Florida Family Law - Online Articles
How to Talk to Your Kids About Divorce
Posted on May 28, 2019
Many unhappy couples try to keep their relationship together for the sake of their children. However, staying in an unhappy marriage may actually cause more harm because it may inevitably result in an unhealthy household for parents and their children. There is research to support the idea that children may benefit more from residing in two separate but happy households rather than living together in one unhappy household. While divorce may be the healthiest option...
How Social Media Can Lead to Divorce
Posted on March 1, 2019
Social media has opened a doorway to our past by making it easier to reconnect with old friends and acquaintances. However, there are a few ways increased social media use can lead to marital problems, infidelity, and divorce. In general, spending a great deal of time on social media causes people to miss out on their actual lives. Sites like Facebook, Twitter, and Instagram are notorious time-sucks that cause users to lose focus and the ability to be present in face-to-face conversations. While not grounds for divorce, overuse of social media...
Navigating a High-Asset Divorce
Posted on February 5, 2019
All divorces come with their own set of challenges, but for couples that are significantly wealthy and own many assets, the divorce process can be even more complex. Since most wealthy clients often have multiple businesses, real estate, investments, vehicles, fine art, equity, etc. , a thorough identification...
Categories: Assets and Divorce
10 Questions You Should Ask your Divorce Attorney
Posted on November 11, 2018
Before meeting a family law attorney to discuss your divorce case, it’s helpful to compile a list of questions to ask him or her during your initial consultation.
Though it’s no secret divorce cases can be incredibly complex, the experienced divorce attorneys at The Roberts Family Law Firm, P.A. can answer the following questions in addition to any other concerns you may have: (a) What approach will you take to resolve my case?
What Are Temporary Orders in a Divorce Case?
Posted on November 1, 2018
It can take months or even years to settle a divorce. Yet during that time, many couples that can’t come to an agreement on their own may still need help navigating different financial and parenting time matters. Temporary orders allow both parties to handle issues such as spousal support payments, child support payments, parental responsibility, division of properties and vehicles, payment of expenses, and debt. They can be vital especially for spouses with children ...
4 Professionals You Can Consult With During Your Florida Divorce Proceedings
Posted on August 14, 2018
Those who separate from their partners and begin their journey to divorce know that it can be a difficult process. While many family members and friends give you information based on what they know or have experienced, they may not be able to provide the best financial and legal advice when it comes to your case.
Luckily, these four professionals can adequately assist you throughout your divorce proceedings. ..
How Long Does a Divorce Take in Florida?
Posted on July 22, 2018
Once you or your spouse decide to file the paperwork, you may be feeling overwhelmed as you realize your divorce is becoming real. Relief, excitement, anxiousness, loss, and confusion are just some of the emotions you may be feeling as you start imagining how your life will be post-divorce. While most people want to hurry up the divorce process so they can move on with their lives, they quickly find themselves becoming impatient. Divorce is not instantaneous...
Reentering the Workforce After Divorce
Posted on July 15, 2018
When a couple makes the decision to get divorced, one spouse often must consider how to reenter the workforce after being at home. Whether you left the job market, never entered it, or have only done part-time or volunteer work during the marriage, your partner has had the ability to strengthen their job or career path while you were the primary caretaker at home. With the job market being so competitive, it’s understandable that you may fear what will happen without a steady stream of income...
6 Tips on How to Help Your Child Adjust to Their New School After Divorce
Posted on May 14, 2018
Starting a new school can be both stressful and scary for children, especially starting in the middle of the school year. No one wants to be the new student who’s being whispered about in class. Unfortunately, many children of divorced families will have to make the big transition. While you may not have had much control regarding your child having to switch schools, there are ways you can help them feel more comfortable throughout the process....
How to Help a Child Feel Comfortable in Two Homes
Posted on April 10, 2018
While separation and divorce are hard for everyone involved, both are especially hard on children, particularly younger ones who may have no idea as to why they now have to live in two separate homes. Going back and forth between households requires kids to learn a whole new routine, which may be difficult for those who don’t do well with change. So, in the midst of a separation or divorce, regardless of whether you and your spouse are both in the process of getting new homes...
How to Keep Domestic Violence Accusations from Affecting Divorce Proceedings
Posted on March 15, 2018
Domestic violence is a serious issue that should never be ignored. When we hear about domestic violence cases, it’s natural to automatically feel for the victim who is claiming harm has been done to them. However, what we don’t realize is that many people are falsely accused of committing...
