Tools to Help Domestic Violence Victims Escape their Marriages

Domestic Violence

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  • Schism and Skew: Common Marital Disasters

    In every marriage, there comes a time when both people must face certain positive and negative aspects of their relationship. Excluding perhaps an incredibly limited minority of individuals, nobody makes it through life without changing or hitting bumps along the way. Marriage is tough. But when do those bumps become blocks? Divorce lawyers commonly see a variety of marital struggles when advising clients. Some are serious and some are not. When it comes to the children, Florida courts primarily focus on what is in the best interests of the child to determine custody matters. However, there are two little known marital conditions that can subtly destroy any marriage. For those who identify with either condition, it may be worth discussing the matter with a trusted…

  • How is Child Support Calculated?

    Child support is the money paid from one parent to the other to cover the expenses that come with raising a child, such as the need for a home with enough space for the child, utilities for that home, food and household items, and the child’s needs like clothing and school supplies. The court uses a formula that considers the number of children to be supported, each parent’s income, and the amount of time the children spend with each parent to determine an appropriate child support amount to require.  In some cases, special circumstances like a child’s medical needs may be considered, causing the amount of child support ordered to deviate five percent or more or less from the amount that would be ordered for…

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

    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…

  • Shades of Gray: When it’s Time to Walk Away

    A couple years ago, National Public Radio (NPR) did a revealing report on a trend known as gray divorce. This is what people are calling divorces that happen late in life. As the report illustrated divorce rates among seniors have doubled in the last 20 years. Research between 1990 and 2010 shows that the same generation that changed all the rules in the 60s is now changing all the rules again. In 2010 alone, one out of four divorces involved a couple over 50 years of age. Here in Florida, a state with a large number of retired seniors, this has become a clear departure from the past. Increasingly, seniors who previously would have been seeking estate-planning advice are now talking to their Florida divorce…

  • Military Divorces

    When one or both members of a couple are members of the United States military, there are special considerations the couple must make if they choose to divorce. These considerations include when and where to file for divorce and how to divide military benefits. If you are considering filing for divorce, speak with an experienced divorce lawyer to discuss any special considerations you will have to make because of your or your spouse’s position as a service member and any other factors that may be present. How are Military Divorces Different from Civilian Divorces? At their core, military divorces have many similarities to civilian divorces. A married couple’s assets must be divided fairly between them and if the couple has children, a suitable, sustainable timesharing…

  • Asset Division: Deciding Who Gets What

    By far the most complex part of any divorce is usually asset division. While Florida is an equitable distribution state, which means that the couple’s assets will be divided according to fairness rather than a strict 50-50 split, it can be difficult even within the equitable framework to decide who gets what, and which asset may offset the value of another. There is no set formula, but there are some rules of thumb. Starting From Equal Unlike many other states, Florida law on asset division starts from a somewhat unique place. While the state uses equitable distribution theory, Sec. 61.075 states that a court’s division of assets will begin from the premise that “distribution should be equal, unless there is a justification” for altering it….