The Divorce Settlement Agreement.

To be able to establish a proper divorce, there are multiple ways both spouses can reach an appropriate settlement. These methods include:

• Mediation.
• Through attorney negotiations.
• On your own.

It doesn’t really matter how spouses resolve their issues as long as one of the spouses do not induce the other spouse into a settlement through force, lies, or duress. A judge is also able to overturn the settlement agreement if one of the spouses lied to get the other spouse to settle.

How would a mediator help divorcing spouses?

Mediation is generally used to help couples resolve their differences in a divorce. In this process, couples are led by a third party to help them do so. Attorneys of the spouses don’t frequently appear to mediation proceedings; however, they can be present. This is done since mediators aren’t allowed to give legal advice to the spouses he/she is mediating. The mediation is typically led by a family law attorney who is specialized in mediation. Typically, court-ordered settlement depictions are held in the judge courtrooms, while voluntary settlement conferences are held in private and are usually established in an attorney’s office. Sometimes, judges are present during these procedures to facilitate the settlement discussions. Other times, attorneys will handle the meetings themselves.

In most cases, the mediators or judges will request a brief or a letter which explains the background of each position of the spouse. It is essential for both spouses to be prepared during these times and the more prepared each spouse is, the better each spouse would be able to negotiate. This means that each spouse would be able to determine and understand if the settlement that is established is fair to themselves.

What does a settlement agreement consist of?

Typically, a settlement agreement for divorce should be able to address all the issues that may arise in a divorce. These issues include:

• Custody.
• Visitation.
• Child support. (If you have any children)
• Alimony.
• Division of debts and assets.

If both spouses are unable to settle their divorce issues, there would be a need for them to go to a divorce trial. In this case, there would be a judge present to make the decisions for both spouses on who gets what in the divorce.

The rules involved in the divorce settlements frequently vary depending on the spouses’ area of residence. However, a settlement agreement should consist of all properties, finances, retirement accounts, assets, and debts of each spouse and explain how those attributes can be divided. If either spouse in the marriage requests alimony, that and the duration of the potential alimony payment should also be included in the settlement agreement. Who gets what from all assets, health insurance coverage, and pets should also be considered.

How comfortable are you with your settlement agreement?

It is essential to be comfortable with all the terms of your settlement agreement before making the final signature on it. Changing the contract once it becomes legally pronounced is difficult. If you feel like you need help with the relevant terms of the agreement, contacting a family law attorney Lake Mary Fl can contribute significantly.

The Law Office of Erin Morse is a family law firm based in Orlando, Florida. Through a set of competent, professional, and experienced lawyers our clients can ensure that their cases go in the right direction. If you’re looking for the best family lawyer in Orlando to handle your case, contact The Erin Morse Firm now!

What You Need To Know About The Termination Of Child Support.

When parents of a child are married, the law would automatically assume that both parents gain parental rights. When a child’s parents aren’t married, however, the court would typically make it a point to order the non-custodial parent to make child support payments. These payments are directed to the custodial parent to assure the child has a proper lifestyle. These child support payments are made to ensure the child’s basic needs are covered such as food, shelter, and clothing.

If you’re making or receiving child support payments, you may sometimes wonder about the ending period of the payments. Typically, that depends on the laws of each state and the situation of the child. However, there are still certain guidelines that are offered to provide a basic idea of when the child support payments end.

Typically, child support orders are issued from the age of when the payment is established to the majority age of that child, which is 18 in most states. However, nearly all jurisdictions allow for child support payments to be made until the child has finished school. This applies as long as the child has graduated by the age of 19 or 20. It may vary according to the state you’re residing in.

What is emancipation?

In emancipation, the child is considered self-sufficient. This means that in this case that child is recognized and treated as an adult by law. In emancipation, the parents are no longer required to financially support the child.

Emancipation is a procedure that typically occurs by the age of eighteen. However, it could be later or earlier depending on the circumstances. In some cases, a child can file a petition for legal emancipation before the age of eighteen. This is generally done by child actors, entertainers, or when a child tries to escape an abusive home. In other times, if a child is suffering from a mental or physical disability, the court will find that the child cannot be self-sufficient by the age of eighteen. In this case, the parents are required to provide financial and medical support well above the age of eighteen.

