Is it Okay to Spy on Your Spouse When Going Through Divorce?

When spouses are getting a divorce, there are a number of things they might do that they never imagined doing while they were married. One of these is spying on the other spouse. It may seem crazy, but it happens more than one would think. If you are considering divorce, or are in the middle of one, you might even be thinking about spying on your spouse, too. So, will this hurt your divorce settlement? Is there ever a time when spying on your spouse during divorce is considered okay?

The answer is that yes, there is. Before you start trying to guess online passwords and lurking around corners though, it is important to determine why you want to spy on your spouse. This will offer a lot of input as to whether or not you should be engaging in the practice.

When It Is Okay to Spy

The only time it is okay to spy during your Florida divorce is if it will help your case. For example, if you think your spouse is hiding assets because they do not want them divided under Florida’s equitable division laws, then gaining access into their separate bank account, acquired during the marriage, might be okay.

Additionally, if you think your spouse is having an affair, it might be okay to snoop on them as well, but only under certain conditions. For example, if you believe that your spouse used marital funds or that your income contributed to the affair it is important that you are aware of that. It may help you get more in the settlement in terms of property division or spousal maintenance.

Although in these instances, it may be considered okay to snoop on your spouse to gather information that could help your case, it is always best to take the matter to your divorce lawyer. An attorney will ensure the snooping is done legally, and in a manner that will not ultimately hurt your case. For example, instead of trying to guess the password to your spouse’s secret bank account, an attorney will issue a subpoena asking for those records.

When It Is Not Okay to Spy

If you simply want to learn if your spouse is seeing someone new, or if they have kept the job you have been urging them to get out of, it is not advisable to snoop on your spouse. These are not circumstances that will help your case and if you start spying just for the sake of spying, it could actually hurt your case.

In these instances, if you start snooping, you could unknowingly break privacy laws and possibly, face criminal penalties. If you ever want to spy on your spouse, first clear it with our divorce attorney. If they advise against it and will not conduct an investigation for you, the chances are good that spying is not a good idea, and you should avoid it.

Need Advice With Your Divorce? Call Our Florida Divorce Attorneys

There are many things that may come up in your divorce, and spying is just one of them. If you are considering divorce, or the process has already begun, call our Tampa divorce attorneys at All Family Law Group today. We can advise on all aspects of your divorce and ensure it goes as smoothly as possible. Call us today at (813) 672-1900 for your free consultation to learn more about how we can help.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html

https://www.familymaritallaw.com/the-steps-in-a-florida-divorce/

What are the Steps in a Florida Divorce?

When going through a divorce, one of the most difficult aspects is that people typically do not know what to expect. Simply eliminating this fear of the unknown is enough to make people feel better about the process, particularly when they are the ones that want to initiate divorce proceedings in the first place. If you are going through a divorce, or considering it, it is best to work with a divorce lawyer that can fully explain what will happen during each step. In the meantime, below is a guideline of the steps your divorce may take, and what you can expect during each of them.

Filing the Petition

In Florida, divorce is known as the “dissolution of marriage” and the process begins with one spouse filing the petition for dissolution of marriage with the courts. The spouse that files this petition is known as “the petitioner” throughout the rest of the case. Within the petition, the person filing for divorce must state that the marital relationship has broken down and that there is no hope of reconciling.

Filing the Answer

After the petition is filed with the court, the other spouse has 20 days to file their answer. This time limit begins from the day they are served the petition. In their answer, the non-filing spouse must tell the court if they agree to the petition, which parts of it are true, if they deny anything stated in the petition, and if there are any parts of the original petition that they are unaware of. Within their answer, the non-filing spouse can also raise additional issues with the court. The petitioner can then respond to this reply.

Filing Additional Paperwork

There is a great deal of paperwork associated with divorce. In every divorce in Florida, a financial affidavit must be filed within 45 days of the original affidavit being served. Additionally, a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit must also be filed if the divorce will involve minor children.

Discovery

During the discovery phase, both sides must present the other side with the financial documents pertinent to the divorce. This includes tax returns, proof of income, statements regarding debt, bank accounts, retirement accounts, and more.

