Relocating With A Child After A Divorce

Florida Statute 61.13001 governs relocating with a child after divorce in Florida. Relocation is moving the child’s principal residence more than 50 miles away for 60 days or more. A vacation, temporary travel, or a necessary trip to a health care facility is not relocation. Before relocating, the parent must consider the child’s entire extended family, parents, stepparents, grandparents, and guardians. A parent who is relocating needs a new child custody order with a new time-sharing plan. The relocation is beneficial to the child if it improves his standard of living, places her in a better school district, or is closer to his or her grandparents.

Mediation After Divorce In Florida

You must decide where and how your child will live and where he or she will go to school. You’ve learned that an amicable relationship between you two parents and a good relationship with each of you is important to your child. Understanding and agreeing with your co-parent is less stressful and less expensive than contesting the relocation.You won’t have to go to court or pay legal fees and court costs. Look at the whole picture. How long did it take you to build your practice? How long did it take you to get into the position you’re in now? Have you
acquired vacation property or opened a new store or office? Your money is better spent on time with your child, on his or her education, or on a future vacation. You two can’t possibly know the future, but you can understand child custody rights. Custody can be:

• Sole
• Joint
• Joint legal
• Joint physical
• Third-party

Child Custody After Divorce in Florida

If one parent has sole custody, the custodial parent makes all legal decisions for your child. The noncustodial parent pays financial support and has specified visitation days and hours with your child. Joint custody allows your child to live with each parent and enjoy all the opportunities each parent provides, but one parent may spend more hours with the child than the other. Joint legal custody allows both parents to make decisions for the children regarding their education, religion, medical care, and choice of friends. Joint physical custody gives both parents equal time with the child. Third-party custody is typically given to a family member. A grandparent can be granted child custody rights if a parent is unfit or died after divorce in Florida. A custodial grandparent needs financial support and medical benefits for the child.

Relocation by Consent

Relocation by consent after divorce in Florida requires the moving parent to obtain the signed consent of all the people entitled to access to the child. The new agreement must be ratified by the court, but a hearing is not necessary. The new agreement must include a new time-sharing schedule and clarify how the children will travel from parent to parent to satisfy the new agreement.

Relocation by Petition

If the relocating parent is unable to get an agreed relocation order, that parent creates and files a petition to relocate in Florida Circuit Court. Every parent, stepparent, grandparent, and guardian involved must be served with a copy of the petition. The petition, signed under oath, must state the physical address of the intended residence and its mailing address, telephone number, and the date of the relocation. If employment is the reason you’re relocating, your job offer is within the petition. The petition must end with a statement in capital letters telling those opposed how to object to the relocation petition.

Objection to Relocation

A parent has 20 days to respond when served with a petition to relocate after divorce in Florida. If you do not file a timely response, the court can order the relocation plan without a hearing. Our child custody rights lawyer in Florida is a trustworthy mediator who can skillfully find creative solutions to your relocation dilemma. Our attorney is also a fierce litigator always ready to go to court to object to the other parent’s relocation with your child. A hearing will be scheduled in 30 days after receipt of your petition to object with a trial in 90 days. The court can reject your objection or the relocation plan itself if either petition does not contain all the facts required by Florida law.

Your objection must be factual. Clearly show your involvement with your child, your contribution to your child’s support, and state how relocation is likely to effect your child. For example, your son is doing well in school, just joined a soccer team, and doesn’t want to leave his half-brother and his friends. The judge will consider your child’s age. If your child is 14 years old or older, the judge may let your child decide where he or she wants to live. Judges keep siblings together for emotional support.

Biological Fathers

In Trimble v. Gordon, 430 U.S. 762 (1977), the United States Supreme Court ruled that state courts can rule that a man other than your child’s biological father is your child’s dad. Competing presumptions in a highly contested custody case have been won either way. The Uniform Parentage Act gives equal rights to unmarried parents regardless of one parent’s divorce in Florida. DNA and blood tests determine whether a man is a child’s father with 100% accuracy. Our family lawyer in Florida may be able to help you gain a relationship with your child if his or her mother is relocating. A biological parent who never visited his or her child may have no child custody rights or a claim with merit. If you’re the noncustodial parent, you need to stay in your child’s life because you can lose your child custody rights after divorce in Florida.

Modification of Existing Custody Order

Substance abuse and domestic violence are grounds for a custody hearing after divorce in Florida. If you got arrested for driving under the influence of alcohol with your kids in the car, our family conflict lawyer in Florida can help with a domestic order of protection against the at-fault party for the children. Good people make mistakes they later regret. If you’re truly sorry, consider your business and your reputation. Your children need the financial support of both parents. Our family lawyer in Florida may be able to help you negotiate a positive outcome after your conviction.

