Can You Get A Florida Divorce if You Cannot Find Your Spouse?

 Divorce is a legal process in which one person files a petition to dissolve their marriage and afterwards, serves their spouse with the divorce papers. Sometimes though, it is not possible to locate the other party so they can be served with the paperwork. This is particularly common in divorce cases, when one spouse may have moved out before the process was initiated, and perhaps they even moved to another state.

Many people think that if they cannot locate their spouse to serve them with the papers, they cannot get a divorce. Fortunately, that is not true. There is another way you can serve your spouse when they are absent. Before using it, you should know that while you can proceed with the divorce, there are some drawbacks. Below, our Tampa default divorce attorney explains further.

Using Due Diligence when Trying to Locate Your Spouse

If you cannot locate your spouse, there are other options for serving the divorce papers, such as citation by publication. A citation by publication is a process of running a divorce announcement in a certain newspaper for a certain amount of time. To get a divorce using citation by publication as a service method, a judge must agree to it. The court will only allow a citation by publication if you can show that you have used due diligence when trying to locate your spouse. Essentially, you must show that you have made every attempt to try and find your spouse. Exercising due diligence could include:

• Contacting your spouse’s current or former employer
• Contacting your spouse’s friends and family members
• Checking your spouse’s social media profiles
• Monitoring your spouse’s bank account or credit card transactions

There are companies who offer services to help you do a diligent search, so essentially it can be done easily for a small fee.  The diligent search results will be filed in your case.

What are the Disadvantages of Citation by Publication?

After a judge issues a citation by publication, you will have to meet several requirements. For example, you may have to run the announcement for a certain period of time. Once you have completed any requirements, a judge will issue a default divorce. This means you can proceed with dissolving your marriage even though your spouse is not present. However, there are some disadvantages to obtaining a default divorce.

The main disadvantage of citation by publication is that the court cannot make decisions on other terms of the divorce. For example, the judge will not be able to award child support or alimony, and property division also cannot occur. If you do locate your spouse in the future, you can take these matters back to court but the terms cannot be finalized until your spouse returns.

Our Default Divorce Attorneys in Tampa Can Help with Your Case

If you want to get a divorce but cannot locate your spouse, our Tampa default divorce attorneys at All Family Law Group, P.A. can help you through the process. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help with your case.  Se habla Español.

Sources:

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Pregnancy and Divorce

When couples find out the woman is pregnant, there is typically cause for celebration and greater intimacy in the relationship. However, this news is not always a good thing. Couples who are struggling with relationship issues may find a pregnancy pushes them farther apart, and becomes the catalyst for divorce. The combined emotions of pregnancy and divorce is a lot for any woman to process, and making the right decisions for herself and the new child may not be easily discerned. Further, adding an unborn child into the divorce process creates additional legal considerations that need to be addressed. These extra concerns revolve around the particular needs of newborn children that impact issues such as parenting plans, medical costs and alimony. Balancing the needs of the child and interests of both parents can be tricky during the first stages of a child’s life. A discussion of the legal aspects, as well as the practical matters, of navigating divorce during this time of great change will follow below.

Parenting Time

To the extent possible, courts look to grant shared parental responsibility in child custody matters, and to give each parent “frequent and continuing” contact with a child to promote healthy parent/child relationships. Parenting plans lay out the responsibilities each parent has for the child, and most importantly, include a time-sharing schedule to establish how often the child will stay with each parent. Newborns present challenges to organizing a parenting plan that is fair to the father, but also workable for the mother and infant. Newborns require constant care that depends considerably on the presence of the mother, especially if she is breast feeding the infant. While carving out bonding time for the father is important, in the first months of a child’s life overnight stays may not be possible. This means, for all intents and purposes, usually the mother has sole physical custody during this period of time. Instead, both parents should be flexible, and try to work in a few hours every week for the father to visit with the child. Once the child is no longer dependent on breast milk, overnight stays can and should be integrated into the time-sharing schedule.

Health Care

Pregnancy and childbirth are well-known to bring a large amount of additional medical costs that can easily run into the thousands of dollars. Generally, spouses are not required to cover the health care costs of the other following divorce. However, in the case of pregnancy the court may order the husband to contribute toward the costs of the mother’s health care until the child is born. If the woman receives health insurance through her husband’s employer, she would be able to continue on the same plan under COBRA after divorce, which would allow her to keep the same doctors, a priority for most during pregnancy. In this situation, the husband could be ordered to pay at least part of the monthly premium, which is typically substantially more than the employer-subsidized monthly cost.

Alimony

Alimony is generally awarded on a temporary basis until a party becomes financially independent, and if a woman chose to stay home with the baby for the first few months, courts would likely be amenable to ordering some amount of alimony if the other party is able to pay. However, extended periods of absence from work, especially if the woman was employed before pregnancy, could face increased scrutiny from a court about how long alimony should last.