Child support payments get terminated once the child is emancipated. This is done either by age or court order. When this happens, the parent who is non-custodial doesn’t have to pay child support to the custodial parent. Additionally, the custodial parent is also no longer required to support the child financially.

If you’re going through the process of child custody and child support and don’t know how it works, or where to start, the first thing to do is hire an attorney. An Orlando child custody attorney or child support attorney could help you determine the nature of your situation. Hiring a lawyer for your situation is essential to ensure that the entire process goes smoothly.

If you’re looking for the best Family Lawyer in Orlando, The Law Office of Erin Morse is here to help. We provide experienced, skilled, and professional attorneys to ensure that client cases go in the right path. Contact the Erin Morse Firm for your family law needs!

How Can You Determine A Fair Divorce Settlement

When two spouses want to get a divorce, not only would there be emotional problems to be overwhelmed about but also procedural ones. When couples negotiate a divorce settlement, there are multiple issues that each spouse has to resolve. These issues may include the following:

• Determining which spouse is entitled to which property or assets.
• Determining how to divide the marital estate.
• Determining child custody and visitation.
• Establishing the calculation of child support.
• Determining if one of the spouses would have to pay alimony. If there would be an alimony payment – determining the amount and duration of the alimony.

One thing that makes it significantly difficult for spouses to manage their divorce issues is realizing that there are multiple issues to resolve at a single time. In that case, both spouses might be highly contentious. This means that it may be easy only to see things from your perspective. Your spouse, on the other hand, might be seeing things a little differently. When you’re just looking at your own interests, it might make it hard for you to know what’s fair.

The following is what determines a fair settlement:

• Separating marital property and separate property.

A fair settlement would be able to establish the difference between separate and marital property adequately. If a single spouse owns property or assets before the marriage, those properties should go towards that spouse in the divorce settlement.

A gift or inheritance received by a spouse in a marriage should also be regarded as a separate property. If a spouse receives a gift or inheritance during a marriage, that asset should be awarded to the spouse who received it. That would establish a fair settlement.

• Division of marital assets.

In community property states, a couple’s debts and assets both will be divided evenly between spouses of the divorce. In equitable division states, courts will divide assets in a fair way to spouses. This means that the division doesn’t necessarily have to be divided equally but fairly. Depending on the legal requirements of each state, the courts may consider the following factors for division:

  • The income of each spouse.
  • The separate assets and debts of each spouse.
  • If one of the spouses of the marriage was at fault during the marital period.

• Child custody.

A fair settlement should include proper parenting procedures and adequate parenting time for each parent of the marriage. A fair settlement would also be able to recognize that the children of both spouses would be better off with both parents involved in the child’s life.

• Child support.

Most states in the US take into account a set of factors to determine proper child support payments.
Typical child support payments include:

  • Income of the parent.
  • Health insurance costs of the child.
  • Childcare costs.
  • Private school tuition.
  • Extracurricular activities.
  • Pocket money.

• Alimony.

When a spouse has been financially dependent on the other for a long time, and the marriage then leads to a divorce, it may be fair for the working spouse to make alimony payments.

Multiple factors go into a fair settlement, and the above mentioned are only a few of the many. However, to be thoroughly learned on the subject it is essential to be guided through the process with a competent divorce attorney Orlando FL.

The Law Office of Erin Morse is a Family Law firm in Orlando, Florida. Through experienced and professional lawyers, clients can guarantee their cases would go in the right direction. Contact us now!

How Can You Avoid Divorce Settlement Mistakes?

Divorce can be hard for everyone involved in the process. There are multiple things to consider when going through a divorce. However, the ultimate goal is to establish a proper settlement between spouses. Typically, the majority of divorce cases don’t necessarily have to end up in a trial. In most divorce cases, over 90% of spouses are generally able to reach a settlement. If couples are more on the compatible side, the spouses might be able to reach a settlement on their own. Another way to reach a settlement on the divorce would be through a collaborative divorce process. Spouses who are divorcing may also seek to resolve their issues through mediation or arbitration processes. Whichever the method to be chosen for in a divorce, to reach a settlement, it is essential to keep in mind that there are many factors to consider.

