Feb
Is it Possible in Florida for a Father to be Awarded Custody of His Children?
It's All About the 'Parenting Plan' First and foremost, it is important to understand that the courts will review a number of factors when granting custody. All of these factors will be tied to what is considered “in the best interests of the children.” In general, the courts believe that it is best for children to have adequate bonding time with both parents, no matter who the children live with. Rather than exclusively using the term “custody,” Florida law now recognizes the term of the “parenting plan” where not only are the time-sharing specifics clearly defined, but responsibility for every aspect of their child’s life is detailed. Sole responsibility or “custody” without visitation ...
Jan
An Overview of Dissolution of Marriage in Florida
Overview of Dissolution of Marriage in Florida Florida is a no-fault divorce state and that means that the only reason required for filing for divorce, also known as the dissolution of marriage, is that the marriage is “irretrievably broken.” That can be further described as claiming that the “marriage relationship is over and can’t be repaired.” Or, if it can be proved that one of the spouses has been mentally incapacitated for three years or longer, that is also grounds for filing for divorce. Either spouse can file, but they must do so in the county where either of the two parties to the divorce resides. The spouse must be able to prove that a marriage does exist, and that one of the ...
Dec
Divorce in the New Year - is it Finally Time?
There's Never Really an Optimal Time No matter what, it seems there really never is an “optimal time” to finally face the decision to divorce. While divorce can be a difficult and painful process, no one deserves to be trapped in an unhappy situation. Perhaps you have been considering a separation or divorce for a while, but the timing never seemed right. Whether it was the holidays, financial reasons, or fear of what lies ahead that kept you from moving forward, living in a dysfunctional relationship is unhealthy for everyone involved. As you step into the New Year, with new goals and hope for the future, it is a good time to look at your marital relationship in an objective way. If you ...
Dec
Post-Divorce Parenting During the Holidays
Divorce During the Holidays is Tough on Children Many times during the holiday season, divorced parents create unnecessary conflict about issues such as which days the children will be where, or who is buying what gifts. However, first and foremost, remember this season can be very tough on the children as they continue to adjust to the change in family dynamics. Your top priority is to make sure that the children have a loving and peaceful holiday, no matter what the circumstances. If you are newly divorced, there are many things you can do to help yourself and your children have a happy and healthy experience. The attorneys of In Law We Trust Divorce and Family Lawyers, who have years of ...
Dec
How to Survive Being Single for the Holidays
Newly Single for the Holidays? If you are in the middle of a divorce or just recently got divorced, you may be dreading the holidays. But don’t give up on the dream that there is a perfect Christmas, Hanukkah, or Kwanzaa in your future! Yes, you may feel lonely, depressed, and “off-kilter” this season; however that is perfectly natural as divorce is really quite a life changing event. Combine that with the pressure that you are supposed to be acting “merry” or “joyous” and that can cause you even more anguish. At In Law We Trust Divorce and Family Lawyers, we understand that everyone reacts to divorce differently, copes in different ways, and bounces back at different rates. For those ...
Nov
Modifications to Spousal Support: How Does Retirement Affect Spousal Support?
Is Retirement an Automatic Qualifier for Modification to Spousal Support? The short answer to this question is no, retirement does not necessary mean that there can be a dreduction or termination of spousal support. Although Florida law does consider retirement and a reduction of income as a possible valid issue in a request to modify or terminate alimony, it is not by any means automatic. While there may be new Florida legislature in the future to make it easier to modify spousal support upon retirement, one substantial matter is what the language of the original divorce decree says. That is why it is very important to have legal representation when divorcing. Structuring a settlement an ...
Nov
Modifications to Spousal Support: The Approach to Modifying Spousal Support
The Approach to Modifying Spousal Support There are basically two sides for initiating a modification for spousal support. One side (the payer) may petition for a reduction in the amount that is paid to the ex-spouse, or even petition for immediate termination or a revision to the termination date. The other side (the payee) may petition to the court for an increase in the amount or amount of time that they receive the award. If there has been a substantial change in financial circumstances that was unexpected or involuntary for either of the spouses, there may very well be a valid reason to consider seeking a modification to the spousal support that was awarded in the final divorce decree. ...
John DeGirolamo has a heartfelt passion for representing the underdog in an environment that is often unjustly stacked against his clients. He’s earned the trust of tens of thousands of Tampa men seeking a divorce, working with them to create a smooth, fair outcome of their years spent as dedicated husbands & caring fathers.
What is Temporary Custody, and How Does it Work?
Paternity Fraud: What Are the Consequences?
