Recent Blog Posts
How Can I Pay Less Alimony?
Alimony, also known as spousal support, is often a major concern in a Florida divorce. Paying alimony to an ex can feel deeply unfair, especially if you hold your spouse responsible for the breakdown of your marriage. If you have been ordered to pay alimony, you may wonder if there are ways to reduce or eliminate your payments.
Florida law provides several options for modifying or terminating alimony under certain circumstances. Understanding your legal rights can help you avoid overpaying, but it is important not to stop making alimony payments until you are absolutely sure the court has approved it. If you believe your alimony obligation is too high or no longer necessary, a Florida family law attorney can help you explore your options.
Four Things Kids Wish Parents Knew About Divorce
One of the things that stops many people from getting a divorce is the thought of what it could do to young children. Divorce is tough even on adult kids, but research suggests it can have a seriously negative impact on young kids if the divorce process and its aftermath are not managed well.
That being said, many people come from childhoods involving divorce and very happy, successful lives. If you want to get divorced but also want to protect your children, our Florida family law attorneys can help. Understanding a few things that kids often wish their parents knew about divorce is a great place to start.
Kids Do Not Want to Choose Between Their Parents
Children whose parents are getting divorced or have already gotten divorced often feel as though they need to show loyalty when they are with each parent. Thoughtless disparaging comments made about your ex can put your son or daughter in a position where they feel like they have to agree with you or risk betraying you. Unfortunately, that agreement often means they instead feel as though they are betraying their other parent. Be extra careful about the way you speak about your ex; your kids should not be the place where you ever vent your negative feelings.
Do I Need a Certified Financial Litigator for My Divorce?
Although divorce is rarely a walk in the park, for some couples divorce presents unique challenges. This is especially true when a couple shares a high net worth because their financial picture is typically substantially more complicated and therefore difficult to divide.
For some couples, a Certified Financial Litigator (CFL) is the answer to these troubles. In addition to other financial experts, a CFL can really dig into the details of a couple’s overall financial picture and do the fact-finding needed to help a couple negotiate a fair divorce decree. To learn more, read on and then contact our Miami, FL asset division lawyers for further help.
What is a Certified Financial Litigator, and What Do They Do in a Divorce?
To become a CFL, the certifying authority requires candidates to be accepted by the Academy, be in good standing, and complete special CFL certification requirements before passing an exam. The CFL program equips attorneys to understand complex financial topics, including:
When is the Right Time to Talk to Kids About Divorce?
One of the most challenging aspects of divorce is explaining it to your children. Regardless of their age, children need reassurance and support during this difficult time. Knowing when and how to talk to your kids about divorce can help reduce their anxiety and set the stage for a smoother transition, and our Miami, FL family law attorneys can help.
Choosing the Right Time to Tell Your Kids About Divorce
The right time to talk to your children about divorce depends on several factors, including their age, maturity level, and emotional strength. While there is no one-size-fits-all answer, many experts recommend having the conversation once you and your spouse have made a final decision to separate. Waiting too long may cause confusion, especially if your children sense that something is wrong.
If possible, both parents should be present for the discussion. This shows unity and reassures your kids that you will continue to work together to care for them, even if you are no longer married.
What is the PEACE Divorce Process in Florida?
Florida law governs divorce and all its issues, including alternative divorce resolutions like mediation and collaborative divorce. Divorces may be uncontested or contested. An uncontested divorce occurs when both spouses agree on every issue, including the allocation of parental responsibilities, asset division, and spousal support. While a fair number of divorces begin as uncontested, relatively few end up this way. A divorce that begins as uncontested can quickly become contested and even hotly contested.
The majority of divorces have at least one or more areas of disagreement, and while more than 90 percent of all divorces are eventually settled out of court, this does not mean they are settled without some friction. Some Florida family law attorneys utilize the PEACE process, which lists the order in which each part of a divorce is resolved and how to resolve them more…well, peacefully.
Can Inflation Affect Alimony in Florida?
Inflation is the rise of the cost of goods and services over time. It is why people have to pay more now for everyday items like food, gas, and housing than they did in the past. In Florida, inflation can greatly affect divorce cases, especially when it comes to alimony payments.
