Divorce is painful but this process is just as important as marriage, and it is certainly not easy. Good thing there are professionals who know how to help and guide you in handling these difficult situations.
In filing a divorce the couple is bound to undergo processes in which the presence of a competent attorney is important. This is where family attorneys are experts and they will stand by their client’s side until an agreement has been reached. The attorney will strive to ensure that his or her client is provided the best possible settlement out of the divorce. Yet, there are a lot of things to consider before hiring a divorce lawyer and here are few of the most important ones:
Experience
It is important that the attorney who will handle your case already has experience in this field. It is also important to consider the fact that he or she has been primarily practicing in the field of divorce law. There are many aspects of law. You will want to work with someone who specializes in this niche. With her expertise in this area, your attorney should be able to use her knowledge to guide you through each step of the process and every stage of negotiation.
Divorce can be simple or complex depending on the number of assets involved and whether children are involved. It is critical to work with someone who can hold your hand through a simple case, or provide step by step guidance through more difficult cases.
Good communicator
Your attorney must have good and open communication with you and be responsive during the time you are working with her. A good divorce lawyer should be able to return your calls and reply to messages promptly. Never underestimate the power of strong and prompt communication!
Sensitive towards client
This doesn’t mean that the lawyer has to like the same bands as you or love your favorite food. But a competent lawyer must be able to help you understand your desires when they may be difficult to put into words. Your attorney and you must work together as a team to carefully decide the best approach to your individual case.
Good Track Record
It is important to know how your attorney has performed in the past. It is easy to look online and read reviews about an attorney and their law firm. You can see if the reviews are positive and get a sense of how this lawyer has represented others in cases similar to yours.
These are the top 4 things that you need to remember when hiring a good family attorney. They should not only be effective in communication but they should also be able to make their clients comfortable and represent them in the most professional way. So if you are seeking a divorce lawyer with a recognized name, you must also be able to make sure that he or she is also someone you can truly trust. Call me today. Let’s see if we are a good match to work together. http://bit.ly/11UyqHo
Wednesday, February 6, 2013
Friday, February 1, 2013
Fathers and Children in Divorce
Fathers and Children in Divorce
Saying that divorce is difficult is an understatement. There are numerous ways that divorce affects the lives of those involved, not the least of which is the relationship between parents and their children. Today, due to both social and legal issues, there are serious problems relating specifically to the the relationships between fathers and their children after divorce.
Current State of Fatherlessness
In about nine out of ten divorces involving children, the mother is awarded sole or primary custody. That may not be too surprising to most people. However, when you consider that nearly 40% of children from divorced families who live with their mothers haven’t seen their father in at least one year, the statistics get more alarming.
Even in instances where fathers are granted visitation the arrangement often becomes unworkable due to work and school schedules or geographic location. A father who has the best of intentions may see his children only 50 days out of the year. Fatherless households suffer from much higher dropout rates, teenage pregnancy, juvenile delinquency, and teenage suicide than their dual parent counterparts.
It’s obvious that there are advantages to both mothers and fathers maintaining close and caring relationships with their children after divorce. Fathers who wish to do this sometimes face challenges from their ex-spouse, but a solid understanding of the legal system can help them to maintain the most amount of time and the best possible interaction with their children.
Custody and Visitation
Visitation and custody are two separate matters. When the mother or the father are granted legal custody rights, it gives them the ability to direct how their children are raised. Legal custody decisions cover areas such as education, religion and health care. Parents may share legal custody of their children, which requires them to work together when making major decisions.
Physical custody refers to where the child lives. When one parent has sole physical custody of the children that means they live with them, and the other parent (the father in 9 out of 10 cases) has visitation rights.
Florida Specific Laws
In Florida, the laws are meant to protect the rights of the minor children and to promote healthy, thriving relationships with both of the parents. Both the mother and the father have equal footing in the law with regard to time spent with their children and their custody. There are no guarantees, however, and a Florida father who is going through a divorce should always take proactive steps to protect his rights to his children and his rights to his future finances as well.
Rights of Unmarried Fathers in Florida
Unmarried fathers in Florida face particular difficulties in establishing themselves as the legal parent in the lives of their children. The Florida statutes indicate that if the father and mother are not married at the time of the birth of their child, the name of the father may not be entered on the child’s birth certificate without an affidavit. This affidavit must be signed by both the mother and the father. Any man who believes himself to be the biological father of a child has the right in Florida to file a court action to establish his paternity.
