Mar
Should You Stop Paying the Mortgage & Spouse’s Bills During a Divorce?
What Are Your Legal Responsibilities? During divorce, interactions between the spouses can become hostile, angry, bitter, and spiteful. Add to that the uncertainty of a future financial outcome and the situation can quickly become a recipe for disaster. The attorneys of In Law We Trust Divorce and Family Lawyers are frequently asked by our clients as to how to handle financial obligations during the divorce process - whether or not they have moved out of the house. Couples at the early stages of divorce often find it simplest to keep the status quo in terms of paying household bills – in other words, continue to share bills that were typically shared, and take care of ones that each spouse ...
Mar
Should You Represent Yourself in a Divorce?
It is not unusual for men to believe that with a little research and their own negotiating skills, divorce might be something that they can figure out on their own. While you may be tempted to file for divorce on your own using court provided documents or information from a book, website, or worse yet, advice from well-meaning friends - don’t do it! Your future is too important! Always, Always, Always Seek Proper Representation Divorce is a complicated process. Combine that with it also being an emotional time, and you can make damaging mistakes that will drastically alter the outcome - and not in your favor! This definitely is one scenario that it is an absolute must to seek out expert ...
Mar
Should You Move Out of Your Home During a Divorce?
It Could Be a Big Mistake This is a question that we frequently discuss with our clients - and it is a tough one! We understand that things are probably pretty tense for all concerned when couples are considering divorce or in the midst of the divorce process. You may feel like you need space in order to get your thoughts together and lower your stress level. Emotions are probably running high and it is most likely difficult to keep from exchanging petty remarks, tossing criticisms back and forth, arguing, and bringing up the transgressions of the past. As a man, you may think that it is up to you to be the one to leave, as you want to know that your children (and even your soon to be ex) a ...
Feb
Can Modifications Be Made to Custody and Parenting Plans in Florida?
The Burden is on the Parent Seeking the Modification It is possible to make modifications to a court ordered parenting plan. However, the burden is on the parent that wants to change the time-sharing arrangement. It must be shown that there have been significant changes in circumstances since the last order was entered and that there are valid reasons for making new arrangements for the children. When seeking a father’s custody rights or any changes to existing parenting plans, it is important to show that that you have been, and are willing to continue to be, cooperative with the other parent on all issues that relate to your children. You also must prove that you are willing to keep th ...
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 ...