Alimony is meant to help the lower-earning spouse maintain a similar standard of living to what he or she had during the marriage. However, as the cost of living increases due to inflation, alimony payments can be impacted in both positive and negative ways. To find out more about how inflation might impact you, speak with an experienced Miami, FL family law attorney.
How Does Inflation Impact Alimony?
When there is inflation, there is an increase in the general cost of living. That makes it harder for people to pay for the things they need. Inflation can also impact alimony payments, with both sides potentially suffering.
3 Ways Hurricane Season Can Impact Miami Custody Agreements
Miami residents enjoy the warm weather and beaches that the city is famous for. However, anyone who lives there also knows that hurricane season can have a major impact on many aspects of life. Plans can quickly change and people need to adapt and change course when a dangerous storm hits.
Hurricane season can create unique challenges for divorced parents with shared custody. The good news is that many other parents have handled similar challenges before, and a knowledgeable Miami, FL custody attorney can prepare you for issues you may not have otherwise anticipated and help you navigate complications that might arise.
Changes to the Visitation Schedule
During hurricane season, plans and schedules might need to change with little notice, and visitation schedules are no exception. It might be impossible for a parent to travel to pick up their child when they are supposed to if there is a hurricane raging and the roads are unsafe. A parent might be unable to accommodate the child on his or her appointed day if a storm has knocked out their power or their home has been damaged.
Can I Prove I Am the Father if the Mother Objects?
In Florida, paternity can be established in various ways. When a straight, married couple has a baby, the wife is considered the mother, and the husband is considered the father without either parent needing to prove their relationship to the child.
When a couple is not married, it can be slightly more complicated. The woman who gave birth is automatically considered the mother and her name will appear on the baby’s birth certificate. The father’s relationship needs to be proved through a DNA test, which can happen with both parents’ consent or against one of their wishes through court orders. If you want to prove you are the father of a child whose mother is trying to keep you away, contact an experienced Miami, FL family law attorney for help.
How Is Paternity Established for Unmarried, Willing Parents in Florida?
A biological mother is recognized no matter what happens. When she gives birth, she is automatically legally considered the mother. When two unmarried parents have a child, they can fill out a form known as a Paternity Acknowledgement in the hospital at the time of birth. The father’s name will appear on the baby’s birth certificate alongside the mother’s, and he will be eligible for parental rights and responsibilities. If unmarried parents decide to establish paternity after the birth anytime until the child turns 18, they can fill out an Acknowledgement of Paternity Form in the presence of a notary public or two witnesses.
What Is Involved in the Discovery Process of a Miami Divorce?
When a couple in Florida decides to get a divorce, there are several steps they need to go through before their marriage is officially and legally over. One of the most important stages is called the discovery process. During this stage, both spouses have the chance to get essential information from each other to help avoid surprises down the line and to encourage a fair division of responsibilities and marital assets. To learn more, speak with an experienced Miami, FL family law attorney.
Why is Discovery Important During Divorce?
When a couple gets a divorce, they need to draft a settlement that addresses all the ways their lives will now continue separately. Whether they are considering how to split their parental responsibilities, finances, or anything else, it would be impossible to calculate a fair division without having all the necessary information.
Florida Residency Requirements for Snowbird Divorce
If you live in Florida, chances are you know what a snowbird is. No, this article is not about a winged animal that moves around based on weather patterns. In Florida, a snowbird is someone who lives somewhere, generally in the northern part of the country, where winter is harsh and uncomfortable, and who stays in that location during the warmer summer months but moves to Florida for the winter. This is not a type of vacation but rather a lifestyle where a person has two residences: one in a location with cold winters, the other in Florida.
It is easy to imagine why this might be such a popular lifestyle choice for many Americans.
However, there can be complications involved when someone splits their time between two locations, especially during legal proceedings like divorce. This article will discuss Florida residency requirements for divorce purposes. If you are a snowbird considering divorce, speak with an experienced Miami, FL divorce lawyer to learn more.
Contact Miami Family Law Group, PLLC
Our attorneys are ready to help address your legal needs. Schedule an appointment by calling 305-520-7874 or contacting us online.