Family Law

Do You Need a Family Lawyer?

A family law attorney in Weston  specializes in cases that involve relationships and family financial matters. This most commonly involves cases related to divorce, child custody (timesharing), parenting plans, paternity tests, spousal abuse, and child abuse. The financial implications of these cases include property settlements, parental responsibility (child support), alimony, prenuptial/postnuptial agreements and more. When do you need a family law lawyer? You should hire a lawyer whenever you are dealing with a related matter, whether it is drafting a prenuptial agreement or fighting a bitter custody battle. Even when your spouse is amenable, it is better to seek out legal representation and counsel. The law can be complicated, and a lawyer can help you understand how decisions can affect you. More importantly, a lawyer will ensure that all paperwork is watertight, and your interests are always protected. Remember, even an insignificant seeming detail can have a critical effect on you, your finances, future and children. Hiring an experienced family law attorney in Weston can become critical when dealing with complicated and sensitive issues like child custody, or aggressive negotiations, mediation, or court cases. You may think you are good at negotiating, but legal negotiations are complicated and require knowledge of the law, that only an experienced lawyer will have. Lastly, hire a lawyer immediately if the other side has hired one. Remember that the other lawyer’s main job is to protect their client’s interests and not yours. You will need someone in your corner that has the legal experience and...

What You Should Know About Prenuptial Agreements

Prenuptial agreements were once considered inappropriate because it was believed that they encouraged couples to divorce. However, such agreements actually make the divorce less acrimonious. With prenuptial agreements Broward becoming common, there are few things you should know about such agreements: It’s not just the rich who need prenuptial agreements It is a myth that only the rich need prenuptial agreements. More and more people today are opting to go for such an agreement to ensure that there are no complications or disputes in the event of a divorce. There are some cases where a prenuptial agreement is particularly preferred. These include the protection of certain assets, the separation of business interests from personal property, the rights of children from a previous marriage or the predetermination of alimony. A prenuptial agreement can be challenged Although the terms in prenuptial agreements Broward are fixed, the courts will consider cases where the agreement is clearly unfair. For instance, when a divorce leaves a dependent and financially weak spouse without any support. It does not affect child custody or support Child support and custody are meant to benefit the child and no parent can bargain it away. Any stipulations within a prenuptial agreement regarding custody or child support will likely be voided by the court. These issues will be determined independently of the prenuptial agreement. To be valid, the agreement must not be unconscionable  By this, we mean that the agreement must be legally fair. An agreement will be held unconscionable if one spouse was not given a fair disclosure of the other’s financial circumstances, had no reasonable means of getting this...

When to Hire a Family Law Lawyer

It is always a good idea to hire a family law lawyer in Weston when there are children or property involved. Whether a case goes to trial or not, the settlement of any family law case will affect you and your family for many years to come. Begin the process by hiring the right lawyer. There are certain family law cases where hiring a lawyer becomes very important. These are: Division of property: Florida is a community property state and follows the equitable distribution of property. This means that during a divorce, assets, and liabilities are divided between the partners in a fair and equitable manner. A lawyer can advise you on what assets would be considered marital property is and what would be considered a fair distribution. Spousal support: The rules on alimony are clear. Spousal support typically considers the length of the marriage and other factors when awarding spousal support. Still, there is often a dispute and a family law lawyer in Weston is needed. The support agreement can be renegotiated if there is a change in circumstances like a remarriage or loss/gain of income. Child custody, timesharing, and support: In Florida courts are usually in favor of shared parental responsibility where both parents share equally the responsibility for the child. There are again many issues that apply here, such as the implementation of a parental plan, and the amount of child support awarded. These are critical issues that will decide your parental responsibilities until your children reach the age of majority. An experienced family law lawyer in Weston is critical to deal with child custody...

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 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...

Infographic : Common Issues During the Divorce Process

The infographic below describes issues related to divorce: financial conditions, custody arrangements, and more.To begin the divorce process, one spouse will file a divorce petition, and then both spouses will come to an agreement that divides any property or responsibilities, including the custody of a child. Financial issues, such as dividing assets (i.e. bank and investment accounts), or dividing debts (i.e. credit card balances and loans) may arise. Spouses not only divide assets and liabilities amongst them, but also property. If the spouses cannot come to an agreement, the courts will decide on how to distribute the assets. If the spouses can bring the court an agreement thatis considered fair for them, both spouses, and any children, it will likely be approved. To learn more information about the divorce process, refer to the infographic...

Getting Sole Custody in Florida

Although the courts no longer use this term, sole custody refers to the custody agreement where one parent has sole responsibility of their child or children. Typically, Florida courts will rarely award a parent with sole custody. The courts prefer to award shared parental responsibility where both parents have custody of their children, including time sharing and making decisions. If you are determined to fight for sole custody, you will need an experienced child custody attorney Westonto help you. In extreme cases, courts will usually reduce the rights of the other parent, including supervised visitations and less say in critical decisions. This is known as sole parental responsibility with limited time-sharing arrangement. Understanding sole parental responsibility Sole parental responsibility means making decisions or having the authority to overrule the other parent’s decision for your children. It mayalso grant the authority to decide how often, when, and where the other parent sees the child and who will be around to supervise the visit. The courts in Florida rarely award sole custody where the parental rights of one parent are terminated. The exception to this is in certain circumstances where one parent has provided compelling evidence that shows that the other parent is a danger to the child’s wellbeing. Some of these compelling situations are: When the parent has surrendered his or her rights When the child’s well-being is in danger under the supervision of the other parent When the parent is incarcerated When a parent has abandoned the child and has not attempted to get in touch When the child is adjunct dependent When there are extreme circumstances, like neglect...

How to Secure Your Assets During a Divorce

During a divorce Davie settlement, protecting one’s assets is a high priority for both parties. Since Florida enforces ‘equitable distribution of marital assets and liabilities,’ your marital assets will be split according to what the court determines an equitable distribution to be. Here are the best ways that you can protect your assets in a divorce: Getting a prenuptial/postnuptial contract If you own substantial assets and properties or have a large income, most attorneys will recommend that you get a prenup before getting married. Doing this can help tremendously in a divorce case. You can also get a postnuptial contract after the marriage to further protect your assets; however, these agreements must be made legally and by an experienced attorney to avoid future complications. Protecting oneself If you do not get a prenup, there are other ways you can try to protect your assets. First, take an inventory of all the valuables and properties you own. Go through ownership pattern in properties and get these evaluated. Get proofs of gifts and inheritances. Make sure that all your business documents are properly documented and transparent. Hire an attorney Hire an experienced divorce Davie attorney. Having a lawyer’s assistance and experience in sorting your documents and determining what would be best for your situation can be a big help during a divorce. Whetheryour case goes to mediation or trial, you should have an experienced lawyer by your side to represent...