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What Are Common Ways to Protect Your Money During a Divorce?

Photo of a Person Trying to Protect Their Assets

Divorce is something few of us want to think about. However, if you are contemplating divorce—or already in the middle of a divorce—it is extremely important that you take steps to protect your financial future.

You can actually protect your finances before you file for divorce. If you have any suspicions that your spouse might be hiding money, or if you suspect the divorce is going to be less-than-friendly, you need to take precautions as soon as possible. Read More

Could a New Anti-Hazing Law Put Your College Student at Risk for Criminal Charges?

Young Criminal in Florida

If you currently have a college student in the state of Florida, it is imperative that you know about the new anti-hazing law in our state. It is also equally important that you clearly relay these laws to your child. According to Inside College Ed, the new law allows prosecutors to bring charges of hazing against sorority and fraternity members who helped plan a hazing incident but were not present at the actual hazing. The new Florida law may well be the most intricate in the country. Read More

Five Ways to Find Out if Your Spouse Is Hiding Assets

Photo of a Magnifying Glass on a Keyboard

If you are going through a Florida divorce and believe your spouse could be hiding assets, then it is important to not automatically assume your divorce attorney will look for hidden assets. You must be proactive in this situation.

Inform your divorce attorney that you suspect assets are being hidden. Never take your spouse’s word that they are not. Read More

Are Florida Juvenile Records Really Confidential?

Melbourne Civil Litigation Attorney

Most people believe that juvenile records in the state of Florida are confidential. However, this is not necessarily true. Some juvenile criminal records in the state are not confidential. Specifically, juvenile felony arrests in the state of Florida are not confidential. The confidentiality status of a juvenile record in Florida depends on which government agency is handling the information, as well as the nature of the charge.  Read More

Where Does Florida Alimony Reform Stand?

Florida’s alimony reform movement has persisted for the past six years. Unfortunately, the battle to reform alimony in our state has affected c of Florida spouses. Specifically, wives who were in long-term marriages and “homemakers” are now in their 50s and 60s. 

Since these women often spent decades supporting their husbands’ education and careers, they missed many of their own career and educational opportunities. After years of tending to homes, children, and marriages, these women could be left in dire financial situations if alimony reform in Florida passes. This is because reform would end to their monthly alimony payments.    Read More

Can You Modify Child Support Payments in Florida?

In Florida, child support payments are based on a variety of factors, including the income of both parents, any special expenses and how many nights the child spends with the paying parent. Since any of these factors can change, it could be possible that a modification of child support payments is in order.  Read More

What Happens When Your Ex Stops Making Child Support Payments?

Photo of a Family Separated by Divorce as Mother Begs for Child Support Payments

Each state in the United States determines how child support will be enforced, and Florida is no exception. Generally speaking, child support is determined by the courts and based on numerous factors, including the number of children involved, parenting time, and income. In the state of Florida, a supporting parent earning minimum wage must pay $74 in child support for one child. This is the minimum amount of child support that could be paid. Read More

Florida Woman Arrested for Turning in Her Abuser’s Guns

Photo of a Woman Behind Bars After Being Arrested and Charged With a Crime

In what can only be characterized as a strange twist, Courtney Irby, 32, was recently arrested and charged with one count of armed burglary after showing up to the Lakeland Police Department with guns belonging to her estranged husband. Irby claims Joseph Irby tried to run her over. So, one day after his arrest on a domestic battery charge, she entered her husband’s apartment without his permission, collected his guns and took them to the police station. Irby said she feared her husband would not turn the guns in himself, and believed he might use the guns to harm her once he was released from jail. Read More

Can I Go to Jail for a Driving Offense?

The answer to the question posed in the title of this page depends on four factors:

1) the nature of the offense,
2) the circumstances of the events surrounding the offense,
3) the state in which the offense occurs, and
4) your driving record or history. As an example, speeding isn’t a driving offense that usually results in an arrest or going to jail.

If, however, you were speeding and you caused an accident resulting in serious injuries to another, you chances of going to jail are substantially increased.

Offenses that Usually Result in Arrest and Jail

No matter where you are, and regardless of the circumstances, the following offenses will usually result in your arrest and at least a few hours jail while you wait for someone to post bail or wait your turn to go before a judge for a preliminary hearing. Depending on the specifics of your arrest, you will most likely need to contact a lawyer to arrange your defense if you are later brought to trial.

  • Manslaughter or Vehicular Homicide

Depending on where an accident occurs, if you were involved in an accident where someone was killed, you almost certainly will be charged with manslaughter or vehicular homicide. Since these charges are felonies, you will probably have to wait until you enter a plea at a preliminary hearing before a judge will set your bail.

  • DUI / DWI (Second offense or more)

Given the low tolerance that the public has for DUI / DWI, a second offense of driving under the influence or driving while impaired will also earn you a few hours in jail while you wait to see a judge. Again, depending on your location, you can also expect your driver’s license will be immediately suspended and that your car will be impounded or even confiscated.

You should also be aware that in many states a second arrest on a driving under the influence / while intoxicated puts you at risk of an automatic jail sentence.

  • DUI / DWI (First offense)
  • Read More

    Divorcing a Military Spouse in Florida

    The process of getting a divorce in Florida is never an easy one and it often requires excellent representation from a knowledgeable attorney. This situation is even more important when one or each of the spouses involved in the marriage is associated with the United States military.

    There are additional concerns and different ways that situations such as the dividing of a pension may be handled in a military divorce and this is why it is imperative to consult with a lawyer as soon as possible about your situation.

    In the best case scenario, you would reach out to a Florida divorce attorney who has experience with military divorce as soon as possible. There are other concerns that are unique to the military and the spouse that a civilian divorce will encounter.

    In the event that you are married to someone in the military, it is essential that you understand these issues in order to be prepared for the divorce procedures.

    Some of the unique aspects include retirement division, light off-duty compared with pay for active duty, benefits for health services for the children and the spouse, jurisdiction, calculation of support payments, relocation, pushing off the divorce proceedings in the event that there are orders for outside training or deployment.

    Jurisdiction Issues

    One of the most challenging aspects of a military divorce has to do with deciding the best place to file. The majority of states have exceptions in terms of residency requirements in the event that the divorce includes an active duty personnel.

    Members of the military as well as spouses should also think about filing for divorce in a state where they maintain permanent residence, a place in which they most recently lived as spouses or the state where they own property.

    Retirement plans are obviously a serious concern and one that is especially important in military divorces. In order to qualify to get retirement pay out of the military, he or she must be married for at least 10 years and during this time period, this must also overlap the military member’s contracts.

    Speaking to a lawyer at the outset can help to illuminate whether or not you are eligible to get any part of the retirement. The duration of the marriage is primarily the biggest issue that plays into the benefits a military spouse may be able to receive from the retirement.

    Health Benefits for The Children and Spouse

    So long as a parent is a military member, then health insurance is covered  by the military at no extra cost. Usually there are no copays needed for this, however. Long-term health benefits may also be offered to service members who give at least 20 years of their life to military service.

    Relocation

    Permanent change of station is a major issue for military members, many of whom do not have the luxury of choosing where they want to go, which can add additional stress during divorce proceedings.

    Temporary relocation request should be shared within 30 days of filing and and then again within 90 days of filing total. This means that it is possible to obtain a court’s determination prior to relocating.

    Delaying Divorce for Deployment or Training Read More