Legal Blog

Top Questions For Parents Getting a Divorce With a Special Needs Child in Florida

Divorce with a special needs child

Navigating a divorce with children can be difficult, even in the best of situations, but when you and your spouse are facing a divorce with a special needs child, your custody and time-sharing decisions will require a unique and multifaceted perspective and should be given careful consideration. Children with disabilities often have special circumstances that require additional consideration, not always addressed in most common child custody agreements. Working with your lawyer and your child’s medical advisors can help your child adjust to their new living situation. read more

7 Things You Should Not Do During Your Divorce in Florida

As most anyone who has been entangled in a divorce in Florida will tell you it is rarely easy or smooth. Tensions can mount, and poor decisions are made when tempers flare, only to be regretted later. When you consider the array of overwhelming details which must be decided, it’s really no wonder couples end up making mistakes during their divorce. To have fewer regrets later, consider the following tips which you should avoid doing amid your divorce proceedings.

1.Do not increase your debt in any way. Let’s face it, divorce in Florida can be a costly process. Even for the simplest uncontested divorce, both parties will likely pay their attorney from $1,500-$3,000 each—and few divorces are that simple. Aside from divorce attorney fees, at least one spouse will need money to begin a new life including securing a home which can include first and last month’s rent, utility deposits and the actual costs of moving your things. And don’t forget, instead of one set of bills on two salaries you will now be dealing with two sets of bills and an equitable distribution of your marital assets. Start practicing frugal living from the moment you decide to divorce, and don’t take on any additional debt. read more

Autism and Divorce: Custody and Time-Sharing With a Special Needs Child

Autism and Divorce

Autism and divorce often bring additional challenges not relevant to other divorcing couples.  We’ve outlined a few tips for you that address autism as well as other special needs children.  Let’s start with the basics.

According to the CDC, Autism spectrum disorder (ASD) is a developmental disability that can cause significant social, communication and behavioral challenges. Unlike other developmental disabilities, there is often nothing about how people look that sets them apart.  However, people with ASD may communicate and behave differently as well as interact and learn differently from other people. read more

Divorce, Taxes and Children

divorce affects taxes

The combination of taxes and divorce can add another layer of complexity to an already complicated situation. Divorce affects taxes in different ways.  This is especially true for divorced couples with children. Read how divorce affects taxes; especially if you have children.

Child Support

Arguably, alimony and child support are both forms of income, but the IRS tends to treat them very differently. Generally speaking, alimony is taxable for the recipient and tax-deductible for the person paying it. That’s not true of child support. In fact, the IRS does not require that child support be reported as income, so the parent receiving child support will not have to declare it as taxable income. Meanwhile, the person paying child support cannot use these payments as a tax deduction. However, if alimony is scheduled to end within six months of a child’s 18th or 21st birthday, then the IRS may view it as child support. read more

Divorce and Insurance: What You Need to Know

Divorce and Insurance

Getting a divorce can be a very emotional experience, but you have to stay focused on so many details. From collecting documentation to filing motions, it’s a challenge to keep on top of everything. Have you thought about the changes in insurance coverage that can result from a divorce?  Divorce and insurance issues play an important role in the overall process. You want sufficient coverage that satisfies any legal requirements. As you begin checking different policies, keep these insurance types in mind. read more

Four Types of Divorce in Florida: Which Option is Best For You?

Types of Divorce

Once you’re sure that filing for divorce is the best course of action, you still face a number of decisions. Divorces end with the legal dissolution of a marriage, but they don’t all reach that conclusion through the same process.

Four Types of Divorce In Florida

This guide outlines the four types of divorce in Florida which will help you determine how to handle your situation. Let us know if you have any questions.

1. Do-It-Yourself Divorce

DIY Divorce is becoming one of the most popular types of divorce; however, it isn’t as easy as it sounds. You need to be comfortable navigating financial records and documenting assets. If your case isn’t complicated, this option saves on attorney fees. DIY divorce might be a good fit for you if: read more

What Happens in Florida Divorce Court with a Contested Divorce

contested divorce

What Happens During a Contested Divorce?

Of course, the preferred outcome during a divorce is that it is uncontested and both parties are in agreement as to how many assets will go to whom as well as who gains custody of any children. However, this is not always possible, and a contested divorce is the result instead. Plain and simple, a contested divorce is when two parties cannot agree on how to divide marital assets or any other decisions of custody or alimony.  We’ve outlined the divorce process for you.

How Long Does It Take?

A contested divorce will take about 12 months, four times longer as an average uncontested divorce. This time period will vary quite a bit depending on how many aspects of it are uncontested. Note that even a single relatively minor thing that is not agreed upon will cause the case to become a contested one even if the two parties agree on the vast majority of the issues. However, in this case, it should take a much shorter time period to complete than would be the case if disagreements occur with a majority of the things that need to be ruled upon. read more

Divorce and Business Ownership: Splitting a Business in a Divorce

Divorce and Business

Divorce and business ownership can often create problems for a couple. Untangling your financial assets from your spouse can be a time-consuming process. If you own your own business, you may wonder how the final details of your divorce and business assets will stand by the conclusion of your marriage. Splitting a business in a divorce begins with understanding the steps involved in the divorce process in the state of Florida.

Determining the Owner and Value of the Business

The first step in handling a divorce and business ownership begins with establishing whether it is a separate or marital asset. If you started or acquired your business before you married your spouse, the judge will most likely consider it a separate property. However, there are situations that can change a separate asset into a marital asset. For example, if your spouse contributed financially to the business, the judge may view it as a marital asset instead. Other businesses will be considered joint properties from the beginning; if you and your spouse started the business together, the judge will likely determine that the company is a marital asset. read more