3 Things To Know About Divorce in Florida

If you have decided to file for a divorce in Broward, there are some essential rules you must know. If you do not follow the laws of divorce in Broward, you may jeopardize your own interests. Here are a few essential facts: Residency: In order to file for a divorce in the State, you or your partner must be a resident of Florida for at least six months prior to the filing. You will need to furnish legal proof of residency. The only exception to this rule are members of the Armed Forces. Disclosing martial assets: You and your spouse will be required to fully disclose all marital assets, which are all assets acquired during the marriage. Marital property is subject to equitable distribution under the Florida law. Marital assets acquired before the marriage are generally not applicable. No fault state: Florida is a no-fault state, meaning that in order to obtain a divorce Broward, neither party must prove any ‘fault’, other than a desire to divorce. The only necessity is to demonstrate that the marriage is irretrievably...

3 Reasons You Need a Child Custody Attorney

Cases involving children always require careful strategizing. Hiring a child custody attorneyWeston becomes critical in such cases. A knowledgeable attorney can help you understand the complicated legal system and help you strategize and give you the best opportunity for a favorable verdict. To plan the right strategy: When you are involved in a child custody case, you will need to strategize it very carefully. The court will place the best interests of your child above every other consideration. You must demonstrate that you are protecting the best interests of your child. To fight for you: Because most parents wish to win custody, cases involving children can become contentious, emotional, and acrimonious. If the case goes to trial or mediation, you will need representation by an experienced lawyer who is knowledgeable about custody laws. You will need a lawyer who will fight for your best interests. In most cases, the other party will have retained a lawyer. To form a Parenting Plan: “Custody” is now known as “time-sharing.” The courts generally require parents to file a Parenting Plan, which is a detailed plan to determine certain times, days, and holidays as well as to specify other parental responsibilities and obligations. The counsel of an experienced child custody attorney Weston is invaluable in order to guide you in creating a fair and equitable plan as well as to fight for your...

Infographic : What to Expect From a Child Support Attorney

This infographic titled “Get Legal Help from a Child Support Attorney” talks about the role of a child support attorney and how they can help us. A child support lawyer is hired in cases involving custody or alimony. Such cases can turn contentious and a lawyer’s counsel is invaluable. When to hire a child support attorney? If you are going through a divorce or seeking enforcement of a child support order, you will need an experienced child support lawyer to guide you through the process. What can you expect from the lawyer? Understanding the law: The laws relating to child support can be quite complicated. However, these laws will determine the scope of your parenthood and the fate of your child. Understanding the law is the first step in dealing with it in a satisfactory manner. A lawyer can help you understand the different provisions of the law — what can help you and which laws can be applied against you. Guidance: the primary job of the lawyer is to provide you with the right guidance. It will take too much effort and time to educate yourself on all aspects of child support, custody and alimony laws and some unknown provision can make all the difference. Sometimes, divorcing parents can also have unrealistic expectations of their rights. A good lawyer will tell his/her client the unpleasant truth and present them with all the options available. Protection: The truth is that you often need a lawyer to protect your rights. Child support cases can become bitter as both parents want a favorable outcome. You will need someone who can fight...

Infographic : What Your Divorce Attorney Expects from You

This infographic titled “Things your Divorce Attorney Needs to Know from You” details the kind of disclosures you must make to your divorce attorney before starting any proceedings. These details are essential for a Weston divorce attorney to secure a favorable verdict for you. Every attorney expects you to be honest and logical in your approach, know what you want, and not hesitate to ask questions. Be honest About your marriage: Discuss the relevant details of your marriage with your attorney. Be honest about what happened, even if it puts you in a negative light. What led to the breakdown of the marriage and what were your reactions? About your finances: Divorces often involve important financial issues. You may need financial documents to clarify and prove your own capabilities. For this, you will need to put together all your financial documents. This is primarily your own responsibility. You must keep all these papers ready. You also need to be completely honest about your assets and liabilities. Hiding any assets may prove counter-productive if the facts come out later. Be logical Divorce cases can be acerbic, and many people start making absurd demands out of spite. But this can end up costing you more in the long run. Ask questions A lawyer’s job is to give you legal advice and will appreciate clients who want to know what the law says, how it applies to their case, and how it affects them. So, do not hesitate to ask questions. Your lawyer expects and appreciates it. Know what you want Your lawyer is there to help, but he cannot help you...

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...