Consult a Divorce Attorney

Most people facing divorce have to juggle the emotional and practical changes that come with the end of a marriage. Adding a pregnancy to this burden is a lot for anyone to handle. A divorce attorney, like those at All Family Law Group, P.A., can take some the of stress away, and help make decisions that best for you and your family. All Family Law Group, P.A. represents clients in the Tampa Bay area, and can help you move forward.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Dealing with a Spouse Who Is Intentionally Hiding or Squandering Marital Assets Pending Divorce

Married couples spend years building up assets in the hope of gaining financial stability for their family, and this effort often requires many sacrifices to produce the desired results. Consequently, if a couple later divorces, dividing this property frequently becomes a contentious and highly litigated issue. Relinquishing control over something that required considerable effort is understandably difficult. However, unless a prenuptial agreement exists, the division of marital property is mandated by Florida law. Typically, marital property is equally divided between spouses under the premise that each provided equivalent contributions to the acquisition of the assets. But, if there are concerns about a spouse dissipating assets during the marriage and/or while the divorce is pending, the court can take steps to rein in this behavior if sufficient evidence is brought to its attention. Basically, the law does not want one spouse to unfairly and unilaterally gain a greater share of the marital property at the other spouse’s expense, and potentially leave the innocent party with no financial resources following the divorce decree. A woman from Florida is facing this situation as she seeks to stem the further loss of marital property to her husband’s mistress. The woman filed for divorce earlier this year after learning of the affair, and believes the amount that actually benefited the other woman is far in excess of the $11 million claimed by her husband. A discussion of what a spouse can do to stop dissipation, or waste, of marital property, as well as how to recover the squandered funds in a divorce, will follow below.

Actions Considered Dissipation of Assets

A spouse is considered to have dissipated marital assets if he/she attempts to hide or waste the assets, and thereby deprives the other spouse of the benefits the property provides. Dissipation can include transferring money to family members, wiring money to an overseas bank account, or intentionally running up huge credit card debts to punish the other spouse for getting divorced. Further, changing the beneficiary of a life insurance from a spouse to a mistress, for example, would also be viewed as waste since the intent is to deny the spouse the benefit and use of the proceeds. If this type of behavior is suspected, action must be taken as soon as possible to prevent further, and potentially unrecoverable, losses of marital property.

Injunctions

Florida law allows spouses to petition the court for an injunction to prevent the other spouse from disposing of or concealing the property. This means the spouse named in the injunction is prohibited from removing the property from the state or reducing its value in any way without the other spouse’s permission. If a spouse violates the injunction, the other spouse may file a petition with the court to hold him/her in contempt, and may also include a demand for the spouse to deposit a sum of money with the court to cover the value of the lost assets, if they are unrecoverable, as an incentive to prevent further violations. The payment is also usually necessary to avoid a jail sentence for contempt.

Property Division in Light of Lost Assets

If a spouse did dissipate marital property, this behavior can have a significant effect on the division of property in a divorce. The court will value assets lost to dissipation, and award a greater amount of the remaining marital property to the innocent spouse. If the remaining marital property is insufficient to cover the value of the wasted assets, the court will look to the guilty spouse’s separate property to find restitution for the other party.

Get Help

If you are concerned a spouse is disposing of assets without your knowledge or consent, talk to a family law attorney as soon as possible. The quicker legal action is taken, the greater the possibility of tracking and recovering the property. The All Family Law Group, P.A. represents clients throughout the Tampa Bay area in family law matters, including property division, and can help you get the settlement you deserve.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

What to Do When You Suspect the Other Parent Plans to Kidnap Your Child

Ask any child of divorced parents what would make them happy, and most will respond with having their parents together again. While it is fairly well known that children tend to do better in intact homes, this situation is not always tenable or in the child’s best interest if the parents are unable to maintain a healthy and functioning relationship. When a couple does decide to separate or divorce, and issues of child custody and parental responsibilities are addressed, most parents strive to make decisions that are best for their child. Unfortunately, though, not all parents are willing to discuss or compromise their positions on their children, and this unyielding attitude can easily lead to disputes. An extreme manifestation of this inflexibility is a parent who decides to ignore or directly violate a parenting plan in order to keep a child away from the other parent or legal guardian. A woman in Citrus County was recently arrested for interference with child custody when she forcefully took her children from the court-appointed guardian after being told she had no legal right to see them. Worrying about a parent kidnapping his/her child is a terrible scenario for the other parent, but the law does offer some protections to a parent fearing this possibility.

Parents at Risk of Violating Parenting Plan

The purpose of a parenting plan is to establish the responsibilities of each parent, and includes a time-sharing schedule that outlines how much time a child will spend with each parent. If a parent has legitimate evidence that another parent is likely to violate the parenting plan by removing a child from the state or concealing the child’s location, the parent can file a petition with the court asking it to block any possible attempts. The court has authority to prohibit the parent from taking certain actions that would facilitate travel with or concealment of the child. Some of the options a court has to inhibit a parent’s ability to violate the parenting plan include:

• requiring court permission or the consent of both parents to remove the child from the state or country;
• requiring the parent to surrender the child’s passport;
• imposing travel restrictions that insist on a parent providing a travel itinerary and contact information for the child before travel can commence;
• prohibiting a parent from removing the child from school or approaching the child outside of the designated site for visitation; and
• imposing limitations on visitation or requiring all visitation with the child be supervised until the risk of a parenting plan violation has subsided.

Bringing a Child Home

Once a child is taken to another state or country and contact with a parent is cut off, it is important to know what laws are in place to resolve this situation. Most states, Florida included, enacted a law that governs child custody disputes that cross state lines. The law, the Uniform Child Custody Jurisdiction and Enforcement Act, allows courts in different states to speak to one another in order to determine which court should decide the child custody case, and ultimately, where the child should live. This decision is based on the residency of the child, which is typically established by where child lived for the previous six months. Consequently, taking legal action as soon as possible is important to preventing a change of residency for the child. Motions related to child custody disputes are heard quickly to facilitate an efficient resolution of the matter for the sake of the child, especially when parental kidnapping is alleged.

