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Miami Divorce Law Blog

How an affair can affect your kids

Infidelity is never a good thing, and the mere accusation can rock the strongest of marriages. When you find out that your spouse has been cheating on you, it's normal to be emotional and feel like your life has been turned upside down. However, many couples are so caught up in how an affair has harmed their relationship, they don't realize the devastating effects infidelity can also have on children. If infidelity was part of your reason to divorce or why you're considering it, it's important to be aware of how this may affect your kids.

The Ashley Madison debacle has had many people up in arms over the number of people registered on the site, which is designed to help married partners have affairs. Statistics show, though, that affairs normally involve someone who is already close to the family. Common examples include a friend of the family, coworker or neighbor. Often, if the couple decides to divorce, the third party may remain part of the person's life, which means the children are forced to deal with that person on a regular basis while also trying to process their parents' divorce.

Florida child support lawyers who understand modern families

The traditional roles of parents have changed considerably throughout the nation over time. Once upon a time throughout America, divorce was considered socially unacceptable. Perhaps due to the relatively small number of women in the workforce back then, courts throughout the country typically awarded custody of any children involved in a divorce to the mother. Those same courts also usually sought to levy alimony or spousal support payments against the children's father.

Things are much different today. Modern family law courts in Florida courts now realize that it is beneficial to the development of children to have both parents actively taking roles providing for their kids. As previously mentioned in an earlier post, the October 2008 changes in Florida's child custody laws exemplify this modern view of divorced spouses who also share children together.

Who is more likely to initiate a divorce?

Scientists have known for some time that women are more likely than men to initiate a divorce, but a new study is shedding light on why. In decades past, experts believed that women were simply more sensitive to relationship issues and feel issues are more significant than men do. However, the new study by a Stanford University associate professor has shown that the statistics of women being more likely to end the relationship only holds true for marriage.

The study looked at both married and unmarried heterosexual couples, and some of the unmarried couples were cohabitating. According to the study, 69 percent of divorces were initiated by women, but when the couples were not married, the breakup was initiated equally be either sex. Initial data from those in the survey indicates that one reason for this is that women are less satisfied with marriage than men, but the author of the study reported that more research would be needed to find patterns that may be behind the differences.

What does a guardian ad litem do?

Custody issues are very rarely ever pleasant, but if you're in the middle of a heated dispute with your ex over an issue involving your children, you know just how stressful and scary it can be. When parents are at odds over what is best for their children, the courts will often appoint a guardian ad litem to protect the child's best interests throughout the court matter. Understanding just what a guardian ad litem is and what they do can help you navigate this challenging time.

While it may seem odd to have a third party involved in a custody dispute, the courts recognize that both parents and their attorneys are looking out for what each parent wants. While this very well may be in the best interests, it's common for divorced or divorcing parents to get caught up in their own issues with each other and lose sight of the main goal of coparenting their children as best they can. The guardian ad litem is involved strictly for the child and not either parent's agenda.

Celebrity comment about prenuptial agreements is revealing

Among other things, prenuptial agreements are essentially legal documents that specify which property and assets belong to either party prior to a marriage. Prenuptial agreements can also provide an outline for how those assets and properties should be distributed in the event that the marriage ends, or in case of a spouse's death or incapacity.

In a previous article on our internet blog, we discussed a statement issued by the popular rapper French Montana regarding a potential marriage to another celebrity, Khloe Kardashian. French Montana stated that he would not be signing a prenuptial agreement in the event that the pair decided to get married. French Montana erroneously believes that a prenuptial agreement might somehow cause similar adverse outcomes to those he experienced in his previous divorce. That legal battle over his previous marriage reportedly took two years to complete and cost the rapper an estimated $2 million in legal expenses.

The power of Florida’s domestic violence injunctions

An injunction may sound like a complicated legal term, yet it is really nothing more than a court order. Specifically, a domestic violence injunction is a court order directing someone to refrain from having contact with someone whom he or she has either physically assaulted or placed in fear of imminent threat of assault.

In a previous article on our website blog, we discussed how the threshold for obtaining a domestic violence injunction is relatively low. That's primarily because few judges want to be on record as having denied granting an injunction in a case where a victim is later injured or killed by the person from whom he or she was seeking protection. Despite the low threshold, judges will still look at other evidence such as whether an accused abuser has made previous threats to the victim regarding harming or hiding their children. A court may also look to see if an accused abuser has demonstrated violence against a family pet.

What if my ex wants to homeschool?

While some may think of homeschooling as a fringe education option, the reality is that more and more parents are considering it. There are also many different kinds of homeschooling options available today, including co-ops and online schools, which further increase its popularity. However, many parents have strong views on their children's education, and when the parents are divorced and one parent opposes the homeschooling, it can lead to legal issues.

One of the common issues that comes up in a dispute over homeschooling is the socialization aspect. Because children are not in a classroom with many peers every day, some people may believe that homeschooling provides less-than-adequate socialization. However, this is not always true and often depends on the method of homeschooling.

My ex is moving. Now what?

While many parents breathe a sigh of relief when the divorce is final and the custody and visitation settled, that's not always the end of the matter. As children get older and the parents' circumstances change, custody arrangements and visitations schedules often do as well. One common reason for a change in these matters is when one parent is planning a significant move.

Relocating across town usually doesn't make much difference when it comes to custody or visitation, but if a custodial parent decides to move to another state, it can be very upsetting for the noncustodial parent. Sometimes, these moves are purely by choice, while in other situations, the move may be necessary for a job or family issue.

Florida woman seeks increased child support from former athlete

On July 21, a Florida woman filed an emergency motion seeking an increased amount of child support for her disabled daughter. In her request for a special hearing, the mother of a 3-year-old girl says that her child's father is not doing enough to assist her with the support of their quadriplegic child.

The father of the toddler, Clint Session, is a former National Football League player previously with the Indianapolis Colts. According to court documents, the child's mother says that the former outside linebacker has failed to pay medical costs, child support payments and attorney's fees totaling $200,000 in accordance with a court order handed down in February.

Pretrial procedures: A motion for continuance

In complicated divorce cases, it's possible that a hearing date may need to be postponed for various reasons. Some of these include if a lawyer who has been recently retained to represent one party needs more time to prepare and get familiar with the case or if there is an issue getting a witness or certain evidence ready for the hearing. Usually, your lawyer will let you know if you need to file a motion for continuance and what that entails, but it can be helpful to understand the procedures.

According to the Florida guidelines, a motion for continuance must be presented to the court in writing. It must also include a reason for the continuance and a proposed new date that the party's counsel will be ready to proceed. When one party knows he or she will need a continuance, the other party is usually advised. At that time, the other party may object to the continuance. If this happens, the other party's objection must also be noted.

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