Mediation

Most divorces in Florida that involve minor children must go through mediation. The only exception is when one spouse is the victim of domestic violence. During mediation, both sides will meet with a mediator to try and come to an agreement without going through litigation.

Parenting Plans

In any divorce that involves minor children, the court must agree to a parenting plan that the two spouses have prepared. When the spouses cannot come to an agreement, the court will draft and finalize a parenting plan that the two spouses must comply with.

The Trial

Not all divorces will reach this point. However, if the couple cannot agree to even one term of their divorce, they will have to move to litigation and go through a trial. During the trial, both sides will make their arguments and ask the court for certain things, such as assets. At the end of the trial, the judge will make a decision and each of these decisions is legally binding.

Need Help with Your Divorce? Call Our Florida Divorce Lawyer

It is natural to be worried about what the divorce process will entail. At All Family Law Group, our Tampa divorce lawyers will not only fully explain it all to you, but also help you through every step of the way. If you are considering divorce, or the process has already started, call us today at (813) 672-1900 for your free consultation so we can review your case and help you through the proceedings.

Resource:
ncjrs.gov/pdffiles1/ojjdp/189181.pdf
https://www.familymaritallaw.com/myths-surrounding-mediation-during-divorce/

Can You Relocate with a Child After Divorce?

Divorce causes many changes to the family structure, but those changes don’t always stop after the divorce is finalized. Many issues continue to pop up along the way. One of the most common is when a custodial parent wants to relocate with their child. Perhaps they found better schooling for the child, or maybe they were offered a great job that’s out of state, or even out of the country. When this is the case, what does Florida law say about it? Are parents allowed to relocate with their children?

What is Considered a Relocation?

If you’re only moving across town with your child, you can likely do so without obtaining permission from the other parent or the courts. This is not considered a relocation. However, under Florida Statute 61.13001, when a parent moves 50 miles away or further, and intends to stay in the new location for more than 60 days, it is considered a relocation. Relocation is not an issue with temporary moves for the purpose of taking a vacation, education, or providing the child with medical care.

Relocation when the Other Parent Agrees

If you and your ex-spouse both agree to the relocation, you can draft a written agreement. This agreement must include:

• Written agreement to the relocation from both parents
• A time-sharing schedule that allows the parent not relocating access to the child
• How transportation of the child will work

After drafting and signing this agreement, you can then file it with the courts. You will not likely have to attend a formal hearing.

Relocation when the Other Parent Doesn’t Agree

Many times, the non-locating parent doesn’t agree to the relocation of their child. If this is the case, you must file a petition to relocate with the court. This is then served to your ex-spouse. Your petition must include:

• The address and phone number of your new home
• The date you wish to relocate
• The reason for the relocation and proof, such as a written employment contract
• Your proposed visitation schedule
• A written plan for transporting the child

After your ex-spouse receives the notice, they have 20 days to file a response. This should include reasons for objecting to the relocation, and how much time the non-relocating parent spends with the child. If they do not respond, the court may automatically grant the relocation. If your ex-spouse does reply to your petition, a judge will hear from both sides and weigh what is in the best interests of the child.

If a judge does not grant your relocation and you move anyway, you may face serious consequences, such as charges of contempt.

Need Help with Your Petition? Call Our Florida Family Law Attorneys

Filing a petition for relocation after divorce is complex. The burden of proof lies with you to show that you are moving, at least partially, for the child’s benefit and the move is not to your sole advantage. At All Family Law Group, our Tampa divorce attorneys can help you with this element of proof. We will also ensure you take all the necessary steps, so you can move forward with your new life while still complying with the law. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. for a free consultation.

Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html

https://www.familymaritallaw.com/what-happens-with-children-and-property-during-a-divorce/

What is Criminal Return Fraud?

When most people think of retail theft, they first think of shoplifting. However, there is another offense that has become more common recently. That is return fraud. This type of fraud has been around ever since there were retail stores. Now that the Internet has entirely changed the way people shop though, it’s becoming even more popular. According to a study conducted in 2018 by the National Retail Federation, 11 percent of all retailers’ yearly sales were returned. Eight percent of those involved fraudulent activity. So, what is return fraud? Can you go to jail if you’re convicted of the crime?