Relocating Without Consent

If you move more than 50 miles away from home with your child without a new custody order and time sharing plan, our family law attorney can try to help you avoid contempt of court proceedings. You can be ordered to return the child or face sanctions during the modification of your parenting or time-sharing plan. Our child custody lawyer in Florida can help you if you have relocated with your child without consent of the court.

The court considers the child’s age and current needs. How will the relocation impact the child’s development? Will the relocation improve the child’s future? Are both parents current and participating in their obligations to their child after divorce in Florida?

Law Office of Erin Morse

Call our child custody rights attorney to discuss relocating with a child after divorce in our conveniently located Orlando, Florida, law office. Our family law attorney devotes her entire practice to family law: divorce, child custody, child support, military divorce, modifications, paternity, parental time-sharing and visitation. She’ll help you negotiate a brighter future. Our family law lawyer in Florida can also serve as a guardian ad Litem in a contested custody case.

Understanding Types Of Alimony

Alimony is also called spousal support or maintenance. It is a concept that allows a spouse with superior financial resources to support a former spouse up to the point that they can support themselves. It is also meant to ensure that each spouse maintains their former life status after a divorce. Alimony may either be awarded as a lumpsum, by monthly installments, or by combining the two options. Awards for maintenance require compelling arguments that prove that a spouse requires financial support to either support their former living standards or to help them get on their feet. It is advisable to hire a divorce lawyer to help make a strong case that ends in an order for alimony. Here is some basic information about the types of alimony in Florida and the circumstances under which each of them is awarded.

According to Florida Law, spousal support is awarded under the following circumstances:

  • To even the gap between a spouse with superior financial resources and one with meager financial resources
  • To be rehabilitative
  • To help a person become financially independent

Types of Alimony

Alimony in Florida is not the same as punitive damages. While punitive damages are meant to punish the wrong doer, alimony ensures that both parties in divorce get a fair ruling in terms of financial well being. It is a means of recognizing that one spouse has more skills and resources than the other and is much able to support themselves going forward. The court’s judgment on alimony in Florida is based on the length of the marriage.

Marriages can be classified as follows:

  • Short-term – A marriage that does not last beyond seven years
  • Moderate-term – A marriage that lasts for 7-17 years
  • Long-term marriages – A marriage that lasts beyond seventeen years

Temporary Alimony

This type of spousal support is awarded during divorce proceedings. It is also called alimony pendent lite. Temporary alimony is terminated once the court grants a divorce decree and replaced by any of the other types of alimony in Florida.

Rehabilitative Alimony

When a spouse wants to pursue vocational skills training or an education program so they can get employment and be self-sufficient, the court awards them rehabilitative alimony. Rehabilitative alimony is awarded based on a specific plan. The court will give the order of rehabilitative spousal support by the duration of the program, associated costs, the period that spouse will be working as an apprentice, and the time required for the spouse to become self-sufficient. However, a spouse paying or receiving the alimony requests for a modification of the order on the grounds of a change in circumstances or where the receiving spouse deviates from the plan. Unlike other alimony awards, rehabilitative alimony in Florida does not end with the death of the receiving or paying a spouse or when the receiving spouse remarries.

Durational Alimony

In cases involving short or moderate-term marriages, the court may order for durational spousal support. This type of alimony in Florida comes as a fixed amount spanning over a set period that does not exceed the duration of the marriage. For example, if the couple seeking divorce lived together for two years, the durational alimony should not exceed two years. However, if there is a significant change in circumstances, the court may allow for a modification of the award. The modification only applies to the amount of alimony and not the duration of the award. Durational alimony in Florida ends when either the receiving or paying spouse dies or if the receiving spouse marries someone else.

Bridge-the-gap Alimony

This award helps the spouse move from being married to living as a single person. It helps allocate the funds that cater to identifiable and foreseeable bills that help one start a new life without a spouse. Bridge-the-gap alimony in Florida ends when either the paying or receiving spouse dies or if the spouse receiving remarries.

Permanent Alimony

This type of alimony in Florida is given for moderate and long-term marriages. However, under special circumstances, it may be awarded for short term marriages. Permanent spousal support will be granted if a spouse cannot achieve the living standards of the marriage in terms of basic needs or life necessities. Before granting permanent alimony, the court will consider the life of the couple during the marriage. A person who is used to a lavish lifestyle will be awarded spousal support that helps them live up to a similar lifestyle after they get divorced. The court may modify permanent spousal support if there is a change in circumstances or where the receiving spouse gets into a relationship where they are receiving support from someone other than a relative. Like many of the other types of alimony in Florida, permanent alimony ends when either the paying or receiving spouse dies or if the receiving spouse remarries.

