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Terminating Parental Rights

If you are reading this, hopefully, it is for informational purposes and not because termination proceedings have been started against you.  The termination of parental rights is a legal remedy available to the courts. However, it is usually a last resort or worst-case scenario for the courts. Read on to learn the basics of terminating parental rights. What Does Terminating Parental Rights Mean? When one has their parental rights terminated, the courts are legally declaring as if you never had a child. Typically, the courts' most important consideration is the “best interest of the child”. In almost any case of [...]

December 27th, 2020|Categories: Florida Legal Blog|

Prenuptial and Postnuptial Agreements

Relationships are like rollercoasters.  They all have ups and downs.  Some relationships have more ups than downs where others have more downs than ups.  Prenuptial and postnuptial agreements can assist in protecting individual assets in the case of divorce or death. What are Prenuptial Agreements? The courts in Florida also call prenuptial agreements, premarital agreements. The premarital agreement is a legal contract between two individuals before marriage.  These agreements often guide the courts on how to split marital assets and determine alimony in case the marriage ends in a divorce.  The agreement becomes executed once the marriage has been made [...]

December 18th, 2020|Categories: Florida Legal Blog|

Emancipation Under Florida Law

It is natural for children and parents to have disagreements.  If you listen to any home with teenagers, you will eventually hear an argument or hateful words. You, yourself as a teenager probably uttered similar words to your parents out of anger or frustration.  99% of the time, the teenager does not mean it. There is, however, the 1% where a child needs to be “divorced” from his or her parent(s).  In Florida, the process is emancipation. What is Emancipation? Emancipation is the legal term for a minor to gain the rights and responsibilities of an adult.  Florida automatically extends [...]

December 11th, 2020|Categories: Florida Legal Blog|

Difference Between Divorce and Annulment

The sad reality of marriages is that sometimes they no longer work out.  When the honeymoon stage of marriage reaches its logical conclusion, the couple has a decision to make. Do they carry on with their relationship or do they end it? If they do end it how do they decide between a divorce and an annulment?  Below, we discuss the differences between divorce and annulment and when they are applicable for a couple. What is a Divorce? Under Florida law, a divorce is a dissolution of marriage. Firstly, the parties seeking to end the marriage must prove that the [...]

December 4th, 2020|Categories: Florida Legal Blog|

Common Questions and Answers Regarding Divorce

If you are considering divorce, you likely have some questions regarding the divorce process. There are many details and nuances involved, so it can be difficult to give specific answers to every questions, but today we are going to answer some of the more broad and common questions that people have about divorce. How much does it cost? There are many different fluctuating costs depending on the specifics of the divorce. There are, however, some fixed costs which include court fees and filing fees. Depending on what state you live in, these costs generally range from $200-$500. Fluctuating costs include [...]

November 27th, 2020|Categories: Florida Legal Blog|

Coronavirus and Divorce

In the wake of the coronavirus, the country is experiencing an unfortunate side effect. There was a sudden increase in the number of divorces. Though not directly caused by the coronavirus, the extended periods of togetherness and feelings of isolation have pushed already strained relationships to the brink. Seeking a divorce during the lockdown has made the process of divorce a bit more challenging, though not impossible. It also means that there will be some additional hurdles to finalizing the divorce. However, your attorney can help you with every step of the process. Increased Stress According to articles by the [...]

November 20th, 2020|Categories: Florida Legal Blog|

Seniors and Divorce

An interesting statistic over the last few decades shows that the rate of divorce among senior citizens has increased significantly. No matter what age bracket you fall into, divorce is never an easy decision to make. But it can pose some additional challenges for those who fall into the “senior” category. Today we are looking at some of the common struggles that seniors face when getting a divorce. Finances The financial impact of divorce can hit especially hard if you are a senior. The effect of rising living expenses in the face of retirement can drastically alter if not completely [...]

November 13th, 2020|Categories: Florida Legal Blog|

What To Do If An Employee Refuses to Return to Work

With many states and counties opening back up, some employers are facing difficulties with an employee who refuses to return to work. Employers need to tread lightly when dealing with reluctant employees. The practicality and legality of these issues can be quite complex. It is crucial for employers to speak with their business attorney to ensure that all of the legal ramifications have been considered before taking next steps. ADA According to the Americans with Disabilities Act, or ADA, employers  must consider any reasonable request for accommodation. This applies to any individual employee who refuses to return to work, regarding [...]

November 6th, 2020|Categories: Florida Legal Blog|

Why Hire a Divorce Attorney

Deciding to get a divorce is not something that should be taken lightly. It can be a long and arduous process, especially if the relationship is not ending amicably. One thing that you can do to make the process easier for yourself is to hire a divorce attorney. You want someone on your side who can help you navigate the ins and outs of the divorce process. Below we discuss some of the major reasons to hire a divorce attorney. Reduce Stress One of the biggest reasons to hire a divorce attorney is to reduce stress. Divorce is one of [...]

October 30th, 2020|Categories: Florida Legal Blog|

End of Alimony: When Does That Happen?

Part of your divorce agreement may have included an award of alimony. One of the most important things you can do post-divorce is to make financial preparations for when that alimony comes to an end. It is important in your preparations that you fully understand the terms of your alimony so that you know exactly when alimony will end. Each state and every divorce is different, so the terms will be specific to you and your situation. It is important that you speak with your attorney to be sure that you fully understand the alimony arrangement. There are different types [...]

