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Miami Divorce Law Blog

Physical violence may come after other types of abuse in Florida

When physical domestic violence takes place, it sometimes gets the most attention from the media. One only has to look at the cases involving Ray Rice and Jeffery Taylor, both of whom are professional athletes, to see how this works. However, some professionals caution that physical violence may only happen after other types of abuse have already taken place.

For example, sexual abuse could happen first, or people could be victimized by stalking and other such actions. These can be dangerous, even though the physical evidence -- such as black eyes -- may not be there.

Child custody cases that cross state lines can get complicated

For Florida parents, child custody is often a big concern in any split-family situation. Custody issues sometimes extend to other members of the family, including grandparents. When child custody issues cross state lines, however, it can become complicated for families.

One current custody case involves adults and children in Florida and two other states. The case began when two children were removed from their mother's home. Reports are that the mother lost custody because of allegations of abuse or neglect.

Creating a parenting plan for your special-needs child

Divorce is a tough process when you have children, but it can be even rockier if your youngster has special needs. October is Attention Deficit Hyperactivity Disorder Awareness Month, which allows us to bring an extra bit of attention to those parents who are trying to create a parenting plan for their special-needs youngsters. Statistics show that about 10 percent of kids ages 4 to 17 have been diagnosed with ADHD. Compare that to the skyrocketing divorce rates in many states -- including Florida -- and you may have a recipe for disaster if you do not proceed with caution.

Most children experience periods of time during which their behavior veers into the realm of "out of control." However, this is even more pronounced for children who suffer from ADHD. Difficulty focusing can make it hard for youngsters to truly understand the impact that divorce will have on their lives; and the constant activity level can put a strain on the adults who are orchestrating the split.

Seeking help with your premarital agreement

Some individuals and couples in Florida and across the nation balk at the idea of a premarital agreement. They believe the agreement takes away from the romance and commitment of the marriage process. When done correctly, however, a premarital agreement can actually enhance commitment to one another.

Being willing to sign a premarital agreement means that you want to ensure the ongoing safety, stability and happiness of your partner. Hopefully, your partner wants to do the same for you. Though a common and useful function of a premarital agreement is to ensure individuals are financially stable if the marriage comes to an end, an agreement can also help lay out some expectations for the marriage itself.

Oil baron's divorce leaves billions on the line

It is unlikely that your divorce involves dividing up billions of dollars worth of assets. Still, no matter the size of your marital holdings, most couples can learn from the example that is currently being set by the divorce of Harold and Sue Ann Hamm. Harold is the billionaire owner of a successful oil company, and the couple's divorce has been making headlines from Florida to California -- and everywhere in between.

Official estimates place the couple's assets at about $17 billion. That means this case is shaping up to be the largest divorce settlement ever decided by the U.S. court system. The primary issue in this divorce is that of business ownership and influence; Sue Ann is attempting to recover financial assets from the growth of her husband's company, potentially forcing him to surrender a portion of his ownership in the firm.

What happens if you don't pay child support in Florida?

A point of contention in many divorces is the amount of support one spouse will pay another. Even two parents who do want the best for their children may argue over child support payments, and there are times when the amount of child support required by an order becomes too much for one party to handle.

A change in circumstance or income can help someone receive an order for a child support modification, but it's never a good idea to stop paying child support out of the blue. If child support is ordered and is not paid, then several consequences can occur. According to the Florida Department of Revenue, enforcement of child support orders involves actions that can impact someone's life and credit.

Know about these recent changes to Florida child custody law

Your child custody proceeding is a serious matter that requires serious representation. Although divorce comes along with a variety of legal issues, few have the same emotional component associated with a child custody negotiation. Determining visitation and crafting a parenting plan can be stressful and time-consuming, especially if you do not have appropriate legal representation. No matter your personal situation, you deserve a legal team that can represent your interests throughout your Florida divorce proceeding.

Understanding the legal terms associated with child custody can be confusing. In fact, the word "custody" is not even used in Florida law anymore; after a 2008 change, courts refer to "parental responsibility" and "time-sharing." The state is stressing a collaborative approach to promote unity in raising the kids.

Florida same-sex divorce cases appealed

The Florida Attorney General has reportedly appealed a number of cases involving challenges to the state's same-sex marriage band. According to the AG, the U.S. Supreme Court should make a ruling on the matter.

Same-sex divorce issues are not new to Florida courts. Since the state banned same-sex marriage in 2008, several divorce cases have hit courts. The cases involve same-sex couples who were married in other states but now live in Florida. The couples, such as a couple who married in Vermont in 2002, are now seeking divorces in Florida.

Workplace provisions for victims of domestic violence

Many divorce filings in Florida relate to domestic violence or some other type of abuse. Victims of domestic violence may have more rights than they think, however. Special protections may extend to some domestic violence victims through their workplace, for example. Knowing your rights under Florida law can help you improve the safety and welfare of your family in the face of abuse and other family issues.

Florida law affords victims three days off of work during each 12-month period for dealing with the medical or legal aspects of domestic violence. This provision comes with a caveat, however: Your company must employ at least 50 people, and you must have been working at that company for at least three months. Your employer is not legally required to give you time off for domestic violence issues if those qualifications are not met.

Florida divorce rates down over past 2 decades

Florida residents likely hear a lot about rising divorce rates, but not all numbers touted on the Internet are accurate. According to numbers from the U.S. Census Bureau, divorce rates in the state of Florida fell between 1990 and 2009.

The number of divorces reported in 1990 were 81,700 in the state; that's a rate of 6.3 divorces for every 1,000 people in Florida. In 2000, the rate was 5.1 with 81,900 divorces. The rate is lower because the population in the state was higher. In 2009, both numbers saw a decrease. About 80,000 people were divorced for a rate of 4.2 in every thousand.

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