Are Prenups Only For High-Asset Owners?

Signing a prenup or getting your spouse to sign one before the marriage can be quite deterring. But this agreement can be worth a ton if ever the marriage crumbles. And at present, the statistics remain close to 50% of marriages that end up in divorce.

Many believe that prenups are only for those who have significant assets to be protected. But this is not true. A prenup lets you arrange for specific items if ever things do go wrong. Deciding on what’s marital property and what isn’t can be difficult in some cases. But a prenup lets you set limitations on some assets as to if they will be divided during a divorce.

Laws regarding divorce and family law, in general, are not the same in every state. Therefore, a considerable difference may occur when getting a divorce in one state and another. Your prenup lets you resolve that problem. You can include a provision that gives precedence to the laws of the state in which you marry. In that way, you can make sure that the laws remain the same no matter where you go.

But there are some important pointers to bear in mind. A prenup cannot include any provisions of child support or child custody. These matters are left to the judge to decide based on the child’s best interests.

Looking for an Orlando Divorce Attorney who is skilled and competent? A Divorce Attorney who can get you the best outcome of your divorce? Your Divorce Attorney will play a key role during your divorce. Therefore make the right choice and select the best. Call our office now to make sure that the best attorney in town is on your side during your divorce.

What is Collaborative Law?

When a couple comes to the decison to end their marriage, they may expect a long and expensive divorce process. Many people do not know that there are harmonious ways of legally separating that protect you, your spouse, and children from the lengthy proceedings of a divorce. One way is through collaborative law, or a type of divorce agreement that lets a couple work together for the best final solution to suit their individual needs. All couples may not be able to come to an agreement but those that can are more likely to resolve their divorce without a court trial.

What is Involved in Collaborative Law

The first step in beginning a collaborative law divorce is to find a trusted family law attorney to represent both parties and walk a couple through the divorce process.

In order for a collaborative law divorce to work, there must be open communication throughout the whole process, ensuring that both parties understand and can agree on the final divorce agreement. A successful collaborative law divorce will also include the following elements:

  • Disclosure of documents
  • Mutual respect
  • Protecting children from lengthy divorce proceedings
  • Sharing cost and knowledge of legal experts
  • No court

By agreeing to work together, there is less paperwork, less time given to the courts, and less money spent on attorney fees. Although collaborate law is not for everyone, it can be a valuable asset to you and your family during this difficult time.

Benefits of Pursuing Collaborative Law for a Divorce

The collaborative law process offers a different approach to resolving family conflict. Rather than face a forced and sometimes undesirable outcome from a judge, collaborative law gives divorcing couples the freedom to find the best solution for their family’s specific needs. This is done through open communication and full disclosure under the supervision of a legal professional. If you would like to learn more about the process of collaborative law or other available options, an Orlando divorce lawyer at the Law Office of Erin Morse can help you.

Why Should You Consider Collaborative Law

Collaborative law allows couples to focus on their future rather than addressing conflicts from the past, and offers the following benefits for those looking to reduce the stress and friction in their divorce:

  • Reducing legal fees and paperwork
  • Resolving conflict quickly and efficiently
  • Maximizing the post-divorce parenting relationship
  • Promoting open communication to avoid unwanted roadblocks and conflict
  • Avoiding an undesirable outcome

Contact a Collaborative Law Attorney in Orlando

If you think collaborative law might be the right option for you, a legal professional in Orlando can answer any questions you might have and help walk you through the process. Our team of dedicated and compassionate family law attorneys want to help you make your divorce as easy as possible. If you want to avoid the expensive and long process of going to trial, contact our Orlando Collaborative Law Attorneys at Law Office of Erin Morse. Call us today at (407) 900-7451 for more information on divorce options that meet your needs.

Who Gets Custody?

That is a question that every parent involved in a divorce or separation ponders 24/7. Your kids have been the most important part of your life for quite some time. The mere thought of not being able to be with them as before might scare you to death. But your Child Custody Lawyers in Orlando can help you get the best response favorable to you and your kids.