The following methods can be used to avoid mistakes made in establishing divorce settlements:

  1. Coming prepared.

When you’re going to the courtroom, it is a big mistake to think that you don’t have to be prepared thoroughly for a mediation process. Before accepting or making a settlement offer, it is essential to have a thorough picture of all the finances in your hold. With the help of an Orlando divorce lawyer, you can anticipate your potential objectives and have potential responses prepared for any possible situation.

  1. Keep tax consequences in mind.

The tax consequences involved in a divorce are often overlooked. However, these consequences can have long-term financial effects. An example would be parents determining the tax deductions for the children. The deduction might be able to help one parent more than the other, depending on the income of each parent.

  1. Spend some time thinking before negotiating.

Both spouses of a divorce process will generally expect slight changes from their original settlement positions. This is mainly done if there is some distance apart. However, there would be nothing wrong with starting from the best possible scenario. Leaving the room for negotiation could create a more realistic compromise for the settlement. There would be a higher possibility of reaching an adequate agreement if both spouses are able to show flexibility from the original settlement.

  1. See the case from the spouse’s perspective.

When couples separate, it becomes a scenario where an income used to support both spouses becomes one where it has to support two. In most cases, there would be degradation in the lifestyle change. Calculating your spouse’s monthly budget would help you reach a more reasonable settlement.

  1. Don’t let emotions dictate decisions.

Emotions can be incredibly deceiving and compromise your chances of making rational decisions. It is essential to keep in mind the ultimate goal of the negotiation should be to reach a fair settlement.

We understand that the entire situation of a divorce can be overwhelming. With that being said, you don’t have to go through it alone. The Law Office of Erin Morse is here to help. Through a competent and determined staff, we guarantee your case would be guided on the right path. Contact us now!

How Much Does A Divorce Cost In Orlando?

The law generally requires that spouses provide reasoning to grant a divorce. So if you’re considering divorce, it can be deemed that the laws that surround the process of divorce can be complicated. Additionally, the facts of each case are generally unique for couples requesting a divorce. With the help of a divorce lawyer, you can acquire the necessary support and information to be guided through the process.So How much does a divorce cost in Orlando?

According to a survey conducted on divorce in the state of Florida, the cost of divorce can generally be concluded to around 13,000 USD. This includes around10,000+ USD in attorney’s fees.

While there could be a fluctuation in divorce lawyer rates, most divorce lawyers in the state bill on an hourly basis. So depending on the attorney’s hourly rate, the rate of any other attorneys involved, and considering the time spent on your case could determine the fees of the attorney you would be paying.

After the fee of an attorney, the rest of the divorce costs also come as expenses. This may include court filings, mediation, and the costs of copying and granting documents for the courts. There could also be additional expenses including compensation for witnesses and consultants such as:

• Child custody evaluators.
• Appraisers.
• Financial analysts.

So what affects the cost of divorce in Orlando?

When it comes to divorce, if the spouses are able to work through their issues and concerns, it could make the cost far less than the average amount. However, if the case involves multiple issues and accusations that need to be addressed, these cases could cost somewhat higher than the average amount.

Cases involving child custody and children could also be costly.
Child custody issues tend to be more on the expensive side because they are generally the most charged emotionally. This means these cases are often the most challenging to settle. In some instances, parents or judges may request a custody evaluation. This would require far more time, money, and involvement of the courts.

Finally, going to trial is also expensive. This is because of the increased amount of time that your attorney needs to put in too the case.
This time spent by the attorney for preparation includes:
• Drafting pre-trial motions and briefs of the trial.
• Additional discoveries.
• Preparation of witness testimonies.
• Preparing opening and closing statements for the client.

Additionally, the attorney may also be involved in full days in the courtroom. The fee for an expert witness testimony would also add to the expenses.

