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Legal Advice – Divorce attorney Delray Beach, Stuart Florida
One of the confusing issues that sometimes accompanies a divorce proceeding is calculating the marital portion of nonmarital property when marital money was used to pay down the principal note and mortgage. In other words, when one party has been buying a home with their own funds prior to the marriage, the home is considered nonmarital as it...
In Florida, when it is determined that biological or legally adoptive parents are fit physically, mentally, and have not been convicted of child abuse or domestic violence, or are incarcerated, the care and nurturing of minor children (children birth through eighteen or longer if a child cannot support themselves) will be granted by a timesha...
Attorneys cost money, and rightly so. They have spent years getting a legal education and then passing stiff state exams in order to practice law. And, if that isn't enough, attorneys must continually keep mindful of ever changing laws and regulations. Too, there is the expense of an office, a staff, and the myriad of expectations put on an a...
Going to court is often a scary thought, especially when you really have to go to court. Depending on your personal ability to handle stress can make a difference. There are, however, several tips for even the self-assured person to consider as he or she prepares for their day in court. Probably the most important tip is to make sure you...
Dissolution of marriage, i.e., divorce, is usually the vehicle that a spouse uses to receive child support and or alimony. However, there are instances when financial support is needed and rightfully deserved, but the needful party does not want a divorce. In such an instance, each state has its statutes defining how family law will be carrie...
Living with a spouse while going through a divorce is rarely an easy thing to do. To begin with, the very fact you and your spouse have deemed your marriage irrevocably broken means you no longer desire to be together permanently. This being said, it would not usually be the desire of a couple to continue to live together in the same home. In...
For many years the courts used the term “divorce” to signify the legal ending of a marriage. In those days, there needed to be reasons a marriage could be terminated, such as adultery, misconduct, and emotional or physical abuse. A reason for divorce had to be proven before a court would end a marriage. As time has gone on, however, there...
Social media, the blessing, and curse of the modern world. YouTube, Facebook, Tumbler, Twitter, Snapchat, Instant Messenger, Linkedin, Instagram, and Pinterest are examples of social media options. It is amazing to be able to talk with and see people around the world. You can take videos of activities, people, and just about anything the mind...
A retainer, What is a retainer in the legal sense, is an up-front fee paid by a potential client to ‘’retain” or hold the time and expenses an attorney may need to litigate a case properly. The definition of payment by retainer provided by the Legal Information Institute is “A fee that the client pays up-front to an attorney before th...
To better understand what you should bring to your initial consultation, it Is necessary to understand what an initial consultation with an attorney is designed to accomplish. There are several things to consider: An initial consultation is not a time when an attorney will be giving direct advice involving your potential case. Instead, i...
When considering this question, the first thing to clarify is the difference between legal advice and information. Advice: as defined by online Find Law states, “Legal advice refers to the written or oral counsel about a legal matter that would affect the rights and responsibilities of the person receiving the advice. In addition, actual...
It’s hard to believe that another year, particularly such a difficult one, is fast approaching what is known as the “holiday season.” These special times of celebration include Labor Day, Halloween, Thanksgiving, and Christmas. All of these events are traditionally family-oriented, and children play a central role in the celebrations....
Paying attorney fees, for most people, is one of the least popular parts of taking a case to a legal professional. And, one of the most asked questions is, “Will the other side be required to pay my attorney fees?” as hopefully getting help with paying attorney fees would be appreciated. In most instances, what is termed “The America...
Family Law consists of a variety of situations that a person or couple cannot resolve by themselves without the help of the legal system. Some of these situations include divorce, modifications, timesharing, child support, division of marital assets, adoption, and bankruptcy. In each of these cases, there will be several considerations which ...
Must we attend mediation? If you live in the state of Florida and plan to divorce (dissolution of marriage), have a minor child (child under the age of l8 or a child who is unable to provide and care for him or herself) and are looking to set child support and or timesharing including developing a parenting plan, or are needing to return to c...
Child support in Florida is mandatory, whether the parents have been married and are getting a divorce, have lived together and are separating, or have never lived together longer than to create a child. Family law in Florida is very conscientious regarding the care and nurturing of minor children and stands by the phrase "in the best interes...
In Florida, there are six kinds of alimony or, as now termed, spousal support. The change to the term spousal support is largely due to the fact support during and following a divorce can be awarded to either spouse, husband, or wife. For many years, alimony was almost always given only to a woman, and so a new term helps identify that either...
Communication, likely one of the most important social skills related to the human (and animal) species, is not something a person should take casually or for granted. How to use speech, emotions, and body language to effectively share information between two or more persons becomes a powerful tool, whether for a positive or a negative outcom...
As with any professional whom you seek out and retain for advice, and in the case of an attorney, representation on a legal matter, it is wise to follow the advice given. Before retaining the professional, you should feel confident he or she knows about and has experience in the field of expertise you need. In the case of a lawyer, you can ch...
Dress for success. This can be said emphatically for those who are having their day in court, be it attorney, client, or witness. So often, people form judgments based almost entirely on their first impression of another person and can be a plus or a minus depending on the opinion formed. For example, should a client be dressed in poorly fitt...
All parenting plans in the state of Florida must be approved by the court. This fact is important as not only must the parenting plan be approved by the judge when shared parenting, parental timesharing case is heard in court but also when a parenting plan is part of a marital agreement signed following a mediation. Parenting plans created du...
According to Wikipedia, the definition of no-fault divorce is “a divorce in which the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to pr...
In Florida the term “child custody” is not used except in special cases such as when a parent is in jail, a parent cannot care for a minor child due to severe mental or physical illness, a parent has been adjudicated guilty of child abuse, sexual abuse, or domestic violence, or a parent has an active history of drug or alcohol abuse. If o...
Parents love their children equally, and there is no presumption in favor of the mother or father. These words are the premise on which Florida Family law courts build their statutes regarding the care and nurturing of minor children following a dissolution of marriage (divorce) or separation of parents not married. What this st...
In the state of Florida, the awarding of child support is mandatory whether the parents have been married or even have lived together. When paternity is proven, a child is born during a marriage, ora child legally adopted, the issue of calculating child support will become a part of a dissolution of marriage (divorce), separation of parents, ...
Electronic evidence is fast becoming a vital part of testimony in a courtroom. In fact, cases have been lost or won on the basis of electronic evidence. These facts may sound scary, especially to those over 60, but they are a reality and must be taken seriously. Evidence, once it has been authenticated, can be used in the court. However, if a...
As with any situation where you have asked for advice and then decide not to follow it, there will usually be consequences. The effect of not following your lawyer’s advice, however, can really make a difference in the desired outcome of your case. Here are some likely consequences that may occur: Probably first and foremost is the fact ...
What is an annulment? According to the online legal dictionary, an annulment is “A judgment by a court that retroactively invalidates a marriage to the date of its formation.” In other words, legally, there never was a marriage between the two parties. In Florida, there are definite grounds an annulment can be obtained, and there is a leg...
There are few people today who are not familiar with a computer and/or phone on which they can search the web via Google to find answers for almost any question they can imagine. While this is an excellent source of information and often very helpful, it can also be a detriment to getting answers that are really the truth. In the area of info...
Sometimes the issue of deciding the biological and or legal paternity of a child is best done through the courts and thus letting a judge make the final decision. In Part one of this blog, the out-of-court ways to establish who the real and or legal father of a child are discussed. This part will tell you about using the Family Courts for a p...