Factors Affecting Alimony Awards

The court usually frowns upon adultery and will review the circumstances leading to adultery when awarding alimony in Florida. Therefore, for spouses who have committed adultery, there is the need to hire an experienced divorce lawyer to improve the chances of getting an award for alimony. Generally, the court usually considers the following financial matters before granting alimony. This includes:

  • The duration of the marriage
  • The living standards that the couple enjoyed during their marriage
  • The age of both the receiving and paying spouse and any emotional or physical impairments that may affect their economic needs and ability to make a living
  • The marital and non-marital assets of both parties and the debts incurred during the marriage
  • The need for career training or education for any of the spouses to get employment and be in a position to support themselves
  • The contributions that each spouse made during the marriage including; child care, homemaking, salary, financial contributions, supporting a spouse in their education bills, or assisting a spouse in building a business or pursue a career

The Importance of Hiring a Divorce Lawyer

There is no telling how a divorce case will turn out. In most cases, the terms of a divorce will usually favor one party. This is the case if one spouse is found guilty of adultery or where one spouse has superior financial resources. Most people hire a divorce lawyer to improve their chances of a fair ruling after a divorce. A divorce lawyer is involved in much more than litigation and will ensure his/her client gets a fair ruling on alimony. Some of the roles played by a divorce lawyer include:

  • Submitting the divorce case in court
  • Serving spouses with divorce papers
  • Reviewing the facts of the case and building a strong case for clients
  • Pushing for a suitable alimony award
  • Negotiating in settlements before a case goes to trial
  • Representing the client in court and pushing for fair terms of divorce including alimony and child support

The outcome of a divorce case, including the terms of the divorce such as alimony, is dependent on each spouse’s legal representation. It is the job of the divorce lawyer to build a strong case that justifies the award for alimony among other conditions.

The Quickest And Easiest Way To Get In Control Of Your Child Custody Issues

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


Get A Quotation

The Challenges You Might Face With Filing A Divorce In Florida

Divorce in Florida can be a necessary process in many instances. Marriages often end because one or both partners is truly unhappy. It can lock people into unhealthy or abusive relationships because of societal and financial connections. For these and other individuals, divorce is the option that they pursue for their Florida marriage. But divorce is not an easy process in Florida or any other state. Individuals have to spend months of effort and sometimes thousands of dollars finalizing a divorce. This process can be arduous even for people interested in an uncontested divorce.

Fees

Divorce of all kinds can be costly. The costs are prominent for both kinds of divorce. The two main kinds of divorce in Florida are a contested and an uncontested divorce. In an uncontested divorce, both parties have mutually agreed upon the particulars of their divorce. They have decided the fate of their house and how they will split all of their assets. A contested divorce is one where both parties will instead rely on judges and lawyers to dole out their assets and any child custody arrangements. An uncontested divorce still costs money.

Couples in Florida without minor or dependent children can file a simple divorce and end their marriage after paying several hundred dollars. These individuals still have to appear in court for the final hearing and may have to spend money selling a home or splitting other assets. A contested divorce, or an uncontested divorce with minor children involved, takes a considerable amount of time and effort from both parties.

These fees can be difficult for millions of Floridians to handle. Divorce is an expensive process that is piled onto all of the other expenses that an individual already has to pay for. 1/5th of all Americans do not have any money in their savings accounts. For many of these individuals, even the cost of a simple divorce fee can force them into debt. The time required for divorce also creates an expense that many people simply do not know how to handle. Many individuals cannot simply take off of work during the week in order to appear at hearings and meet with judges. Such problems are amplified considerably if one party in a divorce is particularly belligerent.

Time

One understated challenge of a divorce in Florida is the time that the process takes to complete. Many individuals in Florida who have decided on divorce have most likely spent months or years attempting to save their marriage. But they still have to wait even longer once they apply for divorce. An uncontested divorce in Florida can take a few months. This divorce is “no-fault” and does not require a finding for either party.

But a contested divorce can take a considerable amount of time. There are numerous waiting periods and legal deadlines that both parties have to meet. There is a court-imposed period of mediation where both sides attempt to hammer out their differences between their attorneys. Then, there may be a trial that may take several months or even years. Cases can be delayed and motions can be filed almost endlessly. All of this time means more money that has to be paid to the lawyers involved.

The Process Of Contested Divorce

Uncontested divorce is challenging enough as it is. But contested divorce can be significantly more difficult. In a contested divorce, both sides begin by contacting their attorneys and filing paperwork. They contact a judge and receive temporary orders that decide on the state of assets and child custody while the case is ongoing. Then, the case goes through mediation. Both sides and their attorneys meet with a mediator who is trained on how to achieve a compromise that is well-respected by both parties. The process of mediation is followed by a legal case where both sides present their arguments on divorce disputes to a judge. These individuals go through the discovery process where evidence is collected. A deposition is taken from both parties where they cannot lie under penalty of perjury.

