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PEACE During Your Divorce

PEACE During Your Divorce Divorce is a difficult period, which can be outright traumatic and harrowing to go through. However, Florida has several vital statutes to offer support and guidance to those experiencing the often brutal transition from life as a family to living as separated individuals. These laws are in place to preserve the integrity and dignity of marriage and protect meaningful relationships, to promote the resolution of disputes in a civil manner, and to limit the amount of harm ex-spouses, and their children experience due to an end of the marriage. Otherwise known as 'keeping the peace'. With [...]

November 16th, 2021|Categories: Florida Legal Blog|Tags: , |

Property Division and Real Estate

Property Division and Real Estate Couples who make real estate purchases and related decisions make significant investments that represent the real possibility of serious loss and can bring serious challenges in a divorce. Like all states, Florida has its own laws, rulings, and statutes about how property division is handled during the divorce process. So how does Florida address property during a divorce? Division of Real Estate Holdings According to Florida statutes, Civil Practice and Procedure § 61.075, et seq and Estates and Trusts § 732.216, et seq. - The latter of which is also referred to as the Florida [...]

November 8th, 2021|Categories: Florida Legal Blog|Tags: , |

Vague Contract Terms

Everyone, at some point in their life, enters into a contractual transaction. It might be a simple contract, such as ordering an item of food from a fast-food restaurant. On the other hand, it might be more complex. For example, negotiating a hundred-year lease on a commercial property for a well-known business. For the average person, the majority of contracts will be straightforward to use. Sometimes, however, contracts may use vague terms that may impact the enforcement of the contract. Although this may happen in any contract, it most often happens with business owners attempt to negotiate contractual terms. In [...]

October 29th, 2021|Categories: Florida Legal Blog|

Guardians Ad Litem In Divorce Proceedings

An unfortunate reality is that divorces happen. Many times these divorces can result in very contentious cases that can become amplified when there are children involved. When divorcing parents cannot decide on how to move forward concerning children's custody, the court may appoint a representative. These representatives are guardians ad litem, and they assist the court in deciding the best interest of the child. In this article, we will discuss the role of a guardian ad litem in a divorce proceeding. What Are Guardians Ad Litem? In our previous article, "Guardian Ad Litem, What is That?" we discussed what a [...]

October 22nd, 2021|Categories: Florida Legal Blog|

Foreign Judgment In Florida Family Court

There's a joke about Florida that it is actually four states that get along well enough to act as one. Due to low tax rates, housing opportunities, and climate, Florida is always growing. The state has an influx of new residents from other states and countries. As a result of this migration pattern, it is common for courts to see family court judgments from outside jurisdictions. In this article, we will discuss the process of getting a Florida court to recognize and enforce a foreign judgment. What Is A Foreign Judgment? Under Florida law, a "foreign" judgment is any legal [...]

October 14th, 2021|Categories: Florida Legal Blog|

Compensatory Education For Special Needs Children

As of the writing of this article, the world has been dealing with the COVID-19 pandemic for over a year. A new wave resulting from the Delta variant of COVID-19 has been wreaking additional havoc throughout the state in Florida. It is creating more uncertainty as to what will happen with the 2021-2022 school year. The loss of public school system services can be very damaging to the future and well-being of special-needs children. In this article, we will discuss compensatory education and how it may help school-aged special needs children. What Is Compensatory Education? Compensatory education is an option [...]

October 8th, 2021|Categories: Florida Legal Blog|

Assets Acquired After Filing For Divorce

The majority of couples do not contemplate their marriage ending in divorce. Even when a couple signs a prenuptial agreement before the marriage, it is usually to protect existing assets; it is not indicative of wishing to get a divorce. Unfortunately, over fifty percent of marriages in the United States end in divorce. With that in mind, there is a possibility that a couple will need to determine how to split marital assets. That is a complicated endeavor to begin with. However, what happens if one or both partners acquire assets after filing for divorce but before the court grants [...]

September 29th, 2021|Categories: Florida Legal Blog|

Child Custody Interference

Divorce proceedings are usually emotional for the parties involved. It is not easy for a couple who at one point was in love with each other to come to terms that their marriage may be over. This is tough when the marriage ends amicably but becomes even more difficult when there is jealousy or hurt feelings involved. Add to the mix of child custody issues, it might lead one parent to act in an irrational behavior such as kidnapping their child so as not to lose custodial rights. In this article, we will discuss what can happen if child custody [...]

September 21st, 2021|Categories: Florida Legal Blog|

Prohibiting Seclusion In Public Schools

In the United States, students with disabilities are entitled to special accommodations at public schools to assist them with their development. In some cases, schools will mainstream many of these students into the general student body. On the other hand, there are students keep in specialized classes suited to meet their physical, mental, and emotional needs. A challenge that many of these schools have is deciding the best form of discipline for many of these students. One controversial form of punishment that many educators in the State of Florida implemented in the past was something called seclusion. On June 21, [...]

September 14th, 2021|Categories: Florida Legal Blog|

Federal Versus State Rights On Special Education

Access to primary public education is a right that has been enshrined in both federal and state law. The right is not dependent on whether a child has certain physical or mental abilities. When a child has certain limitations and qualifies for special education, this entitles them to additional rights and privileges to ensure the school is meeting their academic needs. In this article, we look into the law that grants these rights and compare the federal versus state laws. What Is The Individuals With Disabilities Act (IDEA)? The Individuals With Disabilities Act (IDEA) mandates certain minim standards that the [...]

