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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. ...
Peace on earth and a Happy New Year is wished to many from family and friends. However, for those who have minor children (children born or adopted to the couple from birth to age 18 and beyond if a child cannot support themselves for physical or mental reasons) and have gone through a divorce, there is often not such a peaceful outlook for t...
The question, should we tell the kids we are getting a divorce? has an answer in the affirmative, but that answer will have a lot of considerations attached to it. Let’s look at the how, when, what, and even where you can tell your kids you are getting divorce. The first consideration is the age of the children in question. Usually, the ...
A bonus is an amount of money paid to an employee over and above their regular paycheck. In most instances, a bonus occurs once a year, often at the end of the year though there are times when a bonus is paid more often. Sometimes the bonus is paid simply because the employee has completed a given amount of time with their organization, and a...
If you have gone through a divorce or separation involving minor children, you and the court will have established a parenting plan and a timesharing arrangement. The information included will be a part of your divorce decree ordered by a judge, and it must be followed, even during the holiday season. As the holiday season fast approaches, it...
It is highly unlikely anyone would find going through a divorce to be relatively stress-free. In fact, going through a divorce is usually extremely stressful, often resulting in sleepless nights, weight loss, emotional outbursts, feeling of abandonment, and a sense of loss, particularly loss of self-esteem. While there is no magic pill or pot...
How long does a divorce take is a question that essentially has no specific answer other than it takes as long as it takes to complete the entire legal process of dissolution of marriage (divorce)? There a many factors that will influence the actual time it takes to get a divorce. As each state has its own set of rules and guidelines surround...
In Florida, when there are minor children and Family Court must be involved in their wellbeing, there are firm guidelines regarding how the child’s care and nurturing should occur. These guidelines apply to all couples who have created or adopted a child together, whether they were ever married or even lived together. In Florida, all parent...
Texting, that is, sending messages to another person’s phone, has become a way of communication for many people. It is much like writing a letter, except the information is immediately sent and received. In most circumstances, a person simply enjoys the message and responds if appropriate. However, there are times when a person must be very...
The motto of the Florida Family law, Court when it comes to minor children is “in the best interest of the child.” A minor child is a child from birth to age l8 or beyond if the child cannot support themselves for physical or mental reasons. Every attempt is made when the court must decide how a minor child will be cared for and nurtured ...
For many years it seemed when it came to parents of minor children seeking custody and child support following a divorce or separation that the courts generally ruled in favor of the mother receiving primary custody and the father paying child support. Times have changed. There is no longer favoritism when it comes to the care and nurturing o...
Hiring a lawyer is usually a serious consideration and should not be done hastily. You should take your time deciding the right lawyer to represent you, one that meets the needs of your particular case. By checking out several lawyers who are licensed to serve your judicial county, you can check for qualifications such as education, years of ...
To begin with, you have likely taken time to investigate several lawyers before you settled on the lawyer who will be handling your case. Such considerations as education, mission statements, years in practice, extra credentials such as Licensed Supreme Court Certified Civil Mediator, and in Florida, Bar Board Certified all make for a legal p...
It is very likely that sometime during your life, you will need to use the advice and perhaps the representation of an attorney. For many years the Yellow Pages were where you would look for an attorney in your community along with asking for suggestions from family and friends. Not any more. Today the way to look for an attorney involves not...
Before looking at the role of a forensic psychologist in child custody cases, it makes sense to look at the definition of a forensic psychologist and what their role is. As defined by the American Psychology Association, it is “the application of clinical specialties to the legal arena.” In other words, according to author Jane Tyler Ward...
Mediation is the agreeing of two parties to solving a legal issue such as a divorce or child support modification by the process of compromise. Each party is usually represented by their attorney, who helps the party look at all offers and consider if a compromise can be reached, and the issue solved. Reaching an agreement in mediation is les...
The answer to this question is really more when you should tell your children you are getting divorced. Eventually, even a very young child will find out Mommy and Daddy do not live together anymore. What is important is to think about a number of considerations before sharing the sad news with your children. Here are some tips to help you th...
In a dissolution of marriage (divorce), Florida is an equitable distribution state for dividing marital assets and liabilities, including real estate, which includes marital homes. While a judge will often order a marital home sold and the equity divided 50/50, there are other ways the marital home asset can be handled. Equitable means fair r...
Before looking at how a forensic accountant can assist in a dissolution of marriage (divorce), it is important to understand the job qualifications associated with forensic accounting. A person using this title is someone who is trained and educated, and licensed to investigate and give qualified reports in the areas of accounting, audits, an...
Dissolution refers to the now used term dissolution of marriage that replaces the term divorce. Dissolution comes from the word dissolve, which in effect is what happens to a couple’s relationship. When minor children are involved by virtue of the fact they were born to or adopted by the couple, there are dynamics involved requiring co-pare...
How does the Board Certification of a lawyer help the client? As mentioned in part one of the blog Florida's Bar Board Certification, in l982, a voluntary program to help the public select lawyers distinguished in their special area of law was organized to be officiated by the Florida Supreme Court and administered by the Florida Bar. The ...
Description of the program and what it means to be Board Certification. For many years there was no way for the public to select lawyers distinguished in their particular area of law. Then, in l982, a voluntary program officiated by the Florida Supreme Court and administered by The Florida Bar was created called Board Certification. A lawy...
One of the most difficult issues to mediate or for a judge to rule on is the division of assets and liabilities. In other words, how will marital monies, properties, businesses, and debts be divided between the two spouses? In some states—Oregon, Nevada, Texas, Arizona, New Mexico, California, Wisconsin, Wyoming, and Louisiana—all assets ...
To start, it is important to understand the terms referenced in the title, “The Importance of a Guardian Ad Litem in a Dissolution Case.” Guardian Ad Litem Is a trained person whom a court may appoint to look into solutions that are in the best interest of the child. In Florida, the motto of Family Court is “in the best interest of t...
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...
In many states, including Florida, mediation is required for most cases before the case can be scheduled for a court date. This is done for a variety of reasons which, in the end, if mediation is successful, can be a win, win for both parties. Mediation is where both parties and their attorneys try to agree on the outcome of the case in quest...
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...