What To Do

Anyone looking to overcome the challenges of divorce in Florida needs to keep a few aspects of the process in mind. First, they need to show that they have gone through every reasonable step possible in order to save their marriage. An uncontested divorce in Florida needs to be pursued in many cases. While divorces in the case of abuse are often quickly processed by the courts on the side of the victim, other divorces are much less clear-cut. When abuse or neglect are not concerns, individuals need to be able to prove to their attorney and a judge that they did as much as they possibly could for their marriage.

Individuals also need to make sure that they are careful with their actions and their interactions with their former partner. Any negative communications with a former partner can result in potential problems or evidence later on in the divorce in Florida process. Finally, individuals need to contact an attorney early on in the process. Attorneys like those at the Erin Morse Law Firm often have years of experience and a wealth of advice on how an individual should handle the divorce in Florida process. They know what individuals must due in order to secure the best deal possible from their particular divorce circumstances.

Conclusion

Divorce in Florida can be a painful, time-consuming process that ranks as one of the most difficult periods of any individual’s life. The difficulty of this process is one of the reasons why many couples go through the extra effort of marriage counseling. Florida has created incentives for individuals to stay in the legal union of marriage and attempt to work out whatever issues have arisen in their marriage. When this process still fails, individuals have to enlist the help of an attorney at a group like the Erin Morse Law Firm. Attorneys will serve as advocates and go through a rigorous work process in order to help individuals with their divorce in Florida cases. An attorney is often the main reason most individuals can make a divorce work to the mutual satisfaction of both parties.

The Quickest And Easiest Way To Get In Control Divorce

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


Get A Quotation

Ending A Marriage - How To Make The Decision

If you’ve already started thinking about ending your marriage, there are obviously troubling issues between you and your spouse. Thoughts of leaving your husband or wife don’t come up unless something serious is going on in the marriage. People contemplate ending a marriage for many reasons. It may have been the occurrence of a singular catastrophic incident, chronic behavior or a slow burning dissatisfaction with life as a married person.

Everybody Deserves To Be Happy

You deserve to be happy, as does your spouse. No matter what else may be true about your or your spouse, or about your marriage, happiness is supposed to be part of the equation. For better or for worse was never meant to mean a long, tortuous life chained to someone who almost makes you feel like life isn’t worth living. Consider how short your life is and how big the world is. The world is filled with opportunities and chances to be happy. You shouldn’t have to pay the price of your own happiness just to avoid ending a marriage.

Could Things Get Better?

As a loyal spouse, you may be torn between divorce and staying in the marriage because things may get better. It’s important to be very honest with yourself about this. Theoretically, any marriage can get better. In reality, many marriages don’t. Some rifts between spouses are just too painful to heal. Other times, inherent differences between people make it impossible to have a peaceful coexistence. And people change over time. You might feel like you’re married to a stranger at this point. One sign of a possible improvement in the marriage include your spouse initiating meaningful conversations with you about the marital issues. Another is a willingness by both partners to go to marriage counseling. If things are looking hopeful, you might delay your final decision. Just make sure you aren’t delaying it because you’re afraid to ever make a choice.

What Will People Think?

The anticipated reactions of other people can convolute your decision-making process. If you have a close relationship with your in-laws, you may be embarrassed or afraid of what a divorce will do to that relationship. You might feel like you’ll lose friends, or that your neighbors will look down on you. The thing is, those people aren’t living your life. They don’t know what you have to put up with on a daily basis. Just as you don’t know the intimacies of anyone else’s marriage, no one else knows the intimacies of your marriage. When deciding on whether to end a marriage, it really doesn’t matter what other people think. It only matters what you think and feel.

Consider the Alternative

Speculate on what would happen if you decide to stay in a dead end marriage despite being unhappy, being treated poorly or suffering abuse. A dead end marriage won’t lead to anything positive in the future. If nothing improves then things may not even stay the same; they may get worse. You will have lived your life in a dead end marriage for what? To please others, or to please some false idea of who you think others want you to be?

Ending a marriage isn’t easy. It’s not “the easy way out.” It’s the smart way out if you’ve given careful consideration to the divorce from all angles. Ending a marriage means you’ll have to forge ahead on your own. That can be a scary thought after years of marriage. Look at it this way. You were alone before and you made it alright. If you need to, you can do it again.

The Quickest And Easiest Way To Get In Control Of Your Divorce

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


Get A Quotation

Florida Divorce Law

Like all the other states in the country, Florida has its own set of divorce laws. When a married couple has decided their relationship is no longer worth salvaging, divorce may be the only option they consider. The general requirements for getting a divorce according to Florida divorce law are essentially the same as for other states. At least one member of the married couple must be a legal resident of the state for at least six months before the couple decides to file for divorce. The party who files must also visit their local circuit court and get a form for Petition for Dissolution of Marriage. The form must come from the court in the county in which the person lives. It is also required that the spouse be made aware of the petition as they have 20 days to file a response to the petition.