September 8th, 2021|Categories: Florida Legal Blog|

Age Of Majority for Special Needs Individuals

Having children brings little celebrations that parents get to look forward to. However, for parents of special needs children, some milestones can be fraught with fear and uncertainty. One such milestone is when the child reaches the age of majority. In this article, we will discuss some issues a parent should consider as their special needs child reaches the age of majority. What Is The Age Of the Majority? The age of majority is the age that the government deems a person capable of understanding the consequences of their actions. In other words, legal adulthood. In every state in the [...]

August 27th, 2021|Categories: Florida Legal Blog|

Relocating As A Shared Custodial Parent

Divorce is often emotional and can lead to hard feelings between former spouses. Involving children only makes the situation more complicated. Ideally, the parents can put their differences to the side for the best interest of the child. In some cases, the resentment is so strong that the only resolution is to place physical distance between the ex-spouses. This can be complicated where children are involved, and both parents have been granted rights to the children. In this article, we will discuss relocating when you share custody with your ex-spouse. Florida Relocation Statute You can find Florida's relocation law in [...]

August 20th, 2021|Categories: Florida Legal Blog|

Special Needs Trust & Other Options

Having a child is a blessing but can also be a burden to worry about their future. That worry only increases if your child has special needs. Although there have been many advancements in therapy to help not just an individual with special needs but also the family, there is no denying the financial impact it will have on a family's budget. If it is not enough to worry about caring for a child with special needs while the parent is young and capable of working, there is always a concern as to how to take care of the child [...]

August 13th, 2021|Categories: Florida Legal Blog|

Owning A Business While Going Through A Divorce

Although divorce may be the only solution for a marriage, in many cases, divorce is a stressful process for everyone who has to take part. It can take an emotional and financial toll and lead to hurt feelings and lots of resentment. What may complicate the divorce process even more is if one or both partners are business owners. In this article, we will discuss the complications involved with owning a small business while going through a divorce. Issues To Consider There are a few legal issues that a person needs to consider while getting a divorce in Florida that [...]

August 6th, 2021|Categories: Florida Legal Blog|

Not Paying Child Support? What Might Happen

Whether a divorce is amicable or highly contested, if the couple has children, then the court needs to decide the issue of child support. Ideally, the parent who is responsible for child support to the other parent can fulfill their obligations without any issues. Sometimes, however, the parent responsible for paying child support either refuses or can no longer pay. In this article, we will discuss what might happen to you if you're not paying child support. Valid Child Support Order For one parent to force child support payments in Florida, they must have a valid child support order. It [...]

July 30th, 2021|Categories: Florida Legal Blog|

Military Divorces Vs. Civilian Divorces

With MacDill Airforce Base nearby, there are numerous military families living in Tampa Bay. Unfortunately, not all marriages work out, and even military families face such challenges. In this article, we will discuss special considerations that the court needs to make for military divorces. Who Can File For A Divorce In A Military Family? In a military family, a family where one or both spouses are active members of the United States Armed Forces, either spouse can file for a divorce. However, it is essential to note that certain factors might take effect in the divorce proceedings. Some issues that [...]

July 23rd, 2021|Categories: Florida Legal Blog|

Florida’s Law About Transgender Students

There has been a lot of news lately about Florida's new law about transgender students and its impact on students in middle and high school and on the collegiate level. Unfortunately, there seems to be a lot of misinformation out there regarding what the bill does and does not do. This article will attempt to explain what Florida's new law about transgender students does and how it may impact your child. What Is The Law Called? The law us called the "Fairness in Women's Sports Act." What Does The Law Do? The law requires students to play on the sports [...]

July 16th, 2021|Categories: Florida Legal Blog|

Can My Divorce Impact my Business?

As we have written about many times, divorce is a very emotional process. It can also be complex depending on the marital assets involved. One question that people often ask us is whether or not their former spouse can receive any portion of their business due to a divorce. Although the answer is not clear cut, in this article, we will discuss how a divorce might impact your business. This includes under what circumstances the courts can distribute a business due to a divorce. Marital Property Versus Separate Property In distributing assets between a divorcing couple, the courts will look [...]

July 9th, 2021|Categories: Florida Legal Blog|

Same-Sex Couples Divorce Process

On June 26, 2015, the United States Supreme Court, in its landmark ruling in Obergefell v. Hodges, legalized same-sex marriage under the Due Process Clause and Equal Protection Clause of the United States Constitution. This landmark case gave same-sex couples the same rights as heterosexuals to marry and start families. However, it also gave rise to another issue: how to handle divorce and child custody cases of LGBTQ+ couples. In this article, we will discuss topics pertaining to what happens when same-sex couples divorce. What is Obergefell v. Hodges? Obergefell v. Hodges is a civil rights case decided by the [...]

June 27th, 2021|Categories: Florida Legal Blog|

Social Media And The Law: What You Need To Know

Facebook, Twitter, and Instagram are just a few of the social media websites that businesses and people use daily. There is no denying that the internet revolution has given birth to the social media revolution. Many people mistakenly believe that what they post on the internet is anonymous. This is not true. In this article, we will talk about the legal issues of social media that can impact a business. What is Social Media Law? Social media law is the law that governs what users share on social platforms. Since these platforms are private entities, the free speech portion of [...]

June 20th, 2021|Categories: Florida Legal Blog|

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