.” The ruling means the men who surrendered to the U.S. Coast Guard after a ...
What's the Difference Between Annulment and Divorce? An annulment is quite different from divorce; although both proceedings involve a change in marital status, annulments are legal proceedings that nullify a marriage that was never actually valid, whereas divorce terminates a valid marriage. To qualify for an annulment in Florida, a couple needs to meet certain specific requirements. While there ...
A child support order by a judge, whether created as part of a divorce or at another time, is not to be taken lightly. Those who violate support orders face a variety of possible penalties including fines and jail time. The obligation to comply with a court order to pay child support does not typically change on its own, even when your life circumstances change. If your income or expenses have ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
If you are at the beginning of the Florida divorce process, one of your greatest concerns might be about your home. Who will get it? Will either of you get to keep it? Will your children be able to keep living there? The answers to these questions depend on a variety of factors. To understand the likely outcomes, it is important to have a basic grasp of how Florida divorce law works. Property ...
When it comes to divorce, the division of assets depends on the specifics of each case as well as state law. Because Florida uses the equitable distribution method, courts distribute assets — including 401(k) accounts — in ways judges believe are equitable or fair. The following options are common ways of dealing with a 401(k) account in a divorce: Keep your 401(k) and your spouse receives other ...
A high asset divorce is one in which there are significant properties or assets between the couple in question. These assets include, but are not limited to, real estate, boats, cars, expensive jewelry, successful businesses, art collections, etc. With so much on the line, high asset divorces are often a far more challenging process than they are for those who do not have as many important or ...
Protecting Your Assets During Divorce A divorce can be a long, drawn-out process. Dividing assets and making decisions regarding joint property can take months or even years. If you held significant assets prior to marriage or have acquired significant assets during your marriage, you may wonder what options you have to protect them from being divided by the courts. A trust may be an ideal ...
Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse According to a federal court judge hearing their asylum case, 24 Cuban migrants who scaled the American Shoal Lighthouse, which is 6.5 miles off the coast of Key West, did not touch “dry land.” The ruling means the men who surrendered to the U.S. Coast Guard after a ...
So you converted that extra room in your house to a guest bedroom only to see it collect dust. Instead of waiting for your family to visit once a year, you might consider putting the room to good use by becoming a host family in the au pair program administered by the U.S. State Department and other private agencies. The au pair program allows men and women from the ages of 18 to 26 who hold ...
A Florida man suffering from dementia is battling for his right to divorce his wife of 15 years. The case has brought up serious questions about laws regarding mental capacity and intent in individuals with symptoms of cognitive decline. The couple in question was married in 2000 after seven years of dating. He is now 87 and has trouble remembering what year it is and who is president of the ...
Going through a divorce can impact almost all areas of your lifestyle, including the stability of your finances. Making sure that you stay on top of your money before, during, and after a divorce is paramount to a secure financial future. The following ideas may help you remain financially stable as you dissolve your marriage: Seek out information . A divorce is not the time to turn a blind eye to ...
It’s fairly common for parents to disagree on how and where children should be raised after a marriage ends through divorce. If you and the other parent cannot reach an agreement in regards to child custody, you may have to go to court. When this happens, the judge will weigh the most important factor in your child custody decision: the best interests of your children. Physical and mental ...
Whenever a custody dispute involves young children, the parents or court will always determine where they will live. However, as children get older, they are likely to have stronger preferences in regards to where they live. In Florida, judges may at least take these preferences into consideration when making their custody decisions. There is not any particular age at which courts must consider ...
Divorce disputes regarding time-sharing of the children can cause heavy tension between the divorcing spouses and their children. These disputes are often emotionally charged and can leave children in a helpless position, feeling as if they have no voice in their future living situation. When dealing with a spouse who is unwilling to compromise on child time-sharing issues, asking the court to ...
Nesting is a type of living arrangement some families adapt to during and after divorce. The concept of nesting is that the children remain in the family home while the parents take turns caring for and living with them. Parents maintain a separate residence outside of the home when they are not on parenting duty. This is a style of parenting that requires a great deal of parental cooperation and ...
Miley Cyrus and Liam Hemsworth are the latest celebrities in a string of Hollywood broken engagements. This raises the question — when your betrothal ends, who gets the ring? This issue is the subject of a recent Texas lawsuit where Buffalo Bills player Mario Williams sued his ex-fiancée, demanding the return of his $785,000 engagement ring. The lawsuit alleges that Erin Marzouki broke off the ...
Under Florida law, there are five different types of alimony (also known as spousal support). Judges choose the type of alimony based on what’s most fair for both parties under the circumstances of the divorce. The type of payment plan (lump sum or periodic) may also vary based on the type of alimony and the financial situation of each party. The five different types of alimony in Florida are: ...
In the years after divorce, former spouses’ circumstances may change, rendering alimony arrangements unfair or unsuitable. In Florida, it is unacceptable to terminate or modify alimony payments without the permission of a court. However, it is possible to request an alimony modification from the court. Under Florida law, a request for alimony modification may be granted when either party can ...
Miley Cyrus and Liam Hemsworth are the latest celebrities in a string of Hollywood broken engagements. This raises the question — when your betrothal ends, who gets the ring? This issue is the subject of a recent Texas lawsuit where Buffalo Bills player Mario Williams sued his ex-fiancée, demanding the return of his $785,000 engagement ring. The lawsuit alleges that Erin Marzouki broke off the ...
You have invested endless time, money and energy into your business, and now you fear that your life’s work will be taken away from you. Whether you own your business independently of, or in conjunction with, your spouse, now that you have made the difficult decision to divorce, where does your business stand? The divorce of a business owner or co-owners can lead to uncertainty and instability in ...
If you run a business, have a stake in a partnership, or simply own business interests, you may wonder how you can protect those interests or assets in a divorce. Planning ahead of time is the best way to ensure that your career and business legacy are protected in the event that something happens to your marriage. However, even if you haven’t planned ahead, you may still have options. One form of ...
Closely held businesses are among the most complicated assets to deal with during a divorce proceeding. In addition to the obvious issues of valuation — and the difficulty inherent in distributing a business in kind — special issues can arise when the formation of such a business predates the marriage. This can frequently cause parties on both sides to misunderstand the degree of interest they may ...
Birthdays and holidays can bring substantial joy to children and families. They may come with unique traditions and fun-filled parties. However, following a divorce, these celebrations may suddenly be the source of complications and hurt feelings. Even when parents share custody, they will not each be able to spend every holiday or birthday with their children. Although this comes at a ...
When thinking about marriage in the old days, most people pictured it as black and white as the plastic groom and bride statues on the top of the wedding cake. You stayed with one marriage partner “until death do us part” and so traditionally, most saw the end of the marriage through death, some spouses perhaps too young to pass. But for marriages lasting into the Golden Years, the United States ...
When two parents get divorced, the effects on their children can be significant. The stress and uncertainty kids tend to experience during the entire divorce process can turn into a level of anxiety they have never experienced before in their young lives. One of the most common results of this period of emotional turbulence is a phenomenon known as the “chameleon kid.” Simply put, a chameleon kid ...
If you are a parent, your children are undoubtedly the most important beings in your life and you are likely overwhelmed at the thought of not having your time with them cut short through an undesirable custody arrangement. To improve your chances of obtaining a better custody arrangement, there are some mistakes you should avoid. The Missteps That Can Harm Your Case Mistakes happen all the time, ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
It’s fairly common for parents to disagree on how and where children should be raised after a marriage ends through divorce. If you and the other parent cannot reach an agreement in regards to child custody, you may have to go to court. When this happens, the judge will weigh the most important factor in your child custody decision: the best interests of your children. Physical and mental ...
If you, your former spouse or your children start to feel like the custody agreement you settled on years ago is a little outdated, rest assured that there is a way to update it. In most cases, making a change to a child custody agreement can be a fairly straightforward process that includes the following: Agreement from all parties: Before a child custody agreement can be updated, both parents ...
Florida has taken in 3,181 unaccompanied immigrant children as of July 7, according to a recently released federal report. Only Texas and New York have seen larger numbers of young immigrants, most of whom are coming from El Salvador, Guatemala and Honduras. The U.S. Health and Human Services Department’s Administration for Children and Families, which released the data, says that more than 57,000 ...
During his election campaign, Donald Trump circulated many contradictory statements and promises about how he would build a border wall to “end the humanitarian and national security” crisis at the U.S.-Mexico border. However, both Congress and Mexico refused to fund his $5.7 billion border wall, prompting the president to order the longest government shutdown in American history. A Temporary ...
The short answer is that child support can be modified in Florida. However, a modification is not guaranteed, and depends on the individual circumstances of each parent and child. After all, the purpose of child support is to provide for a child’s basic needs by guaranteeing that he or she lives in an environment in which their needs are adequately met. Child support payments are meant to provide ...
Alimony, also known as spousal support, is a tool used by judges during and after a divorce to help create a fair financial situation for both parties. In marriages, one spouse may do most or all of the housework and child-rearing while the other earns most or all of the income. This can lead to strange results when finances are suddenly divided. In many cases, alimony will be awarded after the ...
The short answer is that child support can be modified in Florida. However, a modification is not guaranteed, and depends on the individual circumstances of each parent and child. After all, the purpose of child support is to provide for a child’s basic needs by guaranteeing that he or she lives in an environment in which their needs are adequately met. Child support payments are meant to provide ...
International travel continues to become easier and more common than in years past, and it can be an enriching experience to share with children. However, it’s important to exercise caution when two parents are divorced and one of them wants to take their children across U.S. borders. Usually, the risks are minimal when a former spouse travels internationally with a child, but in more contentious ...
As part of a divorce, two parents will enter into an agreement regarding child custody and support. A child support agreement outlines exactly what each parent is expected to provide and typically requires the noncustodial parent to make payments to the custodial parent for the support of their kids. This child support is paid to the custodial parent of the children, but it is for the children and ...
U.S. marshals arrested a 45-year-old Florida resident who was tens of thousands of dollars behind on child support payments. The Safety Harbor resident was arrested on January 23, 2015, and was charged with several crimes, including failure to pay up to $120,000 in back due child support payments. The mother of his child reportedly now lives in Maine and has been seeking payments from the man for ...
If you’ve received a formal request (known as a petition) for child support, it’s important to respond promptly and appropriately. You must follow the instructions on the petition and will most likely need to appear in court on a certain date for a hearing. At your hearing, the judge will determine how much child support you need to pay based on analyzing both parents’ incomes, the amount of time ...
The Florida Department of Revenue plays a critical role for many people who make or receive child support payments each month. Instead of unofficial payments made between parents, which can be difficult to track and keep records of, the state acts as a middleman. This process, however, leaves the state open to fraud. To facilitate and standardize the child support process, the paying parent can ...
Whenever a custody dispute involves young children, the parents or court will always determine where they will live. However, as children get older, they are likely to have stronger preferences in regards to where they live. In Florida, judges may at least take these preferences into consideration when making their custody decisions. There is not any particular age at which courts must consider ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
Florida is home to hundreds of thousands of grandparents, but if you’re attempting to secure visitation rights with your grandchildren, it can be an uphill battle in our state. For years Florida law allowed for grandparents’ visitation rights, but a series of court rulings, in the name of expanding the right to personal privacy, have found the old law unconstitutional. Additionally, while the ...
Divorce brings emotional challenges for even the most mature adults. For the children unavoidably caught in the middle, it can be tremendously difficult. Parents frequently struggle with presenting the realities of divorce to children of any age. Being open and honest with children about divorce is the healthiest way to confront the tough situation. Psychologists continue to study the effects of ...
If you are considering divorce, there may be a number of practical concerns holding you back, including what you might do about healthcare coverage. If you have been on your spouse’s employee benefits plan, you will probably be ineligible after your divorce. That means you have to explore available alternatives, learn how much each option might cost, and make healthcare part of your marital ...
A 2011 University of Michigan National Poverty Center study, Divorce and Women’s Risk of Health Insurance Loss in the U.S. , concluded that approximately 115,000 women lost their insurance each year following divorce. Some of these women worked full time in the home or held only part-time jobs in order to focus on raising their children. Sadly, under the previous system, private insurers charged ...
If you are receiving alimony and are living with your boyfriend or girlfriend, you might want to think again. Cohabitation can be grounds for terminating alimony under Florida law. In Florida, when an alimony recipient resides with another person to whom the recipient is not related and there is evidence of a supportive relationship , alimony can be terminated. To determine whether there is a ...
Divorce does not have to be a war. In fact, many people have found that by working with their spouse to end a marriage amicably, they can save time and money while significantly cutting down on stress. In recognition of this reality, the state of Florida has recently accepted the collaborative divorce process as an official alternative to the adversarial litigation process. The new law, HB 967, ...
Like most other court cases, divorces are designed to be an adversarial process. That means that you and your spouse can argue each aspect of the case in a courtroom with the assistance of attorneys and expert witnesses. If the parties can’t agree on anything, they can spend months or years litigating, and fighting, their case. But what happens when the parties aren’t concerned with “winning” and ...
Divorce often involves emotionally charged, frustrating proceedings that lead to outcomes that one or both parties may find unsatisfactory. In Florida, it is possible to maintain control over a divorce settlement through a civil, transparent and private process. Through collaborative divorce , Florida couples may reach a divorce settlement without going to court — the parties and their attorneys ...
In the fall, many young adults are heading off to college. If you and your spouse have been saving for years for this event, you may wonder what will happen to the college savings plans if you divorce. Can your spouse or ex-spouse cash out all of the money, leaving your child with nothing for college? There are two types of college savings plans: Prepaid tuition plans set up to allow an individual ...