If the other spouse doesn’t respond within the 20 days, the person filing for the divorce can file a motion for default. To do this, Florida divorce law requires the individual to the clerk of court and file out certain forms, as well as set a final hearing. The person filing must also notify their spouse of the hearing with a Notice of Hearing. The next step is that the respondent can either agree or disagree and file a notice for trial. When this occurs, it is considered a contested divorce. With a contested divorce, it’s wise to retain a skilled divorce attorney. If the spouse agrees with the divorce, it is an uncontested divorce and the hearing can proceed as long as all pertinent forms are filed.

Marriage Presumptions in Florida

According to Florida divorce law, two people are considered legally married when they have had a ceremony and live together with the belief that they are married.

What are the Terms of Divorce in Florida?

If a person is filing for divorce, there are certain things to consider, which makes it extremely important to know what they want to gain from the divorce. One of these things is whether the wife will keep her married name or go back to her maiden name after the divorce is final. Whatever the aspects, it’s important to acknowledge what’s most important to each party and to properly proceed when filing the Petition for Dissolution of Marriage. However, even if both parties agree to all of the conditions of the divorce, they should file a Marital Settlement Agreement for Dissolution of Marriage. If the marriage produced children, they should file a Marital Settlement Agreement for Dissolution of Marriage with Dependent or Minor Children, which can ensure that the divorce proceedings go smoothly.

In general, there are two specific grounds for divorce according to Florida divorce law. They include the following:

• The marriage is irretrievably broken and cannot be saved
• One of the spouses has been mentally incapacitated for over three years

How a Married Couple Can Qualify for Simplified Dissolution

In the state of Florida, a couple can qualify for a sampled dissolution of marriage as long as certain requirements are met. They include the following:

• The two spouses mutually agree that the marriage is irretrievably broken and cannot be salvaged
• Both spouses agree to give up their rights to a trial or appeal
• Both spouses will go to the clerk of court’s office and sign the petition
• The wife is not pregnant and there are no children or dependents in the marriage
• Neither spouse is requesting alimony
• The spouses have agreed on how to divide their property and debts
• Neither spouse is requesting financial information other than court-approved financial documents
• Both spouses will attend the final hearing

Once the two parties file and submit all the pertinent documents to the clerk of court, they will get the date and time for their court appearance. If both parties appear at the hearing and all the paperwork is in order, the judge can then hand down the final judgment for dissolution of the marriage. The divorce is officially final after the judge signs a Final Judgment of Simplified Dissolution of Marriage.

It’s important to note that both spouses are required to appear together before the judge at the hearing. If all the paperwork is in order, the judge can grant the final judgment to dissolve the marriage as a simplified dissolution of marriage by signing the Final Judgment of Simplified Dissolution of Marriage. This document is required to be provided by the soon-to-be-former couple.

Division of Property in Florida Divorces

Florida is an equitable distribution state, which means that all the property amassed throughout the course of the marriage is divided in an equal and fair manner. Additionally, per Florida divorce law, other things are considered as well, including alimony awards, child support and other responsibilities each party had throughout the marriage. Generally, per Florida divorce law, the court considers certain factors when determining property division during a divorce, including the following:

• Length of the marriage
• The economic circumstances of each party
• The contributions of each spouse during the marriage, including child care, education and more
• A spouse’s wishes to retain an asset and to be free of a claim from the other party
• Contributions made to one spouse by the other for education or career enhancement
• A spouse’s wishes to retain the marital home for the benefit of a dependent child
• Contributions from each party toward marital and non-marital assets
• Vested and non-vested benefits, pensions, funds, retirement or insurance plans other other things subject to distribution

Alimony in Florida Divorces

As per Florida divorce law, alimony is classified in four distinct categories. The court can order periodic payments or lump sum payments or even both. Either spouse can request the support as it is based on need as opposed to the other spouse’s ability to pay. The alimony categories include the following:

Bridge-the-Gap: This is a type of payment that is made to help one spouse in the short term as they work toward being independent. It lasts no longer than two years.
Rehabilitative: This type of payment is meant to help one party become self-sufficient by developing skills through education, training or work.
Permanent: This type of support is in place when one spouse is financially unable to support themselves. However, it is usually not awarded if the marriage was short unless there are exceptional circumstances in place.
Durational: This type of support is awarded to someone whose marriage was short to moderate in duration.

Child Support in Florida Divorces

Florida divorce law involves the Income Shares Model when taking child support into consideration. This takes both parents’ income to consider how much money each contributes toward the child.

In some cases, a health insurance provision is included in a child support order for minor children. Health insurance costs do not go over five percent of the parent’s gross income. In some cases, the court can require that the parent paying child support buy a life insurance policy to protect the child support order.