Knowing your rights as a father, and taking the appropriate steps in the legal system can help you ensure a solid and enduring relationship with your children as they grow.
Pro Father Legislation in the works for 2013
In Georgia there is a proposed bill that would allow non-custodial parents to schedule extra activities like music lessons, sports, or Scouts without custodial parents permission even when these activities extend beyond the non-custodial parent’s parental time limit. They also are considering a “Child Support Parenting Time Adjustment Bill” that takes into account both parents incurred child expenses.
In Vermont, lawmakers are beginning to take into account the overwhelming scientific and educational data in favor of co-parenting. One of six states that do not have provisions for joint child custody, Vermont is looking into adjusting it’s law to accommodate these findings.
Recently in Virginia, House Bill 606, a bill that wanted to establish equal parenting time, did not actually survive in committee. Fathers in Virginia and others who support the idea that both mothers and fathers deserve time with their children continue to work towards joint-custody legislation.
Across the country there seems to be movement towards incorporating divorced fathers into their rightful roles as a parent in their children’s lives. The health and well-being of the children of divorce have always been the focus of divorce law in Florida and the United States. Both scientific proof and common sense show that having good relationships with both of their parents serves a child best.
Saying that divorce is difficult is an understatement. There are numerous ways that divorce affects the lives of those involved, not the least of which is the relationship between parents and their children. Today, due to both social and legal issues, there are serious problems relating specifically to the the relationships between fathers and their children after divorce.
Current State of Fatherlessness
In about nine out of ten divorces involving children, the mother is awarded sole or primary custody. That may not be too surprising to most people. However, when you consider that nearly 40% of children from divorced families who live with their mothers haven’t seen their father in at least one year, the statistics get more alarming.
Even in instances where fathers are granted visitation the arrangement often becomes unworkable due to work and school schedules or geographic location. A father who has the best of intentions may see his children only 50 days out of the year. Fatherless households suffer from much higher dropout rates, teenage pregnancy, juvenile delinquency, and teenage suicide than their dual parent counterparts.
It’s obvious that there are advantages to both mothers and fathers maintaining close and caring relationships with their children after divorce. Fathers who wish to do this sometimes face challenges from their ex-spouse, but a solid understanding of the legal system can help them to maintain the most amount of time and the best possible interaction with their children.
Custody and Visitation
Visitation and custody are two separate matters. When the mother or the father are granted legal custody rights, it gives them the ability to direct how their children are raised. Legal custody decisions cover areas such as education, religion and health care. Parents may share legal custody of their children, which requires them to work together when making major decisions.
Physical custody refers to where the child lives. When one parent has sole physical custody of the children that means they live with them, and the other parent (the father in 9 out of 10 cases) has visitation rights.
Florida Specific Laws
In Florida, the laws are meant to protect the rights of the minor children and to promote healthy, thriving relationships with both of the parents. Both the mother and the father have equal footing in the law with regard to time spent with their children and their custody. There are no guarantees, however, and a Florida father who is going through a divorce should always take proactive steps to protect his rights to his children and his rights to his future finances as well.
Rights of Unmarried Fathers in Florida
Unmarried fathers in Florida face particular difficulties in establishing themselves as the legal parent in the lives of their children. The Florida statutes indicate that if the father and mother are not married at the time of the birth of their child, the name of the father may not be entered on the child’s birth certificate without an affidavit. This affidavit must be signed by both the mother and the father. Any man who believes himself to be the biological father of a child has the right in Florida to file a court action to establish his paternity.
Knowing your rights as a father, and taking the appropriate steps in the legal system can help you ensure a solid and enduring relationship with your children as they grow.
Pro Father Legislation in the works for 2013
In Georgia there is a proposed bill that would allow non-custodial parents to schedule extra activities like music lessons, sports, or Scouts without custodial parents permission even when these activities extend beyond the non-custodial parent’s parental time limit. They also are considering a “Child Support Parenting Time Adjustment Bill” that takes into account both parents incurred child expenses.
In Vermont, lawmakers are beginning to take into account the overwhelming scientific and educational data in favor of co-parenting. One of six states that do not have provisions for joint child custody, Vermont is looking into adjusting it’s law to accommodate these findings.
Recently in Virginia, House Bill 606, a bill that wanted to establish equal parenting time, did not actually survive in committee. Fathers in Virginia and others who support the idea that both mothers and fathers deserve time with their children continue to work towards joint-custody legislation.
