What You Should Know About Florida Parental Plans

If you are going through a divorce and have children with your ex-spouse, the parenting plan is one of the most important documents to prepare. It is a detailed plan of how you and your spouse plan to care for your child or children. A child custody attorney Weston can help you make the right plan that is in your child’s best interest. Florida courts no longer use terms such as visitation or custody. Instead, they use parental responsibility and time-sharing. The courts aim for shared responsibility, where both parents have the authority to make decisions regarding the child’s health, education, discipline, religious upbringing, and other day-to-day matters. The parents can divide these areas of responsibility between them. For example, one parent may have authority over the child’s education and healthcare, while the other may have authority over discipline. Sole parental responsibility is when one parent has the sole authority to make decisions about the child’s welfare. This is rarely awarded in Florida. You will need a child custody attorney Weston to prepare a strong case if you think your ex-spouse is unfit to share responsibility with your child or children. Parental plans should also include time-sharing. This refers to the time each parent spends with the child. Parenting plans are mandatory if children are involved. The court prefers that the plan is prepared and agreed upon by both parties; however, if both parties fail to do so, the court will make a plan for...

How to Enforce Alimony in Florida

The purpose of alimony is to help the more financially dependent spouse attain self-sufficiency after a divorce. But what do you do when your ex refuses to pay for financial support? Start by contacting your divorce lawyer Davie. In State If your spouse lives in Florida, begin by filing a Motion for Contempt in the same case court where the alimony was awarded. However, you should be prepared to prove that your ex can pay the alimony and that there are no new circumstances that may hinder them from paying since the settlement. Out of State If your spouse does not live in Florida, you may have to track him or her down. If the divorce did not take place in Florida, once you locate them, you must start the process for alimony in the state in which they reside. If the divorce took place in Florida and the court retained jurisdiction, the alimony proceedings would remain in Florida. Get a copy of the original alimony order. If possible, get a copy of the court’s judgment for unpaid alimony as well. Your divorce lawyer Davie can help you complete these forms and ensure that they are completed properly. Make copies of the form and file the original. In some states, the court clerk will mail a copy to your ex, while in other states, you may have to serve them with it. In some cases, the order will be confirmed immediately, while in others, you may have to go through another court...

3 Types of Child Custody

Going through a divorce can be a difficult time in your life, especially if there are children involved. During your divorce proceeding, there will be terms to determine how you and your ex-spouse plan on raising your children, how time will be split between both parents, and other factors to consider. It is highly recommended that you find a good attorney in Weston who can help you with your divorce case. While the trend in Florida is for Joint Custody, there are a few types of child custody categories: Joint custody: Most courts award custody based on the best interest of the child. With joint custody, both parents share equal time and responsibilities with the children. In Florida, this by far the most common. Physical custody: This entitles one of the parents to have the right to keep the child with him or her. The parent’s financial status, closeness to the child, and personal ethics can determine if he or she is seen as fit to raise the child on their own or not. Sole (Legal) custody: This custody is similar to physical custody, with the exception that the child’s healthcare, education, religion, and other factors can be determined by both parents. The child may continue to live primarily with just one...

6 Qualities You Should Look in a Divorce Lawyer

Family law matters can be difficult and emotional for everyone involved. These disputes, especially divorce, can cloud your judgment, leaving you with tension and stress. If you and your spouse are ending your marriage, you should seek the assistance of an attorney for your divorce in Davie. Your attorney will have experience in dealing with these situations and can help you throughout the process. When beginning your search, seek referrals from friends, family, and colleagues. Every divorce attorney in Davie may have a different work style so you want to find someone who makes you feel comfortable, is experienced, and can seek the most desirable outcome for you in court. Things to look for Here are some of the main qualities you should look for when searching for the right attorney: Qualifications: A good lawyer will have the right qualifications to handle divorce cases and other family law matters Proficiency: He or she should be experienced and proficient enough to handle your specific case. Adaptability: Your lawyer should be able to adapt to situations and help put you at ease with your situation. Comfort Level: You should feel comfortable disclosing sensitive details related to the case with your attorney Approach: Their approach should be positive, and they should let you know how they plan on building your case Empathy: A good lawyer will know how and when to empathize with you during this difficult...

Requesting Child Support in Florida

The presence of children can complicate any divorce. Simple divorces are not possible because the court must consider various issues regarding the child’s welfare, even if both parents agree. It is imperative that one hires a child support attorney Broward when dealing with such cases. A specialist attorney understands how the law works in such cases, what the judges are looking for and how best to represent your interests. The Courts prefer to settle such cases amicably. The Court also prefers that both parents share responsibility. This is also to ensure that both parents have a strong stake and interest in bringing up the child. When it comes to child support, the Court will decide the amount as per the incomes of both parents. The idea is to ensure that the child’s upbringing does not suffer because one parent is financially weaker than the other. There are many factors to consider when calculating child support, such as individual incomes, time spent with the child (especially overnights); taxes, medical, education and other days to day costs. The amount will also change with time — as the cost of other factors fluctuates or the parent’s income changes. These are complicated calculations. You need a child support attorney Broward to calculate a reasonable amount. Keep in mind that the other party will certainly retain an attorney to represent...

