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Author Archives: Sean Smallwood

Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.

Should I Get Divorced?

By Sean Smallwood |

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 »

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divide student loans in Florida divorce

Who Will Pay Student Loan Debt in a Florida Divorce?

By Sean Smallwood |

In the state of Florida when two people are going through a divorce the general rule is that any debt that was accumulated during the marriage is going to be equally divided. This is referred to as equitable distribution and it applies to assets as well as debt. One issue that comes up very… Read More »

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contempt and enforcement of divorce orders Florida

How to Hold Someone in Contempt of a Divorce Agreement in Florida

By Sean Smallwood |

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 »

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hpw to deal with parental alienation in Florida

How to Deal With Parental Alienation in Divorce

By Sean Smallwood |

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 »

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what advice to give to a friend going through a divorce

Advice to Give To A Friend Going Through Divorce

By Sean Smallwood |

What Advice Should I Give to A Friend Who Is Going Through A Divorce? In my experience when most people are facing a divorce they are in a place where they have been bottling up different feelings and emotions for months or even years. When things reach a boiling point, one natural reaction for… Read More »

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divorce with autistic children

Divorce Involving Children With Autism Spectrum Disorder ASD

By Sean Smallwood |

If You Are Facing a Divorce Involving a Child With Autism There Are Several Traps to Watch Out For One very common fact scenario that divorce attorneys in Orlando Florida are faced with these days is the situation where a divorce involves contested child custody issues over children with autism. When there are special… Read More »

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after holidays divorce

Should I Wait Until After Christmas to File for Divorce

By Sean Smallwood |

Why Would It Be A Good Idea To Wait Until After Christmas To File For Divorce? As we get closer to Christmas, we always see a steep decline in the numbers of people who are filing for divorce. This will usually be followed each year by a sharp increase in divorce filings after the… Read More »

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benefit of being first to file for divorce

Does It Matter If I Am The First One To File For Divorce?

By Sean Smallwood |

Can You Get A Better Result By Filing For Divorce Before Your Spouse? One of the most common questions that we receive at our Orlando divorce law firm is whether or not it makes any difference who the first person is to file for divorce and whether it would help them get a better… Read More »

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Uncontested Divorce in Florida: When Is It the Right Option?

By Sean Smallwood |

When you hear the word “divorce,” what do you imagine in your head? Is it two soon-to-be-former spouses yelling at each other in court, their children crying, and indifferent judges banging the gavel against a wooden table? Well, it does not have to be this way. More often than not, divorces in Orlando and… Read More »

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Father standing apart from family

Legal Requirements to Get Fathers’ Rights in Florida

By Sean Smallwood |

Each parent believes that they are the best parent for their child and that they should have primary custody of their child after a divorce. Many fathers are not aware of the requirements to get the fathers’ rights in Florida courts. In Florida, family courts are legally required to make a decision based on… Read More »

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Domestic violence

Does Domestic Violence Affect a Divorce Settlement in Florida?

By Sean Smallwood |

Domestic violence can directly or indirectly impact certain aspects of a divorce settlement such as child custody, alimony, and even property division. Each year, more than 100,000 cases of domestic violence (DV) are reported to authorities in Orlando and other parts of Florida. However, the real number of incidences of domestic violence in the… Read More »

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Baby Prenups in Florida: What is it and Do You Need One?

By Sean Smallwood |

An increasing number of parents-to-be in Florida are signing the so-called “baby prenups,” but many expectant parents are unfamiliar with the phenomenon of signing parenting contracts. Many expectant parents praise the idea of signing “baby prenups,” while others consider it a bad idea. After all, these parenting contracts remind couples that their marriage may… Read More »

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family law parental responsibility

How Do Hurricanes Impact Florida Parenting Plans and Custody Agreements?

By Sean Smallwood |

As Hurricane Dorian is inching closer to South Florida, and millions of Floridians are stocking up on supplies to be prepared for the landfall, divorced parents are facing a conundrum. “How do hurricanes and other acts of God impact my custody agreement and parenting plan?” is a question on almost every divorced parent’s mind… Read More »

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set aside divorce agreement

Can I Set Aside a Divorce Settlement Agreement?

By Sean Smallwood |

Is It Possible To Set Aside a Divorce Settlement Agreement? As a divorce attorney in Orlando Florida, I have seen a lot of situations where people have come into our office for a consultation expressing concern regarding an agreement to settle their divorce that they entered into and now are realizing that there are… Read More »

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Do You Have to Keep Paying Child Support if Your Child Moves Out of the Other Parent’s House?

