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Sunset clause, what is it, and why would a couple put one in their prenuptial agreement? Before answering that question, it is important to examine what a prenuptial agreement is, as this will help explain the possible need for a sunset clause. Prenuptial agreement: sometimes, before a marriage takes place, the couple will have concerns ab...
Child custody in Florida is mainly concerned with the concept of parental timesharing, which includes the equal care and nurturing of children (a minor child is from birth to l8 years of age unless the child is unable to support and care for themselves due to physical and mental reasons). Included in the care and nurturing are terms of overni...
A prenuptial agreement is a legally binding agreement between two parties entered into before marriage and is usually drafted by a prenuptial agreement attorney. While Florida law does not require an attorney to prepare a prenuptial agreement, it is wise to do so to ensure the agreement is valid and acceptable to the court. If a divorce becom...
What to wear to court is a question most people ask, especially if it will be their first time as a witness or having their case heard by a judge and or a jury. While individual states will often have different laws and guidelines for legal matters, what to wear to court is basically the same, no matter the state. To begin with, the word ...
Going to court is not the same as going to a job interview, although there are some similarities. You will be the center of attention when it is your turn to take the stand, and you will be asked a number of questions. Even if you are not taking the stand, you will be expected to follow the dress code and etiquette required by the Florida Cou...
A divorce mediation attorney who is knowledgeable and supportive in helping you navigate a mediation can make a tremendous difference in the positive or negative outcome of your divorce. Each state has its own rules and guidelines regarding divorce and mediation, so this blog will look at Florida, where mediation, before a divorce can be sche...
Bankruptcy and divorce are both difficult decisions to consider, and considering them at the same time raises some concerns and questions. Financial concerns are often the focal point of divorce. Research has shown that how to divide marital property, both personal and real estate, has caused more stress and frayed nerves than other aspects o...
Divorce mediation in Florida is extremely common as most jurisdictions require a couple to attend mediation for a divorce before a court date can be set. Mediation is a meeting of both parties and their legal professional(s) with a mediator who will guide the proceedings by helping to keep emotions calm and finding ways to a possible resoluti...
To modify, according to dictionaylaw.com, is “a change in an existing court order or judgment made necessary by a change in circumstances since the order or judgment was made or to cure an error.” In Florida, post-judgment modifications can be made to alimony, child support, parental timesharing, and the parenting plan. No changes to an e...
Concierge, the definition from Miriam Webster's online dictionary: “a person or service that provides assistance with personal business.” Concierge lawyer, the definition provided online by Philip L. Chapman, legal counsel at Brown, Moskowitz & Kallen PC, “is a trusted advisor who helps clients make informed business decisions and p...
Lawyer Retainer Fee Lawyers charge a fee for their services, as most people do for professional services. Their fees may seem high, but when you consider the years of education and the number of exams it takes along with ongoing educational requirements by the Bar, most lawyers charge an amount reflecting their accomplishments. It is always ...
Before exploring how a forensic accountant can save you money in a divorce, it is necessary to understand what a forensic account’s job title entails and why someone qualified as a forensic accountant can testify in court on your behalf even though they have not been an eye witness to your case. A forensic account is a person who is educate...
What you need to know about same sex marriages and domestic partnership in Florida When explaining the difference between domestic partnership and marriage, it is necessary to look at the definition of each type of relationship. According to Wikipedia, the online dictionary: “A domestic partnership is an interpersonal relationship bet...
Is it going to actually pass as a law? The presumption of 50/50 timesharing is a hot topic concern in the halls of justice in Florida. For several years the family law community has been debating whether to take the 50/50 timesharing issue from letting a judge determine its usage for the care and nurturing of minor children to making this ...
All About The “Talking Parents” Communication Website And How It Compares To Florida’s Our Family Wizard Site Raising children with care and nurturing has never been an easy task, no matter how many years you go back in history. The responsibility of seeing to the physical, emotional, mental, and spiritual development of a human child ...