Across the country there seems to be movement towards incorporating divorced fathers into their rightful roles as a parent in their children’s lives. The health and well-being of the children of divorce have always been the focus of divorce law in Florida and the United States. Both scientific proof and common sense show that having good relationships with both of their parents serves a child best.
Monday, January 28, 2013
How Long Does a Divorce Take in Florida?
One of the biggest questions many people have around divorce is “How long will the process take?” While it always depends because each case is unique, there are three typical divorce situations.
http://voices.yahoo.com/divorce-state-florida-long-will-take-831015.html
http://voices.yahoo.com/divorce-state-florida-long-will-take-831015.html
Divorce in Florida
Learn more about the process of divorce in Florida. Do you qualify for a simplified or a regular dissolution of marriage? What about domestic violence, property division, and alimony? Then you must consider taxes, child support and what kind of responsibility is expected going forward. This article will help answer some of your questions.
Click this link to visit the Florida Bar site.
For more information, please visit the web resources of Jacksonville Beach, FL divorce lawyer Heather B. Quick at http://www.jacksonvillebeachlawyer.com
Click this link to visit the Florida Bar site.
For more information, please visit the web resources of Jacksonville Beach, FL divorce lawyer Heather B. Quick at http://www.jacksonvillebeachlawyer.com
Wednesday, January 4, 2012
Friday, December 9, 2011
What is Non-Marital Property in a Florida Divorce?
Florida is a separate property state for the purposes of a divorce, meaning it is not a community property state like California. Therefore, when you enter into a marriage, any property you own or assets in your name are non-marital. In young couples who stay married for many years, most pre-marital assets and property are generally combined with marital property or sold and invested into a marital account. When that happens, your pre-marital house that was sold and used as a down payment for your marital home will have lost its “non-marital” character and determined to be a gift to your spouse.
The issue of non-marital property comes up most frequently in a Florida divorce of an older couple, or a couple who entered the marriage with substantial assets. I see this in a second marriage and each person has a 401(k), a home and savings. Generally, no one signs a pre-nuptial agreement, so the determination of marital property is important. In this type of divorce, if there is a dispute over the character of marital and non marital property, a detailed analysis of the assets and liabilities must be conducted. The factors to be evaluated include a look at whether or not marital money was used to support the other property and to what extend. In retirement plans, how much has the asset grown over the marriage, what where the contributions made during the marriage. What if the wife kept her non-marital home and rented it out and the husband sold his house and used the proceeds to purchase a new marital home for them to share? Would the law recognize the husband’s contribution to the home and give him credit or would it be a 50/50 split? Most likely it would be a 50/50 split and the wife’s non-marital property would remain her own and the husband’s non-marital funds used for the marital home would be deemed a gift. When looking at filing for divorce in Florida, it is important to bring up all of these issues with your lawyer in the beginning, so that your goals are clear and your expectations are realistic. Visit www.jacksonvillebeachlawyer.com
Saturday, December 3, 2011
Joint Custody in a Florida Divorce
Many clients ask if it is possible to get a joint custody arrangement when seeking a divorce. The answer is, it depends. The terms used in a Florida divorce regarding custody is time sharing of the children, shared parental responsibility and the child’s primary residential parent. In almost all cases, shared parental responsibility is ordered, but this has nothing to do with the amount of time the child spends with you. Shared parental responsibility means that the parents share in decision making for the children as it relates to school, medical care, religion and extra curricular activities. It also means that both parents will communicate with one another regarding the children and decisions that are made. Anyone who has been through a divorce knows that communication between former spouses is not always easy, but it is necessary to raise your children.
Joint custody has many implications on your children’s lives and also financially. If you have your children 50% of the time, you will generally not have to pay child support. Unfortunately, many times this is used in divorce as a negotiation tool. I do not advocate this type of divorce. If you have generally been the primary care giver of your children, it is natural that you will continue in that role after divorce. If you work 50-60 hours per week, frequently travel and can’t remember the last time you went grocery shopping or bathed the children, it is not appropriate for you to request custody of your children. This is not gender specific either. I have represented many men who are the primary care giver and the wife has been the primary wage earner. The point being if you haven’t been participating in the daily care giving of your children, it is not appropriate to petition the court for a joint custody or 50/50 time sharing as a tactic to get an advantage in a divorce. It is certainly appropriate to seek a greater time sharing schedule because of your desire to spend more time with your children and the courts are inclined to give parents, particularly men more time with their children than the every other weekend. Visit Jacksonville Beach Divorce Attorney to make an appointment.
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