While divorce proceedings could be extremely costly, the right lawyer can play a significant role. A competent lawyer could make sure your entire proceeding would go smoothly to make sure there is a fair settlement between both spouses and reduce the costs in the long run. If you are looking for an experienced lawyer who is also affordable for you, you have come to the right place.

The Law Office of Erin Morse is a Family Law Firm that strives to help clients go through their cases with confidence by ensuring that the case goes in the right direction. Our Firm guarantees the best services in the town. No matter what type of family law issue you may have, Erin Morse Law Firm is here to help. Contact us now for free consultation.

Find Father’s Rights Attorney Orlando Florida.

Is your situation related to a pending divorce, property division, or child custody/support issues? Maybe you’re struggling with a situation where you’re entirely alienated as a father. These aren’t simple issues and are serious enough to distress a father emotional and financially. Unfortunately, it has been identified that although the law states their system plays fair, the legal system actually seems to add more stress to a divorce. Fathers experience this all around the country as the courts generally lean in favor towards the mother by default. For this reason, it is vital to understand that without having a proper tactical approach for all the legal procedures involving the child, the case could be in a fathers disadvantage from the start.

Issuing father’s rights state that maybe not every father deserves legal custody for their child, but every father surely should have an equal right to custody. Over the past few years, the opportunities of parenting for fathers have increased, and more mothers are found entering the workforce.

As a father, developing a strategy of looking into the needs of himself and the child is essential to ensure the stressful and challenging situation can be dealt with adequately. In order to do so, the first step should be to do so thorough research and seek an affordable and one of the best attorneys possible.

The benefit of child support related payments is that the court can change support payments at any time. However, any modifications would have to be submitted to a judge. If both spouses of the marriage agree on a particular change, then the process becomes quite simple. If there isn’t an agreement, the family law attorney Orlando Florida appointed by the individual would submit a request for a hearing. This would contribute to somewhat of a second chance for a father to be able to gain his parental rights for his child/children.

In some instances, a permanent change in the child support is typically considered when the source of income changes because of remarriage, or either parent has a change in the job which would affect the ability of child payments. This could be because the child may have different needs than the originally contemplated needs when the initial amount was set.

All in all, the entire child custody, child visitation, and child support procedure can be narrowed down to looking at one simple factor – The best interest of the child.
For a parent to be able to pay child support and the other to be able to support the child because of full custody, can be difficult. Hiring an efficient family lawyer would be able to help the party figure out the options and what to do. It is very common for people who have a battle with child support and custody options. Hiring a lawyer that is experienced in child support and Family Law would help both parties of the situation navigate and streamline all legal processes.

The Law Office of Erin Morse is a Family Law Firm based and located in Orlando Florida. At the Erin Morse Law firm, we specialize in:
• Child support.
• Child custody.
• Divorce.
• Alimony.
• Paternity.
And many other related Family Law areas.
Our Firm ensures skilled, determined, and experienced lawyers would take on your case while making sure it goes in the right path for each client’s contentment.

Who Is The Best Divorce Lawyer In Orlando?

Deciding to get a divorce may become a drastically draining process, both emotionally and physically. While going through all the drama, adding on to the stress is the necessity of searching for the right divorce Lawyer in Orlando. If this isn’t done right in the beginning, it may lead to further complications in the future.

Now you’re aware that finding a good lawyer is vital in such a critical situation, but how can you do so?

There are specific factors to look into when seeking the right lawyer for your case. This could end up with you being able to save time, money, and also assist in minimizing court battles with the spouse.

Unfortunately, in some cases, a few lawyers make it a regular practice to be the aggressive type. If you inconveniently select a lawyer like that and your spouse does too, you may have to fight fire with fire until both parties get burnt. These types of cases are known to go on for a long time and intensify gradually. As this process goes on, one or both spouses would eventually run out of money to pay the lawyer and have to pay the settlement for the case.
Knowing multiple different scenarios like this could happen to even you, first and foremost, finding the best lawyer possible is crucial. Remembering that the divorce procedure itself would shape up the rest of your life, choosing a lawyer wisely by spending the necessary time and performing the necessary research would genuinely be time well spent.

