Category Archives: Divorce
Can I reconcile before my divorce is final
TL;DR Many divorce attorneys, including the author, encourage clients to try marriage counseling before finalizing a divorce. The odds of reconciliation are often higher than people realize, and small changes or counseling could resolve many marital issues. Common causes of divorce, such as financial disagreements, parenting conflicts, and addiction, can often be addressed through… Read More »
Divorce and Porn Addiction
On this page: Considering Divorcing a Porn Addict? Recognizing the Effects of Porn Addiction and Divorce What Do I Do if My Partner Is Addicted to Porn? Ready to Speak with a Divorce Attorney? What Our Clients Say TL;DR Porn addiction is a growing cause of divorce, with studies showing it plays a significant… Read More »
What To Do If Your Spouse Empties The Bank Account In A Florida Divorce
TL;DR It’s common for one spouse to remove money from a joint bank account during a divorce, but there are rules around it. Taking half of a marital account is generally allowed if the person fears the other might take all the funds. Removing all money from a joint account can lead to legal… Read More »
5 Orlando Divorce Statistics You Never Knew
TL;DR Orlando has a divorce rate of over 13%, which is higher than the national average of 10%. Several Florida cities, including Orlando, rank high for divorce rates, with Panama City at the top. From 2010 to 2013, most Florida cities saw an increase in divorce rates, except for Tampa. Orlando has a significant… Read More »
Advice to Give To A Friend Going Through Divorce
TL;DR Encourage your friend to consider marriage counseling if both spouses are willing to save the marriage. Advise them to speak with a divorce attorney early to avoid complications and understand the legal process. Suggest they know where their money is and be aware of joint accounts to avoid financial surprises. Remind them to… Read More »
Use of The Psychological Evaluation In Divorce
TL;DR Psychological evaluations in divorce are often used in custody disputes to assess a parent’s mental health. Attorneys must request a court order for the evaluation, which outlines costs, evaluator choice, and timelines. Lawyers may try to agree on terms before seeking a judge’s decision. False or exaggerated claims can backfire if evaluations favor… Read More »
Do I Have To Pay Alimony If My Spouse Commits Adultery?
TL;DR In Florida, adultery is a factor courts can consider in alimony decisions, but judges rarely give it much weight. Alimony is based more on financial need, ability to pay, marriage length, lifestyle, and other statutory factors. Cheating typically does not affect whether alimony is awarded. Longer marriages, especially over 16 years, carry a… Read More »
Facing Divorce With An Autistic Child or Child With Autism Spectrum Disorder (ASD) in Florida
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 near 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 »
Can I Set Aside a Divorce Settlement Agreement?
TL;DR Courts are reluctant to set aside divorce settlement agreements unless there are serious issues like fraud, misrepresentation, coercion, or major changes in circumstances. Agreements can sometimes be vacated before final judgment if they no longer serve a child’s best interest or financial situations shift significantly. After final judgment, setting aside an agreement is… Read More »
How Much Does A Divorce Cost in Florida?
TL;DR Divorce costs in Florida vary widely, with most retainers ranging between $2,500 and $5,500 through mediation; trial prep often requires additional fees. Billing structures include flat-fee retainers, non-refundable retainers, and refundable trust deposits, each with pros and cons. Attorney skill and strategy matter more than price; cooperation between parties greatly reduces costs. High… Read More »
Divorce Issues Caused By Mother in Law
TL;DR Mother-in-law interference is a common cause of marital strain and even divorce. Unrealistic expectations and lack of emotional boundaries can fuel tension. Couples should address issues as a united team and communicate openly. Therapy and setting clear boundaries with extended family can prevent divorce. If separation becomes necessary, consulting a divorce attorney is… Read More »
Why Hiring a Lawyer is Essential for Obtaining an Annulment in Florida
On this page: What Is Marriage Annulment in Florida? | Divorce Vs. Annulment in Florida | Is an Annulment Lawyer the Same as a Divorce Lawyer? | Florida Annulment Requirements | An Annulment Case in FL From the Local News Headlines | The Bottom Line on Marriage Annulment in Florida | Contact Sean Smallwood… Read More »
A New Study Reveals the Top 4 Reasons for Divorce in the U.S.
TL;DR A recent study found that the top reasons for divorce in the U.S. are lack of love or intimacy, communication issues, lack of sympathy or trust, and growing apart. Florida is a no-fault divorce state, meaning couples don’t need to prove fault to divorce. Divorce in Florida can be contested or uncontested, with… Read More »
Understanding Different Types of Restraining Orders in Florida
Types of Restraining Orders in Florida: Domestic Violence Injunctions The most common restraining order is the injunction for protection against domestic violence. This applies when one party alleges physical harm or threats of imminent harm, such as being slapped, threatened, or otherwise abused. These injunctions typically last about 12 months and are often filed… Read More »
Navigating Domestic Violence Allegations in Divorce Cases
The Reality of Domestic Violence Claims in Family Court Domestic violence allegations in divorce cases almost always lead to high-conflict situations. Once an allegation is made, especially when a petition for protection is filed, the story becomes locked in. Whether the claims are true, exaggerated, or false, the accuser usually feels compelled to stick… Read More »
Parental Rights for Unmarried Parents in Florida
No Common Law Marriage in Florida Florida does not recognize common law marriage. For unmarried parents, the mother is the legal custodial parent at birth until the father establishes paternity through the court system. Establishing Parental Rights for Unmarried Parents in Florida Fathers must file petitions to establish parental rights and custody. This process… Read More »
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 »
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 »
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 »
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 »
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 »