Articles Tagged with family law

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The winter holidays have arrived and this time should be one of peace and celebration for your family. For spouses considering divorce, however, the holidays present many emotional issues, grave decisions, and other challenges. Despite having serious marital problems and wanting to end their marriage, many people choose to hold it together during the holidays for the sake of their children and other family members and to avoid “ruining” the holidays. This is one of the many reasons that reports indicate that the rate of divorce filings often spikes at the beginning of a new year.

Though spending the holidays on the brink of divorce is not fun for anyone, there are some things you can do to ease the tension and to make it easier once you do file, including the following:

Make an agreement — If your spouse is aware that you want a divorce and you have both agreed to wait until after the holidays, lay certain ground rules for making the most of the holidays with your kids and families, such as avoiding insults and fighting. Continue reading

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Often, a divorce may be the first encounter you have with the court system and legal process. You will likely not be familiar with the many laws in Florida that govern divorce and set out your rights and responsibilities during and after the dissolution of your marriage. For these reasons, you should always seek out assistance from a highly skilled and experienced Boca Raton divorce attorney who can ensure that your best interests are protected in your divorce.

Many individuals may not know where to begin in selecting a divorce attorney and how to make sure they make a quality choice. While you may be tempted to simply do a quick internet search and choose the first name, this may or may not be the right decision for you. Divorce is a sensitive legal matter that can have significant and long-lasting effects on your life, so you should always choose an attorney as carefully as you would choose a surgeon or other life-changing professional. The following are some things you may want to consider when you are deciding you will represent you throughout your divorce.

Do Your Friends Have Recommendations?

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If you are no longer married or in a relationship with the other parent of your child, you will need to make many legal decisions regarding time-sharing and visitation. These are the terms that have largely replaced the term “child custody” in Florida, since Florida law sets out that maintaining continuing and frequent contact with both parents is in the best interests of the child unless there is evidence to the contrary. No longer do the courts presume that the mother should automatically have full custody and the courts make this type of determination hoping to uphold both parents’ rights to share in raising their child.

Determining how to share time and legal custody of children is not a simple matter and many parents may consistently argue over specifics of the arrangement. To avoid this, parents who have joint physical and/or legal custody over children must have a parenting plan approved by the courts. It is always preferable for parents to agree to the specifics of a parenting plan and then have the court approve it, as they know their child’s schedule and specific needs firsthand. Unfortunately, in some cases, parents cannot agree on all of the specifics of a parenting plan and the court must intervene and decide for them. No matter who decides the specifics, however, a parenting plan must include certain provisions.

Necessary Provisions in a Parenting Plan

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In a divorce case, every individual wants to obtain a decree with the most favorable terms possible so that he or she may move on with financial stability and quality relationships with his or her children. Unfortunately, many people make mistakes during their divorce cases that hinder the outcomes. The following are only some of the errors that commonly affect the outcome of a divorce case.

Having unrealistic expectations — If you march into a courtroom demanding an exorbitant and unjustified amount of spousal support or sole custody of your children when shared custody is appropriate, your case may be affected in many ways. First, if you refuse to agree to reasonable terms, your case may be delayed and many issues may be placed into the hands of the family law judge, who may not find in your favor. An attorney can help provide a realistic view of the potential terms of your divorce decree.

Assuming your spouse will cooperate — Many people optimistically expect their spouse to be cooperative and fair when discussing and agreeing upon the many terms of their divorce. Unfortunately, the divorce process can incite a lot of negative emotions and many spouses become difficult and resentful before the divorce is finalized. You should never fail to have an attorney simply because you expect fairness from your spouse. Having the representation of an experienced divorce lawyer will ensure that you have the needed legal support if your spouse becomes unreasonable.

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Mental incapacity plays an important role in many different family law matters. Cases alleging mental incapacity of one of the spouses can become complicated and adversarial. Because you cannot actually get into someone’s head and know what they were thinking at a particular point in time, gathering and presenting evidence of mental incapacitation can be complicated. The following are some examples of when mental capacity may be at issue in a Florida family law case.

Marriage

In order for a marriage to be valid, both individuals must be of sound mind, must understand the nature and effects of getting married, and must be mentally capable of agreeing to the marriage. Simply because one person has a mental condition does not automatically render them incapacitated for marriage purposes, but if a court decides one spouse did not have the capacity to agree to a marriage, that marriage will be deemed invalid.

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Child custody is often a complex and hotly contested issue in family law cases. In many situations, parents involved in a custody case are getting divorced or ending a dating relationship and, too often, one parent may want to limit the custody of the other. One parent may allege that the other engages in misconduct or is otherwise unfit to parent the child. Though Florida law presumes that joint custody and relationships with both parents is preferable, the courts will look into such allegations to ensure that the custody determination is truly in the best interests of the child. In these situations, the court may order a custody evaluation.

Custody evaluations involve the appointment of a Guardian ad Litem (GAL) to protect the rights and best interests of the child. A forensic psychologist may also be appointed to help evaluate the situation. These professionals are expected to remain impartial regarding the two parents and focus solely on what type of custody arrangement may be best for the child.

An evaluation may include the following depending on the particular situation: