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Florida Family Law and Divorce - Online Articles

DIVORCE

Do I Need an Attorney for My Divorce?
Many couples debate whether they need a divorce attorney when mediation is required by the courts.  The attorneys at the Roberts Family Law Firm recommend, at minimum, consulting with an attorney about your options and what is best for your case no matter how well you and your ex-spouse get along.  Here are a few examples to consider if you are debating whether you should hire an attorney for your divorce. Read More...

Why Divorce is Healthier for Your Family than an Unhappy Marriage
Do you feel stuck? Have you thought about divorce, but worry it may be the wrong decision? This situation is a constant struggle that many married couples go through. They worry about the consequences of divorce, what others will think of them, and even how they will survive on their own, even though they are unhappy in their current marriages. However, many couples do not consider the negative consequences of staying in an unhappy and broken marriage. Read More...

What Happens to Pets in a Divorce?
Divorces can be taxing, especially when it comes time to deal with splitting up common property and assets amongst divorcing spouses. But one thing often overlooked until the end of divorce cases, is who gets the pet? Read More...

How a Divorce can Impact Retirement
A divorce can happen at any time in a person’s life. Whether you’re three years or 30 years into the marriage, separation isn’t an impossibility. However, the older you are during a divorce, the more you need to pay attention to what state your retirement fund is in. Divorce can have a huge impact on your retirement and 401k. Read More...

Top 5 Things to know about High-Asset Divorces
Divorces can be painful and highly stressful, especially when the stakes are higher due to the value of assets between the couple. If you find yourself going through a high-asset divorce, here are a few things to keep in mind during the process. Read More...

Child Custody and Relocation: What to Consider
Dealing with the custody of a child after a divorce is a struggle for everyone involved. Ultimately, you want both parties to be satisfied with the decisions made, while trying to maintain the most normal lifestyle for the child. However, when changing residence becomes a factor, you must keep in mind a few things about your child before you decide to relocate.  Read More...

Missing Spouses and Divorce
From time to time we are approached by clients who wish to file for divorce but do not know how to reach their spouse in order to serve divorce papers.  This can be problematic where parties own property or have children together.  Read More...

Child Support, Alimony and Taxes in Florida
Child support is not taxable in Florida as income—alimony on the other hand may have some tax benefits.  The individual paying alimony in Florida may receive tax benefits for paying this alimony; however the recipient does not and must report this money as income. Read More...

Dogs, Cats, and Automobiles...
We don't usually think of them as property, as caring for pets is very much like caring for our children. It is commonplace for our clients to ask about their pets and for them to be concerned about their well-being while a divorce is pending. Unfortunately pets can often be used in a divorce as a bargaining chip and as leverage. Read More...

What You Should Know about Divorce and Bankruptcy
Reportedly half of all marriages in the United States end in divorce and the state of Florida has one of the highest divorce rates in the nation. Unfortunately financial problems are one of the leading causes of divorce and as a result we sadly see divorce and bankruptcy going hand in hand. Read More...

Mediation Can Be Dangerous Unless You Do Your Homework
There are countless articles online and in the legal community describing the Mediation process as “informal”. This oftentimes invites a false sense of security for parties who might otherwise prepare for the Mediation process, but are under the false impression that Mediation is nothing to worry about. Do not be misled by the articles you read on this issue—the truth is that Mediation is a big deal and can have real consequences for you and your family should you fail to prepare or have an attorney with you on that day. Read More...

Five Tips for A Productive Client/Attorney Relationship
Don’t keep your attorney’s number on speed dial. While you might be tempted to speak with your attorney about any and all issues concerning your pending divorce, you will most likely get a bill from them that may not agree with your pocketbook. Read More...

Passports for Children during a Divorce
It is not uncommon to hear that parents oftentimes use the children as weapons in a divorce. One party threatens the other party that they will take the children and disappear—unless you give them what they want in the divorce. Others don’t voice the threat initially, but then disappear without warning. While this is rare, it does happen. Read More...

