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Divorce helps with determining joint versus separate assets

When two people are married, often they pool their resources and acquire both property and debts together. If the pair decide to divorce, then they must take steps to untangle their finances and figure out who owns which property. One recent case highlighted some confusion that can occur during a marital dissolution. The woman's questions were about the family home and a second home in Florida. 

The woman had separated from her husband in 2017. She said that he left the family home, and that the family home was in her name only. However, she claimed that her soon-to-be ex-husband has a home equity line on the home in his name only. He ran up the equity line, and she wanted to know if she was on the hook for the debt.

How to establish a parenting plan in Florida

Florida is one of the few states in the U.S. that no longer identifies one parent as the custodial parent and the other as the visiting parent after a divorce. As you may know, during your divorce you will need to work with your former spouse to create a parenting plan to schedule how and when your child will visit each of you.

Divorce is already a painful and frustrating process, and having to meet, potentially multiple times, to schedule when you will see your child can give way to a new level of stress. Try to remain calm and remember that you’re doing this for your child.

Man arrested during traffic stop for child support nonpayment

Whether one is an unmarried or newly-divorced parent, court-ordered support for a child often means one parent must adjust his or her budget to meet the obligations. Florida courts typically consider many factors when arriving at an amount of child support, including the supporting parent's ability to pay. When orders for support become a burden, the paying parent has the option to seek a modification through the courts as an alternative to failing to pay what is due.

One man is facing the ramifications of failing to pay child support. The 39-year-old man was recently arrested following a routine traffic stop. Police stopped the man because a headlight on his vehicle was out. When they ran a check on his out-of-state license, they discovered it was currently suspended for nonpayment of child support.

Preventing child custody issues at school

Some parents find themselves struggling to co-parent with a partner after ending a marriage. Once the child custody decision is finalized, the parents could have a difference of opinion in how it is implemented or one parent could choose to ignore the order entirely. While ignoring a custody order in Florida is never a good idea, some do. Parents with school-aged children can take certain steps to keep the school informed of the parameters of the custody order and minimize problems in the future. 

One suggested way to ensure that the order is followed during school transitions is to provide the custody order or any other documents like a restraining order at the beginning of the school year. By informing school officials and teachers of the specifics of the order, they will know what to expect in the coming months. Also, they will be able to prevent individuals from violating the order with unauthorized visits or removals. 

Florida man charged in alleged domestic violence assault

Police reports, a car chase and a hideout in a restaurant are all part of this interesting case. Recently, a Florida man, who is a former professional football player, was charged with simple assault and aggravated battery with a deadly weapon after reportedly chasing his ex-wife and her mother. The pair had just exited a police station after making statements regarding past domestic violence by the woman's former husband. 

The man has since been released on bail. He and his ex-wife divorced in 2015, but problems remain between the pair. The most recent argument was about the mother's intent to take the children to Georgia on vacation. The argument started at a local restaurant and allegedly continued once the family went home to pack for vacation. Apparently, the former football player verbally and physically assaulted his ex-wife. 

Pets are changing divorce agreements

More and more people see a pet as a beloved family member and not as a working animal or mere property. As some couples head to divorce, there are disagreements about who should get the family pet. Most courts will view a pet as property just like silverware or a painting, but some Florida families want to make shared custody arrangements when parting with a pet is just too hard.

Lawyers report that the pet custody issue is a growing trend in their practices, but in most locations the law has not yet changed. If a pet was purchased using marital funds within a marriage, it can be hard to make a clear claim of separate property. If the pet was a gift, or came into the marriage with an individual, it may be easier to argue that the pet stay with one rightful owner. 

Celebrity ex faces domestic violence charges in Florida

For the second time this year, Nick Gordon, ex-boyfriend of late celebrity Bobbi Kristina Brown, has been arrested for fighting with his new girlfriend. The Florida man was charged with domestic violence following an incident that caused authorities to respond to his home. Charges against the man are expected to be dropped, as it has been reported that the girlfriend stopped cooperating with police. 

A previous charge was also related to the battery of Laura Leal, Mr. Gordon's current girlfriend. In this incident, it has been reported that the two were arguing after she picked him up at a local bar. The woman reported being struck across the cheek and that her hair was pulled. Once the two arrived home, authorities were alerted to a possible domestic disturbance. 

Think financially during a divorce

The end of a marriage is a challenge for everyone involved. The process can be emotionally draining and full of lifestyle adjustments. A divorce can also be financially draining, but there are some common ways to diminish the financial effects of ending a marriage. A Florida resident facing a marital dissolution may want to take steps to avoid additional problems as he or she goes through what can be a trying time. 

One of the financial considerations of divorce can be the expense of paying legal fees. One way that some individuals choose to keep costs lower is to use an alternative dispute resolution approach. By working with an attorney and the soon-to-be ex-spouse during a mediation process, the individual gets a chance to reduce costs and reach a friendlier agreement with the other party. If an amicable solution isn't possible, then litigation may be the answer, but this method is typically more costly. 

Navigating a military divorce

Deciding to split is always painful, and the process is very draining. For active duty military members, there are many additional considerations as well. They are not much more complicated than any other divorce, but they do require special attention and expertise.

If you are a member of the military or the spouse of one, it is important that the attorney you trust with the best interests of your family understand these unique challenges.

Shared child custody typically in the best interest of kids

An individual facing divorce proceedings may have questions about how to handle parenting with the soon-to-be ex. During this time, emotions run high, and it can be a challenge to make decisions about how to move forward. For many, a shared child custody plan will be a solution that is both in the child's best interest, and this notion is supported by evidence. In Florida, many parents choose shared custody after a divorce. 

Research shows that children tend to perform better and have better outcomes when they are able to have a healthy relationship with both parents. This is why many judges and state laws are moving toward joint custody as the primary option when two parents separate. There are exceptions to this approach, such as in cases of abuse or neglect, or when there is no prior relationship with the parent. In those circumstances, a sole custody solution may make the most sense. 

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