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Miami Divorce Law Blog

How experts often ask questions about domestic violence

Domestic violence can often be a sensitive subject, as even those who are being abused may not want to speak up, or they may feel uncomfortable talking about it. As such, experts in Florida and across the United States have different tactics for asking questions about it.

One tactic involves framing the question so that it does not sound like an accusation. For instance, the expert may mention the work he or she has done with other people and say that, based on those experiences, he or she is interested to know if there are any troubles at home. This can open the door for a dialogue without sounding like such an accusation.

Retaliatory behavior can make things worse

When conflicts start to arise after a divorce in Florida, there is sometimes an inclination to retaliate to try to make things "even." However, some experts warn that this can actually make things much worse, and it could even be illegal.

For example, a father who does not have custody may want to see his child on a day when he typically doesn't have visitation rights. The mother may say no, already having plans with the child.

How can I receive divorced spousal benefits?

While it is something that many people give very little thought, the timing of a divorce is extremely important. Depending on your circumstances, when you divorce can affect everything from property division to your ability to receive divorced spousal benefits. This is just one reason why it's always important to talk with a family law attorney about the specifics of your situation and your available options before making the final decision to move forward with a divorce.

If you are entitled to Social Security retirement benefits or Social Security disability benefits, it may surprise you that your ex-spouse may also be able to receive some of these monies. According to the Official Social Security Website, an ex-spouse is entitled to spousal benefits if you were married for at least 10 years and your ex-spouse is at least 62 years of age. Your ex-spouse must also remain unmarried to continue receiving spousal benefits.

Property types and tax implications

When you and your spouse split up what you own, you don't have to pay taxes on it. It's been this way since 1984, when the laws that said divided property could be taxed were overruled by the Supreme Court.

However, that doesn't mean that you shouldn't think about taxes during the property division process in Florida. Depending on the type of property being split up, all may not be as equal as you think.

Man secretly divorces wife; she finds out 20 years later

Shortly after meeting each other at a friend's house, a man and woman were married in New York in 1994. Last November, the woman was concerned because her name wasn't on a tax bill for a one-bedroom Manhattan condo she thought the couple owned. A lawyer was hired to investigate and what he found out truly shocked her. Her husband had filed for divorce four short months after they wed. He filed for divorce in the Dominican Republic and kept it a secret.

The woman was an Italian literature professor at Boston College when the two met, but she quickly gave it up to be with her new husband. She said, "He was absolutely charming, and despite our age difference, it was love at first sight." When the man filed for divorce, though, he told the authorities in the Dominican Republic that living with his wife was "unbearable." Both sides were allegedly represented in the divorce by attorneys the man had hired.

Prenups prevent surprises and simplify divorce

When people complain to you about divorce, what are some of the things that they talk about the most? Are they unhappy with how complex the divorce is and how long it can take? Are they mad about things that they did not anticipate and have little control over?

Odds are, if you have friends who are splitting up or have in the past, you've heard these things before. What you need to know is that there is a way to keep this same thing from happening to you. Just use a prenuptial agreement.

Domestic violence: Restraining orders

Domestic violence is a scary yet all too common situation, and it can be difficult to understand how to begin to find a way out when you are in the midst of an abusive or violent relationship. One of the primary methods of protection victims have is the restraining order. Whether you are not married to the other party or are experiencing an escalation in threatening behavior due to a divorce or custody issue, we can help you understand if a restraining order is a possibility for you.

A restraining order can be a tool to help de-escalate a situation and ensure that you don't have to deal with threatening behaviors or verbal altercations while the rest of the case is sorted out. Restraining orders are generally only given for a finite period of time, so it's important to discuss follow up plans with your lawyer for how you will pursue additional legal action or deal with the situation once the restraining order has expired.

Can you draft a prenup the day before the wedding?

You may not have cold feet the day before you get married, but you may start considering all of the ramifications of the marriage and wondering what you can do to protect yourself. That could quickly lead you to the idea of a prenuptial agreement, which is a legal document that can essentially lay down some ground rules for a divorce—saying which assets go to you and which go to your spouse, for example.

A prenuptial agreement can be a great tool to use in Florida, but you should know that you typically don't want to draft one right before your wedding. If it's too close to the day, it may not hold up in court if you ever need it.

How a lawyer can help you with property division

Property division is one of the most important aspects of family law, but it is also one of the most complicated. The guidelines for dividing marital property, retaining separate property and dealing with comingled funds are lengthy and nuanced, and each case is open for a fairly large degree of interpretation.

Because Florida is an equitable division state, it means that the judge is given the leeway to decide what an equitable division of the assets will be. In many cases, this will not be a 50/50 distribution. Most assets cannot be physically divided, which means they either have to be sold and the money split between the two parties or one person must retain a particular asset.

What are some reasons people give for late child support?

Are you and your ex trying to work out a parenting plan, a child custody agreement, and a child support plan as you go through a divorce? These are some of the biggest things that you're going to consider, and it's important to know that, even after you come to an agreement, things don't always go as planned. In some cases, support payments are frequently late, which can cause a lot of friction and financial stress. Below are some common reasons that one woman provided, saying her ex used them all the time with his consistently late payments:

1. He had gone out of town, so he just wasn't around to mail the check on time.

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