What Happens After the Loss of Parent?

April 25, 2017

No matter the circumstances, having a parent pass away is an emotionally challenging time for the whole family. There are additional challenges for children of divorced or separated parents: what will happen now, where will they live, what else is going to change?

Government-Provided Benefits for Children

The United States Social Security Administration provides survivors benefits to unmarried children under the age of 18 and disabled children who were diagnosed before the age of 22. These benefits are calculated based on what the deceased parent would have received in social security upon retirement.

The State of Florida takes special interest regarding children of divorced and single parents to ensure that their day-to-day life remains as stable as possible during a separation. When a parent has passed away the state has also created guidelines regarding child support and custody to prevent additional stress for children and their family.

Why Establishing Paternity Matters

December 14, 2016

Why Establishing Paternity Matters

According to the CDC, about 40% of children are born to unmarried women. In Florida, the mother of a child born out of wedlock is the natural guardian with sole legal rights in respect to the child unless paternity is established.

So, what is paternity? And how does it affect you as an unmarried father? The definition of paternity according to Merriam-Webster is the “quality or state of being a father.” In Florida, paternity is the court accepted legal fatherhood of a child above and beyond being the biological father. Unless the biological father who is not yet the “legal father” establishes his paternity, he has no rights or obligations to the child.

How do you establish paternity in the eyes of the Florida courts? There is the opportunity to voluntarily establish paternity at birth or after if both sides agree and then sign an acknowledgment of paternity. Paternity can also be established through an administrative or judicial order that utilizes genetic testing to confirm paternity.

Why Do I Need a Divorce Lawyer?

December 7, 2016

Why Do I Need a Divorce Lawyer?

It can be tempting to forego consulting a lawyer when preparing for a divorce, but representing yourself in any legal matter is not as easy as it may sound. Those who choose to represent themselves in legal procedures without the aid of an attorney are known as “pro se”. Although you have the right to represent yourself in a court of law, many do not understand that choosing to do so means that the courts will expect you to follow the same rules and procedures that an attorney must follow.

Representing yourself in court requires researching precedents on local, state and federal issues relevant to your case that must be followed by Florida judges. Judges are not permitted to give any legal advice, as this may violate the principle of impartiality. Court staff are also restricted from providing legal advice. Even filling out forms is considered legal advice and you will need to seek the assistance of a licensed attorney if you have any questions before submission.

What happens to the house in a divorce?

December 1, 2016

What happens to the house during a divorce if you bought it before you were married? Courts in Tampa and throughout Florida apply the principal of equitable distribution when dividing the assets and debts between husbands and wives during a divorce. Before the assets and debts are equitably divided, it is necessary to first determine what assets and debts are nonmarital and which are marital. Generally, any asset and debt acquired during the marriage is considered marital and subject to equitable distribution between spouses. Under certain circumstances there can be exceptions in equitable distribution, these can include inheritance, gifts received by one spouse from someone other than their spouse and assets or debts that existed before the parties were married.

Divorce Advice: Avoiding Common Mistakes

August 1, 2016

Most people that have been through a divorce will tell you that during the divorce process they made many mistakes. Some heart-wrenching and some financially costly. The good news is that you can easily avoid many of the most common mistakes that people make. Here are our top mistakes to avoid:

Leaving a digital trail

It is very easy to get into a “digital” argument with your ex. But, please, don’t do it! This is our TOP mistake to avoid. Anything you write, can be used against you in a court of law. There are many times that people blurt out things in a text or an email that are venomous and beyond what they would voice in an argument. Let me say it again, ANYTHING YOU WRITE CAN BE USED AGAINST YOU. It is not necessarily erased and can be used out of context to set-up support for behavior patterns that your spouse wants to prove.

Top 5 Things To Know For Divorce

July 25, 2016

If you are going through a divorce and overwhelmed with emotions, please know you are not alone. Divorce is an emotionally trying time for everyone. It can seem overwhelming when first presented with this new reality, or be tempting to take action without actual consideration of the future results. Here are our top 5 things to know when going through a divorce:

Gather your financial documents.

You should have a good understanding of your finances when you begin the divorce process, as your assets and debts will be taken into account during the divorce proceeding and help determine the outcome of your divorce. You should have copies of all documents that reflect your assets and debts, such as tax returns, bank account records, retirement statements, pension or retirement funds and investment account records. If you were not responsible for the finances in your house, you will need to take an inventory of your assets and debt — including taking photographs of your home, property, and any valuables you may have inside your home — and request a credit report so you know where you stand financially. Knowing your financial situation will also help get you started on the right foot once the divorce is granted.

Top 5 Things To Look For In a Divorce Attorney

July 19, 2016

There are so many good lawyers in a given county that are all working hard to help people navigate through the laws of their country and state. When you are going through a divorce, it can be overwhelming to determine who is going to be the best lawyer for you. There are several things to consider when choosing a divorce attorney.

Find an attorney that makes you feel comfortable

Googling divorce attorneys will bring you the list of lawyers who have the best websites and most marketing resources, but not necessarily the best lawyer for you. Identifying early in the separation that you need a lawyer will allow you time to seek recommendations. Meet with lawyers to see who you feel most comfortable with and can trust.

Important Financial Divorce Advice to Follow

June 15, 2016

One of the biggest concerns of both parties going through a divorce is what their financial future will look like. Moving from a marriage where assets, bank accounts and debts were shared to a world where it is split in two can be extremely stressful. To ease the financial stress, you must analyze your present finances and also estimate your future living costs.

Here is how to keep your financial worries low:

1. Make a list of joint assets, accounts, and liabilities

When you make a list of your joint assets and accounts, ensure that you have access to them with the correct passwords. Organize all of your important documents including: bank and credit card statements, tax returns and checking and saving account statements.

5 Important Things to Do When Filing for Divorce

June 8, 2016

Ending your marriage is not a decision you enter lightly. The dissolution of marriage has not just legal repercussions, but emotional side effects as well. However, if you are thinking about filing for divorce, there are steps you can take to better prepare you for the legal proceedings that will follow.

Know Your Financial Situation: Having a detailed and documented knowledge of your assets, income and expenses will be helpful to you and your legal team as the process moves forward. A record of and access to your financial records, such as bank statements, credit card statements, and tax returns will help your legal team devise a strategic plan for your case.

Update Estate Planning Documents: Update important documents such as wills, trusts, pension documents, and advanced medical directives as soon as possible and make sure to take care of important financial transactions prior to filing for divorce.

Military Divorce In Florida

May 16, 2016

Living in Tampa, many of our clients are in the military personnel on assignment at MacDill Air Force Base. We understand the unique challenges that face our military families. While moving every two years might feel exciting at first, after six or seven moves, a marriage can become strained. Deployment and the stress of a military career can take its toll on even the strongest of marriages. Some marriages can’t take the pressure and a divorce is sought. In these cases, a military divorce attorney will help you navigate the laws associated with a military divorce — especially if you have children together.

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Government-Provided Benefits for Children

Why Establishing Paternity Matters