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Miami Divorce Law Blog

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.

The role of a guardian ad litem in Florida child custody battles

During a child custody dispute, each parent usually has a representative supporting his or her side of the argument, but who will support the children's needs? There should be no dispute that children are in desperate need of support at such a difficult time. In the Miami-Dade region of Florida, courts often answer the call for child advocacy by appointing a guardian ad litem, or GAL, on behalf of minor children. When parents learn that a GAL will be working with their kids, they often fear the results of such court intervention.

You should know that a GAL's primary goal is to advocate for children caught in the midst of a child custody dispute or if the court becomes concerned that parents are putting their own issues above the children's welfare. guardians ad litem do not act as attorneys; rather their only interest is the child's best interests. To achieve their goals, a GAL is given whatever powers, responsibilities and privileges necessary to protect a child's best interests, including:

Tips to prepare for divorce and protect your finances

You and your spouse will divide marital assets during divorce proceedings. Whether you are the higher earning spouse or not, this can be a difficult time. We recommend the following financial tips to prepare for divorce.

Get your paperwork organized

During a divorce, you need to prove all marital assets. Getting your paperwork organized ahead of time can reduce stress, decrease the likelihood a spouse will try to hide assets and bring transparency to divorce proceedings. Gather all bank statements, tax documents, credit card statements, investment account statements and retirement account balances. Consider getting valuable items appraised. Make copies of everything so you have your own personal set of documents.

Things you should know about a Florida divorce

Whether you are suddenly blindsided by the prospect of divorce or it has been a long time coming, leaving yourself vulnerable during the process is unwise. Preparation of both a personal and legal nature is essential to emerge from the divorce as whole a person as possible.

At Pacheco Perez, we believe an educated client has a better chance of leaving a marriage with his or her rights and interests intact. As such, we want to inform you about some of the often unexpected aspects of getting a divorce.

What are the main benefits of a prenuptial agreement?

Believe it or not, prenuptial agreements can often prevent future conflict between married couples if drafted carefully. This is probably one of the top benefits of putting these documents into place. When approached with thoughtfulness on the part of each spouse, they can go a long way towards preventing problems. A prenuptial agreement can also offer a predetermined solution if conflict does occur.

Good prenuptial agreements create specific terms regarding the property rights of each spouse. Commonly-known for their use by the wealthy, prenups can also protect average citizens and are not just for those with great wealth. Here are a few of the benefits a prenuptial agreement can offer to married couples:

Protection from domestic violence through attorney representation

Domestic violence can take many forms, each of them causing life-changing damage to the victim. Some abusive behaviors result in physical damage, which is bad enough on its own. However, other forms of abuse cause even more insidious damage to victims by altering how they view themselves. Typically, this results in low self-esteem, chronic anxiety, depression and other symptoms.

The term domestic violence means any type of abusive or violent behaviors perpetrated on a person in a domestic situation. For example if a husband or wife assaults or intimidates his or her spouse, this is domestic violence. Alternatively, if a domestic partner emotionally abuses the other partner, this is also domestic violence.

Experts say children should pick their own homes

When you go into a child custody battle, you may think that it's you against your spouse; you want the child to live with you, while your spouse wants the child to live with him or her. You are prepared to fight for your rights as a parent, and you're probably thinking about ways to show that you would provide a better home than your spouse-who will soon be your ex.

While it's understandable to think of it this way, many experts agree that this ignores the most important person in the discussion: the child. They say that it's actually best for children to decide where they are going to live on their own.

How is domestic violence defined?

Many people may think that a severe physical assault has to occur for an incident to be considered domestic violence. While it is true that these types of situations occur, there are other behaviors and actions that can also fall under Florida's domestic violence laws. Understanding how domestic violence is defined and dealt with in the state of Florida is an important first step for both victims and those who stand accused.

The relationship between the two parties is one of the most important factors when it comes to determining if an incident qualifies as domestic violence. In Florida, domestic violence can occur between spouses, ex-spouses, parents who are not and have never been married, and relatives by blood or marriage.

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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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