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Monthly Archives: May 2019

Alimony Modification

How To Modify Alimony After A Divorce

By Sean Smallwood |

One very common issue in divorce cases in Orlando Florida is where one of the parties seeks alimony payments from the other. What most people do not understand is that in most cases alimony is subject to modification down the road after the divorce is finalized. For that reason, it is very important to… Read More »

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Orlando divorce attorney

What Does It Mean That Florida Is A No-Fault Divorce State?

By Sean Smallwood |

One common question that divorce attorneys in Orlando Florida receive from their clients is regarding the difference between no-fault and fault divorce States and which one of these Florida is. Florida is a no-fault divorce state which is commonly known among attorneys, however, the actual definition of this can be quite complex to explain…. Read More »

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Petition for divorce

What Is A Petition For Divorce And What Does My Attorney Need To Include In It?

By Sean Smallwood |

The first and most important foundational step in any dissolution of marriage is to map out and prepare the petition for dissolution of marriage. The petition for divorce is the main legal document that someone uses to file for divorce. The petition will contain all of the items which that person is seeking in… Read More »

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Financial Affidavits in divorce-min

The All-Important Divorce Financial Affidavit

By Sean Smallwood |

Anytime two people are going through a divorce in Orlando Florida one of the first documents that their Orlando divorce lawyer will ask them to complete will be a financial affidavit. A financial affidavit is the most basic and necessary piece of financial discovery that is exchanged in a divorce case and is mandatory… Read More »

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Father standing apart from family

5 Ways to Look at Father’s Rights in Florida

By Sean Smallwood |

Families come in many different shapes and sizes; recent news stories and personal essays on news sites highlight this.  As Father’s Day approaches, it is obvious to fathers throughout Florida, as well as to their children, that most relationships between fathers and children do not conform to the idealized image that greeting card companies… Read More »

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paternity lawyer sean smallwood

Parker v. Parker, Paternity Fraud, and the Meaning of Fatherhood in Florida

By Sean Smallwood |

Finding out after years of marriage that your wife cheated and that you are not the biological father of your children is a father’s nightmare. Finding out that, despite all of the above, you are still obligated to pay child support for the children you did not beget is something Kafka would have likely… Read More »

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alimony lawyer

Lump Sum Alimony Can Help Reduce Conflict During a Divorce

By Sean Smallwood |

Unless you are trying to negotiate the terms of your divorce, it probably has never mattered to you that Florida has a whopping six types of alimony.  If your divorce lawyer tells you that you will probably have to pay some type of alimony to your ex before or after your divorce is finalized,… Read More »

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Parenting Plans in family law and child custody

What is a Parenting Plan and Why do Family Lawyers Use Them?

By Sean Smallwood |

Whenever an Orlando family law attorney is engaged in litigation that involves child custody issues, he or she will spend a great deal of time contemplating what terms are to be negotiated and placed into a parenting plan. A parenting plan is a written instruction manual that addresses nearly every aspect of the parenting… Read More »

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divide a business in divorce

Dividing a Marital Business in a Divorce

By Sean Smallwood |

It is fairly common knowledge among divorce attorneys in Orlando Florida that any asset that is accumulated during a marriage is subject to equitable distribution if and when the parties decide to seek a divorce. What is not as easily understood is how to treat a business that was opened by one of the… Read More »

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family law parental responsibility

What is Shared Parental Responsibility in Family Law?

By Sean Smallwood |

In Florida when a family law attorney is assisting his client in developing a parenting plan that will govern the time-sharing over the children involved in the case one of the main items that will need to be addressed as that of parental responsibility. Parental responsibility is a portion of Florida family law that… Read More »

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divorce mediation divorce

The Benefits of Using Divorce Mediation

By Sean Smallwood |

In the state of Florida, any time a divorce action has any issues that are contested the case must go to a mandatory settlement conference known as mediation. The mediation is an official court appointment where the lawyers and their clients sit down with the assistance of a Florida Supreme Court certified divorce mediator… Read More »

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Florida Parenting Plans Help Unmarried Parents Stop Drama Before it Starts

By Sean Smallwood |

The only thing worse than arguing with your spouse about when and where to spend time with your children or about decisions your spouse makes about the children’s behavior or expenditures is having these same arguments with your former spouse.  People who have children together, even if they are no longer married to each… Read More »

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divorce mediation -min

Florida Family Mediation Enables Couples to Control the Outcome of Their Divorce

By Sean Smallwood |

The divorce cases in the tabloids go to trial, but that does not mean that yours will.  Likewise, the simple, painless divorce in which you and your spouse simply file forms, sign a court-issued divorce decree, and find yourselves single again is not an option for everyone.  What do you do if your divorce… Read More »

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dealing with the house in divorce

Why You May Not Want to Keep The House In Your Divorce

By Sean Smallwood |

In dissolution of marriage cases in Orlando Florida, one of the core legal issues that need to be addressed by the divorce attorneys is that of dividing the assets that were accumulated during the years of the marriage. The most common asset that needs to be divided in divorce cases is the marital home…. Read More »

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GAL use in family law

What Is A Guardian Ad Litem and Why Would I Need One for My Family Law Case?

By Sean Smallwood |

When a family law case involves child custody issues it is not uncommon for the case to consist of a great deal of “he said, she said”. This can make it very hard for Orlando, FL family lawyers and the Courts to determine whose version of the events is true especially when both mom… Read More »

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debts in divorce

Does Florida Law Consider Debts Marital Property?

By Sean Smallwood |

As the cost of postsecondary education increases, and as more employers expect or require new employees to have a bachelor’s degree or another kind of education beyond high school, more Americans than ever before carrying student loan debt.  In fact, it is not hard to find predictions that the “student loan bubble” could be… Read More »

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