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Miami Divorce Law Blog

Child custody issues don't have to keep you from moving

In the land of the free, divorced parents or others who are living under custody arrangements may not feel free to roam. The truth is, parents in Florida who share child custody arrangements can't just decide to relocate themselves and the child without agreement of the other party or court permission. In fact, under the law, you can't move more than 50 miles away from your current residence with a minor child without a written agreement or approval from a judge.

For many parents, the statutes might seem like common sense measures that are unlikely to cause a problem. Why, some parents might say, would I want to move my minor child away from her support system and school district? But as soon as a new job opportunity or the appeal of a new city comes calling, parents begin to understand. For anyone in this situation, it's important to know your rights.

What can you include in a premarital agreement?

Many Florida residents are aware that prenuptial agreements are not just for the rich and famous anymore. In fact, business owners and those with significant family holdings may also benefit from premarital agreements. However, there are some restrictions on the types of provisions that can be included in a premarital agreement. Today, we explore the elements of a legally binding prenuptial agreement.

A premarital agreement is often used to differentiate between individual and marital property. For example, an inheritance from a beloved relative -- or a sentimental piece of jewelry -- could be set aside as "individual property." This is also relevant for business owners, who can protect their operation by eliminating it from the potential marital property pool.

'Love & Hip Hop Atlanta' stars argue over premarital agreement

Florida couple approaching marriage dates or decisions may have discussed whether or not they want a prenup. Many people see premarital agreements as something that rich people need, but such agreements can be useful for any marriage. The agreements can protect interests, including financial, business or personal, for anyone, but it is a good idea for the couple to agree on the prenup prior to signing the document.

The stars of one reality television show are currently planning their wedding, but a trailer from an upcoming show hints that there are troubles in the premarital waters. According to the trailer, the couple has some disagreement over whether they'll have a premarital agreement.

Divorce occurs because of financial abuse, too

We often talk about Florida men and women who suffer from domestic abuse in physical and emotional terms; perhaps they were struck by their partner or abused through harsh, hateful comments. Did you know that there is another type of spousal abuse, however? It is called financial abuse, and it plays a major role in many Florida divorce proceedings. Here are a few indicators of financial abuse, along with methods for circumventing the situation to build a better life.

Financial abuse generally allows the abuser additional power and control over a spouse by pinching pennies and removing access to financial resources. In some cases, spouses who are suffering from financial abuse are forced to pursue career options that they do not want, including part-time work, which limits their ability to become financially independent. Further, some spouses force a detailed accounting of every single penny spent by their spouse, making the victim feel as though he or she is begging for basic necessities such as food and gas.

Man fails to pay thoussands in child support, turns himself in

When it comes to divorce, some of the most difficult resolutions often center around children or money. Decisions about child support combine both considerations, so it's not surprising that it can be a difficult topic to discuss and come to an agreement on. That's one reason why the legal system has so many fail safes and processes associated with support and support agreements.

No matter what happens with a child support case, one of the worst things a person can do is simply fail to make child support payments. The legal system allows for the fact that someone may agree to pay a certain amount of support and then see circumstances change. Individuals who can no longer make support payments -- or feel that agreed-upon or ordered payments are no longer valid -- can seek assistance through child support modification requests and other legal means.

Domestic violence victims can seek help through civil courts

Domestic violence statutes are difficult to navigate, not only for the potential victim, but sometimes also for the person accused of perpetrating the violence. Understanding the provisions in a Florida restraining order or other protective arrangement can be a challenge. However, for those who have been victimized by a domestic offender, these protection orders can provide an important legal barrier -- not to mention a document that carries weight in family court.

First, it is important to know what qualifies as domestic violence. Assault, battery, kidnapping, stalking and sexual assault all fall under the purview of this law. Domestic violence is generally committed against a spouse, but the victim may also be an unmarried partner, ex-spouse or other relative by blood or marriage. Domestic violence also applies to individuals who currently or have previously cohabited together.

Take control of your relationships during your Florida divorce

Your Florida divorce may be causing you some emotional distress and general anxiety. Would it help you to know that experts say there are no "normal" marriages or divorces? Or that you do not have to choose between the two extremes of a perfect marriage and a horribly broken home? Your divorce may not be the easiest experience in your lifetime, but it does not have to lead to ongoing unpleasantness; in fact, you can take control of your family relationships to promote health and happiness during this difficult time.

When you are going through your divorce, you may feel as though the only choices you have are between a perfectly functional "intact" household -- and a broken household in which your children can never thrive. There are no guarantees in divorce, but it can provide a positive opportunity for change for everyone in the family. Parents are largely in charge of their own response to their divorces. Will they be bitter, angry and unhappy? Or will they take this time to work on their personal lives to become healthier, more focused individuals?

Circumcision brings up parental responsibilty question

Florida residents usually associate child custody with issues of where a minor lives or which parent has control over certain living situations or decisions. In reality, child custody can become much more complex, especially when parents fail to come to agreement on major issues. One child is caught in a battle between parents who cannot agree on whether the boy should have a circumcision.

According to reports, the parents have been at odds over issues since the child was born in 2010. Documents show the father filed for paternity right around a month after the boy was born. In January 2012, the parents came to a parenting agreement that was approved by the court.

South Florida police officer arrested for domestic violence

A police officer in Florida was being called a hero just months ago for saving a child's life. The child was in a vehicle on the Dolphin Exrpressway, and the car had gotten stuck in the congested traffic. When the child stopped breathing, the officer and others -- including the child's aunt -- did CPR until the child started to breathe again.

However, those reports are now being forgotten since the same officer was arrested over the Fourth of July holiday for allegedly attacking his wife. They had some sort of argument, and reports say that he bit her on the face. He was wearing his uniform when he allegedly attacked her, and he had his firearm with him as well -- though there are no reports that he used it.

Marital property isn't a reason to stay married

Some Florida couples may know their marriage has come to an end but stay in the relationship because of fears about how much a divorce might end up costing. It's not the legal fees most worry about--larger worries often revolve around things such as property division.

One report indicates that the cost of staying together --especially if an extra-marital affair is involved -- can be a problem, too. A survey from a British retail company proposed that the cost of an affair averaged around $2,664 each month. Those costs included hotel rooms, drink and dinner expenses, dates and gifts.

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