All posts filed under: divorce attorney

Florida Parenting Plans

Florida parenting plans govern post-divorce relationships with children by identifying the time each parent will have with their children, as well as each parent’s responsibilities to make decisions for the children.

What is Collaborative Divorce, and is it the Right Path for You?

The collaborative divorce process enables couples who have decided to divorce, separate or end their marriage to work with their lawyers and other family professionals in order to avoid the cost, stress and uncertain outcome of a contested divorce.

Making Decisions in a Florida Divorce

Here’s an extremely practical article about making personal judgments during a divorce. So many clients want their attorney to make both legal and personal decisions for them during a divorce, but an attorney’s advice should never be a substitute for personal values and goals. Be active in your case and ask questions to ensure that the outcome reflects what you value most. Family law and elder law attorneys follow the direction of their clients when they make legal decisions to protect their clients.  The given direction, however, should always be determined by the client.  The decisions that are made during a divorce are often difficult decisions.  Attorneys are often well-versed in matters of divorce law and procedure.  However, every client’s goals and interests are different, and the legal course of a case should reflect those goals and interests.  Therefore, no matter how knowledgeable or experienced your attorney is, make sure to communicate information and ask questions as you proceed toward a divorce.

Who gets the family pet?

I recently received a call from a gentleman who was preparing for a divorce, and he was concerned about a custody issue. Interestingly, the couple had no children during the marriage. He wanted to understand his rights to custody of a pet, in this case a dog. In a divorce, the question often arises: Who gets to keep the family pet?   Florida family laws are designed to protect the best interests of children in divorce.  Based upon a myriad of factors, the court will determine what it believes to serve the interests of children due to social, economic, educational, emotional and other factors that will serve the children’s interests, and assign custody accordingly.  Pets are not given to either of the divorcing parties based upon this standard.  Rather, pets continue to be viewed by the law and courts as personal property.  Therefore, the court will award the family pet or pets to one of the parties based upon the equitable distribution standard. Pets that were acquired by one of the parties prior to the divorce will …

How to divide assets and liabilities in a Florida divorce

A great deal of financial information and documentation can be needed in order to complete the divorce, depending on the extent of the marital estate and the complexity of the parties’ finances.

Veterans in Family Law Cases

Words cannot describe what a pleasure it is to represent those who serve our country in the armed forces, especially those who have recently returned from some far off place that I’ve only read about, or seen on CNN.  It’s not just the thought of helping someone who has put their life on the line for our national defense; it’s also the organization and discipline they bring to a case from an administrative stand point.  If I need a particular document to prove some factual or legal point during the representation, they get me the document immediately.  If I ask for a piece of information, they will move the earth to obtain and relay the information, often before I am ready to process it.  Unfortunately, most people do not possess that level of discipline. But as with all good things, these otherwise positive traits and life experiences can come at a cost. Armed forces personnel seem to develop a sense of discipline that can, for some, result in an abnormally high degree of frustration when confronted with life stressors that are beyond …

Want to keep custody of your child? Good, but you may want to keep the child in Florida!

I had an opportunity to help a struggling mother in Florida who was involved in a custody battle with her child’s paternal grandparents. The child had gone to visit the grandparents, who lived in Alabama, but the child never came back. During the week-long visit, the grandparents filed a dependency petition against the mother, in Alabama, and refused to return the child. The petition alleged that the child was abused and neglected by the mother while in her custody, that the father was deployed on active military duty, and that they needed a custody order from the Alabama court to take care of the child. They obtained temporary custody at an initial hearing in the case, and the mother’s case went down hill from there. Another state can exercise jurisdiction over a Florida child, but generally that jurisdiction will only exist on an emergency basis until the case can be transferred to the child’s home state. If any jurisdiction existed in Alabama, it would have been temporary or emergency jurisdiction under Alabama’s version of the …