Back in the old days, when two people lived together for a long time and acted as though they were a couple, the law recognized them as married. However, over the years many states have passed laws that define marriage as a legal contract between two people that must be signed by both parties to be recognized. A common law marriage is one in which the parties have lived together for many years, ...
The divorce process is often an emotionally challenging time for both spouses. Why do so many couples choose to go through a grueling divorce process rather than try to “save” the marriage? When a marriage comes to an end, spouses may feel anger, sadness, or loss. However, a divorce can also bring about some feelings of relief. The end of a marriage may open new doors for spouses who felt trapped ...
Depending on the reason dissolution is occurring, the relationship between the parties involved, and the ability of that couple to work together to reach solutions, a divorce may be either contested or uncontested. In an uncontested divorce, the parties agree that their marriage is over and also agree on the terms of the dissolution. A contested divorce happens any time one spouse wants to ...
In Florida, the legal term for divorce is “Dissolution of Marriage.” When beginning the divorce or dissolution of marriage process, many people wonder how long it will take to finalize the divorce. The time it takes to get a Final Judgment of Dissolution of Marriage varies based on the circumstances. There are, however, some general timeframes you can expect in certain situations. Florida courts ...
When to Get a Divorce: Questions to Ask Yourself Before You Meet with a Lawyer If you are unhappy in your marriage, getting a divorce won't always improve your situation. Before you consider this life-altering event, you should ask yourself the following questions: Have you done everything possible to save your marriage? This includes individual and couples counseling, communicating with your ...
Divorce is often a stressful and emotional time. Although many people may wish to sever contact permanently with their former partner, this is typically not an option when there are children involved. No matter what, divorced parents are always united through their kids and the responsibilities they owe to them. This can be a challenging situation, and it’s often taxing to parents who no longer ...
Traditionally, the division of property during a divorce has mostly been focused on what to do with the family home, investments, furniture and vehicles. Today, with so many Americans owing substantial amounts on their credit cards, the divorce process often includes the division of debts. Certain types of credit card debt belong to only one spouse and therefore aren’t affected by the divorce. ...
The recent influx of young migrants to Florida and other states, particularly those with large Mexican and Central American communities, has ignited considerable debate about how the U.S. handles its immigrant populations. The desire to bring immigrants into the full range of systems in the country, among them the legal, health care, work and school systems, has served to highlight the possible ...
U.S. Immigration and Customs Enforcement (ICE) recently announced 17 Basic Ordering Agreements (BOA) with various sheriffs across Florida. The new partnership intends to prevent the release of criminal aliens back into the community. Under the Trump Administration, ICE has made enhancing public safety a high priority. Efforts to arrest and remove criminal aliens from the United States have been ...
The immigration process is difficult and contains many pitfalls. Incurring a criminal charge can complicate this, especially since people charged with crimes are often never informed about how a guilty plea will affect their status. The effect a criminal conviction has on a person’s legal status depends on the nature of the charge. The relevant crimes can be divided into two categories — ...
With nearly two-dozen viable candidates for president seeking to distinguish themselves among voters, immigration has become even more of a hot-button issue over the past several months. Former Florida Gov. Jeb Bush, in contrast to most other Republicans in the race, has criticized many of his fellow candidates for their stances on immigration, while putting forth his own pathway to legal status ...
Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse Judge Rules Against Cuban Migrants Who Climbed Offshore Lighthouse According to a federal court judge hearing their asylum case, 24 Cuban migrants who scaled the American Shoal Lighthouse, which is 6.5 miles off the coast of Key West, did not touch “dry land.” The ruling means the men who surrendered to the U.S. Coast Guard after a ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
When going through a divorce, a couple with children needs to establish a timesharing agreement, to which they both must adhere as they move forward with their lives. However, if one or both of these individuals decides to later get remarried, it’s important to understand the effects the action might have on the timesharing custody agreement. If one parent was not granted full or partial ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
Whenever a custody dispute involves young children, the parents or court will always determine where they will live. However, as children get older, they are likely to have stronger preferences in regards to where they live. In Florida, judges may at least take these preferences into consideration when making their custody decisions. There is not any particular age at which courts must consider ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
Whenever a custody dispute involves young children, the parents or court will always determine where they will live. However, as children get older, they are likely to have stronger preferences in regards to where they live. In Florida, judges may at least take these preferences into consideration when making their custody decisions. There is not any particular age at which courts must consider ...
Nowadays, it is nearly impossible to avoid social media as a part of our daily life. This is because we are so used to documenting every detail through status updates and photographs--it has practically become second nature. Even if we feel we are particularly careful about our posts, this doesn’t mean the other party in a divorce or custody case can take the most innocent post possible and turn ...
When you and your former partner decided to part ways, it’s likely that part of your divorce agreement included a plan for co-parenting your children. Although your child custody plan may have worked immediately after your divorce, over time children grow and family dynamics change. As time passes, it’s important to reflect on your custody agreement and ensure it’s still working for everyone ...
A Florida man suffering from dementia is battling for his right to divorce his wife of 15 years. The case has brought up serious questions about laws regarding mental capacity and intent in individuals with symptoms of cognitive decline. The couple in question was married in 2000 after seven years of dating. He is now 87 and has trouble remembering what year it is and who is president of the ...
U.S. Immigration and Customs Enforcement (ICE) agents are at your door. They may be searching for you, someone you live with, a coworker, or they may have the wrong place. Regardless of the situation, it’s important that you are aware of your rights. This is what you need to know before a visit from ICE: If agents knock on the door, keep it closed and ask them what they are there for. If you open ...
Blog: As part of Donald Trump’s presidential campaign, which centered on “Mak[ing] America Great Again,” there were numerous promises to keep unwelcome visitors at the borders, and to push undocumented residents across them again. While the Trump Administration’s controversial travel ban has been blocked by a federal court for now, the plan to remove undocumented immigrants seems to be moving ...
The recent influx of young migrants to Florida and other states, particularly those with large Mexican and Central American communities, has ignited considerable debate about how the U.S. handles its immigrant populations. The desire to bring immigrants into the full range of systems in the country, among them the legal, health care, work and school systems, has served to highlight the possible ...
U.S. Immigration and Customs Enforcement (ICE) agents are at your door. They may be searching for you, someone you live with, a coworker, or they may have the wrong place. Regardless of the situation, it’s important that you are aware of your rights. This is what you need to know before a visit from ICE: If agents knock on the door, keep it closed and ask them what they are there for. If you open ...
Blog: As part of Donald Trump’s presidential campaign, which centered on “Mak[ing] America Great Again,” there were numerous promises to keep unwelcome visitors at the borders, and to push undocumented residents across them again. While the Trump Administration’s controversial travel ban has been blocked by a federal court for now, the plan to remove undocumented immigrants seems to be moving ...
Non-citizens in the United States may face removal for a number of reasons, including criminal conviction, unlawful entry, prohibited employment activity, or diagnosis of certain diseases. If you fear that you are in danger of being deported, there may be legal relief available to you. Examples of ways to avoid removal include: Waiver. Under the Immigration and Nationality Act, if you have been ...
When Anna Nicole Smith gave birth to Dannielynn Hope, the model’s companion Howard K. Stern was listed as father on the birth certificate. Ms. Smith’s former boyfriend Larry Birkhead insisted that he was Dannielynn’s biological father, as did another former love interest, Prince Frederic Von Anhalt. Thus began a contentious and much publicized paternity lawsuit. Ms. Smith’s tragic death four ...
No marriage is immune to stress, but sometimes when couples move to another country to live, they find that those issues are exacerbated. So-called expatriates, or expats, may find it increasingly difficult to keep their marriages intact, especially when they cannot rely on their usual systems of support. In fact, research on expat marriages indicates that the wives and husbands of expat workers ...
When Gov. Rick Scott vetoed a bill that would have amended Florida alimony and timesharing laws, his stated objection was that the new law would have put “the wants of a parent before the child’s best interest.” State laws throughout the nation hold that the preeminent consideration in a timesharing order must be the best interests of the child. For disabled parents, proving that an order giving ...
In Florida, the legal term for divorce is “Dissolution of Marriage.” When beginning the divorce or dissolution of marriage process, many people wonder how long it will take to finalize the divorce. The time it takes to get a Final Judgment of Dissolution of Marriage varies based on the circumstances. There are, however, some general timeframes you can expect in certain situations. Florida courts ...
Although many states recognize separation as a legal status, Florida does not. This means there is no complete system of modified marital obligations for separated spouses, which can leave such couples in confusion about who should do what. However, there is legal guidance for couples during the divorce — or dissolution, as it is referred to in Florida — to clarify each spouse’s marital ...
Like most other court cases, divorces are designed to be an adversarial process. That means that you and your spouse can argue each aspect of the case in a courtroom with the assistance of attorneys and expert witnesses. If the parties can’t agree on anything, they can spend months or years litigating, and fighting, their case. But what happens when the parties aren’t concerned with “winning” and ...
When it comes to saying “I do,” conventional wisdom and trends documented over the years have suggested that fewer people are getting married and remaining in those marriages over time. However, according to a recent report from the Florida Department of Health, people across the state are bucking that trend by getting married with greater frequency and keeping those marriages intact through the ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Property division can be one of the most challenging and time-consuming aspects of a divorce. The process can become even more muddled, therefore, if one or both partners in a divorce is a high net worth individual. Why high net-worth individuals often have a harder time divorcing is equitable division. During property division, the couple’s marital assets will be divided equitably between them. ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Property division can be one of the most challenging and time-consuming aspects of a divorce. The process can become even more muddled, therefore, if one or both partners in a divorce is a high net worth individual. Why high net-worth individuals often have a harder time divorcing is equitable division. During property division, the couple’s marital assets will be divided equitably between them. ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Property division can be one of the most challenging and time-consuming aspects of a divorce. The process can become even more muddled, therefore, if one or both partners in a divorce is a high net worth individual. Why high net-worth individuals often have a harder time divorcing is equitable division. During property division, the couple’s marital assets will be divided equitably between them. ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
If you spent some time talking to your friends and family about your divorce, you probably received a lot of interesting advice at this point, some of which might be wholly based on myths. Although their intentions are probably in the right place, divorce myths are so prevalent in our society that many people often cannot discern the difference between truth and myth, which means all the heartfelt ...
Cheating is, unfortunately, somewhat common in many marriages. According to the Journal of Marital and Family Therapy, 14% of women had an affair at least once throughout their marriage and 22% of men had an affair during their marriage. Although cheating can undoubtedly create problems and ultimately lead to the end of a marriage, it will not result in one spouse getting a better divorce ...
Ending a marriage is an emotional process that can evoke feelings of anger, depression, fear, disappointment, excitement, and everything else in between. With so much going on in your life, it can be a challenge to focus on the day-to-day demands of your job. However, the world keeps turning even during a divorce, so it is crucial to stay on task at work. To make this situation easier, our team ...
When two people no longer want to remain married, there are a number of issues which must be agreed upon before the divorce can be finalized. This is the part of the process most people dread, for it is notorious for being a difficult, expensive, and lengthy experience. However, not all divorces need to be a battle between two people determined to hurt each other. When both parties agree on a ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
If only getting a divorce were as simple as just parting ways with your spouse. A number of tough issues must be addressed in a divorce, including how to divide your assets, debts and the custody of your children. In an ideal world, the divorce court would resolve these issues to the satisfaction of both parties, but, unfortunately, this is not always the case. If you believe the court’s final ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Divorce isn’t easy, but it gets far more difficult and complicated when there are children involved. Divorcing parents have the additional concern of worrying about how their decision will affect their children. Depending on your child’s age, there are unique concerns you may be facing as a result of ending your marriage. No matter the situation, you must constantly soothe and encourage your child ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Divorce is an overwhelming roller coaster of emotions that can often play a part in clouding one’s judgment or ability to properly respond to certain situations. Unfortunately, many of the mistakes made in a divorce can have serious ramifications, so it is crucial to be more aware of what you should and should not do throughout the process. To help field the difficulties of your divorce, here is a ...
When two people no longer want to remain married, there are a number of issues which must be agreed upon before the divorce can be finalized. This is the part of the process most people dread, for it is notorious for being a difficult, expensive, and lengthy experience. However, not all divorces need to be a battle between two people determined to hurt each other. When both parties agree on a ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
Dividing marital property is another part of divorce that is complex and exhausting, but it mustn’t be ignored. Formulating a game plan for how you and your spouse will divide up your assets will ensure that you get everything you are entitled to, whether it’s a car, house, collectibles, or art. Here are some general property division tips and tricks you should follow: Brush up on your state’s ...
Getting divorced is not only an emotional experience, but a financially difficult one as well, particularly if you do not have proper representation on your side to help you wade through the complexities of protecting your retirement assets. You might not be thinking about retirement now, but the last thing you want is for your past to haunt you when the time comes. As such, it is crucial to divvy ...
Divorce is an overwhelming roller coaster of emotions that can often play a part in clouding one’s judgment or ability to properly respond to certain situations. Unfortunately, many of the mistakes made in a divorce can have serious ramifications, so it is crucial to be more aware of what you should and should not do throughout the process. To help field the difficulties of your divorce, here is a ...
When it’s time for you and your spouse to part ways, it can be difficult for all involved to accept. This can be frustrating, particularly if your spouse is the one who doesn’t want to end the relationship and is doing everything possible to prevent the divorce from happening or make your life difficult. However, if your spouse refuses to sign papers, this doesn’t mean you are forced to stay ...