Return Fraud in Florida

The Florida statutes define return fraud as obtaining or using a receipt in a fraudulent manner. Although this definition is somewhat vague, there are many instances that could be considered return fraud. The most common type of return fraud is when a person makes a purchase and uses the receipt from that item to return an item of lesser value.

People that engage in ‘wardrobing’ or ‘free renting,’ are also committing return fraud. This is when a person makes a purchase, uses it for a short time, and then returns it for a full refund. Returning stolen merchandise for a refund is also considered return fraud.

Switch fraud is another type of return fraud. This is when someone owns a product that has broken. They purchase another identical product, and then return the broken one to the store. The customer receives a full refund and gets the new purchase for free.

These are just a few of the instances that could constitute return fraud. Any time a receipt is used fraudulently, it is considered a crime.

Penalties for Return Fraud in Florida

Using a receipt in any way other than the manner it was intended may seem harmless enough. After all, many consider it a victimless crime. However, the state of Florida takes this crime very seriously. Those convicted of it face harsh penalties.

In Florida, return fraud is considered either a first-degree misdemeanor or a second degree misdemeanor. For a first offense of a first-degree misdemeanor charge, a person faces up to one year in jail, a fine of $1,000, and is usually ordered to pay restitution to the retailer they defrauded. If the person is charged with a second-degree misdemeanor, they face up to 60 days in jail, a fine of $500, and often a requirement to pay restitution to the retailer.

Were You Charged with Retail Theft? Call Our Tampa Florida Criminal Defense Attorneys

As it becomes more common, retailers are becoming increasingly frustrated with those that commit return fraud. As such, they are often very aggressive in pressing charges when they believe someone has committed the offense. If you have been charged with return fraud, or any other crime, call our Tampa criminal defense attorneys at All Family Law Group, PA today. We will provide you with a solid defense to give you the best chance of preserving your freedom, and to keep your permanent record clean. Call us now at (813) 672-1900 for your free consultation.

Resource:
nrf.com/media-center/press-releases/organized-retail-crime-losses-reach-all-time-high

https://www.familymaritallaw.com/the-dos-and-donts-after-an-injunction-is-issued-against-you/

What to Know About Emergency Child Custody Orders?

Florida, like all states, have laws that protect children from dangerous situations. These situations are unfortunately many. A parent could kidnap a child, or abuse or neglect their child. Sometimes, both parents are deemed incapacitated or they may both suddenly pass away. In any of these unfortunate situations, and more, an adult may petition the court for an emergency child custody order to place the child in temporary care. What are these orders in Florida, and who can ask for one? You’ll find the answers to these questions pertaining to emergency child custody orders, and more, below.

What is an Emergency Child Custody Order?

Emergency child custody orders are covered under The Uniform Child Custody Jurisdiction and Enforcement Act, or the UCCJEA. All states, with the exception of Massachusetts, follow this law. This Act not only governs the rules for child custody, but they also determine the jurisdiction of the court that has the right to issue an emergency child custody order.

For example, a parent may wish to leave their home state for the welfare of their child, such as if the other parent is abusing them. Under the UCCJEA, that parent must file for child custody in the state they’ve lived for at least six months. However, the UCCJEA also states that if a parent has had to leave their home state with their child for safety reasons, the courts in the new location may issue an emergency child custody order until a more permanent solution can be reached.  Click to see more.  

During a Divorce What Happens with Children and Property?

When a couple divorces, they often understand that the courts will divide their property and make decisions on child custody matters. The courts make this decision by issuing final orders that both spouses must follow. However, how are property and child issues handled until that time? What happens while the divorce is ongoing and a judge has not yet made a final order?  After a couple files for divorce in Florida, a standing family law order is issued. This order provides guidance on how the spouses should conduct themselves until the divorce is finalized. A standing family law order can help reduce and resolve a number of conflicts that, without an order, would likely present themselves. Click here to read more.

How is Property Divided in a Florida Divorce?

