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Miami Divorce Law Blog

Basic steps for getting child support

If you feel that you should be receiving child support, it's important that you do whatever it takes to make this happen. With each passing day, your financial situation may become worse because your child's other parent is dodging his or her financial responsibilities.

Fortunately, there are a few basic steps in Miami that you can follow for getting child support:

How will you ask for a divorce?

If divorce is on your mind, it will only be a matter of time before you attempt to discuss this with your spouse. While you never know what will happen next, there are steps you can take to prepare yourself for anything and everything.

First things first, make sure you have an idea of what you want to say. There will be a lot running through your mind, so rehearsing in advance never hurts.

Tips for co-parenting with your ex

It can be hard enough for two married people to parent a child. After divorce, co-parenting with your former partner can be thorny. Follow these tips on how to cope with common co-parenting issues for the good of your children.

Badmouthing the ex

When you badmouth your ex (or vice versa), it affects your children. Children see parents as extensions of themselves, so if your ex is bad, your kids will assume some part of them is bad, too. Save the spouse bashing for your friends (or a therapist) and try to work any issues out directly with your ex. Around the children, keep negative opinions to yourself. If your ex badmouths you and you keep things clean, your kids will naturally take your side and avoid the drama.

Credit card debt and divorce

As you go through the divorce process, you understand that you are leaving your relationship in the past. But what you may not realize is that the division of assets and debts is much more complicated than it appears.

While most people focus on the division of property, they overlook the fact that debt must be divided as well. For many, this means credit card debt.

How to know if divorce is right for you

At some point, the word "divorce" may begin to creep into your mind. This isn't something you want to think about, but it could be an idea to consider if your marriage is no longer working.

Of course, there is no way of knowing for sure if divorce is the right choice for you at the present time. You need to take a strong look at your relationship, as well as your other options, to decide what to do next.

Do you know the benefits of a prenuptial agreement?

If marriage is on the horizon in Miami, now is the time to think about a prenuptial agreement.

Of course, this isn't something you can create on your own without input from your soon to be spouse. Instead, you need to discuss this legal matter in great detail. This is the only way to ensure that the both of you are on the same page.

How does divorce impact getting a mortgage?

Alimony and prenuptial agreements are not on your mind when you are buying a new home. However, these are definitely factors that a mortgage company or bank will consider when you apply for a loan as they are a part of your overall financial picture.

You can take steps to put yourself in a better position to buy a home even if you are in the process of getting divorced. It is important to understand how alimony, prenuptial agreements and other issues may impact your ability to get a mortgage.

The evolution of how the law views domestic violence

It has often been postulated in films and writings that at one time domestic violence against women was not a serious matter. We see it in movies representing a different time in the world, we read about it in novels and we see evidence in the writings of authorities on the subject. Once, domestic violence, particularly against women, was accepted as a "natural expression of male dominance." Fortunately, humans have evolved into a more aware species with most of us understanding and agreeing that violence is never acceptable.

As people have evolved, the remedies against domestic violence offered by the justice system have evolved as well. Now, the law takes a much more serious-minded approach to such violence. Attempts at law reform addressing domestic violence have increased over the years as evidenced by this paper for the Battered Women's Justice Project.

What types of spousal support are available in Florida?

If you reside in Florida and are getting prepared to divorce, spousal support may be available to you. Often, support of this nature is vital to a spouse who is ending a long-term marriage. This is especially so for a spouse who remained in the home while the other spouse built a career.

Florida offers several different types of spousal support in order to meet the needs of a wide variety of people. The type of alimony, if any, you are awarded will depend upon a variety of factors. Some of these include the length of the marriage, age, physical and emotional health and income-earning capacity, just to name a few.

Florida property division, ensure your inheritance remains yours

When couples marry, they rarely anticipate that they will one day be divorcing. However, as most Florida residents know, divorce can strike anyone. Florida is an equitable distribution state in which courts are guided by the principle of equity during property division matters. This means that marital property is divided fairly, but not necessarily equally. Fortunately, inheritances are usually considered as belonging to the person who received the inheritance, with the emphasis on usually.

Under equitable distribution laws, an inheritance is considered separate property and may be exempt from the property division process. However, it is up to the beneficiary of an inheritance to make sure these assets remain separate property. In many states, commingling is the key factor that could turn separate property into marital property, thus making it eligible for property division. Regardless of whether the inheritance was received before or after marriage, the beneficiary should take steps to avoid commingling these funds with marital funds.

Contact Our Miami Divorce Lawyers — Let Us Evaluate Your Legal Matter

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From our law offices in Miami, Florida, we represent clients in North Miami, Miami-Dade County and throughout the South Beach area.

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