When it’s time for you and your spouse to part ways, it can be difficult for all involved to accept. This can be frustrating, particularly if your spouse is the one who doesn’t want to end the relationship and is doing everything possible to prevent the divorce from happening or make your life difficult. However, if your spouse refuses to sign papers, this doesn’t mean you are forced to stay ...
If only getting a divorce were as simple as just parting ways with your spouse. A number of tough issues must be addressed in a divorce, including how to divide your assets, debts and the custody of your children. In an ideal world, the divorce court would resolve these issues to the satisfaction of both parties, but, unfortunately, this is not always the case. If you believe the court’s final ...
When two people no longer want to remain married, there are a number of issues which must be agreed upon before the divorce can be finalized. This is the part of the process most people dread, for it is notorious for being a difficult, expensive, and lengthy experience. However, not all divorces need to be a battle between two people determined to hurt each other. When both parties agree on a ...
When it’s time for you and your spouse to part ways, it can be difficult for all involved to accept. This can be frustrating, particularly if your spouse is the one who doesn’t want to end the relationship and is doing everything possible to prevent the divorce from happening or make your life difficult. However, if your spouse refuses to sign papers, this doesn’t mean you are forced to stay ...
Remaining friends after divorce is incredibly difficult to do for a number of reasons. Whether you and your ex-spouse were incredibly contentious during your marriage, or you are still harboring romantic feelings of longing and regret in regards to losing the relationship, staying friends can seem like an impossible task. If we face the facts, we understand divorce happens for a reason--you and ...
When it’s time for you and your spouse to part ways, it can be difficult for all involved to accept. This can be frustrating, particularly if your spouse is the one who doesn’t want to end the relationship and is doing everything possible to prevent the divorce from happening or make your life difficult. However, if your spouse refuses to sign papers, this doesn’t mean you are forced to stay ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
People will tell you one of the hardest things in the world is marriage. Others will say it’s one of the easiest. However, one of the things that can contribute to the dissolution of marriage is arguments. For example, if people continuously argue with their spouses about finances, their marriages could be put in jeopardy. This statistic is unsurprising given people are now living longer and ...
When it’s time for you and your spouse to part ways, it can be difficult for all involved to accept. This can be frustrating, particularly if your spouse is the one who doesn’t want to end the relationship and is doing everything possible to prevent the divorce from happening or make your life difficult. However, if your spouse refuses to sign papers, this doesn’t mean you are forced to stay ...
When it comes to saying “I do,” conventional wisdom and trends documented over the years have suggested that fewer people are getting married and remaining in those marriages over time. However, according to a recent report from the Florida Department of Health, people across the state are bucking that trend by getting married with greater frequency and keeping those marriages intact through the ...
Bird Nesting: Giving Children Custody of Your Marital Home Divorcing parents have always faced the same conundrum: what to do in regards to their custody agreement. Children are often the biggest victims of divorce, as they are unwittingly thrust into a situation which leaves them forced to choose between which parent they side with--or worse, be shuffled back and forth between both parents, ...
Attempts by the Florida legislature to make significant changes to the divorce process have been vetoed by Governor Rick Scott. The bill would have set standardized rules for alimony and created a presumption that children should spend equal time with each parent. As has happened after similar failed attempts in the past, legislators will now begin working to craft new divorce reform legislation ...
Remaining friends after divorce is incredibly difficult to do for a number of reasons. Whether you and your ex-spouse were incredibly contentious during your marriage, or you are still harboring romantic feelings of longing and regret in regards to losing the relationship, staying friends can seem like an impossible task. If we face the facts, we understand divorce happens for a reason--you and ...
Divorce isn’t easy, but it gets far more difficult and complicated when there are children involved. Divorcing parents have the additional concern of worrying about how their decision will affect their children. Depending on your child’s age, there are unique concerns you may be facing as a result of ending your marriage. No matter the situation, you must constantly soothe and encourage your child ...
Bird Nesting: Giving Children Custody of Your Marital Home Divorcing parents have always faced the same conundrum: what to do in regards to their custody agreement. Children are often the biggest victims of divorce, as they are unwittingly thrust into a situation which leaves them forced to choose between which parent they side with--or worse, be shuffled back and forth between both parents, ...
It has never been easier for same-sex couples to marry than it is today, but what about divorce? Oddly, it may not be as easy to untie the knot as it is to tie it. A recent Supreme Court decision, United States v. Windsor, held that the federal Defense of Marriage Act’s (DOMA) definition of marriage as “a union between one man and one woman as husband and wife” was unconstitutional. This decision ...
When it comes to determining child custody matters in Florida, emotions often run hot. It’s fairly common to see custody battles in court stretch on for long periods of time — even months or years. This can be nerve-wracking for parents who may fear that any mistakes might jeopardize their right to custody. Although judges look closely into the fitness of both parents, they generally recognize ...
The divorce process is often an emotionally challenging time for both spouses. Why do so many couples choose to go through a grueling divorce process rather than try to “save” the marriage? When a marriage comes to an end, spouses may feel anger, sadness, or loss. However, a divorce can also bring about some feelings of relief. The end of a marriage may open new doors for spouses who felt trapped ...
If you or your children are victims of domestic abuse, taking action to protect yourself and your family can be very difficult. With your physical safety or that of a member of your household at risk, fear of harm may be stopping you from getting help. When you are ready to take the first step, there are many legal devices available to protect you and your family. To ensure your protection, there ...
When it comes to determining child custody matters in Florida, emotions often run hot. It’s fairly common to see custody battles in court stretch on for long periods of time — even months or years. This can be nerve-wracking for parents who may fear that any mistakes might jeopardize their right to custody. Although judges look closely into the fitness of both parents, they generally recognize ...
The life of a famous television actress brings to mind elegant turns on the red carpet and a privileged, jet-set lifestyle. But Kelly Rutherford, of Gossip Girl fame, lived every parent’s nightmare when a family court judge ordered her two minor children to live full-time in France, since their father was expelled from the United States. The ruling in Rutherford’s case may seem rare, but too many ...
Florida is a no-fault state for divorce, so a petitioner need not cite any type of marital misconduct when requesting a dissolution of marriage. But if a party alleges domestic violence, the court may consider the charges when ruling on various aspects of the divorce, including: Timesharing and parenting time — A court could find that a parent with a history of domestic violence is unfit to be a ...
Receiving the long-awaited approval of a petition for a non-immigrant or immigrant visa is not the end of the immigration process. Rather, it is the start of the follow-up process of applying for the visa - before foreign national applicants can actually travel to the United States, they need to get their visa. In fact, the consular officer who reviews the visa application at the United States ...
Under Florida law, there are five different types of alimony (also known as spousal support). Judges choose the type of alimony based on what’s most fair for both parties under the circumstances of the divorce. The type of payment plan (lump sum or periodic) may also vary based on the type of alimony and the financial situation of each party. The five different types of alimony in Florida are: ...
A Florida soccer team has adopted an unusual strategy to raise money for its new stadium that at the same time is helping foreign investors to obtain green cards. In its quest to build a new stadium in Parramore, the Orlando City SC is taking advantage of the Employment-Based Immigration Investor Program, better known as EB-5. Under this program, foreign nationals who invest $500,000 or more in a ...
Although divorce may take its emotional toll on the adults involved, it can also be incredibly difficult for any children you have together. Parents can help navigate the aftermath of a divorce more easily when they understand its effects on children and make concerted efforts to help their kids through the process. Among the key strategies a parent should consider employing are the following: ...
Although divorce may take its emotional toll on the adults involved, it can also be incredibly difficult for any children you have together. Parents can help navigate the aftermath of a divorce more easily when they understand its effects on children and make concerted efforts to help their kids through the process. Among the key strategies a parent should consider employing are the following: ...
Most people expect to provide support for their children after a divorce or when they decide to separate their households. But when children want to be involved in extracurricular activities like music lessons or sports, the expenses can add up. In these situations, who is responsible for paying for what might be considered non-necessities? The amount paid for child support is calculated based on ...
Property division can be one of the most challenging and time-consuming aspects of a divorce. The process can become even more muddled, therefore, if one or both partners in a divorce is a high net worth individual. Why high net-worth individuals often have a harder time divorcing is equitable division. During property division, the couple’s marital assets will be divided equitably between them. ...
When a couple seeks a divorce in Florida, their assets and debts are divided according to the principles ofequitable distribution. That means each spouse keeps their separate property, and marital property is divided in a manner the court considers fair, but not necessarily equally. So, you should have the right to keep all of your separate property: these consist of the assets you acquired before ...
Reality TV personality Bethenny Frankel and her “separation” from her husband wasn’t so separate. The two continued to share the same four-bedroom New York City apartment five months into their bitter divorce. Frankel’s awkward situation shows that all kinds of couples going through a divorce can have trouble dealing with the former marital home. The first thing to consider when deciding to stay ...
Once you’ve received your divorce decree, there are still a few steps you need to take before you can truly put your divorce behind you. First, you’ll want to actually read the divorce decree several times, and as thoroughly as possible. It’s important for you to have a complete understanding of everything it contains. Mark down all of the obligations listed for both you and your former partner. ...
Treaty Trader (E-1) and Treaty Investor (E-2) visas are available only to citizens of countries that have commerce and navigation treaties with the United States. While there are quite a few treaty countries on this list, this visa is not available to those from China or India. While requirements for the two visas are similar, there are some key differences: an E-1 visa is for an employee of a ...
No marriage is immune to stress, but sometimes when couples move to another country to live, they find that those issues are exacerbated. So-called expatriates, or expats, may find it increasingly difficult to keep their marriages intact, especially when they cannot rely on their usual systems of support. In fact, research on expat marriages indicates that the wives and husbands of expat workers ...
Sharing the Various Parenting Expenses After Divorce When two people get divorced and they have children together, it can be a major challenge to determine who should pay for the various expenses associated with raising kids. So how does a couple that has parted ways continue to split expenses in a fair and equitable manner when priorities and finances change? Compromise is likely to be the name ...
According to a recent report, Florida is among the most expensive states in which to obtain a divorce. The filing fee of $409 is the highest in the nation. Coupled with a 200-day minimum wait time before processing, the total cost isn’t just money, but also time and peace of mind. These costs don’t appear to act as a deterrent, however, as our state’s divorce rate is the seventh highest in the ...
The rich and famous will probably always be in the news for one reason or another. However, one thing they never want to be in the news for is an expensive divorce. An Oklahoma divorce going on since May 2012 is being dubbed by some as the world’s most expensive divorce. Oilman Harold Hamm, one of the top 100 richest men in the world, and his wife of 25 years, Sue Ann, are getting divorced. There ...
Most people expect to provide support for their children after a divorce or when they decide to separate their households. But when children want to be involved in extracurricular activities like music lessons or sports, the expenses can add up. In these situations, who is responsible for paying for what might be considered non-necessities? The amount paid for child support is calculated based on ...
In today’s ever-connected world, we are putting more personal information about ourselves out there than ever before. Whether it’s through Facebook statuses, Instagram photos, “check ins” at our hangout spots or Snapchat story updates, we have become obsessed with sharing even the more mundane details of our lives with our friends. During a divorce, however, this tendency can potentially hurt you, ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
Getting a divorce can be a lengthy and emotionally draining process, especially when there are children involved. It’s important to make sure your kids have the financial support they need not only in the long term, but also while you and your former partner go through the divorce process. One way to do this is to obtain a temporary child support order. Temporary support orders provide the ...
When going through a divorce, a couple with children needs to establish a timesharing agreement, to which they both must adhere as they move forward with their lives. However, if one or both of these individuals decides to later get remarried, it’s important to understand the effects the action might have on the timesharing custody agreement. If one parent was not granted full or partial ...
Going through a divorce can impact almost all areas of your lifestyle, including the stability of your finances. Making sure that you stay on top of your money before, during, and after a divorce is paramount to a secure financial future. The following ideas may help you remain financially stable as you dissolve your marriage: Seek out information . A divorce is not the time to turn a blind eye to ...
Sharing the Various Parenting Expenses After Divorce When two people get divorced and they have children together, it can be a major challenge to determine who should pay for the various expenses associated with raising kids. So how does a couple that has parted ways continue to split expenses in a fair and equitable manner when priorities and finances change? Compromise is likely to be the name ...
International travel continues to become easier and more common than in years past, and it can be an enriching experience to share with children. However, it’s important to exercise caution when two parents are divorced and one of them wants to take their children across U.S. borders. Usually, the risks are minimal when a former spouse travels internationally with a child, but in more contentious ...
Florida State Sen. Tom Lee (R-Brandon) recently introduced Senate Bill 250, entitled “Family Law Reform.” If the bill is passed, it would present some significant changes to the child time-sharing statutes in the state and could set a guideline that divorced families have a 50/50 time-sharing split unless challenged. This aspect of the bill has come under criticism from various state coalitions, ...
In 2008, Florida’s family laws changed the face of custody. Common terminology turned from child custody and visitation to timesharing and parenting plans. Additionally, the Court no longer awards primary custody to one parent or the other. Instead, the Court awards timesharing to both parents, which are then broken down into a percentage of overnights per parent. Parenting plans delineate: Where ...
Family law is a focused practice area that demands particular attention to statutes and to morals and the human condition. Attorneys who practice family law are more often and called upon to act beyond their role as legal advisors — they frequently serve as advocates, confidants, life counselors. Due to the nature of divorce and family law cases, family law practitioners gain more than just ...
