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Different Kinds of Divorce

If you have decided to file for divorce, there are plenty of factors to consider. The first thing is to contact Marquez Kelly Law , Fort Myers divorce attorney for a consultation of the process and your options which may include going to court. Of the many things you will need assistance with from Marques Kelly Law is the understanding of possible social cost and the possible emotional trauma that it may bring to the children. One of the things you need to learn is the different kinds of divorce under Florida law. Knowing the different kinds of divorce will help you study what you with the guidance of Marquez Kelly Law, a Fort Myers family law attorney through 239-214-0403 .  Here are the various types of divorce that you must be familiar of: 1. The Simplified Dissolution of Marriage or the simple divorce As the name implies, this kind of divorce is the easiest to file since it happens between couples with no minor children and no alimony claims. Generally speaking, t

What Happens When Parents Cannot Agree On A Child’s Education?

Various factors must be considered when it comes to making decisions over a child’s schooling between parents who are undergoing divorce. One of the most important aspects of a child’s life is his or her education. So when both parents are in conflict with regards to the schooling of the children, finding a Fort Myers family attorney in Florida is a wise decision for you. What happens exactly when parents cannot agree on a child’s education? A divorce is strenuous between partners, it is even more emotionally challenging for the children involved. One possible scenario for this is when one parent enrolled the child to a school which is located in another state and the other parent becomes inconvenienced. In Florida, transportation to school is expensive, especially if located far from one parent. When the parent who has custody has a car and the other one who is inconvenienced does not have one and both father and mother cannot reconcile, this is where the battle migh

Settling Your Child Relocation or Change of Domicile

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Separation  is causing serious stress to families across Florida, especially since parties involved have to settle child relocation issues. It is a burden to the couple and most especially the children. Studies show that Florida is one of the most stressed states in the United States of America since it is the highest when it comes to divorce rate. And the citizens of Florida have all the reason to be stressed when it comes to settling child custody disputes. How do you settle child relocation or change of domicile? There are a lot of things to consider under Florida law when it comes to requesting child change of domicile. The first thing that you have to do  is to contact a child relocation lawyer for advise and possible representation. In most  divorces  concerning children below the age of majority , a temporary order for guardianship, period of supervision, and child support is present and entered into during the time the custody case is filed. From the time that it is

What does a Divorce Lawyer do?

According to Paul Amato, a top divorce rate researcher in the US, he believes that between 42% and 45% of marriages in the US will end in divorce. That’s just statistics, however, likely to happen in the US. That’s why a divorce lawyer has a tough job. It can be emotionally draining at times for them, too. The law practice of a divorce attorney primarily centers on representing clients who are contemplating dissolving or divorcing their marriages. Depending on the type of case and its complexity, there is a wide variety of tasks that a divorce lawyer may perform such as helping to divide assets, settle spousal and child support issues, and making child custody arrangements. A divorce lawyer spends a great deal of time communicating with clients to illicit information about the case for motions and other paperwork that he or she has to then draft and file. In addition, the attorney must discuss the results of hearings and strategize about the next steps in the case. Because

What to Know About Child Support in Florida

Child support is one of the important matters involved in an ongoing divorce case . It is defined as the payment given by one of the divorcing spouses to the other in order to fund the child’s needs. Child support payment is very beneficial to the recipient kids as it helps pay for education , medical bills and health care , food , shelter , and other necessities. This financial payment usually lasts until the child comes of legal age (18 years), but may be extended if there are some needs that still need to be addressed, such as a medical disability. Child support is meant to look after the kid’s welfare even after the parents have been legally separated, which is why Florida law mandates it. When a couple has minor children , it is a given right for these children to be entitled to receive child support. Like financial matters in a divorce, this field also follows certain guidelines for the calculation of the amount to be paid. The parents’ sources of income ,

What to Know About Child Custody in Florida

When a married couple undergoes a divorce, there are certain matters that need to be thoroughly discussed to make the process beneficial for both parties and most especially for any children involved. With regards to discussing parental responsibility, a divorcing couple must understand that it is the children’s needs and feelings that need to be prioritized first before their own, which make a thorough talk with one another important. If the divorcing parties have disagreements regarding child custody/parental responsibility, then the matter will have to be decided by the courts. It must be understood that the same rules are applied by Florida courts. The child’s well-being and safety are considered first and foremost. This is decided through evaluation of some factors, which may include the parents’ ability to support the child; mental, physical, and moral fitness of each parent; geographic matters; and history of abuse or violence within the family, among others. Older children wh