Three key points when searching for a divorce lawyer could be:
1. Understanding the role of the lawyer so the divorce could move through a fair and equitable manner.
2. Recognizing the importance of research before making a choice. This could even include reading online reviews etc.
3. Taking time to interview each option that you may found to be well established.

Finding out the practice of each lawyer and how their approach would suit your unique divorce case is also vital in making the right choice.

A few questions that a client is entitled to ask their lawyer would be:

• Asking if the lawyer specializes in Family Law.
• Requesting the amount of experience the lawyer may have.
• Identifying the relevant professional expertise the lawyer has.
• Asking how much would the procedure cost and what are the additional costs that may be incurred.
• Asking about the possible outcome of your divorce case if he were to take it on.
• Questioning if the lawyer is a friend or has any connection with your spouse.
• Asking about all the rights and responsibilities that may be incurred by clients.
• Requesting the overall length of the procedure according to past experiences.

You can only hope that the divorce procedure itself goes in the right direction. Divorce is never really an easy decision to make, however, going in with the right amount of knowledge and an efficient lawyer could help make the transition timely, and slightly easier to get through.

With all that being said and done, you may ask yourself, who is the best lawyer in Orlando?

The Law Office of Erin Morse can answer that question. We are a law firm specializing in Family Law based in Orlando, FL. If you’re seeking a professional attorney, to help your case, Erin Morse Law Firm is the place for you. We provide empathetic, skilled, and most importantly – experienced lawyers to help divert each unique situation to the right direction.

Crucial Mistakes To Avoid During Divorce

You may find the divorce process to be very complicated and costly unless you have experience dealing with the legal system. At Law Office of Erin Morse, we serve as your advocates, walking you through every step of the Florida divorce process and helping you understand your options and potential outcomes of your divorce case. We would like to share with you five common legal mistakes.

Five Common Legal Mistakes Made in Divorce

  1. Allowing your emotions to get the best of you.

Don’t let your emotions take control of your divorce. Be proactive rather than reactive during your divorce. You will risk sabotaging your case if you are too anxious, jump to conclusions, or don’t think things through during divorce proceedings.

  1. Forgetting facts, details, and documents.

In a divorce case, preparing a timeline is crucial for both you and your attorney. A timeline provides evidence and reliable documentation of every detail and fact. This will help your case rather than hinder it.

  1. Withholding information from your attorney.

Some people don’t trust their attorney, even though they’re there to represent you and have your best interests in mind. When you meet with an attorney, see if they can fully answer your questions and you feel comfortable working with them. After all, they’re going to be with you every step of your legal journey. If you want your attorney to do a great job, you need to be transparent and tell them everything.

  1. Being your attorney’s worst enemy and hindering your case.

If you start pestering your attorney and contacting them multiple times a day, you will hinder your case and alienate the one person who is there to help you. Be proactive by asking your attorney how you can best help them.

  1. Having unrealistic expectations.

Many people believe that if they are the victim of their divorce that they deserve everything and their ex deserves nothing at all … that’s just not the case. When children, assets, finances, and property are in dispute, demands must be made in a reasonable manner. Remember, Florida is an equitable division state, and marital property is divided fairly to both parties, not just one.

Contact Our Experienced Orlando Divorce Attorneys Today

You don’t need to go through the divorce process alone. Our team of experienced divorce and family law attorneys at Law Office of Erin Morse will help you discuss your case, understand the Florida divorce process, your options and rights, and help you through this process.

The Law Office of Erin Morse is located in Orlando, Florida seeking to provide affordable and passionate services to clients throughout Central Florida in Flagler, Lake, Orange, Osceola, Polk, Seminole, & Volusia counties. Call us at (407) 900-7451 or complete a contact form to schedule a consultation with our team today.

Divorce Isn’t The End Of The World

How many times have you heard people discuss divorce like it’s some kind of blasphemy?

