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Legal Advice

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How is Paternity Established in Florida? Part One: What is paternity, and how is it established out of court?

Definition of “paternity” as found in Merriam-Webster dictionary, “the quality or state of being a father”. In other words, the man who fathers a child is considered to have the paternity of that child. While this may seem obvious to a man who thinks he is the father of a child, there can sometimes be a situation when his paternity or fatherhood is called into question. Unlike the mother who bears a child and so is most definitely the mother, it can be unclear as to precisely who is the true father. Frequently, in the contemporary society of our modern...

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Does Divorce Have to be Filed in the Same State as Where the Marriage Took Place?

No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requirements as well. Some states have several ways to establish residency for divorce, but most states have a basic amount of time as the requirement. The proof of residency requirements can be for the person filing for divorce, or...

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What if My Spouse “Won’t Give Me a Divorce”?

There was a time, and in a few states, it is still true, if a couple wanted to get a divorce there must be a proven reason such as infidelity, abuse, abandonment, or mental cruelty. In Florida, for example, this is no longer the way divorce works. Now, if only one person in the couple wants a divorce, or dissolution of marriage as it is now termed, the court will grant their request. Florida is what is termed a “no-fault state.” While this sounds simplistic, it does not mean a person can just file for a divorce and get one without...

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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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