Author Archives: Sean Smallwood
How to File an Emergency Custody Order in Florida
TL;DR Emergency custody in Florida is only granted in cases of immediate danger, abuse, abandonment, or risk of a child being taken out of state. Courts offer two types of motions: rare ex-parte motions (without notifying the other parent) and regular emergency motions with notice. Judges make quick decisions based on well-prepared motions, often… Read More »
Fighting Over the House in Divorce: What You Need To Know
But I Can Afford The Mortgage Payments After The Divorce Is Over! As a divorce attorney, I see it all the time – couples who fight over the house in the divorce proceedings in Orlando, FL. However, what many fail to realize is that, in most cases, they either can’t afford to keep… Read More »
Four Ways to Make Dealing with an Impossible Ex-Spouse More Bearable
Your children are the best thing that ever happened to you, but the amount of unhappiness your ex-spouse causes you is nearly equal to the happiness your children bring. This year, you made a New Year’s resolution not to let your ex get under your skin anymore, but you made the same resolution last… Read More »
How Do Stimulus Checks Get Divided In Divorce?
In light of the COVID 19 pandemic one issue that comes up in nearly every divorce case is that of the federal government stimulus checks and how they are to be addressed in the divorce. This leaves many people asking How Do Stimulus Checks Get Divided In Divorce?” Figuring out how to properly handle… Read More »
Can I Still Get Divorced In Orlando if My Spouse Will Not Sign The Papers?
One issue that divorce lawyers in Orlando Florida, deal with occasionally is the situation where one party wants to get a divorce, but the other party does not want the marriage to end. This can be a very sensitive situation and divorce attorneys in Florida need to be delicate in how they approach the… Read More »
How Long Do Divorces Take in Orlando Florida?
One common question that we receive on an almost daily basis at our Orlando divorce law firm is how long the divorce process is expected to take for our clients. The truth is that there is no simple answer to this question. This is because the length of time a divorce will take in… Read More »
What If I Cannot Afford a Collaborative Divorce in Orlando Florida?
One of the newer types of divorce alternatives that are available to divorcing couples is the collaborative divorce process. A collaborative divorce is one where the parties to the case agree that they will reach a settlement without going to court. The collaborative agreement goes so far as to declare that in the event… Read More »
If You Want An Uncontested Divorce, Then Ask The Right Questions
Divorce is a very difficult life event to deal with. This is made significantly more traumatic when the parties to the case cannot agree on major legal issues in the case. For this reason, it is important to use your most diligent efforts to obtain an uncontested divorce whenever possible. An uncontested divorce occurs… Read More »
How to Avoid Conflict Over Children’s Medical Treatment After Divorce
Imagine that your teen daughter goes to visit your aunt during spring break, and when you turn on your phone after work one day, you find a text from your daughter saying that she has just been to see a doctor. Would you be upset that your aunt took your daughter to a doctor… Read More »
How Will Filing for Bankruptcy Affect Your Child Support Obligations In Divorce?
Watching your unpaid child support obligations pile up as you are less and less able to afford them can be truly demoralizing. The judge might treat you like you are not serious about parenting when your financial struggles have nothing to do with your level of commitment to your children. Your ex might antagonize… Read More »
Where is the Dividing Line Between Marital Debt and Marital Misconduct?
Debt has ruined the marriages of many couples, including some who had every intention of honoring their wedding vow to stay together for richer or for poorer. Sometimes the constant stress of having to decide, on every payday, whether to pay for groceries or utilities, while the debts just keep getting bigger even as… Read More »
Can You Get Permanent Alimony if You are Still Young in Divorce in Orlando FL?
Increasingly, the family courts in Florida see alimony as a last resort. Equitable distribution is the governing principle in dividing a couple’s property when the marriage is dissolved because it means that each spouse gets a fair share of the return on the investments they made during their lives together. If the wife was… Read More »
Courts Can Deny Custody To A Biological Father If Their Child Was Born In An Intact Marriage
It is unsettling to find out that your biological father is someone other than the man you have called “Dad” your whole life. The best-case scenario in which this can happen is when the parents who raised you reveal this fact to you calmly and assure you that they are only telling you this… Read More »
Imputed Income In Florida Divorce Does Not Have to be Your Enemy
You might think that “imputed income” is a dirty word, especially if the court calculated your alimony and child support obligations by assuming that you make more money than you actually do. In fact, imputed income has been a sticking point in many divorce cases. Maybe the court imputed too little income to your… Read More »
Disagreements Over Financial Support for Adult Children in Orlando Divorce
Even when you are generally happily married, disagreements about parent-child relationships can lead to hurt feelings. It is easy for your spouse to vent jealousy by taking cheap shots about you trying to turn your child into a mama’s boy or a daddy’s girl. Then there are the disagreements about specific incidents and issues… Read More »
Sabotaging Your Income to Reduce Alimony is a Terrible Idea In Orlando Florida Divorce
Finding out how much of your money will immediately go to bills and debt payments is enough to make your good mood on payday short-lived. Many people employ the questionable personal finance tactic of earning less in order to pay less, or at least appearing to earn less. Certainly, no one can blame restaurant… Read More »
Should I Use A Guardian Ad Litem In My Florida Divorce?