Spousal Abuse and Divorce

Divorce can be an upsetting experience but when there is a history of spousal abuse, we are adding multiple legal, financial and emotional issues. From a legal point of view, you have certain rights if you have faced such a situation. You will need an experienced divorce Broward attorney to see that your rights are protected and you receive the full protection of the law. Getting Legal Protection: When faced with violence, you can seek protection from the law. The Court can order your abusive spouse to stay away. In order to do so, your lawyer will file an injunction or a restraining order. If the Court finds enough reason to believe that violence has been committed, the Court will issue a ‘Protection from Abuse’ Order. Violating any such Order will result in criminal charges. Effect of Abuse in Financial Matters: Distribution of property in Florida is based on the principle of “equitable distribution.”This means a fair distribution of assets. The Court will also consider abuse in deciding the matters. Effect of Abuse in Custody Matters: The Court’s priority lies in ensuring the wellbeing of the child. Keeping this in mind, the Court will determine whether a convicted parent should have any custody. Even without a conviction, the Court will consider any evidence that indicates a history of abuse. It’s a good idea to hire an experienced divorce Broward attorney in such cases. You will need to ensure that your case is watertight and all your evidence is correctly...

Why You Need Prenuptial Agreements

Prenuptial contracts were once considered as somewhat ‘amoral’; presuming that a marriage will end in divorce and thus increase the chances of couples seeking a divorce. However, prenuptial contracts proved to be critical in avoiding acrimonious settlements and allowing couples to decide their own terms in the event of a divorce. When drawing such an agreement, you must consult an experienced prenuptial Broward attorney. Prenuptial contracts can be tricky, but all essential elements must be observed to ensure that a contract is legal and enforceable. In the event of the other party challenging the agreement during a divorce, the necessity of a watertight agreement is critical. There are many reasons a prenuptial agreement is important: Protecting your assets: The agreement will clearly define the distribution of assets in a divorce. You can choose to protect all or part of your assets. Without the agreement, the Courts will distribute all marital assets in an equitable manner. Deciding your own terms: Many couples choose a prenuptial agreement so they can decide on their own financial destiny. It allows them to set the terms on who gets what, without involving the Courts. Deciding on alimony: Contrary to expectations, a prenuptial contract is not meant to simply protect your assets. Most prenuptial Browardagreements are drawn to achieve a fair distribution in the event of a divorce. Many contracts clearly define the amount of...

How To Protect Your Parental Rights In a Florida Divorce

A divorce case can get complicated when the couple has children. Even when the couple has reached an amicable agreement; every detail must be carefully considered and approved by the Court. It’s also important to hire a child custody attorney Weston. Understanding Parenting Issues: It is critical to understand that the Court places the child’s rights above all else, including the parent’s requests. Whatever the arrangements, the Court’s decision is based on what will benefit the child. It was in this context that in 2008 the Courts in Florida changed the terminology in divorce cases, substituting words like “custody” with “parental responsibility.” Words like “visitation” and “primary residential parent” were considered negative. Instead, the Court now emphasizes terms like “time-sharing.” Parental Plan: A Parental Plan is a detailed account that lays down the important parameters on parenting responsibilities. This includes important decisions as well as practical arrangements for the child’s day-to-day life, including: Who makes the decisions regarding the child’s education, health, and even religion; A detailed time-sharing arrangement on how much time the child spends with each parent; Which parents makes decisions on day-to-day matters as well as emergency situations; How a parent will communicate when the child is with the other parent. In such situations, it is best to hire a child custody attorney Weston. You can obtain valuable insight into how the court sees cases like yours. A lawyer will also protect your rights if you end up in mediation or in...

How to Safeguard Your Assets in a Divorce

Under Florida law, assets and liabilities are distributed in a fair and equitable manner in the event of a divorce. So, how does one protect one’s assets, especially premarital or inherited possessions or properties? The first step would be to hire anexcellentdivorce lawyer– someone experienced in property distribution duringdivorce. There are two main methods you can try to protect yourself: Keep your assets separate: The distribution of property applies to only marital assets. So, keep your other incomes or property completely separate. If you put your prior income into a joint account with your spouse, it becomes part of the marital property. Similarly, if you use marital assets, such as money from a joint account, for the maintenance or upkeep of your premarital property, it becomes a marital asset. Prenuptial/postnuptial agreements: This can also protect your incomes and assets post-marriage. Under such a contract, the couple comes to an agreement on the distribution of their assets and liabilities in the event of a divorce. This is becoming an increasingly common route to protect one’s assets. Couples with children often sign such contracts to protect their children’s inheritance. However, it is critical that both parties understand and agree to all the terms set in a pre- or post-nuptial contract. Hiring a divorce lawyer in Davie is highly recommended to assist in such situations.  ...

Division of Assets and Liabilities in a Florida Divorce

The most contentious issue in most divorce cases is the division of assets and liabilities. The court prefers if both parties can come to an amicable agreement to this distribution. If this is not possible, the court will step in. Whether it is an amicable or a court-imposedsolution, hiring a divorce attorney in Weston is critical to see that your interests are protected. Equitable distribution of assets The rule that governs the division of assets and liabilities is the equitable distribution of property. Unlike community property laws where assets and liabilities are equally divided between the divorcing parties, here the division is based on equitable distribution. It means that the assets and liabilities are to be divided among the two parties in a fair and equitable manner. “Fair and equitable manner” means that there are no set rules for the distribution of assets. The court will decide the distribution according to several factors. This makes the distribution of property one of the most keenly fought issues, one where a good divorce attorney is invaluable. There are two important factors to consider in this case: The distribution of property applies only to assets acquired after marriage. Assets owned prior to marriage are usually excluded, unless marital income was used to maintain or upkeep such assets or properties. This also includes the division of liabilities. Debts acquired during the marriage are also to be equally...