The most important thing, when a threat such as this exists, is to get a court order outlining the rights of each parent. Without this legal backing, law enforcement will not have the authority to intervene if there is a kidnapping, leaving one parent with little recourse to get the child back.

Hire a Family Law Attorney

If you are fighting with an ex-spouse about parenting time or other child-related matters, and fear he/she will take action to keep the child away from you, you need to speak with an experienced family law attorney as soon as possible. Keeping the child in the state is imperative to protecting your rights, and the attorneys at the All Family Law Group, P.A. understand how important child custody issues are. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Caution – Social Media, Electronic Evidence, and Divorce: Guarding Against Negative Impact

In today’s world of increasing reliance on cloud-based computing, and the ability to obtain almost everything a person needs to live with a few clicks of a mouse, social media is a large and important presence in many people’s lives. Using social media to update friends and family is routine for many people and one of the original purposes behind this technology, but it is fast becoming a way for people to promote their businesses, earn a living, organize political and activist groups, and vet potential employees or clients. Many are so used to using social media to document their daily lives that they may not think about the potential ways it could be used against them. Anyone involved in a divorce case should keep this possibility in mind, and think about the potential negative consequences sharing information on social media could bring. Not only can it be used as evidence in court proceedings, it is now becoming the basis for many legal actions. Most recently, former Congressman Anthony Weiner is facing divorce and possible criminal charges after explicit texts he sent to young women, including a 15-year-old girl, came to light. Certainly, this situation is outside the norm, but understanding what kinds of electronic evidence can be used in court, and how to minimize the disclosure of damaging information, is relevant for all parties seeking divorce.

Types of Electronic Evidence Used in Lawsuits

Parties involved in divorce cases, especially those that are highly contentious, should expect the other side, at a minimum, to demand records related to texts, cell phone use, and emails. These particular forms of electronic communication are targeted because almost everyone uses them to some extent, even if they avoid more popular social media platforms. Typically, text messages and emails will be combed for information related to immoral activities and emotional outbursts that show unstable mental states. Cell phone call logs and GPS location records are useful to indicate how a spouse is spending non-family time and could reveal indiscretions or embarrassing obsessions.

Social media can be a goldmine of potential evidence that helps or hurts a divorce case. It documents how people spend their time, with whom they associate, and records states of mind at particular moments in time. Importantly, this information exists forever, and an effort to delete damning tidbits is easily discovered and can be very damaging in court. Damaging or destroying evidence is referred to as spoliation, and can bring serious consequences for the guilty party. Courts are permitted issue sanctions for these actions that include casting all legal presumptions in favor of the innocent spouse and dismissing claims of the guilty party.

How to Protect Yourself on Social Media

The best way to mitigate or eliminate potential damage from social media posts is completely suspend its use while the divorce case is pending. If that is not possible, attempt to refrain from discussing the divorce or any related issues. Further, do not create posts related to new purchases, social activities, and inflammatory topics that could be twisted in court and ultimately damage a person’s case. Finally, think about how someone else could view one’s thoughts before writing, and if there is any potential to spin it negatively, do not write it down.

Seek Legal Advice

Digital information is a minefield that can hurt or help your case. If you are contemplating divorce, discussing the kinds of information a person can expect to see on your email, cell phone, and social media accounts is crucial to building a case. The Tampa Bay law firm All Family Group, P.A. is well versed in a large variety of family law matters, and will work to obtain the best possible outcome.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

by Lynette Silon-Laguna Google+

Key Terms Everyone Getting Divorced Should Know

Making the decision to divorce a spouse is one of the largest, hardest, and most far-reaching acts a person can make in their life. The impact of divorce goes far beyond the couple, especially if they have children, and extends to family and friends who may feel compelled to choose between the two parties. Given the emotional turmoil that accompanies divorce, it may be tempting to tune out and disassociate from the legal proceedings once a divorce lawyer is hired to handle the case. However, it is important to be engaged in the divorce process, despite the hard emotions, because of what is at stake. While a divorce attorney can represent the interests of a divorcing party, this person must maintain an active and engaged role throughout the process to ensure the outcome is in keeping with the party’s personal and familial goals. Further, it can be easy to assume one already knows the necessary information about divorce because of its constant presence in society, but unless a person has previous experience or legal training, there is a risk of oversimplifying what getting divorced actually means. Consequently, having a basic foundation in the key terms that come up in every divorce will help to prepare individuals on what to expect, which allows for thoughtful and informed decision-making.

What Is Divorce?

Divorce, or dissolution of marriage, legally severs the union between a couple, and puts them back in the same state they enjoyed as single individuals. Essentially, this process is the legal termination of a marriage, and how couples disentangle their lives from one another. Divorce is initiated when one spouse files a petition in court, and is concluded when the spouses agree on the division of property and responsibilities, or if the parties cannot agree, when the court forms the terms of settlement.

Types of Divorce

While it may appear that all divorces proceed in the same way, more or less, there are, in fact, several different types that affect how long it will take to finalize the divorce and how complex the case will be.