Take Your Time When Searching for a Family Lawyer Many individuals who are faced with the prospect of divorce simply want to get the process over with quickly. It can be tempting to file for divorce yourself or pick the first family lawyer you can find on the Internet to handle your divorce case. A do-it-yourself divorce rarely works as a lasting solution, so it is wise to seek a seasoned divorce ...
Recently, federal legislation was introduced that would create a national putative father’s registry to address the parental rights of unmarried men. The bill is called the Protecting Responsible Fatherhood and Promoting Adoption Act of 2012 and it would create a registry known as the “National Responsible Father Registry.” The parental rights of unmarried men are often in a precarious position ...
These days, men and women are waiting longer to get married and cohabitation is on the rise. This trend also brings about a rise in the number of children being born to unmarried parents. These couples often break up, just as married couples do, and then questions arise as to the parental rights and responsibilities of each parent towards the children. How will time-sharing work, and who will have ...
Recently, federal legislation was introduced that would create a national putative father’s registry to address the parental rights of unmarried men. The bill is called the Protecting Responsible Fatherhood and Promoting Adoption Act of 2012 and it would create a registry known as the “National Responsible Father Registry.” The parental rights of unmarried men are often in a precarious position ...
A father in New Jersey who recently lost custody of his children appeared in court in a Nazi uniform in an attempt to obtain visitation rights with his two-year-old son. The man claims that his son was taken by the state when he was only 16 hours old and he lost custody of his other three children because he gave them Nazi-inspired names. The state contends that there was previous violence in the ...
There are a number of ways to obtain a U.S. visa, including a fiancé or spouse visa. However, while an American citizen or permanent resident who is married or engaged to a citizen of another country might be able to legally relocate his or her spouse or fiancé to U.S., this is not an automatic right. Many misunderstand this law, believing that marriage or engagement opens to the gates for their ...
Your divorce came and went and you’ve just obtained the final judgment dissolving your marriage. You think that everything is wrapped up and finished, right? Well, almost. Even after your divorce final judgment is entered, there are still a few odds and ends that need to be finalized so that you may start your life anew separate from your ex-spouse. Here is a checklist of items to take care of: ...
Going through a divorce can impact almost all areas of your lifestyle, including the stability of your finances. Making sure that you stay on top of your money before, during, and after a divorce is paramount to a secure financial future. The following ideas may help you remain financially stable as you dissolve your marriage: Seek out information . A divorce is not the time to turn a blind eye to ...
Property division in divorce can be incredibly complicated. If you’re getting a divorce, you might be worried about what will happen to your inheritance. Does it have to be divided during equitable division or can you keep it? While Florida does divide property equitably, it only does so with marital assets. Marital assets and liabilities are property and debts that the couple acquired together ...
Divorce can be a challenging and overwhelming time. It may seem as if you are called upon almost daily to make decisions that you feel unprepared to make. While that is a completely normal feeling, it is important to take some key steps that can help secure your new financial future. Here’s a look at five steps to take to get you back on track: Check your credit report. During a divorce, your ...
When getting a divorce, many people express regret at mistakes they may have made in the past. It is important not to make any other typical mistakes in your settlement as well. Mistakes in divorce settlements can be very costly and add financial stress to your already complex life. It is important to have an experienced and knowledgeable advisor help guide you through this process. Here are some ...
Getting a divorce can be a lengthy and emotionally draining process, especially when there are children involved. It’s important to make sure your kids have the financial support they need not only in the long term, but also while you and your former partner go through the divorce process. One way to do this is to obtain a temporary child support order. Temporary support orders provide the ...
Whether or not you were the one who decided to move forward with a divorce, it is important to work with a family law attorney you can trust. Your lawyer represents your interests throughout every step of your divorce, and can play a critical role in the results of your settlement. If you’re scouting the right lawyer for your divorce, consider the following: Schedule an initial discussion: You ...
Alimony, also known as spousal support, is a tool used by judges during and after a divorce to help create a fair financial situation for both parties. In marriages, one spouse may do most or all of the housework and child-rearing while the other earns most or all of the income. This can lead to strange results when finances are suddenly divided. In many cases, alimony will be awarded after the ...
U.S. Immigration and Customs Enforcement (ICE) recently announced 17 Basic Ordering Agreements (BOA) with various sheriffs across Florida. The new partnership intends to prevent the release of criminal aliens back into the community. Under the Trump Administration, ICE has made enhancing public safety a high priority. Efforts to arrest and remove criminal aliens from the United States have been ...
Can a Divorce Decree Be Reversed? A recent New Hampshire case brings up an interesting question for Floridians who are considering divorce. The New Hampshire Supreme Court refused to allow a couple to cancel a divorce that had already been finalized. The couple, who had been married for more than two decades, reconciled after the divorce process had been completed and wished to simply undo the ...
Divorce does not have to be a war. In fact, many people have found that by working with their spouse to end a marriage amicably, they can save time and money while significantly cutting down on stress. In recognition of this reality, the state of Florida has recently accepted the collaborative divorce process as an official alternative to the adversarial litigation process. The new law, HB 967, ...
Florida’s divorce laws could be in for some major changes if legislators get their way. The bills, if passed, would primarily focus on the areas of alimony, child support and timesharing. A series of bills sponsored by Rep. Collen Burton (R) in the House and Senators Tom Lee (R) and Kelli Stargel (R) in the Senate are currently working their way through the Florida legislature. The largest change ...
Divorced parents have an obligation to support their child’s relationship with the other parent as much as is reasonably possible. Unfortunately, many parents engage in destructive behavior, either deliberately or thoughtlessly, that undermines the child’s relation with the other parent. This includes subtle or overt rewards for rejecting the other parent as well as punishments for maintaining a ...
Grandparents’ visitation rights with their grandchildren are extremely limited in Florida. A recent case in Brevard County demonstrates how difficult it can be for grandparents to convince a court to order a parent to allow them to spend time with a grandchild. The Brevard County case involved two grandparents seeking to see their granddaughter after the death of their daughter, the girl’s mother. ...
Prenuptial and postnuptial agreements are tools used by Floridians to protect their assets either before or after entering into a marriage. Among other things, these tools allow a couple to agree on how some or all of their property will be divided in case of a divorce. Because the agreements are typically created when the couple is on good terms, they are not the product of a fight. While anyone ...
The U.S. immigration system can be very complex, involving strict requirements, rigid quotas and difficult-to-understand procedures. The system is designed to address the needs of the country and serve the demand for both permanent and visiting visas. This year many of the applications for one type of visa will need to be rejected due to an unusually high level of demand. Applications for visas ...
Having a qualified attorney representing your best interests throughout your divorce proceeding is the strongest guarantee of reaching a fair and equitable settlement. In high asset divorces, where one or both parties has significant wealth or complex business dealings, bringing in a financial specialist to identify and assess marital assets that are subject to division can also be invaluable. ...
The Florida Department of Revenue plays a critical role for many people who make or receive child support payments each month. Instead of unofficial payments made between parents, which can be difficult to track and keep records of, the state acts as a middleman. This process, however, leaves the state open to fraud. To facilitate and standardize the child support process, the paying parent can ...
Alimony, like child support, is meant to provide you with the financial assistance you need to maintain your quality of life after a divorce. However, much like child support, it can be common for the payer to fall behind with or simply stop making payments. When this happens, there are a variety of ways you can enforce your right to receive the money you are owed, including the garnishment of ...
When Anna Nicole Smith gave birth to Dannielynn Hope, the model’s companion Howard K. Stern was listed as father on the birth certificate. Ms. Smith’s former boyfriend Larry Birkhead insisted that he was Dannielynn’s biological father, as did another former love interest, Prince Frederic Von Anhalt. Thus began a contentious and much publicized paternity lawsuit. Ms. Smith’s tragic death four ...
On December 22, 2018, President Trump initiated a partial government shutdown after Congress refused to fund his costly U.S.-Mexico border wall. This shutdown has affected immigration courts across the country, inspiring mass confusion and fear as thousands of cases are being pushed back by months and even years. The government shutdown temporarily ended after 35 days, making it the longest ...
Florida is home to hundreds of thousands of grandparents, but if you’re attempting to secure visitation rights with your grandchildren, it can be an uphill battle in our state. For years Florida law allowed for grandparents’ visitation rights, but a series of court rulings, in the name of expanding the right to personal privacy, have found the old law unconstitutional. Additionally, while the ...
Grandparents’ visitation rights with their grandchildren are extremely limited in Florida. A recent case in Brevard County demonstrates how difficult it can be for grandparents to convince a court to order a parent to allow them to spend time with a grandchild. The Brevard County case involved two grandparents seeking to see their granddaughter after the death of their daughter, the girl’s mother. ...
When thinking about marriage in the old days, most people pictured it as black and white as the plastic groom and bride statues on the top of the wedding cake. You stayed with one marriage partner “until death do us part” and so traditionally, most saw the end of the marriage through death, some spouses perhaps too young to pass. But for marriages lasting into the Golden Years, the United States ...
While the nation is focused on the confinement of immigrant children, the U.S. Citizenship and Immigration Services (USCIS) is furtively updating its immigration policies. The USCIS is an agency under the U.S. Department of Homeland Security, and is responsible for processing immigrant applications, petitions, and benefits. As of July 2018, the USCIS released statements announcing new policies ...
Blog: As part of Donald Trump’s presidential campaign, which centered on “Mak[ing] America Great Again,” there were numerous promises to keep unwelcome visitors at the borders, and to push undocumented residents across them again. While the Trump Administration’s controversial travel ban has been blocked by a federal court for now, the plan to remove undocumented immigrants seems to be moving ...
Obtaining a green card can be a difficult process in the United States. This document gives the holder the rights of a permanent resident, including the right to work, enter, exit and live in the country. Eventually, a green card holder may even apply for U.S. citizenship. However, only certain people qualify for a green card. At the very top of the list of those eligible are immediate relatives ...
Since 1995, the U.S. government has offered 55,000 immigrants the chance to get a green card through an international lottery. The Diversity Immigration Visa program decides each year which countries have the lowest immigration rates and opens up the lottery to those who want U.S. permanent residence visas. Millions of people apply — indeed, there were more than eight million applicants in 2012 — ...
H-1B visas are nonimmigrant visas that allow U.S. employers to hire foreign workers in specialty occupations temporarily. Employers who use them say the visas are crucial because they allow workers outside the country to fill skill gaps in the U.S. workforce. In 2016, the demand for the visas was also 3 times higher than the annual limit of 85,000. However, critics of the visas believe outsourcing ...
Blog: As part of Donald Trump’s presidential campaign, which centered on “Mak[ing] America Great Again,” there were numerous promises to keep unwelcome visitors at the borders, and to push undocumented residents across them again. While the Trump Administration’s controversial travel ban has been blocked by a federal court for now, the plan to remove undocumented immigrants seems to be moving ...
An H-1B visa allows someone to enter the United States from a foreign country in order to complete temporary and specialized employment. While this concept seems pretty simple upfront, the H-1B visa program and system has been under criticism for years and for numerous reasons. Recently approved orders and bills currently being drafted may effectively turn how the United States Citizenship and ...
A 2011 University of Michigan National Poverty Center study, Divorce and Women’s Risk of Health Insurance Loss in the U.S. , concluded that approximately 115,000 women lost their insurance each year following divorce. Some of these women worked full time in the home or held only part-time jobs in order to focus on raising their children. Sadly, under the previous system, private insurers charged ...
If you are considering divorce, there may be a number of practical concerns holding you back, including what you might do about healthcare coverage. If you have been on your spouse’s employee benefits plan, you will probably be ineligible after your divorce. That means you have to explore available alternatives, learn how much each option might cost, and make healthcare part of your marital ...
Property division can be one of the most challenging and time-consuming aspects of a divorce. The process can become even more muddled, therefore, if one or both partners in a divorce is a high net worth individual. Why high net-worth individuals often have a harder time divorcing is equitable division. During property division, the couple’s marital assets will be divided equitably between them. ...
The rich and famous will probably always be in the news for one reason or another. However, one thing they never want to be in the news for is an expensive divorce. An Oklahoma divorce going on since May 2012 is being dubbed by some as the world’s most expensive divorce. Oilman Harold Hamm, one of the top 100 richest men in the world, and his wife of 25 years, Sue Ann, are getting divorced. There ...
When people get divorced, the last thing they want during an often-challenging time is to feel that their lives have become an open book. High-profile professionals or those with considerable wealth may find that specific information about the divorce is often available to the public, with results that can be damaging both personally and professionally. For this reason, many of these individuals ...
Good news for Florida’s economy: the growing Hispanic population is set to have a positive impact on job growth over the next 20 years. According to a new national study by international research firm IHS, “Hispanic Immigration and U.S. Economic Growth,” released in February, the Hispanic population will account for 75 percent of the job growth in south Florida alone. Hispanics have long made up a ...
If you are at the beginning of the Florida divorce process, one of your greatest concerns might be about your home. Who will get it? Will either of you get to keep it? Will your children be able to keep living there? The answers to these questions depend on a variety of factors. To understand the likely outcomes, it is important to have a basic grasp of how Florida divorce law works. Property ...
Receiving the long-awaited approval of a petition for a non-immigrant or immigrant visa is not the end of the immigration process. Rather, it is the start of the follow-up process of applying for the visa - before foreign national applicants can actually travel to the United States, they need to get their visa. In fact, the consular officer who reviews the visa application at the United States ...
While the nation is focused on the confinement of immigrant children, the U.S. Citizenship and Immigration Services (USCIS) is furtively updating its immigration policies. The USCIS is an agency under the U.S. Department of Homeland Security, and is responsible for processing immigrant applications, petitions, and benefits. As of July 2018, the USCIS released statements announcing new policies ...
