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Divorce Law News

Home > Divorce Law News (Page 4)

When to Switch to a New Attorney

You have done your research, met with some attorneys specializing in handling situations involving your concerns, chosen the attorney you felt the most comfortable with and had confidence in, and your particular case is well on its way to being decided. Without intending there to be problems with your attorney, several issues have surfaced and it may be time to switch to a new attorney.  Changing attorneys during a case can and does happen. Here are some of the reasons why: Lack of prompt and meaningful communication is probably the most frequent cause for concern. Of course, attorneys are busy...

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How a Parenting Coordinator Can Help

In states like Florida, unless there are special circumstances, there is no longer a primary custody parent for minor children between ages new-born to 18years but rather a sharing of parental responsibility. This is termed “parental time-sharing.”Basically,this means parents will share equally the care and nurturing of any minor children born or adopted to them as a couple. (The parents do not have to be or have been married.)Additionally, as part of the parenting plan required by the court, all major decision making must be shared in the areas of education, medial, discipline, and religion. While all the above plans for...

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Divorce Is Not an Ending but A Beginning

Divorce, or as it is now termed, dissolution of marriage, can for many seem the end of the road. This is particularly true in long-term marriages or in marriages where just one partner desires the divorce. And, if the reason for desiring a divorce is another woman or another man, the distress is usually multiplied many times over. Being rejected is probably one of the most hurtful of human experiences and one that puts a huge damper on a person’s ego. In our culture, divorce can be looked upon as “too bad,”and “it was likely your fault in the first...

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When is 50/50 Equal Timesharing Proper and When Is it not Proper?

As each state has its own laws regarding the care and nurturing of minor children following a separation or divorce of their biological or adoptive parents, this blog will focus on the state of Florida. For many years Florida, as in most states, awarded the custody of minor children to one or the other parent. Children lived with the parent having primary custody and the parent given secondary custody would receive visitation rights which may or may not have included overnights with their child. Decision making usually rested with the parent holding primary custody which often left out the other...

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Who Gets the Dog?

About two years ago a well-received movie who gets the Dog gained the attention of many Americans. The theme of the movie revolved around a couple who had a beloved dog that neither was willing to part with because of their pending divorce. While the movie provided a great deal of humor, in reality, it isn’t funny when a couple desires a divorce but neither party wants to give up claim to a treasured dog. Since the movie, public awareness of the “who gets the dog” issue has increased and courts are being pressured into making the guidelines for the...

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How Long Does a Divorce Take? How Long Does a Paternity Agreement Take?

In reality, the answer to both questions is “it depends on the complexity of the case, the backlog of the court, competency of representing council, and how fast facts, proof, and witnesses can be appropriated and put together. As each state has their own set of guidelines, as found in their statutes, there is no absolute amount of time prescribed for either the length of time it takes for a divorce or for a paternity agreement. Taking one subject at a time, there are issues which can be at least itemized in sequence, if not in length of time. Taking...

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Am I Headed for Divorce?

How do I know a divorce is likely in my future? There are many signs, some known ahead of time and some that come as horrible surprises, to indicate the likelihood a divorce will happen. Here are 6 of these reasons: You have been served with divorce papers and now have 20 days to answer the petition for dissolution of marriage, the term used in most states for “divorce”. You are certain there has been infidelity. This certainty can come from situations including finding your spouse in bed with another, frequent late nights which turn out to be lied about,...

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How to Strategically Plan for a Divorce

Strategic planning sounds like something one does when fighting a war. And, in truth, many divorces are much like a war, with opposing sides, each trying to win the battle and take home the spoils. Sad as this seems, especially as at one time there was love and the hope of a future lifetime together, it is a reality, for at least 50% of the marriages in the US will end in divorce. So, as in war, it is best to strategically plan, usually and most advisably, with the help of an experienced Family Law attorney. Whether you are the...

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Alimony and Standard of Living Factor

For alimony, what does the factor “standard of living” during marriage really mean as a factor to determine the amount of alimony? One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony (spousal support) to be awarded to whichever party deserves the support. This is especially true in what is called “high end” or “high earner” marriages. Sometimes millions of dollars are at stake and, while a couple can, and often do, create their own settlement during a mediation prior to a court hearing (in the state of Florida a...

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All About the “Talking Parents” Communication Website and How it Compares to Florida’s Family Wizard Site

Even in the best of circumstances surrounding the break-up of a family with minor children, meaningful and polite communication is often difficult to achieve.This is made even more difficult when one of the main reasons the marriage broke down was poor and sometimes volatile communication. While a judge can order reasonable communication it seems there are many instances when reasonable communicating between two parents is just about impossible. There is just too much emotion and often anger involved. So, in many states, “technical” means for the two parties to communicate have been developed. In at least 35 states, for example, there...

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