• Fault vs. No Fault Divorce – Florida, like most states, has no-fault divorce, which means it is not necessary to prove that the actions of one spouse caused the end of the marriage. Instead, all that is required is to state that the marriage is “irretrievably broken.” Florida retains one basis for a fault-based divorce based on the mental incapacity of a spouse, but this provision is rarely used because the incapacity must exist for at least three years and be confirmed by a judicial order.
• Contested vs. Uncontested Divorce – In addition to determining the grounds of divorce, one also has to assess whether the divorce is contested or not. A contested divorce means the parties do not agree on all issues, such as property division, support, or child custody, and the parties will need to file a standard divorce petition based whether they own property together or have children. Florida also offers a simplified divorce for couples that have no disputes or minor children together. Simplified divorces move through the system much faster, but require the parties to waive their right to a trial and to seek alimony.

Common Issues

Financial Concerns: Because married couples tend to intermingle income, property, and debts, it is necessary to determine how these areas will be divided in divorce. Specifically, divorcing couples must decide:

• how to divide assets, such bank accounts, stock portfolios, and pensions;
• how to divide debts;
• how to handle jointly-owned property, like the marital home; and
• whether to pay alimony to one spouse.

Children: Disagreements about children account for most of the disputes in divorce, as parents attempt to work out:

• Custody;
• child support; and
• parenting plans.

Talk to a Divorce Attorney

While this article gave you a brief overview of the components of a divorce case, each case is unique and could have issues not covered here. A divorce lawyer can advise you about the particular law that applies in your case, and help you get the outcome you want. The All Family Law Group, P.A. will walk you through the divorce process step-by-step as you begin the next phase of your life.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

The Lesser Known Option to End Marriage: Annulment

When married individuals consider ending their marriage divorce is usually the first and only option they explore. This default starting point makes sense when one thinks about the lack of other viable options discussed and/or known by most people. In addition, many people look to divorce as the easiest available option, and avoid other possibilities for ending a marriage out of a desire to exit the relationship quickly. However, while Florida does not offer couples the option of a legal separation, statutes and law established through court cases do permit couples to annul a marriage in certain situations. A natural question that emerges for most people when this topic comes up is why they should choose this over divorce. Ultimately, the principal advantage of annulment is that it legally treats an annulled marriage as if it never existed. And, there are circumstances where a person would rather have no legal association with a past partner that justifies this more involved step. A recent story on Fox News serves as an example of a spouse that would have reasonable grounds for seeking an annulment. A Zephyr Hills man assumed a fake identity for over 20 years in order to avoid a second divorce. His new wife had no idea her husband was using a false identity until police appeared at their door to arrest him for identity theft, and she is now left to deal with the legal and emotional fallout of his decision.

Void Marriages

As a preliminary point, it is important to note that Florida does not have specific law on annulment. Rather, it has statutes and case law that establish when a marriage may be declared void or voidable. Void marriages are unions that were invalid from the start and can never be legal. Voidable marriages, on the other hand, were not necessarily invalid from the start but potentially could be. All void marriages can be annulled, but only some voidable marriages may be. Some examples of void marriages under Florida law include:

• bigamy – marriage to more than one person at the same time;
• incest – marriage to a blood relative;
• underage couples – 18 is the minimum age to get married unless there is consent from the couple’s parents. Note that an exception can be made if the couple is expecting a child; and
• permanent incompetency – marriage to a person unable to give informed consent to the marriage due to permanent mental incapacity.

Voidable Marriages

Obtaining an annulment for a voidable marriage is a more difficult process because the allowable circumstances are more complex and subjective. Further, the law in this area is exclusively based on past court decisions, which leaves the reach and application of the law open to interpretation. However, the following grounds are historically recognized as sufficient to justify annulling a marriage:

• sham or fraudulent marriages, such as to gain legal immigration status, public benefits, or Social Security. There must be no intent to live together as married couple by one spouse, with the other being entirely innocent;
• lack of consummation, but this claim should be made relatively early in the marriage to have a convincing argument; and
• concealment, such as one spouse hiding the fact that he/she cannot have children.

Consult a Family Law Attorney

Annulment cases are very complex, and typically involve very complicated sets of facts that require an experienced lawyer to effectively present in court. The All Family Law Group, P.A. in Tampa Bay understands the law and resource investment needed to win these cases, and can help you determine if annulment is right for you.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Divorce and Mediation

Given the emotional, financial and legal upheaval divorce creates for most couples, it is easy to understand why divorcing spouses have trouble seeing issues eye-to-eye. Typically, a person’s entire world changes in the wake of divorce, and seeing the other spouse as the source of this conflict certainly makes it challenging to find places of agreement. However, there are circumstances where it may be preferable to find areas of commonality and to work together toward resolution with minimum amounts of dispute to keep the relationship as intact as possible. This need for cooperation is often seen in divorce cases involving children or spouses that own and operate a business they wish to maintain with minimal disruption. Taking a divorce case through the traditional court process is, by its nature, a combative procedure. Each spouse takes a position on each issue, there is little collaboration, and a third party, in the form of a judge, is the ultimate decision-maker. There is another option that allows divorcing spouses to work together toward resolving issues in a more congenial manner – mediation. An overview of how this process works, and when courts require parties to a divorce to enter into it, will follow below.

What Is Mediation?

