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Legal Advice – Divorce attorney Delray Beach, Stuart Florida
No, being separated is not a requirement for a divorce in Florida. In fact, in Florida, as in five other states—Texas, Mississippi, Delaware, Pennsylvania, and Georgia—legal separation is not formally recognized. A couple may choose to live apart, in other words, “separate,” but Florida courts do not have a legal status ...
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 an...
n states like Florida, unless there are special circumstances, there is no longer a primary custody parent for minor children between newborn and 18 years old, but rather a sharing of parental responsibility. This is termed “parental time-sharing.” Basically, this means parents will share equally in the care and nurturing of any minor chi...
To advocate, according to Black’s Law Dictionary, is “one who assists, defends, or pleads for another; one who renders legal advice and aid and pleads the cause of another before a court. A person learned in the law, and duly admitted to practice, which assists his clients with advice, and pleads for him in open court….” Taking this d...
According to US Legal, Inc. the definition of legal ethics in Family law “is the minimum standards of appropriate conduct within the legal profession. It is the behavioral norms and morals which govern judges and lawyers. It involves duties that the members owe one another, their clients, and the courts.” These issues of ethics include...
As was pointed out in the first and second part of this series, mediation is used frequently in Florida to try to resolve Family Court matters including dissolution of marriage, (divorce), child support and shared parenting, including developing a parenting plan, (child custody) and post judgment modification for alimony, child support and pa...
As pointed out in part 1 of this series, most jurisdictions in Florida require a mediation before a court date can be set for a dissolution of marriage (divorce), setting of child support and developing a parenting plan for parental timesharing for unmarried parents, and for post-judgment modification of alimony, child support, and parenting ...
Mediation, according to the Legal Dictionary law.com, is “the attempt to settle a legal dispute through active participation of a third party (mediator) who works to find points of agreement and make those in conflict agree on a fair result….However, mediation does not always result in a settlement.” As this implies, a mediator is a per...
Essentially, 50/50 equal time sharing and paying child support have little to do with each other except that both involve a couple being the legal parents, either by birth or adoption, of a minor child. Taking a closer look at both 50/50 equal time sharing and paying child support the following is important to note: Equal time sharing: In F...
The word “subpoena” comes from “suppena”, Middle English and “sub poena”, Latin, both meaning “under penalty” It is interesting to note that even though the word has English roots, in England the term subpoena is no longer used but the phrase “written summons” is used instead. Actually, “written summons” is a good, bri...
In Florida, most jurisdictions handling contested divorce (dissolution of marriage) require the case to go to mediation before it can be assigned a court hearing date to be heard by a judge. As mediation allows each party, with the help of their attorney, to hopefully be willing to compromise and work out a marital settlement agreement satisf...
Guardian Ad Litem (GAL) comes from Latin and, is defined by the online Legal Dictionary as “a unique type of guardian in a relationship that has been created by court order only for the duration of legal action. Courts appoint these special representatives for infants, minors, and mentally incompetent persons, all of whom generally need hel...
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 h...
For 75 years tax laws surrounding alimony have stayed the same. This has meant the person receiving alimony would pay taxes on the amount and the person giving alimony could take the amount of alimony as a tax deduction. While this may not seem significant, for those in high-income tax brackets an increase or decrease in taxable income can ch...
All clients, no matter the business or professional arrangements have expectations as to how they expect the situation to proceed and what they perceive the final outcome to be. This is certainly true when it comes to working with an attorney. Most clients have preconceived ideas as to how their case should proceed and what they hope for as s...
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 di...
Unfortunately, there is no time frame allotted for getting child support. While the party desiring child support may feel it is an emergency, the legal system has its specified procedures which must be followed before adjudication for child support will be finalized by a judge. Taking a look at the procedures needed to obtain child support wi...
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 pre...
How do I know if I’m headed for divorce? There are many signs—some predictable, others sudden—that indicate a divorce may be likely. Here are 6 key reasons you could be headed for divorce. 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 f...
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 m...
The title, “Domestication of a Foreign Order”, implies the order needing domestication is from outside the United States. While this is true in some instances, the majority of orders in this category result from moving to another state outside the state where the order was adjudicated. We live in a mobile society. Many people move from...
For alimony and standard of living, the “standard of living” during marriage refers to the lifestyle the spouses maintained while married, which courts consider when determining the appropriate amount of alimony. One of the most disputed and controversial aspects of a dissolution of marriage (divorce), is the type and amount of alimony...
You are sitting in an attorney’s office waiting to meet the attorney you are considering or have chosen to represent you in a legal matter, be it civil or criminal. You have a whole list of things you want to tell and ask the attorney and you are even ready to write his or her answers down.The next half hour or so is important and could eve...
It is very tempting to record conversations a spouse is having with someone who can demonstrate that a particular fact is indeed true in regards to a certain situation in a case such as a dissolution of marriage (divorce). For example, in Florida, you might believe your spouse is funneling important marital assets, that are property, real or ...
Professionalism: The conduct, aims, or qualities that characterize or mark a profession or a professional person.” Merriam-Webster In many ways, professionalism is the key to determining if a person in the legal profession is truly committed to their client's goals and needs. When looking for an attorney to represent you in any type of l...
Definition of “impeachment of a witness” from Black’s Law Library: “where the believability of a witness is questioned that is based on the testimony of other witnesses.” Believability in a courtroom refers to whether a witness is speaking the truth. While most persons will be truthful, there are exceptions and if it can be prove...
To begin this blog a definition of “legal appeal” is necessary. Online Legalzoom states the following: “An appeal is a request made to a higher court to review a decision made by a lower court. It is not a rehearing of the case you presented” No, a trial is not the mandatory end of the road in a Family Law case decision in Florida....
As time moves more and more into the age of technology, the use of cellphones with the capability of texting is becoming almost as common as the use of what is now termed a “land line”. Particularly with the younger age group, they use cell phones almost exclusively, and studies show that many senior citizens are learning and liking the u...
The very word “profession’ denotes there is supposed to be professionalism around somewhere, but where is the somewhere? Unfortunately, due to much unprofessional behavior among lawyers over the years, it is a joke in some circles that there probably isn’t a lawyer left practicing professionalism. This of course isn’t true and hopeful...
Working with an attorney is much like meeting that special person in your life and developing a personal relationship. It takes time. During this time interrogative questions are asked and answered and evidence such as meeting parents or seeing the actual workplace come into play. This blog will take an in-depth look at both Request for Produ...