October 23rd, 2020|Categories: Florida Legal Blog|

Your First Meeting with a Divorce Lawyer

Your first meeting with a divorce lawyer can be daunting. Divorce is a life-altering decision. Not knowing what to expect makes the situation all the more harrowing. What do you need to bring with you? What questions are you likely to be asked? The stress of the unknown can be overwhelming. In this article we will discuss what you need to know about your first meeting with a divorce lawyer. Documents You Need In order to be prepared for your first meeting with your divorce attorney, there are a couple of documents you can prepare to make the meeting run [...]

October 9th, 2020|Categories: Florida Legal Blog|

Child Custody and Relocation

A new job, a new relationship, moving closer to family, or all of the above can all be reasons you want to change child custody and relocation. However, if you are sharing custody with your ex, it can make things more difficult. If your divorce and custody agreement were finalized in the state of Florida, there are only a select number of circumstances where relocation is allowed. The first priority is always what is in the best interest of the children. Before relocating, it is important that you speak with your attorney. This ensures that you are familiar with the [...]

October 3rd, 2020|Categories: Florida Legal Blog|

Divorce Don’ts: What Not To Do in a Divorce

Divorce is never easy. It is an emotional and stressful decision to make, and the process can be even more so. With all the different aspects of your life being weighed and measured and examined and divided, you may wonder what you should or should not be doing throughout the divorce process. Of course, you should speak with you attorney at every step of the journey to ensure that nothing is left out, but there are a few divorce don'ts. Divorce don'ts are things to avoid do if you want to make a clean break with your divorce. Do not [...]

September 24th, 2020|Categories: Florida Legal Blog|Tags: , |

What To Consider Before Divorce

Divorce is a big decision, not one to make lightly. There is a definite reason why it is on the list of top stressors in a human life among moving, having a child, marriage, and buying a house. So before calling it quits, there are a few things to consider before divorce. It is important that you fully understand all your options and the ramifications before starting the process. Separation Divorce is not always the best choice. For some people, there may still be hope between the spouses of an eventual reconciliation. Perhaps some time apart will allow you and/or [...]

September 18th, 2020|Categories: Florida Legal Blog|Tags: , |

How Divorce Affects Your Career

You might think that divorce only changes things in your home life. However, with all the stress and changes to the routines at home, divorce also affects your career as well. If you were not working before the divorce, you may suddenly find yourself in need of a job in order to support yourself. If you were employed before the divorce, changes to your home life could mean you need to cut back on hours or take a demotion in order to balance work and home. This is especially true if you have children who you will now be caring [...]

September 11th, 2020|Categories: Florida Legal Blog|Tags: , |

Discipline While Co-Parenting: Find The Balance

It is a universal truth that at some point in your parenting journey you will need to discipline your child. What form that discipline takes may vary from person to person. But in order for your child to learn and become a better person, they must be taught. The question is: how do you navigate discipline when you are divorced and co-parenting? Co-parenting is complicated enough but add discipline into the mix and it can become even more difficult. Remember that it is an adjustment for everyone involved, so there will naturally be a learning curve. Be patient with one [...]

September 4th, 2020|Categories: Florida Legal Blog|Tags: , |

The Most Common Business Contracts

Contracts are essential to keeping a business moving, and this is especially true for locally-owned and small business. Paperwork protects both businesses and clients, and also keeps everyone’s intentions and desires clear. This week, we are exploring the most common business contracts that you encounter as a business owner and entrepreneur. Partnership Agreement While some entrepreneurs and owners are independent, many others work with a partner. While there are some challenges associated with business partnership, they are oftentimes fruitful. In order to keep any significant issues at bay, partnership agreements are essential. A good partnership agreement is like a plan [...]

Child Dependency Action Process

“Child dependency action” is the official legal way of discussing the process that happens when abuse allegations are made. In the state of Florida, that means that the Department of Children and Families (DCF) is conducting the investigation. Allegations are made by teachers, doctors, or other people in the child’s life. Read on to learn about the actual process of a child dependency action. Before We Begin If you or someone you know is experiencing abuse, neglect, or abandonment as a minor, report the problem to the Florida DCF. They have ways to report online, as well as telephone, TTY, [...]

August 21st, 2020|Categories: Florida Legal Blog|Tags: , |

The History of Special Education Law, Part Two

Last week we began our delve into the history of special education law in the United States with a review of the special education from its inception through the impact of Brown vs. Board of Education. This week, we are exploring the steps the federal government takes to protect special education students in the more recent history of special education law. Elementary and Secondary Education Act Of 1965 Congress passes the Elementary and Secondary Education Act (ESEA) to try and balance the inequality of educational opportunities for children of different socioeconomic classes. They sign this act into law in 1965. [...]

The History of Special Education Law

Special education law has a long history in the United States, and it is not always a pretty history. To understand our modern special education system, we need to look at the past. An examination of the history of special education law helps us understand how we arrive at the current state of things. Read on to learn about the history of special education law in the United States. Early Programs The idea of special education first becomes popular in America in the late 1800s, specifically the 1890s. Unfortunately, the earliest programs have some significant issues that limit their ability [...]

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