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For many couples, especially older couples who have been married before and have experienced a difficult and heart-wrenching divorce, the idea of a prenuptial agreement makes a lot of sense. While prenuptial agreements may not seem particularly romantic, they are a very practical way of ensuring that should a happily ever after turn into a ti...
Alimony, or as it is often called, spousal support, is a monetary award given to one party in a divorce (dissolution of marriage). As each state has its own statutes spelling out exactly how to obtain a divorce in that state, alimony is one of the topics covered. Therefore it is important to check the statutes of the state where the couple re...
Division of assets in a divorce, or as it is now termed, a dissolution of marriage, is often considered, after the fate of minor children, the most difficult and heart-wrenching aspect of divorce. Material possessions, as well as property obtained after the marriage, referred to as marital assets, can hold a great deal of sentiment, as well a...
Spousal support in Florida is a somewhat new term used in a divorce to take the place of the word alimony. For many years alimony was almost always awarded to a woman, but that has changed. With the rise of women in the workplace, sometimes earning more than their husbands, support after a divorce can, and often does, go to either the husband...
Divorce, or as it is now usually termed, dissolution of marriage, is not something most people want to have happen to their happy ever after marriage. In fact, it sometimes happens one of the parties in the divorce does not want the divorce and refuses to cooperate or sign a marital agreement. Each state has statutes determining how divorces ...
Family law is civil, not criminal law. Just as the words “family law” suggest family law focuses on issues needing professional Family Law Attorney legal advice and representation relating to family concerns such as child support, parental timesharing, divorce, alimony, distribution of marital assets and liabilities, pre and post-marital ...
No-fault divorce is now a reality in all states except Illinois and South Dakota. For many years there needed to be a reason, such as adultery or extreme cruelty, for a couple to divorce. Not anymore. If you want a divorce and follow the proper state guidelines to obtain a divorce, you can, without the other person’s consent, obtain one. ...
Grey divorce, what is it? The term grey divorce emerged several years ago when research began to show that while the divorce rate in the United States was finally beginning to move below 50 percent, what was slowing this drop was the significant increase in divorces among those with grey hair, that is generally the over 65 years of age group....
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...