Some people may think an immigration lawyer is only necessary if they’re dealing with a serious legal dispute, but immigration attorneys can actually help with a variety of issues concerning immigration law. Immigration refers to the act of leaving one country to live in another, either on a temporary or permanent basis. Immigration law handles anything regarding immigration, from becoming a U.S. ...
The US Citizenship and Immigration Services (USCIS), the agency in charge of immigration services in the country, has recently updated its mission statement. The most notable of these updates is the removal of the phrase “nation of immigrants.” Rather, the agency’s new mission statement focusses on "safeguarding its integrity" and "securing the homeland." According to one USCIS official, “The ...
While the nation is focused on the confinement of immigrant children, the U.S. Citizenship and Immigration Services (USCIS) is furtively updating its immigration policies. The USCIS is an agency under the U.S. Department of Homeland Security, and is responsible for processing immigrant applications, petitions, and benefits. As of July 2018, the USCIS released statements announcing new policies ...
Some people may think an immigration lawyer is only necessary if they’re dealing with a serious legal dispute, but immigration attorneys can actually help with a variety of issues concerning immigration law. Immigration refers to the act of leaving one country to live in another, either on a temporary or permanent basis. Immigration law handles anything regarding immigration, from becoming a U.S. ...
The US Citizenship and Immigration Services (USCIS), the agency in charge of immigration services in the country, has recently updated its mission statement. The most notable of these updates is the removal of the phrase “nation of immigrants.” Rather, the agency’s new mission statement focusses on "safeguarding its integrity" and "securing the homeland." According to one USCIS official, “The ...
While the nation is focused on the confinement of immigrant children, the U.S. Citizenship and Immigration Services (USCIS) is furtively updating its immigration policies. The USCIS is an agency under the U.S. Department of Homeland Security, and is responsible for processing immigrant applications, petitions, and benefits. As of July 2018, the USCIS released statements announcing new policies ...
Some people may think an immigration lawyer is only necessary if they’re dealing with a serious legal dispute, but immigration attorneys can actually help with a variety of issues concerning immigration law. Immigration refers to the act of leaving one country to live in another, either on a temporary or permanent basis. Immigration law handles anything regarding immigration, from becoming a U.S. ...
The US Citizenship and Immigration Services (USCIS), the agency in charge of immigration services in the country, has recently updated its mission statement. The most notable of these updates is the removal of the phrase “nation of immigrants.” Rather, the agency’s new mission statement focusses on "safeguarding its integrity" and "securing the homeland." According to one USCIS official, “The ...
The US Citizenship and Immigration Services (USCIS), the agency in charge of immigration services in the country, has recently updated its mission statement. The most notable of these updates is the removal of the phrase “nation of immigrants.” Rather, the agency’s new mission statement focusses on "safeguarding its integrity" and "securing the homeland." According to one USCIS official, “The ...
Nearly 800,000 Dreamers, young adults who benefitted from the DACA program, will be affected by the Trump administration’s decision to end DACA--also known as the Deferred Action for Childhood Arrivals program. For those who were brought to the United States as children and never became legal citizens, DACA has allowed them to live, work, and stay in the United States without fear of deportation. ...
U.S. Immigration and Customs Enforcement (ICE) agents are at your door. They may be searching for you, someone you live with, a coworker, or they may have the wrong place. Regardless of the situation, it’s important that you are aware of your rights. This is what you need to know before a visit from ICE: If agents knock on the door, keep it closed and ask them what they are there for. If you open ...
The US Citizenship and Immigration Services (USCIS), the agency in charge of immigration services in the country, has recently updated its mission statement. The most notable of these updates is the removal of the phrase “nation of immigrants.” Rather, the agency’s new mission statement focusses on "safeguarding its integrity" and "securing the homeland." According to one USCIS official, “The ...
H-1B visas are nonimmigrant visas that allow U.S. employers to hire foreign workers in specialty occupations temporarily. Employers who use them say the visas are crucial because they allow workers outside the country to fill skill gaps in the U.S. workforce. In 2016, the demand for the visas was also 3 times higher than the annual limit of 85,000. However, critics of the visas believe outsourcing ...
Despite best efforts to keep a relationship alive, sometimes marriages do come to an end and result in divorce. When it is clear that divorce is imminent, it’s important to take proactive measures to better prepare yourself for the inevitable. This includes the following steps: Assemble the right team . Before you proceed, you will want to ensure that whatever actions you take do not adversely ...
In a decision that broadly touches matters of family and Native American Indian law, the Supreme Court recently reversed and sent an adoption case back to South Carolina courts for hearing. The case of Baby Veronica is well known by many. The biological father in the case, Dusten Brown, refused to provide support for either Baby Veronica or her mother. In a text message and in duly signed ...
Florida is a no-fault divorce state. That means that someone seeking a divorce does not need to prove that their spouse cheated or did anything wrong. In order to be granted a divorce, it simply needs to be shown that the marriage is "irretrievably broken." While infidelity no longer needs to be proved to end a marriage, it can still play an important part in the divorce process because it is ...
Divorced parents often worry their ex might abscond with their children, taking them across state lines. But parents who are divorced from foreign nationals have a greater fear, international child abduction. If your ex takes your child to a foreign country, the legal hurdles you face in establishing timesharing and getting your child returned are extremely challenging, time-consuming and costly. ...
Divorce can be an emotional and stressful experience. The process requires both parties make a number of decisions relating to their union, including custody, support and dividing assets. When a couple thinks about splitting up their assets, they usually consider items like houses, cars, furniture and savings accounts. These assets can usually be divided relatively easily with both spouses taking ...
In almost all marriages, couples merge and combine their property, and make purchases of additional assets that they share. In some situations, this includes savings and retirement accounts, such as IRAs. When a divorce occurs, it can be very difficult to figure out how to split these assets. Individual retirement accounts (IRAs) are an excellent way to save for retirement. Many couples leverage ...
So you converted that extra room in your house to a guest bedroom only to see it collect dust. Instead of waiting for your family to visit once a year, you might consider putting the room to good use by becoming a host family in the au pair program administered by the U.S. State Department and other private agencies. The au pair program allows men and women from the ages of 18 to 26 who hold ...
Your divorce came and went and you’ve just obtained the final judgment dissolving your marriage. You think that everything is wrapped up and finished, right? Well, almost. Even after your divorce final judgment is entered, there are still a few odds and ends that need to be finalized so that you may start your life anew separate from your ex-spouse. Here is a checklist of items to take care of: ...
If you are a U.S. citizen who met the love of your life while traveling abroad, you may be confused about what you must do to begin your new life in the United States with your fiancé or fiancée. Fortunately, this is a common problem, and there is a set process by which your prospective spouse can gain entry, residence and ultimately citizenship in the United States. What’s more, this program can ...
What’s in a name? For starters, a last name ties a person to a family. Most commonly, however, a last name specifically ties a person to his or her father and his family. This is conventional in many parts of the world, including the United States. But what happens when a couple divorces and the child no longer lives primarily with the father, and perhaps doesn’t even have contact with him? What ...
Florida’s divorce laws could be in for some major changes if legislators get their way. The bills, if passed, would primarily focus on the areas of alimony, child support and timesharing. A series of bills sponsored by Rep. Collen Burton (R) in the House and Senators Tom Lee (R) and Kelli Stargel (R) in the Senate are currently working their way through the Florida legislature. The largest change ...
Going through a divorce can impact almost all areas of your lifestyle, including the stability of your finances. Making sure that you stay on top of your money before, during, and after a divorce is paramount to a secure financial future. The following ideas may help you remain financially stable as you dissolve your marriage: Seek out information . A divorce is not the time to turn a blind eye to ...
Making the decision to end a marriage is seldom simple or easy. Some couples opt for a legal separation, sometimes known as a trial separation, to get the time and space necessary to sort out their feelings before reconciling or proceeding to legal dissolution. Florida, however, is one of seven states that does not recognize legal separation, but a family law attorney can help you negotiate a ...
Divorce can be a challenging and overwhelming time. It may seem as if you are called upon almost daily to make decisions that you feel unprepared to make. While that is a completely normal feeling, it is important to take some key steps that can help secure your new financial future. Here’s a look at five steps to take to get you back on track: Check your credit report. During a divorce, your ...
The divorce process is often an emotionally challenging time for both spouses. Why do so many couples choose to go through a grueling divorce process rather than try to “save” the marriage? When a marriage comes to an end, spouses may feel anger, sadness, or loss. However, a divorce can also bring about some feelings of relief. The end of a marriage may open new doors for spouses who felt trapped ...
Most of the research on the longevity of marriages has indicated that couples marrying earlier in life face a greater risk of later getting divorced. Common wisdom suggests that the later couples put off marriage, the higher the likelihood their marriages will stand the test of time — as these couples tend to be better established financially and have a stronger sense of self as they grow older. A ...
In the years after divorce, former spouses’ circumstances may change, rendering alimony arrangements unfair or unsuitable. In Florida, it is unacceptable to terminate or modify alimony payments without the permission of a court. However, it is possible to request an alimony modification from the court. Under Florida law, a request for alimony modification may be granted when either party can ...
When people get divorced, the last thing they want during an often-challenging time is to feel that their lives have become an open book. High-profile professionals or those with considerable wealth may find that specific information about the divorce is often available to the public, with results that can be damaging both personally and professionally. For this reason, many of these individuals ...
Despite best efforts to keep a relationship alive, sometimes marriages do come to an end and result in divorce. When it is clear that divorce is imminent, it’s important to take proactive measures to better prepare yourself for the inevitable. This includes the following steps: Assemble the right team . Before you proceed, you will want to ensure that whatever actions you take do not adversely ...
When it comes to setting the stage for a healthy marriage, establishing a marital agreement might not be the first thing that comes to mind. However, creating a prenuptial or postnuptial agreement could be extremely beneficial for you, your family, and your relationship. Whether you’re already married or planning to become married, these legally binding documents can help you establish clear ...
When a couple seeks a divorce in Florida, their assets and debts are divided according to the principles ofequitable distribution. That means each spouse keeps their separate property, and marital property is divided in a manner the court considers fair, but not necessarily equally. So, you should have the right to keep all of your separate property: these consist of the assets you acquired before ...
When a couple gets divorced, both parties must take certain steps to divide their shared marital assets. This can be a time-consuming and expensive process, and sometimes one or both spouses begin to feel some degree of resentment. They may feel like they are losing the results of their hard-earned financial success or that their former partner is trying to take more than he or she deserves. In ...
Closely held businesses are among the most complicated assets to deal with during a divorce proceeding. In addition to the obvious issues of valuation — and the difficulty inherent in distributing a business in kind — special issues can arise when the formation of such a business predates the marriage. This can frequently cause parties on both sides to misunderstand the degree of interest they may ...
Traditionally, the division of property during a divorce has mostly been focused on what to do with the family home, investments, furniture and vehicles. Today, with so many Americans owing substantial amounts on their credit cards, the divorce process often includes the division of debts. Certain types of credit card debt belong to only one spouse and therefore aren’t affected by the divorce. ...
If you are at the beginning of the Florida divorce process, one of your greatest concerns might be about your home. Who will get it? Will either of you get to keep it? Will your children be able to keep living there? The answers to these questions depend on a variety of factors. To understand the likely outcomes, it is important to have a basic grasp of how Florida divorce law works. Property ...
Typically, when one person in a marriage seeks a divorce from the other, one of the parties ends up leaving the marital home willingly. It is common for one of the spouses to get a temporary apartment or home nearby until the divorce is completed. A strange news story out of Texas brings up interesting questions for Floridians considering divorce. A couple living in a waterfront section of Taylor ...
During a divorce, the division of marital assets can be difficult, especially if you and your spouse have collected a substantial amount of property in your time together. In Florida, the law requires an equitable division of property, which may or may not be exactly equal. The first step is understanding the differences between marital versus separate property. Marital property is an asset ...
Prenuptial and postnuptial agreements are tools used by Floridians to protect their assets either before or after entering into a marriage. Among other things, these tools allow a couple to agree on how some or all of their property will be divided in case of a divorce. Because the agreements are typically created when the couple is on good terms, they are not the product of a fight. While anyone ...
Getting married means that your life changes in many ways. You share a home and property with your spouse, make decisions together and may even take your spouse’s last name. In the event that you get a divorce, it can be difficult to undo all of these lifestyle adjustments you made for one another. One decision you must make is whether or not you wish to retain your former spouse’s surname. ...
Many states allow people to be married at 16 with parental consent, and people who are 18 or older are allowed to be married without parental consent in all states. There have been many studies performed over the years about whether people who get married young (before they reach 24 years old) are more likely to get divorced, and these studies have had conflicting results. What is clear is that ...
If you are a U.S. citizen who met the love of your life while traveling abroad, you may be confused about what you must do to begin your new life in the United States with your fiancé or fiancée. Fortunately, this is a common problem, and there is a set process by which your prospective spouse can gain entry, residence and ultimately citizenship in the United States. What’s more, this program can ...
Another measure designed to rewrite the alimony laws in Florida has once again failed. The proposed billrepresented a radical change to existing laws and took aim at archaic rules and issues that may unfairly impact individuals across the state. The proposed legislation to change the alimony laws was a year in the making, and brought together many lawmakers who had historically been on opposite ...
Once you have made the decision, you and your spouse will have to decide how you plan on accomplishing a divorce. If you are looking to stay out of court and save money, you might be looking at collaborative divorce or mediation. These two options have many similarities, but they also have some distinct differences. Depending on your preference, needs, and goals, one might be more appropriate for ...