When divorcing parents disagree fundamentally about a child custody issues a guardian ad litem can help. The disagreement can be about just about anything. Daycare or having a family member babysit? The Ferber method or an endless supply of cuddles? Public school or religious private school? Summer camp or academic summer program? What are… Read More »
How Are Retirement Accounts Divided in Divorce in Florida?
Anytime a married couple gets divorced in Florida they must deal with certain property issues which may require the help of a property division attorney in Orlando. One of the more common property division issues that divorce lawyers in Orlando Florida contend with is that of dividing retirement accounts. The most common types of… Read More »
The Strategy Guide to Florida Divorces Involving Child Custody
Any time a married couple who has children under the age of 18 decides to get divorced they will need to address child custody issues in their case. These are situations that involve a great deal of knowledge of the law and should only be finalized with the assistance of a skilled Orlando divorce… Read More »
The Complete Guide To Filing For Divorce In Florida
My name is Sean Smallwood, and I am an Orlando divorce attorney who has been practicing family and marital law for about a decade. I understand that whether you are a newer attorney or someone who intends to represent themselves in a divorce matter the information in this guide will assist you in the… Read More »
How to Set Aside A Prenuptial Agreement In Florida
As Orlando FL divorce attorneys, we very regularly hear our clients tell us that they wish they had gotten a prenup before they got married. However, a prenup does not always mean that their assets would have been protected. This is because prenuptial agreements in Florida have very specific rules that must be followed… Read More »
How To Make Sure Your Divorce Goes Uncontested
I have been a divorce attorney for a long time now and in all my years I have witnessed just about every type of argument or allegations that you can possibly imagine. I have heard people accuse their spouse of being alcoholic, violent, having anger management issues, allegations of molesting the kids, and even… Read More »
How To Modify A Child Custody Parenting Plan In Florida
One of the most common types of cases that people contact our office regarding is that of modifying a parenting plan. The parenting plan is a court-ordered document that spells out all aspects of a child custody arrangement including timesharing, parental responsibility, access to school and medical records for the child, holiday schedules, school… Read More »
The Three Most Common Mistakes Made in Divorce Separations
One of the most difficult parts of the divorce process in Florida is the actual separation. The process of transitioning from a single-family unit with one set of bills, bank accounts, and routines to separate households can be downright traumatic. What can make matters even worse is when the parties to the divorce were living… Read More »
How The Coronavirus COVID-19 Outbreak Affect Child Custody Arrangements?
Amid the recent outbreak of coronavirus in the United States several states have issued mandatory stay at home orders and some are calling for the mandatory shutdown of any non-life saving businesses in order to slow down the spread of the virus. One big concern that is not yet receiving much attention in the… Read More »
Should I Wait Until After the Coronavirus Outbreak to File For Divorce?
At this moment pretty much everybody on planet Earth is well aware of the coronavirus also known as COVID 19 and the effects that it is having on the world and the world’s economies. With millions of people suddenly out of work due to the massive shutdowns of certain industries many people are wondering… Read More »
What To Do If The Lawyers Are The Only Ones Fighting
In this video, I answer the question “what should I do if the divorce lawyers are the only ones fighting in my case?” This is actually more common than you may think. It’s a situation where you and your spouse may be getting along pretty well and are possibly agreeing on many of… Read More »
Should I Get Divorced?
In this video, I’m going to speak for a few moments regarding a serious topic that very few, if any, divorce attorneys are actually taking the time to discuss with their clients. That is whether or not the person sitting in their office is sure that they should even be getting divorced in… Read More »
How to Hold Someone in Contempt of a Divorce Agreement in Florida
After the dust settles from an initial divorce action the parties will have a final judgment that operates as a court order dictating the details of the resolution of their case. In some cases, that is where the really difficult work begins This is because usually one of the parties is not happy with… Read More »
How to Deal With Parental Alienation in Divorce
If You Are Faced With Parental Alienation, Here is What You Need to Know One very common and very sad fact about the dissolution of marriage process that divorce attorneys in Orlando Florida are forced to deal with is when a divorce involves conduct by one of the parents that amount to parental alienation…. Read More »