In a Florida divorce, assets and debts acquired by the couple are divided fairly between the two spouses. If the two parties can come to an agreement on their own and it is fair, a judge will likely approve that agreement. When the couple cannot agree how assets and liabilities are split, a judge will listen to each side and make a final decision. Understanding Florida law on property division, as well as the factors a judge will take into consideration, is important for anyone going through a divorce.  Click here for more.

What Is the Purpose of a Deposition in Divorce?

The divorce process is scary and overwhelming for many spouses because they do not understand the legal procedures that go along with moving a petition through the court system.  The mysteriousness of the legal process often increases during the discovery stage of a divorce case, which is the period each side may request documents, testimony, and other evidence to help to support her or his argument.  Click here to read more.

The Role of DNA in Paternity Cases

With more couples choosing to skip the bonds of marriage in favor of living together in a less formal arrangement, more children are born outside of wedlock. This situation does not have the stigma formerly imposed on the children of unwed parents, but it can create some legal difficulties that need to be addressed. The most prominent issue unmarried parents encounter is establishing paternity. Paternity is needed to be considered a child’s legal father, and without this designation, the man has no rights to seek time or information about the child. Married men are automatically presumed to be a child’s father, but unmarried fathers must go through several steps to receive this status.

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Is Your Spouse Hiding Money in Advance of Filing for Divorce?

Filing for divorce starts a long and complicated road of decisions that will affect the rest of a couple’s life, much of which is driven by the fact that marital property must be divided. No one enjoys giving up their property, least of all a spouse who wants out of a marriage, but avoiding this outcome, without a prenuptial agreement, is not possible. As a consequence, some spouses, thinking of divorce in the long-term, will start to find ways to conceal income and other assets with the intent of not sharing them with the other spouse as part of the divorce settlement. This tactic is also used to reduce the child support and alimony obligations a spouse may face. Click here to read more.

Is Texting Your Spouse During a Divorce Case a Good Idea?

Communication is a common issue for many couples, and those going through divorce will particularly struggle with how to navigate this area of interaction in light of the emotional and legal aspects of this process. Some level of communication is usually a good idea for most divorcing couples, especially if they are trying to negotiate a settlement and/or share children. Click here to learn more. 

Attorney Fees and Costs: How Much Does It Cost to Hire a Divorce Attorney in Tampa Bay?

Divorce may be the right decision for a particular relationship, but getting to the end and seeing a judge officially dissolve the union is an entirely separate matter. Accessing the legal system for any issue comes with a financial cost, and the complexities of divorce, both from a legal and procedural standpoint, make it inadvisable for a spouse to navigate a divorce case without the assistance of a divorce attorney. Click here to learn more.

Group Looking to Eliminate Permanent Alimony

Anyone associated with divorce knows about the financial strain of this event, and some spouses are able to weather the transition better than others. For those with little to no access to financial resources, alimony is often requested to at least cover the costs of living for the first few years post-marriage. For the person ordered to pay, this ongoing obligation, which is often in conjunction with child support, is hard to meet. Click here to learn more.

Are There Risks with Doing a Divorce Yourself?

Dealing with the emotional, financial, and psychological fallout of divorce is no small thing, and even couples who know this step is coming still generally walk through the same process to transition to life outside of marriage. The biggest hurdle to moving on is the divorce process itself, and some spouses are intent on bringing the marriage to a close in the most efficient and least costly way possible. Click here to read more. 

Negotiating a Parenting Plan

Parents seeking divorce have a large task in front of them, as they consider, negotiate, and settle on the terms that will govern child custody. Divorce is particularly hard for children, and trying to find the right balance that addresses the desires of both parents to have an active role in the child’s life against the child’s need for predictability, stability, and consistency is hard. In Florida, these agreements are called parenting plans, which cover how the parents will divide parenting time and decision-making authority. Click here to learn more.

How to Protect Your Privacy During a Divorce

Divorce is one of those intensely personal life events that must be mentioned because of the drastic changes it triggers, but going into the details of the situation is typically limited to immediate family and close friends. For those that pursue the traditional court process to obtain a divorce, one element of the legal system in this country can prove to be unnerving and unpleasant.  Click here to learn more.

