Orlando Divorce Lawyer

  • Classifying Marital and Nonmarital Property

    ByGoodblatt • Leo Hours Categories Division of Assets, Divorce

    When a married couple gets divorced in the Orlando area, part of the divorce process involves property division or property distribution. This is a process in which the court divides marital assets and liabilities according to a theory known as equitable distribution. When property is distributed equitably, it is divided between the parties in a manner that is fair to both of them based on a variety of factors outlined in the Florida Statutes (Fla. Stat. § 61.075). While the equitable distribution usually means that property is divided equally between the parties, it is important to recognize that equitable does not mean equal. But how do Florida courts even determine what property is subject to distribution? Unless the parties agree to a property settlement, the…

  • Do I Still Have to Pay Alimony if I File for Bankruptcy?

    ByGoodblatt • Leo Hours Categories Alimony, Bankruptcy, Divorce

    If you have an alimony order, you are familiar with the financial pressure it can put on you each month, especially when you are also dealing with personal debt. Though it can be tempting to just ignore your alimony order or pay less than you are required to pay, do not give into this temptation. When you have an alimony order in place, you are legally required to make your payments. Filing for bankruptcy will not terminate your alimony order. Understanding What the Automatic Stay Stops and Does Not Stop When you file for bankruptcy, the automatic stay goes into effect. This is an automatic order that stops all creditors’ collection attempts, basically pausing your responsibility to repay your debts. However, it does not stop…

  • How Does a Divorce Settlement Affect a Chapter 13 Bankruptcy?

    ByGoodblatt • Leo Hours Categories Bankruptcy, Divorce

    There are many ways your divorce settlement can affect your Chapter 13 bankruptcy and vice versa.  Completing Chapter 13 bankruptcy is a lengthy process, typically taking three to five years to complete. During this time, many aspects of your life may change, including a possibility of divorce. If you are working through Chapter 13 and considering divorce, or if you are going through a divorce proceeding and are considering filing for bankruptcy, talk to your bankruptcy lawyer about the specific ways you can expect the divorce to affect your bankruptcy. Below are a few general ways bankruptcy intersects with divorce when one spouse files for Chapter 13 bankruptcy on his or her own. The Divorce Court Cannot Divide Assets in the Bankruptcy Estate When you…

  • Calculating a Spouse’s Interest in Premarital Assets After Years of Marriage

    ByGoodblatt • Leo Hours Categories Division of Assets, Divorce

    When a married couple decides to file for divorce in Florida, they should be prepared for the division of marital property. Under Florida law (Fla. Stat. § 61.075), marital property is divided in Florida according to a theory known as equitable distribution. When property is distributed equitably, it is distributed (or divided) in a manner that is fair to both parties but is not necessarily equal. In many cases, the court might decide that equal distribution would be fair or equitable, but sometimes that is not the case. Marital property that is subject to division includes both marital assets and liabilities, meaning that property of value as well as debts from the marriage are distributed between the parties. Property distribution in general can be quite…

  • Issues Surrounding the Division of the Marital Home in Divorce

    ByGoodblatt • Leo Hours Categories Division of Assets, Divorce, Family Law

    How to address whether to keep or sell the family home in the wake of divorce is a looming issue for a lot of couples, since the house is often the largest tangible asset they own. There is also the issue of a child’s attachment to the home for security, community and school purposes that can complicate selling the property and splitting the proceeds. Florida follows the equitable division model when distributing marital property in divorce, which says the court will award property according to what is most just, though there is a presumption the marital estate should be divided equally. Often, the family home is titled in the names of both spouses, and both are responsible for any outstanding mortgage on the property. Whether…

  • Understanding the Nuances of Military Divorce

    ByGoodblatt • Leo Hours Categories Divorce, Military Divorce

    All married couples face the possibility of divorce, but the rate of divorce among military personnel, particularly those deployed on active duty, is significantly higher. A report issued in the summer of 2017 indicated that military workers took three of the top ten spots for careers most likely to divorce, which means military personnel and their spouses are generally more in need of information about divorce, given this higher rate of occurrence. Divorce is complicated by the sensitive nature of the issues involved, but divorce among members of the military has additional complexities from special rules that apply exclusively to them. The principal areas in which military divorce diverges from the standard divorce process among civilians is: the division of retirement benefits, the retention of…

  • An Illegal Marriage and How It Affects Your Rights during Divorce

    ByGoodblatt • Leo Hours Categories Divorce, Family Law

    As most people are aware, marriage is a prerequisite to filing for divorce. Without the existence of a legal marriage, a court does not have the power to resolve the issues typically associated with a breakup, i.e., child custody, support, alimony, etc. While the issue of the validity of a marriage is rarely a question for most couples, the current law on the issuance of marriage licenses leaves holes open to the marriage of very young girls, as it eliminates the normal age restrictions if the girl is pregnant at the time a request for a marriage license is filed. This has led to the marriage of very young girls, and the Florida Senate is currently considering a bill that would close this loophole by…

  • Tools to Help Domestic Violence Victims Escape their Marriages

    ByGoodblatt • Leo Hours Categories Divorce, Domestic Violence

    There are many reasons to leave a marriage. One of these is domestic violence.. Domestic violence takes many forms, but it always has the same goal: to control one’s partner. If you feel you are facing domestic violence in your marriage, make use of the resources available to you to in order to protect yourself. Then, start working with a lawyer to begin the divorce process. Domestic Violence Victims Shelters If you cannot get yourself to a friend or relative’s home safely, domestic violence shelters are always an option. In fact, a domestic violence shelter like Harbor House could be a better option than staying with a loved one or in a hotel because they offer many resources, including access to emergency medical services, legal…

  • When Divorce is On the Table, Consider Strategies to Save your Marriage

    ByGoodblatt • Leo Hours Categories Divorce

    Sometimes, couples in difficult marriages try to ignore their problems because they feel that acknowledging them means they are headed for divorce. However, refusing to acknowledge the difficulties in your marriage can lead to divorce because it allows these problems to escalate and weigh on your relationship with your spouse, sometimes to the point where you cannot save the marriage. When you feel unhappy in your marriage, you should talk to your spouse about getting help. You are a team and if you want to save your marriage from divorce, you need to work together. Marriage Counseling Can Help you Work Through your Problems Marriage counseling can be a useful tool for couples who cannot effectively recognize and manage the difficulties in their marriages on…

  • How Can I Convince my Spouse that Collaborative Divorce is the Way to Go?

    ByGoodblatt • Leo Hours Categories Collaborative Divorce, Divorce

    Your goal should not be to “convince” your spouse to agree to  a collaborative divorce. Do not think of it as a winning vs. losing proposition where you need to persuade your spouse to your way of thinking – this is not the basis of a healthy collaborative divorce. Rather, you should approach this from a standpoint of providing your spouse with information which would lead him or her to recognize that a collaborative divorce can be beneficial for you both. Present your Spouse with the Facts About Collaborative Divorce Your spouse might initially be opposed to a collaborative divorce because he or she does not understand the process or its benefits. The best way to help your spouse make an informed decision is to…