The Quickest And Easiest Way To Get In Control Of Your Divorce

Contact us to schedule a FREE Consultation with Attorney Morse over the phone.
Go to sleep tonight knowing that everything has finally been taken care of.


407-900-7451


Get A Quotation

Questions To Ask Before Hiring A Divorce Lawyer

A divorce is a very serious matter. Each member of the partnership needs to make sure their needs are met. One of the best ways to resolve the dissolution of a partnership is with help from an Orlando divorce attorney. A divorce lawyer can offer many important services. The Orlando divorce attorney serves as the client’s voice during the divorce proceedings. They make sure that the Orlando divorce proceeds smoothly. They can also help with other issues such as child care arrangements, fiscal support and the division of any existing properties held in common. Before speaking to a divorce lawyer, it’s a good idea to think about the kind of questions to ask during any meeting. This can help any client narrow down their potential lawyers and decide which one is right for their specific circumstances.

Area of Practice

One of the most important questions that anyone seeking an Orlando divorce lawyer should ask is about the lawyer’s area of practice. Find out if the lawyer specializes in divorces. Some may only do this form of legal assistance only occasionally while others do more divorce cases each year. Ask them how long they’ve been practicing divorce law. A lawyer may be what is known as a certified family specialist that indicates many years of experience in this area. If you have a complicated Orlando divorce, this can be an example of someone with much needed expertise.

Strategic Examples

It’s a good idea to have documents with the basics of the case laid out in advance before showing up. Doing so can help the lawyer provide the kind of answers that people need as their case begins. A lawyer should be able to examine the documents in question and then offer suggestions about what may happen going forward. The lawyer can indicate roughly how long the case might take to resolve and what kind of relevant legal issues might apply in their client’s case. They can also indicate what strategies might work best and what approaches may be less indicated in order to get at the desired outcome.

The Number of People

A client should know how many people will be working with them. A large firm may have an attorney on staff entirely devoted to the practice of divorce law. In that case, that person will be their contact as the case continues. Find out all who will be working on the case. This includes any paralegals as well as other legal professionals. Ask if it is possible to meet with everyone who is working on the case before it begins. Putting a human face on a case can serve as motivation for staffers that leads them to put even more effort to get to the best possible results.

Kinds of Costs

Costs are a major factor during and divorce. It’s good to find out as much as possible about all fees related to any divorce. Any divorce lawyer should be able to answer all questions related to billing well in advance. Ask about the estimated total cost. Keep in mind that this can be hard to estimate until the case begins. A good attorney will say so to their clients. Ask about communication with the other person and any attorney they hire. An attorney should be able to indicate hourly costs as well as any other costs such as the costs of investigator and any other officials that might be involved in some way.

Asking such questions can help anyone find the right legal help during all stages of the divorce.

Ways To Make Divorce Easier On Children

Divorce is not easy on anyone, especially the kids. While the marriage may be over, both parties still owe their children love, attention, and support in all forms. In order to make that happen, it’s crucial for both parents to ensure their kids know they are there for them. Here are six approaches that many Orlando divorce attorneys will suggest to clients who want to make divorce easier for the children.

1. Tell Them Together

It’s the ethical responsibility of both parents to sit down with the children and explain that the family is about to go through an Orlando divorce. While it’s not necessary to provide specifics about the reasons behind the divorce, do help the kids understand that the end of the marriage does not mean the end of the family. It just means not everyone will be living under the same roof and that a plan for child custody will be created.

If the kids need to vent, let them. The focus here is not on what the parents are feeling. It’s about helping the kids to understand what’s happening. That may require hearing some hard words from the children, but it’s better for them to let it out now than try to keep it in.

2. Create and Abide By a Reasonable Visitation Schedule

A child custody arrangement can take on many forms. One parent may have sole custody while the other is granted visitation rights. Even in a shared custody arrangement, one parent will serve as the custodial parent while the other party is designated as the non-custodial parent. The goal of the court and the Orlando divorce attorney is to ensure the children have regular access to both parents via a workable time sharing plan.

3. But Be Flexible

While there’s a time sharing plan in place, remember to be flexible. If a child has a school activity on a visitation weekend, work together to reschedule the visit. Alternatively, the non-custodial parent must be willing to step in and help if the custodial parent is ill or needs to be out of town at a time other than the regularly scheduled visitation weekend.

4. Never Use Visitation to Punish the Other Parent

Always remember that visitation after an Orlando divorce is about maintaining a healthy and loving relationship with the children. It’s not about whatever negative feelings the former partners have about one another. Never withhold or otherwise use visitation time as a way to get back at the other parent.