Mediation is a non-adversarial process where parties in a dispute discuss areas of disagreement in the presence of a mediator. A mediator is a neutral third party that attempts to help the parties better communicate, which makes it more likely they will be able to resolve their issues. Even though judges are not involved in the process, lawyers can still attend mediation sessions with their clients to help them make informed decisions with an eye toward the legal consequences. An advantage of mediation over litigation is that this process is private and confidential, and records of the parties’ agreement are not open to the public. In traditional divorce cases, unless a judge makes the unusual decision to seal the records, all the documents filed with the court are public records. Further, mediation is faster and less expensive, and the parties have complete control over the outcome. Note that this process is voluntary, and either party can withdraw at any point and for any reason. If the parties cannot come to an agreement, they still have the option of proceeding with the divorce case in court.

When Is It Required?

Some mediation is required under court order, and the parties must make a good faith effort to resolve their disputes in this forum before returning to the judge for resolution. In family law matters, courts will order the parties to undergo mediation if the following issues are under dispute:

• parental responsibility;
• which parent should provide the primary residence for the child;
• access to a child;
• visitation; or
• child support.

If the parties are able to agree, the terms of the agreement are formally documented by the mediator in a consent order that is submitted to the parties and their attorneys for review. If the parties approve the consent order, it is then given to the judge for final approval, and once granted, the consent order is enforceable to the same extent as a regular court order.

Talk to a Divorce Attorney

If you are facing divorce and want to know your options for resolving disputes outside of court, talk to a divorce attorney who can advise of the different options available, which extend beyond just mediation. The Tampa Bay law firm of All Family Law Group, P.A. works with divorcing clients in all stages of the process, and in forums outside of court.  Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Moving Away with Children after a Divorce

A divorce can cause a lot of emotional turmoil and can disrupt the family for a long period of time. The children are of utmost importance when making the many decisions that are involved in the divorce process. In Florida, as in other states, the courts are required to make judgments that are in the best interest of the children. The major parenting decisions are handled in with a document called a parenting plan. The parenting plan details how the care and custody of children will be handled after the divorce is finalized.

Child Custody

Most parents today take part in what is known as “shared parenting”. This means that both parents share legal custody of the kids. Legal custody refers to the major decisions that must be made for a child. For example, some of the important decisions include medical, educational, and religious options. Physical custody is simply the location where the children reside. Sometimes one parent has primary physical custody while they share legal custody with the other parent.

Moving Out of State

Once a parenting plan is put into place as part of the divorce, it is a legal order and must be followed. Both parents are typically allowed access to their children. Moving to another state would severely limit the contact of one parent, so it is usually not allowed. If you are considering a move to another state and you are the primary custodial parent, you must first consult your divorce documents. Determine how a potential move is to be handled. This is often covered as part of the parenting plan.

Request a Hearing

A change to the divorce order, including changes to a child’s residence, must be made through the court system. Even if the other parent agrees to the move, the change must be made legally by a judge. However, in many cases the other parent will not approve of the move. The first step is to discuss the matter with an experienced divorce attorney. Your lawyer will assist you in taking the steps needed to request a hearing.

Preparing for the Hearing

The hearing is the court date during which the judge will review your request and make a determination. Both parents are required to attend the hearing. Each parent is allowed time to present information and data to support their position. It is important to remember that the judge will always make a decision based on what is best for the child. All aspects of the case will be reviewed when making such a serious decision.

It is helpful for parents to have a plan in place that addresses how visitation will occur in the future. When the children are older, typically over age 12, they may be consulted regarding their wishes. This would be done by the judge, often in chambers. The courts always make sure that the children are protected and the decision will reflect that.

If you are considering making a move out of state, or your former spouse has requested to move with your child, you need help from a skilled legal team. Contact the Tampa divorce attorneys and family lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Three Valuable Lessons You Can Learn From Celebrity Divorces

Celebrities are in the limelight, but they are just like regular people when it comes to relationships. Many celebrity marriages end in divorce, and when they do the process may involve airing their dirty laundry in public. The reality is, relationships between celebrities are just as complex and difficult as those of average people. When celebrities divorce, you get to see a glimpse into some of the more ugly sides of divorce. And, indeed, you can learn a great deal by watching what happens in high-profile divorces so you can avoid the same problems.

Get a Prenup

It is estimated that only about three to five percent of couples get a prenuptial agreementbefore they marry. This can be one of the biggest mistakes you can make. Prenups aren’t just for the rich and famous. Virtually all couples can benefit greatly by putting a prenup in place. A premarital agreement details all of the major settlement terms of divorce. It is extremely helpful because couples will not have to argue over many of the small issues that can wreak havoc during a divorce. Instead, these matters will have already been ironed out. It is important to note, however, that you should always have a prenup reviewed by an attorney before signing it.

End Things the Right Way

Don’t move on until you have finalized this chapter of your life. The best divorces, if there are such things, are between partners who still have respect for one another. This can be difficult or impossible to do when one spouse moves on way too soon after the split. If you aren’t happy, you need to let your spouse know, and take steps to try to resolve the issues so you can be sure that you want to get divorced. Then, move on at an appropriate time.

Plan Properly

Many times, celebrity divorces seem to come out of nowhere. In reality, we know that there has likely been trouble brewing for quite a while. In Florida, as in other states, property acquired during the marriage is considered marital property and is therefore divided equitably between partners. Before pursuing a divorce, understand your finances, including information regarding your home. Children should be cared for by both parents, although they usually reside primarily with one parent. Review your pension plans, retirement accounts, bank accounts, and investments so that they can be evenly distributed.

