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Miami Divorce Law Blog

Your Florida divorce and your social media accounts

When couples divorce in Florida, they must make decisions regarding the distribution of their property. If couples cannot decide about how their marital property should be divided, then the court will have no choice but to step in. Florida courts exercise the concept of "equitable distribution" when it comes to divvying up marital property between spouses.

At first glance, equitable distribution seems like it might involve a fair split, right down the middle, between both parties. However, it might surprise you to learn that a court will generally look at many factors when deciding how to divide marital property. For example, the court may consider the level of contribution of each spouse towards acquiring the property as well as the desirability of either party to retain certain assets. Most importantly, the court will also consider how that marital property might affect the best interests of any children involved in the divorce.

Florida legislature to vote on alimony reform

Florida is one of the few states that still allows courts to grant alimony payments for a lifetime -- some say it's a throwback to past family cultures, when women were less likely to work outside the home. Today, many other states have limitations on how alimony can be awarded, and Florida legislators have been trying to enact similar rules in the state for several years.

Two years ago the legislature passed a bill that would have eliminated the ability to grant lifelong alimony. At the time, the governor vetoed the effort, stating he was worried the bill would allow alimony to be taken away from individuals who were already receiving and relying on it.

Do property division rules apply to pets in Florida divorces?

When couples decide to end their marriages, there are generally two paths to the finish line. Couples who are able to remain civil with each other may elect to negotiate important decisions regarding their children and the division of property. The second path involves feuding couples who often rely on the courts to make those decisions based on evidence and testimony.

Although your family pet may be a well-loved and cherished member of your family, it is important to know that under Florida law, pets are considered property. As property, pets are not afforded the same considerations that we extend to children. A Family Court judge is most likely just going to decide on giving the pet to one spouse based on the theory of ownership. If this is the case, then make sure you can find your receipt from where you purchased the pet or any paperwork regarding its adoption.

Tip for Florida parents who have recently experienced divorce

Nothing is easy about choosing to end your marriage. That process of moving forward with your life in a new direction can be even more challenging when children are involved. Divorced couples with children often want the best for their children, yet they often remain at odds with their ex-spouses. Financial struggles and lingering relationship battles sometimes cloud parents' decisions with regards to post-divorce parenting.

Naturally, you want what's best for your kids. That's why understanding that your ex-spouse's involvement in their lives is beneficial to their development. Simply accepting that you and your ex-spouse will be involved in co-parenting your children for many years to come is the first step at becoming a good post-divorce parent. Here are some other tips for recently divorced parents:

Intimate fashion business supports domestic violence victims

According to a worker with a domestic violence shelter for women, around one-fourth of all women experience sexual or domestic violence in their lifetime. She said many women in such positions seek assistance at local shelters, often arriving with little more than the outfit they left the home in.

One need for women in such shelters that is often overlooked are intimate personal items such as underwear. While shelters in Florida and across the country receive donations of gently used clothing, shelter workers say no one really wants to give or receive used underthings. When facing a domestic violence struggle and dealing with legal options such as retraining orders or even divorce paperwork, not having something as simple as a clean pair of underwear can be devastating.

Why should you discuss a prenuptial agreement?

For many people, the concept of a prenuptial disagreement is one of distrust. However, bringing up a prenup to your future spouse doesn't have to be a sign that you don't trust him or her. Instead, a premarital agreement can be a way to work together to build even more trust and create a strong foundation for future communication and understanding.

Many reasons exist to bring up a prenup. A prenup helps you and your partner define how you will approach a variety of issues during marriage and can help ensure equality.

Understanding the benefits of an uncontested divorce in Florida

Divorce doesn't always have to be a war between spouses. Despite the common negative portrayal of hotly contested divorces in movies and television, many couples understand the advantages of amicably ending their marriages.

The fact is that if you have children, you are going to continue to have some contact with your ex-spouse for many years to come. Your children will invariably come to recognize hostilities between you and your ex-spouse at some point in time. Whether they learn about it during an angry exchange during time-sharing meetings or discover your animosity some other way, they will know that the two of you are still mad at each other.

Post-divorce modifications to your Florida child custody plan

Florida family courts place a heavy emphasis on having both parents actively involved in the lives of their children. Currently, Florida uses the terms parental responsibility and time-sharing to refer to matters of child custody and visitation rights. Although the court would prefer the participation of both spouses in these activities, it also recognizes that unusual circumstances may dictate otherwise.

A spouse's incarceration, substance abuse problem or sudden illness or disability may prevent him or her from properly participating in his or her parental responsibilities and time-sharing commitments. If you are currently experiencing a need to modify your Florida child custody plan, there are a few things you should know.

Non-custodial parent child support in Miami, Florida

Custodial parents in the judicial district of the 11th Judicial Circuit Court in Miami can approach the Child Support Enforcement Division for assistance in obtaining child support from a noncustodial parent. In some cases, parents are referred to the division and an application is mandatory; in others, parents can choose to file a free application with the division.

CSED defines a noncustodial parent as the person that doesn't live with the child on a regular basis, but points out that children are entitled to support from both parental units. CSED helps custodial parents seek support from the other parent, including use of state, local and federal resources to locate the noncustodial parent so payments can be pursued.

How do Florida courts protect spouses from domestic violence?

Being a victim of violence is never pleasant, but it is even worse when the abuser is also your spouse. Many victims of domestic violence often fear retribution for reporting attacks against them or their children. Fortunately, the state of Florida considers domestic violence a serious issue and provides powerful legal protections that are intended to separate victims from their abusers.

An injunction for protection against domestic violence is essentially a court order that restrains one spouse from having contact with their victims. If you are currently being victimized, Florida statutes can grant you temporary custody of your children, child support and can even force your abuser to leave your marital residence. Persons named in the injunction can actually be arrested by police on the spot if they fail to comply with the order.

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