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Category Archives: Divorce

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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puzzle pieces

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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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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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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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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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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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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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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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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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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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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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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asset division in divorce lawyer Sean Smallwood

Equitable Distribution in Divorce: Florida Family Courts Aim to Play Fair, Even When Estranged Spouses Do Not

By Sean Smallwood |

With very few exceptions, everyone loses financially in a divorce.  Women who enrich themselves by marrying and divorcing rich men in succession are largely a fiction that exists only in tall tales exchanged at poker night gatherings.  Almost all your divorced friends were poorer after their divorce than before, as they have probably told… Read More »

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addiction to porn is a leading cause of divorce

Divorce and Porn Addiction

By Sean Smallwood |

There Is a New Epidemic That Is Lurking Behind the Scenes and Has Become a Root Cause to at Least Half of the Divorces Reported in the United States The issue of porn addiction and its effects on the current divorce rates is an extremely serious issue that everyone needs to be aware of…. Read More »

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discovery done by divorce attorneys

Financial Discovery in Divorce Litigation

By Sean Smallwood |

In every divorce case that moves through the court system, the parties to the divorce must submit certain minimum mandatory financial discovery documentation either to the court or to the opposing party or their divorce attorney. The purpose of this exchange of discovery is to ensure that everybody is being honest about their income,… Read More »

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divorce lawyer sending client to counseling

Can I reconcile before my divorce is final

By Sean Smallwood |

I don’t know about other divorce attorneys conduct business inside their offices, however, I can tell you that the vast majority of people who come and sit down with me for a divorce consultation are going to be asked if they have attempted marriage counseling and if they would be willing to attempt it… Read More »

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nope to kavanaugh

The Allegations in the Kavanaugh Confirmation Hearings and How Divorce Attorneys See Them Every Day On the Job

By Sean Smallwood |

The Similarities Between the Kavanaugh Confirmation Process and What Divorce Attorneys and Judges Do is Striking Recently, all the news channels and headlines in the United States have been filled with status updates and debates about the confirmation process for Brett Kavanaugh to the Supreme Court of the United States. As I listened to… Read More »

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home for sale

How Will Our Home Be Divided In A Divorce

By Sean Smallwood |

One issue that divorce attorneys deal with in nearly every divorce case is figuring out the best way to address the division of the marital home. The fact is that addressing a home in a divorce can be very simple if both of the parties in the divorce agree on what should happen. However,… Read More »

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