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Fighting Over the House in Divorce: What You Need To Know

By Sean Smallwood |

  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 »

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How Much Does A Divorce Cost in Florida?

By Sean Smallwood |

What is the Average Cost for Divorce and Family Attorneys? There comes a time in the lives of many people when they will have to consider calling a nearby divorce attorney in Orlando, FL and for most people, the part they are most afraid of is the thought of how much does a divorce… Read More »

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EmergencyCustody

How to File an Emergency Custody Order in Florida

By Sean Smallwood |

Is it possible to submit a motion for emergency custody in Florida, and what is the procedure for filing an emergency custody order in the state? Wondering if you can file a motion for an emergency custody order in Florida? Here’s how you can determine if your situation qualifies. Emergency custody orders can be… Read More »

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Shocking Truth: DNA Tests Can Be Inaccurate and False! Learn How You Could Sue the Paternity Testing Firm

By Sean Smallwood |

Jump to: Can a DNA Test Be Wrong?, How Accurate Are Home DNA Tests?, Falsified Paternity Tests, How An Orlando Paternity Lawyer Can Help, Establishing Father’s Rights in Florida, How To Spot Fake DNA Test Results Although paternity fraud is still quite prevalent in Florida and throughout the United States, parents should also beware… Read More »

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What to do when Your Ex Refuses to Pay Child Support

When Your Ex Refuses to Pay Child Support: Dos and Don’ts

By Sean Smallwood |

What to Do When Your Ex Refuses to Pay Child Support We’ll go into more detail with each option, but when your ex refuses to pay child support, here’s a short list of what to do: Attempt to communicate with your former spouse about the child support payments they owe Take legal action with… Read More »

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Annulment in Florida

Why Hiring a Lawyer is Essential for Obtaining an Annulment in Florida

By Sean Smallwood |

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 »

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how mother-in-laws ruin marriages

Divorce Issues Caused By Mother in Law

By Sean Smallwood |

Is Your Mother-in-Law Causing Divorce? One area of divorce law that divorce attorneys in Orlando hear about often with their family law clients is the situation where a mother-in-law or other extended family of their spouse may have caused some division in the relationship that ultimately led to the divorce. If you are considering… Read More »

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child support

What Does Child Support Credit Mean and What are the Different Types Of Credit For Child Support

By Sean Smallwood |

What Does Child Support Credit Mean? Are you wondering what child support credit means and if you qualify? Here’s how you know if you qualify for child support credit. If you have been paying child support to one partner prior to the court order going into effect, you might be entitled to child support… Read More »

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spouse empties the bank account in a divorce in Orlando

What To Do If Your Spouse Empties The Bank Account In A Florida Divorce

By Sean Smallwood |

One of the most common early issues that come up in Orlando divorce cases occurs when one of the parties removes money from a joint bank account without any warning to the other party. There are two common ways this happens, one is generally permitted by the courts while the other can get a… Read More »

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dealing with difficult former spouse

Four Ways to Make Dealing with an Impossible Ex-Spouse More Bearable

By Sean Smallwood |

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 »

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How Do Stimulus Checks Get Divided In Divorce

How Do Stimulus Checks Get Divided In Divorce?

By Sean Smallwood |

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 »

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alimony in cases involving adultery

Do I Have To Pay Alimony If My Spouse Commits Adultery?

By Sean Smallwood |

This question was posed to us recently by a potential client and I felt like it would make a great item to include on our site. This is because this is a common area of concern for men and women facing divorce where the other spouse has committed adultery. This information can certainly translate… Read More »

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No way out

Can I Still Get Divorced In Orlando if My Spouse Will Not Sign The Papers?

By Sean Smallwood |

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 »

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How long does a divorce take in Florida

How Long Do Divorces Take in Orlando Florida?

By Sean Smallwood |

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 »

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What if I cannot afford a collaborative divorce in Orlando Florida

What If I Cannot Afford a Collaborative Divorce in Orlando Florida?

By Sean Smallwood |

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 »

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Divorce settlement attorney Orlando FL

If You Want An Uncontested Divorce, Then Ask The Right Questions

By Sean Smallwood |

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 »

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medical decisions for kids in divorce

How to Avoid Conflict Over Children’s Medical Treatment After Divorce

By Sean Smallwood |

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 »

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Will Bankruptcy affect my child support in divorce

How Will Filing for Bankruptcy Affect Your Child Support Obligations In Divorce?

By Sean Smallwood |

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 »

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Marital Debt and Marital Misconduct

Where is the Dividing Line Between Marital Debt and Marital Misconduct?

By Sean Smallwood |

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 »

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Can you get permanent alimony if you are still young in FL Divorce?

Can You Get Permanent Alimony if You are Still Young in Divorce in Orlando FL?

By Sean Smallwood |

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 »

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Biological father no rights if baby born to intact marriage Florida

Courts Can Deny Custody To A Biological Father If Their Child Was Born In An Intact Marriage

By Sean Smallwood |

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 »

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Imputed income florida divorce

Imputed Income In Florida Divorce Does Not Have to be Your Enemy

By Sean Smallwood |

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 »

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divorce involving support of adult children

Disagreements Over Financial Support for Adult Children in Orlando Divorce

By Sean Smallwood |

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 »

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Sabotage income Florida alimony divorce

Sabotaging Your Income to Reduce Alimony is a Terrible Idea In Orlando Florida Divorce

By Sean Smallwood |

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 »

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attorney for divorce involving child custody in Orlando

Should I Use A Guardian Ad Litem In My Florida Divorce?

By Sean Smallwood |

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 »

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How to divide retirement accounts in Florida divorce

How Are Retirement Accounts Divided in Divorce in Florida?

By Sean Smallwood |

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 »

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attorney for divorce involving child custody in Orlando

The Strategy Guide to Florida Divorces Involving Child Custody

By Sean Smallwood |

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 »

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Guide to filing for divorce in Florida

The Complete Guide To Filing For Divorce In Florida

By Sean Smallwood |

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 »

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How to set aside a prenuptial agreement Orlando FL

How to Set Aside A Prenuptial Agreement In Florida

By Sean Smallwood |

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 »

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How to have an Uncontested divorce in Florida

How To Make Sure Your Divorce Goes Uncontested

By Sean Smallwood |

  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 »

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