This means that custodial parents should do everything possible to ensure non-custodial parents can see the kids according to the child custody arrangement. In like manner, non-custodial parents should make sure the kids are returned to custodial parents on time.

5. Don’t Fight in Front of the Children

Whatever went on before the Orlando divorce, the two parties with shared custody should never fight in front of the kids again. Even when it may be difficult, remain civil to one another when the kids are around. Should the need arise to have a heated discussion, it can take place away from the children. If necessary, the two lawyers who helped create the child custody arrangement can intervene and help the parents avoid involving the kids in whatever is causing the issue.

6. Never Speak Negatively About the Other Parent in Front of the Kids

Even when the other parent is not around, it’s important to not speak negatively about the other party in front of the kids. This can be a little more difficult, especially if a child is complaining about the other parent. Even when it would be so easy to talk about how childish, immature, or irresponsible the other parent happens to be, resist the temptation.

An Orlando divorce attorney can help the client navigate the legal system and create a child custody arrangement that’s in compliance with current laws. The attorney also has a lot to offer about making the divorce easier for the kids. Take those suggestions to heart and use them at least until the kids are on their own. In the long run, the children will adjust with less difficulty and be assured that both parents still love and want them.

What To Expect When You Are Filing For A Divorce In Orlando When Minor Children Are Involved

Divorce is a life-altering experience that is filled with complications for all parties involved. These complications are increased when children are involved.

Couples divorcing in Flordia will need both a Marital Settlementment Agreement and a Parenting Plan. Once agreed upon, these documents will be attached to the divorce settlement and become the roadmap for how parental responsibilities and shared custody issues will be handled.

When parties are unable to come to a mutual agreement on these issued, a judge will appropriate the assets and responsibilities. Individuals in the Orlando, Florida area should seed the services of an Orlando divorce attorney with these matters.

The following considerations are important to individuals in Florida taking part in divorce proceedings.

Marital Settlement Agreement

The marital settlement agreement provides a specific list of divorce terms and provides structure for the post-divorce relationship of the divorced parties. The agreement will include agreements on issues like child support, the division of assets and debt, whether or not alimony is to be paid by either spouse, and other important matters. Once signed, no modifications will be made to the agreement. For this reason, it is important that both parties fully understand their rights and reach an agreement with which they can both live.

Equitable Distribution of Assets

Florida statutes mandate all assets, properties, and debts of divorced individuals are to be divided fairly but not necessarily equally. The governing statute is Section 61.075. Contributing factors to the fair and equitable division of property are the assets owned by each spouse before entering the marriage, the debt of each party before becoming married, assets gained during the marriage, and current assets and debts possessed by the couple.

Florida courts give the opportunity to the divorcing couple to decide for themselves how assets and debts will be divided. However, if they do not agree on the issue the court will make the final decisions. Again, an Orlando divorce attorney would be helpful with these matters.

Alimoney

Also known as spousal support, alimony is paid by one spouse to another when it is determined that responsibility for the spouse that is the payee still exists after the couple is divorced or separated. There are many factors to be considered in regards to the payment of alimony but chief among these concerns is the need of the spouse to receive the payments and the ability of the paying spouse to deliver payment.

Other important considerations regarding alimony are the length of the marriage, the standard of living while married, and the financial resources possessed by each party.

Child Support

Florida Statute 61.29 establishes policy for child support in the state. The principal guidelines are:

  • Both parents are obligated to provide care for dependent children.
  • The court will consider the net income for both parents that would have expected to go to the care of children if all parties resided in the same home.
  • Child support issues are to be handled as quickly and efficiently as possible with as little litigation as possible

The amound of support to be paid for the child is calculated by a formula set out in Florida Statute 61.30. The formula takes into acount the income of both parents, the number of nights the child stays in the home of a parent, health insurance for the child, and other pertinent matters.

Parenting Plan

This plan is required in all divorces that include the shared custody of a child. The plan must include detailed provisions for:

  • The contribution each spouse will make to the daily upbringing of the child
  • A time-schedule outlining when each parent will spend time with the child.
  • An agreement on which parent will be responsible for each important matter in the life of a child. For example, health care, education, and extracurricular activities.
  • The means of communication parents will use to stay in contact with the child.

The history between the parents and any relationship issues must also be taken into account when devising the parenting plan.

My Ex Just Got Served The Divorce Papers And Now They Are Angry

Divorces are typically a time of heightened emotion and stress. Almost always, there is some amount of surprise for the spouse who receives a divorce petition, but for some spouses, that surprise turns to anger. So what do you do if your spouse gets angry after receiving your petition for divorce?

How Normal Is This?

Although there are some situations where spouses are in full agreement leading up to a divorce, most spouses do not react well to being served divorce papers. A thorough divorce petition, especially one drafted by a divorce lawyer, will include a number of claims and ask the court to award everything that you are entitled to receive. This can be overwhelming, surprising, and sometimes angering for your spouse. However, it needs to be this thorough in order to prepare for your best possible case.

