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divorce Tag

Home > Posts tagged "divorce"

What not to do on social media during a divorce

The use of social media, which includes texting, e-mails, YouTube, Facebook, Craigslist, Twitter, Tumbler, comments, Snapchat, Instant Messenger, flicks, Pinterest, Instagram, and LinkedIn, has become almost the main way people communicate not only information but often explicit pictures and videos of how they live their lives. While this can be interesting and often entertaining, it can also provide a “not so private’ inside look at a person’s lifestyle, viewpoints, and even their physical appearance. While there is a sense of privacy for most of the social media in that you must be “invited” to view another person’s postings, that person...

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Who gets the dog?

Who gets the dog, or any other treasured pet, when there is to be a divorce? One would think that, since most pets are treated as a part of the family, the courts would also consider them as such. This would mean that visitation rights or timesharing rights, as time spent with minor children is now referred to, would be granted by the courts at the time of the final dissolution of the marriage. Unfortunately, in only four states is the possibility of court-ordered timesharing still a reality. Florida is not one of these states. In Florida, pets are considered marital...

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Preserving Electronic evidence

With more and more states allowing evidence found on electronic devices such as computers and iPhones it is essential that persons needing such evidence to support their claims learn how to preserve evidence stored on their electronic devices. Of course, there is the other side of the coin where when someone does not want evidence found on their electronic devices to be used, they too need to be careful. For, if it can be shown that evidence was intentionally deleted to the point where even a computer forensic specialist could not retrieve it, the court will not be pleased and...

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Divorces on the Rise?

Divorce, or dissolution of marriage as it is termed in most states, has, with little exception, been on the rise since the early 1900s when the divorce rate was around 5%. Back then, women had few rights and were usually not in a position to support themselves should they seek a divorce. Men were even allowed to abuse their wives as in the eyes of most people; the woman was the property of her husband. Slowly, as woman gained the right to vote, to own property, to get a university education, to work outside the home, and to have the...

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In What Order Does the Court Handle Issues?

PEACE (parenting plan, equitable distribution, alimony, child support, everything else like attorney fees) As with most official situations involving a series of issues, when it comes to dissolution of marriage (divorce) the court will have an order to determine the outcome of resolutions in question. In Florida, there is an acronym, PEACE, which represents the order the court will use to handled is solution of marriage once the case is heard in a courtroom before a judge. Here is what each letter of PEACE stands for: P—parenting plan: In Florida, all couples who are parents of a minor child, either by...

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Attorney Fees-In Florida, Which Party Has to Pay Them?

Sometimes, when a couple agrees on all issues and has no children or jointly owned real property, they can handle getting a divorce without the help of an attorney. There will still be court costs but no attorney fees. For couples who must use an attorney to obtain a divorce successfully, the cost is significant and can become a hardship and bone of contention. This is especially true if one or the other party does not want the divorce, if such reasons as adultery or abandonment are the cause, or if one party is better able to afford attorney fees. While...

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Is Being Separated a Requirement for a Divorce in Florida?

No, being separated is not a requirement for a divorce in the state of Florida. In fact, in Florida, as in five other states, Texas, Mississippi, Deleware, Pennsylvania, and Georgia,legal separation is not recognized.A couple can choose to live apart, in other words, “separate” but the Florida courts do not have a way to make this legal. However, particularly if minor children (children under 18 years of age or special needs adults) are involved the courts, usually with the help of mediation, can adjudicate issues including child support, child custody, visitation, and division of property. When determining child support payments,...

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When to Switch to a New Attorney

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 and it may be time to switch to a new attorney.  Changing attorneys during a case can and does happen. Here are some of the reasons why: Lack of prompt and meaningful communication is probably the most frequent cause for concern. Of course, attorneys are busy...

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How a Parenting Coordinator Can Help

In states like Florida, unless there are special circumstances, there is no longer a primary custody parent for minor children between ages new-born to 18years but rather a sharing of parental responsibility. This is termed “parental time-sharing.”Basically,this means parents will share equally the care and nurturing of any minor children born or adopted to them as a couple. (The parents do not have to be or have been married.)Additionally, as part of the parenting plan required by the court, all major decision making must be shared in the areas of education, medial, discipline, and religion. While all the above plans for...

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