Mediation is one of the most amicable alternatives to customary divorce proceedings, as it removes the contentious, and drawn-out court processes which usually accompany traditional divorce. Mediation involves sitting with your ex-spouse in order to determine the details of your divorce settlement between the two of you. With the help of lawyers or advisors if you so choose to have them there, a ...
Divorce does not have to be a fight. In fact, in many cases it is better for all parties involved if the separating spouses can settle their differences outside of a judicial setting. However, the emotional nature of divorce makes it nearly impossible for many to negotiate directly with their former spouses. Moreover, even those who want to work together may not fully appreciate all the matters ...
A Florida man suffering from dementia is battling for his right to divorce his wife of 15 years. The case has brought up serious questions about laws regarding mental capacity and intent in individuals with symptoms of cognitive decline. The couple in question was married in 2000 after seven years of dating. He is now 87 and has trouble remembering what year it is and who is president of the ...
When considering a divorce, one of the last questions that might occur to you is whether you are personally allowed to get divorced in the state of Florida. State courts are typically only willing to handle cases that directly affect residents of their state. This is because states do not want to waste money on court proceedings that have no impact in their state and also because states want to ...
Florida is a no-fault divorce state, which means that couples do not need to prove fault in order to obtain a divorce. Instead, couples must simply demonstrate that their marriage is irretrievably broken. But what if one spouse is really at fault? Does the innocent spouse have any recourse? Even though a determination of fault is not necessary to obtain a divorce in Florida, the issue of fault ...
As part of a divorce, two parents will enter into an agreement regarding child custody and support. A child support agreement outlines exactly what each parent is expected to provide and typically requires the noncustodial parent to make payments to the custodial parent for the support of their kids. This child support is paid to the custodial parent of the children, but it is for the children and ...
After a contentious divorce, you may want few reminders of your ex-husband, including his name. If you took your husband’s name when you got married, you may wish to get your maiden name back after your divorce. Changing your name back to your maiden name after your divorce is very common. It can also be empowering because it is one thing that your ex-husband will have no say in. He cannot force ...
The benefits of obtaining United States citizenship are many: ease of travel to other countries, access to many government jobs, the ability to vote, and the ability to sponsor family members for a green card, are among the many benefits. It used to be that anyone planning on permanently living in the United States would count down the days until they could apply for naturalized U.S. citizenship ...
Many individuals would like to become U.S. citizens because it allows them access to the wealth of opportunity here in the United States. The process of becoming a U.S. citizen, however, is not easy and it is beneficial to have help from trusted advisors up to date on immigration law. There are different paths to becoming a U.S. citizen that include derived or acquired citizenship through parents ...
Although divorce may take its emotional toll on the adults involved, it can also be incredibly difficult for any children you have together. Parents can help navigate the aftermath of a divorce more easily when they understand its effects on children and make concerted efforts to help their kids through the process. Among the key strategies a parent should consider employing are the following: ...
Florida is a no-fault divorce state, which means that couples do not need to prove fault in order to obtain a divorce. Instead, couples must simply demonstrate that their marriage is irretrievably broken. But what if one spouse is really at fault? Does the innocent spouse have any recourse? Even though a determination of fault is not necessary to obtain a divorce in Florida, the issue of fault ...
Every year, people from all over the world apply for visas to live in the United States. These individuals may apply for a number of reasons, including to live with family, for employment, to gain asylum and more. It can be difficult for someone to find themselves at the top of those waiting lists, but there is one list that is even more difficult to even get on — the O classification visa list. ...
Receiving the long-awaited approval of a petition for a non-immigrant or immigrant visa is not the end of the immigration process. Rather, it is the start of the follow-up process of applying for the visa - before foreign national applicants can actually travel to the United States, they need to get their visa. In fact, the consular officer who reviews the visa application at the United States ...
Can a Divorce Decree Be Reversed? A recent New Hampshire case brings up an interesting question for Floridians who are considering divorce. The New Hampshire Supreme Court refused to allow a couple to cancel a divorce that had already been finalized. The couple, who had been married for more than two decades, reconciled after the divorce process had been completed and wished to simply undo the ...
Every year, people from all over the world apply for visas to live in the United States. These individuals may apply for a number of reasons, including to live with family, for employment, to gain asylum and more. It can be difficult for someone to find themselves at the top of those waiting lists, but there is one list that is even more difficult to even get on — the O classification visa list. ...
The U.S. immigration system can be very complex, involving strict requirements, rigid quotas and difficult-to-understand procedures. The system is designed to address the needs of the country and serve the demand for both permanent and visiting visas. This year many of the applications for one type of visa will need to be rejected due to an unusually high level of demand. Applications for visas ...
After a divorce, a parent with whom a child lives may wish to relocate to a different city, state or country. This can happen for a number of reasons, including a new job, a new spouse or romantic partner, a desire to be closer to extended family for financial or emotional support, schooling or job training, military assignment, or health and safety needs. Parental relocation usually calls for a ...
A Florida soccer team has adopted an unusual strategy to raise money for its new stadium that at the same time is helping foreign investors to obtain green cards. In its quest to build a new stadium in Parramore, the Orlando City SC is taking advantage of the Employment-Based Immigration Investor Program, better known as EB-5. Under this program, foreign nationals who invest $500,000 or more in a ...
Divorced parents have an obligation to support their child’s relationship with the other parent as much as is reasonably possible. Unfortunately, many parents engage in destructive behavior, either deliberately or thoughtlessly, that undermines the child’s relation with the other parent. This includes subtle or overt rewards for rejecting the other parent as well as punishments for maintaining a ...
Most people expect to provide support for their children after a divorce or when they decide to separate their households. But when children want to be involved in extracurricular activities like music lessons or sports, the expenses can add up. In these situations, who is responsible for paying for what might be considered non-necessities? The amount paid for child support is calculated based on ...
Divorced parents often worry their ex might abscond with their children, taking them across state lines. But parents who are divorced from foreign nationals have a greater fear, international child abduction. If your ex takes your child to a foreign country, the legal hurdles you face in establishing timesharing and getting your child returned are extremely challenging, time-consuming and costly. ...
The life of a famous television actress brings to mind elegant turns on the red carpet and a privileged, jet-set lifestyle. But Kelly Rutherford, of Gossip Girl fame, lived every parent’s nightmare when a family court judge ordered her two minor children to live full-time in France, since their father was expelled from the United States. The ruling in Rutherford’s case may seem rare, but too many ...
Divorced parents have an obligation to support their child’s relationship with the other parent as much as is reasonably possible. Unfortunately, many parents engage in destructive behavior, either deliberately or thoughtlessly, that undermines the child’s relation with the other parent. This includes subtle or overt rewards for rejecting the other parent as well as punishments for maintaining a ...
When Gov. Rick Scott vetoed a bill that would have amended Florida alimony and timesharing laws, his stated objection was that the new law would have put “the wants of a parent before the child’s best interest.” State laws throughout the nation hold that the preeminent consideration in a timesharing order must be the best interests of the child. For disabled parents, proving that an order giving ...
Even laws that seem gender neutral can be difficult to apply in nontraditional situations. When this occurs, it often falls to the courts to make these laws work. One example is the way many courts had to adapt traditional notions of “parentage” to apply to children conceived by in vitro fertilization or other advanced methods. These scientific advances have complicated a question that is ...
After a divorce, a parent with whom a child lives may wish to relocate to a different city, state or country. This can happen for a number of reasons, including a new job, a new spouse or romantic partner, a desire to be closer to extended family for financial or emotional support, schooling or job training, military assignment, or health and safety needs. Parental relocation usually calls for a ...
If you are a divorced parent who wants to be allowed to spend more time with your children under a Florida parenting plan, here are a couple of things you shouldn’t do: Don’t send your ex-spouse a cake with a grenade on top. If you should be fortunate enough to win a court battle to spend more time with your children, don’t gloat about it on Twitter and call your ex-spouse a “chubby weirdo.” Who ...
A father in New Jersey who recently lost custody of his children appeared in court in a Nazi uniform in an attempt to obtain visitation rights with his two-year-old son. The man claims that his son was taken by the state when he was only 16 hours old and he lost custody of his other three children because he gave them Nazi-inspired names. The state contends that there was previous violence in the ...
Many armed service members leave spouses, children and parents behind when they are stationed overseas. While fighting for our country, military personnel still worry about their loved ones’ well-being back home. For a spouse, parent or child of an illegal immigrant, general concern is often compounded by the fear that family members will be deported, with the service member stuck in a foreign ...
International travel continues to become easier and more common than in years past, and it can be an enriching experience to share with children. However, it’s important to exercise caution when two parents are divorced and one of them wants to take their children across U.S. borders. Usually, the risks are minimal when a former spouse travels internationally with a child, but in more contentious ...
A recent infrastructure spending bill was signed into law with the purpose of making the country’s roads safer. However, included in the “Fixing America’s Surface Transportation Act” (FAST Act), was a provision that doesn’t apply to ground transportation at all, but rather the ability of American citizens to fly to other countries. A section of the act titled “Revocation or Denial of Passport in ...
Proving paternity may seem like a technical, trivial detail in the grand scheme of things, but it can be a pivotal move if you are dealing with a family law dispute. Issues with child custody, child support, and visitation can be difficult to sort out when paternity has not been officially proven, and it can be an instrumental tool used by either the mother or the father. When you and your ex are ...
These days, men and women are waiting longer to get married and cohabitation is on the rise. This trend also brings about a rise in the number of children being born to unmarried parents. These couples often break up, just as married couples do, and then questions arise as to the parental rights and responsibilities of each parent towards the children. How will time-sharing work, and who will have ...
A recent infrastructure spending bill was signed into law with the purpose of making the country’s roads safer. However, included in the “Fixing America’s Surface Transportation Act” (FAST Act), was a provision that doesn’t apply to ground transportation at all, but rather the ability of American citizens to fly to other countries. A section of the act titled “Revocation or Denial of Passport in ...
Under Florida law, there are five different types of alimony (also known as spousal support). Judges choose the type of alimony based on what’s most fair for both parties under the circumstances of the divorce. The type of payment plan (lump sum or periodic) may also vary based on the type of alimony and the financial situation of each party. The five different types of alimony in Florida are: ...
Everybody knows how serious and painful custody battles can be during a divorce, but what happens when the children involved aren’t humans but family pets? To many people, animals are just as much a part of the family as their own flesh and blood, and the prospect of losing them in a divorce is hard to deal with. So how does Florida law deal with issues of pet ownership during the divorce process? ...
Everybody knows how serious and painful custody battles can be during a divorce, but what happens when the children involved aren’t humans but family pets? To many people, animals are just as much a part of the family as their own flesh and blood, and the prospect of losing them in a divorce is hard to deal with. So how does Florida law deal with issues of pet ownership during the divorce process? ...
In the years after divorce, former spouses’ circumstances may change, rendering alimony arrangements unfair or unsuitable. In Florida, it is unacceptable to terminate or modify alimony payments without the permission of a court. However, it is possible to request an alimony modification from the court. Under Florida law, a request for alimony modification may be granted when either party can ...
Once you’ve received your divorce decree, there are still a few steps you need to take before you can truly put your divorce behind you. First, you’ll want to actually read the divorce decree several times, and as thoroughly as possible. It’s important for you to have a complete understanding of everything it contains. Mark down all of the obligations listed for both you and your former partner. ...
Doctors, lawyers, accountants, dentists and other professionals invest many years of education and hard work in their practices. If you divorce, however, your professional practice could be in jeopardy if a court decides that it is martial property. Even if you owned your practice before your marriage, some portion of the practice could be marital property if its value increased during the ...
Despite best efforts to keep a relationship alive, sometimes marriages do come to an end and result in divorce. When it is clear that divorce is imminent, it’s important to take proactive measures to better prepare yourself for the inevitable. This includes the following steps: Assemble the right team . Before you proceed, you will want to ensure that whatever actions you take do not adversely ...
Traditionally, the division of property during a divorce has mostly been focused on what to do with the family home, investments, furniture and vehicles. Today, with so many Americans owing substantial amounts on their credit cards, the divorce process often includes the division of debts. Certain types of credit card debt belong to only one spouse and therefore aren’t affected by the divorce. ...
Doctors, lawyers, accountants, dentists and other professionals invest many years of education and hard work in their practices. If you divorce, however, your professional practice could be in jeopardy if a court decides that it is martial property. Even if you owned your practice before your marriage, some portion of the practice could be marital property if its value increased during the ...
Statistically, 45% of all marriages end in divorce. If those couples are lucky, they signed a prenuptial agreement before walking down the aisle. A prenuptial agreement is a legal contract that protects a couple during the divorce process. Couples sign these contracts for many reasons, including: protecting individual financial assets, fairly distributing property , determining spousal support ...
Prenuptial and postnuptial agreements are tools used by Floridians to protect their assets either before or after entering into a marriage. Among other things, these tools allow a couple to agree on how some or all of their property will be divided in case of a divorce. Because the agreements are typically created when the couple is on good terms, they are not the product of a fight. While anyone ...
f you are in the early stages of a divorce or are anticipating that you and your spouse will soon part ways, the feelings you experience can be overwhelming. To help lessen your stress and manage the uncertainties of divorce, it’s in your best interests to be properly prepared for the process in front of you. The following are several important tips to make this happen: Understand your financial ...