Every attribute of your life is bound to change at least in the slightest manner after your divorce. Even spending time with your kids and being responsible for their major life decisions are parts of those attributes. It is best for both parents to be involved in the children’s lives in an equal manner, unless the situation calls for the opposite. A Child Custody Lawyer can help you figure out the best possible parenting plan for you and your kids.

In most cases, matters can be settled during mediation. But if a satisfactory settlement cannot be reached during negotiations, going to trial is necessary. Here, your Child Custody Lawyer will be your representative in court.

Your lawyer plays a significant role in getting you the favorable response that you seek in these dilemmas. Choose to obtain the legal counsel that can help you make the right decisions in these problematic emotionally-challenging times. While being sensitive to your needs, your lawyer must also be competitive in court if it comes to that. We, at Erin Morse Law Firm, with our expertise and experience, take every effort to provide you the best service in town. Call our Office to get the legal assistance that you need for your case!

Attorney-Client Privilege & Family Law

What exactly is this attorney-client privilege and what privileges does it include? Most of us, sadly, do not know the scope and depth of the answer to this question. Resulting in us doubting its use in many crucial situations and even taking it for granted at times. Attorney-client privilege entails the opportunity for you to disclose anything and everything related to the case to your lawyer. It gives you the confidence that the secrets that you put out there to your lawyer remain as secrets.

It is true that even this so-called “privilege” does have its own limitations. But these limitations are more or less involved with cases revolving around crime and fraud. These are not necessarily typical aspects of a family law case involving divorce and child custody and support. Therefore, you can expect the limitations of this attorney-client privilege to not apply in your case. Child Support Lawyers In Orlando FL are not given the right to disclose your confidential information or testify against you.

You need to make use of this attorney-client privilege to your benefit. Disclosing all necessary information to your attorney is essential. That is so for your own benefit. Your lawyer will do anything and everything in their power to protect yours and your children’s rights. So it must be in your best interests to provide them with any details that can help them do that.

Moreover, it is not just your lawyer pursuing to protect your rights. Even your ex-spouse has their own lawyer pursuing every possible action to protect their client’s rights. So your lawyer must have all cards on their side to be able to use when needed to defend yours. So decide now, to place your trust in your lawyer right away. What use of a lawyer if you can’t trust him?

Looking for Child Support Lawyers In Orlando FL to help you with your issues? We, at Erin Morse Law Firm, will be more than happy to help you with the most professional services in town. Call our Office to make an appointment.

Unmarried Fathers’ Rights

Today marriage is not thought of the same way as it was back in the day. Many couples choose to have children without tying the knot first. This personal choice is all and well till the relationship goes awry. It is more so for fathers.

In the case of a child born inside marriage, the mother’s husband is automatically given rights. But when marriage is not part of the picture, complications arise if a separation ever comes into play. While the romantic relationship between the parents remains as it is even outside marriage, child custody is not an issue. But if the union starts to fall apart, problems begin to arise.

First of all, having the father’s name on the birth certificate of the child does not automatically give him rights. This means that in Florida, the mother can get sole custody if the parents decide to part ways. That can result in many fathers losing contact with their children. But there are ways that you can protect your rights as the child’s father if it ever comes to that.

First, make sure that your name is there on the child’s birth certificate. And also, make sure that you and the mother both sign an affidavit acknowledging your paternity. This can help you go a long way. Make sure that you play an active role in your child’s upbringing. These are but only a few of the steps to be taken. Contact your Orlando Child Custody Attorney to find out what more can be done and needs to be done.

When it comes to defending yours and your child’s rights, you need an experienced Child Custody Attorney. We at Erin Morse Law Firm make sure you get the best legal counsel in town. We work our best to protect yours and your child’s rights during these difficult times. Contact us and make an appointment for further details.

