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July 2015 Archives

Pretrial procedures: A motion for continuance

In complicated divorce cases, it's possible that a hearing date may need to be postponed for various reasons. Some of these include if a lawyer who has been recently retained to represent one party needs more time to prepare and get familiar with the case or if there is an issue getting a witness or certain evidence ready for the hearing. Usually, your lawyer will let you know if you need to file a motion for continuance and what that entails, but it can be helpful to understand the procedures.

What are some common mistakes to avoid in my divorce?

A divorce can fundamentally alter the lives of both spouses in several unexpected ways. A good example of this might be spouses who are not native residents of Florida and decide to return to their home states after their divorces. This can be especially problematic if those couples also share children together. Another example of how a divorce can affect you in strange ways is not having a full understanding of your marital wealth. A spouse that is purposely concealing assets from you can prevent you from getting an equitable distribution of the marital estate. Having an attorney that knows what to look for might have lasting benefits with regards to child support and alimony.

Preventing domestic violence from derailing your divorce

Domestic violence is destructive for spouses forced to endure it and it unnecessarily hinders the proper development of any children who may also be involved. Sadly, we previously wrote about how wide-ranging incidents of domestic violence are throughout the country. It's estimated that as many as 25 percent of all women and 10 percent of men have experienced incidents of domestic violence. It's important to know that those numbers are probably actually higher due to the fact that many victims simply do not report violence conducted against them.

What can happen if I don't have a prenup?

Understanding what a prenup can do for you is important to deciding whether this option is a good choice for your situation. However, it is equally important to understand what may happen in your divorce if you do not have a prenup or the court sets it aside during the divorce process.

Actress Hallie Berry seeking modification of child support order

On July 14, popular television and movie actress Hallie Berry was in court seeking to reduce her monthly child support payments to her ex-boyfriend. An attorney for the 48-year-old actress appeared with Berry in a Los Angeles County, California, courtroom to ask a judge to reconsider a prior child support order. That order required the actress to pay her ex-boyfriend $16,000 per month to offset his costs for taking care of the couple's 7-year-old daughter.

Substance abuse and child custody

While many parents joke about their love of wine, substance abuse is a real problem that affects many. If you or your soon-to-be-ex has an issue with drugs or alcohol, it can have a significant impact on the outcome of any custody disputes or changes in visitation. Whether you are being accused of having a substance abuse problem or you are worried about the safety of your children when they are with the other parent due to a drug or alcohol issue, understanding how this can affect custody and visitation is important.

What are the reasons for a child support deviation?

While the determination of child support is often referred to as "just a formula," this isn't entirely true. While the state of Florida does have a worksheet that takes the parents' income and other factors and calculates the required amount of child support, there are several reasons why the child support ordered is not the same as the worksheet amount. When this happens, it is called a deviation.

When divorce divides things with sentimental meanings

If you are currently contemplating divorce, you need to know that Florida is considered an "equitable distribution" state. This means that family court judges will attempt to oversee the division of property between divorcing spouses in a manner that is as fair as possible to both parties. This is important to know because some divorcing spouses confuse the meaning of "equitable" as meaning "equal". Although these words may seem similar, they often do not produce similar outcomes when it comes to dividing up a marital estate.

How does domestic violence impact children?

Domestic violence impacts everyone in and close to the situation, but children are the least equipped to understand and deal with domestic violence in a healthy way. Even if the children are not directly being abused, it can have a lifelong impact on their mental and emotional health.

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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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