How an Experienced Divorce Attorney Will Help

If you are new to divorce, as are most people, you may not know what to expect or how to proceed. You probably have a lot of questions and concerns about the divorce process. Seek out an experienced divorce attorney to guide you through the procedures. Your lawyer will answer all of your questions and put your mind at ease as you begin this new stage of life. Choosing an attorney with experience in family and divorce issues will allow you to leave the details to her while you concentrate on emotional healing for you and your family. If you are interested in pursuing a divorce from your spouse, contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Becoming a Better Parent

Parenting is never easy. Children don’t come with an instruction guide, yet parents are expected to instinctively know how to care for all of their children’s physical, emotional, and financial needs. Unfortunately, divorce can intensify the need for better parenting by both the mother and father. Kids need leadership now more than ever. Although the adults may not see eye to eye on the issues surrounding their split, they can each learn how to become better able to provide the stable support their children need.

Parenting Classes

Taking a parenting class is one of the best ways to improve your skills. After your divorce, you will need to learn new ways to parent with your former spouse. Children need to know that both parents are available to provide them with the nurturing and caring environment they need. Parents can take classes through various sources or they may be required to take a class through the court. Parents will learn valuable information about how to talk to their children about the divorce.

Counseling

Children, like adults, have to work through the changes that come as a result of divorce. Parents may not have the ability to assist children with these concerns, especially when they are working through their own emotional demands. For these reasons, counseling may be a good solution. A therapist or family counselor is a first step towards getting children to talk about their feelings. This will help them come to terms with the divorce. Children are remarkably resilient, but they may need some assistance in dealing with the very adult issues that are around them during a divorce.

Communication

Good communication is the key to all successful relationships, even with your children. Be careful not to discuss adult matters with children because this can give them anxiety and it involves them in a situation that they do not need to worry about. Instead, make sure that you maintain open communication with the children and answer any questions they may have as a result of the divorce. Kids often have very simple needs. They want to be assured that both of their parents still love them and will spend time with them, even if they don’t live together anymore.

Resolving Divorce Issues

Many various issues come up during the divorce process. These can evoke feelings of fear, anger, heartache, and guilt. Children often deal with these same emotions as they go through the changes that divorce brings. To keep everyone’s emotions at bay, try to resolve the major areas of concern with help from your divorce attorney. Head off any serious problem areas before they can become large disagreements. Your divorce lawyer is often able to help keep the divorce progressing along without any significant arguments. A more agreeable divorce will help to create a much happier resolution for the entire family as they move towards creating a new life. If you are about to go through a divorce, contact the Tampa divorce attorneys and bankruptcy lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Florida Divorce Modifications – How to Make Changes After a Divorce

Divorce can be a difficult process for families to go through. And, of course, there are many issues to review and resolve – many of which involve child custody and visitation. The finalized divorce will provide a court order that indicates the many terms of the divorce, including such things as division of assets and debts, alimony, child custody and parenting plans. Generally, these issues are settled during the divorce – but sometimes they may need to be revisited.

Reasons for Modifications

There are many reasons why a divorce order may require a modification. Sometimes the changes are granted and other times they are not. Generally, the change must be necessary and in the best interest of the child. In other words, making changes simply to satisfy the parent’s wishes are not usually considered necessary and may not be granted. Since children respond best to stability, especially after a divorce, big changes may not always be best for the child. If you are considering a modification request it is best to speak with a qualified divorce attorney to determine whether you have a legitimate request.

Modification Process

Modifications or changes to the divorce order must be made through the family court system. If you have a justifiable need for a modification you must request a hearing. At the hearing you must present evidence that justifies the need for the changes. In situations where the children were very young at the time of the divorce, the court will usually understand that some changes to the parenting arrangement may be required as the child grows and as the circumstances of the parents evolve. However, substantial changes must be proven necessary.

Parental Agreement

The hearing process allows both parents to provide evidence regarding the proposed request. In many cases, if your former spouse agrees to the changes there will be little to discuss with the judge. In some instances, however, parents are not in agreement as to the proposed changes. Both parents should have legal representation at the hearing to assist in providing evidence to support his or her position on the matter. If the child is now older, his or her desires may be taken into consideration as well. It is best to prepare well ahead of the hearing to ensure a smooth and fair outcome.

Fighting Modifications

Sometimes one parent proposes modifications that the other parent does not agree with. For example, one parent may wish to relocate and bring the child along. This would be a significant change to a shared parenting plan that may have been in place for years. While the parent who wishes to move will need to prove that this is in the best interest of the child, the other parent may need to provide evidence of the opposite. A custody challenge such as this one could arise at any time. Whether you need to make some changes to the divorce order or wish to fight a modification request, you will need the help of a skilled divorce attorney. Your lawyer will help you throughout the process and protect your rights. If you are in need of modifications, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Resolving a High Net Worth Divorce

Going through a divorce is never easy. However, it often becomes much more complex and difficult when the couple has a high net worth. A high net worth divorce is usually complicated because the parties may have many investments and other assets that need to be accounted for and possibly divided in the divorce process. In Florida, assets that the couple has accumulated during the marriage are generally considered marital property and, as such, must be distributed equitably between both people.

Asset Distribution

Married couples with a high net worth often have a large number of assets. Some of the most common assets include:

• Bank accounts;
• Money market accounts;
• Pensions;
• IRAs;
• Trusts;
• Stocks and bonds;
• Investments;
• Property;
• Marital home;
• Vacation property;
• Vehicles;
• Jewelry;
• Antiques;
• Artwork; and
• Furniture.

