May
What's the Difference Between Divorce and Annulment?
How is an Annulment Different? In the state of Florida, a marriage can be ended either by a divorce or an annulment. An annulment differs from a divorce in that an annulment is a decree that a legal marriage never existed. While most times it is preferable to seek a divorce rather than an annulment, there are certain times and certain situations when an annulment may be appropriate. In Florida it is more difficult to obtain an annulment rather than a divorce due to the necessary court proceedings and burdens of proof. The court procedure and end-effect of a divorce is quite different from an annulment. A divorce declares that a marriage existed, has come to an end, and may have provisi ...
May
Premarital Agreements in Divorce Explained
What Is a Premarital Agreement? In Florida, prenuptial agreements are called premarital agreements. Many couples decide on premarital agreements to protect their assets and their financial futures. These agreements are contracts that were made between prospective spouses before marriage, cover each of their financial rights and obligations during the marriage, and define how certain issues such as alimony and property division will be treated if the marriage ends in divorce. If you have a premarital agreement and are considering divorce, this is one of the first things that should be discussed with your attorney. Is My Premarital Agreement Enforceable? Yes, in most cases you are obligat ...
Apr
Estate Planning in Divorce
Don't Forget About Estate Planning It’s always a good idea to start planning ahead for things that will need to be altered due to the changes in relationships that occur with divorce. Many people forget the important step of estate planning during pre-divorce and post-divorce activities. Most likely, you will not want your ex-spouse’s name on documents that relate to your future finances or your healthcare directives. If you are contemplating or going through a divorce, be proactive in your approach and get legal advice about estate planning as soon as possible. What Documents are Related to My Estate? Some of the key documents that deal with your estate include: Life Insurance Poli ...
Apr
Documents to Assemble When Preparing for Divorce in Florida
Stay Focused - Organize All Necessary Paperwork While this is a very emotional time, it is important to stay focused during the entire process of divorce. In the early stages, one of the most significant things you can do is to gather and organize all of the necessary paperwork. When you meet with your divorce attorney you should have as many of the critical documents as possible already in order. The exact paperwork you will need for a divorce will depend on whether your divorce is contested or uncontested. More paperwork will be required in a contested divorce, so it is always best to be well-prepared. The attorneys of In Law We Trust Divorce and Family Lawyers, who specialize in divorces ...
Mar
Retirement Plans and Divorce in Florida
Separate Property vs Marital Property The way in which retirement benefits are divided as part of a divorce settlement in a Florida divorce can be quite complicated. It is important to know that the court only considers retirement or pension funds that were accrued during the marriage as marital property. Any money that either spouse deposited or earned before the marriage, or after the divorce, is considered separate property. Therefore, as separate property, it is not subject to the court’s process for division of marital property. The courts use various methods to arrive at the actual amount of a retirement plan or pension that was earned during the course of the marriage. The facto ...
Mar
Children's Bill of Rights in a Divorce
Don't Take Your Children's Feelings For Granted The Children’s Bill of Rights is something we like to mention during or before a divorce involving children. We feel the issues discussed here are ones that often parents need to be reminded of. Things like not being forced to get involved in grown-up issues and remembering not to treat them like pawns during or after a divorce. After all, kids are people too. For the sake of a child’s education, their daily routine, and to help them better associate with family and/or friends, parents are requested to always remember that children deserve the following: The right not to be asked or expected to choose sides or be put in a situation whe ...