By Sean Smallwood |

In Florida, the duration and amount of child support payments depend on various factors, including parental income and who the children live with. These and other factors can change over time, which may entitle the payor (the parent paying child support) to modify the existing order. For example, let’s say a father pays the… Read More »

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relocation and divorce

Use of The Psychological Evaluation In Divorce

By Sean Smallwood |

The Psychological Evaluation Is a Powerful Tool in Divorce if Used Wisely Very often in divorce litigation, it becomes necessary to conduct a psychological evaluation of one of the parties to the divorce. This is especially important in cases involving child custody disputes where the psychological condition of one of the parents is called… Read More »

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broken couple

Calculating Florida Alimony: 5 Things to Know When Determining Spousal Support

By Sean Smallwood |

Determining alimony, also known as spousal support, can be tough if you are trying to do it on your own without seeking the help of an Orlando alimony lawyer. After a divorce in Florida, you may feel overwhelmed by multiple questions such as, “Will alimony be awarded in my case?” “How long will I… Read More »

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Child custody and visitation

Are Florida Courts Biased Against Fathers When Awarding Child Custody?

By Sean Smallwood |

If you are a father who has already filed for divorce or are considering making this life-altering decision, you are probably worried that a Florida court would prefer the mother of your child when awarding child custody. Is your fear baseless or not? Are Florida courts biased against fathers when giving custody? That is… Read More »

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DNA Tests Can Be Inaccurate and False (But You Could Sue the Paternity Testing Firm)

By Sean Smallwood |

Although paternity fraud is still quite prevalent in Florida and throughout the United States, parents should also beware of erroneous results in DNA paternity testing. According to World Net Daily (WND), up to 30 percent of paternity claims are fraudulent. Paternity fraud occurs when a mother or father deliberately tricks another man into believing… Read More »

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divorce

A New Study Reveals the Top 4 Reasons for Divorce in the U.S.

By Sean Smallwood |

Every marriage has its ups and downs. How well married partners manage these ups and downs determines the strength of their marriage and the likelihood of divorce. But when there are more “downs” than “ups,” a divorce becomes a very likely option. Fact: In 2017, the divorce rate in Florida was 3.6 per thousand… Read More »

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Orlando divorce attorney

The Right Time to Contact a Divorce Lawyer Is Now, Not on Divorce Monday

By Sean Smallwood |

The Internet will tell you that revenge is a dish best served cold, but plotting for months or years to divorce your spouse under the circumstances most unfavorable to them is a bad idea.  If you are planning to get a divorce, but you have questions you need to be answered before you file… Read More »

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alimony lawyer

Can You Stop Paying Alimony If Your Ex Moves in With a New Partner?

By Sean Smallwood |

One of the kinder things that has been said about Florida alimony laws is that they are old-fashioned.  Some of the alimony laws still on the books come from a time when women had very limited earning potential and when men were almost always the only source of financial support for their wives and… Read More »

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divorce apps

There Are Apps for Everything, Even Divorce

By Sean Smallwood |

Your phone is probably full of apps of varying degrees of usefulness.  There are apps to track your spending, exercise, and food consumption.  There are apps to make you and the other people in your pictures look more beautiful or uglier.  There are apps to let you identify songs you hear playing on the… Read More »

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alimony lawyer

Yes, You Can Get Your Alimony Obligations Reduced Retroactively

By Sean Smallwood |

In an era when most Americans, even the wealthiest ones, are in debt, one of the few things more depressing than thinking about your credit card debt is thinking about your alimony obligations.  While it is possible to negotiate with many creditors, spousal support obligations are much harder to get out of.  The court… Read More »

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alimony lawyer

The Debate Over Permanent Alimony In Florida

By Sean Smallwood |

Yes, Florida still has permanent alimony as of 2019. Yes, bills appear in Florida’s legislature at least once per year as lawmakers attempt to change alimony laws. Alimony, especially alimony that theoretically continues for the rest of a person’s life, is a sore subject among divorced and unhappily married people. Despite the attention it… Read More »

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prenuptial agreement and pets

Don’t Lose Your Pet In A Divorce: Get a Prenup

By Sean Smallwood |

You might have heard that the term “equitable” in “equitable distribution” means “fair,” but that does not make it hurt any less when the court orders you to sell off property that you had hoped to keep after your divorce, or, worse, to award an asset to your ex when you know in your… Read More »

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Child custody and visitation

Temporary Relief Issues In Divorce

By Sean Smallwood |

In many divorce cases, it often becomes necessary for the Orlando divorce attorneys to file and argue over temporary relief. Temporary relief basically describes the process of requesting an order of the court that addresses important items in the case such as alimony, child support, attorney’s fees, and visitation on a temporary basis. This… Read More »

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relocation and divorce

What If I Need to Relocate With My Kids During My Divorce?

By Sean Smallwood |

One of the most difficult issues that Orlando divorce lawyers and judges have to grapple with is whenever one of the parties to the divorce action needs to relocate a long distance away and desires to take the children with them. This is because it is impossible for a divorce judge to award equal… Read More »

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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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