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10 Factors That May Determine Your Child Custody Rights

April 5, 2018

10 Factors That May Determine Your Child Custody Rights

The state of Florida no longer assigns primary or secondary custody; instead, time is usually split 50/50. If the parents cannot agree or the courts find that equal time sharing is not in the child’s best interest, one parent may be granted custody for the majority of the time.

How is Custody Determined?

During a divorce, parents will need to come to an agreement regarding time sharing and decision making. This is called a parenting plan and must still be submitted in writing for official approval from the court.

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Adultery and Divorce

March 30, 2018

Adultery and Divorce

Florida is considered a “no-fault” divorce state, which means that to end a marriage, the court does not require a full disclosure of why you are getting a divorce. This also means that adultery does not affect most decisions regarding divorce. “No-fault” allows either party to ask the court for a divorce based only on the incompatibility between the couple. 

Adultery is defined as voluntary sexual intercourse between a married person and another who is not their spouse. In Florida, adultery is considered a misdemeanor of the second according to the Florida Statute 798.01. A couple is still considered married until they are pronounced divorced by the court. Since Florida is a “no fault” divorce state, parties will not have to prove that adultery is evident. They will only have to tell the court that they are no longer compatible.

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2018 Calendar of Needs

March 13, 2018

There are ways that you can help the Voices for Children (VFC) and Guardian ad Litem (GAL) throughout the year. You can donate items directly to the children that we serve with the help of the Calendar of Needs. Simply host a collection throughout the month and then drop off items to the VFC office between 9 a.m. and 2 p.m. on the last work day of the month (March’s drop off day will be Friday, March 30th).  The donations will be available at the GAL office for the kids that need them.

Thank you for your generosity!

Alimony Deduction Eliminated by New Tax Law

March 6, 2018

Alimony Deduction Eliminated by New Tax Law

The Tax Cuts and Jobs Act passed in December 2017 affects how taxes will be calculated for the 2018 Fiscal Year. This new tax bill includes many factors on the state of taxes, especially alimony payments. The provisions regarding alimony will only affect alimony agreements made after 2018; however if an alimony agreement is modified in 2019 the new tax provisions will be applied to the updated agreement.

Currently, the person that is paying alimony can deduct the payments from their taxes and the spouse receiving the award pays the income taxes based on their resulting tax bracket.

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How Pet Custody in Divorce Works

February 12, 2018

How Pet Custody in Divorce Works

At LaFrance Law we love our family dog, Roxy, and know how important pets are to their owners. Pets have become to play a larger role in the everyday lives of people and families. You may be wondering what will happen to your pets if you are getting a divorce. In the past, Florida courts would assist in determining a fair solution regarding the custody of pets but the Bennett v. Bennett case in the mid-1990s changed the way such matters were handled.

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How to Move on After Divorce

January 12, 2018

 

How to Move on After a Divorce

Moving on after a divorce can be difficult when transitioning to the single life. It helps to avoid overthinking about what happened in the past and be willing to move forward in all aspects of your life. Taking care of yourself from the inside out will allow you to live your best life with new changes developing.

Keep reading for our suggestions to help you move on after divorce.

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Setting Personal & Relationship Goals in 2018

January 2, 2018

Setting Goals in 2018

January not only kicks off the new year but it’s also the month that troubled couples begin to seriously debate getting a divorce. Issues that were ignored or pushed to the side during the holidays resurface and can often be the final straw for a relationship teetering on the brink of divorce.

Whether you’re debating moving forward with divorce proceedings or are currently in the middle of a divorce, creating personal goals provide you with something to strive for throughout the year and following a self care plan can not only improve your own situation, but also current and future relationships.

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Time Sharing & Children: Creating Happy Holidays

December 11, 2017

Time Sharing & Children During Holidays

After a divorce or during a separation, it’s important to prioritize your children’s needs, especially during the holidays. Divorced parents must have open communication about gift giving, trip planning and time sharing in order to have a stress free and happy holiday. There are several ways that divorced parents can spend a holiday with their kids and involve their children in the plan so their voice can be heard.

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Understanding Divorce in Florida

November 14, 2017

Understanding Divorce in Florida

What to Expect When Getting a Divorce

If you and your spouse have decided or are thinking about getting a divorce, it can be a confusing and long process. In Florida, divorce is known as dissolution of marriage and there are different types of dissolution dependant on your circumstances. The process for each type and the outcomes are different. Below is a summary to help you understand the basics of getting a divorce and what options are available to you.

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5 Back to School Co-Parenting Tips for Divorced Parents

October 2, 2017

Back to School Co-Parenting Tips

Sending your children back to school as a divorced parent requires a bit more preparation than it typically would as a couple. Not only do you have to keep track of you and your children’s agenda, but you’ll have to be aware of your co-parents’ schedule as well.

Effective co-parenting involves a great deal of communication, setting expectations, and building a network of support for your child. These co-parenting tips for divorced parents will help you accomplish all of this as well as get you and your child on the path to success for the new school year.

1. Parenting Plan

Getting on the same page as your co-parent is the first step in assisting your child with having a great school year. That’s why we recommend putting together a detailed parenting plan from the start in an effort to alleviate obstacles in the future.

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