Options When a Parent Exposes a Child to Drugs

Drug and alcohol abuse are issues that can drastically affect a child’s quality of life, but is a situation a child may not be able to recognize or appreciate for its instability and danger. If child custody is shared, this habit is a true concern that needs to be addressed. Obviously, the issue in these circumstances is the addicted parent’s ability to safely and appropriately care for the child. Click here to read more.

What is Parental Alienation?

Parents generally realize that an environment with lots of conflict is not good for a child’s wellbeing, and divorce can put this knowledge to the test, as it pushes some spouses into highly adversarial positions. However, when children are involved, parents do try to keep things on an even keel to facilitate better cooperation post-divorce. Further, while divorced parents may disagree, both usually realize that having a close relationship with each other is important for the child’s development and welfare and try to support that relationship. Click here to learn more.

When do Courts Award Sole Custody?

The default for divorced parents in Florida, and most other states, is that parenting time, formerly referred to broadly as custody, will be shared. While the ideal is that the child spends roughly equal amounts of time with each parent, typically one parent will have primary responsibility for childcare, with the other parent taking the child on weekends and one or two evenings during the week. Moving to the other end of the spectrum, sole custody is not only discouraged but very hard to achieve outside of the most extreme cases.  Click here to learn more. 

The Limits of Snooping on a Spouse during Divorce

If a married couple decides to get divorced, chances are the level of trust each spouse has for the other is pretty low. In many cases, this mistrust is justified based upon past actions of the other spouse that eroded confidence in the feasibility of continuing the relationship. The high level of emotional distress that divorce provokes can also lead some spouses to engage in questionable behavior, both as a means to punish or embarrass the other side, or to gather damning evidence to present at trial. Click here to read more. 

Home Equity Lines, Mortgages and Divorce

Distinguishing and separating financial obligations are one of the most difficult parts of divorce. The longer a couple is married, the harder it is to figure out when and how many items of property were acquired or which funds were used to maintain them. Family homes and real estate in general is particularly tricky to assess, especially if one spouse brought property into the marriage and the other spouse derived https://www.familymaritallaw.com/home-equity-line…ages-and-divorce/ a benefit from it.  Click here to read more.

Enforcing a Foreign Divorce Decree

People get married at a variety of places around the world, often having no familial, personal, or professional connection to a location, but merely a desire to get married in a certain atmosphere. Divorces are issued all over the world as well, but may only be validly issued by a court with authority or jurisdiction to hear the matter. Consequently, the original court usually retains jurisdiction over enforcement and modification of their issued divorce orders, which can prove problematic when a person moves to another State or country. Click here to read more.

Options for Getting a Spouse Out of the Home

When a relationship starts to go south and spouses begin to consider getting divorced, an early question in this process is often who will stay in the family home and who will leave. This issue can become a huge point of contention, as both spouses likely have rights to be in the home, usually through being listed on a lease or home mortgage. Ideally, the couple can negotiate an acceptable resolution in which one will leave without the need for court intervention. Click here to see more.

Don’t Expect Facebook to Be Private in Divorce

Social media is an important outlet for millions of Americans, and serves to keep people connected with family and friends. These connections are particularly important for moving through a divorce, but the information posted on these platforms can prove problematic if there are images or posts the other spouse could use to challenge claims made by the other party. Click here to see more. 

Does Infidelity Matter in Divorce?

Marriages end for a large number of reasons, but one circumstance that often drives this decision is infidelity by a spouse. Not being able to trust a spouse to remain faithful is a deal killer for most relationships, and is bound to generate a lot of emotional pain. The wronged spouse may also feel compelled to air this information in the ensuing divorce proceedings as a way to retaliate for the bad behavior. Click here to read more.

When Would a Court Give Custody to a Non-Parent?

Raising a child without some help and contributions from family and friends is virtually impossible.  Childrearing is a full-time, constant endeavor that requires help from the outside for a parent to fulfill her or her responsibilities.  However, when it comes to who as final authority over a child, one or both parents are overwhelmingly the only individuals considered for this role.  Click here to read more.