It is important to create a complete list of all assets that are owned together. In general, the value of the assets at the time the couple separates or when one of the party’s files for divorce may be used to determine value. In these types of complex cases it may be necessary to get appraisals completed. This is particularly helpful when the current value of an item is not known. For example, a work of art may need to be appraised to determine the current market price.

Finding Hidden Assets

Those involved in complicated divorces with a large number of assets may need help making sure that they are all uncovered. In some cases one spouse may have a hidden account or property that has not been disclosed to the other person. A specialist may be needed to assist in locating all assets of the couple, regardless of where they are located. It is important to realize that you should not hide assets as you begin the divorce process. These issues will likely surface and the situation could backfire. Always discuss your financial decisions with your attorney immediately in order to protect yourself and your assets.

Non-Marital Assets

There are few items that may not be considered marital assets. Anything that you owned prior to the marriage may be considered your property alone. Gifts that you received during the marriage may be yours to keep and are probably not considered marital property. The same goes for any inheritances that you received during the marriage. However, if you do have an asset that was acquired prior to marriage, as well as gifts and inheritances during marriage, the asset will stay non-marital if it is not comingled with your spouse.  For example, the asset would be considered comingled if you put your wife or husband’s name on a non-marital bank account or his or her name on a deed for non-marital real property.  Otherwise, money and assets that were obtained while you were married generally belong to both spouses, regardless of which person actually earned them. If you have questions about marital assets your attorney will be happy to review the situation and help answer them for you.

Divorce Settlement Terms

Divorce requires both parties to try to resolve and agree on the major settlement terms. These include issues of distribution of assets and allocation of debts, alimony, child support, and custody. When couples have been together a long time or have a high net worth they are likely to have quite a complicated situation. Even so, these are decisions that must be made. The best resolutions are those that are made with assistance from a qualified divorce attorney. A skilled lawyer will guide you through the process and ensure that your rights are protected so you achieve a fair settlement. To learn more about high net worth divorce contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Amicable Divorce is Possible

Divorce is never easy, though some people seem to breeze through it more unscathed than others. There are a lot of emotions packed into the relationship and these tend to seep out during the divorce process. The result can be a messy, difficult, or even tumultuous time period that may be difficult to get through. The best option, of course, is to try to resolve the divorce as amicably as possible. This is especially important for couples who have children because they need to transition to a new type of parenting situation. There are some tips for getting through a divorce with as few problems as possible.


Resolve the Big Issues First

It may be easier and less stressful to try to tackle the biggest or most difficult issues first. Both parties may be able to maintain a cordial relationship, especially at the beginning. Once things become more involved and emotions begin to run high, the couple may have more trouble trying to sort through even the most basic decisions. The more settlement terms you can agree with together the better, because this is the basis for a more harmonious situation.


Conscious Uncoupling

One of the most popular catch-phrases of divorce in the last couple of years is conscious uncoupling, and there is certainly more to this than just a name. This movement is a method of working on divorce as a growing experience and not as a blame-game. The root of this method is to look inside yourself for reasons and answers as to the situation and to use the divorce as a reason to improve yourself. While most couples will not go as far as to try the specific method of conscious uncoupling, they can try to look at the divorce as a stepping stone or transition to a new or better place.


Seek Help for the Rough Spots

It is important to realize when a rough spot is coming as soon as possible. If you know, for example, that there will be a disagreement over the house, make sure that you let your attorney know immediately. An experienced divorce lawyer will address the difficult situation in the best possible way while protecting your rights and respecting your position. The key to an amicable divorce is not to allow disagreements to get too far. If they do they will inevitably cause a breakdown in communications and the entire process will suffer as a result.


Guidance from Your Divorce Attorney

Divorce is a legal process and can be rather complex. It is essential to make sure that the decisions you make today are the best for you and your family both now and in the future. Your lawyer is your first and best choice for guiding you through the divorce process. Meet with your attorney as soon as possible and let your lawyer know what issues are most important to you. You should also indicate which areas could be contentious so that they can be addressed preemptively. If you have decided to divorce, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Bird Nesting – An Alternative for Harmonious Divorces

Bird nesting is a new buzz word making the rounds of modern-thinking parents across the country. Bird nesting isn’t new – but it is becoming more in the mainstream. A bird’s nest divorce is a parenting arrangement between parents that allows the children to remain in the family home while the parents take turns moving in and out. The family home is thus referred to as a “nest”, where children can feel safe, comfortable, and happy. The arrangement is best suited to parents who will be sharing parenting responsibilities as well as for those who are involved in a harmonious divorce.

Bird Nesting is Good for the Kids

Parents in a divorce are often trying to do what is best for the children while creating enough quality parenting time for both parents. According to some psychologists, bird nesting may be the best solution to provide children with the stability they need while their parents enter into a transitional phase. Kids in bird nest divorces are generally happier than those who must shuffle between two households.

It is easy to see why children may be less stressed by a bird nest divorce. They can keep their schedules, maintain friendships, and continue participation in their activities all as if nothing has changed. They stay in their regular bedrooms and have access to all of their toys. Indeed, it could be an ideal situation for the children. But what about the parents?

Parents and Bird Nesting

Parents may find it difficult if to participate in this situation. It will only work well if parents are otherwise able to participate in a timesharing arrangement. Both parents will need to agree to move in and out of the home at regular specified intervals. One of the common arrangements provides for one parent to stay in the home for three days and the other parent to stay for four days each week. Parents will need to maintain another residence outside of the family home. If finances are a concern parents could agree to rent a small studio apartment where they each stay while the other is in the home. Many of the actual logistics of the arrangement would need to be discussed in detail, but this is a situation that could, in fact, work for many parents.