Divorce is almost never entirely amicable. However, when separating spouses make a commitment to treat each other amicably, it often makes the process easier and less expensive for all parties involved. Even under the best of circumstances, though, disentangling the joint affairs of two people is a challenge that can make life very difficult during the divorce process. Under more hostile ...
If you’ve received a formal request (known as a petition) for child support, it’s important to respond promptly and appropriately. You must follow the instructions on the petition and will most likely need to appear in court on a certain date for a hearing. At your hearing, the judge will determine how much child support you need to pay based on analyzing both parents’ incomes, the amount of time ...
Distribution of marital property during divorce in Florida is equitable — but not necessarily equal. A number of factors may cause courts to slant equitable distribution in favor of one spouse or the other. One such factor is the attainment of educational degrees or professional licensure by one spouse — and the degree to which the other spouse made that possible. Section 61.075 of the Florida ...
Distribution of marital property during divorce in Florida is equitable — but not necessarily equal. A number of factors may cause courts to slant equitable distribution in favor of one spouse or the other. One such factor is the attainment of educational degrees or professional licensure by one spouse — and the degree to which the other spouse made that possible. Section 61.075 of the Florida ...
Doctors, lawyers, accountants, dentists and other professionals invest many years of education and hard work in their practices. If you divorce, however, your professional practice could be in jeopardy if a court decides that it is martial property. Even if you owned your practice before your marriage, some portion of the practice could be marital property if its value increased during the ...
There may soon be sweeping changes in Florida’s alimony laws. State House Rules Chairman Ritch Workman recently proposed a new law that borrows elements of existing child support formulas to calculate alimony following a divorce. If passed, the bill would represent a radical departure from the current system and a complete overhaul of the state’s divorce laws. According to the proposed bill, ...
Florida has taken in 3,181 unaccompanied immigrant children as of July 7, according to a recently released federal report. Only Texas and New York have seen larger numbers of young immigrants, most of whom are coming from El Salvador, Guatemala and Honduras. The U.S. Health and Human Services Department’s Administration for Children and Families, which released the data, says that more than 57,000 ...
Every year, people from all over the world apply for visas to live in the United States. These individuals may apply for a number of reasons, including to live with family, for employment, to gain asylum and more. It can be difficult for someone to find themselves at the top of those waiting lists, but there is one list that is even more difficult to even get on — the O classification visa list. ...
Most of the research on the longevity of marriages has indicated that couples marrying earlier in life face a greater risk of later getting divorced. Common wisdom suggests that the later couples put off marriage, the higher the likelihood their marriages will stand the test of time — as these couples tend to be better established financially and have a stronger sense of self as they grow older. A ...
Many people who come to the United States and decide to live here permanently eventually seek citizenship. Becoming a U.S. citizen means you can vote, travel internationally and work with the government to have your family come to the country, if needed. If you’re considering taking this major step, it’s important to be aware of the standard qualifications for American citizenship: Established ...
In many marriages, the retirement accounts of the couple may be the largest financial assets they share, especially if they have worked for many years. When that couple divorces, many questions arise as to how to equitably split up the retirement accounts. In many cases, fears about whether and how these assets can be divided often prevent a couple from seeking a divorce. An equitable division can ...
In 1990, Congress created the EB-5 visa program to stimulate capital investment and employment in the United States. The program allows international entrepreneurs, their spouses, and their children under the age of 21 to apply for permanent residence (green card) status, if the entrepreneur makes a significant commercial investment designed to generate at least 10 full-time jobs for American ...
Sharing the Various Parenting Expenses After Divorce When two people get divorced and they have children together, it can be a major challenge to determine who should pay for the various expenses associated with raising kids. So how does a couple that has parted ways continue to split expenses in a fair and equitable manner when priorities and finances change? Compromise is likely to be the name ...
Can a Divorce Decree Be Reversed? A recent New Hampshire case brings up an interesting question for Floridians who are considering divorce. The New Hampshire Supreme Court refused to allow a couple to cancel a divorce that had already been finalized. The couple, who had been married for more than two decades, reconciled after the divorce process had been completed and wished to simply undo the ...
When couples consider getting divorced, some may think that ending the marriage will come with a high price tag. However, there are ways that you and your attorney can work together to minimize the cost. If you’re looking for potential ways to save money on your divorce proceedings, consider the following options: Choose mediation: Mediation allows couples to work jointly with one lawyer, with the ...
Under Florida law, there are five different types of alimony (also known as spousal support). Judges choose the type of alimony based on what’s most fair for both parties under the circumstances of the divorce. The type of payment plan (lump sum or periodic) may also vary based on the type of alimony and the financial situation of each party. The five different types of alimony in Florida are: ...
When people get divorced, the last thing they want during an often-challenging time is to feel that their lives have become an open book. High-profile professionals or those with considerable wealth may find that specific information about the divorce is often available to the public, with results that can be damaging both personally and professionally. For this reason, many of these individuals ...
More than ever, Americans are relocating not just within their state, but also across the country and around the world. Increased mobility is relatively easy for single individuals or married couples who are interested in seeing more of the world or who need to move for a new job. However, it can be difficult for divorced parents to exercise this same level of freedom. Florida has strict laws when ...
After a divorce, a parent with whom a child lives may wish to relocate to a different city, state or country. This can happen for a number of reasons, including a new job, a new spouse or romantic partner, a desire to be closer to extended family for financial or emotional support, schooling or job training, military assignment, or health and safety needs. Parental relocation usually calls for a ...
When going through a divorce, a couple with children needs to establish a timesharing agreement, to which they both must adhere as they move forward with their lives. However, if one or both of these individuals decides to later get remarried, it’s important to understand the effects the action might have on the timesharing custody agreement. If one parent was not granted full or partial ...
When considering a divorce, one of the last questions that might occur to you is whether you are personally allowed to get divorced in the state of Florida. State courts are typically only willing to handle cases that directly affect residents of their state. This is because states do not want to waste money on court proceedings that have no impact in their state and also because states want to ...
As part of a divorce, two parents will enter into an agreement regarding child custody and support. A child support agreement outlines exactly what each parent is expected to provide and typically requires the noncustodial parent to make payments to the custodial parent for the support of their kids. This child support is paid to the custodial parent of the children, but it is for the children and ...
When it comes to divorce, the division of assets depends on the specifics of each case as well as state law. Because Florida uses the equitable distribution method, courts distribute assets — including 401(k) accounts — in ways judges believe are equitable or fair. The following options are common ways of dealing with a 401(k) account in a divorce: Keep your 401(k) and your spouse receives other ...
In many marriages, the retirement accounts of the couple may be the largest financial assets they share, especially if they have worked for many years. When that couple divorces, many questions arise as to how to equitably split up the retirement accounts. In many cases, fears about whether and how these assets can be divided often prevent a couple from seeking a divorce. An equitable division can ...
Another measure designed to rewrite the alimony laws in Florida has once again failed. The proposed billrepresented a radical change to existing laws and took aim at archaic rules and issues that may unfairly impact individuals across the state. The proposed legislation to change the alimony laws was a year in the making, and brought together many lawmakers who had historically been on opposite ...
In 2006, a New York man blew up his marital home rather than rescind ownership to his ex-spouse. His wife, Cordula Bartha, won the home in a divorce settlement. But when it came time for Dr. Nicholas Bartha to leave, he orchestrated an explosion that reduced the property to rubble. Although the Bartha divorce is an extreme, the case demonstrates the deep emotions and high value often placed on the ...
In January, Florida became the 36 th state to legalize same-sex marriage. The news was met with celebration from many couples that have long awaited the chance to formalize their relationships in the eyes of the law. Although many of these couples has chosen to get married in other states, their marriages were not recognized by Florida, and so they lacked the rights offered to other married ...
In January, Florida became the latest state to legalize same-sex marriage. For couples that had waited years to make their unions official in the eyes of the law, the news was greeted with celebration and joy. For another segment of the population, however, the new law only raised more questions. Same-sex couples that wanted a divorce in Florida did not receive the same unambiguous green light as ...
Wednesday, December 17 marked an historical day in Florida. Broward County Circuit Judge Dale Cohen granted the very first formal divorce of a same-sex couple in the state. The case was used as a way for the judge to join others in declaring unconstitutional Florida’s ban on same-sex marriage. The marriage in question was between two women who were united by a civil union in Vermont in 2002. One ...
Even laws that seem gender neutral can be difficult to apply in nontraditional situations. When this occurs, it often falls to the courts to make these laws work. One example is the way many courts had to adapt traditional notions of “parentage” to apply to children conceived by in vitro fertilization or other advanced methods. These scientific advances have complicated a question that is ...
It has never been easier for same-sex couples to marry than it is today, but what about divorce? Oddly, it may not be as easy to untie the knot as it is to tie it. A recent Supreme Court decision, United States v. Windsor, held that the federal Defense of Marriage Act’s (DOMA) definition of marriage as “a union between one man and one woman as husband and wife” was unconstitutional. This decision ...
In January, Florida became the latest state to legalize same-sex marriage. For couples that had waited years to make their unions official in the eyes of the law, the news was greeted with celebration and joy. For another segment of the population, however, the new law only raised more questions. Same-sex couples that wanted a divorce in Florida did not receive the same unambiguous green light as ...
It has never been easier for same-sex couples to marry than it is today, but what about divorce? Oddly, it may not be as easy to untie the knot as it is to tie it. A recent Supreme Court decision, United States v. Windsor, held that the federal Defense of Marriage Act’s (DOMA) definition of marriage as “a union between one man and one woman as husband and wife” was unconstitutional. This decision ...
One of the results of the recent U.S. Supreme Court decision striking down key portions of the Defense of Marriage Act (DOMA) is that the U.S. Citizenship and Immigration Service (USCIS) has approved the first marriage-based green card to a legally married same-sex couple residing in Florida. USCIS is now reviewing immigration visa petitions filed on behalf of same-sex spouses in the same manner ...
Florida State Sen. Tom Lee (R-Brandon) recently introduced Senate Bill 250, entitled “Family Law Reform.” If the bill is passed, it would present some significant changes to the child time-sharing statutes in the state and could set a guideline that divorced families have a 50/50 time-sharing split unless challenged. This aspect of the bill has come under criticism from various state coalitions, ...
When a couple seeks a divorce in Florida, their assets and debts are divided according to the principles ofequitable distribution. That means each spouse keeps their separate property, and marital property is divided in a manner the court considers fair, but not necessarily equally. So, you should have the right to keep all of your separate property: these consist of the assets you acquired before ...
During a divorce, the division of marital assets can be difficult, especially if you and your spouse have collected a substantial amount of property in your time together. In Florida, the law requires an equitable division of property, which may or may not be exactly equal. The first step is understanding the differences between marital versus separate property. Marital property is an asset ...
Reality TV personality Bethenny Frankel and her “separation” from her husband wasn’t so separate. The two continued to share the same four-bedroom New York City apartment five months into their bitter divorce. Frankel’s awkward situation shows that all kinds of couples going through a divorce can have trouble dealing with the former marital home. The first thing to consider when deciding to stay ...
Although many states recognize separation as a legal status, Florida does not. This means there is no complete system of modified marital obligations for separated spouses, which can leave such couples in confusion about who should do what. However, there is legal guidance for couples during the divorce — or dissolution, as it is referred to in Florida — to clarify each spouse’s marital ...
In Florida, the law allows for two different types of divorces. These include a “simplified dissolution of marriage” and a “regular dissolution of marriage.” Just as these sound, one is especially simple. The other is the type that many people are familiar with as a “regular” divorce. The choice that a divorcing couple makes regarding the process that they choose depends on their own personal ...
In today’s ever-connected world, we are putting more personal information about ourselves out there than ever before. Whether it’s through Facebook statuses, Instagram photos, “check ins” at our hangout spots or Snapchat story updates, we have become obsessed with sharing even the more mundane details of our lives with our friends. During a divorce, however, this tendency can potentially hurt you, ...
A Florida soccer team has adopted an unusual strategy to raise money for its new stadium that at the same time is helping foreign investors to obtain green cards. In its quest to build a new stadium in Parramore, the Orlando City SC is taking advantage of the Employment-Based Immigration Investor Program, better known as EB-5. Under this program, foreign nationals who invest $500,000 or more in a ...
In today’s ever-connected world, we are putting more personal information about ourselves out there than ever before. Whether it’s through Facebook statuses, Instagram photos, “check ins” at our hangout spots or Snapchat story updates, we have become obsessed with sharing even the more mundane details of our lives with our friends. During a divorce, however, this tendency can potentially hurt you, ...
Social media may provide you with a positive forum for reconnecting with old friends, meeting new people and generally moving on with your life after your divorce. But social media sites can also become a useful source of evidence that supports your spouse’s case against you. In fact, in a 2010 survey conducted by the American Academy of Matrimonial Lawyers (AAML), 81 percent of AAML members say ...
Alimony, like child support, is meant to provide you with the financial assistance you need to maintain your quality of life after a divorce. However, much like child support, it can be common for the payer to fall behind with or simply stop making payments. When this happens, there are a variety of ways you can enforce your right to receive the money you are owed, including the garnishment of ...
As a parent of a special needs child, you are likely aware of the many challenges that raising a special needs child can bring. You have also likely heard the statistics about the high rate of divorce among parents of special needs children. Is there something about raising a special needs child that perpetuates failed marriages? How can the interests of special needs children be addressed during ...
Sharing the Various Parenting Expenses After Divorce When two people get divorced and they have children together, it can be a major challenge to determine who should pay for the various expenses associated with raising kids. So how does a couple that has parted ways continue to split expenses in a fair and equitable manner when priorities and finances change? Compromise is likely to be the name ...