Get Professional Legal Help When Writing a Prenuptial Agreement Prenuptial agreements in Florida are becoming more and more popular as there are more second and beyond marriages where parties have been “burned” by a previous divorce. Everyone wants to think that their marriage will last until death do they part, but in the United State...
How does alimony work with timesharing The quick answer to do I pay alimony with 50/50 timesharing is yes if alimony is ordered. Occasionally, however, the requirements for alimony are not met, and alimony will not be awarded at the same time a 50/50 timesharing will be awarded. In legal fact, the awarding of timesharing and the awarding o...
If you are headed for a divorce, it is in your best interest to retain an attorney before deciding on the finality of your decision. Even if you think you can “go it alone” in the divorce process, it is wise to at least seek professional legal advice to help you think through the process to make sure you understand how the process works. ...
For many years it seemed that family courts were biased in favor of one party or the other in a divorce, especially when minor children were involved. As time has gone on, however, family courts have changed in the way they administer justice until there is now no favoritism in a judge's decision regarding divorce issues such as alimony, chil...
How to manage when your school-age children are not in school Trying to figure out how to manage summer timesharing with your school-age children when they are not in school, especially during the several weeks of summer vacation, is a challenge. Typically, when parents of minor children (children from birth to l8 years and beyond if a chi...
Going through a divorce is rarely easy and never without stress. Even when both parties want the divorce and there are no children involved, there will be stress. Stress can come in many ways, including the disagreements as to who gets what, from the delay in the time it takes to complete all the necessary steps to a final decree, to emotiona...
Alimony payments, frequently referred to as spousal support, is a monetary amount awarded to either spouse based on a variety of factors, including: A proven need for alimony must be present. It must be shown that a party needs alimony to manage finances during the transition from married life to single life. A party does not have the...
Yes, if you have been ordered to pay child support, you cannot waive that responsibility. Even if you have no visitation rights, you must still pay your ordered child support. In Florida, child support and visitation rights are two separate issues, one not depending on the other. In fact, if you don’t have visitation rights and are hoping t...
Gone are the days when a handshake was all that was needed to secure a service that would be paid for when the work was completed. Unfortunately, some people will take advantage of a situation where they think they can get the work done and then walk away without paying. And an attorney deserves to be paid for their work. Many years of educat...
The simple answer to the question What is the difference between alimony and child support is that alimony is a payment made from one spouse to the other for various issues involving support or deserved monetary award. In comparison, child support is a payment from one spouse to the other to help pay for the care of a couple’s minor childre...
The quick answer to the question, can I get a divorce in Florida even if my spouse doesn’t want one? is yes. In Florida, a no-fault state, all that is necessary is that one party needs to plead irreconcilable differences. The other party doesn’t have to agree or sign anything for a divorce to be completed. That being said, the spouse want...
Hiring a lawyer is an important step in planning and negotiating most legal proceedings. As to the exact time to hire a lawyer, the answer, in most cases, is the sooner, the better. But why is this so? What about trying to save some money and see what you can do on your own first? Looking at planning a divorce, for example, you will see there...
For many years, when there was a permanent separation or divorce involving minor children—whether biological or adopted—the court would typically grant one parent primary custody while the other parent received visitation rights. Minor children were defined as those from birth to age 18, and in some cases beyond if medical or mental condi...
According to the online Legal Information Institute, the definition for attorney-client privilege is as follows:” Attorney-client privilege refers to a legal privilege that works to keep confidential communications between his or her attorney secret. This privilege is asserted in the face of a legal demand for the communications, such as a ...
To determine how much a case would lawyer cost, a lawyer would need to be able to see into the future. Even when a lawyer charges a flat fee for a case, there will still be other costs to consider. Let’s take a look at some of the costs a case could encounter, ones a lawyer would have no way of knowing in advance of a case’s conclusion. ...