Categories: Domestic Violence
How to Prepare for a Time-Sharing/Parental Responsibility Evaluation
Posted on November 7, 2017
Good parents and bad, may from time to time be evaluated by third parties at the request of the Court, or within the context of family law litigation. Preparing for a time-sharing evaluation is important and should be given your careful attention. First impressions stick, and preparing properly for the evaluation can keep you from giving your evaluator a poor impression. The “evaluators” mentioned in this article can range from social investigators, Department of Children and Family...
What is The Right of First Refusal?
Posted on October 31, 2017
Many couples who go through divorce find themselves in a situation where one parent may plan to leave the children in childcare while the other parent is available. This provision, often referred to as ‘the right of first refusal,' will differ depending on the parenting plan devised during the divorce, though, it is not mandatory under Florida law. The right of first refusal, or ROFR, is the right of one parent to watch their children in times where the other parent ...
Is Dating During a Divorce Risky?
Posted on October 25, 2017
It can be tempting to begin dating once you and your spouse have decided to divorce. After all, it’s always comforting to have a third party there to support you through this challenging time. Although you and your partner may have already separated, the court still recognizes you as a couple. If you decide to pursue a relationship in the midst of a divorce, here are some issues that may arise: (a) Risks in Court. (b) Emotional Turmoil ...
Does the Age You Get Married Impact Divorce Rates?
Posted on September 17, 2017
There are many factors in a marriage that can cause divorce. The truth is, the causes for American divorces, like relationships, are complicated. Even though the divorce rate has dropped, in large part due to the Millennial Generation, there are numerous reasons why married couples don’t make it until death do they part - one of which is the age they got married. Unfortunately marriages do not last based solely on personal chemistry or physical attraction. When you choose to get married
Do I Need an Attorney for My Divorce?
Posted on June 9, 2017
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. (a) If you have many complicated assets to divide up...
Why Divorce is Healthier for Your Family than an Unhappy Marriage
Posted on February 19, 2017
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....
What Happens to Pets in a Divorce?
Posted on January 4, 2017
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? Anyone who has a dog, cat, or other animal knows their furry friend is part of the family, however, in the eyes of the Florida law, pets are seen as property, not something subject to enforceable visitation or time-sharing rights. When it comes to fighting for your pet in Court, here are some useful tips to keep in mind.?...
How a Divorce can Impact Retirement
Posted on December 12, 2016
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. If you’re over 50 and in the midst of a divorce, consider the following when making decisions concerning the division of your retirement...
Top 5 Things to know about High-Asset Divorces
Posted on October 1, 2016
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 you should keep in mind during the process:
(a) Choose your battles. (b) Don't Lie. (c) Be wary of social...
Categories: Assets and Divorce
Missing Spouses and Divorce
Posted on July 15, 2016
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. Should you find yourself in this position, it is imperative that you seek legal advice from an experienced family law attorney who is familiar with the law surrounding this issue....
Dogs, Cats, and Automobiles...
Posted on November 21, 2015
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. Courts are consistent that pets are property, an asset that requires equitable distribution. Whether the pet is considered a premarital or a marital...
What You Should Know about Divorce and Bankruptcy
Posted on November 11, 2015
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. We recommend Orlando couples who are contemplating divorce to focus on long-term strategies to protect their financial futures. In situations potentially involving both divorce and bankruptcy....
Passports for Children during a Divorce
Posted on January 19, 2015
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. In addition to any remedies you might be able to obtain in Family Law Court, the Department of State provides parents with some protection...
Parenting Classes, Counseling, and Divorce
Posted on January 5, 2015
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. Counseling in today’s day and age is not just for the weak and feeble...
The Holidays and Divorce
Posted on December 18, 2014
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. While you will never have the life you once had, you have the opportunity to prepare yourself and your family for this change. Positive or negative, this choice can be yours. Below are some suggestions to help...
Tax Exemptions and Divorce
Posted on December 15, 2014
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. The parent with the majority of the time sharing typically is entitled to claim the exemptions but it does not have to be this way. The parent with...
Setting Aside a Marital Settlement Agreement
Posted on December 3, 2014
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. Timing, particularly as to when the settlement agreement was signed (i.e., before...
Preparing for Divorce
Posted on November 5, 2014
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...
What to Do When Marital Assets or Debits are Left Out of Your Final Judgement of Dissolution of Marriage
Posted on August 11, 2014
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...
Categories: Assets and Divorce
Facebook is Ruining Marriages AND Divorces…
Posted on July 22, 2014
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. ABC News recently examined this new trend and reported that according to the American Academy of Matrimonial Lawyers, in 2011, thirty-three percent (33%) of divorce filings...
Social Networking Sites & Your Divorce Case: The Legal Implications of Today’s Social Media!
Posted on January 11, 2013
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...
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