After Bird Nesting Is Complete

A typical bird nesting arrangement provides for the home to be used as the nest until the youngest child is 18 years old. After this time period, the home may be purchased by one or the other parent or it may be sold and the parents will divide the profits. The family home basically continues to be owned by both spouses after the divorce and until such time as they agree to discontinue the arrangement.

This option may allow both parents to become more financially independent and thus able to more easily purchase the home. However, disputes could arise over which parent should be allowed to buy the other out. It is helpful if these details are worked out in advance and become part of the initial divorce agreement.

If you are divorcing you may want to learn more about bird nesting as well as other parenting options available to you. Contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Pets and Divorce

Our pets are a very important part of our families. For some, our pets are like our children. But what happens to our pets when we divorce? There are many people who feel that spouses should be awarded custody of pets in much the same way as child custody. As much as we may consider that our dog or cat is our baby, in the eyes of the law, pets are property. Generally, in Florida, divorcing couples are required to divide up their marital property in an equitable manner. This means that most likely your pet will be owned by just one party after the divorce is finalized.

Divorce Settlement Terms

As part of the divorce process, couples must resolve and come to an agreement of the main settlement terms. This includes such things as asset and debt division, child custody and visitation, and alimony. These issues need to be ironed out between couples prior to the finalization of the divorce. When couples cannot reach an agreement they may require help. The first line of assistance comes directly through your attorney, who will always work to protect your best interests and knows how to negotiate on your behalf.

Pets as Property

While pets are considered property under the law, there are some special considerations you can make to provide properly for your beloved animal. If the pet belonged to one partner prior to the marriage it technically belongs to that person and is not included in the property division. The same holds true if the pet was received by one person as a gift. However, if the pet was obtained by both people while they were married, the situation can seem unclear. The best situation is for both people to consider the needs of the animal when making the decision regarding who should retain possession.

Children and Pets

When children are involved the process of determining who will keep the pets can become more complex. Remember that the children may be attached to the pet and this should be considered when deciding where the pet should stay. Other things to think about when deciding which party should keep the pet include the space available and the time each person has available to spend caring for the pet. Additionally, there are costs associated with pet ownership. When a person owns the pet himself, these costs are usually his sole responsibility.

Pet Time Sharing

Child custody in Florida is also known as time sharing. Both parents are expected and entitled to spend time with their child. Since dogs and cats are not children, the same rules do not apply. But, pet parents can make special arrangements between each other that will allow them to share time with their pet. For example, the couple may agree that the pet will live primarily with one party but that the other has the opportunity to take the pet for several hours a week. These arrangements may seem like an agreeable solution but in practice may be quite tricky to pull off. There are both advantages and disadvantages to pet sharing after a divorce.

If you are considering divorce with pets, contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+

Avoid Making the Top Mistakes in a Divorce

Divorce can be a very emotional experience, but it is also a legal process. It is important that you keep this in mind while you navigate the waters of divorce. Some mistakes made during the process could have a devastating effect on your divorce settlement and may indeed impact your family’s life in the future. Make your divorce as easy as possible by avoiding these mistakes.

Saying Too Much

Divorce can take its toll on your attitude and some of the problems that occur can cause you to get angry. Anger and irritation are normal reactions, especially if the divorce has become acrimonious. While these emotions are certainly understandable, it is important to keep them in check. Avoid the temptation to vent on social media sites like Facebook or Twitter or in emails. Once you put it out there it cannot be taken back and it could actually be used against you in court.

Fighting

Fighting with your partner can only lead to disastrous results. Verbal arguments are never pretty and you could end up saying something you don’t mean. Arguments can even lead to domestic violence, especially if there were problems of this nature in the past.  Also, fighting in front of the children can be destructive to them and can lead to long-term emotional stress and scarring.

Alienating the Children

Children are not part of your problems, but they can get stuck in the middle. When children are forced to take sides with one parent over another the situation can have a negative impact on them. Further, they may come to resent or alienate one or even both parents after an ugly divorce.

Getting Revenge

All too often, one spouse is not ready for a divorce when the other one is. A nasty divorce can ensue and one party may even seek revenge on the other. If one party has seemingly moved on more quickly than expected, the other spouse can become hurt and may try to make the divorce more difficult. Keep in mind that a difficult divorce punishes all members of the family, even you and the children. As much as it may upset you, it is best for everyone’s sake that you take the high road to keep your divorce on track.

Turning to Drugs or Alcohol

Although you are going through a difficult time, no good will come from the overuse of alcohol or drugs. In fact, using these crutches can actually hurt you in a custody battle. Don’t give your spouse something that he or she can use against you in a divorce fight. If you have a history of drug or alcohol abuse talk to your attorney about getting tested voluntarily, something that can help you to maintain your parental rights during and after your marriage ends.

If you are going through a divorce it is wise to seek guidance from an experienced attorney. Your lawyer will review your situation, answer your questions, and help to keep you grounded during the process to make it as stress-free as possible. Contact the Tampa divorce attorneys and family law lawyers at All Family Law Group, P.A. in Tampa Bay at 813-816-2232 for a consultation at no charge or email us.

By Lynette Silon-Laguna Google+