Legal Blog

How Remarriage Can Impact Alimony in the State of Florida

Picture of two people holding handsThroughout divorce proceedings, alimony may be granted to either spouse.

There are several types of alimony awards. Some are granted to “bridge the gap” between spouses, ensuring both can be self-supporting following divorce. Others are intended to give one spouse financial support on a limited or permanent basis. Alimony may also be used to reimburse one spouse’s contributions throughout the marriage.

The most common type of alimony is called “periodic.” It consists of payments made from one spouse to another according to a set schedule. There are several factors that determine if, and how much, alimony will be granted, including: read more

3 Major Ways a DUI Can Impact Your Child Custody Case

Person in handcuffs

It’s difficult enough to go through a divorce, but there are few things more stressful than tackling a legal child custody battle. These proceedings are often the most taxing for both parents and children, as dedicated and passionate arguments about schooling, parenting, and character are brought to the forefront.

One issue that can make a child custody case more difficult is if one parent has a criminal history — and one of the most common challenges to overcome is a DUI.

Here are some of the ways a DUI can impact your child custody case: read more

Legal Considerations for Relocation of a Child’s Residence

Legal Considerations for Relocation of a Child’s Residence

There are many reasons people move—employment opportunities, the desire to be closer to a family member, marriage, divorce, remarriage, and even a desire to live in a different climate.

While most adults in the United States are free to relocate whenever and wherever they choose without the approval of a court or governmental agency, parents involved in child custody litigation may not be allowed to relocate with their minor children, without complying with the requirements set forth by the state of Florida. read more

What to Say to Children If You Decide to File for Divorce

What to Say to Children If You Decide to File for Divorce

One of the primary concerns most parents have, once they realize a divorce is inevitable, is how the end of the marriage will affect the children. As parents, we want to shield our children from pain and, of course, never want to be the source of a child’s suffering.

While it is not something you would choose, a divorce can provide an opportunity to teach children how to handle pain in the most effective manner. Telling your children about an impending divorce requires some forethought, an honest discussion with the other parent, and taking the time to answer any questions your children may have. Keep in mind that research indicates that the vast majority of parents have the “divorce” discussion in ten minutes or less. read more

How Social Media Affects the Divorce Process

How Social Media Affects the Divorce Process

Our modern-day lifestyles are almost inextricably tied to social media—Twitter, Facebook, LinkedIn, Instagram—and many of those who are considering divorce have at least one active social network account. Since most research has indicated that the quality of a marriage decreases as social media use increases, it really should come as no surprise that social media can also significantly impact the divorce process as well.

Even if you are in the very beginning stages of a divorce, it is extremely important that you avoid talking about your impending divorce on social media. This means not disparaging your partner on social media or using your Facebook page to “vent” about your relationship. read more

Managing the Stress of Relocation After Divorce

Managing the Stress of Relocation After Divorce

Going through a divorce can be an extremely stressful life event. In addition to the added financial struggle, you also have to cope with being alone again. Relocating after your marriage has ended can be even more daunting. In fact, moving to a new city and divorce are among the most stressful life events in many peoples’ lives.

It’s important to take measures to manage stress and maintain your emotional health even more so during this time. This is especially important when children are involved. read more

Timesharing and How Florida Courts Handle Summer Visitation

Time Sharing and How Florida Courts Handle Summer Visitiation_cheshire_blog

Child custody issues are among the most difficult in a divorce, since many parents don’t want to lose any time with their children. As you approach topics like holidays, long weekends, and summer breaks, keep your child’s best interests in mind at all times.

Timesharing vs. Custody and Visitation

While the terms “custody” and “visitation” are the most frequently used in the world of family law, Florida uses slightly different terminology. Timesharing is a term that highlights the fact that a child has the right to spend time with both parents. As you and your co-parent work together to create a timesharing schedule, you will have to consider the three-month stretch of summer vacation. read more

Legal Separation Laws in Florida

Legal Separation Laws in Florida

When a couple no longer wants to be married, they typically have two options: separate or divorce. Not all states allow for a legal separation. However, Florida is one state that does.

A legal separation allows a couple to remain legally married, but live separate lives. The main difference between a separation and a divorce is that a person who is separated cannot remarry without divorcing.

Some couples do not want to divorce for religious or financial reasons. Some religions forbid divorce. A person may not want to divorce so they can keep their spouse’s medical insurance, tax benefits or federal benefits. Some people do not want to divorce because of the stigma attached to being divorced. read more

Top 4 Tips for Successfully Co-Parenting At the End of the School Year

End of School Year Program as Co-Parents_cheshire_blog

The end of the school year can be a very rewarding and yet stressful period for co-parents and their children. The sudden change in schedule is challenging on its own, but children who divide their time between two homes often have multiple schedule changes. With these tips, you, your co-parent, and your children can all enjoy a peaceful start to summer.

Plan Ahead for End-of-Year Graduations, Concerts, and Other Events

The end of the school year is often a flurry of school concerts, graduation ceremonies, and classroom parties. Review your children’s schedule with your co-parent at least two weeks in advance. Try to arrange your schedules so that at least one parent—if not both—can be at each important event. This allows both parents to be engaged in their child’s school activities and helps children feel secure. read more

3 Reasons to Hire an Expert in Your Divorce Case

Divorce Case LawyerThere are at least three different circumstances that commonly lead to hiring an expert in divorce cases.  Hidden assets, alimony, and child custody are all areas of a divorce that may benefit from the insights an expert can provide.  Not every type of expert will be necessary in every in type of case, however, in the right case, one or more experts can have a profound impact on the results.

Hidden Assets

It is never a good idea to hide assets from your lawyer or your spouse’s lawyer during a divorce.  However, sometimes, people do it.  A forensic accountant has the skills necessary to identify and track down hidden assets.  This is important because property division should be equitable under the law.  Without a complete picture of all the assets, the parties and the court cannot fairly divide the property.  A forensic accountant reviews income, retirement accounts, business records, and other data to make a determination about potential hidden assets. read more