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Miami Divorce Law Blog

Domestic violence accusations and you

Domestic violence accusations are always serious. Whether you are the accused or the one asking the courts to grant a restraining order against a family member, you need solid legal representation from attorneys who fully understand the gravity and complexity of the situation. This is especially important if the accusations are also part of larger family law proceedings such as a custody battle or divorce.

Unfortunately, there are many instances where one party brings false domestic violence accusations against the other as a way of attempting to hurt that person or get revenge. The reality is, however, that once you are accused of domestic violence, it can be very difficult to regain your reputation. The accusations can affect your employment, whether you have to move out of the home you are sharing with the other party and any standing custody proceedings.

Florida woman upset by delay of child support

A single mother in Jacksonville, Florida, says that she is angry because her child support payments have met with several unexpected delays. In particular, the woman says that the Florida Department of Revenue has inexplicably failed to initiate a timely release of payments to her which they received from her ex-husband. The woman told a reporter that the agency received funds via direct deposit for the entire amount of a scheduled child support payment on April 27, yet she still had not received that money as of May 12.

This is not the first time the single-parent has experienced difficulty with payment delays from the FDR. She claims that a similar issue arose several years ago in an incident where the state released only one cent to her account. The woman says that part of the problem is that she has been unable to contact a live person to discuss her delayed child support problem. She says that the uncertainty of when the $682 per month payment will arrive is creating anxiety for her. She says that she relies on that money and is currently working from home.

Why coparenting is important

While a divorce means the end of the marital relationship, it does not mean the end of the family unit. It is imperative that both parents work together to coparent with the best interests of the children in mind, no matter how the former partners may feel about each other. Unfortunately, this is easier said than done. To be able to work with your ex-spouse successfully when it comes to the children, it's important to understand how positive co-parenting impacts the kids.

According to an article published in the Journal of Family Psychology, a positive coparenting relationship between both the mother and father has a direct effect on how involved the father is in the children's lives. This is important because children who have both parents involved in their lives may be better able to cope with the stressors and emotional issues that come along with a divorce or a breakup between nonmarried parents.

How a premarital agreement can help protect your future

If you are currently considering marriage, then the prospect of divorcing your fiancé is probably one of the furthest things down on your "to do" list. However, you can avoid many future complications by taking the time now to meet with a Florida family law attorney and began drafting a prenuptial agreement.

Some people wrongly believe that choosing to create a prenuptial agreement to protect the property and assets you currently own is a harbinger for a failed marriage. On the contrary, you and your spouse should consider a prenuptial agreement as simply laying all of your cards on the table. Among other benefits, prenuptial agreements function as a way to inventory all of the valuable items each party is bringing into the marriage. That way there are no surprises, and both sides have a fair assessment of each other's personal wealth.

Women and family financial management after a divorce

No matter how amicably a marriage ends, there will be impact on husbands, wives and children. It's likely, however, each will feel it in different ways. Women going through a divorce, in particular, are often faced with reduced resources. But sensible planning based on understanding might lessen the financial stress that building a different future might trigger.

Florida is a separate property or equitable distribution state. All marital assets and liabilities are equitably divided. This doesn't mean in half, although that is often the starting point. Rather, it means fairly divided in the discretion of a judge. Non-marital property stays with its owner.

Political infighting halts revamped Florida alimony law

A recent disagreement late between Florida lawmakers last month has put the brakes on a potential realignment of the state's alimony laws. Alimony, also known as spousal support, is money paid by one spouse to another after a divorce to support that spouse receiving those funds. Typically, Florida family courts will award spousal support in situations where a spouse may not be able to support themselves or their children following a divorce.

Two years ago, Gov. Rick Scott vetoed a proposed overhaul of Florida's current alimony laws. Since that time, legislators in both the Florida House and Senate have been attempting to work out several key revisions to that proposal in an effort to avoid another governor's veto. According to one lawmaker, the governor vetoed the original bill because of its retroactivity.

Older divorcees need to consider their credit card debt

A relatively recent trend in family law is an increasing number of older Americans are now choosing to end their marriages. Divorce, once considered taboo for baby boomers, is now considered a viable option for many people of advanced age. In fact, frequent readers of our online blog may remember a previous article in which we discussed the rise of so-called "grey divorces". It's now estimated that one out of every four Americans divorces involve spouses who are 50 years or older.

One of the main reasons that is so important is because many older divorcees include spouses who have been married for a long time. Plenty of time to rack up considerable credit card debt. Florida differs from other states that consider all debt incurred during the marriage as shared community property. Put simply, both you and your future ex-spouse could be held jointly liable for debt on co-signed credit cards.

What is the Florida child relocation law?

When a marriage ends, there are many issues that require sorting out. They aren't always contentious but do need careful consideration and planning. One of the most critical issues for couples often relates to child custody. Parenting plans are put in place after careful evaluation of the family circumstances combined with a child's best interests. But even the best laid plans may need to be revisited as time goes on.

Florida statutes address one of these issues. The child relocation law requires a custodial parent notify the noncustodial parent if he or she is considering moving more than 50 miles away. A Notice of Intent to Relocate form must be sent to the other parent and filed with the court. It will include specific information such as a description of the new residence and its location, including the street and mailing address if known. The residence phone number and intended moving date are listed.

Understanding regular and simplified dissolution of marriage

While the word divorce may be used in Florida, the official term that the state has decided to use is actually dissolution of marriage. Additionally, fault does not have to be shown in a divorce. There are two main types of dissolution of marriage that will be used: regular and simplified.

The regular process is likely what you already think of when planning a divorce. You or your spouse will need to claim that the union is irretrievably broken and file the paperwork with the court, and then the other person must be informed and given the papers in 20 days. Financial information will then be gathered so that the court can make a ruling if needed, and you and your spouse can discuss property division, child custody rights, child support and alimony.

Domestic violence: What to look for and what it means for you

Domestic violence affects many people across American every year, and evidence of abuse or even just allegations of domestic violence can have an effect on some aspects of divorce, such as child custody. Whether you are the victim or the person being accused of abuse, understanding what constitutes domestic violence and what evidence and patterns officers look for when making an arrest can help you be better prepared for how these allegations will affect your divorce.

Domestic violence is generally separated into two categories: physical and mental/emotional. However, nonphysical abuse can be very difficult to prove in a criminal charge and is harder to get the family courts to take into consideration with divorce or custody proceedings. If you have proof of threatening, stalking or intimidating behaviors through text, voicemail or other communications, it may help establish a pattern.

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