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Family Law

Home > Family Law (Page 2)

Timesharing Rights

Timesharing is the right of the minor child for frequent and continuing contact with the parents, not the parents’ right to see the child. It is, for this reason, the concept of doing away with primary and secondary custody and replacing this with parental timesharing, the main part of shared parenting, was instituted. Most states embrace parental timesharing, including Florida. It is still possible to have sole custody of a minor child in Florida if a parent is in jail, has been convicted of child abuse or domestic violence, is on drugs, or is mentally, emotionally, or physically incapable of...

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How to Avoid Bad Relationships

With the divorce rate in the United States hovering around 50%, the news media filled with daily reports of violent relationships, and doctors reporting illness caused be stressful relationships reaching an all-time high; it is time to think about how to avoid bad relationships. While it is true some good relationships go bad over time, most poor relationships could have been avoided if “red flags” had been taken seriously. There are many ways to avoid a bad relationship, and here follow some important considerations: Get to know yourself: Though it may sound “corny,” it is wise to take the time...

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Why Hiring an Attorney Before Your Case is Filed is a Good Idea?

Probably the reason most people wait until the last minute to hire an attorney is the cost. Many attorneys charge by the quarter-hour, and this can add up fast when having a conversation regarding a case not yet underway. While this is true, there are reasons it is a good idea to hire an attorney before your case is filed. Here are some of them: • An attorney can help you sort out the details of a case required to handle your concern such as a divorce, bankruptcy, or child support. • As detailed financial documents will be required, an attorney can...

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Why You Need a Prenuptial Agreement

Before looking at why a prenuptial agreement is needed, it is a good idea to look at what a prenuptial agreement is. A prenuptial agreement is a written document drawn up by both parties who are intending to be married. The document is written and properly signed, witnessed and notarized before the marriage takes place, It remains in effect the entire marriage unless both parties agree to change the document in a postnuptial agreement or cancel the agreement. In all cases, both parties must be in complete agreement, without coercion or force, to the contents of the prenuptial agreement. If...

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Timesharing- what 50/50 Really Means and the Level of Parental Involvement

For many years the custody of minor children following a divorce or separation of unmarried parents was ordered by appointing one parent as the primary custodial parent and the other as a secondary custodial parent or a parent with visiting rights but not necessarily the right to have their child spend an entire night. As time has gone on and research is done in the area of what is best for a minor child in this difficult situation, it has been shown that children do best when they are cared for and nurtured by both parents on an equal basis....

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Managing Stress and Anxiety During a Family Law Case

Managing stress and anxiety during a family law case can become a serious issue. Depending on the type of case will, to a certain extent, determine the level of stress and anxiety and the manner in which they are handled. If minor children are involved the level of concern is higher and the need for careful planning for managing stress and anxiety increases. Looking at some of the most frequent family law cases can help with managing techniques. Divorce or as it is now called, Dissolution of Marriage: In most cases the emotional involvement of both parties is high. This is...

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Forensic Accountants and How They Can Help

Divorce, for many, is a financially devasting experience. All financial information from past to present including bank statements, credit card charges, business dealings, property ownership, asset, and debt accumulation, trip and vacation expenses, incomes, and expenses must be out in the open for both sides to see. Ideally, a couple will be open and honest and take charge of their outcomes by compromising and agreeing to a marital settlement during mediation. Unfortunately, this does not always happen, either the open and honesty or the marital settlement. If there is no marital settlement, the case will then be scheduled for Family...

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Divorce Milestones

Filing, answer, discovery, mediation, depositions, trial, and more. It is strange to think of divorce as having milestones as these are usually associated with the life of a marriage or the growth of a child. A comprehensive definition of a milestone as it refers to divorce is provided by the Cambridge English Dictionary which defines “milestone” as “an important event in the development or history of something in someone’s life.” As with other of life’s milestones, divorce has its own set of milestones as the case moves from selecting one’s attorney to the final judgment signed by a judge. Even in...

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What not to do on social media during a divorce

The use of social media, which includes texting, e-mails, YouTube, Facebook, Craigslist, Twitter, Tumbler, comments, Snapchat, Instant Messenger, flicks, Pinterest, Instagram, and LinkedIn, has become almost the main way people communicate not only information but often explicit pictures and videos of how they live their lives. While this can be interesting and often entertaining, it can also provide a “not so private’ inside look at a person’s lifestyle, viewpoints, and even their physical appearance. While there is a sense of privacy for most of the social media in that you must be “invited” to view another person’s postings, that person...

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Who gets the dog?

Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts at the time of the final dissolution of the marriage. Unfortunately, in only four states is the possibility of court-ordered timesharing still a reality. Florida is not one of these states. In Florida, pets are considered marital...

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