Parenting Classes, Counseling, and Divorce
Clients often ask us for guidance in dealing with the day to day issues of a divorce. What most people don’t realize is that for some, being a party to a divorce is like having a second job. The pressure, stress, and time constraints placed on you on a day to day basis can be overwhelming. Keeping our clients mentally fit and equipped to handle the stress of a divorce is what every good divorce attorney will tell you. Read More...

The Holidays and Divorce
Whether you are in the thick of a pending divorce now, or are nearing the end of one, the holidays can be some of the most difficult times of your life. Perhaps even more so if you have children and you are not scheduled to see them during the festivities. Read More...

Tax Exemptions and Divorce
After all of the time-sharing schedules have been hammered out and the holiday schedules painstakingly set in stone, the issue of the child tax exemptions comes to the forefront of the settlement discussions in a divorce. Tax exemptions add up to a lot of money–and for some, might make or break your budget for the year. Read More...

Setting Aside a Marital Settlement Agreement
We are sometimes asked whether a marital settlement agreement and the final judgment incorporating that agreement, may be set aside. This issue may arise for a variety of reasons, including the secreting of marital assets during divorce , the omission of assets from the parties’ financial affidavits or the settlement agreement, coercion related to the signing of the agreement, etc. Read More...

Long-Term Marriages and the Dreaded “A”
You’ve heard it before. Power Couple “A” divorce, and the specifics of their settlement are all over the news in painstaking detail. Everyone wants to know, what did she get in alimony and did she get to keep the ring? Recent example—Harold Hamm Holds Onto Most of $16B Fortune in Divorce. Read More...

Preparing for Divorce
They say the key to success is preparation—and in making your decision to file for Divorce is no different. Before drawing your “line in the sand”, you will need to get your documents in order. Make copies of tax returns, bank statements, mortgage documents, credit card statements, car titles, and any other financial information possible. This will save you time and money down the road. Keep these statements away from common areas, so that they don’t disappear or get misplaced. Read More...

What to Do When Marital Assets or Debits are Left Out of Your Final Judgement of Dissolution of Marriage
When marital assets or debts are mistakenly omitted from your Final Judgment of Dissolution of Marriage, this oversight can significantly affect your share of equitable distribution and even your child support or alimony awards. Occasionally, despite the court’s best efforts, marital assets and debts (or credits and debits) may be inadvertently omitted from the Final Judgment, resulting in significant financial loss to you. Read More...

Facebook is Ruining Marriages AND Divorces…
We are finding that electronic communication devices and social networking sites are playing an increasingly greater role in family law cases today. Social media sites such as “Facebook,” emails, text messages, videos and photos are now routinely being introduced as evidence in divorce and child custody cases. Read More...

Can Text Messages Be Used As Evidence In My Case?
Recent Florida cases say yes. In Symonette v. State, 100 So.3d 180 (Fla. 4th DCA 2012), the Fourth DCA concluded that photographs taken of text messages on a cell phone were admissible hearsay evidence (as admissions against interest), and were therefore authenticated sufficiently so as to allow them to be introduced as evidence at a murder trial. Read More...

Social Networking Sites & Your Divorce Case: The Legal Implications of Today’s Social Media!
If the Casey Anthony case has taught us nothing else, it has brought home the old adage that a picture is worth 1000 words.  Those photographs, messages and videos you routinely post to Facebook and MySpace, your blogs, private email and text messages may all now be fair game in the legal arena and their content could easily impact the outcome of your divorce case, especially as to claims for child custody, alimony and equitable distribution. Read More...

Changes to Florida Family Law - Alimony
The Florida Legislature’s extensive revision of Chapter 61 has included important changes to Florida’s divorce and family law statutes, particularly in the area of alimony. Florida’s alimony statute is found at § 61.08, F.S. Where Florida courts have previously recognized three categories of alimony: Bridge-the-Gap, Rehabilitative, and Permanent. Read More...

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