The Basics of Alimony in Orlando

Alimony is a sum paid by one ex-spouse to another to make up for the financial disparities. This spousal support is to help bridge the financial unevenness between ex-spouses that might result from a divorce.

Traditionally, one spouse would put the family ahead of their career and professional development thus devoting their life to the family’s upbringing and development. That impedes their professional development causing financial problems for that spouse in the case of a divorce. To help make up for these discrepancies, alimony or spousal support has come into play. The other spouse who got the chance to build up their career and profession along the way will pay alimony.

This alimony is paid to the spouse in consideration only as long as it is necessary. That is till that spouse obtains sufficient skills and training to become financially independent or till the recipient spouse remarries. In either of the above case, alimony will be terminated.

Some factors that are considered when deciding on the amount of spousal support are as follows.

  1. Length of the marriage
  2. Time needed to gain sufficient skills and training to become self-sufficient
  3. Physical and emotional conditions of the spouses
  4. The standard of living prior to divorce during the marriage
  5. The financial ability of the payer spouse to pay alimony to the payee spouse

Your Divorce Lawyer in Orlando will tell you that alimony can be paid/received as a lump sum or monthly payments. The spouses can decide on this payment method as is suitable for them.

Your Divorce Lawyer will play a major role in determining the outcome of your divorce. Make sure that you possess the legal assistance required to protect your rights along the way. We, at Erin Morse Law Firm Orlando, holds the best title in the market when it comes to handling family law cases. Call our office to set up an appointment to discuss your case.

What You Need To Know About Prenups

A prenuptial agreement, antenuptial agreement, premarital agreement or simply termed, a prenup; all refer to the same thing. It is a contract drawn between couples before marriage, to settle the division of assets in case of divorce.

Many people who sign prenups are often clueless about it. They do not know how effective they are until it comes to a divorce. That is why you need a competent Family Law Attorney on your side throughout the whole process. Many go into the prenuptial agreement without any legal counsel and regret it afterward.

Moreover, some people choose to draw up their own prenuptial agreement without any legal background which later ends up in a failure. That is the reason why you need a competent Family Law Attorney to draft a legally binding prenuptial agreement.

It is very important to disclose all your assets on a prenup fully. For your prenup to be valid in court, you need to have disclosed all your earnings and assets beforehand.

If you need assistance with any family law matters, Erin Morse Law Firm is the place for you. You can expect nothing but the best from us. Call our office now to set up an appointment.

A Divorce Can Always be Tough and Challenging.

A divorce is a tough and challenging situation, why make it worse with an inexperienced lawyer? Family law cases are complex and vary in many ways, if you don’t have an expert looking at your case, you need to move on to someone who knows every nook and cranny there is to know in family law. I can tell you for sure that my team and I are thoroughly knowledgeable in all aspects of family law.

Divorces can broadly be of two types; namely Uncontested and Contested. Uncontested Divorce is the easier of the two. That is when both spouses involved have settled all the matters related to their divorce between themselves. In this case, there is no disagreement to be resolved by the court.

The problem is that sometimes clients believe that they have settled their issues amongst themselves. But that is not the actual case, because you tend to forget some of the many aspects involved in divorce during the initial stages. And ultimately realize in the end that you do have disagreements after all.

In the latter, Contested Divorce is where there are disagreements between the spouses and require the Court’s involvement. Even then, most clients tend to settle before the actual trial. Or else, you need to present your case at the hearing and fight for your interests.

When looking for a Family Law Attorney in Orlando, it is true that you have a range of choices. Many of them claim to be competent, engaging and affordable while that may not always be the case. We encourage you to call around and see for yourself. Getting to talk to a Family Law Attorney Orlando about your case isn’t as easy as it may seem. But that is not the case with Erin Morse Law Firm. We ensure you that, we will personally involve deeply in your case. And therefore, get you the expert legal counsel that you need. Call right away to book a consultation with the best Family Law Attorney Orlando.

Am I Allowed To Relocate With My Child After A Divorce?