What Will Your Spouse Want?

A spouse who has become angered by divorce papers will often make several requests of you. These might include dismissing your divorce petition, coming to a settlement or “agreement,” or going through mediation without the assistance of a divorce lawyer. However, it is important that you do not back down. Even if you are interested in settlement, you should be sure that any negotiations take place with the help of your divorce lawyer.

Don’t Retract Your Divorce Filing

The only way your case will ever get to a judge is if there is a divorce filing in the system. If your ultimate goal is to get a divorce, retracting or dismissing your petition will only delay or prevent you from getting a divorce.

How Well Do You Communicate, Really?

It is likely, if you are divorcing your spouse, that the two of you do not communicate very well. Settlement agreements need to be very thorough and should include several disclosures about your finances and assets. Otherwise, you may come to regret reaching this agreement. Remember, even as your spouse tries to pressure you into a settlement on your own, you can always reach a settlement with the help of an attorney who will work to protect your rights.

Mediation is Mandatory

Your spouse may try to encourage you to enter mediation as an “alternative” to divorce proceedings. However, mediation is a step in all Florida Divorces, as well as Florida Paternity actions. Your spouse might also suggest that you go through mediation without the assistance of an attorney. However, your divorce attorney can keep you informed of your rights and the consequences of any agreement that you might make.

How to React

Along with these requests, your spouse may express their anger in other ways, like calling you names, calling your lawyer names, or making legal threats. The best thing you can do is to ignore this behavior. Keep a record of how they react; save the angry text messages and respond politely, if you respond at all. This can all be potential evidence in court.

However, you should also remember that their reaction is not necessarily a reflection on who they are as a person or a parent. Your spouse has experienced one of the worst days of their life. Hopefully, a week or so after receiving divorce papers, they will calm down, and whatever minimal interactions you must have during your case can be as polite and calm as possible, given the situation.

How To Protect Yourself Online: Divorce and Social Media

When spouses have come to the conclusion that their marriage just isn’t worth saving anymore, their only option may be divorce. Unfortunately, it’s all too common for the situation between two people once very much in love who vowed to share their lives to become ugly. However, even if there seems to be an amicable split, social media use is something that can lead to problems. It’s important to be wise about websites like Facebook, Twitter, Instagram and others during an Orlando divorce.

Avoid Posting Certain Things During a Divorce

Of course, there are always hurt feelings and feelings of resentment when people are going through a divorce. It may be one’s first instinct to simply vent away on social media about how they truly feel and to trash their ex, but this can land a person in hot water. In general, nobody wants to post their entire life on their Facebook page, but it can result in big trouble once they appear in the family law court for an Orlando divorce.

If the couple has children, especially if they are minors, it’s important they take care regarding what they post. Posting stories and images that boast a newly single status, such as bar-hopping or partying, can result in the individual being perceived as an unfit parent. That can lead to a custody battle with their former spouse during the divorce proceedings.

An Orlando divorce attorney would also advise against sharing stories and photos of new, extravagant purchases the individual has made during this time. It is advised they refrain from posting images of a brand new car, home or vacation. Even if the person mentions buying that brand new $1,000 iPhone, it can be poorly perceived as splurging and bragging about it on social media.

Additionally, if the person has a new love interest, they will naturally want to post pictures of them. If they do that, it’s important they ensure to keep the pictures private. However, it’s equally important to keep in mind that if they share mutual friends with their former spouse on the social media platform, it’s possible for those people to talk. Another option is to wait until the divorce is final before posting such pictures. A family law attorney representing the individual’s spouse might misconstrue things and paint the person in an adulterous light during the divorce proceedings.

Other Risks to Keep in Mind

If the person is like many people, they might have even shared your online and other passwords with their spouse. This is very common and can show a significant other that there is a wholehearted amount of trust. However, if a marriage is ending in divorce, it can make for a sticky situation. A person’s ex can log into their social media and other accounts when they don’t want them to. While people are going through an Orlando divorce, it can lead to a number of problems as there is plenty of anger and hurt feelings. If a former spouse changes a password, it can really wreak havoc. Once the couple is officially going through with dissolving their marriage, it’s wise should change all passwords. It might be a pain, but it’s for safety’s sake.

Family law can be a complex and emotional subject. If you have any concerns or questions about your social media usage during the course of your divorce, the best thing to do is speak with your Orlando divorce attorney. A family law attorney can provide you with essential guidance about how you should conduct yourself both online and in person to make your divorce as smooth as possible.

What Are You Waiting For?

The longer you wait to get everything in motion the longer it is going to take to put everything behind you.  Contact Us Today and we will help you “Find Your New Normal”

Contact Us