5 Tips on Telling Your Children About Your Divorce

Divorce is a difficult chapter in a married couple’s life. Aside from all the matters that need to be settled, such as property division and support payments , another difficult task to be undertaken is talking to the children about it. Breaking the news to your kids can be a painful experience, which is why there is a need to do it with care. Here are some steps which can help you handle the situation tactfully. ·          Carefully consider what you will say . Any word that comes from you can have a lasting impact on your children, so it is best to practice beforehand what you will be telling them. Consider the important points that you need to impart and what your children need to hear. Rehearse this with your partner and be prepared for emotions or remarks that may arise during the announcement. This will help you manage your emotions better during the process. Also, be careful about the timing ; choose a time during which you think your children can best receive the ne

Marital Settlement Agreement in Florida

There are certain matters that are considered to be very important and have to be carefully discussed in a divorce process. Often, these matters are concerned with the married couple’s rights to property and their responsibilities to their children as well as one spouse’s responsibility to the other. Issues regarding division of property and assets, as well as rights to alimony and child visitation , custody , and time-sharing are discussed and formalized through a Marital Settlement Agreement (MSA). It is basically a binding contract about the divorce terms which are agreed upon by both parties. If the agreement is done well and both spouses agree on the terms provided, the court may honor the agreement provided that it is fair to the parties involved. The couple may not have to go to court. On the other hand, if the agreement is contested or one party refuses to sign it, the matter will have to be taken to court and the judge will have to make the decision. A Partial Marita

What to Know About Marital and Non-Marital Properties

During a divorce , there are many settlements that need to be done. Significant importance is placed upon the distribution of marital property, which must be fair and impartial among the parties involved. Before tackling Florida rulings regarding property division in divorce , here are some facts about marital and non-marital property: ·          Marital property . All the properties a couple acquires after marriage and until the date of division of properties are considered marital property. This can include real estate , bank accounts , appliances , and vehicles . There are some instances, however, that a property acquired during the marriage can be considered as non-marital, i.e. if it is given as a gift by a third party to a specific spouse only. ·          Non-marital property . Typically, non-marital property describes the property possessed by either party before the marriage . Also termed as separate property, possessions classified as non-marital are not subject

What to Know About Child Support Modification

Divorce is a legal matter than involves a lot of financial settlements , one of which is child support. Things change and circumstances can happen, however, that can make a formerly established child support amount insufficient to pay for the needs of a child. At this point, one can take the matter to court and request for additional child support. Modification is allowed under Florida child support law, provided that the amount change would be a minimum of 50 dollars or a 15% difference from the previous amount, whichever is greater. There are points that need to be considered, however, before the court can grant this. Generally, a substantial change in circumstances is needed before a modification can be done. This might include: ·          Significant increase or decrease in income of either the non-custodial or custodial parent . Change in income is the most common ground for modifying child support. The loss of a job or primary source of income can leave the paying paren

What to Know About Tax Reform and Alimony

The implications of the Tax Reform Law would affect almost every aspect of American living, including divorce. Alimony, for instance, is set to change under the new ruling. It is typically the higher-earning spouse which pays the alimony ; this difference in tax brackets provides benefits to both parties, especially to the recipient. Under the previous law, an ex-spouse who pays spousal support is legally allowed to deduct the payment from his/her taxes, while the ex-spouse who receives the money has to include this in his/her taxable income. This deduction from the payer’s taxes is said to contribute significantly to the agreement of providing alimony to the payee. However, under the new law, alimony will no longer be deducted from the payer and the payee will no longer be paying taxes on it . The concern is in the amount of alimony that the payer can provide, since his/her ability to pay can be limited by tax concerns, given other expenses such as child support . As

Structured Guidelines for Alimony in Florida

Alimony is the term used for the amount of money paid to an ex-spouse as a form of support. After a divorce , the decision whether or not to grant alimony is based on a number of factors, which means that the amount of maintenance to be paid cannot be solely derived from a mathematical formula. This is true for some U.S. states. Under Florida statutes , there are different types of alimony that can be awarded to a recipient. These are: ·          Temporary alimony (alimony pendent lite) – this is given while the divorce is on-going , and ends when it becomes final. ·          Bridge-the-gap alimony – this type of alimony supports an ex-spouse during the transition from marital to single life. It is intended to pay for the short-term needs of the recipient, and is only awarded for a specific period of time. ·          Rehabilitative alimony – as the name implies, this type of alimony seeks to rehabilitate an ex-spouse by paying for the necessary skills training or e