Hearing people talk about divorce comes down to listening to things like:

“Why would you be this selfish?”
“But you’re perfect together. Why didn’t you make it work?”
“Stay together for the kids.”
“I wouldn’t get divorced.”

This list could go on forever. Many different people have various predetermined notions about marriage and divorce. Having a negative mentality on something like divorce is what causes people to seek something of a “soul-mate.” With that in mind, it seems that people have started wondering what is wrong with someone who is unable to find that “soul-mate.”

Doesn’t that seem like a lot of pressure?

It is. In an era where choice is unlimited, why do beliefs like this still exist? It’s inevitable. But changing these opinions is what would help the community and culture progress in a right way.

Marriage is something that has become a base for proving that you’re able to commit. However, this shouldn’t be the case. Marriage isn’t something that should be taken lightly. There are a lot of formalities – legally and emotionally, that come with it. Establishing a base for a relationship should be the foundation of a stable marriage. Many marriages have failed due to the inability to keep the relationship in order.
Without a proper foundation for a relationship, moving towards something as serious as a marriage would only put the parties, their families, and their children in distress unnecessarily.

It’s one thing to consider divorce for some serious problem that may have risen, and it’s another to force a marriage that is subject to end in divorce.

Divorce is without a doubt one of the hardest things spouses can face. However, that’s just looking at it negatively. Divorce opens the door to a happier more prosperous future for individuals. It gives people a second chance. Coming to the point of applying for divorce takes courage, and shows that you are ready to move on with your life and start another chapter.

There’s a lot at stake when two parties decide to get a divorce, and it is also incredibly expensive to get a divorce.

When seeking a competent lawyer in Orlando, Florida, one of the critical factors being looked into along with efficiency is affordability.

The Law Office of Erin Morse is located in Orlando, Florida seeking to provide affordable and passionate services to clients.
We ensure that our clients are provided with the most  competent and affordable Orlando Divorce lawyers in the market. Passion is continued throughout our practices by attorneys through an energetic representation for each of our clients in seeking the best resolution to their unique situation.

How Does Your Child See Divorce

Explaining that you’re about to get a divorce to your child can be one of the most challenging moments for a parent.

“Mom and dad are getting a divorce.”

These words could cause a significant amount of different emotions for a child.
Depending on the age of the child, these emotions could differ. The reason for this is not because of the situation itself, but children always start to worry about what would come after the separation.

Are you asking yourself, “how would a toddler be able to understand the situation?.
It may seem crazy to state, but children are more intuitive than they appear and would pick up on factors like the tone of voice, the absence of either party and even notice any hostile situations that may occur. When the child has to deal with those kinds of cases, it may cause them to face anxiety and grow up feeling like something was missing.

The older kids, although more understanding would still have the same questions as the younger children. While a better set of words can be used for the older children to explain to them about divorce, describing the overall part about the breakup is still never easy.

The effect that divorce has on children of any age is something that is unavoidable. However, parents should find it in their children’s best interest to keep the matter with minimal trouble for the sake of their well-being and future.
Divorcing parents are generally anxious about the welfare of their children during the process of a divorce. Some parents, in fact, stay in unhappy marriages believing that it would protect their child from the trauma of parental divorce.
Parents who do split, however, have reasons for hope. It is vital for parents to provide the emotional support and warmth that the child would require in the event of the divorce.

There’s no doubt that a child faces divorce with real hardship in their lives. Broken homes are generally more likely to affect their offspring’s marriage in the future. However, divorce itself isn’t what causes the negative sentences on children. The environment that the child grows up around is what contributes to the factor of how they’re able to cope.

Coming to the point of applying for divorce takes courage, and shows that you are ready to move on with your life and start another chapter.

Yes, divorce is complicated, and, unfortunately expensive. You only have one shot at this, because if you mess up, the modification process can be much more costly, and substantially less effective. If you cheap out on a lawyer, you may lose way more than you spend on them.

The Law Office of Erin Morse is located in Orlando, Florida, with a set of staff that can be ensured as some of the best divorce lawyers in Orlando, Florida. We offer services to clients through passion and have the ability to help them through their most difficult times.