When you and your ex-spouse share custody of your children, under state law, you must consider all applicable court orders and other legal arrangements before making life-changing decisions. When you’re thinking about moving with your children, for example, there are several hurdles to overcome because you can make it official.

There are strict rules in Florida when a parent who shares custody wants to move away with his or her kids. Parents cannot relocate with their children unless everyone with custody rights to the child consents to the relocation or the court approves it. According to Florida law, the parent who wants to move needs to notify the other parent who shares custody. The notification must generally include the following:

  • The address, mailing address (if different), and the phone number of the new residence,

  • Names and ages of the individuals who intend to live in the new residence,

  • The name of the new school district and school,

  • The date of the proposed relocation,

  • The reasons for the proposed relocation,

  • A proposal for a revised custody schedule, and

  • Any other appropriate information.

When one parent notifies the other about a proposed relocation, the notification must include a counter-affidavit, which gives the other parent the option to object to the move and the modification of a custody order. The other parent has a set time limit after receipt of the notice to object to the proposed relocation.

 

Objecting to a Relocation

 When a parent with joint custody receives a notice of a proposed relocation from the other parent, he or she may file an objection with the court. The court may issue a temporary order to prevent the move, and a hearing will take place to determine whether relocation of the children can take place.

 

A Court Hearing Will Need To Be Scheduled

 In determining whether to grant a proposed relocation, the court will consider the following with the child’s best interest in mind:

  • The child’s relationship with each parent, any siblings and other significant individuals,

  • The age, developmental stage, and needs of the child and the likely impact of the relocation,

  • How a modified custody arrangement could preserve the relationship between the nonrelocating parent and the child,

  • The child’s preference based on his or her age and maturity,

  • Whether either parent might be thwarting the relationship of the child and the other parent,

  • If the relocation will enhance the general quality of life for the parent and child,

  • The reasons each parent is seeking or opposing the relocation, and

  • Any evidence of abuse of the child.

The court will consider any other factors that might help result in a decision that reflects the child’s best interest. If the court approves the parent’s proposed relocation, it will modify any existing custody order or establish the terms and conditions of a new order.

 Just like you do, the court cares about what’s best for your kids. While the process to move with your children may be complex, the resulting decision will be in their best interest.

 

Get Legal Help from Experienced Lawyers

After divorce, parents benefit greatly from obtaining legal help when approaching any hearings or decisions that involve the court. The team at the Law Office of Erin Morse has assisted countless parents in modifying court orders for relocation and other purposes. Our lawyers know Florida custody laws inside and out, so we can help parents make the most informed decisions possible.

 Feel free to contact our law firm if you share custody with your ex-spouse and you’re thinking about relocating. We can make sure you start the process on the right foot.

Types Of Alimony

Alimony may also be known as maintenance or spousal support. This support is available and for many people, it is critical.  It is the mechanism through which a spouse with greater financial resources supports a former spouse until he or she is able to establish the means to support him or herself.  

 Under Florida law, alimony is granted to a spouse and it can be awarded to bridge the gap, be rehabilitative, intended to get the person to a position where he or she can take care of expenses without assistance, durational, or permanent. Although people often think of alimony as paid on a monthly basis, it can be awarded in a lump sum or be a combination of the two. In making a determination of whether or not to award alimony, the court may consider non-monetary factors.  

 

Types of Alimony

Alimony or maintenance payments are not punitive in nature, but are a recognition that one spouse may have more resources and skills than another to support him or herself going forward.  Alimony is a means to level the playing field.  The length of a marriage is very important in determining alimony.  Marriages may be classified as short, moderate, or long-term.  These are broken down as follows:

  • Short-term – A marriage that lasted fewer than seven (7) years;-

  • Moderate-term – A marriage that lasts 7 or more years, but fewer than seventeen (17) years;

  • Long-term – A marriage that lasts 17 or more years.