Michael Dunn was tried this year for shooting into a car of boisterous teenagers in Jacksonville, Florida, and killing a 17-year-old boy, Jordan Davis. The case drew national attention because he used the stand your ground defense, a repeat of recent cases in which a white man claimed self-defense in the shooting of an unarmed black teen. The investigation into Mr. Dunn revealed a horrific past of ...
Alimony, also known as spousal support, is a tool used by judges during and after a divorce to help create a fair financial situation for both parties. In marriages, one spouse may do most or all of the housework and child-rearing while the other earns most or all of the income. This can lead to strange results when finances are suddenly divided. In many cases, alimony will be awarded after the ...
Another measure designed to rewrite the alimony laws in Florida has once again failed. The proposed billrepresented a radical change to existing laws and took aim at archaic rules and issues that may unfairly impact individuals across the state. The proposed legislation to change the alimony laws was a year in the making, and brought together many lawmakers who had historically been on opposite ...
Alimony is money paid from one former spouse to the other following a divorce, typically when the receiving spouse will face financial hardships after the divorce is complete. Some believe that spousal support is necessary when one spouse has provided emotional or familial support, to the detriment of his or her career. Others argue that permanent alimony should be eliminated, and in fact some ...
There are a number of ways to obtain a U.S. visa, including a fiancé or spouse visa. However, while an American citizen or permanent resident who is married or engaged to a citizen of another country might be able to legally relocate his or her spouse or fiancé to U.S., this is not an automatic right. Many misunderstand this law, believing that marriage or engagement opens to the gates for their ...
If you are receiving alimony and are living with your boyfriend or girlfriend, you might want to think again. Cohabitation can be grounds for terminating alimony under Florida law. In Florida, when an alimony recipient resides with another person to whom the recipient is not related and there is evidence of a supportive relationship , alimony can be terminated. To determine whether there is a ...
When getting a divorce, many people express regret at mistakes they may have made in the past. It is important not to make any other typical mistakes in your settlement as well. Mistakes in divorce settlements can be very costly and add financial stress to your already complex life. It is important to have an experienced and knowledgeable advisor help guide you through this process. Here are some ...
Before your divorce, filing your tax returns as a married couple may have come with a lot of benefits. However, the Internal Revenue Service (IRS) can hold both spouses jointly and severally liable for the full amount of unpaid taxes, penalties and interest associated with the tax years you filed jointly. Unpleasant debt issues may arise during your divorce. But one of the most unnerving — and ...
Before your divorce, filing your tax returns as a married couple may have come with a lot of benefits. However, the Internal Revenue Service (IRS) can hold both spouses jointly and severally liable for the full amount of unpaid taxes, penalties and interest associated with the tax years you filed jointly. Unpleasant debt issues may arise during your divorce. But one of the most unnerving — and ...
When getting a divorce, many people express regret at mistakes they may have made in the past. It is important not to make any other typical mistakes in your settlement as well. Mistakes in divorce settlements can be very costly and add financial stress to your already complex life. It is important to have an experienced and knowledgeable advisor help guide you through this process. Here are some ...
The convoluted, cumbersome process of calculating your taxes may become more complicated following your divorce. The decisions you make at the settlement table could impact the amount of taxes you pay for many years into the future, and most certainly can affect you the first year you file as a single person. The Internal Revenue Service (IRS) applies the following divorce-related tax rules: Child ...
The U.S. immigration system can be very complex, involving strict requirements, rigid quotas and difficult-to-understand procedures. The system is designed to address the needs of the country and serve the demand for both permanent and visiting visas. This year many of the applications for one type of visa will need to be rejected due to an unusually high level of demand. Applications for visas ...
No marriage is immune to stress, but sometimes when couples move to another country to live, they find that those issues are exacerbated. So-called expatriates, or expats, may find it increasingly difficult to keep their marriages intact, especially when they cannot rely on their usual systems of support. In fact, research on expat marriages indicates that the wives and husbands of expat workers ...
One of the most challenging aspects of your post-divorce life is learning how to share custody with your child's other parent. The purpose of your time-sharing agreement is to establish a timesharing schedule and to put certain safeguards in place to protect your parental rights. But what can you do if your ex is turning your child against you? Defining Parental Alienation Unfortunately, it is not ...
When Gov. Rick Scott vetoed a bill that would have amended Florida alimony and timesharing laws, his stated objection was that the new law would have put “the wants of a parent before the child’s best interest.” State laws throughout the nation hold that the preeminent consideration in a timesharing order must be the best interests of the child. For disabled parents, proving that an order giving ...
A father in New Jersey who recently lost custody of his children appeared in court in a Nazi uniform in an attempt to obtain visitation rights with his two-year-old son. The man claims that his son was taken by the state when he was only 16 hours old and he lost custody of his other three children because he gave them Nazi-inspired names. The state contends that there was previous violence in the ...
If you’re a parent going through a divorce, you know that the process can come with a variety of concerns about how it will affect your children. Establishing a sound time-sharing arrangement and accounting for all of the facets of the kids’ lives can be difficult and requires genuine effort on everyone’s part if the plan is to succeed. But what happens when the children’s own wishes come between ...
If you and your former spouse have children together, a top concern when going through divorce is to make sure your kids will continue to grow up healthy and happy. Part of the initial divorce settlement is the negotiation of custody arrangements, referred to in Florida law as timesharing. The couple may come to an agreement on timesharing terms or the court may mandate them based on the ...
As a parent of a special needs child, you are likely aware of the many challenges that raising a special needs child can bring. You have also likely heard the statistics about the high rate of divorce among parents of special needs children. Is there something about raising a special needs child that perpetuates failed marriages? How can the interests of special needs children be addressed during ...
Divorced parents often worry their ex might abscond with their children, taking them across state lines. But parents who are divorced from foreign nationals have a greater fear, international child abduction. If your ex takes your child to a foreign country, the legal hurdles you face in establishing timesharing and getting your child returned are extremely challenging, time-consuming and costly. ...
If you and your former spouse have children together, a top concern when going through divorce is to make sure your kids will continue to grow up healthy and happy. Part of the initial divorce settlement is the negotiation of custody arrangements, referred to in Florida law as timesharing. The couple may come to an agreement on timesharing terms or the court may mandate them based on the ...
The difficulties any couple experiences when going through a divorce is compounded when there are children involved. Among Florida’s requirements during a divorce involving children is the submission of a completed parenting plan. This provides a comprehensive outline of how divorcing spouses intend to structure their children’s lives, what roles each parent will play and how the parents will ...
Treaty Trader (E-1) and Treaty Investor (E-2) visas are available only to citizens of countries that have commerce and navigation treaties with the United States. While there are quite a few treaty countries on this list, this visa is not available to those from China or India. While requirements for the two visas are similar, there are some key differences: an E-1 visa is for an employee of a ...
Treaty Trader (E-1) and Treaty Investor (E-2) visas are available only to citizens of countries that have commerce and navigation treaties with the United States. While there are quite a few treaty countries on this list, this visa is not available to those from China or India. While requirements for the two visas are similar, there are some key differences: an E-1 visa is for an employee of a ...
If only getting a divorce were as simple as just parting ways with your spouse. A number of tough issues must be addressed in a divorce, including how to divide your assets, debts and the custody of your children. In an ideal world, the divorce court would resolve these issues to the satisfaction of both parties, but, unfortunately, this is not always the case. If you believe the court’s final ...
The campaign promises of the current president were mostly based on immigration policy. The current president promised the American people he would deport millions of undocumented immigrants from the United States. He also pledged to crack down on the immigration of potential terrorists, passing two Executive Orders (EO) that have since been challenged in court for being unconstitutional. Part of ...
The benefits of obtaining United States citizenship are many: ease of travel to other countries, access to many government jobs, the ability to vote, and the ability to sponsor family members for a green card, are among the many benefits. It used to be that anyone planning on permanently living in the United States would count down the days until they could apply for naturalized U.S. citizenship ...
So you converted that extra room in your house to a guest bedroom only to see it collect dust. Instead of waiting for your family to visit once a year, you might consider putting the room to good use by becoming a host family in the au pair program administered by the U.S. State Department and other private agencies. The au pair program allows men and women from the ages of 18 to 26 who hold ...
The campaign promises of the current president were mostly based on immigration policy. The current president promised the American people he would deport millions of undocumented immigrants from the United States. He also pledged to crack down on the immigration of potential terrorists, passing two Executive Orders (EO) that have since been challenged in court for being unconstitutional. Part of ...
With nearly two-dozen viable candidates for president seeking to distinguish themselves among voters, immigration has become even more of a hot-button issue over the past several months. Former Florida Gov. Jeb Bush, in contrast to most other Republicans in the race, has criticized many of his fellow candidates for their stances on immigration, while putting forth his own pathway to legal status ...
Depending on the reason dissolution is occurring, the relationship between the parties involved, and the ability of that couple to work together to reach solutions, a divorce may be either contested or uncontested. In an uncontested divorce, the parties agree that their marriage is over and also agree on the terms of the dissolution. A contested divorce happens any time one spouse wants to ...
The campaign promises of the current president were mostly based on immigration policy. The current president promised the American people he would deport millions of undocumented immigrants from the United States. He also pledged to crack down on the immigration of potential terrorists, passing two Executive Orders (EO) that have since been challenged in court for being unconstitutional. Part of ...
With nearly two-dozen viable candidates for president seeking to distinguish themselves among voters, immigration has become even more of a hot-button issue over the past several months. Former Florida Gov. Jeb Bush, in contrast to most other Republicans in the race, has criticized many of his fellow candidates for their stances on immigration, while putting forth his own pathway to legal status ...
Receiving the long-awaited approval of a petition for a non-immigrant or immigrant visa is not the end of the immigration process. Rather, it is the start of the follow-up process of applying for the visa - before foreign national applicants can actually travel to the United States, they need to get their visa. In fact, the consular officer who reviews the visa application at the United States ...
Many individuals would like to become U.S. citizens because it allows them access to the wealth of opportunity here in the United States. The process of becoming a U.S. citizen, however, is not easy and it is beneficial to have help from trusted advisors up to date on immigration law. There are different paths to becoming a U.S. citizen that include derived or acquired citizenship through parents ...
U.S. marshals arrested a 45-year-old Florida resident who was tens of thousands of dollars behind on child support payments. The Safety Harbor resident was arrested on January 23, 2015, and was charged with several crimes, including failure to pay up to $120,000 in back due child support payments. The mother of his child reportedly now lives in Maine and has been seeking payments from the man for ...
Michael Dunn was tried this year for shooting into a car of boisterous teenagers in Jacksonville, Florida, and killing a 17-year-old boy, Jordan Davis. The case drew national attention because he used the stand your ground defense, a repeat of recent cases in which a white man claimed self-defense in the shooting of an unarmed black teen. The investigation into Mr. Dunn revealed a horrific past of ...
The campaign promises of the current president were mostly based on immigration policy. The current president promised the American people he would deport millions of undocumented immigrants from the United States. He also pledged to crack down on the immigration of potential terrorists, passing two Executive Orders (EO) that have since been challenged in court for being unconstitutional. Part of ...
A recent infrastructure spending bill was signed into law with the purpose of making the country’s roads safer. However, included in the “Fixing America’s Surface Transportation Act” (FAST Act), was a provision that doesn’t apply to ground transportation at all, but rather the ability of American citizens to fly to other countries. A section of the act titled “Revocation or Denial of Passport in ...
Receiving the long-awaited approval of a petition for a non-immigrant or immigrant visa is not the end of the immigration process. Rather, it is the start of the follow-up process of applying for the visa - before foreign national applicants can actually travel to the United States, they need to get their visa. In fact, the consular officer who reviews the visa application at the United States ...
If you’re a parent going through a divorce, you know that the process can come with a variety of concerns about how it will affect your children. Establishing a sound time-sharing arrangement and accounting for all of the facets of the kids’ lives can be difficult and requires genuine effort on everyone’s part if the plan is to succeed. But what happens when the children’s own wishes come between ...
Florida is home to hundreds of thousands of grandparents, but if you’re attempting to secure visitation rights with your grandchildren, it can be an uphill battle in our state. For years Florida law allowed for grandparents’ visitation rights, but a series of court rulings, in the name of expanding the right to personal privacy, have found the old law unconstitutional. Additionally, while the ...
In 2008, Florida’s family laws changed the face of custody. Common terminology turned from child custody and visitation to timesharing and parenting plans. Additionally, the Court no longer awards primary custody to one parent or the other. Instead, the Court awards timesharing to both parents, which are then broken down into a percentage of overnights per parent. Parenting plans delineate: Where ...
When two parents get divorced, the effects on their children can be significant. The stress and uncertainty kids tend to experience during the entire divorce process can turn into a level of anxiety they have never experienced before in their young lives. One of the most common results of this period of emotional turbulence is a phenomenon known as the “chameleon kid.” Simply put, a chameleon kid ...
With nearly two-dozen viable candidates for president seeking to distinguish themselves among voters, immigration has become even more of a hot-button issue over the past several months. Former Florida Gov. Jeb Bush, in contrast to most other Republicans in the race, has criticized many of his fellow candidates for their stances on immigration, while putting forth his own pathway to legal status ...
So you converted that extra room in your house to a guest bedroom only to see it collect dust. Instead of waiting for your family to visit once a year, you might consider putting the room to good use by becoming a host family in the au pair program administered by the U.S. State Department and other private agencies. The au pair program allows men and women from the ages of 18 to 26 who hold ...