The types of alimony are intended for different purposes:


Temporary alimony 

This is an award of alimony during the divorce proceeding, also known as alimony pendent lite.  This award is automatically terminated upon the entry of the formal divorce decree and may be replaced by one of the other types of alimony.

 

Bridge-the-gap alimony 

This is transitional alimony.  It is intended to help a spouse go from being married to being single by allocating the funds necessary to pay foreseeable and identifiable bills associated with re-starting a life without a spouse.

Rehabilitative alimony

There are times when a spouse will need to pursue different educational programs or specific vocational skill training in order to obtain employment that will allow for self-sufficiency.  When a court grants a party rehabilitative alimony, the order needs to include a specific plan.  For instance, a person who enjoys working with horses may decide to pursue a career as a farrier and the plan will include the estimated length of time of the program, associated costs, required time as an apprentice, and the period of time before the spouse anticipates achieving self-sufficiency.  The spouse receiving or paying the alimony may petition for a modification of the order if circumstances change or the receiving spouse deviates significantly from the plan.

 

Durational Alimony 

This often is awarded in the instance of a short or moderate-term marriage.  It is available when the other types of alimony do not fit the circumstances of the divorcing couple.  It is awarded as a set amount over a pre-determined period of time, not to exceed the length of the marriage.  Therefore, if the couple getting a divorce was married for two (2) years, the award of durational alimony will not exceed 2 years.  Either of the spouses may file for a modification of the award if there is a significant change in circumstances, but modification only will apply to the amount of the award and not the length of time.

 

Permanent Alimony

This award usually will  be granted in moderate and long-term marriages and will only be available for a short-term marriage under extraordinary circumstances.  Permanent alimony is available to a spouse who does not have the ability to achieve the standard set by the marriage with regard to necessities of life and general needs.  This is a very subjective standard as the court will review the couple’s life during the marriage and determine what is reasonable.  A person with extensive staff and luxuries may be awarded enough to reasonably maintain a similar lifestyle after the divorce.  It is possible for a party to modify permanent alimony in the future if there is a significant change in circumstances or if the spouse receiving the alimony enters into a relationship where he or she is receiving support from someone living with them who is not related to him or her by blood or affinity.

Bridge

the-gap, durational, and permanent alimony will end upon the death of either the paying or the receiving spouse.  If the person receiving the alimony remarries, the alimony also will cease.  This does not apply to rehabilitative alimony.

 

Factors in the Award of Alimony

If one of the parties to the marriage committed adultery, the court may take this into account and consider the circumstances surrounding the adultery. The court will consider financial matters when setting alimony, including:

– The standard of living that each spouse enjoyed during the marriage;
– How long the marriage lasted;
– Getting alimony the age of each spouse and any physical and emotional impairments that may hinder earning capacity and economic needs;
– The economic position of each of the spouses, including marital and non-marital assets that are being distributed or retained under the divorce decree and the assumption of any debt incurred during the marriage;

– Whether or not each spouse will require additional education or career training in order to find a job that will enable that spouse to support him or herself;
– What contributions each spouse made to the marriage, both financial and otherwise, including:
– Salary and other financial contributions;

– Homemaking;

– Child care;

– Support of a spouse in obtaining education; and

– Assisting a spouse in building a business or career.


Changes in Alimony

Alimony provides the means for one party to get back up on his or her feet.  It is not meant to punish one party, although the ability of Florida judge to consider adultery when determining whether or not to award alimony and how much to order does permit an element of judgment for bad behavior.  

 However, the main purpose is to assist one party in maintaining the standard of living established during the marriage.  Approaching the issue of alimony in this manner will enable the party seeking this monetary support to present a clear case about why the award of alimony is justified.

 

Contact us for Help Today 

Work with a skilled Orlando Family Law Attorney at the Law Office of Erin Morse for the guidance and advice you need on this important matter. We understand the intricacies of how alimony is determined. If you have questions about alimony or believe your current financial obligation needs to change or end, call us today at (407) 900-7451 or contact us online.